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Ordinance to create Section 9.33 relative to record check fees for license applicants and to amend various license fees of Chapter 9 of the West Allis Revised Municipal Code.
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The Common Council of the City of West Allis do ordain as follows:
PART I. Subsections 9.02(8)(c) and 9.02(21)(c)(e) and (g) of the Revised Municipal Code of the City of West Allis are hereby amended to read:
9.02 ALCOHOLIC BEVERAGES.
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(8) Granting of License.
(c) Applications for a temporary license must be received in the Clerk/Treasurer's Office at least five (5) business days prior to the event. An application for a temporary license received in the Clerk/Treasurer's Office five (5) business days prior to the event without approval of the Common Council must be accompanied by a fifteen dollar ($15.00) late fee in addition to the temporary licensee fee to defray administrative costs. An application filed less than five (5) business days prior to the event must be accompanied by a twenty-five ($25.00) late fee in addition to the temporary license fee to defray administrative costs.
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(21) Fees. The following fees for licenses shall be paid to the City Clerk/Treasurer prior to issuance of the license:
(c) Class A Beer $150
(e) Temporary Extension of Class B Premises $ 70
(g) Duplicate License $ 10
PART II. Subsection 9.02(21)(o) of the Revised Municipal Code of the City of West Allis is hereby created to read:
9.02 ALCOHOLIC BEVERAGES.
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(21) Fees. The following fees for licenses shall be paid to the City Clerk/Treasurer prior to issuance of the license:
(o) Publication $ 15
PART III. Subsections 9.032(3) and 9.032(8) of the Revised Municipal Code of the City of West Allis are hereby amended to read:
9.032 TAVERN INSTRUMENTAL MUSIC LICENSES.
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(3) License Fee. The fee for an instrumental music license shall be one hundred forty dollars ($140.00). The fee shall accompany each application. The full license fee shall be charged for the whole or fraction of the license year, except as provided in Paragraph (8).
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(8) Special Permits. A special instrumental music permit may be issued by the Clerk/Treasurer for a particular forty-eight hour period, upon approval by the Common Council. The applicant must meet all criteria for license approval set forth in Paragraph (2). Application for any such permit shall be made in writing upon a form prescribed by and filed with the Clerk/Treasurer, in accordance with the provisions of Paragraph (3). Not more than ten (10) special permits for either instrumental music shall be issued for the same premises in any license year. Subsequent to the issuance of an initial permit for premises, the Clerk/Treasurer may issue additional permits for each premises, as provided in this paragraph, without further investigation of applications for any such premises and without the Council's approval for the entire period the license is held by the same individual or corporation and for the same licensed premise. A special permit, when issued, shall entitle the holder thereof, for a particular forty-eight hour period to the respective privileges accompanying the corresponding license provided for in this section. Any violation of this section by the permit holder or any reported unreasonably loud music or disorderly conduct on the premises shall be deemed cause for suspension or denial of any further special permit privileges. A permit fee of twenty dollars ($20.00) shall accompany the application. Such fee shall be nonrefundable.
PART IV. Subsections 9.033(6) and 9.033(9)(b) of the Revised Municipal Code of the City of West Allis are hereby amended to read:
9.033 TAVERN ENTERTAINMENT LICENSE.
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(6) License Fee. The fee for a license issued under this section shall be $1,400.00. The license fee shall accompany each application. The full license fee shall be charged for the whole or fraction of the license year.
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(9) Renewal of License.
(b) A license renewal fee of $1,400.00 shall be submitted with the application for renewal.
PART V. Subsection 9.035(4) of the Revised Municipal Code of the City of West Allis is hereby amended to read:
9.035 MASSAGE PARLORS.
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(4) License Fee. The license fee shall be four hundred fifty dollars ($450.00) per year and shall accompany each application.
PART VI. Subsection 9.05(2)(c) of the Revised Municipal Code of the City of West Allis is hereby amended to read:
9.05 DANCE HALLS.
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(2) Dance Hall License.
(c) Fees. All such applications shall be accompanied by an annual license fee of sixty dollars ($60.00).
PART VII. Subsection 9.06(4) of the Revised Municipal Code of the City of West Allis is hereby amended to read:
9.06 POOL TABLES AND BOWLING ALLEYS.
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(4) License Period and Fees. Every license shall expire on the 30th day of June following the date of its issue, and a fee of thirty-five dollars ($35.00) shall be paid therefor, for each billiard table, pool table or bowling alley for which such license shall be issued. Payment shall be made to the City Clerk/Treasurer upon application.
PART VIII. Subsections 9.08(4)(a)1, 9.08(4)(b)1, 9.08(4)(c) and 9.08(5)(c)of the Revised Municipal Code of the City of West Allis are hereby amended to read:
9.08 AMUSEMENT DEVICES.
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(4) Licenses.
(a) Amusement Device Distributor's License.
1. Fee. The Distributor's license fee for an amusement device shall be four hundred fifty dollars ($450.00) per year, and shall be paid to the City Clerk/Treasurer at the time of filing the application for a license.
(b) Phonograph Distributor's License.
1. Fee. The Distributor's license fee for a phonograph shall be three hundred dollars ($300.00) per year and shall be paid to the City Clerk/Treasurer at the time of filing the application for a license.
(c) Owner-Operator's Licenses. The owner-operator's license fee for an amusement device shall be thirty ($30.00) per year, and for a phonograph shall be twenty-five dollars ($25.00) per year, and shall be paid to the City Clerk/Treasurer at the time of filing the application for a license.
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(5) Registration of Amusement Devices.
(c) Registration Fees. The registration fee for each amusement device shall be thirty five dollars ($35.00) per year per machine, and the registration fee for each phonograph shall be twenty-five dollars ($25.00) per year per machine. The registration fee shall be paid to the City Clerk/Treasurer at the time of registration.
PART IX. Subsections 9.10(5) and 9.10(9)(c) of the Revised Municipal Code of the City of West Allis are hereby amended to read:
9.10 ARCADES.
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(5) License Fee. The license fee shall be three hundred dollars ($300.00) per year and shall accompany each application.
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(9) Arcade Operator's Licenses. A licensed arcade operator shall be on the licensed premises at all times during the hours the arcade is open to the public, in order to provide supervision necessary to maintain proper order.
(c) Fees. The annual fee for an arcade operator's license shall be thirty-five dollars ($35.00). There will be a ten dollar ($10.00) charge for the issuance of a duplicate license.
PART X. Subsections 9.105(1) and 9.105(2) of the Revised Municipal Code of the City of West Allis are hereby amended to read:
9.105 SHOOTING GALLERIES AND GUN RANGES.
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(1) Regulation for Shooting Galleries and Gun Ranges. No premises shall be used or permitted to be used, leased or hired as a shooting gallery, gun range or place to practice target shooting, wherein firearms shall be discharged without being duly licensed therefor. The license shall expire on the 31st day of December after the granting thereof, unless sooner revoked. No corporation, firm, association or club shall be granted a license to conduct in any manner a shooting gallery, gun range or place to practice target shooting within the limits of the City, except to an agent thereof first duly appointed by it, who is, at the time of filing said application, an officer, manager or member thereof, a full citizen of the United States, a resident of Milwaukee County continuously for at least two (2) years prior to the date of said application and who shall have vested in him by a properly authorized and executed written delegation full authority and control of the premises described in the license and of the conduct of all business and acts therein in any way relating to firearms and the use thereof or of the shooting gallery, gun range or place to practice target shooting and who shall, with respect to his qualifications be satisfactory to the Common Council. Such agent shall be personally responsible for compliance with all the terms and provisions of this ordinance. If such duly appointed agent shall, during any licensed year, cease to be an officer, manager or member of any corporation, firm, association or club, on whose behalf said license was issued, a new license shall be required and application therefor shall be forthwith made pursuant to the terms and provisions of this section.
(2) Application for License. No person shall be granted a license to conduct in any manner a shooting gallery, gun range or place to practice target shooting within the limits of the City, unless he shall have been, at the time of filing said application, a full citizen of the United States, a resident of Milwaukee County continuously for at least two (2) years prior to the date of said application, nor unless such individual is, with respect to his qualifications, satisfactory to the Common Council. Application for a license for any specific premises sought to be used as a shooting gallery, gun range or place to practice target shooting shall be made on forms provided by the City Clerk/Treasurer and accompanied by the full license fee of sixty dollars ($60.00). Said application shall contain the following information:
(a) Name and age of applicant, whether a firm, association, corporation or club.
(b) Address of applicant.
(c) Location and description of premises sought to be licensed.
(d) Qualifications of licensee.
(e) Name of agent.
(f) Qualifications of agent.
No application shall be submitted to the Common Council unless said application shall have been approved by the Chief of Police and Building Inspector. No premises shall be licensed unless constructed in accordance with the specifications provided in this section.
PART XI. Subsection 9.125(2)(d) of the Revised Municipal Code of the City of West Allis is hereby amended to read:
9.125 USED VEHICLES, DEALERS LICENSE REQUIRED.
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(2) License Application. Written applications for used or second hand motor vehicles shall be on forms provided by the City Clerk/Treasurer. The license year shall be from May 1 to April 30. Any license granted under the authority of this ordinance shall not be transferable. The license application shall contain the following information:
(d) Fees. The license fee shall be two hundred thirty dollars ($230.00) per annum, payable to the City Clerk/Treasurer upon application, and such license shall expire on the 30th day of April after the granting thereof, unless soon revoked by the Common Council. The license shall be attested by the City Clerk/Treasurer and shall not be delivered to the applicant until he shall produce and file with the City Clerk/Treasurer a receipt showing the payment of the sum required therefor to the City Treasurer.
PART XII. Subsection 9.128(3) of the Revised Municipal Code of the City of West Allis is hereby amended to read:
9.128 TRAILER AND TRUCK RENTAL.
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(3) Fees. The annual license fees for such trailer and truck rental operation shall be eight dollars ($8.00) per license year, payable to the City Clerk/Treasurer upon application, for each trailer or truck to be located on such premises.
PART XIII. Subsection 9.13(5) of the Revised Municipal Code of the City of West Allis is hereby amended to read:
9.13 SALVAGE AND RECYCLING CENTERS.
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(5) License Fee. Every salvage dealer shall pay an annual license fee of two hundred thirty dollars ($230.00). All licenses shall be issued as of July 1 and shall continue in force until June 30 next succeeding the date of issuance, unless sooner revoked.
PART XIV. Subsections 9.15(4)(a)1, 2 and 3 of the Revised Municipal Code of the City of West Allis are hereby amended to read:
9.15 PAWN SHOPS, SECONDHAND STORES, SECONDHAND JEWELRY DEALERS.
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(4) Licenses. All licenses issued under this section shall expire effective June 30 of the calendar year following issuance.
(a) Fees.
1. The license fee for a pawnbroker's license shall be two hundred twenty-five dollars ($225.00) per year.
2. The license fee for a secondhand jewelry dealer shall be one hundred seventy-five dollars ($175.00) per year.
3. The license fee for a secondhand article dealer shall be ninety dollars ($90.00) per year.
PART XV. Subsections 9.18(3)(c) and 9.18(3m)(d) of the Revised Municipal Code of the City of West Allis are hereby amended to read:
9.18 DIRECT SELLERS AND SOLICITORS.
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(3) Regulation of Direct Sellers.
(c) Permit Fee. A non-refundable permit fee of fifty dollars ($50.00) shall be paid to the City Clerk/Treasurer at the time of application. If the permit is granted, as set forth in sec. 9.18(3)(d), it shall be valid for a period of sixty (60) days from the date of issuance unless sooner revoked, pursuant to sec. 9.18(9.)
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(3m) Special Event Direct Sellers.
(d) Fee. A fee of twenty-five dollars ($25.00) shall be paid to the City Clerk/Treasurer at the time of application. Upon submission of a completed application and the permit fee, the City Clerk/Treasurer shall issue a permit badge. Said badge shall be individually numbered and shall identify which event the permit is valid for.
PART XVI. Subsection 9.21(3)(a) of the Revised Municipal Code of the City of West Allis is hereby amended to read:
9.21 MOBILE HOMES AND MOBILE HOME PARKS.
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(3) Annual License Fees.
(a) An annual license fee shall be charged each applicant to whom a license is granted of one hundred fifteen dollars ($115.00) for each fifty (50) spaces or fraction thereof. A full license fee shall be charged for the full year or fraction thereof.
PART XVII. Subsection 9.265(3) of the Revised Municipal Code of the City of West Allis is hereby amended to read:
9.265 NATURAL CHRISTMAS TREE SALES.
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(3) The fee for each such license shall be one hundred seventy-five dollars ($175.00), payable to the City Clerk/Treasurer upon application, and each such license shall expire on January 1 following the date of issuance. The licensee shall have direct control over the premises where such trees are sold and shall be responsible for the conduct of any person in his employ. The license shall not be assignable and any holder of such license who permits it to be used by any other person shall be guilty of a violation of this section.
PART XVIII. Subsections 9.28(8)(a) and (b) and 9.28 (10)(b) and (e) of the Revised Municipal Code of the City of West Allis are hereby amended to read:
9.28 ADULT ORIENTED ESTABLISHMENTS.
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(8) Fees.
(a) A license fee of five hundred seventy-five dollars ($575.00) shall be submitted with the application for a license.
(b) A permit fee of sixty dollars ($60.00) shall be submitted with the application for a permit.
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(10) Renewal of License or Permit.
(b) A license renewal fee of five hundred seventy-five dollars ($575.00) shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of one hundred fifty dollars ($150.00) shall be assessed against any applicant who filed for a renewal less than sixty (60) days before the license expires.
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(e) A permit renewal fee of sixty dollars ($60.00) shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of twenty-five dollars ($25.00) shall be assessed against any applicant who files for a renewal less than sixty (60) days before the permit expires.
PART XIX. Subsection 9.31(8) of the Revised Municipal Code of the City of West Allis is hereby amended to read:
9.31 ENTERTAINMENT CLUBS.
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(8) Fees. A non-refundable license fee of two hundred fifty dollars ($250.00) shall be submitted with the application for an entertainment club license.
PART XX. Section 9.33 of the Revised Municipal Code of the City of West Allis is hereby created to read:
9.33 GENERAL PROVISIONS AS TO LICENSES
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(1) Record Check Fee. Whenever a record check search is required prior to the issuance of a City license or permit, the applicant shall pay an additional $7.00 for each personal history search. The City Clerk/Treasurer shall collect the fee at the time the applicant has submitted the license application.
PART XXI . All ordinances or parts of ordinance contravening the provisions of this ordinance are hereby repealed.
PART XXII. This ordinance shall take effect and be in force from January 1, 2010 and after its passage and publication.