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File #: 140756    Version: 0
Type: Ordinance Status: Passed
File created: 9/3/2014 In control: COMMON COUNCIL
On agenda: Final action: 9/23/2014
Effective date: 10/10/2014    
Title: An ordinance relating to criminal background investigations of ice cream peddlers.
Sponsors: ALD. MURPHY
Indexes: FOOD DEALERS
Attachments: 1. Notice Published on 10-9-14
Number
140756
Version
ORIGINAL
Reference

Sponsor
ALD. MURPHY
Title
An ordinance relating to criminal background investigations of ice cream peddlers.
Sections
68-43-5-c ra
68-43-5-c cr
Analysis
Currently, an ice cream peddler license is not granted to an applicant who is required to register as a sex offender pursuant to s. 301.45, Wis. Stats. Under this ordinance, the chief of police may object to the granting of the license based on the applicant’s criminal history, including whether that applicant has been charged with or convicted of any felony, misdemeanor, municipal offence or other offence, the circumstances of which substantially relate to the licensed activity.

This ordinance also transfers the responsibility of having appeals of denial of ice cream peddler license applications from the administrative review appeals board to the licensing committee of the common council.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 68-43-5-c of the code renumbered 68-43-5-d and amended to read:

68-43. Ice Cream Peddler License.

6. INVESTIGATION.

d. [[In the event]] >>If<< an application for a new or renewal license is denied, the applicant may appeal the denial to the [[administrative review appeals board]] >>licensing committee of the common council<<.

Part 2. Section 68-43-5-c of the code is created to read:

c. In addition to the provisions of par. b, the chief of police may object to granting of the license based on the applicant’s criminal history, including whether that applicant has been charged with or convicted of any felony, misdemeanor, municipal offence or other offence, the circumstances of which substantially relate to the licensed activity.

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
Da...

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