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An Ordinance to Repeal Section 9.01(1) and to Renumber and Amend
Sections 9.01(2), (3), (4) and (5) of the Revised Municipal Code relating to Quotas for Class A Liquor Licenses and Create Section 9.02(2.5) of the Revised Municipal Code relating to Public Participation for Liquor Licenses.
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The Common Council of the City of West Allis do ordain as follows:
PART I. Section 9.01(1) of the Revised Municipal Code of the City of West Allis is hereby repealed.
PART II. Section 9.01(2) of the Revised Municipal Code of the City of West Allis is hereby renumbered as follows:
9.01 NUMBER OF LICENSES
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9.01(1) Class B Licenses.
PART III. Section 9.01(3) of the Revised Municipal Code of the City of West Allis is hereby renumbered and amended as follows:
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9.01(2) Continuity of Licenses.
(a) Notwithstanding the provisions of subsection (1) establishing limits on the number of licenses to be granted or issued, all licenses lawfully issued and in force in the City upon the effective date of this ordinance are valid and may be renewed, but the Common Council shall not issue any new Class B licenses until the total number of licenses is less than the quotas established in this section.
(b) Notwithstanding the provisions of subsection (1), a premise which has an existing Class B license will remain eligible for any person, partnership or corporation who has the right to control of the premises to apply for a new license for ninety (90) days after said existing license is surrendered to the City, expires and is not renewed by the licensee, or is revoked pursuant to section 9.02(9)(c) of the west Allis Revised municipal Code. A license that is revoked for any other reason shall be subject to the quota provisions set forth in this section.
PART III. Section 9.01(4) of the Revised Municipal Code of the City of West Allis is hereby renumbered and amended as follows:
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9.01(3) Exceeding Quota.
(a) Class B Fermented Malt Beverage Licenses. Notwithstanding the provisions of subsection (1)(a), the Common Council may, by two-thirds (2/3) vote of all the members of the Common Council, grant or issue new Class B Fermented Malt Beverage licenses in excess of the quota in subsection (1)(a), above.
(b) Class B Intoxicating Liquor Licenses.
(1) Notwithstanding the provisions of subsection (1)(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 B 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 (1)(b), the Common Council may, by two-thirds (2/3) vote of all members of the Common Council, grant or issue reserve licenses up to the quota established in section 125.51(4), Wis. Stat., to wit: 147, upon payment of the license fee, together with a $10,000 fee as required by section 125.51(3)(e)2, Wis. Stat.
(3) Notwithstanding the provisions of subsection (1)(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. Stat., as provided in section 125.51(4)(v), Wis. Stats.
PART IV. Section 9.01(5) of the Revised Municipal Code of the City of West Allis is hereby renumbered and amended as follows:
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9.01(4) Guidelines for exceeding Quota.
(a) General considerations. It having been found by the Common Council in imposing the quotas in this section that the proliferation of the taverns is a detriment to the City of West Allis and the community by reducing property values, deteriorating the quit 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(4)(b) are met and the requisite number of alderpersons set forth in 9.01(3), find, after the hearing required by 9.01(4)(c), that the proposed establishment should be granted a license, the quota notwithstanding.
(b) Criteria for exceeding quota. The quota established in 9.01(1) may be exceeded if the following factors are present:
1. The proposed establishment will have a greater economic impact upon the community than simply the addition of another tavern or restaurant, and
2. The proposed establishment will benefit the community by substantially improving the tax base. For example: the establishment will extensively rehabilitate a blighted or deteriorated building, will put a building on a vacant parcel of land, or will benefit the community by conferring some other tangible and substantial improvement for the area.
(c) Hearing. Prior to a vote, a public hearing shall be held. A license may be granted if the criteria in Section 9.01(4)(b) are met and the public hearing does not reveal any substantial negative impact the proposed establishment might reasonable have upon the properties in the vicinity of the proposed alcohol establishment.
PART V. Section 9.02(2.5) of the Revised Municipal Code of the City of West Allis is hereby created to read as follows:
9.02 ALCOHOLIC BEVERAGES
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9.02(2.5) Public Participation. Opportunity shall be given by the common council to any person to be heard for or against the granting of any license, issued under this section.
PART VI. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART VII. This ordinance shall take effect and be in force from and after its passage and publication.
ATTO-Repeal9.01CLASSA