Number
130794
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
An ordinance relating to insufficient funds and nonpayment of license or permit fees.
Sections
60-1-4 cr
68-4-8 rp
74-1-5-b rp
74-1-5-c rn
81-1-8 cr
90-5-4-e am
Analysis
This ordinance transfers from code regulation sections to fee chapters code provisions relating to insufficient funds and nonpayment of license or permit fees for licenses or permits issued by the city clerk's office.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 60-1-4 of the code is created to read:
60-1. General Provisions.
4. INSUFFICIENCY OF FUNDS; NONPAYMENT OF FEES. a. Except where otherwise provided, if payment for a license or permit fee issued through the city clerk's office is made by check or other draft drawn upon an account containing insufficient funds, the applicant shall, within 15 days from the date of the letter from the city clerk of the insufficiency, pay by cashier's check or other certified draft, money order or cash, the fees, late fees and processing charges as specified by city code. Nonpayment of all applicable fees, late fees and processing charges within 15 days after the applicant received notice of the insufficiency shall deem the license or permit null and void. The establishment shall close until a new application is made, a new license obtained, and the applicable fees are paid.
b. Any individual or corporation that owes the city for unpaid fines, late fees, or license or permit fees relating to a current or previous food operation shall pay all such outstanding fees before any license or permit is issued.
Part 2. Section 68-4-8 of the code is repealed.
Part 3. Section 74-1-5-b of the code is repealed.
Part 4. Section 74-1-5-c of the code renumbered to 74-1-5-b.
Part 5. Section 81-1-8 of the code is created to read:
81-1. General Provisions.
8. INSUFFICIENCY OF FUNDS; NONPAYMENT OF FEES. a. Except where otherwise provided, if payment for a license or permit fee issued through the city clerk's office is made by check or other draft drawn upon an account containing insufficient funds, the applicant shall, within 15 days from the date of the letter from the city clerk of the insufficiency, pay by cashier's check or other certified draft, money order or cash, the fees, late fees and processing charges as specified by city code. Nonpayment of all applicable fees, late fees and processing charges within 15 days after the applicant received notice of the insufficiency shall deem the license or permit null and void. The establishment shall close until a new application is made, a new license obtained, and the applicable fees are paid.
b. Any individual or corporation that owes the city for unpaid fines, late fees, or license or permit fees relating to a current or previous food operation shall pay all such outstanding fees before any license or permit will is issued.
Part 6. Section 90-5-4-e of the code is amended to read:
90-5. Licensing.
4. DEPOSIT OF FEE; REFUND.
e. [[If payment for a license fee is made by check or other draft and payment on
the draft is stopped or the draft is drawn upon a non-existent or an account containing
insufficient funds, the applicant shall, within 15 days after the receipt of notice from the city clerk of the insufficiency, pay by cashier's check or other certified draft, money order or cash, the fees, late fees and processing charges as specified by the code.]] Non-payment of all applicable fees, late fees and processing charges within 15 days [[after the applicant received notice]] >>from the date of the letter advising<< of the insufficiency shall render the license null and void as prescribed in s.125.04(1) and (8), Wis. Stats. If the license is required for the operation of an establishment, the establishment shall be closed until all fees, late fees and processing charges are paid in full.
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
LRB149318-1
Amy E. Hefter
9/25/2013