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File #: 151387    Version: 0
Type: Ordinance Status: Passed
File created: 1/19/2016 In control: COMMON COUNCIL
On agenda: Final action: 2/9/2016
Effective date: 2/26/2016    
Title: An ordinance relating to food peddler permits.
Sponsors: THE CHAIR
Indexes: LICENSES
Attachments: 1. Fiscal Impact Statement, 2. Notice Published 2-25-16

Number

151387

Version

ORIGINAL

Reference

Sponsor

 THE CHAIR

Title

An ordinance relating to food peddler permits.

Sections

68-31-1-b-3                     cr

68-33-1-b-3                     cr

68-41-2-a                     am

68-41-7-a                     am

81-56.3-4-c                     rp

 

Analysis

This ordinance exempts a food peddler holding a state mobile retail food establishment license from obtaining a temporary food dealer license, a seasonal food dealer license or a food peddler permit. 

Body

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

 

Part 1. Section 68-31-1-b-3 of the code is created to read:

 

68-31. Temporary Food Dealer License.

 

1. LICENSES.

 

b. Exemption.

 

b-3. A food peddler holding a state mobile retail food establishment license valid for the food being sold.

 

Part 2. Section 68-33-1-b-3 of the code is created to read:

 

68-33. Seasonal Food Dealer License.

 

1. LICENSES.

 

b. Exemptions.

 

b-3. A food peddler holding a state mobile retail food establishment license valid for the food being sold.

 

Part 3. Section 68-41-2-a of the code is amended to read:

 

68-41. Food Peddlers.

 

2. PERMIT REQUIRED. a. General. No person shall engage in the sale of any food from any vehicle on public streets without first receiving from the city clerk a food peddler permit >>or a mobile retail food establishment license from the state of Wisconsin valid for the food being sold.<<.  A permit issued under this section shall not permit any person to sell food from a temporary or permanent structure, or a vehicle other than a vehicle selling food on public streets or contrary to any other ordinance of the city.

 

Part 4. Section 68-41-7-a of the code is amended to read:

 

7. RULES AND OPERATING REGULATIONS. a. Identifying Signage. Each food peddler vehicle or carried container used for business purposes [[subject to permitting as a food peddler under this section]] >>and operated within the city limits<< shall have identifying signs printed or affixed, in a prominent position, to 2 sides of the vehicle or container. Each identifying sign shall include the name of the business or person operating the vehicle or container, a valid telephone number for the business, and the unique serial number, vehicle identification number, permanent unique number or alpha identifier distinguishing the food peddler vehicle or carried container in lettering not less than 3 inches high.

 

Part 5. Section 81-56.3-4-c of the code is repealed.

 

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:  ______________________

Requester

City Clerk-License Division

Drafter

LRB161922-4

Adam Wickersham

01/07/2015