HomeMy WebLinkAbout18. 12-312
JUNE 12, 2012 12-312 RESOLUTION
(CARRIED_______ LOST __0-7_____ LAID OVER _______ WITHDRAWN _______)
PURPOSE: APPROVAL OF AMENDMENT TO SPECIAL EVENT AND SPECIAL
CLASS “B” LICENSE / MIDWEST FEST LLC – AMVETS POST #7
OSHKOSH / UTILIZE WINNEBAGO COUNTY FAIR GROUNDS FOR
THEIR MIDWEST FEST / JUNE 15, 16, 17, 2012 (City Staff
recommends Denial)
INITIATED BY: CITY ADMINISTRATION
WHEREAS, the Common Council previously approved Midwest Fest, LLC (Craig
Weborg) to utilize Winnebago County Fair Grounds, on Friday, June 15, 2012, Saturday,
June 16, 2012, and Sunday, June 17, 2012, 1:00 p.m. to 12:00 midnight each day, for their
Midwest Fest 2012 in accordance with the municipal code and the attached application; and
WHEREAS, Midwest Fest, LLC has requested to amend their application to extend the
hours of operation beyond 11:00 p.m., including alcohol beverage service, as provided in
Section 5-18(V)(A) of the City of Oshkosh Municipal Code, as follows:
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Friday, June 15 from 10:00 a.m. to 2:30 a.m. on Saturday, June 16
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Saturday, June 16 from 10:00 a.m. to 2:30 a.m. on Sunday, June 17
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Sunday, June 17 from 10:00 a.m. to 10:00 p.m. (only for clean up purposes);
and
WHEREAS, Midwest Fest, LLC has requested to amend their application to extend
the hours of amplified music beyond 11:00 p.m. as provided in Section 4-24(C)(2) of the City
of Oshkosh Municipal Code, as follows:
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Friday, June 15 from 1:00 p.m. to 12:00 Midnight (Outdoor Main Stage)
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Saturday, June 16 from 1:00 p.m. to 12:00 Midnight (Outdoor Main Stage)
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Friday, June 15 from 12:00 a.m. to 2:00 a.m. on Saturday, June 16 (Big Top
Beer Tent)
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Saturday, June 16 from 12:00 a.m. to 2:00 a.m on Sunday, June 17 . (Big
Top Beer Tent)
WHEREAS, the Common Council also previously approved a Special Class “B” license
for Amvets Post #7 Oshkosh (John & Ellen Schmidt) in connection with Midwest Fest for June
15-16, 2012 allowing the service of fermented malt beverages and wine from 9:00 a.m. to
11:00 p.m. each day; and
JUNE 12, 2012 12 -312 RESOLUTION
CONT'D
WHEREAS, Amvets Post #7 Oshkosh has requested to amend their application to
extend the hours of operation for their Special Class "B" license to allow the service of
fermented malt beverages and wine from 9:00 a.m. on Friday, June 15 to 2:30 a.m. on
Saturday, June 16 and from 9:00 a.m. on Saturday, June 16 to 2:30 a.m. on June 17
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the application for Midwest Fest, LLC (Craig Weborg) to utilize Winnebago
County Fair Grounds, on Friday, June 15, 2012, Saturday, June 16, 2012, and Sunday, June
17, 2012, for their Midwest Fest 2012 is hereby amended to extend the hours of operation,
including alcohol beverage service, beyond 11:00 p.m. as provided in Section 5- 18(V)(A) of
the City of Oshkosh Municipal Code, as follows:
Friday, June 15 from 10:00 a.m. to 2:30 a.m. on Saturday, June 16
Saturday, June 16 from 10:00 a.m. to 2:30 a.m. on Sunday, June 17
Sunday, June 17 from 10:00 a.m. to 10:00 p.m. (only for clean up
purposes);
And to extend the hours of amplified music beyond 11:00 p.m. as provided in Section 4-
24(C)(2) of the City of Oshkosh Municipal Code, as follows:
Friday, June 15 from 1:00 p.m. to 12:00 Midnight (Outdoor Main Stage)
Saturday, June 16 from 1:00 p.m. to 12:00 Midnight (Outdoor Main Stage)
Friday, June 15 from 12:00 a.m. to 2:00 a.m. on Saturday, June 16 ( Big Top
Beer Tent)
Saturday, June 16 from 12:00 a.m. to 2:00 a.m on Sunday, June 17 . ( Big
Top Beer Tent)
BE IT FURTHER RESOLVED that approval is granted to Midwest Fest, LLC (Craig
Weborg) to utilize Winnebago County Fair Grounds, on Friday, June 15, 2012, Saturday,
June 16, 2012, and Sunday, June 17, 2012 for their Midwest Fest 2012, in accordance with
the municipal code and the attached application, as hereby amended, with the following
exceptions /conditions:
BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer
shall pay the City's actual costs for extraordinary services.
JUNE 12, 2012 12 -312 RESOLUTION
CONT'D
Cost Estimates for Extraordinary Services
Police -
Staffing (up to approximately $600 preliminary estimate)
BE IT FURTHER RESOLVED that the Special Class "B" license issued to Amvets Post
#7 Oshkosh for the Midwest Music Festival Event is hereby amended to extend the hours for
service of fermented malt beverages and wine, as follows:
AMVETS POST #7 OSHKOSH .................... ............................... June 15 -16, 2012
Person in Charge : John & Ellen Schmidt
500 E. County Road Y / Sunnview Expo Center
Friday, June 15 from 10:00 a.m. to 2:30 a.m. on Saturday, June 16
Saturday, June 16 th from 10:00 a.m. to 2:30 a.m. on Sunday, June 17 th
TO:
FROM:
DATE:
RE:
PROFESSIONALISM • PRIDE • INTEGRITY • TEAMWORK Scott D. Greuel
Chief of Police
City of Oshkosh
Police Department
420 Jackson Street
Oshkosh, WI 54901
Tel: 920- 236 -5720
Fax: 920- 236 -5087
sgreueI@d.oshkosh.W.us
www.oshkoshpd.corn
Honorable Mayor and Members of the Common Council
Scott D. Greuel, Chief of Police
June 06, 2012
Police Department Recommendation Concerning Midwest Fest 2012 Request
BACKGROUND
In July 2011, the Oshkosh Common Council approved a special event request for the
Midwest Music Festival to be held on Friday through Saturday June 15 -16, 2012 at the
Sunnyview Expo Center. Craig Weborg is the listed organizer or primary contact for this
event. The special event application indicated it is a two day music fest and vaguely listed
the hours of operation from 12pm setup on Thursday June 14, with the event starting at Ipm
Friday and ending at l2atn on Saturday. Usually, specific hours are listed on the application
for each day of the event, but this one did not.
On March 22, 2012, the Amvets Post #7 of Oshkosh completed an application for Temporary
Class "B" Retailers License which was received in my office on March 27, 2012 and
reviewed by me on March 29, 2012 and returned to the City Clerk's office with my signature.
The Amvets Post specifically requested approval to serve fermented malt beverages and wine
between the hours of 9am -1 1pm both days of the event. I was satisfied with the operational
plan and the hours of alcohol service which was consistent with other special events requests
in the city. Subsequently, the City Clerks Office issued a Special Class "B" Retailers
License No. 11 -66 for the event with the hours of alcohol service restricted to 9am — 1 Ipm
each day of the event.
On June 1, 2012, the City Clerks Office received a document from Craig Weborg requesting
approval to extend the hours of service of alcohol until 2 :30am both Friday and Saturday
nights of the event. Mr. Weborg also requested to extend the live music at the outdoor Main
Stage from 1 Ipm until Midnight. He also requested to operate music inside their big top beer
tent from midnight until 2am both nights of the event as well.
The Sunnyview Expo Center and grounds is located within the City of Oshkosh and is the
location for this entire event.
The Oshkosh Police Department is opposed to extending the alcohol service times, and is
also opposed to extending the times for outdoor live music for both nights of the event.
The Mission of the Oshkosh Police Department is to promote public safety and to enhance the
quality of life in our community through innovative policing and community partnerships
ANALYSIS
The organizer has not given a specific reason for requesting to extend alcohol service hours
beyond I Ipm both nights and his request was received on short notice which has the
potential to increase the previously approved police department staffing for the event,
thereby potentially increasing manpower costs. Past special events with an approved Special
Class `B" Retailers License have not served past 1Ipm that we are aware of, and most stop
serving alcoholic beverages between l0pm -11pm. Approving this request could set a
precedent for future special events requests and is inconsistent with how they have been
approved to this point. Extending alcohol service past l Ipm, and certainly until 2;30am
adversely impacts public safety with potentially even higher levels of intoxication of drivers
of motor vehicles and pedestrians leaving the event. As the event goes on later into the
morning, intoxication levels increase and the likelihood of physical disputes increases as
well. This may also impact staffing requirements for the Fire Department if their calls for
service increase based on the later hours of operation, if approved. The unknown variable at
this time is the actual number of attendees or the type of crowd anticipated for this music
event because it is a first time event. Many of our regular city music events have taken many
years of operation for us to be comfortable with a staffing plan, and those events end alcohol
sales at 1 Ipm. Capping the alcohol sales at a time that has been historically set seems to be
the prudent thing to do and is consistent with past events.
In addition, we have received numerous noise complaints fiom residents living in the general
area of Sunnyview Expo Center or Winnebago County Fairgrounds during live outdoor
music events in the past. We can predict that the number of noise complaints will increase
the later the music is played into the evening or early morning. Extending the hours of music
operation past 11pm at night, even on a weekend night, may not be appreciated by residents
in the area and is sure to generate complaints to the police department. Ending outdoor
music concerts at 11pm is consistent with other outdoor music events in the city. An
exception is Country USA and Rock USA, but that concert is located in the county
jurisdiction and in a larger area with more geographical distance from residential areas.
This event is a first time event so we do not have a history of working with this organizer or
this type of event in order to fully know what to expect from an incident management
perspective. We also have not worked with the private security that has been hired to assist
with controlling the event, so that is an unknown variable from an event management
standpoint as well. Assuming this becomes an annual event, it would be more prudent to be
able to make decisions about operational times for future events after reviewing a completed
after action report from the event this year.
FISCAL IMPACT
Extending hours of alcohol service could potentially increase the extraordinary costs to the
event organizer by approximately $0 - $600 as a result of possibly having to schedule
officers later into the morning or by needing additional officers at the approved hourly rate of
$64 per officer.
The Mission of the Oshkosh Police Department is to promote public safety and to enhance the
quality of life In our community through innovative policing and community partnerships
SUMMARY
The Oshkosh Police Department opposes the request to extend the hours of alcohol service
and outdoor live music playing past the times previously approved in the Special Event
request and Special Class `B" Retailers License based on the public safety and quality of life
reasons stated above.
Respectfully submitted,
f r
Approved,
Scott D. Greuel
Chief of Police
Mark Rohloff
City Manager
The Mission of the Oshkosh Police Department is to promote public safety and to enhance the
quality of life in our community through innovative policing and community partnerships
APPLICATION FOR SPECIAL EVEN
T PERMIT — TO BE RETU
CLERK D 1J ;D
ENT INFORMATION 201
CLERKS OFFICE
Start Date: ` `)D12 End Date 241
Briefly describe your event. Be sure to include the purpose of the event and all
planned activities. 4 � � r v,, _
Th x w �1 v: �4 ( Y•i �wj �fi k r'�x o�fZ ( S . c� r� , s ran 5
GENERAL EV
Official Name of Special Event:
EVENT
DATE
SUN
MON
TUE
WED
THUR
FRI
SAT
SETUP TIME
r ; 0 fA
START TIME
wt
STOP TIME
f:
TEAR DOWN
/CLEANUP
COMPLETED
o
Location of Event:
Estimated Attendance (daily & total):
Booths: 4- k �
Org
(inc
6
a
Number of
t � 3
Name of Event- _- /(IV,- c-,i�' M ,' - s ?,- un j E: $10,00 PER EVE
APPLICATION FOR TEMPORARY CLASS 11 RETAILER'S LICENSE
PLEASE REVIEW EXHIBIT "A"
Sea Additlonat hifomlatlon or) reverse stdo. Contact the munlapaf cleric fl you have guosifana.
City of Oshkosh, WI Date of Class Attendance
Winnebago County Must be taken by person ht charge o f event.
- rho nnmad organizatton appilos for: (Check appropriate box (es),) V ° i- �. -20e'
A Tomporary Cisss `ir lcense to sea lennonted malt beverages at plonks or similar galhefts under x.126.26 (6), Ws. Stets,
A Temporsty'Cisss s' lice to sea vdno at ptcntCs orskn1lar galhorings under 8. 126.61(10), Wfy+ $tats.
At the promises dwdbad below during a special event Bald organization agrees to comply all few resolution, o rdlnen oes and regulsllons (elate, federal or loaap
affocung the aale of fermented malt boverages andlorWns If the llconse is granted,
1. ORGAN IXATIO (sons 8do club, church, dge orsociety, eteran's or aniz or fatr association}:
(a) Name ' S T` _ - - - -- - - — -
(b) Address r�. BSc u / -� ��z ash
(o) Date organized
(d) If corporation, give date.of incorporallon /. 1 2
(o) If the named organization Is not required to hold a Wisconsin selter's permit putsuant to a. 77,54 (7m), Wis. State., chock here:
(0 Names aftd addresses of all officers: r /J r c /
15-1A-1 /l�n,,, f -ri+ ✓, �'. Arrrf�nce +. 11�/ 1.� }lain S7 (1 A �Tqo l
(g) Managerlperson in charge of affair: First mT Initial . - - .. __ Las! -
Date ofsigh 1,. 1_ - Address - Phone NO.
2, LOCATION O F PREMISE$ W HERE BEER ANl2 Ole WINE W ILL 139 S OLD.-
(a) Street number
(b) Do promises occupy all 4 building. _
(o) If part of building, describe fully all premises covered under thia appliaat €on, which floor or floors, or room or rooms, license is to cover;
3. DATE; & TIMES P15RUIENTI11) MALT ANDIOR WINE WILL BE SOLD AT YOUR EVSNTr 1
tdale ra j f�S 1� / Sfarl: Ob_�tc End: '�DV „� MAR 2 7 2012
SIMI(: 9._ yo 4"-, _ end:
Hale 1 Start; End: CHIEF OF POLICE
Dat J, Stara: End'
Amplified sound or muslo shall not be permltlod after 10:00 pair, Sunday through Thursday and after 91:00 p.m, on Friday and Saturday
evenings, This soollon shall not be construed to limit the authority *(the police department to respond to complaints and,take any
approprlate aotlon In response thereto.
4. ARE YOU AWAR4 THAT ALL BEVERAGES M UST BE DISPUNSEA AND POSSESSED IN THE ORIGINAL CONTAINER, A
TRANSPARENT OR SEMITRANSPARENT CONTAINER (per inuniolpal code- sootlon 4.23 adopted 1012512003)7 YF-5 NO
DECLARATION
The Officer (s) of the organization, Individually and together, declare under penalties of taw that the Information provkled In this application Is true and correct
to (lie bast of their knowledge and bellef.
Rate Filed:
Date Approvac
Chlof of polka
NOTE, This MUST be on file two (2) wanks prior to courroil mooting, Councll moots tho second and fourth Tuesday of every nwilth.
Midwest Fest 2012
Dear members of the Common Council
would like to make a request to amend the hours of operations for our use of
the Sunny View Expo grounds on
• Friday June 15 from 10:00a.m. till 2:30a.m.
• Saturday June 16 from 10:OOa.m. till 2:30a.m.
• Sunday June 17 from 10:00a.m. till 10,00p.m. (Only for clean up purpose's)
We would be shutting down the outdoor main stage music by 12:00a.m. on both Friday June
15 and Saturday June 16
Thank you for your time and consideration
Sincerely Craig Weborg
Midwest Fest 21012
Dear members of the common council...
would like to make a request to amend the hours of the music playing to
extend them on Friday June 15 and Saturday June 16 from 1 :00p.m. till 12:00 Midnight on
our outdoor Main Stage
i would like to also request from the common council that we be considered to operate
our music inside our big top beer tent from 12:00a.m. till 2 :00a.m. on Friday June 15 and
Saturday June 16 2012
Thank you for your time and consideration
Sincerely Craig Weborg
�e
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J
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a. �;
Dear members of the common council
would like to mare a request to amend the hours of the operations for our temporary
Class B retailer's license, to sell fermented malt beverages and wine at our event Midwest Fest
2012 at the Sunny View Expo grounds on Friday June 15 from 9:00a.m. till 2:30a.m. and also
on Saturday June 16 th from 9:00a.m. till 2:30a.m.
Thank you for your time time and consideration
X 4 i ��ritic
for Midwest l=est
AMVETS I'ost #7