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HomeMy WebLinkAbout04-29FEBRUARY 10, 2004 04-29 RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN .) PURPOSE: INITIATED BY: SET REFERENDUM TO CHANGE CHARTER ORDINANCE CITY ADMINISTRATION WHEREAS, the City Clerk has on January 23, 2004, certified as to the sufficiency of a direct legislation petition, filed on January 6, 2004, proposing an ordinance for the City of Oshkosh to create Section 14-1.2 of the City of Oshkosh Municipal Code pertaining to the prohibition of smoking inside restaurants, filed pursuant to Section 9.20 of the Wisconsin Statutes; and WHEREAS, Section 9.20, Wis. Stats., requires that, within 30 days of certification, the Common Council of the City of Oshkosh either pass said ordinance without alteration or, in the alternative, to submit said ordinance to the electors of the City of Oshkosh; and WHEREAS, Section 9.20(4), Wis. Stats., provides that if the election is more than 6 weeks after the date of the council's action on the petition or the expiration of the 30-day period, whichever first occurs, the question is submitted at the next spring election, which pursuant to Section 5.02(21), Wis. Stats., is the first Tuesday in April, i.e. April 6, 2004; and WHEREAS, the impact of such legislation should be decided by the electors; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to place the question presented in said petition on a referendum ballot to be voted on at the time provided by statute for holding the spring election, i.e. April 6, 2004. BE IT FURTHER RESOLVED that the question presented to the electorate shall be: Shall the City of Oshkosh adopt Section 14-1.2 of the Oshkosh Municipal Code, to prohibit smoking in all enclosed restaurants except for: (a) those facilities where gross sales of food and beverage service does not exceed 20% of the facility's total gross sales, (b) those taverns whose alcohol sales exceed 70% of total gross sales for meals and bevgrages, (c) those establishments with separately ventilated smoking rooms, provided the separate room meets the requirements of a tavern; or (d) those restaurants which experience a greater than 15% loss of gross receipts in the three-month period following adoption of this ordinance. YES NO FEBRUARY 10, 2004 04-29 RESOLUTION CONT'D Section 9.20(6) of the Wisconsin Statutes does not require the entire text of the proposed ordinance be printed on the ballot; rather, "a concise statement of its nature shall be printed together with a question permitting the elector to indicate approval or disapproval of its adoption." The spring ballot contains a referendum question that, if adopted by the electors, would prohibit smoking in all city restaurants subject to certain exceptions. A person who violates the ordinance would forfeit not less than $50 or more than $100 plus the costs of prosecution. A person who owns, manages, operates or otherwise controls the use of an establishment subject to the ordinance would forfeit not more than $200 plus costs for the first violation, not more than $300 plus costs for the second violation within the first year of the first conviction, and not more than $500 plus costs for the second and all subsequent violations within one year of the first conviction. The ordinance would create four exceptions: 1. Premises offedng incidental food services, whose gross sales of meals and beverages do not exceed 20% of the total gross sales of the establishment during the 12 month- period prior to the effective date of the ordinance, are excluded from the smoking ban. 2. Taverns, whose gross sales of alcohol beverages during the 12 month-period prior to the effective date of the ordinance exceed 70% of the total gross sales for meals and beverages consumed on the premises, are excluded from the smoking ban. 3. Restaurants, which experience a loss of gross receipts greater than 15% for the three months following the effective date of the ordinance when compared to the same three- month period of the previous year, may apply for a hardship exemption, exempting the facility from the smoking ban for a one-year period. 4. Establishments, which contain a separately ventilated smoking room, are excluded from the smoking ban, provided the room meets the requirements of a tavern as outlined in paragraph 2 above. A yes vote indicates approval for the smoking ban. A no vote indicates disapproval. If adopted by the electorate, the ordinance becomes effective upon its publication in the local newspaper. The publication must occur within 10 days of adoption.