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Home My WebLink About31912 / 82-03JUNE 3, 1982 SECOND READING # 3 ORDINANCE PURPOSE;: Ai�1END ORDZNANCE P�NAliTI�S FOR LIQUOR VIOLATIONS INITIATED BY: LEGAL DEPARTMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 1-5.Z(a), 4-47 and 4-52 OF THE OSHKOSH MUNICIPAL CODE PERTAIN- ING TO PENALTIES FOR ALCOHOLIC AND FERMENTED MALT BEVERAGE VZO- LATIONS. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 1-5.1(a) of the Oshkosh Municipal Code pertaining to the stipulation of guilt for ordinance viola- tions is hereby amended as follows: DELETE THEREFROM i��coxii:ants Lu d minor ADD THERETO Intoxicants to a minor $' 35. 0.�. 100.00 $�99.-88 - First Offense $398.-A9 - Second Offense 200.00 SECTION 2. That Section 4-47 of the Oshkosh Municipal Code pertaining to penalties for liquor and fermented malt beverage violations is hereby amended to read as follows: SECTION 4-47 PENALTIES Every person convicted of a violation of any of the pro- visions of the following enumerated Sections of this Chap- ter shall for each offense be punished by the forfeitures as set forth, together with the costs of prosecution and in default of payment of such £ines and costs, by imprison- ment in tha County Jail for Winr.ebago County for the ter.ms hereinafter stated: (A) A forfeiture of not less than Thirty-five Dollars ($35.00) nor more than Five Hundred Dollars ($500.00) and in default of payment thereof by imprisonment for not ex- ceeding sixty (60) days for a violation of any of the follow- ing: Articles I, II, excluding Section 4-22 and 4-24(A) - 3A - JUNE 3, 1982 # 3 Ordinance - Penalties for Liquor Violations - continued (B) A forfeiture of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) and in default of payment thereof by imprisonment for not exceeding ninety (90) days for a violation of any of the following: Section 4-22 and 4-24(A) (C) In addition to the penalties herein provided, any license issued under Articles I and II of this Chapter held by a person convicted of violating the provisions of this ehapter shall be subject to revocation or suspension by the Oshkosh Common Council pursuant to Section 176.11 and 176.12 of the Wisconsin Statutes. SECTION 3. That Section 4-52 of the Oshkosh Municipal Code pertaining to penalties for liquor and fermented malt beverage regulations in City Parks shall be amended to read as follows: SECTION 4-52 PENALTIES Any person who shall violate any of the provisions of Article III shall upon conviction thereof, be punished by a forfeiture of not less than $35.00 nor more than $200.00, together with the cost or prosecution, and in default of payment thereof, by imprisonment in the County Jail for a period not to exceed sixty (60) days. Each day of violation shall constites a separate offense. SECTION 4. This ordinance shall be in full force and effect from and after its passage and date of publication. SiTBISITTED BY pF?' �'i'�LD � � • May 20, 1982 FIRST READZNG PURPOSE: ITTiTIATED BY: N6 ORDINANCE AMEND ORDINANCE PENALTIES FOR LIQUOR VIOLATIONS t�cni, nseax�rr�rrr � A GENERAL ORDINANCE OF THE CITY OF OSHROSA AMENDING SECTIONS 1-5.1(a), 4-47 and 4-52 OF TEiE OSHICOSH MUNICIPAL CODE PERTAINING TO PENALTIES FOR ALCOHOLIC AND E'ERMENTED MALT BEVERAGE VIOLATIONS, The Co�on Council of the Citq of Oshkosh do ordain`as follows: gECTIpN 1. 2hst S�ct�aa -5.lia) of the Oshko�h ;Sunicipal Code per- taiaing to the stipulation of guilt;for ordinance violations is hereby amended as follows: DELETE THEREFROM Intoaicants to a minor ADD THERETO Intoxicants to a minor � � $ 35.00 � � �;., . ',$�6d.A0 - First offense ` $380:00 - Second offense t, SECTION 2. Tha Section 4-4Z of the Oshkosh Municipal Code pertaining to penalties for liquor a�d fermented`malt beverage violations is hereby amended ta read as follows: '� SECTION 4-4T PENALTIES Every person convicted of a violation of any oF the provisions of the following enumerated Sections of this Chapter shall for each offense i,o n1L,j.�t,�a by r!=� p��rz?��;ES ��.at fc-.th, Luget'r,er viCn ehe co�ts of prosecution and in default o£^payment of such fines and costs, by imprisonment in the County Jail for Winnebago Couaty for the terms hereinafter stated: (A) A forfeiture of not less than Thirty-five Dollars ($35.00) nor more than Five Hundred Dollars ($SOQ.00) and in default of payment thereof by imprisonment for not exceeding sixty (60) days for a viola- tion of any of the following: Articles I, II, excluding Section 4-22 and 4-24(A) - 6A - May 20, 1982 � 6 Ordinance - Penalties for Liq. V1oI. - Cont'd. (B) A forfeiture of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) and in default of payment thereof by imprisonment for not exceeding ainety (90) days for a viola- tion of any of the following: Section 4-22 and 4-24(A) (C) In addition to the penalties herein provided, any Iicense issued under Article II of this Chapter held by a person convicted of violating the provisions of tfiis Chapter shall be subject to revo- cation by a Court of record. If a person is convicted of a second � offense under the provision of this Chapter, the violator forfeits ��Y�`� any license issued to him or her uader Article II �ri[hout further notice. - (D) Fn addition to the penalties herein provided, any license issued under Article I of this Chapter held by a pe;soa convicted of violating the prov3sions of this Chapter shall b,� subject to revocation or suspension by the Oshkosh Comm�n Council puisuant to Sections 176.11 and 176.12 of the Wisconsin Statutes. SECTION 3. That Section 4-52 af the:dshkosh Municipal Code pertaining to penalties for liquor and fermented walt beGerage regulations in City Parks shall be amended to read as follows: SECTION 4-52 PENAL�IES Any person who shall v shall upon conviction less than $35.00 nor m or prosecution, and in in the County Jail fo� day of violation'sha11 olate� any of the provisions of Article III her.�of, be punished by a forfeiture of aot r,e•`than $200.00, together with the costs d'efault of payment thereof, by imprisonment a period not to exceed sixty (60) days. Each constitute a separate offense. SECTION 4. This ordinance shall be in full force and effect from and after its passage and date of publication. 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