City of Milwaukee - File #: 970117

• File #: 970117
• Version: 1
• Type: Ordinance
• Status: Dead
• File created: 4/22/1997
• In control: COMMON COUNCIL
• Final action: 10/14/1997
• Title: A substitute ordinance relating to performance standards for establishments which sell food or beverages for off-premise consumption.
• Sponsors: ALD. BUTLER, Fredrick Gordon, ALD. HENNINGSEN, ALD. JOHNSON-ODOM, ALD. D'AMATO, ALD. RICHARDS
• Indexes: BUILDING CODE, FOOD DEALERS, NUISANCES, VETOES

Date	Ver.	Action By	Action	Result	Tally
10/14/1997	1	COMMON COUNCIL	VETO OVERRIDDEN; Minutes note: THE CLERK read the Mayor's veto message. THE CHAIR put the question: "Shall the said resolution/ordinance be adopted/passed notwithstanding the objection of His Honor the Mayor?" Ayes: 0. Noes: .Ald. Pratt, D'Amato, Henningsen, Schramm, Johnson-Odom, Gordon, Frank, Richards, Butler, Scherbert, Witkowiak, Pawlinski, Breier, Nardelli, Murphy, Hines and President Kalwitz - 17. The foregoing ordinance thereupon failed of adoption (sustaining the Mayor's veto) by a 17 - 0 vote (3/4 vote required to override).	Fail	0:17
10/2/1997	1	MAYOR	VETOED; Minutes note:  October 2, 1997 The Honorable Common Council of the City of Milwaukee City Hall, Room 205 Milwaukee, WI 53202 Honorable Members of the Common Council: After much deliberation, I have found it necessary to veto Common Council file 970117, an ordinance relating to performance standards for establishments which sell food or beverages for off-premise consumption. I support the basic intent of the proposed legislation. With the proper safeguards and due process procedures, this ordinance would allow action against stores that have repeated neighborhood nuisance activities in or near the store. This ordinance, when fine tuned, will provide the Police Department with yet another important tool in pursuing quality of life initiatives in our neighborhoods. However, there are several issues that need further consideration before the ordinance can be effectively enforced by the Police Department and Building Inspection. The City Attorney has assured me that with these additional modifications, he will support the ordinance as legal and enforceable. The concern regarding due process rights of property owners can be addressed by including an appeals procedure through the city's Standards and Appeals Commission. A stronger connection must also be made between the nuisance activity and the store’s operation. The Commissioner of Building Inspection and the City Attorney suggest this can be accomplished by changing the Certificate of Occupancy ordinance. Performance standards could be added to the Certificate of Occupancy requirements, providing a basis for a revocation action. The potential benefits of this legislation warrant adding these safeguards. I hope that you will concur with my conclusions and sustain my veto of this ordinance. Sincerely, JOHN O. NORQUIST Mayor
9/23/1997	1	COMMON COUNCIL	PASSED	Pass	13:4
9/16/1997	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Nothwithstanding the opinion of the City Attorney.	Pass	5:0
7/11/1997	1	CITY ATTORNEY	DISAPPROVED
6/24/1997	1	CITY ATTORNEY	NOT RETURNED BY CITY ATTORNEY
6/3/1997	1	CITY ATTORNEY	NOT RETURNED BY CITY ATTORNEY
5/28/1997	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	5:0
5/27/1997	1	CITY CLERK	DRAFT SUBMITTED
4/22/1997	0	COMMON COUNCIL	REFERRED TO

NUMB:
970117
VERS:
SUBSTITUTE 1
REF:

XXBY:
ALD. BUTLER, GORDON, HENNINGSEN, JOHNSON-ODOM, D'AMATO AND RICHARDS
TITL:
A substitute ordinance relating to performance standards for establishments which sell food or beverages for off-premise consumption.
SECS:
200-60 cr
ANLS:
- Analysis -

This ordinance requires any establishment which sells food or beverages for off-premise consumption to comply with a list of performance standards. These standards relate primarily to preventing adverse impacts on persons who live or work in the surrounding neighborhood and, in particular, preventing nuisance-type activities such as littering, loitering, loud noise and harassment of passers-by. Violation of any of these performance standards shall be grounds for revocation of an establishment's certificate of occupancy, in addition to or in lieu of standard building code penalties.


BODY:
Whereas, The Common Council finds that many businesses which sell food or beverages for off- premise consumption, including many convenience stores, gas stations with convenience stores, grocery stores, fast-food restaurants and alcohol beverage outlets, have adverse effects on nearby residences and surrounding neighborhoods because of nuisance- type activities which occur on, or in close proximity to, these businesses; and

Whereas, Examples of the nuisance-type activities associated with establishments which sell food or beverages for off-premises consumption include, but are not limited to, littering, loud noise (especially in late-night and early-morning hours), loitering, harassment of passers-by, vandalism, drug-dealing and parking or traffic violations; and

Whereas, By establishing performance standards for establishments which sell food or beverages for off- premise consumption and tying compliance with those standards with possession of valid certificates of occupancy, the city can effectively address the aforementioned problems associated with such ...