City of Milwaukee - File #: 041450

• File #: 041450
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 2/1/2005
• In control: LICENSES COMMITTEE
• Final action: 2/22/2005
• Effective date: 3/11/2005
• Title: A substitute ordinance relating to the forfeiture for violation of occupancy capacity for various alcohol beverage premises.
• Sponsors: ALD. D'AMATO, ALD. BOHL
• Indexes: BUILDING CODE, TAVERNS

Date	Ver.	Action By	Action	Result	Tally
3/10/2005	2	CITY CLERK	PUBLISHED
3/10/2005	1	CITY CLERK	PUBLISHED
3/3/2005	1	MAYOR	SIGNED
3/3/2005	2	MAYOR	SIGNED
2/22/2005	1	COMMON COUNCIL	PASSED; Minutes note: Ald. D'Amato moved reversion to Substitute 1 in lieu of Substitute 2. There was no objection.	Fail	4:11
2/22/2005	2	COMMON COUNCIL	RECONSIDERED	Pass	15:0
2/22/2005	2	COMMON COUNCIL	PASSED	Pass	15:0
2/10/2005	2	CITY CLERK	DRAFT SUBMITTED
2/10/2005	1	CITY CLERK	DRAFT SUBMITTED
2/10/2005	1	LICENSES COMMITTEE	AMENDED; Minutes note: Speakers: Martin Collins - Dept. of Neighborhood Services Raymond Sucik - Milwaukee Police Dept. Recess: 9:21 AM Reconvene: 9:36 AM Ald. Bohl moves to amend the file so that the first violation be capped at $10,000, the 2nd violation be capped at $15,000 and the 3rd and subsequent violations be capped at $25,000 in a calendar year.	Pass	3:0
2/10/2005	2	LICENSES COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	3:0
2/3/2005	0	LICENSES COMMITTEE	HEARING NOTICES SENT
2/3/2005	0	LICENSES COMMITTEE	HEARING NOTICES SENT
2/3/2005	0	LICENSES COMMITTEE	HEARING NOTICES SENT
2/1/2005	0	COMMON COUNCIL	ASSIGNED TO

Number
041450
Version
SUBSTITUTE 2
Reference

Sponsor
ALD. D'AMATO and BOHL
Title
A substitute ordinance relating to the forfeiture for violation of occupancy capacity for various alcohol beverage premises.
Sections
90-36-4-c am
90-36-4-d cr
Analysis
This ordinance establishes that the forfeiture for violation of provisions related to occupancy capacity for tavern, amusement and tavern dance hall licensed premises shall be not less than $200 nor more than $1,000. In addition, this ordinance establishes that the accumulated penalties recoverable in any one action related to violation of provisions related to occupancy capacity for tavern, amusement and tavern dance hall licensed premises are restricted to $10,000 for the first offense in a calendar year; $15,000 for the second offense in a calendar year; and $25,000 for the third and each subsequent offense in a calendar year.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 90-36-4-c of the code is amended to read:

90-36. License Regulations.

4. POSTING OF OCCUPANCY CAPACITY.

c. If the number of persons on the premises exceeds the limits set on the official placard, the police department shall order the number reduced to the permitted number. The police department may also order the establishment closed until it complies with this section. Refusal by a patron to leave the premises when ordered to do so shall be a violation of this section. [[Each violation of this section or refusal to comply with a police order by the establishment or a patron shall be considered a separate offense.]]

Part 2. Section 90-36-4-d of the code is created to read:

d. Any person convicted of violating this section shall be subject to a forfeiture of not less than $200 nor more than $1,000 and in default thereof, shall be imprisoned in the county jail or house of correction for a period not to exceed 40 days. Each violation of this section or ...