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File #: 090103    Version:
Type: Ordinance Status: Passed
File created: 5/27/2009 In control: LICENSES COMMITTEE
On agenda: Final action: 6/16/2009
Effective date: 7/3/2009    
Title: A substitute ordinance relating to the circumstances in which warning letters are issued for alcohol beverage licenses.
Sponsors: THE CHAIR
Indexes: ALCOHOL - REGULATION AND LICENSING
Attachments: 1. Fiscal Note, 2. Notice Published on 7-2-09
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
7/2/20091 CITY CLERK PUBLISHED   Action details Meeting details Not available
6/25/20091 MAYOR SIGNED   Action details Meeting details Not available
6/16/20091 COMMON COUNCIL PASSEDPass12:0 Action details Meeting details Not available
6/3/20090 LICENSES COMMITTEE RECOMMENDED FOR PASSAGE

Minutes note: Richard Pfaff, Assistant Manager of the License Division, at the table filling in for Ms. Grill. Mr. Pfaff explains the purpose of the ordinance. Motion for passage by Ald. Kovac. Prevailed 5-0.
Pass5:0 Action details Meeting details Not available
5/28/20091 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
5/27/20090 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

090103

Version

SUBSTITUTE 1

Reference

 

Sponsor

THE CHAIR

Title

A substitute ordinance relating to the circumstances in which warning letters are issued for alcohol beverage licenses.

Sections

90-5-8-a-3-0 am

90-5-8-a-4 rn

90-5-8-a-4 cr

90-5-8-a-5 rn

90-5-8-a-6 rn

90-5-8-a-7 rn

90-5-8-a-8 rn

90-5-8-a-9 rn

90-11-1-c-1-0 am

90-11-1-c-2 rn

90-11-1-c-2 cr

Analysis

This ordinance establishes that if the chief of police files a written report summarizing the arrest and convictions of an applicant for a new or renewal Class “D” operator’s license, alcohol beverage wholesale establishment license or Class “B” manager’s license which could form a basis for denial or nonrenewal of the application, the city clerk shall, in lieu of forwarding the application to the licensing committee for a hearing, refer the application to the common council for approval without the issuance of a warning letter, if an applicant eligible to be issued a warning letter has not within 10 years of the date of application been convicted of any misdemeanor or felony offense or municipal code violation.

Body

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

 

Part 1. Section 90-5-8-a-3-0 of the code is amended to read:

 

90-5. Licensing.

 

8. COMMITTEE ACTION.

 

a. Notice.

 

a-3. If the chief of police files a written report summarizing the arrest and convictions of an applicant for a new operator’s license, alcohol beverage wholesale establishment license or manager’s license which could form the basis for denial of the application, the city clerk shall, in lieu of forwarding the application to the licensing committee for a hearing under subds. 1 and 2, refer the application to the common council for approval and>>, except as provided in subd. 4, <<issue a warning letter to the applicant whenever all of the following are true:

 

Part 2.  Section 90-5-8-a-4 to 9 of the code is renumbered 90-5-8-a-5 to 10.

 

Part 3. Section 90-5-8-a-4 of the code is created to read:

 

a-4. If an applicant eligible to be issued a warning letter under subd. 3 has not within 10 years of the date of application been convicted of any misdemeanor or felony offense or municipal code violation, then the city clerk shall refer the application to the common council for approval and issue no warning letter.

 

Part 4. Section 90-11-1-c-1-0 of the code is amended to read:

 

90-11. Renewal of License.

 

1. PROCEDURE FOR RENEWAL.

 

c. Warning Letter.

 

c-1. If the chief of police files a written report summarizing the arrest and convictions of an applicant for renewal of an operator’s license, alcohol beverage wholesale establishment license or manager’s license which could form a basis for nonrenewal of the application, and if no written objection has been filed under par. b, the city clerk shall, in lieu of forwarding the application to the licensing committee for a hearing under par. b, refer the application to the common council for approval and>>, except as provided in subd. 2,<< issue a warning letter to the applicant whenever all of the following are true:

 

Part 5.  Section 90-11-1-c-2 is renumbered 90-11-1-c-3.

 

Part 6. Section 90-11-1-c-2 of the code is created to read:

 

c-2. If an applicant eligible to be issued a warning letter under this paragraph has not within 10 years of the date of application been convicted of any misdemeanor or felony offense or municipal code violation, then the city clerk shall refer the application to the common council for approval and issue no warning letter.

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

CCL090513-1

RGP

5/13/09

LRB09232-2

TWM:lp