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Public Safety Committee

Regular Meeting

Oregon, WI · February 26, 2024

AgendaMinutes

Minutes

h 101 Alpine Parkway Oregon, WI 53575 | Phone: (608) 835-3118 | Fax: (608) 835-6503 vil.oregon.wi.us | Find us on Facebook! Pursuant to Wis. Stat. § 19.84, notice is hereby given to the public by the Chairperson of the Public Safety Committee, that the following meeting will be held: Meeting: Public Safety Committee Date: Monday, February 26, 2024 Location: Village Hall; 101 Alpine Parkway Time: 5:00 PM f Note: Any person who has a qualifying disability as defined by the Americans with Disabilities Act that requires the meeting or materials at the meeting to be in an accessible location or format must contact the Village Clerk at (608) 835-3118, 101 Alpine Parkway, Oregon, Wisconsin, at least twenty-four (24) hours prior to the commencement of the meeting so that any necessary arrangements can be made to accommodate each request. MEETING MINUTES 1) Call to Order. Chair Amanda Peterson called the Public Safety Committee meeting to order at 5:01 p.m. on Monday, February 26, 2024. 2) Roll Call. Present: Carlene Bechen, Lynn McDaniel, & Amanda Peterson. Also Present: Chief of Police Jenny Pagenkopf, Village Attorney Derek Punches, Village President Phil Van Kampen, Village Clerk Candie Jones, and two (2) members of the public. **Items were taken out of order but remain in order for ease of reading. ** 3) Approval of January 29, 2024 meeting minutes if correct, and correction of mistakes, if any (staff recommendation: motion to approve as presented). Bechen moved, seconded by McDaniel to approve the 01-29-2024 meeting minutes. Motion carried 3-0. 4) Public Appearances, Comments, and Communications. a) Public Comment. This part of the agenda allows members of the public to provide information to the Public Safety Committee, including items both on and off the agenda. Under the Open Meetings Law, this agenda item allows the Board to receive information, and to ask questions of a presenter to facilitate a better understanding of the information. Board members may discuss procedural matters relating to the information, such as whether the information should be directed to staff, referred to a committee, or placed on a future Board agenda. However, Board members may not expand their discussion beyond such procedural matters. Fifteen (15) minutes will be provided for this item with a three (3) minute maximum per speaker; otherwise, the agenda will proceed as posted. (This note may or may not be read at meetings.) 5) Business (items are for discussion and / or possible action). a) Review draft ordinance amending Section 12.05 (6) (c) of the Village’s Code of Ordinances related to single serve alcoholic beverages in establishments where gasoline is sold. Approved 06-24-2024 Page 1 of 3 Cynthia DiCamelli and Amy Miller from OregonCares were in attendance for this item. They appeared at the January 29, 2024 meeting and requested the committee consider amending the language in the current ordinance to prohibit any single serve alcoholic beverage whether they were fermented malt or intoxicating liquor. Attorney Derek Punches referenced the draft ordinance provided in the packet of information that would provide an amendment to 12.05 (6) (c). The current ordinance language is as follows: 12.06 (6) (c) No premises where gasoline is sold may sell single servings of fermented malt beverages. A single serving shall mean a single can or bottle of fermented malt beverage. The draft ordinance would include intoxicating liquor and the proposed language is below: 12.06 (6) (c) No person may sell a single serving of any alcohol beverage on any premises where gasoline is sold. In this paragraph, “single serving” means a single can or bottle containing less than 750 milliliters of fermented malt beverage or containing less than 200 milliliters of intoxicating liquor. No premises where gasoline is sold may sell single servings of fermented malt beverages. A single serving shall mean a single can or bottle of fermented malt beverage. Pagenkopf noted her initial concerns related to the amendment to the ordinance come down to enforcement. Currently, with staffing she only sees this being enforced on a complaint basis. She further noted that Kwik Trip is a very cooperative and effective public safety partner. Punches noted that with the passage of 2023 Wisconsin Act 73 the definition of “fermented malt beverages” has been modified. So, some of these single servings in question may already be defined as fermented malt beverages and covered under the current ordinance. However, there are some single serve beverages that are clearly made with an intoxicating liquor (vodka, tequila, rum) and are marked as such. Below is the definition of “fermented malt beverages” after 2023 Wisconsin Act 73 for reference. 125.02 (6) (b) “Fermented malt beverages" means any of the following: (a) Any beverage made by the alcohol fermentation of an infusion in potable water of barley malt and hops, with or without unmalted grains or decorticated and degerminated grains or sugar containing 0.5 percent or more of alcohol by volume. (b) Any beverage recognized by the federal department of the treasury as beer under 27 CFR part 25, except sake or similar products. There was considerable discussion on the definition of “single serving” as it relates to fermented malt beverage and intoxicating liquor. The members decided to define a “single serving” of fermented malt beverage and intoxicating liquor as: Approved 06-24-2024 Page 2 of 3  Fermented Malt Beverage Single Serving- a single can, bottle box or other container of any amount.  Intoxicating Liquor Single Serving - Anything less than 750 milliliters. OregonCares was asked if there was any data that confirmed negative impacts to public health or safety with single servings of alcoholic beverages being sold at establishments that sold gasoline. DiCamelli mentioned there wasn’t anything specifically related to show negative impacts of single servings being sold at convenience stores / gas stations. She mentioned since single servings are strategically placed for convenience they can be purchased for a cheaper price and quickly. They are easier to shoplift, and people can easily open and consume them in their car while driving. She mentioned that most of them don’t even look like an alcoholic drink but rather a soda or energy drink. Jones suggested DiCamelli provide the data she has so that it could be provided in the packet of information for the public and members to see. Punches will revise the draft ordinance based on the discussions at this meeting. The members suggested Clerk Jones reach out to representatives from Kwik Trip to advise them of the proposed change to the ordinance. They mentioned hearing their thoughts before sending the proposed ordinance onto the Village Board. Jones will provide Kwik Trip with the draft ordinance after the revisions (discussed at this meeting) from Punches are completed. The members would also be interested in any relevant information Kwik Trip is willing to share. Such as current sales/trends of single servings of alcoholic beverages. They would also like to hear their general feedback on the proposed change. The members expressed their support for the proposed ordinance. They thanked Kwik Trip for being a good community public safety partner and look forward to hearing their feedback. b) Review draft ordinance creating Section 12 of the Village of Oregon’s Code of Ordinances related to the issuance of cigarette, electronic vaping device, and tobacco product retail licenses. McDaniel moved, seconded by Bechen to approve creating Section 12 of the Village of Oregon’s Code of Ordinances related to the issuance of cigarette, electronic vaping device, and tobacco product retail license. Motion carried 3-0. c) Future Agenda Items. The next meeting is tentatively scheduled for March 25, 2024. 6) Adjournment. 7) McDaniel moved, seconded by Bechen to adjourn the Public Safety Committee meeting at 6:56 p.m. on Monday, February 26, 2024. Motion carried 3-0. Submitted by, Candie M. Jones Village Clerk Approved 06-24-2024 Page 3 of 3

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