Protection and Welfare Committee

City of Oconomowoc Protection & Welfare Committee Aldermen: Rosek, Chairman /, Secy / Ellis Tuesday, June 15, 2021 - 6:55 PM City Hall - Council Chambers 174 E. Wisconsin Ave. Oconomowoc, WI 53066 Notice: If a person with a disability requires that the meeting be accessible or that materials at the meeting be in accessible format, call the City Clerk at least 48 hours prior to the meeting to request adequate accommodations. Tel: (262) 569-2186. 1. Call to order and confirmation of appropriate meeting notification 2. Committee Business a. Consider/recommend Resolution 21-R2960 Granting Renewal of 2021-2022 Alcohol Beverage Licenses b. Consider/recommend Resolution 21-R2962 Rescinding Reservation of "Class B" BTheBall, LLC License 3. Adjourn ________________________________ Diane Coenen, City Clerk City of Oconomowoc Notice is hereby given that a majority of the Common Council will be present at the above scheduled meeting to gather information about a subject over which they have decision-making responsibility. This constitutes a meeting of the Common Council pursuant to State ex rel. Badke v. Greendale Village Board, 173Wis. 2d 553, 494 N.W. 2d 408 (1993) and must be noticed as such, although the Common Council will not take any formal action at this meeting. 1  MEMORANDUM CLERKS Date: June 7, 2021 To: Mayor Magnus Protection & Welfare Common Council From: Diane Coenen, City Clerk Re: Renewal of Alcohol Beverage Licenses: July 1, 2021 – June 30, 2022 RELATES TO THE STRATEGIC PLAN Strategic Goal – N/A BACKGROUND This resolution lists all the remaining licensee applications requesting renewal of their Class A or B Alcohol Beverage Licenses, for the licensing period July 1, 2021 to June 30, 2022. All licensees/premises are current with all obligations to the City and meet all Chapter 12 code and statutory requirements. ADDITIONAL ANALYSIS FINANCIAL IMPACT RECOMMENDATION Protection and Welfare Recommendation: Move to recommend Resolution 21-R2960 granting renewal 2021- 2022 alcohol beverage licenses. SUGGESTED MOTION Common Council Recommendation: Move to adopt Resolution 21-R2960 granting renewal 2021-2022 alcohol beverage licenses. 1 2  RESOLUTION NO. 21-R2960 RESOLUTION GRANTING RENEWAL OF 2021-2022 ALCOHOL BEVERAGE LICENSES WHEREAS, applications for the following renewal licenses have been made, necessary fees deposited and all legal procedures have been taken, as per ordinance of the City of Oconomowoc. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Oconomowoc that the following licenses be granted (all will expire on June 30, 2022): Class “A” Fermented Malt / "Class A" Liquor (Cider only) Licenses: (sell packaged goods beer & cider only) Kwik Trip, Inc (#417) Kwik Trip, Inc (#858) 1220 Brown Street 1301 Oconomowoc Parkway Craig Clausen, agent Jeffrey S. Wiggins, agent W5572 Cty Rd CW, #1A, Watertown 366 Grove Street, Mayville Kwik Trip, Inc (#446) Speedway, LLC (#4179) 1292 Oconomowoc Parkway 403 E. Wisconsin Avenue Jodi Schubert, agent Amber M. Amsler, agent 604 Garfield St, Watertown 138 N 71st St, Milwaukee "Class A” Intoxicating Liquor/Fermented Malt Licenses: (sell packaged goods beer & liquor) Aldi, Inc (#27) Herr's Service Inc. 1521 Unity Drive 402 E Wisconsin Ave Bradley D. Anderson, agent Peter Herr, agent N8022 Preserve Park Dr, Ixonia W175 Park Rd Auton Co., LLC (Sonoma Cellars) Spring Fast LLC (BP-W Discount Liquor) 1290 Summit Avenue, #101 1004 E. Summit Avenue Robert Fronberry, agent Satwinder Singh, agent 123 Saint Andrews Trail, Fontana 3380 Bradee Rd, Brookfield Fox Bros. Piggly Wiggly 1300 Brown Street Michael S Olwig, agent W209 N11247 Schiller Dr, Germantown Class “B” Fermented Malt Licenses: (sell packaged goods beer only) Oconomowoc Softball Association Champion Field-W. Jefferson Street Gary L. Boley, Jr, agent N1514 Cty Rd EE, Neosho Class “B” Fermented Malt / "Class C” Wine Licenses: (serve fermented malt beverages and wine only) Gus & JS Inc (Lakehouse Café) 662 E. Wisconsin Ave Gustavo Gutierrez, agent 1025 Baxter St, Waukesha 3  “Class B” Retailers’ Licenses: (serve intoxicating liquor/fermented malt beverages) Bootleggers, LLC The Etc Bar & Grill LLC (The Etcetera) 137 E. Wisconsin Avenue 118 E. Wisconsin Avenue Holly K. Semrad, agent Brian Borkowski, agent 683 N. Lapham 752 Adams St Fiesta Cancun, LLC Solveson-Moos-Abrahanson (VFW Post 2260) 157 & 159 E. Wisconsin Avenue 830 E. Wisconsin Avenue Marcos Contreras, agent Richard S. Hagedorn, agent 1842 Wellsprings Court 849 W. Wisconsin Avenue Hey, LLC (Maxim's at the Ocon Depot) Roots Coffeebar & Café LLC 115 E. Collins 124 E. Wisconsin Avenue Dimitri Glavas, agent Heidi E. Laatsch, agent, W336 N550 Island View Ln, Nashotah 330 Thurow Drive Oconomowoc Columbian Bldg. Corp. TKH, LLC (Grill 164) 117 W. Second Street 164 E. Wisconsin Avenue Jon M. Kopps, agent Todd K. Heppe, agent N7180 Ski Slide Road 988 Oconomowoc Pkwy Sobie's Restaurant LLC 123 E. Wisconsin Avenue Lydia Sobol, agent 546 Summit Avenue Reserve “Class B” Licenses: (serve intoxicating liquor/fermented malt beverages) SLM LLC (Twisted Fire) Wine & Décor LLC (Vino Etcetera) 515 E. Wisconsin Avenue 120 E. Wisconsin Avenue Dimitri Glavas, agent Brian Borkowski, agent W336 N550 Island View Ln, Nashotah 752 Adams St “Class B” Retailers’ Licenses (Capital Improvement Area-Former TID 3) (serve intoxicating liquor/fermented malt beverages) Perseverance Corp (The Badger Burger Co) 1320 Pabst Farms Circle Mark Weiss, agent 4764 S. Lindenwood Ct, New Berlin DATE: June 15, 2021 CITY OF OCONOMOWOC ATTEST: BY: ______________________________ Robert P. Magnus, Mayor Diane Coenen, City Clerk 4  MEMORANDUM CLERKS Date: June 7, 2021 To: Mayor Magnus Protection & Welfare Common Council From: Diane Coenen, City Clerk Re: Resolution 21-R2962 Rescinding the Reservation of the “Class B” BTheBall, LLC License RELATES TO THE STRATEGIC PLAN Strategic Goal – N/A BACKGROUND On June 20, 2017 Council held a revocation hearing for the “Class B” Intoxicating Liquor/Fermented Malt Beverage License for BTheBall, LLC. The business was in violation of City of Oconomowoc Municipal Codes 12.04(4)(d) Inspection of Premises and 12.04(5)(k) Commencing Business. The business was given until June 30, 2017 to pass inspections and commence business with adequate stock and equipment. The business was not compliant on June 30th, therefore Resolution 17-R2673 Not to Renew the license took effect on July 1, 2017. The resolution also provided that the license for the premises located at the corner of Corporate Center & Valley Road shall be reserved for the premises effective July 1, 2017. ADDITIONAL ANALYSIS The premises located at the corner of Corporate Center & Valley Road is vacant and there has been no contact from the owner of the property providing plans to develop. The “Class B” license reserved for the last four (4) years is a regular license ($600), which by Statute should be issued before the City issues any of the six (6) Reserve “Class B” licenses we have available. By rescinding the previous Council action to reserve the license, we would be able to issue a regular license to the next applicant and still have six Reserve licenses available. FINANCIAL IMPACT N/A RECOMMENDATION Protection & Welfare Committee: Recommend to Council approval of Resolution 21-R2962 rescinding the reservation of the BTheBall, LLC “Class B” license for the property located at the corner of Corporate Center & Valley Road effective immediately. SUGGESTED MOTION Common Council: Recommend adopting Resolution 21-R2962 to rescind the reservation of the BTheBall, LLC “Class B” license for the property located at the corner of Corporate Center & Valley Road effective immediately. 1 5  RESOLUTION NO. 21-R2962 RESCINDING RESERVATION OF BTHEBALL, LLC “CLASS B” INTOXICATING LIQUOR/ FERMENTED MALT BEVERAGE LICENSE EFFECTIVE IMMEDIATELY WHEREAS, the Common Council was presented information on June 20, 2017 from the City Clerk that BTheBall, LLC had applied for renewal of their license and that they were in violation of Municipal Codes; and WHEREAS, violation of Sections 12.04(4)(d) Inspection of Premises and 12.04(5)(k) Commencing Business were causes for revocation; and WHEREAS, a revocation hearing was duly noticed and held on June 20, 2017 and the Common Council adopted Resolution 17-R2673 to not renew the license unless inspection of premises was approved and the business commenced with adequate stock and equipment by close of business on June 30, 2017; and WHEREAS, the resolution also included that if these matters were not fully compliant by the close of business on June 30, 2017, the license for the premises located at the corner of Corporate Center & Valley Road shall be reserved for the premises effective July 1, 2017. WHEREAS, the violation matters were not fully compliant by close of business on June 30, 2017 and the “Class B” License was reserved for the premises. NOW THEREFORE, BE IT RESOLVED, it has been four (4) years since the “Class B” license was reserved and no communication or development plans have been provided to the City of Oconomowoc regarding the vacant parcel. NOW THEREFORE, BE IT FURTHER RESOLVED, the Common Council rescinds their previous action to reserve the “Class B” license for the premises located at the corner of Corporate Center & Valley Road effective immediately. DATED: CITY OF OCONOMOWOC By: _____________________________ Robert P. Magnus, Mayor ATTEST: Diane Coenen, Clerk 6  RESOLUTION NO. 17-R2673 RESOLUTION RENEWING OR NOT TO RENEW THE 2017 – 2018 ALCOHOL BEVERAGE LICENSE FOR BTHEBALL, LLC WHEREAS, the Common Council has been presented with information from the City Clerk indicating that certain alcohol beverage licensees who have applied for renewal of their licenses are in violation of Municipal Codes; and WHEREAS, Section 12.04(4)(d) Inspection of Premises provides that the Chief of Police, Fire Chief, Building Inspector and Health Department shall inspect each application and the premises to determine whether the applicant and the premises comply with regulations, ordinances and laws applicable thereto and whether the applicant is the proper recipient of a license. Such officials shall furnish the City Council in writing a report on such investigation, accompanied by recommendation as to whether a license should be granted or refused; and WHEREAS, Section 12.04(5)(k) Commencing Business provides that within 180 days from the issuance of a “Class B” license, the licensee shall be open for business with adequate stock and equipment. If the business is not commenced within such time, the license shall be subject to revocation by the Common Council after a public hearing. Failure to commence doing business within 180 days from issuance of the license constitutes cause for revocation. NOW THEREFORE, BE IT RESOLVED the Common Council intends, pursuant to Wisconsin Statutes Section 125.12(3), to not renew the license, unless inspection of premises is approved and the business has commenced with adequate stock and equipment by the close of business on June 30, 2017, of the following licensee, pursuant to said Ordinances: “Class B” Retailers’ Licenses (serve intoxicating liquor/fermented malt beverages) BTheBall, LLC Corner of Corporate Center & Valley Road Michael G. Grall, Agent 34195 Lost Wood Court, Oconomowoc NOW THEREFORE, BE IT FURTHER RESOLVED that if these matters are not fully compliant by the close of business on June 30, 2017, the license for the premises located at the corner of Corporate Center & Valley Road shall be reserved for the premises effective July 1, 2017. Date: June 20, 2017 CITY OF OCONOMOWOC BY: ATTEST: David Nold, Mayor Diane Coenen, City Clerk S:\Resolutions\2017\17-R-NonRenew MagnaLLC.doc 7