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File #: 101291    Version:
Type: Ordinance Status: Passed
File created: 2/8/2011 In control: LICENSES COMMITTEE
On agenda: Final action: 3/1/2011
Effective date: 3/18/2011    
Title: A substitute ordinance relating to reporting findings of fact for denied food dealer licenses.
Sponsors: ALD. BOHL
Indexes: FOOD DEALERS, LICENSES
Attachments: 1. Hearing Notice List, 2. Notice Published on 3-17-11
Number
101291
 
Version
substitute 1
 
Reference
 
Sponsor
ALD. BOHL  
 
Title
A substitute ordinance relating to reporting findings of fact for denied food dealer licenses.
 
Sections
68-4-10-c  am
 
Analysis
This ordinance eliminates the requirement to include findings of fact in the licensing committee's written report of recommendations when the committee denies a food dealer license application. There can be no findings of fact when a food dealer license is denied, because, without a license, there can be no food dealer operations upon which to make any findings of fact.
 
Body
 
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
 
Part 1. Section 68-4-10-c of the code is amended to read:
68-4. Food Dealer License.
10. PROCEDURE FOR DENIAL OR NONRENEWAL OF LICENSE.
c. At the conclusion of the hearing, the committee shall make a recommendation to the common council concerning issuance of a new or renewal license. The committee shall provide a written report of its [[findings and]] recommendations to the city attorney, the commissioner, the licensee or applicant and each member of the common council.>> The written report shall also include the committee's findings of fact and conclusions of law when the committee recommends nonrenewal or suspension of a license.<<
 
 
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
License Division
 
Drafter
LRB #121863-1
Aaron Cadle
02/08/11