Number
030511
Version
SUBSTITUTE 3
Reference
Sponsor
ALD. BOHL, D'AMATO, MURPHY, DAVIS, GORDON, HENNINGSEN, WADE, SANCHEZ, WITKOWSKI, JOHNSON-ODOM, DONOVAN, BREIER AND RICHARDS
Title
A substitute ordinance regulating certain 24-hour establishments.
Sections
81-129.7 cr
84-7 cr
295-503-2-j-3 am
295-603-2-i-2 am
295-803-2-t-3 rp
295-903-2-b-3-d am
295-905-2-b-6-b am
295-905-2-b-4 rc
Analysis
This ordinance creates a requirement that all convenience stores, filling stations, personal service establishments and restaurants wishing to operate between 12 a.m. and 5 a.m. apply for and receive licenses from the city. It creates a set of standards and procedures for the granting, denial, renewal, non-renewal and revocation of these licenses. A 24-hour establishment license shall not be required of licensed class "B" alcohol beverage premises during those hours when class "B" alcohol beverage premises are permitted to be open. The annual fee for a 24-hour establishment license shall be $190.
Section 295-201-451 of the code of ordinances defines a personal service establishment as: "
an establishment providing services which are of a recurring and personal nature to individuals. This term includes, but is not limited to, a barber shop, beauty salon, shoe repair shop, seamstress, tailor, fortune teller, tanning salon, massage establishment, body piercing establishment or tattoo establishment . This term does not include a portrait studio, dry cleaning establishment, laundromat, photocopy center, health club or repair shop for household items." Further, this ordinance shall not apply to licensed massage establishments licensed pursuant to s. 75-21.
All 24-hour establishments in operation as of the effective date of this ordinance shall be required to comply with its provisions no later than May 1, 2004.
Further, this ordinance deletes certain provisions of the zoning code that regulate the hours of operation of convenience stores, filling stations, personal service establishments and restaurants as a matter of use.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 81-129.7 of the code is created to read:
81-129.7. Twenty-four-hour Establishments.
1. Each 24-hour establishment license shall be issued for a period of one year beginning on May 1 and ending on the following April 30.
2. The fee for each license shall be $190.
3. If an applicant is not granted a license, a portion of the license fee shall be returned to the applicant in the amount of $50 upon the surrender of the deposit receipt certified by the city clerk, provided that the certified deposit receipt is surrendered no later than one year after the date of license denial.
4. License renewal applications shall be filed no later than March 1. There shall be an additional fee for the filing of a late renewal application in the amount of $35.
(See s. 84-7.)
Part 2. Section 84-7 of the code is created to read:
84-7. Twenty-four-hour Establishments.
1. FINDINGS. The common council finds that certain businesses, when open in the early morning hours, have a tendency to become attractive nuisances, generating noise, congregations of people, traffic congestion and litter, and may provide an environment in which other offenses can occur. Moreover, it is the experience of the city of Milwaukee that these businesses - convenience stores, filling stations, personal service establishments and restaurants - when open between the hours of 12 a.m. and 5 a.m., if unregulated, threaten to place an inordinate burden on the public safety resources of the city and its taxpayers. This section is enacted pursuant to the common council's authority to provide for the health, safety and welfare of the residents of the city of Milwaukee.
2. DEFINITIONS. In this section:
a. "Convenience store" shall have the meaning set forth in s. 68-4.3-1-a.
b. "Filling station" shall have the meaning set forth in s. 295-201-189.
c. "Personal service establishment" shall have the meaning set forth in s. 295-201-451, but, for the purposes of this section shall not include licensed massage establishments licensed pursuant to s. 75-21.
d. "Restaurant" shall have the meaning set forth in both s. 295-201-499 and 501.
e. "24-hour establishment" shall mean any convenience store, filling station, personal service establishment or restaurant open at any time between the hours of 12 a.m. and 5 a.m.
3. LICENSE REQUIRED. No convenience store, filling station, personal service establishment or restaurant shall be open between the hours of 12 a.m. and 5 a.m. without first applying for and receiving a license as provided in this section.
4. EXEMPTIONS. This section shall not apply to premises holding class "B" alcohol beverage licenses during those hours during which class "B" premises may be open.
5. APPLICATION. a. Application for a 24-hour establishment license shall be filed with the city clerk on a form provided therefore. The application shall be signed by the applicant, if an individual, or by a duly authorized agent or officer of a corporation or limited liability corporation, and sworn to by the applicant.
b. The application shall require:
b-1. The name and home address of the applicant.
b-2. The name and address of the premise for which the license is to be granted, including the aldermanic district in which it is situated.
b-3. The name and home address of the person owning the premises for which the license is to be granted.
b-4. If the applicant is a corporation, the name of the corporation shall be set forth exactly as it is set forth in its articles of incorporation, together with the names and home address of each of its officers, directors and designated managers, if any. The application shall be verified by an officer of the corporation. If one or more of the officers is a corporation, the provisions of this section pertaining to a corporate applicant shall apply to the corporate officers.
b-5. If the applicant is a partnership, the application shall set forth the name and home address of each of the partners, including limited partners, and the application shall be verified by each partner. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply to the corporate partners.
b-6. If the applicant is a club, association or other organization which is neither a corporation or partnership, the application shall set forth the exact name of the entity together with the names and home addresses of all officers and be verified by an officer of the club, association or organization.
b-7. All convictions, including ordinance violations exclusive of traffic violations, with a brief statement of the nature of the convictions and the jurisdiction in which the conviction occurred.
b-8. The date of birth of the applicant.
b-9. Whether the applicant has prior to the date of application been licensed to conduct a 24-hour establishment in this city and the location of such establishment, if any.
b-10. A completed plan of operation on a form provided therefore by the city clerk. The plan of operation shall require:
b-10-a. The planned hours of operation for the premises.
b-10-b. The number of patrons expected on a daily basis at the premises.
b-10-c. If the premises for which the license is sought is a restaurant, the legal capacity of the premises.
b-10-d. If the premises for which the license is sought is a personal service establishment or a restaurant, the number of off-street parking spaces available at the premises.
b-10-e. What plans, if any, the applicant has to provide security for the premises.
b-10-f. What plans, if any, the applicant has to insure the orderly appearance and operation of the premises with respect to litter and noise.
b-10-g. Any other licenses held by the applicant or attached to the premises.
b-11. Such other reasonable and pertinent information the common council or the proper licensing committee may from time to time require.
c. Post office box numbers shall not be acceptable for addresses required on applications for 24-hour establishment licenses.
d. All applicants shall be fingerprinted. If the applicant is a corporation, the agent, and all officers and directors as well as stockholders owning 20% or more of the stock of the corporation shall be fingerprinted. If the applicant is a partnership, each partner shall be fingerprinted. This requirement shall not apply to a person already licensed by the city when that person is renewing the license. The fingerprinting requirement shall also not apply to the officers and directors of nonprofit corporations which apply for a license, except that the fingerprinting requirement shall apply to the agent of such corporations. If a set of fingerprints is on file with the police department, an additional set shall not be required unless expressly requested by the police department for purposes of verification.
e. The building owner or applicant shall file with the license application a valid occupancy certificate issued by the commissioner of city development for the operation of the premises
6. CHANGES TO BE REPORTED. A licensee shall notify the city clerk whenever there is a change in any information that is reported in the application form or renewal application form. The licensee shall make this notification in writing within 5 days after the change occurs.
7. FEE. All applications shall be accompanied by the fee specified in s. 81-129.7.
8. QUALIFICATIONS. No 24-hour establishment license shall be granted to any persons or agents of corporations or limited liability corporations who are not 18 years of age or older and residents of the state of Wisconsin.
9. DISQUALIFICATION.
a. Whenever an applicant for a new 24-hour establishment license has had his or her application denied for a reason relating to the fitness of the location of the premises to be licensed, no other application for a 24-hour establishment license for such location shall be recommended for approval by the utilities and licenses committee within 2 years of the date of the denial unless the applicant has demonstrated a change of circumstances since the prior denial. Before the committee considers any such application, the applicant shall file with the city clerk a written statement setting forth the change in circumstances relating to the fitness of the location of the proposed licensed premises since the prior denial. In considering whether changed circumstances exist, the committee shall consider, among other factors:
a-1. A change in the type of license sought by an applicant.
a-2. A change in the number of licensed 24-hour establishments in the neighborhood.
a-3. A change in zoning applicable to the subject property.
a-4. New developments of land uses in the vicinity of the subject property.
b. Whenever an application accompanied by a written statement of changed circumstances is filed, the committee shall hold a hearing to determine if changed circumstances exist . At the hearing, testimony shall be limited to that of the applicant and the applicant's attorney with respect to demonstration of a change in circumstances. If the committee determines that the applicant has failed to demonstrate that a sufficient change in circumstances exists to justify a new hearing on the merits, the committee shall recommend that the application be denied. If the committee determines that a sufficient change in circumstances has been demonstrated to justify a new hearing on the merits, the committee shall schedule a separate hearing on whether the application should be recommended for approval or denial.
10. ISSUANCE. a. Applications shall be referred to the chief of police, the commissioner of neighborhood services and the commissioner of health who shall cause an investigation to be made and report their findings to the licensing committee. If no objection is filed to an application, the license shall be forwarded to the common council for approval. If an objection is filed to an application, the license shall be forwarded to the licensing committee for its recommendation as to whether or not each license should be issued.
b. If there is a possibility of denial, no hearing shall be heard unless the city clerk's office has provided written notice to the applicant. The notice shall be served upon the applicant so that the applicant has at least 3 days' notice of the hearing. The notice shall contain:
b-1. The date, time and place of the hearing.
b-2. A statement to the effect that the possibility of denial of the license application exists and the reasons for possible denial.
b-3. A statement that an opportunity will be given to the applicant to respond to and challenge any reason for denial and to present witnesses under oath and to confront and cross-examine opposing witnesses under oath.
b-4. A statement that the applicant may be represented by an attorney of the applicant's choice at the applicant's expense, if the applicant so wishes.
c. If there is a possibility of denial, at the hearing the committee chair shall open the meeting by stating that a notice was sent and read the notice into the record unless the applicant admits notice. The chair shall advise the applicant that the applicant has an option to proceed with a due process hearing, represented by counsel, with all testimony both direct and cross-examination under oath, or that the applicant may simply make a statement to the committee.
d. A due process hearing shall be conducted in the following manner:
d-1. All witnesses will be sworn in.
d-2. The chair shall ask those opposed to the granting of the license to proceed first.
d-3. The applicant shall be permitted an opportunity to cross- examine.
d-4. After the conclusion of the opponent's testimony, the applicant shall be permitted to present the applicant's own witnesses, subject to cross-examination.
d-5. Committee members may ask questions of witnesses.
d-6. Both proponents and opponents shall be permitted a brief summary statement.
e. The recommendations of the committee regarding the applicant must be based on evidence presented at the hearing. Probative evidence concerning whether or not the license should be granted may be presented on the following subjects:
e-1. Whether or not the applicant meets the municipal requirements.
e-2. Whether or not the applicant has been charged with or convicted of any felony, misdemeanor, municipal offense or other offense, the circumstances of which substantially relate to the licensed activity.
e-3 The appropriateness of the location and premises to be licensed. Probative evidence relating to these matters may be taken from the plan of operations submitted pursuant to sub. 5-b-10.
e-4. Whether there is an over concentration of businesses licensed under this section in the neighborhood such that the concentration will have an adverse impact upon the public health, safety and welfare of the neighborhood. Among factors to be considered in terms of impact are litter, noise and traffic.
e-5. Any other factors which reasonably relate to the public health, safety and welfare.
f. The committee may make a recommendation immediately following the hearing or at a later date. Written notice of the committee's decision will be provided if the decision is made at a later date or if the applicant was not present or represented. The committee shall forward its recommendation in writing to the common council for vote at the next meeting at which such matter will be considered.
11. TRANSFER OF LICENSE OR CHANGE OF NAME.
a. No license shall be transferable whether as to licensee or location except as herein provided.
b. Every license issued under this section may be transferred from one premises to another within the city, upon payment of the fees required in s. 81-129.7-2, but no licensee shall be entitled to more than one transfer in any one license year. The application and proceedings for such transfer shall be made in the same form and manner as the original application.
c The city clerk is authorized to change the names on 24-hour establishment licenses in such instances as death in the family, marriages and divorces where the award is by court decree; and where such name change will not transfer the license outside the family.
d. In case of death of the licensee, the license may, in the discretion of the common council, be transferred to the executor, administrator or next of kin of the deceased licensee. In such event, the executor, administrator or next of kin of the deceased licensee shall report the death of the original licensee to the city clerk, together with the name and address of the person by whom such licensed business is to be conducted. The transfer of a license under such circumstances may be made only if it is approved by the common council and the new licensee is in full compliance with the provisions of this section. In the case of the death or withdrawal of one or more members of a partnership to which a license has been issued, the city clerk shall upon request permit the remaining partner or partners to operate the business for the remainder of the license year.
e. If a licensee becomes disabled, the common council may, in its discretion and upon application, transfer the license to the licensee's spouse if that spouse may hold a license pursuant to this section and complies with all requirements of this section applicable to original applicants, except that the spouse is exempt from payment of the license fee.
f. If any licensee becomes bankrupt or makes an assignment for the benefit of creditors, the receiver or creditor may continue or sell said business. The transfer of a license under such circumstances may be made only if it is approved by the common council and the new licensee is in full compliance with the provisions of this section.
g. The transfer of stock in any corporate licensee shall be reported to the city clerk within 48 hours. The transfer of corporate stock shall not require the payment of any transfer of license fee.
12. RENEWAL. a. Procedure for Renewal. Applications for renewal shall be made to the city clerk. The clerk shall refer the application to the chief of police, the commissioner of neighborhood services and the commissioner of health for review. If all 3 indicate that the applicant still meets the licensing qualifications, the application shall be referred to the common council for approval unless a written objection has been filed with the city clerk at least 45 days prior to the date on which the license expires. This objection may be filed by any interested person. If a written objection is filed, or if a determination is made that the applicant no longer meets the licensing qualifications, the application shall be forwarded to the licensing committee for its recommendation to the common council.
b. Procedure for Non-Renewal.
b-1. If there is a possibility that the committee will not renew a license, a motion should be entertained to hold the application in committee and instruct the city clerk to forward proper notice to the applicant, unless such proper notice has already been sent, in which case the hearing shall proceed.
b-2. Prior to the date set for the hearing, the city clerk's office shall forward notice to the applicant which shall contain:
b-2-a. The date, time and place of the hearing.
b-2-b. A statement of the common council's intention not to renew the license in the event any objections to renewal are found to be true.
b-2-c. A statement of the reasons for possible non-renewal.
b-2-d. A statement that an opportunity will be given to respond to and challenge such reasons for non-renewal and to present witnesses under oath and to confront and cross-examine opposing witnesses under oath.
b-2-e. A statement that the applicant may be represented by counsel at the applicant's expense, if the applicant so wishes.
c. Hearings. All hearings held and committee recommendations prepared pursuant to this subsection shall be conducted as set forth in sub. 14.
d. Disqualification. Whenever any license is denied renewal, it shall be entered on the record by the city clerk and no 24-hour establishment license shall be granted to the same person for a period of 12 months following the date of non-renewal.
e. Surrender. When any license is surrendered in lieu of a pending non-renewal proceeding, no 24-hour establishment license shall be granted to the same person at that same location for a period of 12 months following the date of its surrender.
13. REVOCATION OF LICENSES. a. Any license issued under this section may be revoked for cause by the common council after notice to the licensee and a hearing.
b. Revocation proceedings may be instituted by the licensing committee upon its own motion, or upon sworn written charges made and filed with the city clerk by the chief of police, the commissioner of health, the commissioner of neighborhood services or upon a sworn written complaint filed with the city clerk by any city resident.
c. Whenever either sworn written charges or a sworn written complaint are filed with the city clerk setting forth specific charges against a licensee involving conduct taking place between 12 a.m. and 5 a.m. which would violate ordinances that are grounds for revocation of a license, the city clerk shall issue notice to the licensee. The notice shall be served upon the licensee so that the licensee has at least 3 days' notice of the hearing. The notice shall contain:
c-1. The date, time and place of the hearing.
c-2. A statement to the effect that the possibility of revocation of the license exists and the reasons for possible revocation.
c-3. A statement that an opportunity will be given to the applicant to respond to and challenge any reason for revocation and to present witnesses under oath and to confront and cross-examine opposing witnesses under oath.
c-4. A statement that the licensee may be represented by counsel at the licensee's expense, if the licensee so wishes.
d. The licensing committee shall convene at the date and time designated in the notice for the purpose of taking evidence and making findings of fact and conclusions of law and a recommendation to the common council in connection with the proposed revocation.
e. If the licensee appears before the committee at the time designated in the notice and denies the charges contained in the complaint, an evidentiary hearing in connection with the revocation shall be conducted by the committee at that time. If the licensee does not appear, or appears but does not deny the charges contained in the complaint, the complaint shall be taken as true and the committee shall hear the arguments of the complaints and the licensee in connection with the revocation.
f. All hearings held and committee recommendations prepared pursuant to this subsection shall be conducted as set forth in sub 14.
14. HEARING PROCEDURE. a. Authority of Licensing Committee. The licensing committee shall conduct hearings with respect to the non-renewal or revocation of a license pursuant to this subsection. The chair of the committee shall be the presiding officer.
b. Committee Hearing Procedure.
b-1. The chair shall direct that oaths be administered and subpoenas issued upon request of either side.
b-2. The chair shall ensure that an orderly hearing is conducted in accordance with the requirements of this subsection.
b-3. The chair shall rule on objections to the admissibility of evidence. Any ruling of the chair shall be final unless appealed to the committee, and the committee shall reverse such ruling only upon the vote of a majority of its members.
b-4. At all stages of the proceedings before the committee or before the common council, the licensee shall be entitled to appear both in person and by counsel.
c. Record. A stenographic record shall be made of all proceedings before the committee and before the common council when written exceptions have been filed. Any interested party may at any stage of the proceedings order a copy of the transcript of the record or portions thereof at his or her own expense.
d. Grounds for Non-Renewal or Revocation. The recommendation of the committee regarding the licensee shall be based on evidence presented at the hearing. Probative evidence concerning non-renewal or revocation may include evidence of:
d-1. Failure of the licensee to meet the municipal qualifications.
d-2. Pending charges against or the conviction of any felony, misdemeanor, municipal offense or other offense, the circumstances of which substantially relate to the circumstances of the particular licensed activity, by the licensee or by any employe of the licensee.
d-3. The licensed premise, between the hours of 12 a.m. and 5 a.m., having been the source of congregations of persons which have resulted in one or more of the following:
d-3-a. Disturbance of the peace.
d-3-b. Illegal drug activity.
d-3-c. Public drunkenness.
d-3-d. Drinking in public.
d-3-e. Harassment of passers-by.
d-3-f. Gambling.
d-3-g. Prostitution.
d-3-h. Sale of stolen goods.
d-3-i. Public urination.
d-3-j. Theft.
d-3-k. Assaults.
d-3-L. Battery.
d-3-m. Acts of vandalism, including graffiti.
d-3-n. Excessive littering.
d-3-o. Loitering.
d-3-p. Illegal parking.
d-3-q. Loud noise at times when the licensed premise is open for business.
d-3-r. Traffic violations.
d-3-s. Curfew violations.
d-3-t. Lewd conduct.
d-3-u. Display of materials harmful to minors, pursuant to s. 106-9.6.
d-4. Any other factor or factors which reasonably relate to the public health, safety and welfare.
e. Committee Report. The committee may make a recommendation immediately following the hearing or at a later date. The committee may recommend that the license be renewed, not renewed or revoked. All revocations shall be effective upon service of notice of the non-renewal or revocation upon the licensee or person in charge of the premises at the time of service.
f. Council Action.
f-1. Within 10 working days after it reaches a decision, the committee shall prepare and serve a report and recommendation on the licensee. The report and recommendations shall include specific findings of fact and conclusions of law made by the committee. The report shall be distributed to each member of the common council.
f-2. If the committee recommends that the license not be renewed or be revoked, then within 7 days of the receipt of the report and recommendation of the committee, the licensee may file written exceptions to the report and recommendations of the committee.
f-3. Any exceptions filed by the licensee to the report and recommendations of the committee shall be provided to each member of the common council at least 24 hours before any vote on the question is scheduled before the common council.
f-4. At a meeting of the common council following the receipt of the report and recommendations of the committee, the common council shall consider the report and recommendation. Not less than 5 days prior to the hearing before the common council, the city clerk shall notify the licensee and complainant by certified mail and also notify the city attorney that the common council will convene. Each member of the common council shall be asked to affirm that he or she has read the report and recommendation of the committee. When written exceptions are filed to a committee report and recommendation that the license be revoked or not renewed, each member of the common council shall be asked to affirm that he or she has read the exceptions. If members of the council have not read the recommendation and report of the committee and any exceptions that have been filed thereto, the chair shall allocate time for the members to do so. Oral argument in support of the report and recommendation presented by the city attorney, oral argument on behalf of the licensee in opposition to the report and recommendation and oral argument by the complainant objecting to the report and recommendation shall be permitted only at the discretion of the chair. If argument is permitted by the chair, argument shall be limited to 5 minutes and the arguments shall be limited to the subject matter of the report and recommendation and the written exceptions. Licensees shall appear only in person or by counsel. Complainants shall appear only in person or by counsel. Any person making an appearance before the council pursuant to this subsection and who requires the services of an interpreter shall obtain one at his or her own expense.
f-5. The common council shall determine by a majority vote of those in attendance and voting whether to adopt the recommendation of the committee. The vote shall be a roll call vote. If the common council finds the complaint to be true, or if there is no objection to a report recommending non-renewal or revocation with the committee's report and recommendation, the city clerk shall give notice of each non-renewal or revocation to the person whose license is not renewed or revoked. If the common council finds the complaint to be untrue, the proceedings shall be dismissed without cost to the accused. If the common council finds the complaint to be malicious and without probable cause, the cost shall be paid by the complainant upon invoice from the city.
15. REQUEST TO SURRENDER A LICENSE. If a licensee wishes to surrender his or her license after receiving a notice for a hearing on non-renewal or revocation, the licensee must request, in writing, permission from the licensing committee to do so prior to the commencement of the hearing. The committee may approve the request, or deny the request and proceed with the hearing.
16. PENALTY. Any person who violates any of the provisions of this section shall, upon conviction, be subject to a forfeiture of not more than $1,000 and, in default thereof, shall be imprisoned in the house of corrections for a period not to exceed 40 days.
295-503. Uses.
2. IITED USE STANDARDS.
j. Specialty or Personal Instruction School, General Office, Government Office, Bank or Other Financial Institution, General Retail Establishment, Artist Studio, Medical Office, Personal Service, Business Service, Catering Service, Funeral Home, Laundromat, Dry Cleaning Establishment, Sit-down Restaurant or Fast-food/Carry-out Restaurant.
j-3. The use shall not operate between the hours of 10 p.m. and 6 a.m. >>This provision shall not apply to a personal service, sit-down restaurant or fast-food/carry-out restaurant which is open between the hours of 12 a.m. and 5 a.m. and regulated by s. 84-7.<<
Part 4. Section 295-603-2-i-2 of the code is amended to read:
295-603. Uses.
2. LIMITED USE STANDARDS.
i. Drive-Through Facility.
i-2. The facility shall not be operated between the hours of 10 p.m. and 7 a.m. This limitation shall not apply to an automatic teller machine >>or a drive-through facility associated with a personal service, sit-down restaurant or fast food/carry-out restaurant which is open between the hours of 12 a.m. and 5 a.m. and regulated by s. 84-7<<.
Part 5. Section 295-803-2-t-3 of the code is repealed.
Part 6. Section 295-903-2-b-3-d of the code is amended to read:
295-903. Parks District (PK).
2. USES.
b. Limited Use Standards.
b-3. General Retail Establishment or Fast-Food/Carry-Out Restaurant.
b-3-d. The use shall not operate between the hours of 12 a.m. and 5 a.m. if it is located within 150 feet of a residential district. >>This provision shall not apply to fast- food/carry-out restaurants open between the hours of 12 a.m. and 5 a.m. and regulated by s. 84-7.
Part 7. Section 295-905-2-b-6-b of the code is amended to read:
295-905. Institutional District (TL).
2. USES.
b. Limited Use Standards.
b-6. Drive-Through Facility.
b-6-b. The drive-through shall not be operated between the hours of 10 p.m. and 7 a.m. This limitation shall not apply to an automatic teller machine >>or a drive-through facility associated with a personal service, sit-down restaurant or fast food/carry-out restaurant which is open between the hours of 12 a.m. and 5 a.m. and regulated by s. 84-7<<.
Part 8. Section 295-905-2-b-4 of the code is repealed and recreated to read:.
b-4. Restaurant, Fast-Food/Carry-Out. The use shall be located in a building containing at least one other principal use classified as a permanent use in this district.
Part 9. All 24-hour establishments as defined in s. 84-7-2 as created by this ordinance in operation as of the effective date of this ordinance [city clerk to insert date] shall apply for a 24-hour establishment license no later than March 1, 2004, and shall comply with the provisions of this ordinance no later than May 1, 2004.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Drafter
LRB03239-3
jro
10/10/03
10/16/03 - clerical correction made. On pages 10 and 11 in Sections 295-503.2, 295-603.2 and 295-903.2 the time was changed from "5:00 p.m." to "5:00 a.m." which was reflected in the analysis of the ordinance and discussed at the Committee meeting.