City of Milwaukee - File #: 051053

• File #: 051053
• Version: 2
• Type: Ordinance
• Status: Placed On File
• File created: 11/15/2005
• In control: PUBLIC SAFETY COMMITTEE
• Final action: 9/22/2009
• Title: A substitute ordinance relating to presence of minors on the premises of certain businesses.
• Sponsors: ALD. ZIELINSKI, ALD. MCGEE JR., ALD. BAUMAN
• Indexes: SOCIAL CONCERNS

Date	Ver.	Action By	Action	Result	Tally
9/22/2009	2	COMMON COUNCIL	PLACED ON FILE	Pass	13:0
9/16/2009	2	PUBLIC SAFETY COMMITTEE	RECOMMENDED FOR PLACING ON FILE	Pass	3:0
2/1/2006	2	CITY ATTORNEY	DISAPPROVED
1/26/2006	2	PUBLIC SAFETY COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Appearances: Deputy Inspector Anna Ruzinski, Milwaukee Police Department. Art Ketchman, Milwaukee Public Schools.	Pass	4:1
1/20/2006	2	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
1/20/2006	2	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
1/20/2006	2	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
1/19/2006	2	CITY CLERK	DRAFT SUBMITTED
1/5/2006	0	PUBLIC SAFETY COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Appearances: Deputy Inspector Anna Ruzinski, Milwaukee Police Department. Superintendent Andrekopoulos, Milwaukee Public Schools. Art Ketchman, Milwaukee Public Schools.	Pass	5:0
1/3/2006	1	CITY CLERK	DRAFT SUBMITTED
12/22/2005	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
12/22/2005	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
11/15/2005	0	COMMON COUNCIL	ASSIGNED TO

Number                                                                                                         

051053

Version

SUBSTITUTE 2

Reference

Sponsor

ALD. ZIELINSKI, MCGEE AND BAUMAN

Title

A substitute ordinance relating to presence of minors on the premises of certain businesses.

Sections

106-23.6 cr

Analysis

This ordinance establishes restrictions for minors on the premises of businesses.  For the purposes of this section “business” means any of the following: convenience food store, restaurant and general retail establishment.   For the purposes of this section  “regular school attendance” means all of any day in which school is held during a school semester.

Any person who operates a place of business, shall not allow a person under the age of 18 years to enter and remain on the premises of the business at times when the person is required to be in regular school attendance at an assigned school location. Additionally no person who operates a place of business may allow a person under the age of 18 years to loiter on the premises.

Any person who operates a business, who violates any provision of this section shall be subject to a forfeiture of not less than $25 nor more than $500.

Body

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

Part 1.  Section 106-23.6 of the code is created to read:

106-23.6.                     Business Restrictions for Minors. 

1.  DEFINITIONS.  In this section: 

a.   “Business” means any of the following: convenience food store, as defined in s. 68-4.3-1; restaurant, as defined in s. 295-201-499 and 501; and general retail establishment, as defined in s. 295-201-505.

b.  “Regular school attendance” means all of any day in which school is held during a school semester.

c.  “School” means an agency as defined in s. 295-201-519.

2.  HOURS OF OPERATION FOR MINORS.  No person who operates a place of business, as defined in sub. 1-a, shall allow a person under the age of 18 years to enter and remain on the premises of the business at times when the person is required to be in regular school attendance, as defined in sub. 1-b.

3.  LOITERING OF MINORS ON BUSINESS PREMISES PROHIBITED.  No person who operates a place of business, as defined in sub. 1, may allow a person under the age of 18 years to loiter on the premises in violation of s. 106-23-2.

4.  EXEMPTIONS.  The restriction in sub. 2 shall not apply to persons under the age of 18 years who: 

a.  Are on a field trip to the business defined in sub. 1.

b.  Are staying with registered guests at hotels and motels, nor to travelers at an airport, train terminal or bus station.

c.  Have photo identification and proper documentation, as defined by the superintendent of Milwaukee public schools or a private or parochial school principal, on their person to establish a release from regular school attendance.

5.  PENALTY.  Any person who operates a business as defined in sub. 1 who violates any provision of this section shall be subject to a forfeiture of not less than $25 nor more than $500 or, in default of payment thereof, be imprisoned in the county jail or house of correction for a period of not less than one day nor more than 20 days.

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

LRB05473-3

AEH

1/5/2006