Number
031683
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. PRATT
Title
A substitute ordinance declaring unlicensed taverns to be public nuisances and prescribing a penalty.
Sections
80-11 cr
Analysis
This ordinance declares unlicensed taverns to be public nuisances and states that, whenever a person in a particular premises has been charged with the unlicensed sale or distribution of alcohol beverages, the commissioner of neighborhood services may send the last known owner of the premises a notice of the violation as well as a notice that any future violations could result in the cost of enforcement being levied against the property as a special charge. Appeals of the commissioner's decisions in these matters shall be made to the administrative review appeals board.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 80-11 of the code is created to read:
80-11. Unlicensed Taverns.
1. FINDINGS. The common council finds that the unlicensed sale or distribution of alcohol beverages by individuals or entities that have not applied for and received the appropriate licenses as required by this code, particularly when these activities take place on premises not zoned for commercial activities, constitute a public nuisance.
2. OWNER'S LIABILITY. a. An owner, operator or owner's registered agent of any premises shall be liable for all the costs of administration and enforcement of this subsection whenever the following occur:
a-1. A person in the premises has been charged with the unlicensed sale or distribution of alcohol beverages pursuant to s. 90-3-1.
a-2. The department has sent by first class mail a written notice of the violation described in subd. 1, addressed to the last known address of the owner, operator or owner's registered agent.
a-3. A person in the premises has been charged with the unlicensed sale or distribution of alcohol beverages pursuant to s. 90-3-1 and that violation occurred not less than 8 business days after the mailing of notice under subd. 2. The violation shall be at the same address and in the same unit and involve the same occupancy, but need not involve the same person for whom notice of violation was sent under subd. 2.
b. The chief of police shall provide a record of each charged violation of s. 90-3-1 and the costs of enforcement to the commissioner. Upon issuance of a citation, the commissioner may provide written notice under par. a-2 to the owner, operator or owner's registered agent of the premises in which the charged violation occurred.
c. In the event of the occurrence of all the provisions set forth in par. a., the costs of the enforcement of the second and all subsequent charged violations referred to in par. a-3, including administrative costs, may be charged in full or in part against the real estate on which the nuisance occurred. If those costs are charged, they shall be a lien upon this real estate and shall be assessed and collected as a special charge. The city shall establish a reasonable charge for the costs of administration and enforcement of this subsection.
d. Appeal of the determination of the commissioner imposing special charges against the premises may be submitted to the administrative review appeals board as provided by s. 320-11. Appeals filed pursuant to this paragraph shall be filed no later than 30 days after the special charges are imposed.
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
LRB04110-2
jro
03/19/04