HomeMy WebLinkAbout08-457NOVEMBER 25, 2008 08 -457 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: AUTHORIZE TRANSFER OF "CLASS B" LICENSE FOR USE AT
OSHKOSH CONVENTION CENTER / FOX RIVER PIZZA &
BUFFET (SUPPLE INC.), AGENT JOHN SUPPLE
INITIATED BY: CITY ADMINISTRATION
WHEREAS, a request to transfer a license has been made, fees deposited, and
all legal procedures have been taken as per Ordinance of the City of Oshkosh; and
WHEREAS, the Common Council approved a license issued to Fox River Pizza
& Buffet (Supple Inc.) by Resolution #08 -231 on June 24, 2008 with the condition that
the License Holder must use the License in the Marion Road /Pearl Avenue
Redevelopment Area; and
WHEREAS, the License Holder has requested to transfer the license from the
Marion Road /Pearl Avenue Redevelopment Area to the Oshkosh Convention Center to
allow the License Holder to provide catering and beverage services for the renovated
Oshkosh Convention Center through the Oshkosh Convention and Visitors Bureau
Agreement with the City of Oshkosh for the temporary operation of the Center until such
time as the City enters into an agreement with a successor operator for proposed
operation of the Center on a longer term basis;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the following license premise transfer be granted:
PREMISE TRANSFER
COMBINATION "CLASS B" LICENSE
(NOVEMBER 25, 2008 THRU JUNE 30, 2009)
TRANSFER LICENSE PREMISE FROM
150 N. Koeller Street
NAME AND ADDRESS:
FOX RIVER PIZZA & BUFFET (Supple Inc.)
Agent: John Supple, 4206 Shady Lane
TRANSFER LICENSE PREMISE TO:
2 N. Main Street
LOCATION OF PREMISE:
Oshkosh Convention Center
with the following condition:
That the License be transferred to the Marion Road /Pearl Avenue Redevelopment Area
at such time as the City enters into an agreement with a successor operator to the
Oshkosh Convention and Visitors Bureau for proposed operation of the Center and the
successor operator takes over the operation of the Convention Center.
CITY HALL
215 Church Avenue
P.O. Box 1130
Oshkosh, Wisconsin
54903 -1130 City of Oshkosh
OfHKO.fH
TO: Honorable Mayor and Members of the Common Council
FROM: Mark A. Rohloff, City Manager
DATE: November 21, 2008
RE: Temporary Transfer of Class "B" Liquor License to Convention Center
BACKGROUND
As Council is aware, the Convention and Visitors Bureau (CVB) has been working to market
and operate the new Convention Center until a permanent manager can be found. As part of
marketing the Center, the CVB has been in need of a Class "B" liquor license to provide full
food and beverage service. You will recall that the City Council had removed the Convention
Center property from the liquor license for the Park Plaza Hotel due to its lack of
performance in our agreement to operate the Center.
In order to obtain a license for the Center, I had sought the assistance of Bankers Bank
(current owners of the Park Plaza) to exchange their existing license for a "non- quota" license
that is available to qualifying hotels such as theirs. However, Bankers Bank is unwilling to
exchange their license. As a result, my alternate plan has been to ask the Supple
Restaurant Group to temporarily transfer their Marion Road license to the Convention
Center. The Supples currently have the only license available that is not being actively used.
The plan would be that the Supples would be the exclusive beverage operator at the
Convention Center during this temporary arrangement. It should be noted that the caterer for
the Center is an issue for the CVB to determine, but with the only available beverage license
in the Supples possession, they would be the likely candidate for the catering work. Having
said that, Jay Supple has indicated to me that should the hotel operator not be interested in
managing the Convention Center, his group would like to be considered for permanent
management of the Center.
The Dumke group currently has the controlling interest in developing the Marion Road area.
They are aware that the CVB will need to use the liquor license until permanent management
is established for the Convention Center, which could be for an extended period depending
upon how long it takes Bankers . Bank to sell the Park Plaza. The Dumkes want some
assurances that a license is available should they find a potential restaurant tenant. At the
same time, I am aware that Council's intent was for a license to remain available for the
Marion Road area.
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Mayor & City Council
November 21, 2008
Page 2
ANALYSIS
I believe that both the Convention Center and the Marion Road redevelopment site can have
a liquor license when the need arises. I have discussed the issue with City Attorney
Lorenson, and she is reviewing our options that may be available through our local and state
codes to ensure that we can allocate liquor licenses so that both facilities can hold a license.
Some of this may involve exchanging quota licenses for non -quota licenses that are
available to qualifying restaurants and /or hotels. I have spoken with the representatives of
both the Dumkes and Supples, and they are agreeable to the temporary transfer of the liquor
license to the Convention Center until a way can be found for both sites to have a permanent
liquor licenses
FISCAL IMPACT
There is no fiscal impact to the city to transfer these licenses. The advantage the transfer
offers is that the Convention Bureau may begin marketing the Center with full food and
beverage service, which will make it more marketable, resulting in additional room tax revenue.
RECOMMENDATION
I recommend that the Council approve the license transfer and allow me to work with the
affected parties and the City Attorney to find a way for each facility to have their own license.
Should we identify any other alternatives, we will bring them to Council for consideration.
Respectfully submitted,
Mark A. Rohloff
City Manager