Title
An Ordinance to Amend Sections 3.05(23), 3.10 and 9.01(4) of the West Allis Revised Municipal Code Relating to Changing the Majority Vote Required from three-fourths (3/4) to two-thirds (2/3).
Body
The Common Council of the City of West Allis do ordain as follows:
PART I. Section 3.05(23) of the Revised Municipal Code of the City of West Allis is hereby amended to read:
3.05 RULES OF PROCEDURE FOR COMMON COUNCIL.
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(23) Suspension of Rules. These rules may be suspended by a vote of not less than two-thirds (2/3) of the membership of the council. Unless unanimous consent is given, the vote on suspension shall be by vote on call of the roll.
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PART II. Section 3.10 of the Revised Municipal Code of the City of West Allis is hereby amended to read:
3.10 HEARING PROCEDURE.
During any investigation and during any hearing which is conducted to determine whether a violation of this subchapter has occurred, the person under investigation or the accused may be represented by counsel of his or her choosing and the accused or his or her representative, if any, shall have an opportunity to challenge the sufficiency of any complaint, which has been filed against him or her, to examine all documents and records obtained or prepared by the Board in connection with the matter heard, to bring witnesses, to establish all pertinent facts and circumstances, to question or refute testimony or evidence, including the opportunity to confront and cross examine adverse witnesses. During any hearing conducted by the Board to determine whether a violation of this subchapter has occurred, all evidence, including certified copies of records, which the Board considers, shall be fully offered and made apart of the record in the proceedings. Upon request of the accused, the Board shall issue subpoenas to compel the attendance of necessary witnesses. The standards of evidence and the burden of proof applicable to civil forfeiture actions shall apply to hearings under this section. The Board shall make a determination upon such evidence submitted by an affirmative vote of two-thirds (2/3) of all the members thereof.
PART III. Section 9.01(4) of the Revised Municipal Code of the City of West Allis is hereby amended to read:
9.01 NUMBER OF LICENSES.
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(4) Exceeding Quota.
(a) Class A. Licenses. Notwithstanding the provisions of subsection (1), the Common Council may by two-thirds (2/3) vote of all of the members of the Common Council, grant or issue new Class A. licenses in excess of the quota in subsection (1), above.
(b) Class B. Fermented Malt Beverage Licenses. Notwithstanding the provisions of subsection (2)(a), the Common Council may be two-thirds (2/3) vote of all of the members of the Common Council, grant or issue new Class B. Fermented Malt Beverage licenses in excess of the quota in subsection (2)(a), above.
(c) Class B. Intoxicating Liquor Licenses.
(1) Notwithstanding the provisions of subsection (2)(b), the Common Council may by two-thirds (2/3) vote of all of the members of the Common Council, grant or issue new Class A Intoxicating Liquor licenses up to the number of licenses required to be reported to the Department of Revenue as of December 1, 1997, to wit: 137.
(2) Notwithstanding the provisions of subsection (2)(b), the Common Council may, by two-thirds (2/3) vote of all of the members of the Common Council, grant or issue reserve licenses up to the quota established in section 125.51(4), Wis. Stats., to with: 147, upon the payment of the license fee, together with a $10,000 fee as required by section 125.51(3)(e)2, Wis. Stats.
(3) Notwithstanding the provisions of subsection (2)(b), the Common Council may by two-thirds (2/3) vote of all the members of the Common Council grant or issue a new license in excess of the quota established by section 125.51(4), Wis. Stats., as provided in section 125.51(4)(v), Wis. Stats.
PART IV. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART V. This ordinance shall take effect and be in force from and after its passage and publication.
ATTO-Amend Secs 3.05 3.10 & 9.01