Number
050384
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. D'AMATO, WITKOWIAK and BAUMAN
Title
A substitute ordinance relating to establishing occupancy capacity limits and issuing population placards for certain buildings.
Sections
90-36-4-0 am
90-36-4-a am
200-42-2-a-0 am
200-42-2-b-0 am
200-42-2-b-3 am
252-1-0 am
252-1-1 rc
252-1-2 rc
Analysis
This substitute ordinance establishes the following code provisions for certain buildings:
1. The department of city development rather than the department of neighborhood services is required to issue official placards indicating the maximum number of persons permitted on Class "B" tavern or Class "B" fermented malt beverage licensed premises, excepting restaurants.
2. The basis for establishing the occupancy capacity of Class "B" tavern or Class "B" fermented malt beverage licensed establishments, excepting restaurants, shall be based on the building code requirements in effect at the time the establishment first occupied the building or alterations last occurred in the establishment that included the reconfiguration of space and addition or elimination of any door or window. In the event the establishment first occupied the building prior to 2002 or alterations last occurred in the establishment prior to 2002, this ordinance establishes that the restroom fixture count shall comply with certain minimum requirements.
3. The capacity of any building or structure that provides a sidewalk area dining facility shall not include the number of persons occupying the sidewalk area dining facility as part of the total capacity.
4. The commissioner of city development is required to issue a certificate of occupancy whenever a proposed use for any building or structure is an elementary or secondary school or a licensed tavern premises.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 90-36-4-0 and a of the code is amended to read:
90-36. License Regulations.
4. POSTING OF OCCUPANCY CAPACITY<< FOR CERTAIN CLASS "B" LICENSED ESTABLISHMENTS<<.
a. [[Each tavern, amusement (nite club) and tavern dance hall licensee]]>>Any establishment holding a Class "B" tavern or Class "B" fermented malt beverage license, excepting restaurants<< shall securely post and maintain official placards issued by the department of [[neighborhood services]]>>city development<< indicating the maximum permitted number of persons on the licensed premises as established by the commissioner of neighborhood services. [[The legal capacity of a tavern facility, amusement (nite club) and tavern dance hall shall be based on the building code requirements for new construction, with the except ion of toilet facilities, in effect on the date of application for a new or renewal license.]]>> Under this paragraph, if an establishment is operated under both a Class "B" tavern or Class "B" fermented malt beverage license and a food dealer's license, the principal business conducted is presumed to be the sale of alcohol beverages, but the presumption may be rebutted by competent evidence.<<
Part 2. Section 200-42-2-a-0, b-0 and b-3 of the code is amended to read:
200-42. Certificate of Occupancy.
2. WHEN ISSUED. a. In the case of a proposed use, as described in ch. Comm 62, Wis. Adm. Code, as amended, that is not within the same group of uses as the prior use, and where the proposed use is as hazardous or more hazardous, based on life and fire risk than the prior use, >>or whenever the proposed use is an elementary or secondary school or a tavern or a sit-down restaurant, as described under s. 295-201-501, <<or where otherwise requested, the commissioner of city development shall issue a certificate of occupancy:
b. Unless otherwise required by law, in the case of a proposed use, as described in ch. Comm 62, Wis. Adm. Code, as amended, that is within the same group of uses as the prior use, or in the case of a proposed use that is not within the same group of uses as the prior use and that is less hazardous, based on life and fire risk, than the prior use, >>except whenever the proposed use is an elementary or secondary school, a tavern or a sit-down restaurant, as described under s. 295-201-501, or where otherwise requested<<, the commissioner of city development shall issue a certificate indicating conformance with the use requirements set forth in ch. 295 and:
b-3. After a plumbing inspection to determine that the building, structure, premises or part thereof complies with all applicable plumbing regulations, if the proposed use is a [[tavern or restaurant ]]>> fast-food/carry-out restaurant as described under s. 295-201-499<<.
Part 3. Section 252-1-0 of the code is amended to read:
252-1. Population Placards >>for Certain Class "B" Licensed Establishments<<.
Part 4. Section 252-1-1 and 2 of the code is repealed and recreated to read:
1. REQUIRED. It shall be the duty of a holder of the certificate of occupancy or license, if any, of any building or structure or part thereof now used or hereafter to be used in conjunction with a Class "B" tavern or Class "B" fermented malt beverage license excepting restaurants to securely post and maintain in a conspicuous place near the main exit or exit access doorway from the room or space, placards indicating the approved maximum number of persons permitted in such occupancies as regulated in this code. All placards posted under this subsection shall be issued by the department of city development.
2. BASIS FOR ESTABLISHING POPULATION. a. The allowable maximum of persons on any floor or part thereof of any building or structure regulated under this section shall be based on the building code requirements in effect at the time the establishment first occupied the building or alterations last occurred in the establishment that included the reconfiguration of space and addition or elimination of any door or window. In the event the establishment first occupied the building prior to July 1, 2002, or alterations that included the reconfiguration of space and addition or elimination of any door or window last occurred in the establishment prior to July 1, 2002, the restroom fixture count shall comply with the following minimum requirements: one water closet per each 40 males or fraction thereof, one water closet for each 40 females or fraction thereof, and one lavatory for every 75 persons or fraction thereof with a minimum of one lavatory in each restroom. Where more than one water closet is required for males, urinals may be substituted for up to 50 percent of the required water closets.
b. The capacity of any building or structure under this section that provides a sidewalk area dining facility as defined under s. 115-32.6-2 shall not include the number of persons occupying the sidewalk area dining facility as part of the total capacity.
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
Department of Neighborhood Services
Drafter
LRB05080-3
AW
7/19/05