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HomeMy WebLinkAbout14. 18-499 SEPTEMBER 11, 2018 SEPTEMBER 25, 2018 18-483 18-499 ORDINANCE FIRST READING SECOND READING (CARRIED 6-0 LOST LAID OVER WITHDRAWN ) PURPOSE: ADOPT ORDINANCE TO REGULATE THE OPERATION OF COMMERCIAL QUADRICYCLES (PEDAL PUBS) INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ESTABLISHING REGULATIONS FOR THE OPERATION OF COMMERCIAL QUADRICYCLES IN THE CITY OF OSHKOSH The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 8-5 of the City of Oshkosh Municipal Code regulating the operation of Commercial Quadricycles within the City of Oshkosh is hereby created to read as follows: (See attached exhibit for text of ordinance) SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #18-499 ADOPT ORDINANCE TO REGULATE THE OPERATION OF COMMERCIAL QUADRICYCLES (PEDAL PUBS) (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ESTABLISHING REGULATIONS FOR THE OPERATION OF COMMERCIAL QUADRICYCLES IN THE CITY OF OSHKOSH) on September 25, 2018. The ordinance establishes regulations for the operation of commercial quadricycles, commonly known as pedal pubs, in the City of Oshkosh. 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. TO: Honorable Mayor and Members of the Common Council FROM: Allen Davis, Community Development Director DATE: September 6, 2018 RE: Adopt Ordinance to Regulate the Operation of Commercial Quadricycles (Pedal Pubs) BACKGROUND City staff has been monitoring the pedal pub trend for several years, and there have been a few individuals exploring the possibility of starting an Oshkosh pedal pub business. Other communities throughout Wisconsin and across the country allowed pedal pubs in various formats, and staff reviewed these examples for relevant code that could be applied to Oshkosh. Recently, City staff was approached by an individual that would like to start a pedal pub business in Oshkosh in 2019. The proposed Ordinance is based on the research of existing pedal pub ordinances in Wisconsin. Wisconsin state law requires the City to create an Ordinance if the City would want to place any local regulations on the pedal pubs. The local regulations that would be relevant to Oshkosh include the tour routes through commercial and residential areas, prohibiting their use of the bridges across the Fox River, prohibiting their use of Oshkosh riverwalk and other trails that are not appropriate for this activity, and residential areas should be protected from potential noise and other harmful effects. Lastly, the health and safety of the pedal pub passengers, the traveling public, and residents should be protected. The proposed Ordinance would allow pedal pub passengers to bring previously purchased beer to the pedal pub, then open the beer containers on the pedal pub and consume the beer on the pedal pub. At the planned tour stops, the passengers may consume on the licensed premises. The pedal pub passenger may also buy and consume additional pre-packaged beer on the pedal pub for the duration of the pedal pub tour. The proposed ordinance would require a license to operate a commercial quadricycle (pedal pub) in Oshkosh. The general elements of the license would be: City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us • Would be based on a calendar year basis — no proration. • Non -transferable. • Fee of $100.00 per commercial quadricycle. • Name, address and other information pertaining to quadricycle operator. • Identification of the commercial quadricycle such as a photo. • Identification of routes, stops and parking locations. • Proof of insurance. ANALYSIS City staff have identified the parameters of the pedal pub operations that would encourage a safe and entertaining pedal pub experience balanced with protecting and preserving neighborhoods, traffic patterns and other health and safety concerns. The general regulations include: • There would be no sales or service of alcohol on the quadricycle. • The routes must be approved by the City and any changes in routes must be approved by the City. • No routes would operate on sidewalks, recreational trails, or the Riverwalk. • Loading and unloading passengers must be done in legal parking spaces. • The pedal pub hours are limited to 10:00 am to 10:30 pm. • The pedal pub driver must have a Driver's License and obey traffic laws. • No music or other noise audible above conversational speech levels at a distance of 25 feet. • The quadricycle must display Commercial Quadricycle license. • The pedal pub driver may not consume alcohol during operation and may not have a Blood Alcohol Content greater than 0.02. The application would be submitted to the Department of Community Development and reviewed by staff, and other Departments, Boards and/or Commissions as deemed advisable such as Traffic Advisory Review Board, Transportation, Public Works, Police and Fire Departments. The Oshkosh Police Department would perform a safety check of the commercial quadricycle yearly. The license could be denied or revoked for health, safety and welfare reasons such as: • Violations of ordinance, statutes or conditions of license • Convictions substantially related to licensed activity • Beer (carried on by passengers) limited to 36 oz. per passenger • No alcohol other than beer may be consumed on vehicle • Subject to reasonable inspections by police The operator would be subject to forfeitures for violations. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us FISCAL IMPACT The application fee would be $100. The review of the application would include staff that normally review development applications. RECOMMENDATION Council adopts the Ordinance to regulate the operation of Commercial Quadricycles (Pedal Pubs) Submitted, 06t'ti) . CWiJ Allen Davis Community Development Director Approved: Mark A. Rohloff City Manager City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us ARTICLE III. COMMERCIAL QUADRICYCLES Section 8-5 Regulation of Commercial Quadricycles (A) Definitions. The following words, when used in this section, shall have the following meanings: (1) "Applicant" means the owner of a Commercial Quadricycle seeking to obtain a Commerical Quadricycle License. (2) "Commercial Quadricycle" has the meaning given in section 340.01 of the Wisconsin Statutes. (3) "Driver" means a person who is at least 18 years of age, holds a valid driver's license, and who is responsible for steering and all other operations and functions of a Commercial Quadricycle. "Driver" does not mean those passengers who are pedaling or have the opportunity to pedal. (4) "Fermented Malt Beverages" has the meaning given in section 125.02 of the Wisconsin Statutes. (5) "License" means a Commercial Quadricycle license issued in accordance with the provisions of this section. (6) "Licensee" means an Applicant who has obtained a Commercial Quadricycle License. (B) Commercial Quadricycle License (1) No Commercial Quadricycle shall be operated within the City of Oshkosh without a License issued by the Common Council as provided for in this section. (2) Licenses are issued on a calendar year basis and expire on December 31s, of each year. There shall be no pro rata or other reductions for applications made, or for the termination of operations, during the calendar year. (3) Licenses are not transferrable. (C) License Application (1) Applicants for a License shall submit an application on a form provided by the Department of Community Development and pay a nonrefundable application fee of $100.00 dollars. There will be no additional fee in the event a License is issued. (2) Licenses are issued one per Commercial Quadricycle. If an Applicant owns more than one Commercial Quadricycle, the Applicant will need to apply for a License for each Commercial Quadricycle. (3) Applications shall include the following minimum information: (a) Name, address, and telephone number of the applicant. If the applicant is a legal entity, then the application shall also identify the person who is authorized to act in all respects for the entity. (b) The serial number of the Commercial Quadricycle, the number of persons the Commercial Quadricycle is designed to carry, and a photograph of the Commercial Quadricycle. (c) A detailed description and map of the proposed route(s) on which the Commercial Quadricycle is to be operated, including the location of where passengers will be picked up and dropped off and where the Commercial Quadricycle is intended to be parked. (d) Proof of liability and property insurance in amounts and in the form required by the City at the time of application. (e) All additional information as the City may require. (4) The Department of Community Development shall forward the application to the Common Council for consideration as an action item. The Department of Community Development shall also provide Common Council with a report and recommendation. Prior to forwarding the application to Common Council, the Department of Community Development may consult with the applicant, City Departments, City Boards or Commissions, or others deemed by the City as having information or interests that may assist the Common Council when making their decision on the application. (5) Prior to the issuance of any License, the Commercial Quadricycle shall be examined by the Oshkosh Police Department. If the Commercial Quadricycle is found to be in a satisfactory and safe condition for the transportation of passengers, in clean and good appearance, and in compliance with all other provisions of this Article and State Law, the Oshkosh Police Department shall file a report with the Department of Community Development confirming compliance. If such examination shows that the Commercial Quadricycle is not in satisfactory condition, the Oshkosh Police Department shall file a report of noncompliance and the License shall not be issued. (6) If the application is approved by Common Council, and a report of compliance is received from the Oshkosh Police Department, the Department of Community Development shall issue a written License for the Commercial Quadricycle. (7) A Licensee is required to comply with the route(s) and other conditions of the License. New or temporary routes, or other changes of terms, must be approved by the Common Council by filing an amended application with the Department of Community Development. There shall be no fee for amended applications from the same Licensee. (D) License Denial, Revocation, and Appeals (1) Applications for a License may be denied by the Common Council if it appears that the approval of the application will for any reason be detrimental to the public health, safety, and welfare. (2) Decisions of the Common Council shall represent the final decision of the City and such decisions may be appealed as otherwise allowed by law. (3) Any Commercial Quadricycle License may be revoked by Common Council for one or more of the following reasons: (a) The Licensee, including any owner, manager, agent, or employee of the Licensee, has violated the terms of the License, or any provision of this section, or any other rule, regulation, or code that applies to a Commercial Quadricycle, including state law. (b) The Licensee, including any owner, manager, agent, or employee of the Licensee has been convicted of a felony or misdemeanor that substantially relates to the operation of a Commercial Quadricycle. (E) Restrictions on Operation of Commercial Quadricycles (1) Commercial Quadricycles shall only be operated on routes specified in the approved License application. (2) Commercial Quadricycles shall not be operated or parked on a public sidewalk, recreation trail, or river walk. (3) Commercial Quadricycles shall not use any public street or any other public property as a loading, unloading, parking, or waiting area unless such area is a legal motor vehicle parking space. (4) Commercial Quadricycles shall not load or unload passengers in any traffic lane, or in any manner that will in any way adversely affect the safety of passengers or the public, or will impede or interfere with the orderly flow of traffic on the streets. (5) Commercial Quadricycles shall not be occupied by passengers or available to carry passengers after 10:30 pm or before 10:00 am. (6) Commercial Quadricycles shall be operated in compliance with applicable state and local traffic and parking laws and in a manner so as to assure the safety of persons and property. (7) Commercial Quadricycles shall be driven by persons having in their possession proof of insurance and a valid driver's license. (8) No glass containers are allowed on a Commercial Quadricycle. (9) No music or amplified sound shall be played, nor noisemakers used, nor yelling or conversation conducted, in such a manner that the sound carries to nearby residences, businesses, or properties, and is audible above the level of conversational speech at a distance of twenty-five (25) feet from the point of origin from the sound. (10) The License shall be prominently displayed on the Commercial Quadricycle so that the public, passengers, and City employees or representatives may easily view the content of the License. (11) Commercial Quadricycles shall not be driven by anyone that consumes alcohol while the Commercial Quadricycle is occupied by passengers, including any stops, breaks, or transport to and from active operations. (12) Commercial Quadricycles shall not be driven by anyone who has an alcohol concentration of more than 0.02. (13) No alcohol beverages other than Fermented Malt Beverages shall be carried or consumed on a Commercial Quadricycle. (14) No alcohol beverage shall be sold on a Commercial Quadricycle. This includes the prohibition of delivery on the Commercial Quadricycle of alcohol beverages previously sold by a caterer. (15) Each passenger on a Commerical Quadricycle is permitted to carry on to the Commercial Quadricycle up to 36 ounces of Fermented Malt Beverages. No other alcohol beverages may be possessed on, carried upon, or consumed on a Commercial Quadricycle by passengers. (16) Any police officer of the City, County, or State may at all reasonable times, inspect any Commercial Quadricycle that is licensed under this Article and may prohibit the use of any Commercial Quadricycle that is found to be unsafe, not in proper repair, or not otherwise in compliance with this Article or State law. (F) Penalties: In addition to other fines, penalties, and/or charges that can be imposed under Municipal Code and state law, the violation of the terms of this Section by the Licensee, or any person, organization, or entity violating this Ordinance or responsible for violating this Ordinance, shall be punishable by a forfeiture of $75.00. Each day of violation shall be considered a separate offense. In addition, the City may enforce this Section by immediately revoking the License, seeking injunctive relief, and all other remedies available in law and equity.