Sponsor
Aldermen Maack and Helding
Title
Ordinance No. 42-06
To create Sec. 6-59 of the Municipal Code of the City of Racine, Wisconsin relating to Alcoholic beverages - Grant of conditional license.
The Common Council of the City of Racine do ordain as follows:
Part 1:
Section 6-59 of the Municipal Code of the City of Racine is hereby created to read as follows:
“Sec. 6-59. Grant of conditional license.
(a) Notwithstanding the time limits set forth herein, whenever the proposed licensed premises is a building to be newly constructed or an existing building upon which major alteration, addition, renovation or other similar work is required in order to bring the premises in conformity with the representations made to the common council as part of the application and consideration of the application, the common council, upon recommendation of the Public Safety and Licensing Committee, may grant a license conditional upon the satisfactory completion of such construction, alteration, addition, renovation or other work, or such annexation.
(b) The Common Council, in making such a conditional grant of a license, may direct the city clerk to withhold the issuance of the license for such time, not to exceed nine (9) months, as the common council deems a reasonable period for completion of such work in conformity with all such representations made to the common council, and/or completion of the annexation. Upon request of the applicant, this period may be extended for an additional period not to exceed six (6) months, and the license may be renewed one time with issuance withheld, but no such extension shall be granted unless the applicant has already completed a substantial portion of the construction or renovation of the premises with the original time set by the common council for withholding of the issuance of the license pending completion of the work. The common council may further require the applicant to notify the city clerk upon completion of the work, after which the common council shall cause such inspection of the premises as it deems appropriate to ascertain that the premises is in conformity with all material representations made to the common council at the time of the granting of the license. Upon satisfactory completion of the work, the common council may direct the city clerk to issue the license.
(c) Any material failure to conform with all such representations made to the Common Council as to the proposed licensed premises within the time set for completion of such work and any extensions of such time shall render the decision to grant the license void, and shall be deemed a denial of the application by the common council as of the expiration of the time or extended time for completion of construction.
(d) In any case where there is a conditional grant of license, and the license is ordered withheld for a time period or periods to allow for construction, and the applicant subsequently fails to satisfy the conditions of the grant of the license by satisfactory completion of such construction within the allotted time, the entirety of the license fee shall be non-refundable.”
Part 2:
This ordinance shall take effect upon passage and the day after publication.
Passed by the Common Council:
__________________________
Approved: ________________
__________________________
Mayor
Attest: ____________________
City Clerk
Fiscal Note: N/A