City of Milwaukee - File #: 060540

• File #: 060540
• Version: 1
• Type: Ordinance
• Status: Placed On File
• File created: 9/6/2006
• In control: LICENSES COMMITTEE
• Final action: 10/7/2008
• Title: A substitute ordinance relating to installing digital security cameras at alcohol beverage establishments.
• Sponsors: ALD. BAUMAN
• Indexes: ALCOHOL - REGULATION AND LICENSING, SECURITY MEASURES, TAVERNS

Date	Ver.	Action By	Action	Result	Tally
10/7/2008	1	COMMON COUNCIL	PLACED ON FILE	Pass	14:0
9/23/2008	1	LICENSES COMMITTEE	RECOMMENDED FOR PLACING ON FILE; Minutes note: Ald. Hamilton moves to place on file. Prevailed 5-0.	Pass	5:0
10/4/2006	1	CITY CLERK	DRAFT SUBMITTED
10/3/2006	1	LICENSES COMMITTEE	SUBSTITUTED; Minutes note: Proposed Sub. A accepted. Individuals present: Ald. Bauman Deputy Inspector Anna Ruzinski - Milwaukee Police Dept. Edward Lump - Wisconsin Restaurant Association Prentice McKinnie - Savoy's Sally Ferguson - 3363 N 27th St. (mail notice to: 3350 N. 27th St.)	Pass	4:0
10/3/2006	1	LICENSES COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Held so the sponsor can finetune the legislation based upon input from affected owners.	Pass	4:0
9/27/2006	0	LICENSES COMMITTEE	HEARING NOTICES SENT
9/14/2006	0	LICENSES COMMITTEE	HEARING NOTICES SENT
9/7/2006	0	LICENSES COMMITTEE	HEARING NOTICES SENT
9/6/2006	0	COMMON COUNCIL	ASSIGNED TO

Number                                                

060540

Version

Substitute 1

Reference

Sponsor

ALD. BAUMAN

Title

A substitute ordinance relating to installing digital security cameras at alcohol beverage establishments. 

Sections

90-27.5 cr

Analysis

This ordinance requires digital security cameras to be installed at alcohol beverage establishments.  The licensee shall install, maintain in proper working order and operate during all hours the premises is open to customers security cameras which can produce reproducible digital color images.  If a time-lapse digital video recorder is operated, recorded images shall not be recorded at a slower rate than 24 hours. Recorded digital image files shall be kept for a minimum of  7 days and made available upon request to the police department and other law enforcement agencies.

This ordinance applies to every establishment licensed pursuant to ch. 90, except for the following:

1.  Bona fide clubs, organized labor unions, county or local fair associations, or agricultural societies, churches, lodges or societies that have been in existence for not less than 6 months prior to the date of application, or to posts established by veterans’ organizations.

2.  Charitable, eleemosynary, educational or religious organizations.

3.  Convenience food stores as defined and regulated in s. 68-4.3 (security cameras are already required by this section).

4.  Class “C” fermented malt beverage wholesaler as defined in s. 90-4-8.

This ordinance shall take effect 6 months from the date of passage and publication.

Body

Whereas, Numerous acts of violence, including stabbings, shootings and fights, have occurred at Milwaukee alcohol beverage establishments during hours of operation; and

Whereas, These acts of violence rarely occur at non-profit alcohol beverage establishments such as charitable and religious organizations; and 

Whereas, Security cameras could aid the police department in investigating these activities; and

Whereas, Both s. 62.11(5) Wis. Stats., and s. 4-10, Milwaukee city charter, provide that the Common Council may enact legislation for the health, safety and welfare of the citizens of the City of Milwaukee; now, therefore

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

Part 1.  Section 90-27.5 of the code is created to read:

90-27.5.                     Security Cameras. 

1.  APPLICABILITY.  The provisions of this section shall apply to every alcohol beverage establishment licensed pursuant to ch. 90, except for the following:

a.  Bona fide clubs, organized labor unions, county of local fair associations, or agricultural societies, churches, lodges or societies that have been in existence for not less than 6 months prior to the date of application, or to posts established by veterans’ organizations. 

b.  Charitable, eleemosynary, educational or religious organizations.

c.  Convenience food stores as defined and regulated in s. 68-4.3.

d.  Class “C” fermented malt beverage wholesaler as defined in s. 90-4-8.  

2.  REGULATIONS.  a.  Every licensee of an establishment referenced in sub. 1, shall install, maintain in proper working order and operate during all hours the premises is open to costumers security cameras which can produce reproducible digital color images. 

b.  If a time-lapse digital video recorder is operated, recorded images shall not be recorded at a slower rate than 24 hours.

c.  Recorded digital image files shall be kept for a minimum of 7 days and made available upon request to the police department and other law enforcement agencies.

3.  LOCATION.  Cameras shall be placed at the exterior of the establishment so as to provide a clear full frame view of the activities occurring on the premises parking lot and in areas of the premises bordered by a city street.  Additionally, cameras shall be placed at locations within the establishment that afford a panoramic, full frame view in order to accurately capture activities occurring within the entire licensed premises, with the exception of storage areas. 

Part 2.  This ordinance shall take effect 6 months from the date of passage and publication.

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

LRB06385-2

AEH

9/25/2006