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ORD20001022AMENDED -ORDINANCE #lo22 COMMON COUNCIL - CITY OF MUSKEGO AN ORDINANCE TO AMEND CHAPTER 12, TO REPEAL AND RECREATE SECTION 12.01(7)(d) OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (License Quota) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DOES ORDAIN AS FOLLOWS: SECTION 1 - Chapter 12, Section 12.01 (7)(d) of the Municipal Code is hereby repealed and recreated to read as follows: I (d) License Quota, , 1 Class "A' Fermented Malt Beverage License. Class "A' Fermented Malt Beverage Licenses shall be issued on the basis of the most recent estimated population received by the City as determined by the Wisconsin Department of Administration Population Estimates forwarded annually to the City of Muskego. Licenses shall be available for issue based on one (1) license per 1,350 population or fraction thereof over 1,350 within any license year, except no person licensed under a Class "A' retail fermented malt beverage license shall be deprived of such license merely because of the quota. 2. "Class A' Retail Liquor Licenses. "Class A' Retail Liquor Licenses shall be issued on the basis of the most recent estimated population received by the City as determined by the Wisconsin Department of Administration Population Estimates forwarded annually to the City of Muskego. Licenses shall be available for issue based on one (1) license per 2,100 population or fraction thereof over 2,100 within any license year, except no person licensed under a "Class A' Retail Liquor License shall be deprived of such license merely because of the quota. 3. Class "B' Retail Fermented Malt Beverage Licenses. No more than 43 Class "B" Fermented Malt Beverage Licenses shall be issued within any license year 4. "Class B Retail Liquor Licenses. The quota is based on the number of "Class B" Retail Liquor Licenses granted or issued in good faith and in force on December 1, 1997 in accordance with Section 125.51 (4)(b)lg, Wisconsin Statutes plus the number of reserve "Class B" retail liquor licenses determined in accordance with Section 125.51 (4)(br), Wisconsin Statutes. The number of reserve "Class B" retail liquor licenses increases in accordance with Section 125.51 (4)(br)2. (Ord. #976, 1-21 -99) The quota is not reduced because all available "Class B" licenses are not issued for one or more licensing years. (Ord. #976, 1-21-99) Ord. #I 022 * _x 5. "Class C" Wine Licenses. "Class C" Wine Licenses shall be issued on the basis of the most recent estimated population received by the City as determined by the Wisconsin Department of Administration Population Estimates forwarded annually to the City of Muskego. Licenses shall be available for issue based on one (1) license per 2,100 population or fraction thereof over 2,100 within any license year, except that no person licensed under a "Class C" Wine License shall be deprived of such license merely because of the quota. SECTION 3: The several sections of this Ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the Ordinance which shall remain in full force and effect. Any other Ordinance whose terms are in conflict with the provisions of this Ordinance are hereby repealed as to those terms that conflict. SECTION 4: This Ordinance shall be in full force and effect from and after its passage and publication. 0 PASSED AND APPROVED THIS 2aTH DAY OF MARCH , 2000. David L. De Angelis, Mayor ATTEST. First reading: 3/14/2000 Published this gTH day of April, 2000. STATE OF WISCONSIN) Milwaukee County 1 ) ss. COMMON . Ci?Y OF MUSKEGO AN ORDINANCE TO AMEND CHAPTER 12. CE 61022 TO REPEAL AND RECREATE OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO ~ ~ ~~~~ * SECTlON 12.01(7l(dl [License Quota1 MUSKEGO. WISCONSIN DOES ORDAIN AS THE COMMON COUNCIL OF THE CITY OF FOLLOWS: the Municipal Code is hereby repealed and recreat- SECTION 1 -Chapter 12. Section 12.01(11(dl of ed to read as follows: (dl Lncense Quota. Class "A Fermented Malt Beverege Licenses shall 1. Class "A Fermented Malt Beverage License. be issued on the basis of the most recent estimated population received by the City as determined by the Wisconsin Department ofAdministrat8on Pop". lation Estimates forwarded nnnually to the City of Muskego. Licenses shall~be available for issue based on one (11 license per 1.350 population or fraction thereof over 1,350 within any license year. except no person licensed under a Class "A retail rPrmented malt beveraee license shall be depnved Suzanne Sobczyk being duly sworn, doth depose and sa;+ that she is an authorized representative of The MUSKEGO SUN, a newspaper published at MUSKEGO. Wisconsin and that an advertisement of which the annexed is a true copy, taken from the said paper, was published therein on ., " '1 .. .. ... ............. ..... ...... ..................... THE SUN