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File #: 241661    Version:
Type: Ordinance Status: Passed
File created: 2/11/2025 In control: COMMON COUNCIL
On agenda: Final action: 4/22/2025
Effective date: 7/21/2025    
Title: A substitute ordinance relating to the licensing of hookah establishments.
Sponsors: ALD. BURGELIS, ALD. WESTMORELAND, ALD. ZAMARRIPA, ALD. MOORE, ALD. DIMITRIJEVIC, ALD. PEREZ, ALD. CHAMBERS JR., ALD. TAYLOR, ALD. COGGS, ALD. A. PRATT
Indexes: LICENSES, SMOKING
Attachments: 1. Handouts offered by Charlie Leonard, 2. Office of CIty Attorney Response, 3. Motion by Ald. Burgelis
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
5/9/20252 CITY CLERK PUBLISHED   Action details Meeting details Not available
4/28/20252 MAYOR SIGNED   Action details Meeting details Not available
4/22/20251 COMMON COUNCIL SUBSTITUTED

Minutes note: Ald. Coggs and Pratt added as cosponsors. Ald. Burgelis moved substitution of the file with a Proposed Substitute. (Prevailed 5-0) The Proposed Substitute motion removes all provisions relating to the sale of hookah to persons under the age of 21, including definitions, the age prohibition, regulations, defense of seller and penalties, leaving only the provision requiring a public entertainment premises license.
Pass15:0 Action details Meeting details Video Video
4/22/20251 COMMON COUNCIL PASSEDPass15:0 Action details Meeting details Not available
4/10/20250 PUBLIC SAFETY AND HEALTH COMMITTEE SUBSTITUTED

Minutes note: Appearing: Sponsor Ald Burgelis American Lung Associaton - Jess Borst Aaliyah Torres - Vaping Prevention Program being developed by City's Community Engagement Office Charlie Leonard - City of Milwaukee Tobacco Free Alliance at Community Advocate Public Policy Institute Luis Casas - Student ACA Travis Gresham Deputy Robin Pederson Handouts offered by Charlie Leonard were made part of the permanent record by Ald. Burgelis' motion . There were no objections.
Pass5:0 Action details Meeting details Video Video
4/10/20251 PUBLIC SAFETY AND HEALTH COMMITTEE RECOMMENDED FOR PASSAGEPass4:0 Action details Meeting details Not available
2/11/20250 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

241661

Version

 SUBSTITUTE 2

Reference

 

Sponsor

ALD. BURGELIS, ZAMARRIPA, MOORE, TAYLOR AND WESTMORELAND

Title

A substitute ordinance relating to the licensing of hookah establishments.

Sections                     

108-3-2.7                     cr

108-3-6                     am

Analysis

The ordinance adds establishments offering hookah service to the list of entities requiring a public entertainment premises license.

 

Body

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

 

Part 1. Section 108-3-2.7 of the code is created to read:

 

108-3. Definitions.

 

2.7. HOOKAH SERVICE means the rental or complimentary use of a hookah provided by an establishment. A hookah is any recreational water pipe used to inhale heated or vaporized substances, including, but not limited to, non-tobacco shisha.

 

Part 2. Section 108-3-6 of the code is amended to read:

 

6. PUBLIC ENTERTAINMENT means any entertainment of any nature or description to which the public generally may gain admission, either with or without the payment of a fee.  Any entertainment operated commercially for gain by membership, season ticket, invitation or other system open or offered to the public generally shall be deemed to constitute a public entertainment.  This definition includes dances, dancing by patrons to prerecorded or live music, dancing by performers for or without compensation, shows and exhibitions provided for a fee including plays, skits, musical revues, children’s theater, dance productions, musical concerts, opera and the production or provision of sights or sounds or visual or auditory sensations which are designed to or may divert, entertain or otherwise appeal to members of the public who are admitted to a place of entertainment, which is produced by any means, including radio, phonograph, jukebox, television, video reproduction, tape recorder, piano, orchestra or band or any other musical instrument, slide or movie projector, spotlights, or interruptible or flashing light devices and decoration.  This term includes a carnival, festival, >>establishment offering hookah service,<< motion picture house or theater and, when offered to the public for a fee, bowling, billiard tables or amusement machines as defined in s. 107-13.

 

Part 3.  This ordinance is effective 90 days after passage and publication.

 

LRB

APPROVED AS TO FORM

 K. Broadnax

____________________________

Legislative Reference Bureau

Date:                      April 22, 2025

                                                                                   

 

 

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

 

 

____________________________

Office of the City Attorney

Date: ______________________

 

Requestor

 

Drafter

Kathleen Brengosz

LRB180121-4

4/21/2025