Number
050208
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. WITKOWIAK
Title
A substitute ordinance relating to food peddler regulations.
Sections
60-31-2 rn
60-31-2 cr
60-31-3 rn
60-31-4 rn
74-1-2-b rc
74-1-3-e cr
74-1-6-d rn
74-1-6-d cr
74-1-6-e rn
74-1-7.5-a-1 am
115-45-2-a-2-a am
Analysis
This ordinance:
1. Allows a food peddler to operate between the hours of 9 p.m. and 3 a.m. (3:30 a.m. on Saturdays and Sundays) and at any time on January 1 if the peddler obtains a special food peddler's permit from the commissioner of health. Permission to operate during nighttime hours may be suspended or revoked by the commissioner in the same manner that a regular food peddler's permit may be suspended or revoked.
2. Permits a motorized food peddler vehicle to be parked in excess of the current one-hour limit on parking adjacent to nonresidential blocks if the vehicle is in compliance with all posted parking time limits and other parking regulations.
3. Allows a food peddler to stop for up to 2 hours, rather than the current maximum of 15 minutes, on a residential block, provided the vehicle is parked in compliance with posted time limits on parking.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 60-31-2 to 4 of the code is renumbered 60-31-3 to 5.
Part 2. Section 60-31-2 of the code is created to read:
60-31. Food Peddler Permits.
2. The surcharge for a food peddler permit to allow night operation by a food peddler shall be $25.
Part 3. Section 74-1-2-b of the code is repealed and recreated to read:
74-1. Vehicular Food Peddlers.
2. PERMIT REQUIRED.
b. Exceptions to One-Hour Limit. b-1. Whenever any street or portion thereof has been closed to traffic by common council resolution in connection with any civic event, the city clerk may, upon receipt of the required fee, issue a permit to any person holding a permit for the sale of food from a vehicle further permitting such person to park on such closed streets longer than the one-hour limit provided in par. a. The permit shall specify the dates for which issued and the fee required in ch. 60 shall be charged for each such date. No such permit shall be issued without the approval of the chief of police, unless the common council by resolution shall so direct.
b-2. A motorized food peddler vehicle may be parked in one location on a nonresidential block in excess of the one-hour limit specified in par. a, provided the vehicle is parked in compliance with all posted time limits on parking and with all other applicable parking regulations.
Part 4. Section 74-1-3-e of the code is created to read:
3. PERMIT CATEGORIES.
e. Night Operation. The commissioner shall provide for issuance of a sub-category of each of the permit types identified in pars. a to c to allow a food peddler to sell food between the hours of 9 p.m. and 3 a.m. in addition to sales between 6 a.m. and 9 p.m, except that a food peddler with a nighttime sales permit may sell food until 3:30 a.m. on Saturday and Sunday and at any time on January 1. The applicant for a permit allowing nighttime sales shall pay the surcharge required by s. 60-31.
Part 5. Section 74-1-6-d and e of the code is renumbered 74-1-6-e and f.
Part 6. Section 74-1-6-d of the code is created to read:
6. PERMIT SUSPENSION AND REVOCATION.
d. The commissioner may, following the same procedures set forth in pars. a to c, suspend or revoke only the portion of a permit allowing late-night sales pursuant to sub. 3-e.
Part 7. Section 74-1-7.5-a-1 of the code is amended to read:
7.5. PROHIBITED AND REQUIRED ACTS.
a-1. Sell food between the hours of 9 p.m. and 6 a.m. the following morning. This prohibition shall not apply on >>January 1,<< Memorial Day, Juneteenth, the 3rd or 4th of July, Labor Day, on city streets adjacent to State Fair Park during the run of the Wisconsin State Fair or during any other specific dates specified by the common council by resolution. >>Nor shall it apply to a food peddler to whom the commissioner has issued a food peddler's permit allowing nighttime operation, pursuant to sub. 3-e.<<
Part 8. Section 115-45-2-a-2-a of the code is amended to read:
115-45. Selling Articles from Parked Vehicles.
2. LOCATIONS WHERE SELLING PROHIBITED.
a. Near Schools or Residences.
a-2-a. They stop for no more than [[15 minutes]] >>2 hours<< in any single block and such stops >>are otherwise in compliance with posted time limits and<< are separated by a 6 hour period, nor
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
LRB04311-2
JDO
06/23/05