City of Milwaukee - File #: 110675

• File #: 110675
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 9/20/2011
• In control: LICENSES COMMITTEE
• Final action: 10/11/2011
• Effective date: 10/28/2011
• Title: A substitute ordinance relating to temporary food dealer’s license regulations, and exemption of children-operated lemonade and kool-aid stands from obtaining a food dealer’s license.
• Sponsors: THE CHAIR
• Indexes: FOOD DEALERS, LICENSES

Date	Ver.	Action By	Action	Result	Tally
10/27/2011	1	CITY CLERK	PUBLISHED
10/20/2011	2	MAYOR	SIGNED
10/11/2011	1	COMMON COUNCIL	PASSED	Pass	15:0
10/11/2011	1	LICENSES COMMITTEE	RECONSIDERED	Pass	4:0
10/11/2011	1	LICENSES COMMITTEE	SUBSTITUTED; Minutes note: Ald. Kovac moved acceptance of Proposed Substitute B. (Prevailed 4-0)	Pass	4:0
10/11/2011	2	LICENSES COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	4:0
9/30/2011	1	LICENSES COMMITTEE	HEARING NOTICES SENT
9/30/2011	1	LICENSES COMMITTEE	HEARING NOTICES SENT
9/26/2011	0	LICENSES COMMITTEE	SUBSTITUTED; Minutes note: Individual appearing: Linda Elmer, License Division Ald. Kovac joined the committee at 8:52 a.m. Ald. Kovac moved to accept Proposed Substitute A. (Prevailed 4-0)	Pass	4:0
9/26/2011	1	LICENSES COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	4:0
9/21/2011	0	LICENSES COMMITTEE	HEARING NOTICES SENT
9/20/2011	0	COMMON COUNCIL	ASSIGNED TO

Number

110675

Version

SUBSTITUTE 2

Reference

Sponsor

THE CHAIR

Title

A substitute ordinance relating to temporary food dealer’s license regulations, and exemption of children-operated lemonade and kool-aid stands from obtaining a food dealer’s license.

Sections

60-23-1 am

60-23-2 am

68-4-1.5-c cr

Analysis

With respect to a temporary food dealer’s license regulations, this ordinance:

1.  Amends the definition of “temporary event” by including festivals and fundraisers for nonprofit organizations.  Currently, a temporary event is defined as a single event such as a fair, carnival, circus, public exhibition, anniversary sale or occasional sales promotion. 

2.  Clarifies the definition of “temporary event” by stating that the duration of a temporary event shall last not longer than 14 consecutive days or 20 non-consecutive days during the license period.  Currently, the definition states that a temporary event is held for a limited duration of time.  

3.  Requires that a temporary food operation site, location or stand be connected to a temporary event or fundraiser for a nonprofit organization when issued a temporary food dealer’s license.  

In addition, the ordinance exempts stands operated by children under the age of 14, which sell homemade beverages or food items, in residential areas on private property from having to obtain a food dealer’s license.

Body

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1.  Section 60-23-1 and 2 of the code is amended to read:

60-23.  Temporary Food Dealer’s License.

1.  DEFINITION. "Temporary event" means a single event such as a fair, >>festival, fundraiser for a nonprofit organization,<< carnival, circus, public exhibition, anniversary sale or occasional sales promotion that is held [[for a limited duration]] at a fixed location >> not lasting more than 14 consecutive days or 20 non-consecutive days during the license period.<<

2.  LICENSES. With the exception of a licensed food establishment that extends its operation to the outside on a temporary basis, each individual temporary food operation, site, location or stand where food is prepared, processed, served or sold shall be >> connected to a temporary event or a fundraiser for a nonprofit organization when<< issued a temporary food dealer's license and be assessed fees in accordance with this section. 

Part 2.  Section 68-4-1.5-c of the code is created to read:

68-4.  Food Dealer License.

1.5.  LICENSE NOT REQUIRED. A food dealer license shall not be required for the following:

c.  Stands, not connected with any temporary events as defined in s. 60-23-1, located on private property in residential areas operated by children under the age of 14 which sell homemade beverages or food items not requiring heating or refrigeration.

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

City Clerk-License Division

Drafter

LRB132104-3

Amy E. Hefter

9/29/2011