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File #: 970117    Version:
Type: Ordinance Status: Dead
File created: 4/22/1997 In control: COMMON COUNCIL
On agenda: Final action: 10/14/1997
Effective date:    
Title: A substitute ordinance relating to performance standards for establishments which sell food or beverages for off-premise consumption.
Sponsors: ALD. BUTLER, Fredrick Gordon, ALD. HENNINGSEN, ALD. JOHNSON-ODOM, ALD. D'AMATO, ALD. RICHARDS
Indexes: BUILDING CODE, FOOD DEALERS, NUISANCES, VETOES
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
10/14/19971 COMMON COUNCIL VETO OVERRIDDEN

Minutes note: THE CLERK read the Mayor's veto message. THE CHAIR put the question: "Shall the said resolution/ordinance be adopted/passed notwithstanding the objection of His Honor the Mayor?" Ayes: 0. Noes: .Ald. Pratt, D'Amato, Henningsen, Schramm, Johnson-Odom, Gordon, Frank, Richards, Butler, Scherbert, Witkowiak, Pawlinski, Breier, Nardelli, Murphy, Hines and President Kalwitz - 17. The foregoing ordinance thereupon failed of adoption (sustaining the Mayor's veto) by a 17 - 0 vote (3/4 vote required to override).
Fail0:17 Action details Meeting details Not available
10/2/19971 MAYOR VETOED

Minutes note:  October 2, 1997 The Honorable Common Council of the City of Milwaukee City Hall, Room 205 Milwaukee, WI 53202 Honorable Members of the Common Council: After much deliberation, I have found it necessary to veto Common Council file 970117, an ordinance relating to performance standards for establishments which sell food or beverages for off-premise consumption. I support the basic intent of the proposed legislation. With the proper safeguards and due process procedures, this ordinance would allow action against stores that have repeated neighborhood nuisance activities in or near the store. This ordinance, when fine tuned, will provide the Police Department with yet another important tool in pursuing quality of life initiatives in our neighborhoods. However, there are several issues that need further consideration before the ordinance can be effectively enforced by the Police Department and Building Inspection. The City Attorney has assured me that with these additional modifications, he will support the ordinance as legal and enforceable. The concern regarding due process rights of property owners can be addressed by including an appeals procedure through the city's Standards and Appeals Commission. A stronger connection must also be made between the nuisance activity and the store’s operation. The Commissioner of Building Inspection and the City Attorney suggest this can be accomplished by changing the Certificate of Occupancy ordinance. Performance standards could be added to the Certificate of Occupancy requirements, providing a basis for a revocation action. The potential benefits of this legislation warrant adding these safeguards. I hope that you will concur with my conclusions and sustain my veto of this ordinance. Sincerely, JOHN O. NORQUIST Mayor
   Action details Meeting details Not available
9/23/19971 COMMON COUNCIL PASSEDPass13:4 Action details Meeting details Not available
9/16/19971 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR PASSAGE

Minutes note: Nothwithstanding the opinion of the City Attorney.
Pass5:0 Action details Meeting details Not available
7/11/19971 CITY ATTORNEY DISAPPROVED   Action details Meeting details Not available
6/24/19971 CITY ATTORNEY NOT RETURNED BY CITY ATTORNEY   Action details Meeting details Not available
6/3/19971 CITY ATTORNEY NOT RETURNED BY CITY ATTORNEY   Action details Meeting details Not available
5/28/19971 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR PASSAGEPass5:0 Action details Meeting details Not available
5/27/19971 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
4/22/19970 COMMON COUNCIL REFERRED TO   Action details Meeting details Not available

NUMB:

970117

VERS:

SUBSTITUTE 1

REF:

 

XXBY:

ALD. BUTLER, GORDON, HENNINGSEN, JOHNSON-ODOM, D'AMATO AND RICHARDS

TITL:

A substitute ordinance relating to performance standards for establishments which sell food or beverages for off-premise consumption.

SECS:

200-60 cr

ANLS:

- Analysis -

 

This ordinance requires any establishment which sells food or beverages for off-premise consumption to comply with a list of performance standards. These standards relate primarily to preventing adverse impacts on persons who live or work in the surrounding neighborhood and, in particular, preventing nuisance-type activities such as littering, loitering, loud noise and harassment of passers-by. Violation of any of these performance standards shall be grounds for revocation of an establishment's certificate of occupancy, in addition to or in lieu of standard building code penalties.

 

 

BODY:

Whereas, The Common Council finds that many businesses which sell food or beverages for off- premise consumption, including many convenience stores, gas stations with convenience stores, grocery stores, fast-food restaurants and alcohol beverage outlets, have adverse effects on nearby residences and surrounding neighborhoods because of nuisance- type activities which occur on, or in close proximity to, these businesses; and

 

Whereas, Examples of the nuisance-type activities associated with establishments which sell food or beverages for off-premises consumption include, but are not limited to, littering, loud noise (especially in late-night and early-morning hours), loitering, harassment of passers-by, vandalism, drug-dealing and parking or traffic violations; and

 

Whereas, By establishing performance standards for establishments which sell food or beverages for off- premise consumption and tying compliance with those standards with possession of valid certificates of occupancy, the city can effectively address the aforementioned problems associated with such businesses; now, therefore

 

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

 

Part 1. Section 200-60 of the code is created to read:

 

200-60. Occupancies Involving Sale of Food or Beverages for Off-Premise Consumption. 1. SCOPE. The regulations of this subchapter shall apply to all premises upon which food or beverages are sold for off-premise consumption, including, but not limited to:

 

a. Any establishment required by s. 68-4 to obtain a food dealer license, except a Type "A" restaurant as defined in s. 295-7-145-1 or any other establishment where taking food or beverages from the premises is purely incidental.

 

b. Any establishment which possesses one of the alcohol beverage license types described in s. 90-4- 1, 2 or 5.

 

2. PERFORMANCE STANDARDS. All establishments subject to this subchapter shall be operated in such manner as to not:

 

a. Endanger or have adverse effects on the health, peace, safety or welfare of persons residing or working in the surrounding area.

 

b. Result in repeated nuisance activities on the premises or in close proximity to the premises, including but not limited to any of the following:

 

b-1. Disturbance of the peace.

 

b-2. Illegal drug activity.

 

b-3. Public drunkenness.

 

b-4. Drinking in public.

 

b-5. Harassment of passers-by.

 

b-6. Gambling.

 

b-7. Prostitution.

 

b-8. Sale of stolen goods.

 

b-9. Public urination.

 

b-10. Theft.

 

b-11. Assaults.

 

b-12. Battery.

 

b-13. Acts of vandalism, including graffiti.

 

b-14. Excessive littering.

 

b-15. Loitering.

 

b-16. Illegal parking.

 

b-17. Loud noise, especially in late-night and early-morning hours.

 

b-18. Traffic violations.

 

b-19. Curfew violations.

 

b-20. Lewd conduct.

 

b-21. Police detentions and arrests.

 

c. Result in violations of any applicable city, state or federal regulation, ordinance or statute.

 

d. Be incompatible with or adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

 

3. VIOLATIONS. Upon receipt of a written request from the police department for revocation of a certificate of occupancy for any premises which the police department finds to be in violation of any of the standards of sub. 2, the commissioner may revoke such certificate. Such revocation may occur in addition to, or in lieu of, any penalty provided in s. 200-19. Whenever such revocation occurs, the premises shall not be reoccupied until a new certificate of occupancy has been issued. The commissioner may withhold issuance of a new certificate for up to 90 days from the date of application or as otherwise provided by law.

LRB:

APPROVED AS TO FORM

 

 

____________________________

Legislative Reference Bureau

Date:  _____________________

CATT:

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

 

 

___________________________________

Office of the City Attorney

Date:  _____________________

ZDPT:

 

DFTR:

LRB97139.2

JDO

6/2/97_____________

Office of the City Attorney

Date:  _____________________

ZDPT:

 

DFTR:

LRB97139.2

JDO

6/2/97