Fiscal Note
Minimal impact on General Fund revenues.
Title
SUBSTITUTE - Creating Sections 38.03(7) and 38.05(3)(l) and renumbering current Section 38.05(3)(l) to (m) of the Madison General Ordinances to create a provisional retail liquor license.
Body
DRAFTER'S ANALYSIS: This amendment provides the standard by which a provisional license will be issued and allows for an exception in situations where immediate issuance by the City Clerk would be necessary to maintain continuity of business at a particular premise.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subsection (7) entitled "Provisional Retail License" of Section 38.03 entitled "License Classifications" of the Madison General Ordinances is created to read as follows:
"(7) Provisional Retail License. A provisional retail license for Class "A", Class "B", "Class A", "Class B", or "Class C" establishments may be issued by the Madison City Clerk only to a person who has applied and been approved for by the Alcohol License Review Committee, for a Class "A", Class "B", "Class A", "Class B" or "Class C" license and authorizes only the activities that the type of retail license applied for authorizes. The fee for a provisional retail license is fifteen dollars ($15)."
2. New Subdivision (l) entitled "Provisional Retail License" of Subsection (3) entitled "Application for Licenses" of Section 38.05 entitled "General Licensing Requirements" of the Madison General Ordinances is created to read as follows:
"(l) Provisional Retail License.
1. The City Clerk may issue a provisional retail license to an applicant for a Class "A", Class "B", "Class A", "Class B", or "Class C" license, which authorizes only the activity allowed by the type of license applied for, if the Alcohol License Review Committee approves the applicant's regular license application and that applicant meets all licensing requirements set forth in this section. A provisional retail license may be issued only upon the Clerk's determination that the applicant qualifies for the type of license applied for and upon payment of both the fee for the provisional retail license and the cost of publication for the type of retail license applied for.
2. Only one provisional retail license may be issued to an applicant per calendar year for each type of license.
3. The Clerk may revoke a provisional license at any time if he or she discovers the license holder made a false statement on the application. Otherwise, the provisional license expires sixty (60) days after issuance or upon issuance or denial by the Common Council of the Class "A", Class "B", "Class A", "Class B", or "Class C" license, whichever occurs sooner. A provisional license may not be renewed.
4. The Clerk may not issue a provisional "Class B" license if the municipality's quota under s. 125.51(4), Wis. Stats., prohibits the municipality from issuing a "Class B" license."
5. Exception. The Clerk may issue a provisional license, prior to approval by the Alcohol License Review Committee of a regular retail license application, which authorizes only the activity allowed by the type of license applied for under the following circumstance: if the applicant has applied and paid for the cost of publication for the type of retail license applied for, has paid the license fee for both the provisional and the regular license, is qualified to hold the type of license applied for, and is applying for the provisional license to maintain continuity of an existing business that held a retail liquor license issued by the City of Madison Clerk. The applicant must provide the Clerk with proof of control and/or occupancy of the premises at which the provisional license will be issued before the Clerk will issue the provisional license."
3. Current Subdivision (l) entitled " Refusals to Issue New License or Permit" of Subsection (3) entitled "Application for Licenses" of Section 38.05 entitled "General Licensing Requirements" of the Madison General Ordinances is renumbered to Subdivision (m).