HomeMy WebLinkAbout12-37
JANUARY 10, 2012 JANUARY 24, 2012 12-08 12-37 ORDINANCE
FIRST READING SECOND READING
(CARRIED_______LOST___0-6_____LAID OVER_______WITHDRAWN_______)
PURPOSE: AMEND CLOSING HOURS FOR CLASS “A” FERMENTED MALT
BEVERAGES (BEER) AND “CLASS A” INTOXICATING LIQUOR
RETAILERS
INITIATED BY: CITY ADMINISTRATION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND
RECREATING SECTION 4-20 PERTAINING TO CLOSING HOURS FOR ALCOHOL
BEVERAGE LICENSEES TO AMEND CLOSING HOURS FOR CLASS “A” FERMENTED
MALT BEVERAGES (BEER) AND “CLASS A” INTOXICATING LIQUOR RETAILERS
WHEREAS, the Wisconsin Legislature by 2011 Act 97 amended the State Statutes
related to closing hours for Class “A” and “Class A” alcohol beverage retailers to allow
such retailers to sell fermented malt beverages (beer) and intoxicating liquor, including
wine, in their original packages for consumption off premises beginning at 6:00 a.m. unless
the municipality imposes more restrictive closing hours; and
WHEREAS, the City of Oshkosh municipal code currently provides that no premises
for which a Class “A” license or permit has been issued may remain open for the sale of
fermented malt beverages between 9:00 p.m. and 8:00 a.m.; and
WHEREAS, the City of Oshkosh municipal code currently provides that no premises
for which a “Class A” license or permit has been issued may remain open for the sale of
intoxicating liquor between 9:00 p.m. and 8:00 a.m.; and
WHEREAS, the City has received requests from several of its licensees to amend
its current ordinance to allow sales prior to 8:00 a.m.
The Common Council of the City of Oshkosh does ordain as follows:
SECTION 1. That Section 4-20 of the Oshkosh Municipal Code pertaining to the
Closing Hours for Alcohol Beverage Licensees for is hereby repealed and recreated to
read as follows:
SECTION 4-20 CLOSING HOURS
The closing hours for licensed premises shall be as established by the Wisconsin Statutes
except as follows:
JANUARY 10, 2012 JANUARY 24, 2012 12 -08 12 -37 ORDINANCE
FIRST READING SECOND READING CONT'D
(A) "Class A" License
No premises for which a "Class A" license or permit is issued shall be permitted to
remain open for the sale of intoxicating liquor between 9:00 p.m. and 6:00 a.m.
(B) Class "A" License
No premises for which a Class "A" license or permit is issued shall be permitted to
remain open for the sale of fermented malt beverages between 9:00 p.m. and 6:00
a.m.
(C) No alcohol beverages shall be sold or consumed upon any licensed premises during
the closing hours specified above.
SECTION 2. This ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 3. Publication Notice.
Please take notice that the City of Oshkosh enacted ordinance #12 -37 A GENERAL
ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING SECTION 4-
20 PERTAINING TO CLOSING HOURS FOR ALCOHOL BEVERAGE LICENSEES TO
AMEND CLOSING HOURS FOR CLASS "A" FERMENTED MALT BEVERAGES (BEER)
AND "CLASS A" INTOXICATING LIQUOR RETAILERS, on January 24, 2012. The
ordinance would allow Class "A" fermented malt beverage (beer) and "Class A' intoxicating
liquors, including wine, retailers to sell alcohol beverages beginning at 6:00 a.m.
The full text of the ordinance may be obtained at the Office of the City Clerk, 215
Church Avenue and through the City's website at www.ci.oshkosh.wi.us Clerk's phone
920/236-5011.
CITY HALL
215 Church Avenue
P P.O.Box 1130
Oshkosh WI 54902-1130
PAMELA R.UBRIG
City Clerk
O f HKO)H ANGELA J.JOECKEL
Deputy City Clerk
ON THE WATER
KATHLEEN M.FREDRICK
Secretary
Phone:(920)236-5011
Fax:(920)236-5039
TO: Honorable Mayor and Members of the Common Council
FROM: Pamela R. Ubrig, City Clerk
DATE: January 5, 2012
RE: Ordinance to Amend the Closing Hours for Class "A" and "Class A"
Alcohol Beverage Retailers
BACKGROUND
In December of last year, the Wisconsin Legislature amended state statutes related to the retail
sale of alcohol beverages to change the morning closing hours for Class "A" fermented malt
beverage (beer) and "Class A" intoxicating liquors, including wine, retailers from 8:00 a.m. to
6:00 a.m. Retail sales refers to those sales of alcohol beverages in their original containers for
consumption off premises and these types of licenses would be typical for liquor stores, grocery
stores and convenience stores. The state statute contains provisions that allow a municipality,
by ordinance, to impose more restrictive hours should it so choose.
Currently the City of Oshkosh allows retail sales of both fermented malt beverages and
intoxicating liquors from 8:00 a.m. to 9:00 p.m.
ANALYSIS
Several current licensees have contacted city staff to inquire whether the City would be changing
its current ordinances to allow retail sales of alcohol beverages beginning at 6:00 a.m.
While staff has not identified any direct fiscal impact associated with this change, it should be
noted that there may be public safety concerns associated with any expansion of alcohol
beverage availability.
FISCAL IMPACT
There is no anticipated fiscal impact related to this change
•ectfully Sub ted Approved:
Pamela R. Ubrig Mark A. Rohloff
City Clerk City Manager