Protection and Welfare Committee

Protection & Welfare Committee Meeting Minutes May 2, 2017 Acting Chairman Schmidt called the meeting to order at 5:50 PM. Members Present: Aldermen Schmidt and Shaw Excused: Alderman Rosek Staff Present: Mayor Nold, Kitsembel, Duffy, Frye, Pickart, Buerger, Gallo, Kelliher, Osborn and Coenen Others Present: Alds. Zwart and Kowieski; and Atty. Riffle 2. Consider/recommend Amending §12.04(5)(k) of the Municipal Code Relating to Commencing Business Coenen reported that Protection and Welfare had several discussions regarding the issuance of, revocation of and non-renewal of “Class B” Intoxicating Liquor/Fermented Malt Beverage licenses and directed staff to look at changes to our Chapter 12 licensing code to better address the issue of non-used licenses. Coenen stated there are four areas of the code: Health & Sanitation; Delinquent Claims; Commencing Business; and Cessation of Business that already ensures the City has cause to revoke or non-renew licenses if they don’t comply. The only code change recommended is to the Commencing Business section from 90 to 180 days to open because there are times when applicants are not ready to open a business but want to apply for a license to ensure they will have one when they are ready to open. In these instances, Council may grant the license and review it after 180 days or place it on hold specifically for that licensee to allow them a set time to finalize their project. The Committee discussed extending the timeframe to commence business and had questions about the other code language. Coenen stated under Health & Sanitation if any of the three inspections fail it constitutes cause for non-renewal; under Delinquent Claims if a licensee or premise is delinquent it constitutes cause for revocation or non-renewal; and under Cessation of Business if a business ceases operating for 90 days or more it constitutes cause for revocation or non-renewal. Our code has had the tools to revoke or non-renew but previous Councils have chosen not to enforce. Motion by Shaw to recommend amending §12.04(5)(k) of the Municipal Code Relating to Commencing Business; second by Schmidt. Motion carried 2-0. 3. Consider/recommend Granting Eight “Class B” Intoxicating Liquor/Fermented Malt Beverage Licenses to Pabst Farms Development, Inc. Coenen reported that on April 4th Council adopted a resolution that recognized that Pabst Farms Development, Inc. had met the requirements of the special legislation that was passed in regards to allowing the issuance of up to 8 “Class B” Intoxicating Liquor/Fermented Malt Beverage licenses within the former TID #3 capital improvement area. Pabst has now submitted applications for all 8 licenses and this resolution grants the licenses to Pabst Farms Development, Inc. Coenen noted that when payment is received for these licenses along with the surrender of their 4 non-used licenses, the 8 will be issued. Motion by Shaw to recommend granting 8 “Class B” Intoxicating Liquor/Fermented Malt Beverage licenses to Pabst Farms Development, Inc. conditioned upon the surrender of the 4 non-used “Class B” licenses they currently have; second by Schmidt. Motion carried 2-0. Motion by Shaw to adjourn; second by Schmidt. Motion carried 2-0. The meeting adjourned at 6:05 PM. Minutes taken by Diane Coenen, City Clerk Ald. Shaw, Acting Secretary S:\Committees - Commissions\Protection & Welfare Committee\Minutes\2017\PWMin5-2-17.doc