City of Milwaukee - File #: 221471

• File #: 221471
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 1/17/2023
• In control: COMMON COUNCIL
• Final action: 2/28/2023
• Effective date: 3/18/2023
• Title: A substitute ordinance relating to the standard of proof required for nonrenewal, suspension and revocation of licenses.
• Sponsors: ALD. COGGS
• Indexes: LICENSE REVOCATION, LICENSES

Date	Ver.	Action By	Action	Result	Tally
3/17/2023	2	CITY CLERK	PUBLISHED
3/2/2023	2	MAYOR	SIGNED
2/28/2023	2	COMMON COUNCIL	PASSED	Pass	11:0
2/14/2023	1	LICENSES COMMITTEE	SUBSTITUTED	Pass	4:0
2/14/2023	2	LICENSES COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	4:0
1/17/2023	0	COMMON COUNCIL	ASSIGNED TO

Number
221471
Version
PROPOSED SUBSTITUTE
Reference

Sponsor
ALD. COGGS
Title
A substitute ordinance relating to the standard of proof required for nonrenewal, suspension and revocation of licenses.
Sections
75-23-20-c am
85-2.7-4-0 am
85-4-4-0 am
85-20-2 am
85-20-2-b cr
90-5-8-c-1-0 am
90-11-2-c-1-0 am
90-37-5-e-0 am
90-37-10-d am
93-25-4-0 am
95-14-9-d-0 am
108-11-3 am
Analysis
This ordinance clarifies the standard of proof required for the nonrenewal, suspension and revocation of licenses. Currently, the committee uses the preponderance of the evidence as the standard of proof during hearings, but there is no standard specified by the code to be used when considering nonrenewal, suspension and revocation of licenses, only stating that decisions shall be based on the evidence presented. This ordinance specifies that decisions shall be based on the preponderance of evidence presented. In addition, the ordinance allows the city clerk to issue a provisional renewal to a licensee if an application is being held in committee.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 75-23-20-c of the code is amended to read:

75-23. Tattooing and Body-Piercing.
20. DUE PROCESS HEARING.
c. The decision of the board regarding the appellant shall be based only on >>the preponderance of<< evidence presented at the hearing. Probative evidence concerning whether or not the appeal should be upheld may be presented on the factors enumerated in sub. 9-b or 11-a, whichever is applicable.

Part 2. Section 85-2.7-4-0 of the code is amended to read:

85-2.7. Hearing Procedure, New License.
4. RECOMMENDATION. The recommendation of the committee regarding the applicant shall be based on >>the preponderance of<< evidence presented at the hearing. Probative evidence concerning whether or not the license should be granted may be presented on the following subjects:

Part 3. Section 85-4-4-0 of the code is amended to re...