Number
050414
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BOHL
Title
A substitute ordinance relating to locations where the sale of food by food peddlers is prohibited.
Sections
74-1-7.5-a-6 cr
Analysis
This analysis prohibits a food peddler from selling food within 50 feet of a premises upon which is located any restaurant, during the hours the restaurant is open for business. This restriction shall apply only to locations within 50 feet of a restaurant with on-site food preparation; it shall not apply to locations within 50 feet of a business that serves only prepackaged foods (e.g., a tavern that sells packaged pizzas or sandwiches that are prepared off the premises).
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 74-1-7.5-a-6 of the code is created to read:
74-1. Vehicular Food Peddlers.
7.5. PROHIBITED AND REQUIRED ACTS.
a. A food peddler shall not:
a-6. Sell food within 50 feet of a premises upon which is located any restaurant, during the hours the restaurant is open for business. This restriction shall apply only to locations within 50 feet of a restaurant which has a food dealer license of the type specified in s. 60-21-2-b; it shall not apply to locations within 50 feet of a prepack restaurant.
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
LRB05291-2
JDO
07/07/05