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File #: 021327    Version: 0
Type: Ordinance Status: Placed On File
File created: 12/20/2002 In control: PUBLIC SAFETY COMMITTEE
On agenda: Final action: 10/14/2003
Effective date:    
Title: An ordinance relating to the sale of food in the public way.
Sponsors: ALD. HENNINGSEN
Indexes: FOOD DEALERS
Attachments: 1. Fiscal Note.pdf, 2. City Attorney's Opinion.PDF
Number
021327
Version
ORIGINAL
 
Reference
 
Sponsor
ALD. HENNINGSEN
 
Title
An ordinance relating to the sale of food in the public way.
 
Sections
74-1-2-0  am
74-1-2-a  am
 
Analysis
This ordinance states that all provisions of the code pertaining to the sale of food from vehicles shall be applied to the sale of food from vehicles in "the public way".  Currently, the code indicates that these regulations apply to the sale of food from vehicles "on public streets."
 
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
 
Part 1.  Section 74-1-2-0 and a of the code is amended to read:
 
74-1.  Vehicular Food Peddlers.
 
2.  PERMIT REQUIRED.  a.  [[Parked One Hour or Less]] >>Time Limited<<.  No person shall engage in the sale of any food from any vehicle [[on public streets]] >>in the public way<<, without first receiving >>a permit to do so<< from the commissioner of health [[a permit so to do;]] >>.<< [[provided further that]] >>No<< person engaged in the sale of [[any]] food from a vehicle shall [[not]] remain in any location adjacent to any one block area, which block contains only nonresidential occupancy or use, more than one hour on any one day, except as provided in sub. 2-b.  This section [[, and the permits issued thereunder,]] shall not permit [[any person to sell]] >>the sale of<< food from a temporary or permanent structure or a vehicle other than a vehicle selling food [[on public streets]] >>in the public way<< or contrary to any other ordinance of the city.  
 
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
LRB02592-1
jro
11/18/02