Number
001408
Version
ORIGINAL
Reference
Sponsor
ALD. RICHARDS
Title
An ordinance relating to regulation of the presence of underage persons at class "B" tavern establishments during times when no alcohol beverages are sold.
Sections
90-19.5-1 rc
Analysis
This ordinance requires the holders of class "B" tavern licenses to seek the permission of the chief of police before holding events at their establishments at which minors are present and no alcohol beverages are sold. Further, it limits the number of such events to no more than one a month and 6 per year at a particular establishment. At present, licensees need only inform the chief of police 7 days prior to holding such an event, and there is no limit to the number of events which may be held.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part. 1. Section 90-19.5-1 of the code is repealed and recreated to read:
90-19.5. Presence of Underage Persons During Times When No Alcohol Beverages are Sold.
1. PERMISSION OF POLICE CHIEF REQUIRED.
a. The licensee or agent of any such premises wishing to host an event at which underage persons either enter or remain shall first obtain the written permission of the chief of police. In requesting such permission, the applicant shall provide, in writing, the following information to the chief of police:
a-1. The date and time of the event.
a-2. The specific nature of the event, including a description of entertainment.
a-3. Number of persons expected on the premises.
b. In considering whether to grant such permission, the chief of police may consider any of the following factors:
b-1. The overall record of the premises as established in official police reports.
b-2. The overall record of the licensee including, but not limited to, any corporate directors and officers, with respect to their operation of the licensed premises.
b-3. The criminal conviction record of the licensee including, but not limited to, any corporate directors and officers.
b-4. The proximity of the premises to residential areas.
b-5. The overall level of criminal activity in the area of the premises.
c. Any decision by the police chief to deny permission for an underage event may be appealed to the common council. In considering such appeal, the common council may consider any of the factors enumerated in par. b.
d. No more than one event as permitted by this section shall be held at any one premises in any calendar month. No more than 6 events as permitted by this section shall be held at any one premises in any calendar year. For the purposes of this paragraph, an event shall be considered ended after the closing hours prescribed by sub. 2-f.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFOCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Drafter
01007-1
jro
01/11/01