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HomeMy WebLinkAbout32. 15-350 JULY 14, 2015 15-350 ORDINANCE FIRST READING (CARRIED________ LOST________ LAID OVER________ WITHDRAWN_______) PURPOSE: AMEND MUNICIPAL ORDINANCES RELATED TO LICENSE INVESTIGATION AND APPROVAL AND THE GRANTING AND ISSUANCE OF ALCOHOL BEVERAGE LICENSES INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH RENUMBERING SECTION 4- 3(D) PERTAINING TO THE APPLICATION FOR ALCOHOL BEVERAGE LICENSES/ PUBLICATION; CREATING SECTION 4-3(D) PERTAINING TO THE APPLICATION FOR ALCOHOL BEVERAGE LICENSES/PROOF OF SELLER’S PERMIT; AMENDING SECTION 4-4 PERTAINING TO ALCOHOL BEVERAGE LICENSE INVESTIGATION AND APPROVAL; AMENDING SECTION 4-6(A) PERTAINING TO GRANTING AND ISSUANCE OF ALCOHOL BEVERAGE LICENSES AND REPEALING SECTION 4-14(E) PERTAINING TO CLASSES OF LICENSES/FEES FOR WHOLESALE BEVERAGE LICENSES The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Subsection 4-3(D) of the Oshkosh Municipal Code pertaining to the application for alcohol beverage licenses / publication is renumbered 4-3(E) and Subsection 4-3(D) Proof of Seller’s Permit is hereby created to read as follows: SECTION 4-3 APPLICATION FOR LICENSE (D) Proof of Seller’s Permit Applications shall be accompanied by proof of application for or a copy of the applicant’s current Wisconsin State Seller’s permit. If the application is accompanied by an application for the seller’s permit the license may be conditionally granted to the applicant and a copy of a current permit must be provided to the City Clerk’s office prior to the issuance of the license. SECTION 2. That Section 4-4 of the Oshkosh Municipal Code pertaining to the investigation and approval of alcohol beverage licenses is hereby repealed and amended to read as follows: SECTION 4-4 LICENSE INVESTIGATION AND APPROVAL (A) Investigation by Officials The City Clerk shall notify the Chief of Police, the Winnebago County Health JULY 14, 2015 15-350 ORDINANCE FIRST READING CONTD Department, and the Chief of the Fire Department of each application, and these officials shall inspect or cause to be inspected each applicant’s qualifications and the premises, together with such other investigation as shall be necessary to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances, and laws applicable thereto, including those governing sanitation in restaurants, and whether the applicant is a proper person to be the recipient of a license. The Chief of Police shall interview or cause to be interviewed the applicant for purposes of completing the Council Questionnaire. These officials shall each file with the City Clerk, the information derived from such investigation accompanied by a recommendation as to whether a license should be granted, conditionally granted or denied. If the recommendation is to conditionally grant or deny the license, a written explanation shall be provided to the City Clerk’s office who shall provide such explanation to the Council and the applicant. (B) Approval by Council The City Council may, upon the applicant's completion of all prescribed procedures, grant or conditionally grant the license. If the Council decides not to grant a new license under this Chapter, it shall notify the applicant in writing of the decision and the reason(s) therefor. If the Council decides not to grant a renewal of the license for the reasons therein enumerated, the provisions of Section 125.12 of the Wisconsin Statutes shall apply. (C) Appearance before Council Unless notified otherwise, all applicants for the license need not appear in person before the City Council provided a completed questionnaire is presented to the Council with the requisite application. SECTION 3. That Section 4-6(A) of the Oshkosh Municipal Code pertaining to the granting and issuance of alcohol beverage licenses is hereby repealed and amended to read as follows: SECTION 4-6 GRANTING AND ISSUANCE OF LICENSE (A) Upon the approval of the applicant by the Common Council, the City Clerk shall issue to the applicant a license except as follows: 1) Premises. a) For any premises for which taxes, assessments, or special charges are delinquent and unpaid. i. This subsection 1) shall not apply to prohibit the issuance of a license for any premises if: JULY 14, 2015 15-350 ORDINANCE FIRST READING CONTD a. the unpaid taxes, assessments or special charges were levied against the premises; and b. the license is necessary for the conduct of business on the premises by a lessee of the premises; and c. the licensee and owner have no immediate or extended family, business, or financial relationship with one another other than as landlord and tenant. b) For any premises for which a conditional approval of the granting of the license has been issued and for which written proof of fulfillment or completion of the conditions has not been provided to the City Clerk’s office. 2) Persons. a) To any person who is delinquent in the payment of taxes, assessments or special charges related to the business or property for which the license or permit is sought. b) To any applicant for a Class “A” or Class “B” license who has an indebtedness for fermented malt beverages outstanding for more than 15 days or to any applicant for an intoxicating liquor or retail license or permit who has an indebtedness for intoxicating liquor outstanding for more than 30 days. c) To any person who has not provided a copy of their current State of Wisconsin Seller’s Permit d) To any person for which a conditional approval of the granting of the license has been issued and for which written proof of fulfillment or completion of the conditions has not been provided to the City Clerk’s office. Upon issuance of the license, the City Clerk shall remit the license fee to the City Treasurer who shall transfer said fee to the General City Fund. The full license fee shall be charged except as specifically provided for within this ordinance or by statute. SECTION 4. That Section 4-14(E) of the Oshkosh Municipal Code pertaining to the classes of licenses/fees for wholesale beverage licenses is hereby repealed. SECTION 5. This ordinance shall be in full force and effect from and after its passage and publication. JULY 14, 2015 15-350 ORDINANCE FIRST READING CONTD SECTION 6. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #15-XXX A GENERAL ORDINANCE OF THE CITY OF OSHKOSH RENUMBERING SECTION 4-3(D) PERTAINING TO THE APPLICATION FOR ALCOHOL BEVERAGE LICENSES/ PUBLICATION; CREATING SECTION 4-3(D) PERTAINING TO THE APPLICATION FOR ALCOHOL BEVERAGE LICENSES/PROOF OF SELLER’S PERMIT; AMENDING SECTION 4-4 PERTAINING TO ALCOHOL BEVERAGE LICENSE INVESTIGATION AND APPROVAL; AMENDING SECTION 4-6(A) PERTAINING TO GRANTING AND ISSUANCE OF ALCOHOL BEVERAGE LICENSES AND REPEALING SECTION 4-14(E) PERTAINING TO CLASSES OF LICENSES/FEES FOR WHOLESALE BEVERAGE LICENSES, on July 28, 2015. The ordinance amends the current ordinance to comply with state statutes and current practices related to applications for, investigations, approvals, granting and issuance of alcohol beverage licenses. The ordinance adds the requirement that applicants show proof of application for and/or holding a current Wisconsin Seller’s permit. The ordinance also amends the current ordinance language to specifically include language allowing the Council to conditionally grant a permit and have the City Clerk’s office hold the conditionally granted permit for issuance upon proof of compliance with requirements of the inspections by the Police, Fire and Health Departments, provision of proof of obtaining a Wisconsin Seller’s Permit, payment of outstanding taxes and special assessments and payment of outstanding liquor invoices. While this has been the practice for many years, the current ordinance language may be interpreted to require denial of applications in these circumstances. The ordinance also removes references to fees for wholesale licenses which are now issued through the State of Wisconsin not local governmental units. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. � � OlHKOlH ON THE WATER TO: FROM: DATE: RE: Honorable Mayor and Members of the Common Council Pamela R. Ubrig, City Clerk July 9, 2015 CITV HALL 215 Church Avenue P.O. Box 1130 Oshkosh WI 54902-1130 PAMELA R. UBflIG City Clerk ANGELA J.JOECKEL Depu[y Ciry Clerk KATHLEEN M.FREDERICK Election Aide Phone: (9201 236-5011 Fax: (920) 236-5039 Amend Municipal Ordinances Related to License Investigation and Approval and the Granting and Issuance of Alcohol Beverage Licenses BACKGROUND During our annual review of alcohol beverage licensing, we undertook a general review of the ordinances relating to license investigation and approval and the granting and issuance of licenses. Based upon that review we are suggesting several amendments to the current ordinance to simplify the language of the current ordinance and to comply with state statutes and current practices. None of the proposed changes change the current practices related to the application and license issuance process. ANALYSIS The proposed ordinance would add a new subsection to Section 4-3 of the ordinance related to applications for alcohol beverage licenses to include a requirement that applicants provide proof of either application for or a copy of their current Wisconsin Seller's Permit at the time of application. This is consistent with current practice and state law, but was not specifically included in the city ordinance language. The ordinance would allow a license to be granted by the Council with proof of an application for a seller's permit but would require a copy of the actual permit be provided to the City Clerk's office prior to issuance of the alcohol beverage license. The proposed ordinance revises section 4-4(A) related to license investigations and approval to simplify the language and to make the ordinance consistent with current practice. The proposed ordinance language would inciude the ability to conditionally grant a license. While this has actually been the practice for many years, the ordinance language could be read to require either issuance or denial, without the ability to conditionally issue the license except as allowed under section 4-6 for non-payment of taxes or special charges. Under a strict reading, if the Health Division noted a concern, staff would be required to recommend denial of the application. In practice, staff has brought the license forward to the Council for approval granting the license, but would not issue the license until all inspection concerns have been addressed. Staff has only recommended denial for substantial concerns that cannot be addressed or cleared. In either the case of holds on the issuance of the license or the recommendation to deny a license, the City Clerk's office has requested written explanations from the departments conducting the investigations. The proposed ordinance includes language specifying that this information be provided to the City Clerk in writing and that the City Clerk's office will notify the applicant of any holds or the reasons for recommending denial of a license. This system has worked well and staff is recommending that the ordinance language be updated to specifically recognize this practice. The proposed ordinance expands the reasons in section 4-6 that the City Clerk's office may hold a license upon the license having been granted by the Council. Again, the proposed changes are consistent with current practices and the language changes are recommended only to update the ordinance to be consistent with current practice and state law. Licenses would be authorized to be conditionally granted by the Council and held by the City Clerk for non-payment of taxes, assessments and special charges; for inspection holds documented by the Oshkosh Police Department, Oshkosh Fire Department or Winnebago County Health Department; for non-payment of liquor invoices; or the failure of the applicant to provide a copy of a current Wisconsin Seller's Permit. Finally, the proposed ordinance would repeal the section pertaining to a fee for wholesale beverage licenses. Wholesale beverage licenses are no longer issued by the City and are issued through the State of Wisconsin making this section no longer necessary. FISCAL IMPACT There is no anticipated fiscal impact to the proposed revisions. RECOMMENDATION Staff recommends adoption of the ordinance as proposed. R�s ectfully Submitted, ��- ��u�� � Pamela R. Ubrig � City Clerk Approved: �.�-�,�,� Mark A. Rohloff City Manager