File #: O-2015-0023    Version: 1
Type: Ordinance Status: Passed
File created: 4/7/2015 In control: License and Health Committee (INACTIVE)
On agenda: 4/7/2015 Final action: 4/7/2015
Title: An Ordinance to Create Section 7.17 of the City of West Allis Revised Municipal Code Relating to Conditions of Licenses/Permits, Control of Premises, Lapse of License/Permit, Procedure for Suspension or Revocation.
Sponsors: License and Health Committee (INACTIVE)
Attachments: 1. Signed Ordinance & Affidavit
Title
An Ordinance to Create Section 7.17 of the City of West Allis Revised Municipal Code Relating to Conditions of Licenses/Permits, Control of Premises, Lapse of License/Permit, Procedure for Suspension or Revocation.
 
Body
The Common Council of the City of West Allis do ordain as follows:
 
PART I.  Section 7.17 of the Revised Municipal Code of the City of West Allis is hereby created to read:
 
7.17  Conditions Of Licenses/Permits, Control Of Premises, Lapse Of License/Permit, Procedure For Suspension Or Revocation.
 
(1)  Control of Premises.  No applicant will be considered for any license or permit issued under this chapter unless the applicant has the right to possession of the premises described in the application for the license.  The applicant shall present documentation, in a form acceptable to the City Attorney, of proof of right to possession for the license/permit period.  Loss of the right to the premises subjects the license or permit to immediate revocation.  Only one (1) license or permit for the same activity may be issued per premise at one time.  
 
(2)  Lapse of License/Permit.  Whenever any licensee or permittee under this chapter shall not conduct the licensed or permitted business at the authorized location for a period of thirty (30) consecutive days, the license or permit shall become subject to revocation, unless such thirty-day period is, for good cause, extended by the License and Health Committee.  This subsection shall not apply to licensees or permittees who operate seasonally.
 
(3)  Procedure for Suspension, Revocation, or Nonrenewal.  The procedures for suspension, revocation, and nonrenewal of licenses set forth in Subsection 7.04(16)(b)-(h) of the Revised Municipal Code shall apply to all licenses and permits issued under this chapter.
 
(4)  Applicability.  The provisions of Subsection (1) shall not apply where the licensed or permitted activity is, by its nature, not conducted at a particular premises.  Where there is a specific requirement or procedure set out in this chapter for a particular license or permit, the more specific procedure or requirement shall govern.
 
(5)  Truth of Statements. All matters submitted in writing to the City by any applicant, licensee, or permittee pertaining to any license or permit issued under this chapter shall be true.
 
(6)  Conditions of Licenses/Permits.
 
(a)  Every applicant procuring a license/permit thereby consents to the entry of the Health Department, police, or other duly authorized representatives of the City at all reasonable hours for the purpose of inspection and search, and consents to the removal from said premises of all things and articles there had in violation of City ordinances or state laws.
 
(b) The licensee/permittee and/or employees and agents of the licensee/permittee shall cooperate with Health Department and police investigations.  "Cooperate," as used in this subsection, shall mean calling the police when a disturbance of the peace or other violation occurs on the licensed premises and providing complete and truthful responses to police and Health Department inquiries. A licensee/permittee shall also appear before the License and Health Committee when requested to do so and shall otherwise follow the lawful directives of the License and Health Committee.  
 
(c)  Each licensed/permitted premises shall be conducted in an orderly manner, and no disorderly, riotous, or indecent conduct shall be allowed at any time on any licensed/permitted premises.
 
(d)  The licensee/permittee shall comply with all other provisions of this chapter and all other ordinances of the City of West Allis and the laws of the State of Wisconsin.  
 
PART II.  All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby amended.
 
PART III.  This ordinance shall take effect and be in force from and after its passage and publication.
 
ATTO-Create S 7.17 Conditions,Control,Lapse,Procedure Lic-Perm