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HomeMy WebLinkAbout07-196 FIRST READING JULY 10,2007 07 -196 ORDINANCE (CARRIED LOST LAID OVER WITHDRAWN PURPOSE: AMEND SMOKING ORDINANCE INITIATED BY: MAYOR TOWER AND COUNCIL MEMBER ESSLINGER A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 14- 1.2(C)(3) and 14-1.2(D)(3) PERTAINING TO CERTAIN EXEMPTIONS THE COMMON COUNCIL OF THE CITY OF OSHKOSH DO ORDAINS AS FOLLOWS: SECTION 1. That Section 14-1.2(C)(3) of the Oshkosh Municipal Code pertaining to INCIDENTAL FOOD EXEMPTION is repealed and recreated to read as follows: 14-1.2(C)(3) Incidental Food Exemption 3.8. Every new or remodeled establishment that requires a new occupancy permit for any reason shall not be subject to the requirements of this ordinance for a period of 90 calendar days from the date of opening or date of issuance of the new occupancy permit. Thereafter, if the business desires to apply for an incidental food exemption, the business shall submit a sworn, written statement attesting that the gross sales of meals and beverages at the establishment during the 90 calendar day period did not exceed 20% of the total gross sales of the establishment during that same period. This verification shall be provided to the Health Services Division not later than ten (10) business days after the expiration of this 90 day period and annually thereafter as set forth above. No smoking shall be permitted in any establishment failing to timely file said documentation. b. Every business changing the nature of the business shall comply with the requirements of this ordinance for the 90 day calendar day period following the change. Thereafter, every business changing the nature of the business such that the gross sales of meals and beverages during the preceding 90 calendar days did not exceed 20% of the total gross sales of the establishment may request an exemption under this subsection by submitting a sworn, written statement stating that the nature of the business has changed with an explanation of that change and attesting that the gross sales of meals and beverages at the establishment during the 90 calendar day period did not exceed 20% of the total gross sales of the establishment during that same period. This verification shall be provided to the Health Services Division not later than ten (10) business days after the expiration of this 90 day period and annually thereafter as set forth above. No smoking shall be permitted in any establishment failing to timely file said documentation. FIRST READING JULY 10,2007 07 -196 ORDINANCE CONT'D c. Filing a false statement shall be deemed a violation of this Section and upon conviction be required to forfeit not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000) plus the costs of prosecution. SECTION 2. That Section 14-1.2(D)(3) of the Oshkosh Municipal Code pertaining to TAVERN EXEMPTION is repealed and recreated to read as follows: Tavern Exemption 14-1.2(D)(3) 3. 8. Every new or remodeled establishment that requires a new occupancy permit for any reason shall not be subject to the requirements of this ordinance for a period of 90 calendar days from the date of opening or date of issuance of the new occupancy permit. Thereafter, if the business desires to apply for a tavern exemption, the business shall provide to the Health Services Division a sworn, written statement attesting that the gross sales of alcohol beverages at the establishment during the 90 calendar days period exceeded 70% of the total gross sales for meals and beverages to be consumed on the premises of the establishment during that same period. This verification shall be provided to the Health Services Division not later than ten (10) business days after the expiration of this 90 day period and annually thereafter as set forth above. No smoking shall be permitted in any establishment failing to timely file said documentation. b. Every business changing the nature of the business shall comply with the requirements of this ordinance for a 90-calendar day period. Thereafter, Every business changing the nature of the business such that the gross sales of alcohol beverages during the preceding 3 months exceeded 70% of the total gross sales for meals and beverages to be consumed on the premises of the restaurant during that same time period by submitting a sworn, written statement stating that the nature of the business has changed with an explanation of that change and attesting that the gross sales of alcohol beverages at the establishment during the 90 calendar days period exceeded 70% of the total gross sales for meals and beverages to be consumed on the premises of the establishment during that same period. This verification shall be provided to the Health Services Division not later than ten (10) business days after the expiration of this 90-day period and annually thereafter as set forth above. No smoking shall be permitted in any establishment failing to timely file said documentation. c. Filing a false statement shall be deemed a violation of this Section and upon conviction be required to forfeit not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000) plus the costs of prosecution. SECTION 3. This ordinance shall be effective upon passage and publication as provided by law.