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File #: 110227    Version: 0
Type: Ordinance Status: Passed
File created: 6/14/2011 In control: LICENSES COMMITTEE
On agenda: Final action: 7/6/2011
Effective date: 7/23/2011    
Title: An ordinance relating to disqualification for licensing following withdrawal of a license application by the applicant.
Sponsors: THE CHAIR
Indexes: ALCOHOL - REGULATION AND LICENSING, FOOD DEALERS, LICENSES
Attachments: 1. Hearing Notice List, 2. Notice Published on 7-22-11

Number

110227

Version

ORIGINAL

Reference

 

Sponsor

THE CHAIR

Title

An ordinance relating to disqualification for licensing following withdrawal of a license application by the applicant.

Sections

68-4-12 rc

68-4-16 rp

68-4-17 rp

85-13-3 rn

85-13-3 cr

85-13-4 rn

85-13-5 rn

85-13-6 rn

85-13-7 rn

90-5-9-b rc

Analysis

This ordinance updates procedures for license disqualification for food dealer and liquor and tavern licenses by placing disqualification procedures for these licenses in ch. 85, the license and permit procedures chapter of the code.

Body

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

 

Part 1.  Section 68-4-12 of the code is repealed and recreated to read:

 

68-4.  Food Dealer License.

 

12.  DISQUALIFICATION FOR LICENSE.  Whenever any application is withdrawn,

denied, or license not renewed, revoked or surrendered the procedures for disqualification for license and change of circumstances provided in ss. 85-13 and

85-15 shall apply.

 

Part 2.  Sections 68-4-16 and 17 of the code are repealed.

 

Part 3.  Sections 85-13-3 to 7 of the code are renumbered to 85-13-4 to 8.

 

Part 4.  Section 85-13-3 of the code is created to read:

 

85-13.  Disqualification for License.

 

3.  WHEN WITHDRAWN.  Whenever a new application for a license is withdrawn after commencement of the hearing of the licensing committee, the application shall be considered denied upon withdrawal for purposes of the disqualification provided in

sub. 4, except that the period of disqualification shall be 6 months from the date of withdrawal.  

 

Part 5.  Section 90-5-9-b of the code is repealed and recreated to read:

 

90-5.  Licensing.

 

9.  DISQUALIFICATION.

 

b.  Whenever a new application for a Class "A" retailer's intoxicating liquor license, a Class "B" retailer's intoxicating liquor license, a Class "B" retailer's service bar license, a Class "B" manager's license, a Class "A" fermented malt beverage retailer license, a Class "B" fermented malt beverage retailer license, a Class "C" wine retailer license, a Class "D" operator's license, a tavern amusement, dancing and music license, or a center for the visual and performing arts license, is withdrawn after commencement

of the hearing of the licensing committee procedures for withdrawal provided in

s. 85-13-3 shall apply.

                                          

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

 

Drafter

LRB121462-1

Amy E. Hefter

6/6/2011