City of Madison - File #: 04483

• File #: 04483
• Version: 1
• Name: Prompt judicial review
• Type: Ordinance
• Status: Passed
• File created: 8/30/2006
• In control: COMMON COUNCIL ORGANIZATIONAL COMMITTEE (ended 4/2017)
• On agenda: 10/17/2006
• Final action: 10/17/2006
• Enactment date: 11/2/2006
• Enactment #: ORD-06-00144
• Title: Amending Sections 9.05(3)(e) and 9.05(8)(b), deleting Section 9.05(12), renumbering Sections 9.05(13) to (16), amending Section 9.49(3) and creating Section 9.49(4)(g) of the Madison General Ordinances to remove the administrative appeal of decisions to deny, not renew, revoke, or suspend an adult entertainment license.
• Sponsors: Common Council By Request

Date	Ver.	Action By	Action	Result
10/17/2006	1	COMMON COUNCIL	Adopt	Pass
10/11/2006	1	Finance Dept/Approval Group	Approved Fiscal Note By The Comptroller's Office (AFTER CC INTRO)
10/3/2006	1	COMMON COUNCIL ORGANIZATIONAL COMMITTEE (ended 4/2017)	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
9/5/2006	1	COMMON COUNCIL	Refer
8/30/2006	1	Attorney's Office/Approval Group	Approved As To Form
8/30/2006	1	Attorney's Office	Fiscal Note Required / Approval
8/30/2006	1	Finance Dept/Approval Group	Fiscal Note Pending
8/30/2006	1	Attorney's Office	Referred for Introduction

Fiscal Note
No expenditure is required to enact the Ordinance. There may be some modest future savings of City Attorney staff resources currently required to process appeals, but appeals to date have been rare.
Title
Amending Sections 9.05(3)(e) and 9.05(8)(b), deleting Section 9.05(12), renumbering Sections 9.05(13) to (16), amending Section 9.49(3) and creating Section 9.49(4)(g) of the Madison General Ordinances to remove the administrative appeal of decisions to deny, not renew, revoke, or suspend an adult entertainment license.
Body
DRAFTER'S ANALYSIS: This amendment is intended to address a U.S. Supreme Court decision, City of Littleton, Colorado v. ZJ. Gifts D-4, LLC, 124 S. Ct. 2210 (2004) that narrowed the meaning of "prompt judicial review" in the context of determinations made regarding activities protected by the First Amendment. Prompt judicial review does not mean simply the prompt access to judicial review but prompt access to a judicial decision. Requiring administrative review prior to judicial review puts the existing ordinance at risk of violating the prompt judicial review requirement.
***********************************************************************************
The Common Council of the City of Madison do hereby ordain as follows:
1. Subdivision (e) of Subsection (3) entitled "Application for License" of Section 9.05 entitled "Adult Entertainment Establishments And Adult Entertainment Taverns" of the Madison General Ordinances is amended to read as follows:
"(e) Whenever an application is denied or a license is not renewed, the City Clerk shall advise the applicant in writing of the reasons for such action. If the applicant requests a hearing within ten (10) days of receipt of notification of denial or nonrenewal, a public hearing shall be held within ten (10) days thereafter before the Council. If a public hearing is requested, it shall be held within ten (10) days thereafter before the Council. The Council shall ma...