City of Milwaukee - File #: 110326

• File #: 110326
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 7/6/2011
• In control: LICENSES COMMITTEE
• Final action: 11/2/2011
• Effective date: 3/1/2012
• Title: A substitute ordinance relating to licensing procedures and standards for public entertainment premises.
• Sponsors: THE CHAIR
• Indexes: DANCE HALLS, LICENSES

Date	Ver.	Action By	Action	Result	Tally
11/18/2011	1	CITY CLERK	PUBLISHED
11/7/2011	2	MAYOR	SIGNED
11/2/2011	1	COMMON COUNCIL	PASSED	Pass	15:0
10/31/2011	1	LICENSES COMMITTEE	SUBSTITUTED; Minutes note: Ald. Kovac moved acceptance of Proposed Substitute B. (Prevailed 4-0)	Pass	4:0
10/31/2011	2	LICENSES COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Atty. Stephens gave an overview on the proposed ordinance. The proposed new public entertainment license is an attempt to streamline the licensing process. The effective date is in March 2012 to allow for time to create the necessary application forms. The intent is to take a variety of current entertainment licenses; both alcohol-related entertainment and non-alcohol entertainment licenses, and combine them into one. There will be a plan of operation application requiring applicants to describe their plans to address common negative secondary effects, such as noise and litter, which is the focus of the plan of operation. Many of the licensing qualifications remain the same. The public entertainment license is separate and distinct from the alcohol beverage establishment licenses. Atty. Stephens said that one notable change pertains to the council's ability to set an occupancy limit on an establishment after consideration of the Department of Neighborhood Services’ input and the applicant's plan of operation. The fee associated with a public entertainment license will be based on the council's occupancy number. Ald. Kovac questioned if the committee and council can adjust, by amendment, the capacity number. Atty. Stephens replied that if evidence is shown, the capacity number can be changed by the committee and council. Ald. Bohl asked if preexisting licensed businesses will be grandfathered and not be subject to the new ordinance once it is in effect. Atty. Stephens said that both new and renewal applicants will receive the new public entertainment license after March 2012 instead of the current entertainment licenses. The occupancy number will remain and will not be changed, unless provided by evidence, for the renewals of those licensed establishments prior to March 2012. Ald. Bohl asked about the rationale for the proposed changes. Atty. Stephens said that based on his experiences in the community prosecution unit and from defending the city in over a dozen litigation cases over several years, proactive improvements could be made to address negative secondary effects up front rather than after the fact. He added that in three of its decisions, the Court of Appeals said that the city's licensing scheme is lawful, but there is room for improvement. Ald. Bohl questioned about deviation from a licensee's plan of operation under the new ordinance. Atty. Stephens said that a substantial change in a licensee's plan of operation would require the licensee to reapply a new plan of operation, which must be approved by the committee and council through the hearing process. Ald. Bohl asked if the public entertainment license application will have check boxes. Ms. Grill said that the new form will have check boxes listing different types of entertainment, and these selections will appear on the license that is required to be posted at a licensee's facility. Ald. Bauman questioned if the plan of operation will be a narrative or a form with established questions and criteria. Atty. Stephens responded that there will be a plan of operation application outlined to ask applicants to describe and document, in a narrative fashion, the kinds of entertainment that they will have or offer. Also, the application will require applicants to provide a floor plan of their operations. Ald. Bohl asked if an insufficient or flawed plan of operation can be denied by the committee if it does not adequately address negative secondary effects. Atty. Stephens said that the committee has the discretion to make decisions based upon the plan of operation. Individuals appearing to speak: Atty. Michael Whitcomb, Law Offices of Michael A I Whitcomb Donald Arenson, 608 N. Broadway, Milwaukee, WI 53202 Beth Nichols, Business Improvement District 21 Atty. Debby Tomczyk, Reinhart Boerner Van Deuren SC Stacy Callies, Westown Association Steph Salvia, BID, Brady Street Business Improvement District 11 Sallie Ferguson, Great Lakes Beverage Association Atty. Whitcomb was in support, but asked that the application, once completed, to be reviewed by the public before implementation. Also, he asked that there to be an application sample and a license sample to aide applicants in their understanding of the application and license. Atty. Tomczyk was in support. She, on behalf of BID 21, had some questions regarding the gradual license fee scale, ten day reporting requirement for changes, definition of substantial deviation, temporary public entertainment license, definition of undesirable effects, and renewal noticing process. Atty. Stephens said many of Atty. Tomczyk's concerns are relating to current ordinance language and policies that will not be changed with the new ordinance being proposed. Ms. Callies was in support. She was concerned about the fee for a temporary public entertainment license and the occupancy number used for an outdoor area. Also, she asked if objective criteria can be used for all licenses relating to their renewal and new licenses being granted. Ms. Grill said that if there is no assigned capacity number to an area, the fee for a temporary license will be $125, but that remains to be clarified. Ald. Bohl said that objective criteria pertaining to the licensing process cannot be used since businesses are not all the same but rather different in their capacity operations and environments that they function in. Ms. Ferguson asked if the proposed ordinance was a result of the problems associated to downtown. Mr. Stephens said that the downtown nightclub issues played a part in the efforts for the new ordinance. He added that the ordinance is an effort to streamline the license process, to lessen litigation cases, and to reduce the use of police resources and neighborhood objections associated with large scale clubs with amusement licenses.	Pass	4:0
10/24/2011	1	LICENSES COMMITTEE	HEARING NOTICES SENT
10/24/2011	1	LICENSES COMMITTEE	HEARING NOTICES SENT
10/17/2011	1	LICENSES COMMITTEE	HELD TO CALL OF THE CHAIR	Pass	5:0
10/17/2011	1	LICENSES COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Individual appearing: Captain Stephen Basting, Milwaukee Police Department District 1 Captain Basting gave a PowerPoint presentation, statistics, and information on a MPD program referred to as "Operation: Code R.E.D., Responsible Entertainment Deployment." The goals of the program were to find proactive solutions, reform ways on policing the downtown entertainment district areas, communicate and form partnerships with tavern owners, and establish tavern groups. MPD investigation in the downtown area found a large population growth, tourism impact of 39,000 full time jobs, 23% robberies and 47% assaults in 2010, reactive MPD responses, low police presence, and a high number of people and disorder. Meetings between the police and bar owners were conducted that resulted in the implementation of effective measures that included: changes in traffic with DNS and DPW; a consistent team of officers working in downtown areas; patrols on Thursdays, Fridays, and Saturdays; and shifting of jail resources to the street. Captain Basting said that the pilot program has been successful and provided for a safe summer. The program resulted in a 40% decrease in aggravated assaults, 76% decrease in armed robberies, and 46.9% decrease in motor vehicle theft. Also, tavern groups were established between Water Street, Milwaukee St, and Third Ward groups. The program is expected to continue, be improved upon, and expand to more areas in the city. (Details of the presentation can be found in the file.)	Pass	4:0
10/13/2011	1	LICENSES COMMITTEE	HEARING NOTICES SENT
9/30/2011	1	LICENSES COMMITTEE	HEARING NOTICES SENT
9/30/2011	1	LICENSES COMMITTEE	HEARING NOTICES SENT
9/26/2011	1	LICENSES COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: No public testimony.	Pass	4:0
9/26/2011	1		HELD TO CALL OF THE CHAIR; Minutes note: No neighborhood testimony.		4:0
9/21/2011	1	LICENSES COMMITTEE	HEARING NOTICES SENT
8/25/2011	1	CITY CLERK	DRAFT SUBMITTED
7/6/2011	0	COMMON COUNCIL	ASSIGNED TO

Number
110326
Version
SUBSTITUTE 2
Reference

Sponsor
THE CHAIR
Title
A substitute ordinance relating to licensing procedures and standards for public entertainment premises.
Sections
81-4 rc
81-13 rp
81-17 rp
81-17.7 am
81-62 rp
81-92.5 rp
81-98 rp
81-99 rp
81-101 rp
81-101.2-0 am
81-101.2-1-a am
81-101.2-1-b rc
81-101.2-1-c rc
81-101.2-2-0 am
81-114.8 rp
81-119 rp
81-119.5 rp
81-120 rp
81-127 rp
83 rp
84 (title) am
84-50 rp
84-52 rp
84-54 rp
84-56 rp
84-58 rp
84-60 rp
84-62 rp
84-64 rp
84-66 rp
84-68 rp
84-70 rp
84-72 rp
84-74 rp
85-5-4-g cr
87 rp
90-5-1-c-1-b am
90-5-1-c-1-f am
90-5-1-c-2-e am
90-5-1-c-2-j rn
90-5-1-c-2-j cr
90-5-1-c-2-k cr
90-5-1-c-2-L cr
90-22 rp
90-33 rp
90-34 rp
90-35 rp
90-36 rp
90-37-3-a rc
107 (title) am
107-13 rc
108 (title) am
108-1 am
108-3 rc
108-5-1-b am
108-5-1-c am
108-5-2-0 am
108-5-2-a rc
108-5-2-c rc
108-5-2-f cr
108-5-3-a am
108-5-3-b-7-e am
108-5-3-b-7-f am
108-5-3-b-7-g am
108-5-3-b-7-j cr
108-5-3-b-7-k cr
108-5-3-b-8 rn
108-5-3-b-8 cr
108-5-4 rc
108-5-5-0 am
108-5-5-a am
108-5-5-b am
108-5-5-e-1 am
108-5-5-g rc
108-5-5-h cr
108-5-5-i cr
108-5-7 am
108-7-1-d-2 am
108-7-1-g am
108-7-3 rc
108-7-4 cr
108-9-a ra
108-9-b rn
108-11-5 cr
108-17 am
108-18 cr
108-19 am
108-20 cr
108-22 cr
108-23 rc
Analysis
This ordinance eliminates various types of licenses, including licenses for bowling alleys, carnival sites, amusement machine or phonograph premises, pool and billiard halls, theaters and motion picture houses. It also eliminates the various types of tavern amusement licenses, including instrumental music, pre-recorded music machine, record spin, tavern amusement and tavern dance hall licenses, as well as special party permits. Henceforth, each of these entertainment activities would require either an annual or temporary “public entertainment premises” license. If alcohol beverages are served on the premises, a public entertainment premises license would be required in addition to a retail alcohol beverage license. ...