HomeMy WebLinkAbout28. Directon on Process to Revoke Inactive Liquor Licenses(0
O.fHKO.fH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Pamela R. Ubrig "City Clerk
DATE: June 6, 2014
RE: Process to Revoke Inactive Liquor Licenses
CITY HALL
215 Church Avenue
P.O. Box 1130
Oshkosh, WI 54903 -1130
PAMELA R. LIBRIG
City Clerk
ANGELA J.JOECKEL
Deputy City Clerk
KATHLEEN M.FREDRICK
Election Aide
City staff is seeking direction from the Council regarding the process for review and
revocation of inactive alcohol beverage licenses.
State statutes provide that a municipality may revoke or refuse to renew a license for any
of a specific set of causes listed within the statute. The City of Oshkosh has adopted an
ordinance requiring alcohol beverage licensees to use that license or face revocation or
non - renewal of the license. Section 4 -5(A) of the City's municipal code provides:
SECTION 4 -5 GRANTING OF LICENSES: HEARING
Opportunity shall be given by the Common Council to any person to be
heard for or against the granting of any license. Upon the approval of the
applicant by the Common Council, the City Clerk shall issue to the applicant
a license. Each license shall be numbered in the order in which issued, and
shall state the premises for which issued, the date of issuance, the fee paid,
and the name of the licensee.
(A) Required use of License.
Failure to complete the requirements for issuance of a "Class B" or
Class "B" license though such license has been granted by the
Common Council and /or failure to conduct a license - related business
on a premises for which a license shall be issued for any one year
period shall be a violation of this chapter punishable by revocation of
the license only.
The ordinance was last amended in March of 2005 to amend the period of time a license
may not be used from two years to one year.
In practice, the ordinance has been historically enforced during the annual license renewal
process. During the year, the City Clerk's office gathers information regarding which
establishments may have closed and the dates of closure. At renewal time, this list is
reviewed and any licenses which have been inactive for at least one year as of the date of
the renewal application are identified and brought forward for direction from the Council.
Typically, license holders have then been asked to appear before the Council to explain
their intentions related to the license and Council then may direct staff to either bring
forward the licenses for renewal or for a non - renewal hearing at the next council meeting.
During the past several years, several instances have arisen where by the date of closure
of the business, licensees through the current practice have been able to hold inactive
licenses for longer than a one year period. Depending upon the date of closure, under the
current practice, a license holder could in theory hold an inactive license for nearly two
years prior to being called before the Council. Although the ordinance would currently
allow for revocation of the license, this has not been the city's practice in the past.
Because the current practice can result in different treatment of license holders depending
upon the date of closure compared with the most recent date of renewal review and may
result in longer periods of non -use of alcohol beverage licenses, city staff recommends a
change in the policy for enforcing the ordinance to direct staff to bring forward licenses
upon the expiration of the one year period without waiting for the annual renewal period for
review. While this process would require some additional monitoring and work on staff's
part, staff believes that this is a more fair and efficient practice for review of licenses and
ensuring compliance with city codes.
O/C
// Ire yr