Number
061254
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. D’AMATO
Title
An ordinance relating to regulation of occupancy capacity for Class “B” licensed establishments.
Sections
90-36-4 rc
Analysis
This ordinance eliminates language that implies an exemption from occupancy capacity requirements and penalties at s. 90-36-4 of the code for certain Class “B” licensed establishments that also operate with a food dealer’s license.
For conviction of an offense involving the posting of a placard stating occupancy limits, tampering with such placard, or refusal to comply with police orders, the penalty is not less than $200 nor more than $1,000.
For a first offense of exceeding occupancy limits the penalty is not less than $200 nor more than $10,000.
For conviction of a second offense of exceeding occupancy limits within 12 months, a penalty of not less than $200 nor more than 15,000.
For a third or subsequent offense of exceeding occupancy limits within 12 months, the penalty is not less than $200 nor more than $25,000.
For the purpose of determining the amount of a forfeiture, the court may treat each person found to have been on the premises in excess of the permitted limitation as a separate violation.
Body
Whereas, Recent tragedies involving the injuries and death of patrons and employees of establishments serving alcohol beverages to the public in Chicago, IL, where more than 25 died in a stampede to leave a crowded bar, and West Warwick, RI, where 100 died in a nightclub fire, underscore the importance of strict compliance with occupancy limitations and other building code standards; and
Whereas, From January 1, 2003, to September 30, 2006, there have been 42 charges filed with the Milwaukee municipal court for violation of occupancy limitation posting requirements for Class “B” establishments, and 19 charges filed for exceeding established occupancy limitations for Class “B” licensed establishments, 2 of which have been filed in 2006; and
Wh...
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