City of Milwaukee - File #: 100931

• File #: 100931
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 11/23/2010
• In control: LICENSES COMMITTEE
• Final action: 12/21/2010
• Effective date: 5/1/2011
• Title: A substitute ordinance requiring a recording studio that is open between the hours of 12 a.m. and 5 a.m. to obtain an extended hours establishment license.
• Sponsors: ALD. BOHL
• Indexes: LICENSES

Date	Ver.	Action By	Action	Result	Tally
1/12/2011	1	CITY CLERK	PUBLISHED
1/5/2011	1	MAYOR	SIGNED
12/21/2010	1	COMMON COUNCIL	PASSED	Pass	15:0
12/7/2010	0	LICENSES COMMITTEE	SUBSTITUTED	Pass	3:0
12/7/2010	1	LICENSES COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Individual present, not in favor of the extended hours request of this ordinance: James L. Swift	Pass	3:0
11/23/2010	0	COMMON COUNCIL	ASSIGNED TO

Number

100931

Version

SUBSTITUTE 1

Reference

Sponsor

ALD. BOHL

Title

A substitute ordinance requiring a recording studio that is open between the hours of 12 a.m. and 5 a.m. to obtain an extended hours establishment license.

Sections

84-7-1 am

84-7-2-b am

84-7-2-e rn

84-7-2-e cr

84-7-3 am

...Analysis

This ordinance requires any recording studio that operates between the hours of 12 a.m. and 5 a.m. to have an extended hours establishment license.  The effective date of this ordinance is May 1, 2011.

Body                     

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

Part 1.   Section 84-7-1 of the code is amended to read:

84-7.  Extended Hours Establishments.  1.  FINDINGS.  The common council finds that certain businesses, when open in the early morning hours, have a tendency to become attractive nuisances, generating noise, congregations of people, traffic congestion and litter, and may provide an environment in which other offenses can occur.  Moreover, it is the experience of the city of Milwaukee that these businesses - convenience stores, filling stations, personal services establishments >>, recording studios<< and restaurants - when open between the hours of 12 a.m. and 5 a.m., if unregulated, threaten to place an inordinate burden on the public safety resources of the city and its taxpayers.  This section is enacted pursuant to the common council’s authority to provide for the health, safety and welfare of the residents of the city of Milwaukee.

Part 2.  Section 84-7-2-b of the code is amended to read:

2.  DEFINITIONS.

b.  “Extended hours establishment” shall mean any convenience store, filling station, personal service establishment >>, recording studio<< or restaurant open at any time between 12 a.m. and 5 a.m.

Part 3.  Section 84-7-2-e of the code is renumbered 84-7-2-f.

Part 4.  Section 84-7-2-e of the code is created to read:

e.  “Recording studio” means an establishment containing one or more studios for the audio or video recording or filming of musical performances, radio or television programs or motion pictures, but not containing broadcasting studios for over-the-air, cable or satellite delivery of regularly-scheduled radio or television programs.

Part 5.  Section 84-7-3 of the code is amended to read:

3.  LICENSE REQUIRED.  No convenience store, filling station, personal service establishment >>, recording studio<< or restaurant shall be open between the hours of 12 a.m. and 5 a.m. without first applying for and receiving a license as provided in this section.

Part 6.  This ordinance shall be effective May 1, 2011.

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                     

LRB123466-2

JDO

12/03/2010