HomeMy WebLinkAbout33. 12-92FEBRUARY 28, 2012 12 -63A 12 -92 PENDING
FEBRUARY 14, 2012 RESOLUTION
(CARRIED 5 -1 P LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE COMBINATION "CLASS B" LICENSE
INITIATED BY: CITY CLERK
COMBINATION "CLASS B" LICENSE
(FEBRUARY 28, 2012 thru JUNE 30, 2012)
NAME AND ADDRESS: LOCATION OF PREMISES:
OSHKOSH KNIGHTS OF COLUMBUS (Oshkosh Knights of Columbus Building
Association, Inc.) ............. ............................... ...........................1821 Jackson Street
Agent: Dennis Schwab, 4525 Stonewood Drive
CITY HALL
215 Church Avenue
P.O. Box 3130
Oshkosh WI 54902 -1130
nnww PAMELA R. y Clerk
City Clerk
Of HKOf H ANGELA J. dOECKEL
peputy 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: February 24, 2012
RE: Approval of Combination "Class B" License 1 Knights of Columbus
City ordinances provide that the failure to conduct a license - related business on a premise for
which a license has been issued for any one year period is a violation of the city municipal
code. If no license- related business is carried on for a one -year period, the council may
consider revocation of the liquor license. In practice, when the City Clerk's office becomes
aware that a licensed business appears no longer to be in operation, staff will attempt to
contact the licensee or otherwise confirm that the business is no longer in operation and will
make a notation in the license file indicating that the business is closed and the date. Each
year at renewal time, the City Clerk's office reviews the applications and any establishments
which appear to have not conducted business within the prior license year are asked to
appear before the Council for consideration of whether the license has been used or should
be renewed in light of the lack of use of the license within the preceding license year.
in reviewing the fife for the Combination "Class B" License for the Knights of Columbus
located at 1821 Jackson Street -- there was a note that in the spring of 2010 the City Clerk's
Office noticed the business was closed to the public but there were private events scheduled
in 2010 and that the club wanted to honor those commitments, the City Clerk's office was not
given specific dates for the planned events. The City Clerk's Office did not receive a call or
letter from the license holder letting us know the date that the business was officially closed.
The City Clerk's Office proceeded to publish and have Council approve the license in May
2010 for the license period of July 1, 2010 through June 30, 2011 to accommodate the
already planned events. Due to the uncertainty of the actual closing of the business (public or
private occasions) the City Clerk's Office proceeded with the license renewal for 2011 -2012
with the intention to review the situation for failure to conduct a license - related business on
the premises in March 2012 when renewals for the 2012 -2013 license year were mailed.
In January 2012 — Dan Gabert of Oshkosh Knights of Columbus Building Association, Inc.
signed a notarized letter relinquishing the Combination "Class B" License to Dennis Schwab,
representative of 1821 Jackson Street, LLC. The application was published and submitted to
Council for approval on February 14, 2012. Council laid over that resolution with instructions
to the Clerk to contact the agent of the Oshkosh Knights of Columbus Building Association,
Inc. to try to get an exact date of closure. The agent -- Eugene Sonnleitner is currently going
through some health issues so Dan Gabert responded. Mr. Gabert indicated that he thought
the club closed to the public in February of 2010, except for Friday night fish dinners which
may have continued beyond that February date. In addition, Mr. Gabert indicated that they
had scheduled a big wrestling event for sometime in 2010 but that the event was ultimately
cancelled by the promoter.
With the uncertainty of the actual closing date during the 2010 -2011 license year, staff
proceeded with the renewal for the 2011 -2012 license year with the intention to review the
status during the upcoming 2012 -2013 license period for failure to conduct a license - related
business on the premises located at 1821 Jackson Street.
The City Clerk's Office did request Mr. Gabert to be in attendance at the February 28, 2012
Council meeting to answer questions of Council. Also, Mr. Schwab representing 1821
Jackson Street, LLC will be at the February 28, 2012 Council meeting to explain what the
plans for that location are.
Respectfully Submitted,
Pamela R. Ubrig
City Clerk
Approved:
Mark A. Rohloff
City Manager