Loading...
HomeMy WebLinkAbout18. 12-129 MARCH 27, 2012 12-129 RESOLUTION (CARRIED___6-0_____LOST________LAID OVER________WITHDRAWN________) PURPOSE: DESIGNATE OSHKOSH INVESTORS, LLC AS CONCESSIONAIRE AND AUTHORIZE APPLICATION TO THE STATE FOR A PUBLIC FACILITIES LIQUOR PERMIT FOR THE OSHKOSH CONVENTION CENTER INITIATED BY: CITY ADMINISTRATION WHEREAS, the City of Oshkosh restricts the possession of weapons and firearms in city buildings including the Oshkosh Convention Center; and WHEREAS, the City previously entered into an agreement with the Oshkosh Convention and Visitors Bureau (OCVB) for the operation of the Center and worked with the OCVB to obtain a Public Facilities Permit for the sale of intoxicating liquor on the premises; and WHEREAS, in anticipation of Oshkosh Investors, LLC taking over operation of the hotel facilities adjacent to the Convention Center and entering into an agreement with the City for operation of the Oshkosh Convention Center, the OCVB has notified the City of Oshkosh of its intention to cease operation of the Convention Center effective May 14, 2012; and WHEREAS, Wisconsin State Statutes allow municipalities to designate concessionaires for public facilities and apply for a Public Facility Permit from the State of Wisconsin Department of Revenue for the sale of intoxicating liquor for consumption by the glass on the premises of the public facility; and WHEREAS, the City of Oshkosh desires to designate Oshkosh Investors, LLC as the Public Facility Concessionaire for purposes of obtaining a Public Facilities Permit for the Oshkosh Convention Center in anticipation of entering into an agreement for operation of the convention center facility beginning on May 14, 2012. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that in anticipation of Oshkosh Investors, LLC taking over the operation of the hotel facilities adjacent to the Oshkosh Convention Center and entering into an agreement with the City for the operation of the Oshkosh Convention Center, Oshkosh Investors, LLC is hereby designated as the Concessionaire to provide food and beverage sales at the Oshkosh Convention Center located at 2 N. Main Street in the City of Oshkosh effective May 14, 2012. MARCH 27, 2012 12-129 RESOLUTION CONT'D BE IT FURTHER RESOLVED that the appropriate city officials are hereby authorized and directed to work with the designated concessionaire to complete and submit all necessary documentation to apply to the State of Wisconsin Department of Revenue for a Public Facility Permit under section 125.51(5)(b) of the Wisconsin State Statutes for the sale of intoxicating liquor for consumption by the glass on the premises of the Oshkosh Convention Center. CITY HALL 215 Church Avenue P.O.Box 1130 Oshkosh,Wisconsin 5 903-1130 City of Oshkosh O.fHKO1H TO: Honorable Mayor and Members of the Common Council FROM: Lynn A. Lorenson, City Attorney DATE: March 22, 2012 RE: Resolution to Designate Oshkosh Investors, LLC as Concessionaire and Authorize Application to the State for a Public Facilities Liquor Permit for the Oshkosh Convention Center BACKGROUND The City of Oshkosh owns the Oshkosh Convention Center located at 2 North Main Street in the City of Oshkosh. The Center is located next to a downtown hotel and in the past had been operated by the hotel operators. More recently the City had entered into an agreement with the Oshkosh Convention and Visitors Bureau for operation of the Center. In order to provide a liquor license for operation of the Convention Center facility separate from the hotel facility, the City had designated the caterer with whom the OCVB had contracted for catering services as a concessionaire under the Wisconsin State Statutes. By designating a concessionaire, the City was able to facilitate provision of a liquor license for the convention center facility through the State of Wisconsin, which license is not subject to local license quotas. In February of this year, the hotel adjacent to the City's convention center was purchased by Oshkosh Investors, LLC. Oshkosh Investors, LLC has indicated their desire to take over management of the Convention Center and has initiated discussions with the City and the OCVB to that end. City staff anticipates bringing an Agreement to the Council for approval at a future meeting. ANALYSIS Because of the close connection between the hotel and the convention center and the willingness of Oshkosh Investors, LLC to take over the operation and work with the City, staff is bringing forward a resolution before the Council that will designate Oshkosh Investors, LLC as the concessionaire for the Oshkosh Convention Center to allow them to begin the process of obtaining a liquor license through the State of Wisconsin to operate the Center. This resolution is re 40 brought forward in anticipation of the City and Oshkosh Investors, LLC working out an agreement for the operation of the Center, but because of the time required for the State to process the license and the relatively short time period before Oshkosh Investors, LLC would like to take over operation of the Center, staff is proposing that the Council pass the proposed resolution designating Oshkosh Investors, LLC as the concessionaire for the facility prior to a final agreement for operation of the Center. If for some reason, an agreement is not reached, the Council may rescind the designation and the permit could be withdrawn. State statutes require the City to specifically designate a concessionaire by resolution and authorize the application for this particular type of permit. The proposed resolution meets the requirements of the statute in this regard. FISCAL IMPACT There is no specific financial impact due to this item as fees for application would be paid by the applicant. RECOMMENDATION Staff recommends that the Council approve the Resolution in anticipation of a future agreement with Oshkosh Investors, LLC for operation of the Oshkosh Convention Center. Respectfully Submitted, Approved: Lynn A. Lorenson Mark A. Rohloff City Attorney City Manager