HomeMy WebLinkAbout12. 19-102 FEBRUARY 26, 2019 19-102 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE PROCESS FOR REVIEW OF ALCOHOL BEVERAGE
LICENSES UNDER SECTION 4-6 OF THE CITY OF OSHKOSH
MUNCIPAL CODE
INITIATED BY: CITY ADMINISTRATION
WHEREAS, Wisconsin imposes a quota on the number of "Class B" (taverns, bars
restaurants licensed to sell alcohol for on-premises consumption) in each municipality;
and
WHEREAS, Section 125.10 of the Wisconsin Statutes allows municipalities to enact
regulations incorporating the state statutes and additional regulations for the sale of
alcohol beverages, not in conflict with the state statutes; and
WHEREAS, the municipality may prescribe forfeitures or license suspension or
revocation for violations of these municipal regulations; and
WHEREAS, the City of Oshkosh has adopted ordinance section 4-6 of the City of
Oshkosh Municipal Code requiring the use of licenses under its authority granted by
Section 125.10 Wis. Stats.; and
WHEREAS, the Council finds that it is reasonable and necessary to have an
ordinance and policy implementing that ordinance to ensure that alcohol beverage
licenses, which are limited by a state quota, benefit the public by supporting currently
operating businesses and being available for new businesses wishing to locate within the
municipality and contribute to the community and tax base, and to ensure that licenses
are not held for private speculative purposes or for an unreasonable period to enhance
the value of non-operating premises; and
WHEREAS, the Council recognizes the need to fairly and consistently enforce the
provisions of Section 4-6 and all regulations relating to the sale of alcohol beverages; and
FEBRUARY 26, 2019 19-102 RESOLUTION
CONT'D
WHEREAS, the Council wishes to establish a policy for review of licenses which
have not been utilized for a period of time.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the following process for review of alcohol beverage licenses under the
provisions of Section 4-6 of the City of Oshkosh Municipal Code is hereby adopted.
Process for Review of Alcohol Beverage Licenses
under Section 4-6 of the City of Oshkosh Municipal Code
Throughout the year, the City Clerk's office shall review alcohol beverage licenses
issued by the Common Council for compliance with the provisions of Section 4-6
of the City of Oshkosh Municipal Code.
If the City Clerk's Office identifies a license holder who appears to meet any of the
criteria specified in Section 4-6(A), the Clerk's Office shall contact the license
holder and request the license holder provide information pertaining to the use of
the license for the relevant period. Upon review of this information, the City Clerk
shall notify the City Manager of his/her findings and the City Manager may
request direction of the Council whether to schedule the license for hearing for
revocation or non-renewal of the license as may be appropriate.
If the Council determines to schedule the matter for revocation, the complaint may
be filed and sworn by the City Manager, Asst. City Manager or their designee
based upon the record of information in the office of the City Clerk as well as any
other information which may be relevant to the Council's decision.
If the Council determines to schedule the matter for consideration of non-renewal,
the City Clerk shall provide appropriate notice to the licensee as required by
Wisconsin Statutes.
Hearings on revocation or non-renewal of licenses shall be conducted as provided
by Chapter 125 of the Wisconsin Statutes.