City of Milwaukee - File #: 090730

• File #: 090730
• Version: 3
• Type: Ordinance
• Status: Passed
• File created: 9/22/2009
• In control: LICENSES COMMITTEE
• Final action: 12/22/2009
• Effective date: 1/9/2010
• Title: A substitute ordinance relating to food dealer licenses and regulations.
• Sponsors: ALD. HINES JR., ALD. BOHL, ALD. COGGS
• Indexes: FOOD DEALERS

Date	Ver.	Action By	Action	Result	Tally
1/8/2010	2	CITY CLERK	PUBLISHED
1/5/2010	2	MAYOR	SIGNED
12/22/2009	3	CITY CLERK	DRAFT SUBMITTED
12/22/2009	2	COMMON COUNCIL	PASSED	Pass	13:1
12/22/2009	2	LICENSES COMMITTEE	RECONSIDERED	Pass	4:0
12/22/2009	3	LICENSES COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	4:0
12/9/2009	2	CITY CLERK	DRAFT SUBMITTED
12/8/2009	1	CITY CLERK	Sponsor added; Minutes note: Ald. Coggs added as a sponsor.
12/8/2009	1	LICENSES COMMITTEE	SUBSTITUTED; Minutes note: Held to the call of the chair by Ald. Coggs. Prevailed 4-0. (Ald. Zielinski excused) Ald. Coggs moves to reconsider. Prevailed 4-0. (Ald. Zielinski excused) Invididuals at the table: Richard Withers, Legislative Reference Bureau Ald. Willie Hines, Jr., 15th District	Pass	4:0
12/8/2009	2	LICENSES COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Ald. Coggs requests being added as a co-sponsor.	Pass	4:0
12/3/2009	1	LICENSES COMMITTEE	HEARING NOTICES SENT
12/3/2009	1	LICENSES COMMITTEE	HEARING NOTICES SENT
12/2/2009	1	CITY CLERK	DRAFT SUBMITTED
9/22/2009	0	COMMON COUNCIL	ASSIGNED TO

Number
090730
Version
SUBSTITUTE 3
Reference

Sponsor
ALD. HINES, BOHL AND COGGS
Title
A substitute ordinance relating to food dealer licenses and regulations.
Sections
68-4-11-h cr
68-4-11-i cr
68-4-11-j cr
68-4-11-k cr
68-4-11-L cr
Analysis
This ordinance provides an additional consideration for common council approval of a new food dealer license for a convenience store. The ordinance provides that the common council may consider over-concentration of convenience stores that tends to contribute to litter, vandalism, graffiti, curfew violations, excessive litter, harassment of passersby and other unlawful behavior in a particular neighborhood. The common council may also consider whether a neighborhood is adequately served by existing food establishments.

The ordinance clarifies that a hearing before the appropriate licensing committee may be initiated upon objection of an interested party to an application for new or renewal food dealer license and in a case where a party seeks revocation of a food dealer license upon a sworn complaint.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 68-4-11-h to L of the code is created to read:

68-4. Food Dealer License.

11. CAUSES FOR COUNCIL DENIAL, REVOCATION OR SUSPENSION OF LICENSE.

h. A showing that the premises proposed for licensing will be a convenience store as defined in s. 68-4.3-1, whether or not exempt as provided in s. 68-4.3-3, and that the proposed operation of the premises will tend to contribute to neighborhood incidents and conditions identified in par. g as the result of an over-concentration of convenience stores in the neighborhood. Evidence that a neighborhood is adequately served by existing retail food establishments may be considered in reaching a determination about whether granting a new license will result in over-concentration.

i. The commissioner shall promptly inform the police department and the department of neighbo...