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HomeMy WebLinkAbout30. Commercial Quadricycles - "Pedal Pubs"CITY HALL 2S5 Church Avenue P.O. ©ox 1130 Oshkosh. 5,303,1130 City of Oshkosh OIHKOlH TO: Honorable Mayor and Members of the Common Council FROM: Lynn A. Lorenson, City Attorney Pamela R. Ubrig, City. Clerk Scott Greuel, Police Chief DATE: May 2, 2014 RE: Commercial Quadricycles —a.k.a. Pedal Pubs On the May 13th Council meeting, staff would like to include an item for discussion and direction from the Council related to the operation of commercial quadricycles a.k.a. pedal pubs within the City of Oshkosh. BACKGROUND On January 1, 2014, state legislation became effective to allow commercial quadricycles to the list of unlicensed public places where alcohol beverages may be consumed. A quadricycle is defined in the statutes to mean "a vehicle with fully operative pedals for propulsion entirely by human power, that has 4 wheels and is operated in a manner similar to a bicycle, that is equipped with at least 12 seats for passengers, that is designed to be occupied by a driver and by passengers providing pedal power to. the drive train of the vehicle, that is used for commercial purposes, and that is operated by the vehicle owner or an employee of the owner ". An example of such a vehicle is the Capitol Pedaler which operates in the City of Madison. The Capitol Pedaler`s website is www.capitolpe_daler.com, There are other examples of similar vehicles available on the web as well. The exception for commercial quadricycles applies only to the , consumption of fermented malt beverages and does not authorize the consumption of intoxicating liquor. The exception applies only in municipalities that have not -adopted; an ordinance to prohibit the practice. A municipality may prohibit the consumption of fermented malt beverages on a commercial quadricycle, but a municipality may not enforce such a prohibition in a previously existing ordinance. Therefore, the City's current ordinance for open intoxicants does not apply and in order to prohibit or otherwise regulate the consumption of fermented malt beverages on a commercial quadricycle, the City would be required to adopt an ordinance to specifically do so M Two individuals have contacted the City Clerk's office regarding the City's intentions related to commercial quadricycle — pedal pub regulation. It appears from the information provided by those individuals that the intention is to use these vehicles for tours, including tours of the City's brewing history and historical neighborhoods, bachelor and bachelorette parties, charitable events, birthday parties and other recreational rides. The proposed vehicle in one case is listed as approximately 6 feet wide by 20 feet long and would travel at approximately 5 -7 mph. ANALYSIS The City has three (3) options in relation to the possible regulation of consumption of fermented malt beverages on commercial quadricycles: 1) If the City does nothing, current ordinances pertaining to open intoxicants will not apply to the consumption of fermented malt beverages on commercial quadricycles. Commercial quadricycles will be permitted to operate including the consumption of fermented malt beverages subject only to those regulations contained in the state statute. 2) The City may allow commercial quadricycles to operate in the City including the consumption of fermented malt beverages and may regulate the practice in addition to the statutory regulations. 3) The City may prohibit the consumption of fermented malt beverages on commercial quadricycles within the City. option 1) Do nothing -- apply state statutes. If the City does not adopt an ordinance prohibiting the consumption of fermented malt beverages on a commercial quadricycle then consumption of fermented malt beverages would be allowed and the following rules contained in the state statutes will apply: • No person who drives a commercial quadricycle may consume alcohol while the commercial quadricycle is occupied by passengers • No person may drive a commercial quadricycle while the person has a blood alcohol concentration of more than .02 %. • No person may drive a commercial quadricycle occupied by passengers after 10 :30 p.m, • No person may drive a commercial quadricycle on which any alcohol beverages other than fermented malt beverages are carried or consumed. • No person may drive a commercial quadricycle on which any alcohol beverages are sold, including delivery on the commercial quadricycle of alcohol beverages previously sold by a caterer. • No person may possess on, or carry onto, a commercial quadricycle more than 36 fluid ounces of fermented malt beverages. If a person is convicted for violation of the statutory rules, the court is directed to enter an order permanently prohibiting the person from driving a commercial quadricycle. 2 Option 2) Locally regulate the operation of commercial quadricycles. The City may consider the adoption of a local ordinance proscribing rules in addition to those prescribed by the statute. In reviewing this issue, staff identified certain similarities between the issues raised by the operation of commercial quadricycles and the operation of mobile vendors and sidewalk cafes. Looking at those ordinances, some of the additional regulations that may be considered in developing an ordinance to regulate the operation of commercial quadricycles may include: • Requiring a local license or permit o requiring basic information about the business and operator o establishing criteria for operators o requiring purchase of fermented malt beverages from a licensed establishment (i.e. no "bring your own ") • Requiring proof of insurance • Establishing locations for operation or where operation may be prohibited, for example in residential areas, the Riverwalk, or on park trails • Requiring routes to be reviewed and approved • Establishing hours of operation more restrictive than those established by the state statute • Regulating the use of amplification devices • Protecting city assets, such as prohibiting the attachment of any items to benches, poles, planters, or other city structures • Prohibiting blocking of fire hydrants, bus shelters, loading zones, curb cuts, cross walks or other features Regulating litter • Prohibiting glass containers • Requiring operators to comply with traffic laws Option 3) Prohibit the consumption of alcohol beverages on commercial quadricycles. The City may consider the adoption of an ordinance to specifically prohibit the consumption of alcohol beverages on commercial quadricycles. Some of the concerns that have been raised with regard to the operation of commercial quadricycles include: • Allowing consumption of fermented malt beverages on an open moving vehicle on a public street may send a mixed message about drinking and driving • Concerns regarding intoxication in public • The ability to regulate the offsite consumption of alcohol once it is removed from a regulated establishment • The location of licensed alcohol establishments in the City that may be available to provide service of fermented malt beverages to the passengers of commercial quadricycles 3 Public safety concerns regarding potentially intoxicated passengers boarding and alighting a vehicle, particularly for the potential for this to occur within a traffic lane a Potential for litter or other objects falling from or being discarded from the vehicle a The interaction of this slow moving vehicle with other traffic a Potential danger to the public safety from the operation of a commercial quadricycle in high traffic areas or congested areas such as Main Street a The topography of City streets a The- potential for noise or other complaints related to the operation of the vehicle including the potential use of amplification devices RECOMMENDATION Of the three options available, staff recommends that the Council consider Option 3), the specific prohibition on the consumption of fermented malt beverages on commercial quadricycles. Staff believes that the public safety concerns related to the operation of these types of vehicles noted above are significant and warrant prohibition. If the Council determines that "pedal pubs" be allowed, staff recommends the development of a local ordinance regulating the activity with consideration given to the items noted under Option 2) above. Staff does not recommend Option 9) as staff believes that reliance on the state statutes alone is overly broad and does not adequately address the significant issues related to the operation of these vehicles. Approved: Mark A. Rohloff City Manager 4