NUMB:
921518
VERS:
SUBSTITUTE 1
REF:
XXBY:
ALD. BUTLER, RICHARDS AND JOHNSON
TITL:
A substitute ordinance relating to firearms dealer licenses and firearms safety.
SECS:
81-52.6 cr
84-5-1-km cr
92-2-6-b am
105-43.2 rp
105-44 cr
105-45 cr
ANLS:
_________________________________________________________
- Analysis -
This ordinance creates licensing regulations for firearms dealers in order to protect residential, business, commercial and manufacturing areas from harmful encroachment by the incompatible location and operation of firearms dealers.
This ordinance:
1. Establishes a city firearms dealer license required of any person "
... engaged in the business of importing,
manufacturing, buying, selling or transferring firearms
or ammunition on a regular or continuing basis."
2. Requires all applicants for a city firearms dealer
license to be licensed as a federal firearms dealer at
the time of application and to maintain a federal
firearms dealer license at all times while licensed as a
city firearms dealer.
3. Requires dealers who purchase, sell or exchange
secondhand firearms to obtain a city secondhand dealer's
license.
4. Establishes a $______ fee for each license, issued
for one year effective from the date granted; requires
renewals to be filed by the first day of the month
preceding the month in which the license expires;
establishes an additional fee of $______ for late
renewals.
5. Adds firearms dealers to the list of city license
holders prohibited from committing specific acts of
discrimination.
6. Requires a separate license for each firearms dealer
location.
7. Requires the license fee to be paid to the city
treasurer prior to filing an application with the city
clerk; applications are to be referred to the
commissioner of building inspection and the police
department for investigation; requires fingerprinting of
applicants.
8. Requires corporate applicants to appoint an agent,
who has resided in Milwaukee County at least one year
prior to the date of filing an application (exception for
locations in operation prior to June 1, 1993).
9. Establishes a restriction on location near
elementary and secondary schools and churches, and other
firearms dealers (exception for locations operating prior
to June 1, 1993).
10. Establishes procedures for approval of license
applications, renewals, nonrenewals, suspensions and
revocations by the common council and issuance of
licenses by the city clerk.
11. Establishes conditions of operation: prohibits
operation between 9 p.m. and 8 a.m.; requires a
functioning video surveillance system on each premise and
a minimum of one armed, uniformed security guard on each
premise during all hours of operation.
12. Requires dealers to contact the Wisconsin department
of justice firearms background information hotline to
determine if a person seeking to purchase a firearm is
eligible to possess a firearm under Wisconsin Statutes.
13. Establishes a 7-day waiting period for transfer or
purchase of all firearms. The code currently requires a
7-day waiting period only for transfer or purchase of
handguns.
14. Requires dealers to warn firearms purchasers that it
is unlawful to store or leave a firearm in any place
within the reach or easy access of persons under 18 years
old.
15. Requires a person who owns a firearm to keep the
firearm in a securely locked box or secure it with a
trigger guard lock if the person "knows or reasonably
should know" that a child under the age of 18 years is
likely to gain access to the firearm.
16. Prohibits any person, including a dealer, from
possessing, selling or transferring armor-piercing or
exploding ammunition.
17. Establishes a penalty of not less than $1,000 nor
more than $5,000 for violations of any of the provisions
of the firearms dealer license section.
18. Establishes a penalty of not less than $500 nor more
than $1,000 for violations of any of the provisions of
the firearms storage section.
_________________________________________________________
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 81-52.6 of the code is created to read:
81-52.6. Firearms Dealer License. 1. The fee for each firearms dealer license shall be $______.
2. Each license shall be issued for one year effective
from the date the license is granted. No license may be transferred to another person or location.
3. License renewal applications must be filed by the first day of the month preceding the month in which the license expires. There shall be an additional fee for the filing of a late renewal application in the amount of $______. (See s. 105-44.)
Part 2. Section 84-5-1-km of the code is created to read:
84-5. Discrimination by License Holders.
1. DISCRIMINATION PROHIBITED.
km. Firearms dealer.
Part 3. Section 92-2-6-b of the code is amended to read:
92-2. Secondhand Dealer's License.
6. REGULATIONS FOR PURCHASES AND EXCHANGES ON THE SECONDHAND DEALER'S PREMISES.
b. Any article purchased by a secondhand dealer on the dealer's premises shall be kept on the dealer's premises in the form that it was received for not less than 10 days from the date of purchase, >>except for a firearm,<< during which time the article shall be held separate and apart from any other transaction and shall not be changed or altered in any manner. >>Any purchased secondhand firearm shall be kept on the dealer's premises in the form it was received for not less than 15 days from the date of provision of information to the police department on the purchase of any firearm as provided in par. c.<< The secondhand dealer shall permit the chief of police or any other police officer to inspect [[-the]] >>any<< article during the [[-10 day]] >>specified<< period. The chief of police or any other officer designated by the chief may cause any article which has been sold or exchanged, which the chief or designee has reason to believe was not sold or exchanged by the lawful owner, to be held for the purpose of identification for such reasonable additional length of time as the chief of police or the designee deems necessary.
Part 4. Section 105-43.2 of the code is repealed.
(Note: The provisions being repealed read as follows:
105-43.2. Waiting Period Required for Transfer of Handguns. No dangerous weapon dealer shall transfer possession of any handgun to any person other than a dealer for 7 days following the application for sale or transfer of such handgun.)
Part 5. Section 105-44 of the code is created to read:
105-44. Firearms Dealer License. 1. PURPOSE. This section is intended to protect residential, business, commercial and manufacturing areas from harmful encroachment by the incompatible location and operation of firearms dealers.
2. DEFINITIONS. In this section:
a. "Airgun" means a weapon which expels a missile by the expansion of compressed air or other gas.
b. "Ammunition" means ammunition or cartridge cases, primers, bullets or propellent powder designed for use in any firearm.
c. "Antique Firearm" means any firearm, including any firearm with a matchlock, flintlock, percussion cap or similar type of ignition system manufactured in or before 1898; or any replica of such a firearm if such replica is not designed or redesigned, for using rimfire or conventional ammunition, or uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
d. "Armor-piercing Bullet" means any bullet which has a steel inner core or core of equivalent hardness and a truncated cone and which is designed for use in a handgun as an armor-piercing or metal-piercing bullet or otherwise designed to penetrate personal body armor.
e. "Exploding Bullet" means any bullet that can be fired from any firearm, if such is designed or altered so as to detonate or forcibly break up through the use of an explosive or deflagrant contained wholly or partially within or attached to such bullet. The term does not include any bullet designed to expand or break up through the mechanical forces of impact alone or any signaling device or pest control device not designed to impact on any target.
f. "Firearm" means a handgun, rifle or shotgun which acts by force of gunpowder or explosive to expel a projectile through a smooth or rifled bore, excluding airguns, ammunition, antique firearms, or any device which is neither designed nor redesigned for use as a weapon including signaling, pyrotechnic, line throwing, safety or fastening devices.
g. "Firearms Dealer" means a person engaged in the business of importing, manufacturing, buying, selling or transferring firearms or ammunition, on a regular or continuing basis.
h. "Handgun" means any weapon, designed or redesigned, made or remade, and intended to be fired while held in one hand and to use the energy of an explosive or gunpowder to expel a projectile through a smooth or rifled bore.
i. "Person" means an individual, corporation, partnership or association.
j. "Shotgun" means a weapon designed or redesigned, made or remade to use the energy of a propellant in a fixed shotgun shell to fire through a smooth or rifled bore either a number of ball shot or a single projectile for each single pull of the trigger.
3. LICENSE REQUIRED. a. No person may act as a firearms dealer unless licensed as a firearms dealer by
the United States department of treasury and having also secured a city firearms dealer license.
b. Any person acting as a firearms dealer shall secure and maintain both federal and city firearms dealer licenses at all times while buying, selling, or transferring any firearm or ammunition in the city of Milwaukee.
c. Any person who is engaged in the purchase or sale of secondhand firearms, as defined in s. 92-2-1-c, shall also secure a city secondhand dealer's license and maintain it at all times while engaged in the purchase, sale or exchange of secondhand firearms.
4. APPLICATION. a. Filing. Application for new licenses or renewal of existing licenses shall be filed with the city clerk on forms provided by the city clerk. A separate license shall be required for each firearms dealer location.
b. Payment of Fee. Before filing an application with the city clerk, each applicant shall deposit with the city treasurer the full amount of the fee required in s. 81-52.6.
c. Investigation. Applications shall be referred to the department of building inspection and to the police department.
d. Fingerprinting. All applicants for a firearms dealer license shall be fingerprinted. If the applicant is a corporation, the agent, president, and secretary shall be fingerprinted, and if a partnership, each partner shall be fingerprinted. If a set of fingerprints is on file with the police department, an additional set shall not be required unless expressly requested by the department for purposes of verification.
e. Corporations. No corporation may be issued a license to operate as a firearms dealer unless the corporation has appointed an agent and vested in the agent by properly authorized and executed written delegation full authority and control of the premises described in the application of the corporation and of the conduct of all business therein as the licensee itself could in any way have and exercise if it were a natural person resident in this state.
f. Professional Character. A firearms dealer license may be denied to any applicant who is not of good professional character or who has been convicted of any felony, misdemeanor or other offense, the circumstances of which substantially relate to the circumstances of being a firearms dealer. In this paragraph, "applicant" includes an individual or partner, and any officer, director or agent of any corporate applicant.
g. Residency. No firearms dealer license may be granted to an individual, partnership or a corporate applicant, unless the individual applicant, each of the partners, or the corporate agent is a resident of this state, and has resided in Milwaukee county for at least one year prior to the date of the filing of the application. This paragraph shall not apply to any firearms dealer applicant who has operated as a firearms
dealer at a specific location prior to June 1, 1993, and who is applying for a firearms dealer license to continue business at the same location.
h. Location. No firearms dealer license may be granted to an applicant for a location within 2,500 feet of another firearms dealer, or within 2,500 feet of any elementary or secondary school or church. The distance shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises in which the firearms dealer is located to the nearest property line of the other firearms dealer premises, or elementary or secondary school or church. This paragraph does not apply to any firearms dealer in operation at a specific location prior to June 1, 1993.
5. COMMITTEE ACTION. a. Notice. a-1. The license committee of the common council shall hold a hearing on whether or not to issue each new license. If there is a possibility of denial, no hearing shall be heard 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.
a-2. The notice shall contain:
a-2-a. The date, time and place of the hearing.
a-2-b. A statement to the effect that the possibility of denial of the license application exists and the reasons for possible denial.
a-2-c. 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.
a-2-d. 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.
a-3. If it appears for the first time at the hearing that there will be objections, the matter will be laid over until the next meeting, prior to which proper notice will be given.
b. Hearing. b-1. 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 counsel, with all testimony both direct and cross-examination under oath, or that the applicant may simply make a statement to the committee.
b-2. A due process hearing shall be conducted in the following manner:
b-2-a. All witnesses shall be sworn in.
b-2-b. The chair shall ask those opposed to the granting of the license to proceed first.
b-2-c. The applicant shall be permitted an opportunity to cross-examine.
b-2-d. After the conclusion of the opponent's testimony, the applicant shall be permitted to present the applicant's own witnesses, subject to cross-examination.
b-2-e. Committee members may ask questions of witnesses.
b-2-f. Both proponents and opponents shall be permitted a brief summary statement.
c. Recommendations. c-1. The recommendations of the committee regarding the applicant shall be based on evidence presented at the hearing. Probative evidence concerning whether or not the license should be granted may be presented on the following subjects:
c-1-a. Whether or not the applicant meets the statutory and municipal requirements.
c-1-b. The appropriateness of the location and premises to be licensed.
c-1-c. Whether the location will create undesirable neighborhood problems.
c-1-d. Whether there is an overconcentration of licensed establishments in the neighborhood.
c-1-e. Whether or not 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.
c-1-f. Any other factors which reasonably relate to the public health, safety and welfare.
c-2. 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 full common council for vote at the next meeting at which the matter will be considered.
6. DISQUALIFICATION. a. Whenever an applicant for a new license has had the application denied for a reason relating to the fitness of the location of the premises to be licensed, no other application for a firearms dealer license for the location may be recommended for approval by the licenses committee within one year 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 firearms dealers in the area.
a-2. A change in zoning applicable to the subject property.
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. 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.
7. ISSUANCE OF LICENSE BY CITY CLERK. Whenever a license for a firearms dealer has been granted by the common council, and the applicant has produced and filed with the city clerk a receipt showing payment of the sum required for the license to the city treasurer, the city clerk shall prepare and deliver to the applicant a license in accordance with this section. The license shall specifically state the premises to be licensed. It shall bear the signature of the city clerk and the corporate seal of the city.
8. REPORT OF CHANGES REQUIRED. Whenever any thing occurs to change any fact set forth in the application, the licensee shall file a written notice of the change with the city clerk within 10 days.
9. CONDITIONS OF OPERATION. a. Hours. No premises for which a firearms dealer license has been issued may remain open for operation between the hours of 9 p.m. and 8 a.m.
b. Security. Each premises for which a firearms dealer license has been issued shall be equipped with a functioning video surveillance system and shall maintain a minimum of one armed, uniformed security guard on the premises during all hours of operation.
10. FIREARMS BACKGROUND INFORMATION; Every firearms dealer shall, prior to the transfer of a firearm to a person other than a dealer, contact the Wisconsin department of justice firearms background information hotline, established under s. 165.825, Wis. Stats., and determine if the person seeking to purchase a firearm is eligible to possess a firearm under s. 941.29, Wis. Stats.
11. WAITING PERIOD. No firearms dealer shall transfer possession of any firearm to any person other than a dealer for 7 days following application for sale or transfer of such firearm.
12. RECORDS. a. Every firearms dealer shall record the sale of firearms on forms prescribed by the federal department of the treasury. Such record shall be maintained by the dealer for a period of 10 years following sale of the firearm and shall be made available
to the police department or its authorized representative for inspection upon request. This subsection shall not apply to any firearms dealer when engaged in buying or selling firearms in any wholesale transaction, provided, however the dealer shall make available to the police department or its authorized representative all such records of the dealer maintained for federal purposes.
b. Any firearms dealer who is also licensed as a secondhand dealer shall, upon purchase of secondhand firearms, record the information relating to the purchase as required in s. 92-2-6.
13. WARNING REQUIRED TO PERSONS ACQUIRING FIREARMS ON STORAGE OF FIREARMS. a. Every firearms dealer who maintains a store or shop for firearms transactions shall conspicuously post at each purchase counter the following warning in block letters not less than one inch in height:
IT IS UNLAWFUL TO STORE OR LEAVE AN UNLOCKED FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF PERSONS UNDER 18 YEARS OLD.
b. Every firearms dealer upon the retail sale or retail transfer of any firearm shall deliver a written warning to the purchaser or transferee, which warning states, in block letters not less than one-fourth inch in height:
IT IS UNLAWFUL AND PUNISHABLE BY FINE FOR ANY ADULT TO STORE OR LEAVE AN UNLOCKED FIREARM WITHIN THE REACH OR EASY ACCESS OF A PERSON UNDER 18 YEARS OLD.
14. POSSESSION OR SALE OF ARMOR PIERCING OR EXPLOSIVE AMMUNITION. a. No person, including a firearms dealer, shall manufacture, possess, sell, purchase or otherwise transfer any ammunition which is designed for use in handguns as armor-piercing bullets.
b. No person, including a firearms dealer, shall manufacture, possess, sell, purchase or otherwise transfer any ammunition which is designed for use in firearms as exploding bullets.
c. The provisions of this subsection shall not apply to any officer, agent or employe of this or any other state or the United States, the organized militia of this or any other state, or law enforcement officers as defined in s. 165.85(2), Wis. Stats., while acting within the scope of his or her official duties; or to a person who manufactures for sale or sells armor-piercing or exploding ammunition to any person or agency listed in this paragraph.
15. EXHIBIT OF FIREARMS PROHIBITED. No firearms dealer may display any firearm in any outer window of the premises or in any other place where it can readily be seen from the outside.
16. RENEWAL. Application for the renewal of a firearms dealer license shall be made to the city clerk on forms provided by the city clerk. The city clerk shall forward the application for license renewal to the license committee for its recommendation to the common council, after receiving a report from the police
department which indicates that the applicant still meets all of the licensing qualifications.
17. PROCEDURE FOR NONRENEWAL. a. Notice. a-1. The license committee shall be responsible for holding hearings regarding the nonrenewal of licenses. If there is a possibility that the committee will not renew a license, a motion should be entertained to hold the application in committee and instruct the city clerk to forward proper notice to the applicant, unless such proper notice has already been sent, in which case the hearing shall proceed.
a-2. Prior to the date set for the hearing, the city clerk's office shall forward notice to the applicant which shall contain:
a-2-a. The date, time and place of the hearing.
a-2-b. A statement that the possibility of nonrenewal exists.
a-2-c. A statement of the reasons for nonrenewal.
a-2-d. A statement that an opportunity will be given to respond to and challenge the reasons for nonrenewal and to present witnesses under oath and to confront and cross-examine opposing witnesses under oath.
a-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.
b. Hearing. b-1. At the committee hearing, the chair shall open the hearing by stating that a notice was sent, and shall read the notice into the record unless the applicant admits notice. The chair shall advise the applicant that he or she has an option to proceed with a hearing, represented by counsel, with all testimony under oath, or he or she can make a statement.
b-2. If the applicant selects a hearing:
b-2-a. The chair shall order all witnesses sworn in.
b-2-b. The chair shall then ask those opposed to the renewal of the license to present their case in opposition to renewal.
b-2-c. The applicant shall then be permitted an opportunity to cross-examine witnesses in opposition to the renewal.
b-2-d. After the conclusion of the opponent's case, the applicant shall be permitted to present witnesses, testimony and exhibits subject to cross-examination.
b-2-e. Committee members may ask questions of witnesses.
b-2-f. Both sides shall be permitted a brief summary statement.
b-2-g. Stenographic records of all committee hearings shall be made.
c. Recommendation. c-1. The recommendation of the
committee regarding the applicant shall be based on evidence presented at the hearing. Probative evidence concerning nonrenewal may include evidence of:
c-1-a. Failure of the applicant to meet the federal, statutory and municipal license qualifications.
c-1-b. Pending charges against or the conviction of any felony, misdemeanor, municipal offense of other offense, the circumstances of which substantially relate to the circumstances of the particular licensed activity, on behalf of the licensee, his or her employes, or patrons.
c-1-c. The appropriateness of the firearms dealer location and premises.
c-1-d. Neighborhood problems due to management or location.
c-1-e. Any other factor which reasonably relates to the public health, safety and welfare.
c-2. The committee may make a recommendation immediately following the hearing or at a later date. Following the hearing, the committee shall submit a report to the common council, including findings of fact, conclusions of law and a recommendation as to what action, if any, the council should take. The committee shall provide the complainant and applicant with a copy of the report. The applicant may file a written objection to the report and shall have the opportunity to present arguments in writing supporting the objection to the common council. The objections must be filed with the city clerk at least 2 days prior to the date set for hearing by the full common council.
d. Council Action. d-1. The applicant shall be given 5 days' notice of the date set for hearing by the full common council.
d-2. At the meeting of the full common council, the chair may allow oral argument by an applicant who has presented written objections to the recommendations of the licenses committee. The city attorney shall also be permitted a statement. Oral arguments shall not exceed 5 minutes on behalf of each party.
d-3. Prior to voting on whether or not to renew the license at hand, all members of the common council who are present shall signify that they have read the recommendation and report of the licenses committee and any objections that have been filed thereto. If they have not, the chair shall allocate time for the members to do so. If they have read the report and recommendation, then a roll call vote shall be taken as to whether or not the recommendation of the committee shall be accepted. The applicant shall be provided with written notice of the results of the vote taken by the full common council.
18. DISQUALIFICATION FOR LICENSE. a. Whenever any licensee is denied renewal, it shall be so entered on the record by the city clerk and no other firearms dealer license shall be so granted to such person for that location within 12 months of the date of nonrenewal.
b. If the license renewal was denied for a reason
relating to the fitness of the location, no other firearms dealer license shall be granted within 12 months from the date of the nonrenewal to any other applicant at that location.
c. When any license is surrendered in lieu of pending nonrenewal proceedings, no other firearms dealer license shall be granted to such person within 12 months of the date of its surrender.
19. REVOCATION OR SUSPENSION. a. Causes. Any firearms dealer license may be suspended or revoked for cause by the common council after notice to the licensee and a hearing. Such licenses shall be suspended or revoked for any of the following causes:
a-1. The making of any material false statement in any application for a license.
a-2. The conviction of the licensee, an agent, manager, operator, or any other employe for any felony related to the licensed operation.
a-3. The licensed premises is operated in such a manner that it constitutes a public or private nuisance or that conduct on the licensed premises has had a substantial adverse effect upon the health, safety or convenience and prosperity of the immediate neighborhood.
a-4. For any other reasonable cause which shall be in the best interests and good order of the city.
b. Commencement of Proceeding. Suspension or revocation proceedings may be instituted by the licenses committee of the common council upon its own motion, or upon sworn written charges made and filed with the city clerk by the chief of police or upon a sworn written complaint filed with the city clerk by any city resident.
c. Procedures for Revocation or Suspension. c-1. Whenever a complaint is filed with the city clerk setting forth specific charges, by statute or ordinance, that are grounds for revocation or suspension of a license, the city clerk shall issue a summons, as authorized by Wisconsin statutes, demanding that the licensee appear before the licenses committee, not less than 3 days nor more than 10 days from the date of issuance, to show cause why the license should not be revoked or suspended.
c-2. A police officer shall serve the summons upon a licensee in accordance with Wisconsin statutes, and shall also serve a copy of the complaint with a copy of this subsection upon the licensee.
d. Committee Hearing. d-1. Upon receipt of evidence that the summons has been served, the licenses committee shall convene at the date and time designated in the summons for the purpose of taking evidence and making findings of fact and conclusions of law and a recommendation to the full common council in connection with the proposed revocation or suspension.
d-2. If the licensee appears before the committee at the time designated in the summons and denies the charges contained in the complaint, an evidentiary hearing in connection with the revocation or suspension 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 city attorney and the licensee in connection with the revocation or suspension.
d-3. At any evidentiary hearing required by this subsection, the city attorney shall first present evidence in support of the complaint. After the city attorney rests, the licensee shall present evidence in opposition to the complaint. Each may subpoena witnesses. All witnesses shall testify under oath and shall be subject to cross-examination under oath. At the close of the testimony, each shall be given a reasonable time to make arguments upon the evidence adduced at the hearing.
d-4. The chair of the license committee shall be the presiding officer. The chair shall direct that oaths be administered and subpoenas issued upon request of either side. The chair shall ensure that an orderly hearing is conducted in accordance with the requirements of this subsection. 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.
d-5. 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.
d-6. 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.
e. Committee Report. e-1. Within 10 working days after it reaches a decision, the committee shall prepare and serve a report and recommendation on the licensee and transmit a copy thereof to the city attorney. 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.
e-2. If the committee recommends that the license be revoked or suspended, then within 7 days of the receipt of the report and recommendation of the committee, the licensee shall file written exceptions, if any, to the report and recommendations of the committee.
e-3. Any exceptions filed by the licensee to the report and recommendations of the committee shall be provided to each member of the common council at least 24 hours before any vote on the question is scheduled before the full common council.
f. Council Action. f-1. 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 by certified mail and also notify the city attorney that the common council will convene. If written exceptions are filed, the hearing shall be at the time set for such proceedings by the council agenda. 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 or revoked, 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, the chair shall allocate time for the members to do so. Oral argument in support of the report and recommendation presented by the city attorney and oral argument on behalf of the licensee in opposition to the report and recommendation shall be permitted only at the discretion of the chair. If such argument is permitted by the chair, each side shall be limited to 5 minutes and the arguments shall be limited to the subject matter of the report and recommendation and the written exceptions.
f-2. The common council shall determine by a majority vote of those in attendance and voting whether to adopt the recommendation of the committee. Such vote shall be a roll call vote. If the common council finds the complaint to be true, or if there is no objection to a report recommending suspension or revocation with the committee's report and recommendation and in accordance with Wisconsin statutes, the city clerk shall give notice of each suspension or revocation to the person whose license is suspended or revoked.
g. Effective Date of Suspension or Revocation. All suspensions and revocations shall be effective upon service of notice of the suspension or revocation upon the licensee or person in charge of the licensed premises at the time of service.
20. REQUEST TO SURRENDER A LICENSE. If a licensee wishes to surrender his or her license after receiving a notice for a hearing on revocation or suspension, the licensee must request, in writing, permission from the license committee of the common council to do so prior to the commencement of the hearing. The committee may approve the request, or deny the request and proceed with the suspension or revocation hearing.
21. DISQUALIFICATION FOR LICENSE. a. Whenever any license is revoked it shall be so entered of record by the city clerk and no other firearms dealer license may be granted to such person within 12 months of the date of its revocation nor shall any part of the money paid for any license so revoked be refunded.
b. When any license is surrendered in lieu of pending revocation or suspension proceedings, no other firearms dealer license shall be granted to such person within 12 months of the date of its surrender nor shall any part of the money paid for any license that has been surrendered be refunded.
c. No other firearms dealer license may be granted within 30 days from the date of the revocation of such license to any other person to operate as a firearms
dealer on the premises operated by the licensee whose license has been so revoked.
22. PENALTY. Any person violating the provisions of this section shall, upon conviction thereof, forfeit not less than $1,000 nor more than $5,000, and the costs and disbursements of the prosecution, and in default thereof, shall be imprisoned in the county jail or house of correction for a period not to exceed 90 days.
Part 6. Section 105-45 of the code is created to read:
105-45. Storage of Firearms. 1. STORAGE. A person who stores or leaves on a premise under his or her control a firearm and who knows or reasonably should know that a person under the age of 18 years is likely to gain access to the firearm shall keep the firearm in a securely locked box or container or shall secure it with a trigger guard lock.
2. PENALTY. Any person violating the provisions of this section shall, upon conviction thereof, forfeit not less than $500 nor more than $1,000, and the costs and disbursements of the prosecution, and in default thereof, shall be imprisoned in the county jail or house of correction for not less than 8 days nor more than 20 days, until such forfeiture costs are paid.
LRB:
APPROVED AS TO FORM
Legislative Reference Bureau
Date:
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
Office of the City Attorney
Date:
ZDPT:
DFTR:
LRB92379-2
MCW:bsr
3/24/93perated by the licensee whose
license has been so revoked.
22. PENALTY. Any person violating the provisions of
this section shall, upon conviction thereof, forfeit not
less than $1,000 nor more than $5,000, and the costs and
disbursements of the prosecution, and in default thereof,
shall be imprisoned in the county jail or house of
correction for a period not to exceed 90 days.
Part 6. Section 105-45 of the code is created to read:
105-45. Storage of Firearms. 1. STORAGE. A person who
stores or leaves on a premise under his or her control a
firearm and who knows or reasonably should know that a
person under the age of 18 years is likely to gain access
to the firearm shall keep the firearm in a securely
locked box or container or shall secure it with a trigger
guard lock.
2. PENALTY. Any person violating the provisions of
this section shall, upon conviction thereof, forfeit not
less than $500 nor more than $1,000, and the costs and
disbursements of the prosecution, and in default thereof,
shall be imprisoned in the county jail or house of
correction for not less than 8 days nor more than 20
days, until such forfeiture costs are paid.
LRB:
APPROVED AS TO FORM
Legislative Reference Bureau
Date:
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
Office of the City Attorney
Date:
ZDPT:
DFTR:
LRB92379-2
MCW:bsr
3/24/93