Number
120043
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to licensing procedures and regulations of general applicability.
Sections
81-1-4.5 cr
81-9-4 rp
81-51-5 rp
81-104.6-4 rp
81-131-3 rp
84 (title) rc
84-3 rn
84-4 ra
84-5 rn
84-6 rn
85-2.5-0 am
85-2.5-1-i rp
85-2.5-1-L rc
85-2.5-1-n rp
85-2.5-1-p rp
85-2.5-1-q rp
85-29-1-a am
85-29-1-b rp
85-29-1-d rn
85-29-1-e rn
85-29-1-f rn
85-29-1-fg rn
85-29-1-g rn
85-29-1-h rn
85-29-1-j rn
85-29-1-jg rn
85-29-1-jr rn
85-29-1-k rn
85-29-1-k cr
85-29-1-L rn
85-29-1-Lm rn
85-29-1-m rn
85-29-1-n rn
85-29-1-ng rn
85-29-1-nm rn
85-29-1-o rp
85-29-1-p rp
85-29-1-q rp
85-29-1-r rn
85-29-1-s rn
85-29-1-sm rn
85-29-1-t rn
85-29-1-u rn
85-29-1-u cr
85-29-1-um rn
85-29-1-v rn
85-29-1-w rp
Analysis
This ordinance moves certain licensing provisions of general applicability from a chapter that primarily pertains to specific miscellaneous license types (e.g., extended hours establishments and bill-posting businesses) to the chapter of the code that sets forth licensing and permitting procedures that apply to all licenses and permits issued by the city clerk unless specific procedures are provided elsewhere in the code.
This ordinance also creates an additional provision of general applicability, namely, that an application for renewal of a permit or license issued by the city clerk shall be filed on or before a date to be established by the city clerk. Any person who fails to meet an application filing deadline established by the city clerk shall pay a late application fee. In conjunction with creation of this provision, the ordinance repeals a number of late-application fees that were specific to certain license types.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 81-1-4.5 of the code is created to read:
81-1. General Provisions.
4.5. FILING OF RENEWAL APPLICATION. An application for renewal of a permit or license issued by the city clerk shall be filed on or before a date to be established by the city clerk. Any person who fails to meet an application filing deadline established by the city clerk shall pay the late filing fee provided in sub. 5.
Part 2. Sections 81-9-4, 81-51-5, 81-104.6-4 and 81-131-3 of the code are repealed.
Part 3. The title of chapter 84 is repealed and recreated to read:
CHAPTER 84
MISCELLANEOUS LICENSES
Part 4. Section 84-3 of the code is renumbered 85-25.
Part 5. Section 84-4 of the code is renumbered 85-27 and amended to read:
85-27. Revocation of Licenses. The judge of the county court may at his >>or her<< discretion revoke and annul any license issued under this [[chapter]] >>code<< upon the conviction of any >>licensed<< person [[licensed hereunder]] of any crime or of the violation of any city ordinance which in the opinion of [[said]] >>the<< judge should necessitate [[such]] revocation. It shall be the duty of the clerk of the county and municipal courts to notify the city clerk of the revocation of [[such]] >>a<< license. Any license issued under this [[chapter]] >>code<< may be also revoked by the common council in its discretion for any improper conduct of the >>licensed<< person [[so licensed; except that the mayor shall have the power to revoke the licenses of circuses, carnivals, parades, theatrical or operatic performances]] .
Part 6. Sections 84-5 and 84-6 of the code are renumbered 85-29 and 85-2.5.
Part 7. Section 85-2.5-0 of the code is amended to read:
85-2.5. Notice of Hearing >>Upon Council Member Request<< .
Part 8. Section 85-2.5-1-i, n, p and q of the code is repealed.
Part 9. Section 85-2.5-1-L of the code is repealed and recreated to read:
1. CITY CLERK TO NOTIFY.
L. Public entertainment premises.
Part 10. Section 85-29-1-a of the code is amended to read:
85-29. Discrimination by License Holders.
1. DISCRIMINATION PROHIBITED.
a. Amusement machine >>or jukebox<< distributor.
Part 11. Section 85-29-1-b, o, p, q and w of the code is repealed.
Part 12. Section 85-29-1-d, e, f, fg, g, h, j, jg, jr, k, L, Lm, m, n, ng, nm, r, s, sm, t, u, um and v of the code is renumbered 85-29-1-b, c, d, e, f, g, h, i, j, L, m, n, o, p, q, r, s, t, v, w, x, y and z.
Part 13. Section 85-29-1-k and u of the code is created to read:
k. Extended hours establishment.
u. Public entertainment premises.
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
City Clerk - License Division
Drafter
LRB137345-2
Jeffrey D. Osterman
05/18/2012