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HomeMy WebLinkAbout04. 21-298JUNE 8, 2021 21-298 RESOLUTION (CARRIED________LOST ___1-5____ LAID OVER _______ WITHDRAWN _______) PURPOSE: APPROVE COMBINATION “CLASS B” LICENSE / LANG DEVELOPMENT INC. / LANG DEVELOPMENT / 607 S. MAIN STREET INITIATED BY: CITY COUNCIL WHEREAS, an application and all required documentation for renewal of the combination “class B” license for Lang Development, Inc., has been submitted, and fees deposited; and WHEREAS, the official records of the Office of the City Clerk indicated that the licensee and premises for which the license is sought are not compliant with City Ordinance 4-6 Required Use of License; and WHEREAS, a Notice of Intention to Not Renew was sent to the Licensee and the Licensee provided information which the Council has considered and the Council has determined that sufficient grounds exist to waive the requirements of Section 4-6 of the City of Oshkosh Municipal Code for this premises for the current license year (2021-2022) for the reasons specified below. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following license is hereby granted subject to satisfaction of such conditions as may be identified by the Chief of Police and Fire Chief, or their respective designees, or by a representative of the Winnebago County Health Department; subject to the payment of taxes and other charges as specified in section 4-5(B) of the City of Oshkosh Municipal Code; and subject to the fulfillment of any further conditions imposed by State Statute for issuance of such license: Lang Development, Inc., Nicholas Lang – Agent, for premises located at 607 S. Main Street City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Mayor and Members of the Common Council FROM: Lynn A. Lorenson, City Attorney DATE: June 3, 2021 RE: Non-renewal Hearing – Lang Development Inc. Attached to this memorandum is an outline for the procedure on the liquor license non-renewal hearing and a draft version of Findings of Fact and Conclusions of Law which the Council may use as a basis for its findings pertaining to the license hearing for Lang Development Inc. The Findings and Conclusions of Law are based upon the Notice of Non-Renewal that was sent to Lang Development Inc. and would apply if there is evidence presented at the hearing and Council finds that Lang Development Inc. has not used the license granted to it in compliance with section 4-6 of the City of Oshkosh Municipal Code. The attached Findings of Fact and Conclusions of Law is a draft only and may be modified by the Council as evidence may indicate. It is simply intended to provide the Council with an initial framework from which to proceed. If anyone has any questions or concerns, please feel free to contact me. BEFORE THE COMMON COUNCIL CITY OF OSHKOSH PROCEDURE ON LIQUOR LICENSE HEARING NONRENEWAL June 8, 2021 ANNOUNCEMENT OF LICENSE HEARING - See attached Exhibit “A” APPEARANCES (Licensee, any representative of Licensee) EXPLANATION OF PROCEDURE STATEMENT BY THE CITY CLERK REGARDING NON-RENEWAL NOTICE TO LICENSEE AND RECORDS OF HER OFFICE; CERTIFICATE OF SERVICE ACCEPT THE NOTICE OF HEARING; AFFIDAVIT OF THE CLERK; AND CERTIFICATE OF SERVICE INTO THE HEARING RECORD. TESTIMONY OF LICENSEE/REPRESENTATIVE (Clerk will swear in any witnesses. Direct and cross examination and questions by Council) FINAL STATEMENT BY THE LICENSEE/REPRESENTATIVE HEARING DECLARED CLOSED COUNCIL MEMBER DELIBERATION Motions and roll call votes to renew/nonrenew license with or without conditions (Motions are always made in the affirmative so that “yes means yes – renewal; no means the license will not be renewed)  To renew the license without conditions o Motion to approve o “yes” vote approves license; “no” vote does not approve renewal license  To non-renew the license o Motion to approve o “yes” vote approves license; “no” vote does not approve renewal license o If the license is not approved, then go through Findings of Fact and Conclusions of Law, make any changes as necessary – can be done by consensus o Motion to approve Findings of Fact and Conclusions of Law  To renew the license with conditions o Motion to approve o Motion to amend the resolution to include the conditions o “yes” vote approves amendment to include conditions; “no” vote rejects amendment with conditions o Vote on the Main Motion (as amended if conditions passed) - “yes” vote approves license as amended; “no” vote does not approve renewal license o If License is not renewed with/without conditions - go through the Findings of Fact and Conclusions of Law, make any changes necessary – can be done by consensus o Motion to approve Findings of Fact and Conclusions of Law DIRECTIONS TO CLERK Notify the applicant of the Council’s determination RETURN TO COUNCIL AGENDA Exhibit “A” The purpose of this meeting is to conduct a hearing per Section 125.12 of the Wisconsin Statutes on the decision to renew or nonrenew the license of Lang Development Inc., Agent Nicholas Lang for premises located at 607 S. Main Street, Oshkosh, Wisconsin. The procedure for this hearing is as follows. The City Clerk will review the Notice of Nonrenewal served upon the Licensee and enter the certified public records into the record of this hearing. The Licensee will then be given an opportunity to present any evidence that he/she wishes the Council to consider in relation to the decision whether or not to renew the license. Anyone giving testimony before the Council will be sworn in by the City Clerk. After the Licensee has been given the opportunity to present any information he/she wishes the Council to consider, the Council members will be then be permitted to ask questions. Thereafter, the Licensee will be given a final opportunity to make a statement to the Council. The hearing is then closed and the issue will be discussed and voted on by the Council. The Council will base its decisions only on the evidence it hears at this hearing. DRAFT VERSION of FINDINGS of FACT and CONCLUSIONS of LAW This draft of Findings of Fact and Conclusions of Law is based upon the Notice of Intent to Non-Renew and would be applicable if the Council determines that the evidence at the hearing supports the conclusion that Lang Development Inc. has failed to conduct a license- related business upon the premises located at 607 S. Main Street in the City of Oshkosh in compliance with the requirements of section 4-6 of the City of Oshkosh Municipal Code. The Findings and Conclusions may be modified as necessary based upon information presented at the hearing in this matter.