HomeMy WebLinkAbout35280 / 89-552 March 16 , 1989 6 552 ORDINANCE
FIAST FEADING
(CARRIED ______ LOST ______ LAID OVEF ______ WITHDRAWN ______)
PUAPOSE: AMEND ALCOHOL LICENSE PAOCEDURES
INITIATED BY: CITY CLERK
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 4-5(A)
(B) AND (C ) � 4-6 (B) AND (C ) , 4 -7 (A) , (C) AND ( J) , 4 -35 AND 4-36 (B)
AND (C) OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ALCOHOL BEVERAGE
LICENSF.S .
The Common Council of the City of Oshkosh do ordain as follows :
SECTION 1 . That Section 4-5(A) of the Oshkosh Munlcipal Cotle
pertainir.g to the application form for an alcohol license is
repealed and recreated to read as follows :
(A) F4Cm
Applications for a lice�se to sell or deal in intoxicating
liquor shall be made in writing on the form prescribed by
law, and shall be sworn to by the applicant , as provided
by Sections 125.01 and 125.04 of the Wisconsin Statutes ,
and shall be filed with the City Clerk not less than
fifteen ( 15) days prior to the grantin6 of such license .
SECTION 2. That Sectio� 4-5�8) of the Oshkosh Piunicipal Code
pertaining to the time for filing the application for an alcohol
license is amended by deleting the Five Dollar per day fee for late
filinQ of renewal applications or payment of renewal fees .
SECTION 3• That Section A-S�C) of the Oshkosh Municipal Co�e
relettered as subsection (D) Publication and that �ew Section 4-5(C)
of the Oshkosh Municipal Cotle pertaining to payment of fees is
created to read as follows :
�C) PdYmflQ� 4L �l�£Q@€ Fgg
No license for the sale of alcohol beverages may be
tlelivered to the applicant until the applicant files with
the City Clerk a receipt showing payment of the prescribed
license fee to the Treasurer. The applicant shall pay the
prescribed license fee at least fifteen (15) days prior to the
date the license is to be issued.
n;.:?T'CI'�.D BY
_ � _ I �L 1'_� �
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- 14arch 16 , 1989 #552 Cont �d .
SECTION 4. That Section 4-6(B) of the Oshkosh Municipal Code
pertaining to Council approval is repealed a�d recreated to read as
follows :
(B) APPL4Y31 pY �4LLa�1�
The City Cou�cil may, upon the applicant's completion of
all prescribed procedures� grant the license. If the
Council decides not to grant a new license under this
Chapter, it shall notify the applicant in writing of the
decision and the reason(s) therefor. If the Couneil
decides not to grant a renewal of the license for the
reasons therein enumerated , the provisions of Section
125 . 12 of the Wisconsin Statutes shall apply .
SECTION 5. That Section 4-6(C) of the Oshkosh Municipal Code
pertaining to appearance before the City Council is repealed and
reereated to read as follows :
(C ) ARPE.3L3II4E. hgf4L€ �4L�R41,1
Unless notified otherwise , all first-time applicants for
the license need not appear i� person before the City
Council provided a completed questionaire is presented to
the Council with the requisite application .
SECTION 6. That Section 4-7(A) of the Oshkosh Municipal Code
pertaining to qualifications of licensee is repealed a�d recreated
to read as follows :
(n) Q��iifisaS.inn�. nf L14EP�€€
A license may be issued under this Chapter only to a
perso❑ who :
( 1 ) does not have an arrest or conviction record � subject
to Sections 111 .321 , 111.322 and 111 .335 of the Wisconsin
Statutes ; a�d
(a) No license or permit related to alcohol
beverages, subject to Sections 111 .3Z1 , 111.3ZZ and
111.335 of the wisconsin Statutes� may be issuetl
under this Chapter to any person who has habitually
been a law offender or has been convicted of a felony
unless the person has Oeen duly pardoned .
(2) has been a resident of the State of Wisconsi�
co�tinuously for at least ninety (90) days prior to the
date of application ; and
( 3 ) has attained the legal drinking age .
(a) Operator licenses, issued pursuant to Sections
4- 12 and 4-45 of this Chapter may be issued only to
applicants who have attainetl the age of 18 .
_ g _
. March 16 � 1989 #552 -- Co�t �d .
SECTION 7. That Sections 4-7(C) and (J) of the Oshkosh
Municipal Code pertaining to minors and stateme�ts to be filed with
the City Clerk are repealed .
SECTZON 8. That Section 4-35 of the Oshkosh Municipal Code
pertai�ing to approval of application is repealed and recreated to
read as folloNS :
SECTION 4-35 • APPROVAL OF APPLICATION
The City Council may, upon the applicant's completio❑ of
all preseribed procedures , grant the lice�se. If the
Council decides not to �rant a new lice�se under this
Chapter, it shall notify the applicant in writing of the
decision and the reason(s) therefor. If the Council
decides not to grant a renewal of the license for the
reasons therein enumerated , the provisions of Section
125 .12 of the Wisconsin Statutes shall apply .
SECTION 9• That Sections 4-36(B) and (C) of the Oshkosh
Mu�icipal Code pertaining to appearances before Council are repealed
and Section 4-36(B) of the Oshkosh Municipal Code is created to read
as follows :
(a) 9eeaaranca B€f4L9 �sauai?
Onless notified otherwise , all first-time applicants for
the license need not appear in person before the City
Council provided a completed questionaire is presented to
the Council with Lhe requisite application .
SECTION 10. This ordinance shall be in full foree and effect
from and after its passage and publication .
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