Ordinance & License Committee - Regular Meeting

Kelly, you good? Alright. It is 06:00, so we will call to order the Monday, 05/11/2026 meeting of the ordinance and licensing committee. All members of the committee are present. So we do have a quorum. Is anybody here for public comment? All right. Nobody's getting up. So it looks like we can move on from public comment to approval of minutes. Do any members of the committee have any issues with the minutes as they're presented or as they're attached?

Seeing no concerns, we will consider the minutes from our April 27 meeting approved by unanimous consent. Moving on to invited bartender applications. First up, we have Malik Christians. Malik here? Not looking like it.

All right. We'll hold Malik for the next meeting. Next up, we have Mariah Grishkevich. Sorry. I said that in kind of a Polish way. Is Mariah here? Alright. We're just moving through things. I think we'll hold we'll hold Mariah's over till next meeting also. Adonis Joyner, are you here? Alright.

Success.

Come on up, please.

Evening. Good evening.

Alright. So you're Adonis and you are?

Ed, the his agent.

Agent? Alright. Of the business. Alright, Ed. Thank you. Yep. Looks like everything on here is fairly old. Have you ever held a bartender's license before?

No, sir.

No. First time? Okay. Any members of the committee have any questions for Adonis based on his record?

Yeah, have no concerns. Everything is at least 15 ish years old. So I'll make a motion to approve.

I'll second.

Alright. Helps if you have the mic on. You didn't have the mic on anyway. So alright. So thanks for coming in. We just got a check, right? But it has been a long time.

So it

seems like everything's good. So we have a motion to approve the bartender's license for Adonis Joyner. Motion by alderperson Manion, seconded by alderperson Wiggerson. You can vote on that when it's before you. All right. That passes unanimously. So it passes unanimously. It will go to our council meeting that is scheduled for May 19. It was an anonymous, sorry, vote by the council. It'll be on our consent agenda, which means generally we will not discuss those.

It'll just be kind of approved as part of the council. You're certainly welcome to show up if you feel like it, but I would venture to say given how long it's been since anything on your record, you're probably safe to not show up. You should receive a call from the clerk's office after that.

Okay. Thank you.

Thank you. Thank you for coming in.

Yeah. For sure. You guys have a good evening.

You too. Thank you. We have moving on, we have Shanna Marie Malecki? No Shanna Marie either. All right.

We'll hold that one over. One out of four. That's a slow night for us. Moving on to other applications. First up, we have tobacco outlet and liquor, Narinder Singh.

Were there any concerns from the clerk's office about this? Kelly or Brian from your office?

I did not review that application. Okay.

I believe it's included in there, but I think there was a failed police compliance.

Okay. That would make sense. Sorry. I'm trying to get through here. Oh, yeah. There it is. Compliance check from the last year.

I

think we should hold this over just to understand what they've done about it. Thank you. All right. So we will hold that one over until Narinder can come in and talk to us about that. Moving on, Mayor's Restaurant, Chelsea Sanchez. Are you here? Hi Chelsea, come on up. Hello. Hi. Good evening.

This is a renewal and do you have a second application with us for extension of premises?

Extension of premise I think is what this one is.

Okay. We're just on the oh, it's renewal and extension, right?

If you say so. I submitted both applications probably within like two weeks of each other, but I was under the impression that this was just for extension of premise.

This is under our list for your Class B beer and liquor combo license.

All right.

But that's a renewal, right? Been here before. Have you failed a compliance check?

No, I am extending my premise so that we can serve liquor outside. So we're making an amendment to the renewal.

So it's an expansion of premise, if I understand correctly.

It's not just okay. Yep.

You're making a permanent adjustment to your liquor license?

Yes.

Thank you. That is much more clear. This time of year, we're usually just getting sidewalk cafes and stuff like that. So I was a little confused about what we were doing. Thank you for clarifying that.

Sure.

Paul, can I comment on this?

Yes, please, Brian.

It looks like the issue that was identified by the clerk's office has to do with the description of the licensed premises and the enclosure that would go around it.

Mhmm.

And as I'm looking at the application, the description of the premises is very large and it includes the parking lot and the driveway, the outdoor front lawn, as well as the indoor serving areas. And that creates a problem when the premises is going to enclose a parking lot Yeah. For instance or the the front lawn, a driveway and you're actually going to be serving alcohol in those areas. Our code requires that there be a substantial enclosure around a licensed premises so that there can be control of who's coming and going.

Yep.

Obviously, if you enclose the driveway or the parking lot, you're going to have a problem with access. So I think what we need to do first is to clarify just exactly what the license premises will be and then secondly to clarify what the enclosure needs to be because it looks like there was a little back and forth with the clerk's office on what suffices as a substantial enclosure around the licensed premises. So I guess I would start by asking, do you really intend for the licensed premises where alcohol is going to be served and consumed to include the parking lot and the driveway?

I guess so that I didn't run into any issues with this in the first place is that we changed it so that it would include our entire property line.

Yeah.

So that everything would be covered. So in the event one day we wanted to have an event in our parking lot, we would be able to and not have an issue with the city or the clerk's office.

Okay. My suggestion would be to pair back the permanent amendment of the licensed premises to those areas that you will always be serving alcohol in because we would have a problem if you included the driveway and the parking lot because the license premises is where for instance underage people cannot enter without a parent or a guardian with them and you have to have somebody there monitoring who comes and goes. If you're going to have events where you would close off a portion of your driveway or your parking lot, then my suggestion would be to apply for a temporary extension of premises for that. That's typically how that's handled. And that way you can just have a temporary enclosure around an area if you wanted to, don't know, whatever.

You put a band out in your parking lot or whatever it is you have in mind. So the definition of the the expanded licensed premises that you've got here would be problematic because you need a substantial enclosure around it.

Well, we plan to put a fence around like front lawn area. So that's what was discussed is that a fence will go up to cover the lawn. So that would be the area that we would put tables out and we have the patio out there.

Okay. So far so good.

Okay.

Because that's not going to block cars going in and out of the parking lot or parking in your parking lot.

Okay. So could the clerk's office have mentioned that when I have turned in the permit?

Yeah. But we're talking about it now.

Okay. So what do we need to do then so we can move forward?

Well

I can get this approved?

Right. My suggestion is to define the licensed premises as only the area in which you will always intend to be serving alcohol.

So if you strike out driveway and parking lot, then there wouldn't be an issue?

If that's what you want. That would leave the indoor serving areas, the front lawn. Yeah. It would leave the indoor areas, the storage in the basement, and the front lawn. Right. So if that's sufficient for what you would ordinarily do, that would be your normal serving area.

Okay.

Then I think that would be fine. And then if you wanted occasionally to have a special event where you would be serving in your parking lot, which is fairly commonly done. We've got a number of places around town that do that. Then you come before this committee and ask for a temporary extension of the premises.

Right.

And then you use a temporary enclosure around the temporary extended premises.

Okay.

Okay. So the difference between the two is that for your normal licensed premises, the code requires a substantial enclosure. It doesn't have to be mounted in concrete in the ground, but it has to be something substantial and at least 36 inches tall.

Right.

And looking at your application, you submitted type of fencing that looks like it would would work fine.

Okay.

As long as it's substantial, which means that people can't easily get past it in order to avoid a bouncer, for instance.

Correct.

You know, you don't wanna have people that are coming and going, carrying open drinks and so on.

Right.

But then for a temporary extension of premises, we've allowed, you know, putting up chains or ropes or otherwise showing where the limits of the premises are so that there's still some indication of where you can't come and go with an open drink.

Right.

But it doesn't have to be permanent.

Right. Okay.

It can be a temporary thing.

Okay.

Okay? You get what we're driving at?

I gotcha.

Okay. So I guess if you amended your application to delete parking lot and driveway from the licensed premises description, that probably solves the issues.

Is that something that we can approve today or she have to go back and make the k.

No. You can it's up to you. Ultimately, it's up to the committee and the the common council to say what the license premises are. So sure, you can do that.

Yep. So was that okay with you?

That's fine.

The one other thing I will point out, your drawing is lovely, not quite to scale. So I'm assuming we're approving this part, right? This is the section you intend?

Yes. Yes, that's like the major front lawn and like kind of that space right next to our building.

And then there's a building on this side, right? That would be limited. You will just need to extend that fence a little bit on this side compared to where you're drawing is, you would want more fence there because again, we're trying to restrict access. I don't know how much you intended for that to be, but that is a

I mean, it was

feet of space, right?

Yeah. It was a rough draft. I also have a handicap ramp kind of on that area. So Okay. It's something that we're gonna have to pay attention to as far as that goes also.

Okay. Yeah. If you intend for your serving area to be the entire front lawn extending all the way out to the sidewalk, then you would have to put a substantial enclosure. In other words, that fence that you had shown a drawing of around that entire area.

Right. Well, I mean, we're building on one side, mostly building on the other side. So we're trying to fence in what isn't a building.

Okay. Well, again, my suggestion would be that you only declare the licensed premises to be just those areas that you really need for service to cut down on the amount of fencing that's gonna be required. You know? Are you gonna have tables on the front lawn all the way out to the front sidewalk?

I mean, we have 10 tables. I don't know if they're gonna go all the way up to the sidewalk but I

think But the plan you get what I mean.

Yeah. But the plan is to fence like along the sidewalk.

Okay. Yeah. As long as you understand that that's that's what we need.

Yeah.

Okay. Good.

Okay. So Well then, what

I would suggest is let's amend this drawing by drawing in where the fencing will go to define the outdoor portion of the licensed premises. So we've got that on the application. Okay. Okay? So if

Copy.

This is Wisconsin Correct. Okay. And you will have tables here and here. K. But you will be serving alcohol there.

K. So if you're going to serve there and in this area here, then we would need a fence that would enclose that could be a case. Have to go all the way around here like this.

That takes up a bunch of this.

Okay. So and then it I always And if you wanted to do something in your parking lot or driveway in the future, you would just ask for a temporary extension of the business premises into you'd have to define whatever area it is.

Yeah. And then if

did. You did.

Yeah. Right.

Right. Yeah.

Okay. Does that work for your plan?

Yeah. I know. Right. Right.

Yeah. Or we need you referenced that.

Yeah. I believe.

Thank

you, Brian.

Since there's a building here on the west boundary

Stopping at the driveway or you're going across

the driveway as well? No. It wouldn't include the driveway. Couldn't.

But it would include that.

You have to bring it back to the corner of

the building. Yes. That's what I was looking at.

Yes. She says that fits with her plan. So the

front. Yeah. Okay. Okay. If they want that much fence, that works. So just make a motion and include all of that in there?

Yeah.

You're amending the Application.

To to

Yeah. Remove the parking lot.

The license premises include building, interior Mhmm. And then the entire front lawn area with substantial enclosure.

Okay. So I will make that motion. Make a motion to amend her application to include the building and the north part of the lawn up to the sidewalk with a substantial enclosure, not, of course, including the driveway or the parking lot.

I'll second that motion.

All right. Thank you. We have a motion. Okay. Thank you.

I have

a motion. Yep. We have a motion to approve the Class B beer and liquor combo license with application and the substantial fence has to be in place around that entire area as referenced by alderperson Wiggerson. Motion was by alderperson Wiggerson, seconded by alderperson Manion. And you had a question or comment? Yeah.

I just wanted to clarify. So there were two applications on our agenda, one for the liquor license itself and one for an extension of premise. I'm assuming the the application for the liquor license will supersede and make the extension of premise a dead issue and will be withdrawn.

Yeah. That's my understanding too. Okay. That you are applying for a license that will include the license premises that I just drew and read on that. And then for an extension of premises, you wouldn't be asking for that tonight. You would ask for special events that you have. You come before them and ask for a temporary extension of premises at that time.

For the parking lot or the

driveway that we need it for.

Right. So that was the reason that you have that extension of premise application is because the clerk's office directed me to do that because as I understand, my liquor license wouldn't go into effect. Well, my renewed liquor license with that renewed space wouldn't go into effect until June 30. So for us to try and start serving liquor as soon as we possibly can so we're not missing half of this season, that's why we did the extension of premise.

Okay, so that would be an extension on the current license, which doesn't expire until June 30.

Yeah, Which is why this extension is for May 20 through July 1. Okay. That's I'm glad I asked that question for clarification then.

Right. Then you could approve a temporary extension of premises to include the front lawn Yeah. Until June 30 or until July 1.

No.

Then it would just be a separate motion.

Yep. Okay. Thank you. I was looking for that extension of premises earlier and I didn't find it. Okay, everybody clear? I think on what we're voting for here.

We're voting on the motion as I

This is the motion to approve the updated liquor license effect July 1. Second. Effective July 1.

Alderman Everett.

Hi. There we go. Default to voice. All right. That passes unanimously. So thank you.

Thank you.

I'd venture to say if you'd like to leave, can. I'm pretty sure we can figure out the next one ourselves.

I you could make the motion now to approve the temporary extension Okay. Until June 30.

I move to approve the temporary extension until June 30.

I'll second that as well. Alright.

Sorry. My brain's not working tonight, guess. But thank you for that. Alright. So we have a motion to approve the extension of premises for Mayor's Restaurant. Motion by alderperson Waitress and seconded by alderperson Manion. And you can vote when that's before you.

Let me just ask one more clarifying question just to muddy this up because because the maps are a little different.

Okay.

Because the extension map that's shown here really is just that one piece of your lawn to the one the one side of the lawn, you know, that's on the opposite side from your driveway.

Right.

Is your intention to have it be the same footprint that we just approved as the expansion, or are you limiting it to just that portion of the lawn until your new license goes into effect?

No, that's really just giving us the time until the liquor license takes effect. So right now our plan is to only use that one space on the side of the building. Okay.

Should be up for everyone to vote. All right. That passes unanimously.

Thank you.

So these will go to the council meeting May 19.

Okay.

Perfect. I don't expect any issues. You'll be contacted by the clerk's office after that. But thanks for working through this.

Yes. No. I appreciate you guys. Thank you so much.

Yep.

Thank you.

Thank you, Brian. Alright. BB's on Main. Brooke?

Hi. And I have two as well. I have two applications in there as well.

Good to know. He's making it hard.

Mine are pretty easy because they're repeats from last year. So I have the extension of premise for Friday Night Live in the front, and then I'm doing the k nine fundraiser again. Mhmm. So it's the basically, exact same setup as Friday night live, but we put it in the back parking lot. We do rope it all off. It's it was a great turnout last year, so we're doing it again this year. Yep.

Yeah.

Yeah. I'm trying to figure out where that one is on the list.

I'm not sure. They told me they're they're both in this one.

So your k nine event, the fundraiser, that's the June 27 event? Okay. In the uninvited list. Is it because Presumably because it's been done before and no substantial changes is my assumption. Okay.

No changes. We're just hoping to make it a little bit bigger this year because it I mean, we raised quite a few thousand dollars for them and it was a lot of fun. So

Okay. Alright. Well, any questions from the committee on the first extension of premises for Friday Night Live?

No, okay.

I'll make a motion to approve the extension of premises for Friday Night Live for BB Za Main.

I could second that.

Is that at the on the Main Street side or in back?

Main Street

side. Main Street side.

Do you have a sidewalk cafe license now?

I'm not sure. This is what I did last year too. So me and Dan from Magellan share a stage and then we both put our sides out front. So other than Friday Night Live, I never sell alcohol outside or have any seating outside.

I Yeah. Know Magellan's has got a sidewalk cafe.

Yes. Because they I don't have food at all. It's just alcohol. So other than Friday night live or if I get an extension of premise, there's no there's not alcohol served outside on a regular basis ever. Yeah. Just for the special events.

Yeah, the problem we have is that extensions of premises onto city property are only allowed in very limited circumstances. And I think in this case, it would be only if there's a sidewalk cafe permit issued. And then if you wanted, you could extend into the This

first is for

Friday night live. None of the other ones have. Like Hannon's doesn't have it. They have like this is Friday

They night have sidewalk cafe permits.

For Hannon's? Yeah. I did this last year, and all we did was the extension of premise. That's what the clerk told me to do. Because it's just an extension for that day. I don't want a sidewalk cafe on any other day, just Friday

I understand. And it may be that that's the way it was done last year, but I think we have an issue there because we can't extend onto city property without that. It's only allowed under very limited circumstances.

So would we have to wait until Magellan's does their sidewalk cafe then to approve this?

Well, Magellan's sidewalk cafe would only be on Magellan's property. Around Magellan's frontage.

Yeah. Last year, we didn't have to do any of this. It was just the extension of premise for the 06:30 to nine. You

gotta talk into your microphone.

I'm about consistency. So my whole thing is if we did this last year and she didn't have have it, why would we make a change? We should be consistent with what we've approved in the past.

Well, because we have to comply with the ordinance.

I get that. But then why did we what did we approve last year?

It was this exact thing.

That's my thing. I'm all about consistency. If we did it last year, then we have to figure out why it was approved. And she shouldn't have to go through all this rigmarole if we did it last year. So obviously, something was something was obviously done.

Yeah. Because I don't think people are Peoples does have it, but Salty Toad doesn't have it because they don't serve food outside either. I mean, I don't have a restaurant,

so there's

Salty Toad doesn't have it because they're not on city property.

That's why I was just gonna say they're on private property.

They don't do it in the street?

No. No. They're in that little triangle in front of their That

area.

Is Magellan's and Beebees the only one that's on the on city property?

No. No. There's all all of us are in the road.

All of the other ones up and down that have sidewalk cafes also expand into the that first row of parking. Many of them do.

So how does the sidewalk cafe

Well, I'm not on the sidewalk. I'm in the street. Like, there our setup is in the is in the street. It's not on the sidewalk.

Well, right. That's the problem.

I'm just kind of confused. I'm kind of looking for your guidance, Brian. I don't I don't understand what the

Right. You can only expand a licensed premises onto the street during Friday night live if you have a sidewalk cafe permit. K. Otherwise, you don't

this been brought up to me in the past when I filled this out?

That's not material for tonight. It doesn't matter if it was done improperly in the past. That doesn't make it right now. All I can tell you is what the law says. Okay. When does this?

June. The first week of June.

First week of June.

Yeah. So I wouldn't have time to go through any more meetings for and I already paid all my bands a lot of money because this has never been brought to my attention before. I would have just filled it out.

Okay. Well, we've got until the next council meeting to approve this. We can review this and have a decision by the May 19 council meeting.

But doesn't it still need to go through another meeting after that?

Well, we could, Brian. We could take this just direct to the council. Right?

Right. Yeah. That's what I'm saying.

We can hold this over to the council meeting.

Well, you wouldn't have to hold it to another committee meeting.

Right. Or how would we get it from here?

Well, would go for final decision to counsel on May 19 just like it would otherwise. But without you know, you don't have to make a final recommendation tonight. Your recommendation can be that we need to review to make sure this is in compliance with the ordinance and if it is, then we grant the license. Okay. We grant the extension.

Do we need a motion to vote on that?

So what what would I need to fill out then? Sidewalk Cafe permit?

Well, not necessarily. Let us take a look at this. We can get in touch with you and we can discuss this before the May 19 meeting. And to to get to Doreen's point about consistency, we have to be consistent with how we've treated other businesses that do the same thing. We've got another one on the agenda here tonight that had to comply with the same issues. So we we have to be consistent how we treat all of the applicants.

Brian correct me if I'm wrong, but if her establishment doesn't serve food she wouldn't be eligible for a sidewalk cafe permit, is that correct? I thought there was a certain percentage of proceeds they have to be from food versus beverage to

What I would say is that that kind of analysis is exactly why we should probably take our time and make sure we we comply with the ordinance.

It's just asking for her sake of

Yeah. Not Alright. Going through the process because she's not right But you will be serving alcohol out there, obviously, or you wouldn't need an extension of premises.

Yep. No food.

Alright.

K. So, Brian, is that a review you can help with, or does that need to come from the clerk's office?

Or I will definitely help with that. Okay.

And just to confirm, it's only for Friday night lot.

It's only for Friday night lot.

And then your special the special event with the k nine fundraiser that's in the back?

That's in the back. Okay. Yep. Got it.

Yeah. And that one's allowed because we have that special exception for Parking Lot 3.

Mhmm. Okay.

And the only time there can be an extension onto the street is during Friday night live when the street is closed for a special event.

Mhmm.

Okay. So we need a motion to send this to the council on the nineteenth. Right? Where we'll review it and make a final decision on it?

That would be my recommendation. Yeah.

Okay. So I already made a motion to I'll withdraw that motion.

Please do. Yes.

And then I will make a motion to send this to counsel on May 19 for a full consideration.

Okay. I will second. Alright. Perfect. Thank you.

So then I'll get we'll be in touch then to figure out the next steps or do I go to the clerk's office or how?

We'll get in touch with you.

Okay.

Yep. Yep. We'll go to work on it right away in the morning.

Alright. Are you District 11 or District 3? Do you know?

I was Alicia's district.

Okay. So that's vacant.

That's 11.

Okay. I just wanted to make sure because I'm the alderman for District 3, is the Riverfront.

Yeah. Alicia was my alderwoman, and now I don't have one.

You will, but on the nineteenth. Will on

the nineteenth. Okay.

Doesn't leave a lot of time. But okay. So we have a motion to send this to counsel for for final decision. Motion by alderperson Wiggerson, seconded by alderperson Evert. Evert? Evert. Evert. Yeah. Sorry. First time I'd say it. Mhmm. Alright. Alright. Well, that doesn't really help. But, yes, we approve sending it to council. So

So then I'll just get everything together on the nineteenth. Should be all good to go. Mhmm.

Well, yeah, Brian and the clerk's office will be in touch in terms of what needs to be done if it's a sidewalk cafe or if we're okay as is, but this will be on our agenda for the nineteenth.

Okay. And what time is that one? A 06:00 meeting again? I'm gonna put it on my phone right now.

In here.

Yep. In here. 06:00.

Tuesday, the nineteenth.

Yes.

And then do we need to go over the canine fundraiser one as well?

I don't think so.

I'll say I don't think so. Okay. Because we have a stack of about 400 things to approve, and I don't think we wanna talk through all of them. Do any members of the committee have any concerns with

No.

Her other application? Done that before, so. Okay. No, I think we'll be okay.

All right.

Thanks for working through that with us.

Thank you.

Thanks so much

for coming in.

All right. Moving on to invited other applications. There is a hefty list here. Were there any concerns from the clerk's office on any of these?

No concerns.

No concerns. Brian, anything you Anybody would have want to make a motion to approve these? Brian, you need make us read 137 of them or can we cheat one day?

Yes, that's not really cheating. As long as it's printed and it's clear and you're referring to that clear printed statement, yes.

Have you glanced over any of these, Brian?

I have not.

Then I will make a motion to approve all 103.

37.

137 applications that we have tonight on the agenda.

Alright. Thank you. I'll second. Alright. So we have a motion to approve all, what is that? All other applications as listed in the agenda. Motion by alderperson Wiggerson, seconded by alderperson Manion. You can vote when it's before you. That passes unanimously. Unanimously. All right. Moving on discussion and recommendation on AB105 submitted by North Pillar Brewing Company for Friday Night Live for 06/05/1219, 07/10/2431, 08/07/1428.

This was the application that would take place in front of the bubble tea. Idyllic bubble tea, if I recall correctly. Okay. This is the one I was referring to earlier that in order to make this work, we had to have we had to verify that idyllic bubble tea had a sidewalk cafe permit that could then be extended onto the street in front. And that's where North Pillars footprint for their licensed premises would be.

So we didn't it turns out that Idyllic already had a sidewalk cafe permit so that was not an obstacle. Then all that was needed was the permission from the WDBA for that footprint to take place within Friday Night Live because they have the permit for the street closure. And they approved that. So it looks like they have jumped through all of the flaming hoops of fire we put up in front of them.

Okay. So they do have their sidewalk cafe idyllic tea and we're good to go on this one if we don't have any other concerns?

Yes.

Thank you. Questions, comments, even though there's nobody here from the committee?

I don't, but I'll make the motion to approve.

All right. Thank you.

The AB dash one zero five North Pillar Brewing Company for Friday Night Live, June fifth, twelfth, nineteenth, July tenth, twenty fourth, thirty first, and August seventh, fourteenth, and the twenty eighth.

Second.

All right. Thank you. We have a motion to approve by Alderson Wiggerson, second by Alderson Manion. Passes unanimously. Moving on discussion possible recommendation on AB105 submitted by Ray's Grain Brewing for Waxhaw twenty twenty six Lowell Park Fireworks Show, July three, four until ten.

Did raise rain do it last year too? I don't know. Does anybody know? I don't think it was raised.

I don't know. I think this year, Park Rec had proposed having two different beer vendors in the park. So I I don't recall what it was last year.

I didn't make it last year, but

I'm two years going to make the motion to approve. Hold on, I got to go back. Come on, Doreen. I will make the motion to approve a b dash one zero five submitted by Ray's Grain Brewing Company for Waukesha, the twenty twenty six Lowell Park Fireworks Show on 07/03/2026 from four to 10PM.

I will second that. All right.

Paul, we have an issue on this one too unfortunately. If you look at the description of the premises, the licensed premises, it says that it's the area bounded by the perimeter of Lowell Park. So the entire park would be the licensed premises and I don't know that that's what they really wanna do and I don't know that that's what we really want to do because as you know, underage persons are not allowed into licensed premises without a parent or guardian, and I don't know that that's really what Park Rec intends for the fireworks display.

How did they do that before? I mean, you just stood in line and It wasn't this I don't remember how we did it in years past, but it wasn't this AB one zero five.

Right. Yeah. That's right. Because the the full service retail permit, this is an entirely different application. But we still have to define a licensed premises and I would recommend that it be quite a bit more limited than the entire Lowell Park.

I would Okay. Well, I'm gonna withdraw my motion.

I will withdraw the second.

And then we're going to probably have to make a motion or not a motion, but do we just not approve and we'll have to send it back for modification?

Yeah. I think we we need them to say, okay. Here's what we what we really need and limit that.

Can't you just give it to their truck or their van or whatever whatever they're selling it out of?

Well, then the question becomes, are people going to be walking throughout the entire park with open containers of beer that they bought there? We need to have a limited area where service is going to take place.

Well, I think it's the AB 105 that's causing the problems. I can't remember. So

it would have to be a different

I don't remember how we've done it in years past.

Different because

it was a different, it was not Form

or different out licensed.

I have to go I mean, it's been two years since I've been on Parks, Rec and Forestry. Don't remember how we did it.

Yeah. For instance, when we do it at Cutler Park, it is defined as the area within the seating area of the stage at Cutler Park. They put out signs and drive stakes into the ground to show what the perimeter of the premises are. Okay.

So we'll hold this one in the NASA clerk's office to What

do they do for Oktoberfest? That would be the same, right?

Yes. Right. The the it's not the entire Frame Park. It's the area around the shelter there where they do Oktoberfest. Yeah. They had initially wanted it to be the entirety of Frame Park, but we ran into the same issue there. My recommendation would be to ask Ray's Grain to amend their application to include a more limited area.

Yep. Yep. That's fair. So we'll hold this one over. Kelly?

I will officially withdraw my motion and then we're gonna hold it over?

Yes.

Okay.

Thank you. Right. So that one will hold till next time.

These AB-105s are kind of a new thing too for everybody, the applicants, us and the Department of Revenue. We're all kind of feeling our way through the process and discovering these issues.

Yes. We've only done a few a year for the last, what, two years? Is it been a thing? Yes. All right. So moving on, we have proposed revisions to municipal code Chapter nine compliance with Act 73 and other changes. Brian, I assume You want me to drag you all through this? I mean, if you can find a more pleasant way to get through it, yes, rather than drag, but

Okay. Well, I I guess we could approach it two ways. I well, I guess the committee has changed since then too since I first sent this out. Okay. Let me give you just a thumbnail sketch of all of this.

Acts 73, a couple of years ago, changed a lot of chapter one twenty five. A lot of it had a delayed effective date, but all of those effective dates have passed now. And we need to bring our chapter nine into compliance with with act 73 and amended chapter one twenty five. So what this does is it changes everything that needs to be brought into compliance with act 73, But it also goes beyond that and proposes amendments to things that primarily because of experience we think need to be changed. You know how it is with ordinances, we frequently come back and tune them up based on real world experience with them.

So we've got a number of those kinds of revisions in here as well. So let's shoot through this. I don't do you have the memo in front of you? Okay. We had a proration language to 9.02 which is something that is not act 73 but probably should have been done because we have our licenses for for operators for instance are two years.

And so we need language in there to prorate the fee for those longer term licenses. Also, we removed a there's no fee for a class a cider only license because the Wisconsin statutes one twenty five fifty one two d two exempts class a cider only licenses from the fee. So we're just making that change to be in compliance. Nine zero seven in the processing of applications, of course, we changed clerk treasurer because that position no longer exists. We added language about the issuance of conditional licenses to applicants whose premises are under construction or remodeling at the time.

They like to know if they're going to get their license before they they do all that. So this allows or explicitly provides for the issuance of a conditional license that will only become effective after a certificate of occupancy is issued for the premises and it's legal for them to be open. We added a provision that talks about denying licenses to people that are in default of property taxes or special assessments, which is something that already existed in chapter eight of our code, but we're putting it right in chapter nine, so there's no need to cross refer. Subsection six of nine zero seven is, this is new, but it's old in the sense that it it codifies the practice that's been followed for many years by many different communities. This has to do with when a bar is sold from one owner to another.

And the state law doesn't explicitly provide for a transfer. In fact, you cannot transfer an alcohol license from one person to another. You can move them from place to place, but not from one to another. So when a seller sells a bar to a buyer, that license can't be transferred directly. It has to be surrendered to the city and then reissued. And what this does is it creates a sixty day period within which that license can only be issued to the new owner. So it gives them some security to know that they are going to get the license. Yes. As long as they comply with all of the other licensing requirements.

Yep. So so that is that similar to, like, when we approved Q Club in 2025, 2024? 2024, I think.

This happened recently.

Yeah. Uh-huh. That's what I was gonna say. Yeah.

Yeah. The most recent one we had, I think, had to do with was it Donnie Boys?

Donnie Boys.

Yeah. I think that was that was the issue. But it comes up and it's something that you know, I think it's been informally done and it's informally done in a lot of communities. But this creates an explicit process for that to happen. So that buyers of bars has some comfort in knowing that if they meet all of the other requirements for the issuance of the license, it's going to be there waiting for them.

We're not going to give it to the to somewhat some applicant that shows up in the interim. Nine point o seven five is an act 73 change because it creates a process for full service retail outlet approval. And we've already had some experience with that but we've been kind of flying by the seat of our pants. This is to create a a process by which it happens. If you look at the actual text of the of nine point o seven five which is later on in the memo, you'll see that well for one thing under sub two, the application for city approval, we included a lot more step by step explanatory language than we usually do.

And again, that's because this is a kind of a new process, and we wanted to create a guide. I don't know if you recall just exactly what a full service retail permit is, but it replaces the temporary licenses that we used to give to raised grain and other breweries that would come in with their truck or trailer or stand. These are now handled by the Department of Revenue. But the city does have some limited control over what it can do. The license premises definition for one thing.

And we can also if we wanted to limit the types of products that can be sold by an FSR permit holder. And as you'll see in this draft, we are not recommending much of that because the final subsection six restrictions on sales, one of the options we have is to limit them to sales of only products that they produce. So raised grain could only sell raised grain products at their FSR outlets. That's an option. We could do that in this draft.

We just didn't see the real need for that and a real need to limit them from being able to sell whatever they want. Especially if it's a unlimited transfer FSR outlet, which which is the kind that shows up at the farmer's market or at Friday Night Live. We couldn't see a reason to deny them the ability to sell, you know, seltzer or or other products along with their own beer or whatever they're producing. So that's the way this draft reads. You don't have to do it that way.

You could recommend that they're limited only to selling what they produce themselves. Subsection six b was kind of an interesting situation because when this draft was first created, we were not thinking about for instance North Pillar coming to Friday Night Live and setting up in front of a store. That's something that came up when for the first time in our contemplation when they put in that application to do it in front of idyllic bubble tea. And we realized that while this would prohibit that. What they want to do is to sell basically carryout only.

They're not going to sell open drinks for consumption on the premises. They said that they were just going to sell their six packs or or growlers or whatever it is they have. And if that's what they want to do, I don't think we would want the ordinance to limit them from doing that. The thought behind this was, for instance, when a a beer truck or trailer pulls up at Cutler Park during, you know, a tribute Tuesday concert. The thought was that we didn't want people coming just to buy their carryout beer and then walking out again because they're there for the event.

So we thought, well, it's limited only to consumption at the event. But then along comes North Pillar with this idea. Yeah. We're just gonna sell it in package and it's not for consumption on the premises. So okay. So I would recommend that we delete that subsection six b. And then the final one, six c is another option that we have to limit their sales. And this one is in there to coincide with park rec rules and our existing rules that you can't sell intoxicating liquor in city parks. It's fermented malt beverages only. And the definition of intoxicating liquors does include wine.

So this would be strictly for breweries selling beer. Okay. Changes to the operator's license section. We wanted to clarify the language in there, the existing language. There's already a provision in there that says that if an operator comes and wants a renewal but doesn't have any problems on their record since the issuance of the license that's being renewed, that the clerk can just go ahead and approve it and do it without coming before you or coming to the council.

And there was some confusion over that language and how it worked. This is an attempt to clarify that language and to say, yeah, if you kept your nose clean, we have no reason not to renew you. So clerk, just go ahead and issue it. Right. So that should help to cut down on the number of applications that come in here, especially at this time of year.

Nine zero nine, it's clarified that the 25 mile radius that we imposed instead of the county that applies only to retail licenses and not to operator licenses or bartenders licenses. Because state law says that if you light all the lights in 12504 that you should get your license, and living within a certain radius of a city is not one of those lights that you have to light. We also removed references to if you recall, there were provisions in the existing ordinance that deals with Lowell Frame And Cutler Parks allowing sales only in those locations. Well, the park rec department has been conducting their beer gardens in parks other than those locations. So obviously, if we're going to continue that, which has been a very successful program for them, we need to accommodate that in the ordinance.

So that change has been made. Nine ten license quotas for Class A retail licenses. This is changed so that cider only licenses are not subject to our Class A quota. Waukesha is a little unusual in that it has its own quota on class a licenses whereas state law only imposes a quota on class b licenses. But we we need to exempt the class a beer licenses.

I'm sorry. The class a cider only licenses are not subject to our class a quota in order to comply with chapter one twenty five. It's a minor tweak, but we had to do it. Nine eleven subsections five, six, eleven, and twelve are recommended for deletion because they're just out of touch. They're archaic and we just don't think that they serve a purpose.

Class a licenses to gas stations, Dan can tell you that's been very controversial in the past. People have spoken very passionately about it. One of them was our former police chief who basically declared that over his dead body would intoxicating liquor ever be allowed to be sold at a gas station. But there's never really been a good rationale for that articulated. We can't think of one.

It certainly isn't preventing people getting drunk on intoxicating liquor and then driving just because they bought a bottle of Jack Daniel's at a gas station. So if the committee or the council feels that there are good reasons to continue to prohibit that, that's certainly within your call. But we're just recommending that that one be deleted. If you look at the section itself to see what the other changes were, credit sales prohibited. We see no reason why we should continue to prohibit credit sales.

Music and licensed premises ceasing a half hour before legal closing time except by a special permit from the chief of police. We already have unreasonable noise ordinances to deal with that. I we just don't see a reason for continuing that. Also, there's a provision in the current law that says that the sale of fermented malt beverages in restaurants shall be for consumption on the premises only. No carryout sales of beer.

Again, we can't think of any reason why that should be. We're just recommending that it be taken out. We see all of these basically as unnecessary restraints on commerce. So take them out and if it turns out to be a huge problem, then I'll come back with my tail between my legs and say we need to put these provisions back in. We had to make some changes because of our DORA ordinance.

In 09/2015 the licensed premises section, it clarifies that it applies only to retail licenses and adds a reference to the DORA ordinance. So there's no confusion over whether it conflicts with the DORA. We also had to add a reference to FSR outlets which is a topic that we discussed a couple times tonight. We removed the language in there that the amendment of licensed premises is subject to the committee's sole discretion to encourage the determination to be made on objective factors and not on subjective factors. We took out the the subjective discretionary part.

And we also changed the the way subsection six is set up so that we it's now under a general heading of temporary license premises, which are, are two subcategories, temporary extensions and temporary license premises. So a temporary extension is what we talked about earlier with the mayor's restaurant concept. When they want to go out into the parking lot, that's a temporary extension. A temporary license premises is what well, what we talked about having raised grain at Lowell Park for the fireworks for instance. So they're two different concepts.

So we broke them out into their own separate subcategories. And then, having to do with the enclosures, we changed those rules. And this is again kind of based on experience and observation that it is sometimes difficult for applicants to grasp the concept and sometimes expensive for them to comply. And we're recommending that the enclosures need not be substantial enough to physically block passage. Now this is for temporary.

Okay? That they be not be substantial enough to physically block passage, but they've got to at least clearly show where the boundaries of the licensed premises are. Signs are added as a means of marking the boundaries so that a physical barrier is not required. And as a comment here, the requirement of a 36 inch high physical barrier is sometimes a real burden for temporary organizers, and our experience shows that it's probably not necessary. It just hasn't been an issue.

So entry and exit must still be monitored, and that's really the important part of having a clear delineation of where the license premises are. So we're recommending that the substantial enclosure be eased a little bit to make it less expensive, less burdensome for people to to do. Yeah. The license to be used category, we have a a provision in there that says that licenses go stale and get are are surrendered if they're not used for a period of time. And the exception for temporary licenses is removed from that because a temporary license is temporary and it has a built in expiration.

It doesn't matter if you don't use it. Underage provisions. This was revised just simply to avoid confusing conflict with state law. There's no need to recite in our ordinance that a repeat offense is a crime. It's added as a municipal penalty so that the police department can issue a municipal instead of a state state citation when it's appropriate.

So that's a kind of a minor tweak, but it's it's kind of a process tweak. So that's what we're recommending. As I said at the start, some of this is required by act 73. Some of it is just discretionary on our part, but we think that these changes are good ones that will help to ease some of the burden on our applicants and hopefully clarify the requirements for all of them. We're trying to make it easier for people to comply with our rules.

Yeah. Thanks, Brian. It all certainly sounds very reasonable. I appreciate you and your team taking the time to look through the whole thing and make some of those changes that make sense versus just the aligning to state. Appreciate that. Any committee members have any questions? I would assume we would want one of those if we want to send it to council.

Because I would be very happy to do so. So I'm making a motion on the proposed revisions to municipal code chapter nine compliance with act 73 and other changes as written.

That would help. I second. All right. We have a motion to approve the proposed changes to Municipal Code Chapter nine compliance with act 73 and other changes as presented motion by alderperson Wiggerson, seconded by alderperson Evert. Can vote when it's before you.

That passes unanimously. Thank you. Thanks, Brian. Moving on, any communications from city attorney?

No.

Clerk's office?

None.

Alright. We are adjourned. 07:11. Thanks, everybody.