HomeMy WebLinkAbout28. 22-247JUNE 14, 2022 22-247 RESOLUTION
(CARRIED___6-1_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE COMMERCIAL QUADRICYCLE LICENSE FOR
OSHKOSH BREW BIKE, LLC
INITIATED BY: CITY ADMINISTRATION
WHEREAS, the City of Oshkosh has an ordinance that provides for the operation
of Commercial Quadricycles within the City of Oshkosh if the operator has a valid
Commercial Quadricycle License issued by the City of Oshkosh Common Council.
WHEREAS, the Oshkosh Brew Bike, LLC has applied for a Commercial
Quadricycle License for the 2022 calendar year for the Commercial Quadricycle identified
as Trolly #1.
WHEREAS, the Department of Community Development has reviewed the
application, has consulted with necessary City staff, has determined the applicant has
met the criteria established in Section 8-8 of the City of Oshkosh Municipal Code, and is
recommending that Common Council approve the Quadricycle License for Oshkosh
Brew Bike, LLC for Trolly #1.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that a Commercial Quadricycle License for Oshkosh Brew Bike, LLC, for Trolly
#1, is hereby approved, with the following conditions:
The routes on which the Trolly #1 shall operate are shown on the attached
Exhibit A. Trolly #1 shall only operate on the approved routes within the
City of Oshkosh. Any new route, temporary route, or route change must
be approved by the Common Council by filing an amended application
with the Department of Community Development.
The approved locations where passengers shall be picked up and dropped
off by Trolly #1 and where Trolly #1 shall park are indicated by stars on
Exhibit A. All of the approved locations are either private or public parking
lots. Loading or unloading passengers in any traffic lane, or in any manner
JUNE 14, 2022 22-247 RESOLUTION
CONT’D
that adversely affects the safety of passenger or the public, or impedes or
interferes with the orderly flow of traffic is strictly prohibited.
Oshkosh Brew Bike, LLC shall comply with all state and local laws,
regarding the operation of Commercial Quadricycles. These regulations
include, but are not limited to the following:
o No alcoholic beverages shall be sold on Trolly #1. This includes the
prohibition of delivery of alcoholic beverages previously sold by a
caterer.
o Each passenger on Trolly #1 is permitted to carry up to 36 ounces of
fermented malt beverages, as defined by Wis. Stat. § 125.02, on to
Trolly #1. No other alcoholic beverages may be possessed, carried
upon, or consumed on Trolly #1.
o No glass containers are allowed on Trolly #1.
o Trolly #1 shall not be occupied by passengers or available to carry
passengers after 10:30 pm or before 10:00am.
Oshkosh Brew Bike, LLC shall inform their passengers of state and local
laws regarding open intoxicants. It is specifically noted that open
intoxicants are not currently allowed in any of the proposed pick-up or
drop-off areas approved under this License.
Prior to the issuance of the License, proof of insurance shall be provided to
the City in the form requested.
Prior to issuance of the License, Trolly #1 shall be inspected by the City of
Oshkosh Police Department and shall be found to be in a satisfactory and
safe condition, in clean and good appearance, and in compliance with all
provisions of state and local law.
JUNE 14, 2022 22-247 RESOLUTION
CONT’D
The License shall expire on December 31, 2022.
Prior to its annual expiration, the License may be revoked by Common
Council for the reasons listed in Section 8-8 of the Oshkosh Municipal Code,
including, but not limited to, a violation of the term of this License, a
violation of Section 8-8 of the Municipal Code, or a violation of state law
regarding the operation of Commercial Quadricycles.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
TO: Honorable Mayor and Members of the Common Council
FROM: Mark Lyons, Planning Services Manager
DATE: June 9, 2022
RE: Approve Commercial Quadricycle License for Oshkosh Brew Bike, LLC
BACKGROUND
On September 25, 2018 the Common Council of approved Ordinance 18-499 regulating the
operation of commercial quadricycles (Pedal Pubs). The ordinance established the required
criteria for issuance of a commercial quadricycle license by Common Council including:
A yearly, non-transferable license.
Name, address, and other information pertaining to quadricycle operator.
Identification of the commercial quadricycle such as a photo.
There would be no sales or service of alcohol on the quadricycle.
The routes must be approved by the City and any changes in routes must be
approved by the City. No routes would operate on sidewalks, recreational
trails, or the Riverwalk.
Loading and unloading passengers must be done in legal parking spaces.
The pedal pub hours are limited to 10:00 am to 10:30 pm.
The pedal pub driver must have a valid Driver’s License and obey traffic
laws.
Music or other noise audible are not permitted to be above conversational
speech levels at a distance of 25 feet.
The quadricycle must display Commercial Quadricycle license.
Proof of insurance.
ANALYSIS
The Department of Community Development, Oshkosh Police Department, and Attorney’s
Office have reviewed the application. The applicant has noted that the quadricycle is currently
undergoing updates with a goal of beginning operation in July 2022. The application is included
the required submittal information. The applicant will need to complete a final inspection by the
Oshkosh Police Department and provide final proof of insurance prior to beginning the
operation. The applicant’s route maps are attached to this memo and minimize conflicts with
major roadways like N. Main Street. All stops indicated on the routes are within parking lots
and comply with the ordinance requirements.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
RECOMMENDATION
The Common Council approve the commercial quadricycle license for Oshkosh Brew Bike, LLC
with conditions.
Respectfully Submitted, Approved:
Mark Lyons John Fitzpatrick
Planning Services Manager Assistant City Manager / Director of
Administrative Services