Fiscal Note
No fiscal impact is anticipated as a result of this ordinance change.
Title
Amending Section 38.10(1)(ar) of the Madison General Ordinances relating to the issuance of a summons in retail alcohol beverage license revocation or suspension actions.
Body
DRAFTER'S ANALYSIS: Under current law, if the Office of the City Attorney commences a license disciplinary action before the Alcohol License Review Committee, the City Attorney must formally request that the Common Council issue a summons to the licensee. This formal requirement adds weeks to the disciplinary process even though the issuance of the summons is a ministerial act and has not been controversial in the past. This proposal provides that if the Office of the City Attorney finds cause that a retail alcohol beverage license should be suspended or revoked, and files a complaint to do so, then the Clerk is authorized by the Common Council to issue a summons. The proposal also provides that a summons may be issued by the Alcohol License Review Committee, as permitted under Sec. 125.12(1)(ar), Wis. Stats. The proposal also clarifies that the parties to a license suspension or revocation proceeding may, by mutual consent, hold the initial hearing more than 10 days after the date of issuance. However, the initial hearing may not be delayed more than 30 days without the consent of the Alcohol License Review Committee. In practice, the initial hearing may need to be delayed because of the unavailability of witnesses or at the licensee’s request, in order to hire legal counsel and prepare a defense to the action.
*********************************************************************************** ...
Click here for full text