Number
060762
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance increasing various fees and forfeitures.
Sections
60-1-3 rc
60-5-1 am
60-20-3 am
60-21-2-b am
60-21-2-c am
60-21-2-d am
60-21-7 am
60-21-8 am
60-23-5 am
60-23-6 am
60-27-3 am
60-58-4 cr
60-70-1-a am
60-70-1-b am
60-70-2-a am
60-70-2-b am
60-83.5-6 am
60-83.5-7 am
60-84-3 cr
60-91-7 am
81-1-3 rc
81-1-4 cr
81-1-5 cr
81-17 am
81-19.5 am
81-22-4 am
81-22-5 cr
81-22-6 cr
81-23-3 am
81-23-5 cr
81-23-6 cr
81-24-4 cr
81-26-3 am
81-26-5 cr
81-26-6 cr
81-27-3 am
81-30.5-4 cr
81-30.5-5 cr
81-51-3 rp
81-101.5 am
81-126.5 cr
81-131.5 am
90-5-4-d rp
101-34-3-b am
200-33-14 am
200-33-17 am
200-33-26-b rc
200-33-29-a am
200-33-58-a am
200-33-58-b am
200-33-58-c am
200-33-58-e am
200-33-58-f am
200-33-58-g am
200-33-59-c am
200-33-59-d am
200-33-59-e am
200-33-61.5 am
200-33-65-b am
200-33-65-d am
200-33-65-e am
200-33-65-i am
200-33-65-j am
200-33-65-L am
200-33-65-m am
Analysis
This ordinance increases various fees and forfeitures effective January 1, 2007.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 60-1-3 of the code is repealed and recreated to read:
60-1. General Provisions.
3. REFUND OF FEES BY HEALTH DEPARTMENT. a. If an application for a license or permit issued by the health department is withdrawn, or if such a license or permit is denied or not issued, the following amounts shall be retained by the health department to defray the city's cost of processing the application pursuant to this chapter:
a-1. $25 if the license or permit fee is less than $100.
a-2. $50, if the license or permit fee is more than $100.
b. The refundable portion of the fee shall be refunded by the health department upon receipt of a written request by the applicant, provided such request is made no later than one year after the date of application for the license or permit. No refund shall be made after one year from the date of application.
Part 2. Section 60-5-1 of the code is amended to read:
60-5. Animal Impoundment Fee.
1. The basic fee for the repossession of an impounded animal shall be [[$25]] >>$50<<.
Part 3. Section 60-20-3 of the code is amended to read:
60-20. Filling Station License.
3. There shall be an additional [[$25]] >>$50<< fee for the filing of a late renewal application.
Part 4. Section 60-21-2-b to d of the code is amended to read:
60-21. Food Dealer's License.
b. All other restaurants:
Anticipated Gross Annual Sales for
All Food Operations
Less than $20,000 [[$329]]>>$345<<
$20,001 - $200,000 [[509]] >>534<<
$200,001 - $2,000,000 [[779]] >>818<<
Over $2,000,000 [[1,164]]>>1,222<<
c. Food Stores - Processing:
Anticipated Gross Annual Sales for
All Food Operations
Less than $20,000 [[$229]]>>$240<<
$20,001 - $200,000 [[385]] >>404<<
$200,001 - $2,000,000 [[862]] >>905<<
Over $2,000,000 [[1,372]] >>1,440<<
d. Distributors/Food Stores - No Processing:
Anticipated Gross Annual Sales for
All Food Operations
Less than $20,000 [[$129]]>>$135<<
$20,001 - $200,000 [[190]] >>199<<
$200,001 - $2,000,000 [[352]] >>370<<
Over $2,000,000 [[551]] >>578<<
Part 5. Section 60-21-7 and 8 of the code is amended to read:
7. License renewals shall be filed by July 1. There shall be an additional fee for the filing of a late renewal application in the amount of [[$20]] >>$25<<. If renewal applications are not sent out by June 15, the late penalty shall be assessed 16 days after the applications are sent.
8. The fee for a duplicate license is [[$6]] >>$8<<.
Part 6. Section 60-23-5 and 6 of the code is amended to read:
60-23. Temporary Food Dealer's License.
5. LATE FEE. Any person who does not meet the application deadline in sub. 4 shall pay a late application fee of [[$20]] >>$25<< for each individual food operation, site, location or stand where food is prepared, served or sold at the temporary event.
6. DUPLICATE PERMIT. The fee for a duplicate permit is [[$6]] >>$8<<.
Part 7. Section 60-27-3 of the code is amended to read:
60-27. Food Operations - Preinspections.
3. For new or altered food operations which involve new construction or substantial alterations: [[$160]] >>$176<<.
Part 8. Section 60-58-4 of the code is created to read:
60-58. Massage Establishment License.
4. There shall be an additional fee for the filing of a late renewal application on or after March 1 of the following year in the amount of $50.
Part 9. Section 60-70-1-a and b and 2-a and b of the code is amended to read:
60-70. Inspection Fees for Health Code Violations.
1. PREVIOUSLY DOCUMENTED.
a. If as a result of the routine inspection a violation which had been documented at the time of the previous routine inspection is found, the fee for the routine inspection is [[$74]] >>$78<<.
b. The fee for the first reinspection under this subsection relating to the same order to correct the violation shall be [[$148]] >>$156<<. The fee for each subsequent reinspection shall be the fee for the previous reinspection plus an additional [[$74]] >>$78<<.
2. NOT PREVIOUSLY DOCUMENTED.
a. If as a result of the routine inspection a violation which had not been documented at the time of the previous routine inspection is found, the fee for the first reinspection relating to the order to correct the violation is [[$74]] >>$78<<.
b. The fee for the second reinspection under this subsection relating to the same order to correct the violation shall be [[$148]] >>$156<<. The fee for each subsequent reinspection shall be the fee for the previous reinspection plus an additional [[$74]] >>$78<<.
Part 10. Section 60-83.5-6 and 7 of the code is amended to read:
60-83.5. Tattooing and Body-Piercing Establishments.
6. DUPLICATE LICENSE. The fee for a duplicate copy of any of the licenses listed in this section shall be [[$6]] >>$8<<.
7. LATE FEE. There shall be an additional fee of [[$20]] >>$25<< for the late filing of a renewal application for any of the licenses listed in this section.
Part 11. Section 60-84-3 of the code is created to read:
60-84. Tire Transporters and Generators.
3. There shall be an additional fee for the filing of a late renewal application on or after October 1 of the following year in the amount of $50.
Part 12. Section 60-91-7 of the code is amended to read:
60-91. Weighing and Measuring Device Licenses.
7. VEHICLE SCALES. Each license shall be issued for the calendar year.
a. Public Vehicle Scales. The fee for each public vehicle scale shall be [[$164]] >>$170<<.
b. "Type I" Nonpublic Vehicle Scales. The fee for each "type I" nonpublic vehicle scale shall be [[$121]] >>$125<<.
c. "Type II" Nonpublic Vehicle Scales. The fee for each "type II" nonpublic vehicle scale shall be [[$121]] >>$125<<.
d. Late Fee. There shall be an additional fee of [[$20]] >>$25<< for the filing of a late renewal application after January 1 of each year.
e. Duplicates. The fee for a duplicate license specified in this subsection shall be [[$6]] >>$8<<.
Part 13. Section 81-1-3 of the code is repealed and recreated to read:
81-1. General Provisions.
3. REFUND OF FEES BY CITY CLERK'S OFFICE. a. Except where otherwise provided, if a permit or license application for a permit or license issued through the city clerk's office is withdrawn, or if such a permit or license is denied or not issued, the following amounts shall be retained by the city treasurer to defray the city's cost of application processing pursuant to this chapter:
a-1. $25, if the permit or license fee is less than $100.
a-2. $50, if the permit or license fee is more than $100.
b. The refundable portion of the fee shall be refunded by the city treasurer upon surrender by the applicant of the deposit receipt or affidavit certified by the city clerk, provided that the receipt or affidavit is presented no later than one year after the date of withdrawal or denial of the application, or in the event of nonissuance, no later than one year after the date of application for the license or permit, unless the license or permit has been granted, in which case no later than one year after the date of granting of the license or permit. No refund shall be made after one year from the date of withdrawal or denial of the application, or in the event of nonissuance, one year from the date of application or granting, whichever is applicable. No refund shall be made after the date of issuance for any license or permit which has been issued by the city clerk.
Part 14. Section 81-1-4 and 5 of the code is created to read:
4. DUPLICATE LICENSE OR PERMIT FEE. Except where otherwise provided, the fee for a duplicate copy of any license or permit issued through the city clerk's office shall be $8.
5. LATE FILING FEE. Except where otherwise provided, any person who does not meet any application filing deadline as established by the city clerk for any license or permit issued through the city clerk's office shall pay a late application fee of $25.
Part 15. Section 81-17 of the code is amended to read:
81-17. Carnival Site Permit. The carnival site permit fee shall be [[$35]] >>$50<<.
Part 16. Section 81-19.5 of the code is amended to read:
81-19.5. Checks; Bad Check Charges. The processing charge for each bad check issued to the city of Milwaukee shall be [[$25]] >>$35<<.
Part 17. Section 81-22-4 of the code is amended to read:
81-22. Class "A" Fermented Malt Beverage Retailer's License (Package Store).
4. License renewal applications must be filed before 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 [[$11]] >>$50<<.
Part 18. Section 81-22-5 and 6 of the code is created to read:
5. If both renewal applications for a Class "A" fermented malt beverage retailer's license and a Class "A" retailer's intoxicating liquor license are filed late by an applicant holding both licenses, the late fee shall be $95.
6. The fee for duplicate copies of both a Class "A" fermented malt beverage retailer's license and a Class "A" retailer's intoxicating liquor license for a person holding both licenses shall be $8.
Part 19. Section 81-23-3 of the code is amended to read:
81-23. Class "A" Retailer's Intoxicating Liquor License.
3. License renewal applications must be filed before 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 [[$53]] >>$95<<.
Part 20. Section 81-23-5 and 6 of the code is created to read:
5. If both renewal applications for a Class "A" fermented malt beverage retailer's license and a Class "A" retailer's intoxicating liquor license are filed late by an applicant holding both licenses, the late fee shall be $95.
6. The fee for duplicate copies of both a Class "A" fermented malt beverage retailer's license and a Class "A" retailer's intoxicating liquor license for a person holding both licenses shall be $8.
Part 21. Section 81-24-4 of the code is created to read:
81-24. Class "B" Fermented Malt Beverage Retailer's License.
4. License renewal applications shall 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 $25.
Part 22. Section 81-26-3 of the code is amended to read:
81-26. Class "B" Retailer's Intoxicating Liquor License.
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 [[$53]] >>$95<<.
Part 23. Section 81-26-5 and 6 of the code is created to read:
5. If both renewal applications for a Class "B" retailer's intoxicating liquor license and a Class "B" fermented malt beverage retailer's license are filed late by an applicant holding both licenses, the late fee shall be $95.
6. The fee for duplicate copies of both a Class "B" retailer's intoxicating liquor license and a Class "B" fermented malt beverage retailer's license for a person holding both licenses shall be $8.
Part 24. Section 81-27-3 of the code is amended to read:
81-27. Class "B" Retailer's Service Bar License.
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 [[$53]] >>$95<<.
Part 25. Section 81-30.5-4 and 5 of the code is created to read:
81-30.5. Class "C" Wine Retailer's License.
4. License renewal applications shall 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 $50.
5. The fee for duplicate copies of both a Class "C" wine retailer's license and a Class "B" fermented malt beverage retailer's license for a person holding both licenses shall be $8.
Part 26. Section 81-51-3 of the code is repealed.
Part 27. Section 81-101.5 of the code is amended to read:
81-101.5. Public Passenger Vehicle Permit Change of Agent or Officers. The fee for changing the agent or officers of a corporation holding a public passenger vehicle permit shall be [[$15]] >>$25<<.
Part 28. Section 81-126.5 of the code is created to read:
81-126.5. Temporary Extension of Alcohol Beverage Licensed Premises for Special Events. The fee for a temporary extension of alcohol beverage licensed premises for a special event shall be as follows:
1. $35, if the application is filed at least 30 days prior to the event.
2. $50, if the application is filed less than 30 days prior to the event.
(See s. 90-4-7.8.)
Part 29. Section 81-131.5 of the code is amended to read:
81-131.5. Vehicle Replacement Fee. The fee for each public passenger vehicle transfer shall be [[$35]] >>$50<<.
Part 30. Section 90-5-4-d of the code is repealed.
Part 31. Section 101-34-3-b of the code is amended to read:
101-34. Stipulation Procedure; Nonmoving Traffic Violations.
3. PAYMENT AFTER 10 DAYS.
b. If a stipulation is not entered into within 28 days commencing at 6:00 p.m. on the day the citation is issued, the forfeiture shall be increased by [[$10]]>>$15<<.
Part 32. Section 200-33-14 of the code is amended to read:
200-33. Fees.
14. EXPLOSIVES. The fee for transporting, storing, selling, delivering, using or having in one's possession any explosives shall be [[$100]] >>$115<<, plus any overtime costs necessary. An additional fee of $10 shall be charged for each blast. The permit shall be issued and calculated for a maximum 6 month period. Explosive operations which last longer than 6 months must obtain a new permit.
Part 33. Section 200-33-17 of the code is amended to read:
17. FIRE INSPECTIONS. An annual fee shall be charged, equal to 1.5% of the city portion of the combined gross property tax levy, which is levied upon the inspection property. The minimum fee shall be [[$59]] >>$65<< and the maximum fee shall be [[$351]] >>$390<<. Fire inspection fees shall be charged against the real estate upon which the inspection takes place, shall be a lien upon the real estate and shall be assessed and collected as a special charge.
Part 34. Section 200-33-26-b is repealed and recreated to read:
26. LICENSED DWELLING FACILITIES.
b. Hotels. b-1. The fee for a hotel permit shall be $250 per year. In addition the applicant shall pay the state of Wisconsin administrative fee, the amount of which is on file with the department of neighborhood services.
b-2. For inspection of a new hotel or motel, a preinspection fee shall be charged as follows:
b-2-a. For a hotel or motel with 50 or less rooms: $100.
b-2-b. For a hotel or motel with 50 or more rooms: $200.
Part 35. Section 200-33-29-a of the code is amended to read:
29. MOTOR VEHICLE EXHIBITION.
a. The permit fee for a motor vehicle exhibition shall be computed at $2 per motor vehicle. The minimum fee shall be [[$50]] >>$55<<.
Part 36. Section 200-33-58-a to c, and e to g of the code is amended to read:
58. TANKS, LIQUID STORAGE.
a. The permit fee for the installation of tanks for the storage of any liquids regulated by this code, above or underground or in buildings or structures, shall be computed at [[$25]] >>$30<< for each 1,000 gallons or fraction thereof of tank capacity.
b. The minimum fee shall be [[$75]] >>$80<< per tank.
c. The maximum fee shall be [[$230]] >>$240<<.
e. The permit fee for the removal or abandonment of tanks used for the storage of any liquids regulated by this code, whether above ground, underground or in buildings or structures, shall be $10 per 1,000 gallons of maximum tank capacity, with a minimum fee of [[$100]] >>$110<<. The permit fee for the removal or abandonment of underground home heating oil tanks in one- or 2-family dwellings shall be [[$55]] >>$60<<. These fees cover the first inspection and one reinspection. A fee equal to one-half the original permit fee may be assessed for each subsequent reinspection. The maximum fee shall be [[$280]] >>$290<<.
f. The permit fee for upgrading a tank or system shall be $15 per $1,000 of construction costs. The minimum permit fee shall be [[$70]] >>$75<<.
g. The permit fee for the installation of a stage II vapor recovery system shall be [[$150]] >>$160<<.
Part 37. Section 200-33-59-c to e of the code is amended to read:
59. TANKS, NATURAL GAS.
c. Minimum fee: [[$75]] >>$80<<.
d. Maximum fee: [[$230]] >>$240<<.
e. The permit fee for tanks used for temporary heat (less than 90 days) shall be [[$25]] >>$30<<.
Part 38. Section 200-33-61.5 of the code is amended to read:
61.5. TITLE SEARCH. a. The fee for a written report on pending special charges and information on pending work orders in the department shall be [[$30]] >>$35<< per address.
Part 39. Section 200-33-65-b, d, e, i, j, l and m of the code is amended to read:
200-33. Fees.
65. ZONING, BOARD OF APPEALS.
b. Dimensional variances: [[$100]]>>$300<< per variance requested.
d. Special uses (per special use requested) based on lot area:
d-1. 0-10,000 square feet: [[$200]]>>$250<<.
d-2. 10,001-20,000 square feet: [[$300]]>>$350<<.
d-3. Over 20,000 square feet: [[$400]]>>$450<<.
e. Name changes: [[$150]]>>$250<<.
i. Application for an extension of time to comply with conditions imposed in a previous decision of the board: [[$150]]>>$250<<.
j. Appeal on order of the department: [[$150]]>>$250<<.
l. Request for a rehearing: [[$150]]>>$250<< plus all applicable fees.
m. All other requests: [[$150]]>>$250<<.
Part 40. This ordinance takes effect January 1, 2007.
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
LRB06444-3
TWM:mbh
10/18/2006