Number
070072
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BOHL
Title
A substitute ordinance relating to the licensing of certain types of retail establishments.
Sections
81-58 cr
84-15 cr
Analysis
This ordinance creates a license requirement for any general retail establishment, as defined in the zoning code, where all of the following are true:
a. The gross floor area of the establishment exceeds 6,000 square feet.
b. The establishment has fewer off-street parking spaces available for public use than the number of spaces required by the zoning code for a general retail establishment of its size.
c. The establishment is located on a block on which at least 50% of the aggregate frontage of all blockfaces is zoned single-family residential or 2-family residential.
A general retail establishment license shall be issued for one year. The license fee shall be $200. Licenses shall be issued by the city clerk.
The chief of police, commissioner of health or commissioner of neighborhood services may object to the issuance of a new license or renewal of a license. Proceedings for suspension or revocation of a license already issued may be instituted by the licensing committee upon its own motion, or upon sworn written charges made and filed with the city clerk by any of these 3 officials or upon a sworn written complaint filed with the city clerk by any city resident. The city's standard due-process hearing procedure shall be used by the common council when considering possible denial, nonrenewal, suspension or revocation of a license. Grounds for denial, nonrenewal, suspension or revocation of a license include:
1. Whether the applicant or licensee meets the requirements of the licensing ordinance.
2. Whether the applicant or licensee has been charged with or convicted of any felony, misdemeanor, municipal offense or other offense, the circumstances of which substantially relate to the licensed activity.
3. For a new license application, the appropriateness of the location and premises to be licensed.
4. For a new license application, whether there is an overconcentration of licensed general retail establishments in the neighborhood such that the concentration will have an adverse impact upon the public health, safety and welfare of the neighborhood.
5. Whether the general retail establishment has been the location of one or more of the following:
a. Disturbance of the peace.
b. Illegal drug activity.
c. Public drunkenness.
d. Drinking in public.
e. Harassment of passers-by.
f. Gambling.
g. Prostitution.
h. Sale of stolen goods.
i. Public urination.
j. Theft.
k. Assaults.
L. Battery.
m. Acts of vandalism, including graffiti.
n. Excessive littering.
o. Loitering.
p. Illegal parking.
q. Loud noise at times when the licensed premise is open for business.
r. Traffic violations.
s. Curfew violations.
t. Lewd conduct.
u. Display of materials harmful to minors, as described in the code.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 81-58 of the code is created to read:
81-58. General Retail Establishment License. 1. Each general retail establishment license shall be issued for a period of one year beginning on [city clerk to insert date] and ending on the following [city clerk to insert date].
2. The fee for each license shall be $200.
3. The fee to file an application for change of officers, directors or agents for a corporation or limited liability company shall be $25.
4. License renewal applications shall be filed no later than [city clerk to insert date]. There shall be an additional fee for the filing of a late renewal application in the amount of $35.
(See s. 84-15.)
Part 2. Section 84-15 of the code is created to read:
84-15. General Retail Establishments. 1. FINDINGS. The common council finds that certain types of general retail establishments, namely establishments that have over 6,000 square feet of floor space, have few or no off-street parking spaces and are located in close proximity to residentially-zoned property, create or have the potential to create negative impacts on the health, safety and welfare of the surrounding neighborhood. In particular, the common council finds that these establishments have a tendency to generate litter, create parking and traffic congestion and violations, harbor various types of criminal activity, and be associated with loud noise and other unruly behavior on the part of their customers. This section is enacted pursuant to the common council's authority to provide for the health, safety and welfare of the residents of the city of Milwaukee.
2. DEFINITION. In this section, "general retail establishment" means a general retail establishment, as defined in s. 295-201-505, where all of the following are true:
a. The gross floor area of the establishment exceeds 6,000 square feet.
b. The establishment has fewer off-street parking spaces for public use than the number of spaces required by table 295-403-2-a for a general retail establishment of its size. Off-street parking spaces shared with one or more other establishments in a multi-tenant building may be counted as parking spaces for the establishment.
c. The establishment is located on a block, as defined in s. 295-201-61, on which at least 50% of the aggregate frontage of all blockfaces, as defined in s. 295-201-63, is zoned single-family residential or 2-family residential.
3. LICENSE REQUIRED. No person, corporation, partnership, limited liability company or partnership, club, association or organization shall operate a general retail establishment without first applying for and receiving a license as provided in this section.
4. APPLICATION. a. Application for a general retail establishment license shall be filed with the city clerk on a form provided therefore. Before providing a license application form to any person, the city clerk shall contact the department of city development for verification that a license is required for the premises for which the person is requesting the license application. If the department of city development determines that a license is required for the premises in question, the city clerk shall furnish an application form to the person who requested it.
b. The application shall require:
b-1. The name and home address of the applicant.
b-2. The name and address of the premises for which the license is to be granted, including the aldermanic district in which it is situated.
b-3. The name and home address of the person owning the premises for which the license is to be granted.
b-4. If the applicant is a corporation, the name of the corporation shall be set forth exactly as it is set forth in its articles of incorporation, together with the names and home address of each of its officers, directors and designated managers, if any. The application shall be verified by an officer of the corporation. If one or more of the officers is a corporation, the provisions of this section pertaining to a corporate applicant shall apply to the corporate officers.
b-5. If the applicant is a partnership, the application shall set forth the name and home address of each of the partners, including limited partners, and the application shall be verified by each partner. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply to the corporate partners.
b-6. If the applicant is a club, association or other organization which is neither a corporation or partnership, the application shall set forth the exact name of the entity together with the names and home addresses of all officers and be verified by an officer of the club, association or organization.
b-7. All convictions for violation of federal, state or local laws or ordinances, exclusive of traffic violations, with a brief statement of the nature of the convictions and the jurisdiction in which the conviction occurred.
b-8. The date of birth of the applicant.
b-9. Whether the applicant has, prior to the date of application, been licensed to operate a general retail establishment in the city and the location of any such establishment.
b-10. A completed plan of operation on a form provided therefore by the city clerk. The plan of operation shall require:
b-10-a. The planned hours of operation for the premises.
b-10-b. The number of customers expected on a daily basis at the premises.
b-10-c. The number of off-street parking spaces available at the premises.
b-10-d. What plans, if any, the applicant has to provide security for the premises.
b-10-e. What plans, if any, the applicant has to insure the orderly appearance and operation of the premises with respect to litter and noise.
b-10-f. Any other city licenses held by the applicant or attached to the premises.
b-11. An applicant not maintaining a place of business in the state of Wisconsin shall continuously maintain in this state a registered office and a registered agent for service of process, notice or demand required and permitted by law to be served on foreign corporations, the address of such office and the name and address of such agent to be filed with the city clerk.
b-12. Such other reasonable and pertinent information the common council or the licensing committee may from time to time require.
c. Post office box numbers shall not be acceptable for addresses required on applications for general retail establishment licenses.
d. The application shall be signed by the applicant, if an individual, or by a duly authorized agent or officer of a corporation or limited liability company, and sworn to by the applicant.
e. All applicants shall be fingerprinted. If the applicant is a corporation, the agent shall be fingerprinted. If the applicant is a partnership, each partner shall be fingerprinted. This requirement shall not apply to a person already licensed by the city when that person is renewing the license. If a set of fingerprints is on file with the police department, an additional set shall not be required unless expressly requested by the police department for purposes of verification.
f. The building owner or applicant shall file with the license application a valid occupancy certificate issued by the commissioner of city development for the operation of the premises, or provide proof of having applied for an occupancy certificate.
5. CHANGES TO BE REPORTED. a. A licensee shall notify the city clerk whenever there is a change in any information that is reported in the application form or renewal application form. The licensee shall make this notification in writing within 5 days after the change occurs.
b. Whenever a corporation or limited liability company holding a general retail establishment license changes any of its corporate officers, directors or agents, the corporation or company agent shall file within 10 days after the change occurs the appropriate application with the city clerk and pay the fee required by s. 81-58-3. This application shall in all respects be treated as a new application subject to all the requirements of this section. This paragraph shall not apply when a change is necessitated by the death of corporate or company officers, directors or agents.
6. FEE. a. All applications shall be accompanied by the fee specified in s. 81-58.
b. If payment for the license fee is made by check or other draft and payment on the draft is stopped or the draft is drawn upon a non-existent or an account containing insufficient funds, the applicant shall, within 15 days after the receipt of notice from the city clerk of the insufficiency, pay by cashier's check or other certified draft, money order or cash, the fees, late fees and processing charges as specified by the code. Non-payment of all applicable fees, late fees and processing charges within 15 days after the applicant received notice of the insufficiency shall render the license null and void, and the establishment shall not be open at any time until all fees, late fees and processing charges are paid in full.
7. DISQUALIFICATION. a. Whenever an applicant for a new general retail establishment license has had his or her application denied for a reason relating to the fitness of the location of the premises to be licensed, no other application for a general retail establishment license for such location shall be recommended for approval by the licensing committee within 2 years of the date of the denial unless the applicant has demonstrated a change of circumstances since the prior denial. Before the committee considers any such application, the applicant shall file with the city clerk a written statement setting forth the change in circumstances relating to the fitness of the location of the proposed licensed premises since the prior denial. In considering whether changed circumstances exist, the committee shall consider, among other factors:
a-1. A change in the number of licensed general retail establishments in the neighborhood.
a-2. A change in zoning applicable to the subject property or other property located on the block, as defined in s. 295-201-61, on which the subject property is located.
a-3. New developments of land uses in the vicinity of the subject property.
b. Whenever an application accompanied by a written statement of changed circumstances is filed, the committee shall hold a hearing to determine if changed circumstances exist. At the hearing, testimony shall be limited to that of the applicant and the applicant's attorney with respect to demonstration of a change in circumstances. If the committee determines that the applicant has failed to demonstrate that a sufficient change in circumstances exists to justify a new hearing on the merits, the committee shall recommend that the application be denied. If the committee determines that a sufficient change in circumstances has been demonstrated to justify a new hearing on the merits, the committee shall schedule a separate hearing on whether the application should be recommended for approval or denial.
c. Whenever an applicant for a general retail establishment license has had his or her application denied for a reason not relating to the fitness of the location of the premises to be licensed, no other application for a general retail establishment license for such location shall be recommended for approval by the licensing committee within 12 months of the date of the denial.
8. ISSUANCE. a. An application for a general retail establishment license shall be referred to the chief of police, the commissioner of neighborhood services and the commissioner of health, each of whom shall cause an investigation to be made and report his or her findings to the licensing committee. If no objection to an application is filed with the licensing committee, the license shall be forwarded to the common council for approval. The common council may grant a general retail establishment license prior to issuance of an occupancy certificate, but the license shall not be issued until the applicant provides proof of issuance of the occupancy certificate. If an objection to an application is filed, the license shall be forwarded to the licensing committee for its recommendation as to whether the license should be granted.
b. If there is a possibility of denial, no hearing shall be held unless the city clerk's office has provided written notice to the applicant. The notice shall be served upon the applicant so that the applicant has at least 3 days' notice of the hearing. The notice shall contain:
b-1. The date, time and place of the hearing.
b-2. A statement that the possibility of denial of the license application exists and the reasons for possible denial.
b-3. A statement that an opportunity will be given to the applicant to respond to and challenge any reason for denial and to present witnesses under oath and to confront and cross-examine opposing witnesses under oath.
b-4. A statement that the applicant may be represented by an attorney of the applicant's choice at the applicant's expense, if the applicant so wishes.
c. If there is a possibility of denial, at the hearing the committee chair shall open the meeting by stating that a notice was sent and read the notice into the record unless the applicant admits notice. The chair shall advise the applicant that the applicant has an option to proceed with a due process hearing, represented by an attorney of the applicant's choice, with all testimony both direct and cross-examination under oath, or that the applicant may simply make a statement to the committee.
d. A due process hearing shall be conducted in the following manner:
d-1. All witnesses shall be sworn in.
d-2. The chair shall ask those opposed to the granting of the license to proceed first.
d-3. The applicant shall be permitted an opportunity to cross- examine.
d-4. After the conclusion of the opponent's testimony, the applicant shall be permitted to present the applicant's own witnesses, subject to cross-examination.
d-5. Committee members may ask questions of witnesses.
d-6. Both proponents and opponents shall be permitted brief summary statements.
e. The recommendations of the committee regarding the applicant shall be based on evidence presented at the hearing. Probative evidence concerning whether the license should be granted may be presented on the following subjects:
e-1. Whether the applicant meets the requirements of this section.
e-2. Whether the applicant has been charged with or convicted of any felony, misdemeanor, municipal offense or other offense, the circumstances of which substantially relate to the licensed activity.
e-3. The appropriateness of the location and premises to be licensed. Probative evidence relating to these matters may be taken from the plan of operations submitted pursuant to sub. 4-b-10.
e-4. Whether there is an overconcentration of businesses licensed under this section in the neighborhood such that the concentration will have an adverse impact upon the public health, safety and welfare of the neighborhood.
e-5. In the case of an existing business, whether the establishment has been the location of one or more of the following:
e-5-a. Disturbance of the peace.
e-5-b. Illegal drug activity.
e-5-c. Public drunkenness.
e-5-d. Drinking in public.
e-5-e. Harassment of passers-by.
e-5-f. Gambling.
e-5-g. Prostitution.
e-5-h. Sale of stolen goods.
e-5-i. Public urination.
e-5-j. Theft.
e-5-k. Assaults.
e-5-L. Battery.
e-5-m. Acts of vandalism, including graffiti.
e-5-n. Excessive littering.
e-5-o. Loitering.
e-5-p. Illegal parking.
e-5-q. Loud noise at times when the licensed premise is open for business.
e-5-r. Traffic violations.
e-5-s. Curfew violations.
e-5-t. Lewd conduct.
e-5-u. Display of materials harmful to minors, pursuant to s. 106-9.6.
e-6. Any other factor or factors which reasonably relate to the public health, safety and welfare.
f. The committee may make a recommendation immediately following the hearing or at a later date. Written notice of the committee's decision will be provided if the decision is made at a later date or if the applicant was not present or represented. The committee shall forward its recommendation in writing to the common council for vote at the next meeting at which such matter will be considered.
9. TRANSFER OF LICENSE OR CHANGE OF NAME. a. No license shall be transferable whether as to licensee or location except as herein provided.
b. Every license issued under this section may be transferred from one premises to another within the city, upon payment of the fees required in s. 81-58, but no licensee shall be entitled to more than one transfer in any one license year. The application and proceedings for such transfer shall be made in the same form and manner as the original application.
c. The city clerk is authorized to change the names on general retail establishment licenses in such instances as death in the family, marriages and divorces where the award is by court decree; and where such name change will not transfer the license outside the family.
d. In case of death of the licensee, the license may, in the discretion of the common council, be transferred to the executor, administrator or next of kin of the deceased licensee. In such event, the executor, administrator or next of kin of the deceased licensee shall report the death of the original licensee to the city clerk, together with the name and address of the person by whom such licensed business is to be conducted. The transfer of a license under such circumstances may be made only if it is approved by the common council and the new licensee is in full compliance with this section. In the case of the death or withdrawal of one or more members of a partnership to which a license has been issued, the city clerk shall upon request permit the remaining partner or partners to operate the business for the remainder of the license year.
e. If a licensee becomes disabled, the common council may, in its discretion and upon application, transfer the license to the licensee's spouse if that spouse may hold a license pursuant to this section and complies with all requirements of this section applicable to original applicants, except that the spouse is exempt from payment of the license fee.
f. If any licensee becomes bankrupt or makes an assignment for the benefit of creditors, the receiver or creditor may continue or sell said business. The transfer of a license under such circumstances may be made only if it is approved by the common council and the new licensee is in full compliance with this section.
g. The transfer of stock in any corporate licensee shall be reported to the city clerk within 48 hours. The transfer of corporate stock shall not require the payment of any transfer of license fee.
10. RENEWAL. a. Procedure for Renewal. Applications for license renewal shall be made to the city clerk. The clerk shall refer the application to the chief of police, the commissioner of neighborhood services and the commissioner of health for review. If all 3 indicate that the applicant still meets the licensing qualifications, the application shall be referred to the common council for approval unless a written objection has been filed with the city clerk at least 45 days prior to the date on which the license expires. This objection may be filed by any interested person. If a written objection is filed, or if a determination is made that the applicant no longer meets the licensing qualifications, the application shall be forwarded to the licensing committee for its recommendation to the common council.
b. Procedure for Nonrenewal. b-1. If there is a possibility that the committee will not renew a license, a motion shall be entertained to hold the application in committee and instruct the city clerk to forward proper notice to the applicant, unless such notice has already been sent, in which case the hearing shall proceed.
b-2. Prior to the date set for the hearing, the city clerk's office shall forward notice of the hearing to the applicant. This notice shall contain:
b-2-a. The date, time and place of the hearing.
b-2-b. A statement of the common council's intention to suspend or not renew the license in the event any objections to renewal are found to be true.
b-2-c. A statement of the reasons for possible suspension or nonrenewal.
b-2-d. A statement that an opportunity will be given to respond to and challenge such reasons for suspension or nonrenewal and to present witnesses under oath and to confront and cross-examine opposing witnesses under oath.
b-2-e. A statement that the applicant may be represented by an attorney of the applicant's choice at the applicant's expense, if the applicant so wishes.
c. Hearings. All hearings held and committee recommendations prepared pursuant to this subsection shall be conducted as set forth in sub. 12.
d. Disqualification. Whenever any license is denied renewal, such denial shall be entered on the record by the city clerk and no general retail establishment license shall be granted to the same person for a period of 12 months following the date of nonrenewal.
e. Surrender. When any license is surrendered in lieu of a pending nonrenewal proceeding, no general retail establishment license shall be granted to the same person at that same location for a period of 12 months following the date of its surrender.
11. REVOCATION OR SUSPENSION OF LICENSES. a. Any license issued under this section may be suspended or revoked for cause by the common council after notice to the licensee and a hearing.
b. Suspension or revocation proceedings may be instituted by the licensing committee upon its own motion, or upon sworn written charges made and filed with the city clerk by the chief of police, the commissioner of health, the commissioner of neighborhood services or upon a sworn written complaint filed with the city clerk by any city resident.
c. Whenever either sworn written charges or a sworn written complaint are filed with the city clerk setting forth specific charges against a licensee that are grounds for suspension or revocation of a license, the city clerk shall issue notice to the licensee. The notice shall be served upon the licensee so that the licensee has at least 3 days' notice of the hearing. The notice shall contain:
c-1. The date, time and place of the hearing.
c-2. A statement that the possibility of suspension or revocation of the license exists and the reasons for possible suspension or revocation.
c-3. A statement that an opportunity will be given to the applicant to respond to and challenge any reason for suspension or revocation and to present witnesses under oath and to confront and cross-examine opposing witnesses under oath.
c-4. A statement that the licensee may be represented by an attorney of the applicant's choice at the licensee's expense, if the licensee so wishes.
d. The licensing committee shall convene at the date and time designated in the notice for the purpose of taking evidence and making findings of fact and conclusions of law and a recommendation to the common council in connection with the proposed suspension or revocation.
e. If the licensee appears before the committee at the time designated in the notice and denies the charges contained in the complaint, an evidentiary hearing in connection with the suspension or revocation shall be conducted by the committee at that time. If the licensee does not appear, or appears but does not deny the charges contained in the complaint, the complaint shall be taken as true and the committee shall hear the arguments of the complaints and the licensee in connection with the suspension or revocation.
f. All hearings held and committee recommendations prepared pursuant to this subsection shall be conducted as set forth in sub 12.
12. HEARING PROCEDURE. a. Authority of Licensing Committee. The licensing committee shall conduct a hearing with respect to the nonrenewal, suspension or revocation of a license pursuant to this subsection. The chair of the committee shall be the presiding officer.
b. Committee Hearing Procedure. b-1. The chair shall direct that oaths be administered and subpoenas issued upon request of either side.
b-2. The chair shall ensure that an orderly hearing is conducted in accordance with the requirements of this subsection.
b-3. The chair shall rule on objections to the admissibility of evidence. Any ruling of the chair shall be final unless appealed to the committee, and the committee shall reverse such ruling only upon the vote of a majority of its members.
b-4. At all stages of the proceedings before the committee or before the common council, the licensee shall be entitled to appear both in person and by an attorney of the applicant's choice.
c. Record. A stenographic record shall be made of all proceedings before the committee and before the common council when written exceptions have been filed. Any interested party may at any stage of the proceedings order a copy of the transcript of the record or portions thereof at his or her own expense.
d. Grounds for Nonrenewal, Suspension or Revocation. The recommendation of the committee regarding the licensee shall be based on evidence presented at the hearing. Probative evidence concerning nonrenewal, suspension or revocation may include evidence of:
d-1. Failure of the licensee to meet the requirements of this section.
d-2. Pending charges against or the conviction of any felony, misdemeanor, municipal offense or other offense, the circumstances of which substantially relate to the circumstances of the particular licensed activity, by the licensee or by any employe of the licensee.
d-3. The licensed premise has been the location of one or more of the acts enumerated in sub. 8-e-5.
d-4. Any other factor or factors which reasonably relate to the public health, safety and welfare.
e. Committee Report. The committee may make a recommendation immediately following the hearing or at a later date. The committee may recommend that the license be renewed, not renewed, suspended or revoked. In addition, if the committee determines that circumstances warrant it, the committee may recommend that the license be renewed conditioned upon a suspension of the license for a defined period of time. When the committee elects to recommend that a license be renewed with a period of suspension, the license may be suspended for a period of not less than 10 days and no more than 90 days. All suspensions or revocations shall be effective upon service of notice of the nonrenewal, suspension or revocation upon the licensee or person in charge of the premises at the time of service.
f. Council Action. f-1. Within 10 working days after it reaches a decision, the committee shall prepare and serve a report and recommendation on the licensee. The report and recommendations shall include specific findings of fact and conclusions of law made by the committee. The report shall be distributed to each member of the common council.
f-2. If the committee recommends that the license not be renewed, be suspended or be revoked, then within 7 days of the receipt of the report and recommendation of the committee, the licensee or licensee's agent may file written exceptions to the report and recommendations of the committee.
f-3. Any exceptions to the report and recommendation of the committee shall be filed with the city clerk by the licensee or licensee's agent by the close of business on the day that is 3 working days prior to the date on which the matter is to be heard by the common council. Copies of exceptions shall be provided to each member of the common council at least 24 hours before any vote on the question is scheduled before the common council.
f-4. At a meeting of the common council following the receipt of the report and recommendations of the committee, the common council shall consider the report and recommendation. Not less than 5 days prior to the hearing before the common council, the city clerk shall notify the licensee and complainant by certified mail and also notify the city attorney that the common council will convene. Each member of the common council shall be asked to affirm that he or she has read the report and recommendation of the committee. When written exceptions are filed to a committee report and recommendation that the license be suspended, revoked or not renewed, each member of the common council shall be asked to affirm that he or she has read the exceptions. If members of the council have not read the recommendation and report of the committee and any exceptions that have been filed thereto, the chair shall allocate time for the members to do so. The common council shall determine by a majority vote of those in attendance and voting whether to adopt the recommendation of the committee.
13. REQUEST TO SURRENDER A LICENSE. a. If a licensee wishes to surrender his or her license after receiving a notice for a hearing on nonrenewal, suspension or revocation, the licensee shall request, in writing, permission from the licensing committee to do so prior to the commencement of the hearing. The committee may approve the request, or deny the request and proceed with the hearing.
b. In the event a licensee who has surrendered his or her license wishes to have the surrendered license returned, regardless of whether the license was surrendered pursuant to par. a, the licensee shall request, in writing, permission from the licensing committee to do so and appear before the committee at the date, time and place specified in written notice provided to the licensee by the city clerk. The committee may approve the request and return the license without further action by the common council, or make a recommendation to the common council to deny the request based on the same grounds set forth in this section for nonrenewal, suspension or revocation. If the committee makes a recommendation to deny the request for the return of the license, all committee recommendations shall be prepared and common council actions conducted in the same manner set forth in this section for nonrenewal, suspension or revocation.
14. PENALTY. a. Any person who violates any of the provisions of this section shall, upon conviction, be subject to a forfeiture of not more than $1,000 and, in default thereof, shall be imprisoned for a period not to exceed 40 days.
b. Citations may be issued for all violations of this section with or without prior notice. The stipulation, forfeiture and court appearance set forth in s. 50-25 shall apply.
Part 3. 1. In section 81-58-1 of the code, as created by this ordinance, the city clerk shall insert a date for the beginning of the license year which is the first day of the fifth month commencing after the effective date of this ordinance and a date for the end of the license year which is the last day of the fourth month commencing after the effective date of this ordinance.
2. In section 81-58-4 of the code, as created by this ordinance, the city clerk shall insert a date which is the first day of the third month commencing after the effective date of this ordinance.
LRB
APPROVED AS TO FORM
__________________________
Legislative Reference Bureau
Date:______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
__________________________
Office of the City Attorney
Date:______________________
Requestor
Drafter
LRB07128-2
JDO
10/03/2007