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File #: 221499    Version:
Type: Ordinance Status: Passed
File created: 1/17/2023 In control: COMMON COUNCIL
On agenda: Final action: 2/7/2023
Effective date: 2/25/2023    
Title: A substitute ordinance relating to a moratorium on the issuance of certificates of occupancy for establishments selling electronic smoking devices or electronic smoking device paraphernalia.
Sponsors: ALD. BROSTOFF, ALD. DIMITRIJEVIC, ALD. BORKOWSKI, ALD. CHAMBERS JR., ALD. SPIKER, ALD. PEREZ, ALD. STAMPER
Indexes: SMOKING
Attachments: 1. Proposed Substitute A, 2. City Attorney Opinion, 3. Letter in Support -- VARIOUS, 4. Documents Related to Support Letter -- VARIOUS, 5. Hearing Notice List, 6. Motion by Ald Brostoff, 7. Notice published 2/24/2023
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
2/24/20231 CITY CLERK PUBLISHED   Action details Meeting details Not available
2/15/20231 MAYOR SIGNED   Action details Meeting details Not available
2/7/20230 COMMON COUNCIL SUBSTITUTED

Minutes note: Ald. Brostoff moved substitution of the file with Proposed Substitute B. (Prevailed 12-0)
Pass12:0 Action details Meeting details Video Video
2/7/20231 COMMON COUNCIL PASSED

Minutes note: Ald. Spiker, Perez, and Stamper, II added as cosponsors.
Pass12:0 Action details Meeting details Not available
1/31/20230 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR PASSAGE

Minutes note: Also appearing: Todd Farris, Deputy City Attorney Aaron Lipski, Fire Chief Jim Cooney, Licenses Division Ald. Mark Chambers, Jr. 2nd Ald. Dist. The committee requested for a written legal opinion and amended provisions related to an effective date and enforcement. Materials to be submitted prior to the Common Council meeting.
Pass5:0 Action details Meeting details Video Video
1/13/20230 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
Number
221499
Version
SUBSTITUTE 1
Sponsor
ALD. BROSTOFF, DIMITRIJEVIC, BORKOWSKI, CHAMBERS JR., SPIKER, PEREZ AND STAMPER
Title
A substitute ordinance relating to a moratorium on the issuance of certificates of occupancy for establishments selling electronic smoking devices or electronic smoking device paraphernalia.
Section
200-42.5 cr
Analysis
This ordinance creates a moratorium, until after August 1, 2023, on the issuance of certificates of occupancy, temporary certificates of occupancy, and conditional certificates of occupancy for establishments selling electronic smoking devices or electronic smoking device paraphernalia.
Body

Whereas, The Common Council finds that the availability and use of electronic smoking devices may have harmful impacts on the welfare of Milwaukee residents; and

Whereas, The Common Council wishes to review the City’s existing regulatory structure for establishments selling electronic smoking devices, and to develop revised regulations that better serve the interests of the residents of Milwaukee; and

Whereas, It is therefore appropriate to declare a moratorium on the issuance of certificates of occupancy for new establishments that sell electronic smoking devices or electronic smoking device paraphernalia; now, therefore

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

Part 1. Section 200-42.5 of the code is created to read:

200-42.5. Certificate Moratorium; Electronic Smoking Device Establishments.
1. PURPOSE. The city, in the exercise of its authority to issue certificates of occupancy and the administration and enforcement of its building and zoning regulations, strives to follow certificate-issuance procedures and practices that best meet the needs of the residents of Milwaukee while allowing property owners to make reasonable use of their properties. The city recognizes that a proliferation of establishments selling electronic smoking devices or electronic smoking device p...

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