File #: O-2005-0051    Version: 1
Type: Ordinance Status: Placed On File
File created: 12/20/2005 In control: License and Health Committee (INACTIVE)
On agenda: Final action: 2/7/2006
Title: An Ordinance to Amend Section 9.01 of the Revised Municipal Code Relating to Quotas for Class B Licenses.

Title

 

An Ordinance to Amend Section 9.01 of the Revised Municipal Code Relating to Quotas for Class B Licenses.

 

Body

 

The Common Council of the City of West Allis do ordain as follows:

 

PART I.                     Section 9.01(2) of the Revised Municipal Code of the City of West Allis is hereby amended as follows:

 

9.01                     NUMBER OF LICENSES

 

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(2)                     Class B Licenses. 

 

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(b)                     Intoxicating Liquor. The number of regular intoxicating liquor licenses to be granted or issued by the Common Council shall be limited to the number of licenses required to be reported to the Department of Revenue as of December 1, 1997, to wit: 137.  The Common Council, however, may grant or issue reserve licenses up to the quota established in section 125.51(4), Wis. Stat., to wit: 147, upon the payment of the license fee, together with a $10,000 fee as required by section 125.51(3)(e)2, Wis. Stat.  The Common Council may grant intoxicating liquor licenses up to the quota of 147, by a simple majority vote, without a public hearing.

 

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PART II.                     Section 9.01(4)(c) of the Revised Municipal Code of the City of West Allis is hereby repealed and recreated as follows:

 

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(c)                     Class B Intoxicating Liquor Licenses.

 

The number of Class B intoxicating liquor licenses authorized by section 125.51(4) Wis. Stat., to wit: 147, shall not be exceeded, and nothing in this section shall be construed to the contrary.

 

PART III.                     Section 9.01(5) of the Revised Municipal Code of the City of West Allis is hereby amended as follows:

 

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(a)                     General considerations.  It having been found by the Common Council in imposing the quotas in this section that the proliferation of taverns and liquor stores is a detriment to the City of West Allis and the community by reducing property values, deteriorating the quiet enjoyment of neighborhoods, and costs considerable tax dollars to police said business, it is determined that the quotas established in this section shall only be exceeded if the criteria in 9.01(5)(b) are met and the requisite number of Alderpersons set forth in 9.01(4), find, after the hearing required by 9.01(5)(c), that the proposed establishment should be granted a license, the quota notwithstanding.  This section shall not apply to Class B intoxicating liquor licenses.

 

(b)                     Criteria for exceeding quota.  The quota established in 9.01(1) and 9.01(2)(a) may be exceeded if the following factors are present:

 

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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.