Number
120842
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to the residency requirement for applicants for amusement machine or jukebox distributor licenses.
Sections
107-13-3-a-3-f rp
107-13-3-d rc
Analysis
Currently, the code requires a noncorporate applicant for an amusement machine or jukebox distributor license to state, on the license application, whether the applicant has resided in Wisconsin for at least one year prior to the date of filing the application. Similarly, for a corporate applicant, the code requires that the application state whether the agent has resided in Milwaukee county for at least one year and whether the officers and directors of the corporation have resided in Wisconsin for at least one year. Use of the term "whether" implies that both resident and non-resident status are acceptable for license applicants and agents; it does not explicitly require that an applicant or agent be a resident of Wisconsin or Milwaukee county.
This ordinance clarifies that a noncorporate applicant for an amusement machine or jukebox distributor license shall be a resident of Wisconsin for at least one year prior to the date of filing the new or renewal license application. In the case of an applicant for a corporate amusement machine or distributor license, the agent for the applicant shall be a resident of Wisconsin for at least one year prior to the date of filing the new or renewal license application.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 107-13-3-a-3-f of the code is repealed.
(Note: The provision being repealed reads as follows:
107-13. Amusement Machine or Jukebox Distributor License.
3. APPLICATION PROCEDURE.
a. Application.
a-3. The application shall state:
a-3-f. If the application is for a noncorporate amusement machine or jukebox distributor license, whether the applicant has resided in this state for at least one year prior to the date of filing the application. If the license applicant is a corporation, whether the agent has resided in Milwaukee county for at least one year prior to the date of filing the application, and whether the officers and directors of the corporate applicant have resided in this state for at least one year prior to the date of filing the application.)
Part 2. Section 107-13-3-d of the code is repealed and recreated to read:
d. Qualifications. d-1. An amusement machine or jukebox distributor license may be denied to any applicant who is not of good professional character or who has been convicted of a felony, misdemeanor or other offense, the circumstances of which substantially relate to the circumstances of being a distributor. In this paragraph, "applicant" includes any individual or partner, or any officer, director or agent of any corporate applicant.
d-2. A noncorporate applicant for an amusement machine or jukebox distributor license shall be a resident of Wisconsin for at least one year prior to the date of filing the new or renewal license application. In the case of an applicant for a corporate amusement machine or distributor license, the agent for the applicant shall be a resident of Wisconsin for at least one year prior to the date of filing the new or renewal license application.
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
LRB143384-2
JDO
10/19/2012