Number
050254
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. WADE, BOHL AND WITKOWIAK
Title
An ordinance relating to retitling twenty-four hour establishments to extended hours establishments.
Sections
81-51 cr
81-129.7rp
84-7-0 am
84-7-2 rc
84-7-5-a am
84-7-5-c am
84-7-6-b am
84-7-8 am
84-7-9-a-0 am
84-7-9-a-2 am
84-7-9-c am
84-7-11-c am
84-7-12-d am
84-7-12-e am
Analysis
This ordinance renames "24-hour establishments" to "extended hours establishments". The definition of an "extended hours establishment" will remain the same as it was for "24-hour establishments", which are defined as, 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. The fees for an "extended hours establishment" will also remain the same.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 81-51 of the code is created to read:
81-51. Extended Hours Establishments.
1. Each extended hours 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. The fee to file an application for change of officers, directors or agents for a corporation or limited liability corporation shall be $25.
5. 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 Section 81-129.7 of the code is repealed.
Part 3. Section 84-7-0 of the code is amended to read:
84-7. [[Twenty- four- hour Establishments]] >>Extended Hours Establishments<<.
Part 4. Section 84-7-2 of the code is repealed and recreated to read:
2. DEFINITIONS. In this section:
a. "Convenience store" shall have the meaning set forth in s. 68-4.3-1-a.
b. "Extended hours 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.
c. "Filling station" shall have the meaning set forth in s. 295-201-189.
d. "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.
e. "Restaurant" shall have the meaning set forth in both s. 295-201-499 and 501. It shall not apply to the provision of room service by a hotel or to the preparation and service of food inside a hospital.
Part 5. In the following section of the code, the term "24 hour" is replaced by " extended hours": 84-7-5-a,84-7-5-c,84-7-6-b, 84-7-8, 84-7-9-a-0, 84-7-9-a-2, 84-7-9-c, 84-7-11-c, 84-7-12-d and 84-7-12-e.
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: ______________________
Department
Drafter
LRB: 05258-1
RAC
6/21/05