Licenses & Fees Committee (Meets as needed, often on the 3rd Monday of the month at 3:30 p.m.)

[20220711 Licenses & Fees 1] AGENDA LICENSES AND FEES COMMITTEE MONDAY, July 11, 2022 – 3:30 p.m. Government Center Room 217 VIDEO CALL LINK: https://meet.google.com/ynm-yofy-xqb OR DIAL: (US) +1 617-675-4444 (PIN: 112 472 725 7204#) MEMBERS: Brent Fennessey (Chair), Lindsey Graskey (Vice-Chair), Jack Sweeney & Mike Herrick (Alternate) MISSION STATEMENT: “To hold hearings to consider licenses that have been denied through the application process. Review Code of Ordinances regarding license requirements and fees. To review license applications with problems or extenuating circumstances.” 1 ROLL CALL 2 APPROVAL OF MINUTES 2.1 Licenses & Fees Committee (Meeting held June 13, 2022) 3 OLD BUSINESS 4 NEW BUSINESS 4.1 Discussion with Douglas County Health Department Representatives on the acquisition of health inspection costs for various city licenses. 4.1.1 Recap Sales & Business License for required updates. 4.2 Initial run through of city licenses for Transportation & Mobile Businesses (Vehicles, Trucks, Carts, etc) 4.3 Review Code Update for 1-Day Cabaret licenses 4.4 Propose Future Meeting Topics 5 ADJOURNMENT Notice is hereby given that a majority of the members of the Common Council may be present at the meeting, and although this may constitute a quorum of the Common Council, the Council will not take any action at this meeting. ****************************************************************************************************************************************************** Pursuant to the Americans with Disabilities Act of 1990, if you are in need of an accommodation to participate in the public meeting process, please call (715) 395-7200 by 4:30 p.m. on the day prior to the scheduled meeting date (OR dial 711 for Telecommunications Relay Service). The City will attempt to accommodate any request depending on the amount of notice received. ****************************************************************************************************************************************************** In compliance with Wisconsin Open Meetings Law, this agenda was posted on 7/8/2022 at the following locations: Superior Government Center, Douglas County Courthouse, and online at https://www.ci.superior.wi.us/agendacenter. It was also emailed to the Superior Telegram, PACT and the Superior Public Library. Page 1 of 1  [20220711 Licenses & Fees 2] Licenses and Fees Committee Meeting Minutes City of Superior, Wisconsin The meeting was called to order by Councilor Fennessey at 1:05 pm on June 13, 2022 in Government Center Room 204. 1 ROLL CALL COUNCILORS PRESENT: Brent Fennessey (Chair), Lindsey Graskey (Vice-Chair) COUNCILORS ABSENT: Jack Sweeney, Mike Herrick (Alt) CITY STAFF PRESENT: Mayor Paine (via teleconference), City Clerk Ramos OTHERS PRESENT: Shelley Nelson 2 APPROVAL OF MINUTES 2.1 Licenses & Fees Committee (Meeting held May 9, 2022) MOTION by Vice-Chair Graskey to approve, seconded by Chair Fennessey and carried. 3 OLD BUSINESS 3.1 Review of Former License Type Assignments: 3.1.1 Sales & Business Licenses – Chair Fennessey There was no objection to Chair Fennessey’s recommendation to focus on the Sales and Business set of city licenses, and leave the other three sets of licenses for future meetings. Discussion regarding the health inspection approval required by our city code led to various questions that would be better answered by health department staff. At present, the city clerk’s office charges applicants of multiple city licenses (hotel/motel/rooming house, mobile/manufactured home court, massage therapy business, tattoo establishment) a $15 health inspection fee, which the county later obtains by invoicing the city a $15 fee for each inspection. Councilors requested that Clerk Ramos extend an invitation to a representative of the Douglas County Health Department for the July meeting, to determine whether there is any way that the county obtain that $15 health inspections fee directly from the applicant in going forward, when applicable. MOTION by Vice-Chair Graskey to postpone action until meeting with the health inspector, seconded by Chair Fennessey and carried. 3.1.2 Transportation & Mobile Businesses (Vehicles, Trucks, Carts, etc) – Councilor Sweeney NO ACTION. Page 1 of 3  [20220711 Licenses & Fees 3] 3.1.3 Animal & Misc Licenses – Councilor Herrick NO ACTION. 3.1.4 Entertainment Licenses/Permits and Misc Fees – Vice‐Chair Graskey NO ACTION. 4 NEW BUSINESS 4.1 Review of Short-Term Rental (STR) Proposed Ordinance and License Application Mayor Paine explained that licensing short-term rentals with a nominal fee ensures that property owners are collecting the appropriate taxes. He also advised that online vacation rental marketplaces like VRBO and AirBnB confirm property owners license their rentals before they are listed, if the local code requires a city license. Chair Fennessey asked that the cap be removed until the city, with input from the Housing Task force if possible, verifies that limiting the number of short-term rentals in the city would be beneficial to the city in some manner. MOTION by Chair Fennessey to eliminate section 74-308(b), seconded by Vice-Chair Graskey and carried. MOTION by Chair Fennessey to strike “(for 3 months of less)” from section 74-305(a), seconded by Vice-Chair Graskey and carried. MOTION by Chair Fennessey, seconded by Vice-Chair Graskey and carried, to change the first line in section 74-305(a) as follows: “All applications must be filed with applicable filing fee; applications filed after May 1 of each year will be subject to a $25 late fee.” MOTION by Chair Fennessey to replace “individual and $1,000,000.00 aggregate” with “occurrence” in section 74-304(c), seconded by Vice-Chair Graskey and carried. MOTION by Chair Fennessey to have the annual license term to begin on January 1 and expire on December 31—replace “July 1” with “January 1” in section 74-305(b), and “May 1” with “November 1” in section 74-305(c)—seconded by Vice-Chair Graskey and carried. MOTION by Chair Fennessey to replace “June 30” with “December 31” in section 74-304(1), seconded by Vice-Chair Graskey and carried. MOTION by Chair Fennessey to approve the ordinance as amended, seconded by Vice-Chair Graskey and carried. 4.2 City Clerk Ramos is recommending the approval of Outdoor Alcohol Consumption license renewals for the 2022-2023 license period. Mayor Paine advised that Vice-Chair Graskey might need to abstain from action on this item. There was no objection to Chair Fennessey’s request to suspend the rules and consider Item 4.3 while the mayor consulted Attorney Prell. Licenses & Fees Committee Meeting, 06/13/2022 Page 2 of 3  [20220711 Licenses & Fees 4] Mayor Paine promptly informed the committee that Attorney Prell agreed. When Vice-Chair Graskey abstained, the committee lost quorum and was unable to make a recommendation. NO ACTION. 4.3 City Clerk Ramos is recommending the approval of an [Outdoor] Alcohol Consumption License application (due to updated site plan) for Dodgie’s East End Tavern, located at 2114 E 5th Street, for the 2022-2023 license period, expiring June 30, 2022. MOTION by Vice-Chair Graskey to approve, seconded by Chair Fennessey and carried. 4.4 City Clerk Ramos is recommending the approval of Sidewalk Café and Outdoor Alcohol Consumption License applications for Ride or Die Pizzeria, LLC, located at 1623 Broadway Street, for the 2022-2023 license period, expiring June 30, 2022. MOTION by Chair Fennessey to approve, seconded by Vice-Chair Graskey and carried. 4.5 Clarify 1-Day Cabaret License Requirements Chair Fennessey and Vice-Chair Graskey agreed that 1-day Cabaret licenses should be issued at the discretion of the city clerk—when there isn’t enough time for Council approval—as long as the Police Department and Fire Department are notified of the event. Clerk Ramos will be supplying the committee with a proposed ordinance update at their July meeting. NO ACTION. 4.6 Propose Future Meeting Topics 1. Recap sales and business licenses after discussion with health department representative. 2. Initial run through on second set of licenses—Transportation and Mobile Businesses. 3. Review code update for cabaret licenses. 5 ADJOURNMENT Meeting was adjourned at 3:06 pm. Respectfully submitted by Camila Ramos, City Clerk . Licenses & Fees Committee Meeting, 06/13/2022 Page 3 of 3  [20220711 Licenses & Fees 5] A B C D E F G H I J K L M N O P Q R S T U V W X Y Z AA AB 1 2020 Population 18,203 18,204 18,268 18,877 18,929 19,483 19,950 20,094 20,526 21,380 21,827 25,032 25,142 25,361 25,410 25,666 26,751 27,319 27,732 29,609 31,752 34,626 Oconomowoc Germantown* Caledonia* Stevens Point West Bend Manitowoc Hermantown Wisconsin South Marshfield Middleton Fitchburg Mount Menasha Onalaska Muskego Pleasant Cudahy Rapids Howard* Milwaukee Prairie* Mequon De Pere Superior Neenah Pleasant* Cloquet Duluth Proctor 2 Type Municipality: 3 1 Business License $ 25.00 $ 60.00 $ 25.00 4 1 Close Out Sales $ 100.00 1 Dealer - Coin/Stamp/Gun $ 500.00 5 1 Dealer - Precious Metal $ 55.00 (Daily Late Tranaction 6 Report Fee) 1 Dealer - Precious Stones $ 500.00 $ 10.00 $ 440.00 7 & Metal 1 Hotel/Motel/Rooming $ 1.00 8 House - Add'l Unit Rate 1 Hotel/Motel/Rooming $ 15.00 House - Health Inspection 9 Fee 1 Hotel/Motel/Rooming $ 300.00 $ 10.00 $ 10.00 $ 20.00 $ 50.00 $ 20.00 $ 95.00 10 House - Up to 5 Units 1 Hunting Business - $ 10.00 11 Archery 1 Hunting Business - Trap $ 10.00 12 Shooting 1 Hunting Business - Rifle $ 10.00 13 1 Massage Therapy $ 150.00 $ 50.00 $ 125.00 $ 250.00 $ 150.00 $ 50.00 $ 145.00 $ 125.00 14 Business 1 Massage Therapy $ 20.00 $ 50.00 $ 50.00 $ 55.00 $ 85.00 15 Practitioner 16 1 Pawn Shop $ 210.00 $ 200.00 $ 210.00 $ 210.00 $ 210.00 $ 210.00 $ 210.00 $ 210.00 $ 210.00 $ 500.00 $ 210.00 $ 210.00 $ 300.00 $ 440.00 $ 3,750.00 1 Pawn Shop - Daily Late $ 10.00 $ 55.00 17 Transaction Report Fee 1 Pawn Shop License $ 210.00 18 Renewal 1 Pawn Shop Transaction $ 1.00 $2 $ 1,596.00 $ 2.25 19 Surcharge 20 1 Pawnbroker $ 210.00 21 1 Rental Housing 1 Salvage/Junk Dealer and $ 150.00 $ 50.00 $ 50.00 $ 125.00 $ 250.00 $ 25.00 $ 50.00 $ 250.00 $ 50.00 $ 110.00 $ 100.00 22 Yard 1 Salvage/Junk Dealer and $ 300.00 $ 40.00 $ 5.00 $ 5.00 $ 100.00 $ 30.00 $ 100.00 Yard - Collecting Vehicle 23 Rate 1 Secondhand Dealer - $ 40.00 $ 500.00 $ 50.00 $ 27.50 $ 27.50 $ 27.50 $ 140.00 $ 75.00 $ 50.00 $ 50.00 $ 27.50 $ 27.50 $ 80.00 $ 100.00 $ 27.50 $ 27.50 24 Article 1 Secondhand Dealer - $ 50.00 25 Books 1 Secondhand Dealer - $ 40.00 $ 30.00 $ 30.00 $ 30.00 $ 75.00 $ 50.00 $ 50.00 $ 30.00 $ 30.00 $ 80.00 $ 500.00 $ 30.00 $ 30.00 26 Jewelry 1 Secondhand Dealer - $ 165.00 $ 200.00 $ 165.00 $ 165.00 $ 50.00 $ 165.00 $ 82.50 $ 250.00 Mall/Flea Market (Annual 27 Rate) 1 Secondhand Dealer - $ 35.00 $ 75.00 Temporary Event 28 Article/Jewelry 1 Short-Term Rental $ 10.00 $ 25.00 $ 60.00 $ 100.00 29 License 30 1 Store - Auto Title Loan $ 500.00 1 Store - Check $ 500.00 $ 50.00 Cashing/Loan/Title Loan 31 32 1 Store - Rent-to-Own $ 500.00 1 Store Non-Operating $ 25.00 See Vehicles Salvage Operations 33 34 1 Tattoo Establishment $ 320.00 $ 65.00 189 190 *Village. Balance of Page 1 of 1  [20220711 Licenses & Fees 6] A B C D E F G H I J K L M N O P Q R S T U V W X Y Z AA AB 1 2020 Population 18,203 18,204 18,268 18,877 18,929 19,483 19,950 20,094 20,526 21,380 21,827 25,032 25,142 25,361 25,410 25,666 26,751 27,319 27,732 29,609 31,752 34,626 Oconomowoc Germantown* Caledonia* Stevens Point West Bend Manitowoc Hermantown Wisconsin South Marshfield Middleton Fitchburg Mount Menasha Onalaska Muskego Pleasant Cudahy Rapids Howard* Milwaukee Prairie* Mequon De Pere Superior Neenah Pleasant* Cloquet Duluth Proctor 2 Type Municipality: 35 2 Bicycle (2-yr) $ 5.00 $ - $ 5.00 2 Dealer - Motor Vehicle Lot $ 300.00 $ 440.00 36 2 Dealer - Unlicensed $ 200.00 $ 25.00 $ 10.00 37 Motorized Vehicles 38 2 Mobile Food Cart $ 15.00 $ 25.00 $ 50.00 $ 150.00 $ 15.00 $ 202.00 39 2 Mobile Food Vehicle $ 520.00 2 Mobile Food Vehicle - $ 75.00 40 Single Event 2 Mobile Food Vehicle (Add- $ 100.00 $ 25.00 $ 25.00 $ 500.00 $ 320.00 $ 50.00 $ 150.00 $ 15.00 $ 560.00 on for Local Business) 41 42 2 Mobile Grooming Shop $ 83.00 2 Motor Vehicle Rental $ 304.00 43 Agency 2 Peddler/Solicitor/Direct $ 600.00 44 Seller - Business 2 Peddler/Solicitor/Direct $ 100.00 $ 150.00 $ 20.00 $ 500.00 $ 45.00 $ 60.00 $ 100.00 $ 30.00 $ 50.00 $ 100.00 $ 80.00 $ 1,320.00 $ 61.00 $ 50.00 $ 25.00 $ 300.00 $ 300.00 $ 75.00 $ 200.00 $ 60.00 $ 50.00 Seller - Individual 45 Employee 2 Peddler/Solicitor/Direct $ 200.00 $ 50.00 $ 50.00 $ 200.00 Seller (Transient 46 Merchant) 2 Recreation/Sightseeing $ 163.00 47 Rides 48 2 Taxicab Operator $ 5.00 $ 15.00 $ 125.00 $ 15.00 $ 30.00 $ 25.00 $ 50.00 $ 35.00 $ 55.00 $ ‐ N/A 2 Towing/Wrecker Service $ 75.00 $ 250.00 $ 150.00 $ 475.00 49 2 Towing/Wrecker Service - $ 5.00 50 Driver Rate 2 Towing/Wrecker Service - $1 Million Min Insurance Coverage 51 2 Towing/Wrecker Service - $ 50.00 $ 50.00 52 Vehicle Rate 2 Transportation Network $ 3,969.00 53 Company 2 Vehicle for Hire - $ 5.00 $ 15.00 $ 10.00 $ 10.00 $ 100.00 $ 30.00 $ 17.00 54 Additional Vehicles 55 2 Vehicle for Hire - Driver $ 5.00 $ 30.00 $ 25.00 2 Vehicle for Hire - Min ######## ######## ######## Insurance Coverage 56 Required 2 Vehicle for Hire (Animal- $ 25.00 $ 187.00 57 drawn) 2 Vehicle for Hire $ 25.00 $ 25.00 $ 50.00 $ 50.00 $ 25.00 $ 150.00 $ 50.00 $ 40.00 $ 30.00 $ ‐ $ 228.00 58 (Taxicabs/Limos) 2 Vehicle for Hire $ 15.00 $ 100.00 (Taxicabs/Limos) - Add'l 59 Cost/Vehicle 2 Vehicle for Hire (vehicles $ 100.00 60 with 8+ seats) 189 190 *Village. Balance of Page 1 of 1 7/7/22, 5:43 PM Superior, WI Code of Ordinances [20220711 Licenses & Fees 7] Sec. 14-58. - Premises. (a) No holder of a license authorized by this chapter may enlarge the licensed premises without first submitting to the fire chief and chief of building inspection, or their designees, and the common council a specific written description of the enlargement, or statement as to why the enlargement is needed and an illustration showing the location of fixtures, entrances and furniture in the enlarged areas. No premises shall be enlarged unless the provisions of this section have been met and the enlargement has been inspected by fire and building inspection representatives, and approved by the fire chief, chief building inspector and the common council. (b) Each individual partnership/corporation wishing to amend their premises for a special event must complete an application provided by the clerk which includes information required by the fire inspector, building inspector, health inspector and police chief. Application must be filed 15 days prior to council action. No premises may be amended for a special event unless the provisions of this section have been met and the application has been approved by the fire inspector, building inspector, health inspector, police chief and common council. (c) Outdoor alcohol consumption license. No licensee authorized under this section shall permit the sale, service, or consumption of alcohol on any unenclosed part of the licensed premises or adjacent premises owned or leased by the licensee except when granted an outdoor alcohol consumption license by the common council. The license is a privilege in which no rights vest and therefore, may be revoked for violations of any provisions. (1) Application. An application shall be made in writing on the form prescribed by the city clerk and must include a site plan drawn to scale and dimensions showing the location of fixtures, entrances/exits and furniture; and shall accurately describe the outdoor area and the nature of fencing or other measures intended to provide control over the operation of the outdoor seating area. The area in which the outdoor alcohol license is to be granted must be clearly delineated from the adjacent non-licensed property by the installation of a fence, railing, wall, or by an obvious change in the surface such as paving stones or concrete slab. (All applicable building/fire codes apply.) (2) Approval. a. All initial applications must be approved by the common council, after recommendation for approval by the following departments: police and fire, and the license and fees committee. Renewals will be approved by the common council with other applicable alcohol renewal applications. b. In making their determination on whether or not to recommend approval of an outdoor alcohol consumption license, the license and fees committee shall, on a case-by-case basis, take into consideration public safety; size of the outdoor area; location with respect to adjacent residential uses and neighborhood conditions; noise; parking; hours of 1/2 7/7/22, 5:43 PM Superior, WI Code of Ordinances [20220711 Licenses & Fees 8] operation; harmful, offensive or otherwise adverse impact to the surrounding neighborhood; and security and monitoring of alcohol consumption when recommending the license be granted as requested, modified for denied. (3) Control over area. A licensed operator shall have control over the outdoor seating area at all times the outdoor seating area is in operation and the area shall be capable of being constantly observable by serving or security personnel. (4) Amplified sound. Amplified sound, such as music, is permitted but may not be audible outside of the outdoor seating area unless a one day outdoor cabaret license has been applied for and approved by council. Outdoor music is limited to the following hours: Sunday —Thursday 12:00 p.m.—10:00 p.m.; and Friday and Saturday 12:00 p.m.—12:00 a.m. (5) Improved surface. The outdoor area must be suitable for pedestrian traffic. The appearance, lighting, signage, visual barriers must be reasonably compatible with the surrounding area. (6) Fee. There shall be an initial application fee of $100.00; and no renewal fee if there are no changes to the outdoor area. (7) Time of operation. The outdoor seating area may only be open during regular business hours. No one may be in the outdoor seating area beyond those hours unless they are employees of the licensed premise and are actually involved in the process of clean-up, maintenance or repair. The shift commander of the police department has the authority to order any outdoor seating area to be closed down at any time the shift commander believes it is in violation of this ordinance. (8) State statutes enforced within outdoor seating area. Every licensee under this section shall comply with and enforce all provisions of Wis. Stats. ch. 125, applicable to Class "B" licensed premises, except insofar as such provisions are clearly inapplicable. Violation of the provisions of Wis. Stats. ch. 125, shall be grounds for immediate revocation of the outdoor alcohol beverage license by the common council. (Code 1971, § 5-11; Ord. No. O09-3705, § 1, 10-6-2009; Ord. No. O14-3887, § 1, 8-5-2014) 2/2 7/7/22, 5:42 PM Superior, WI Code of Ordinances [20220711 Licenses & Fees 9] Sec. 14-165. - Required. No dancing, whether private or public, or exhibitions or entertainment of whatever nature, commonly classed under the term "cabaret," "nightclub" or "floor show" performance shall be permitted on any premises licensed under this chapter unless a cabaret license has been also issued for such premises. A one-day license or a one-day outdoor license may be issued for a license fee of $50.00. Outdoor music is limited to the following hours: Sunday—Thursday from 12:00 p.m.—10:00 p.m.; and Friday and Saturday 12:00 p.m.—12:00 a.m. (Code 1971, § 5-33; Ord. No. O06-3586, § 1, 5-16-2006; Ord. No. O14-3888, § 1, 8-5-2014) Sec. 14-166. - Scope. A cabaret license when issued by the city shall entitle the holder thereof to give, permit, produce, present, conduct and offer entertainment or exhibitions consisting of music, dancing, singing, floor shows and cabaret performances only upon the licensed premises. (Code 1971, § 5-34) Sec. 14-167. - Qualifications. A cabaret license may be issued to any premises which has a designated area of 100 square feet or more for use as a stage or dance floor. Prior to the issuance of a cabaret license, such area must be approved by the building inspector and fire inspector. Music, dancing, singing, floor shows and cabaret performances shall be performed or occur only on the dance floor or separated stage. (Code 1971, § 5-35) Sec. 14-168. - Suspension or revocation of license; grounds; procedures. A cabaret license may be suspended or revoked by the common council for violation of any of the rules, regulations or laws governing or applying to cabaret premises or premises licensed to sell alcohol beverages as a tavern. The procedures set forth in Wis. Stats. § 125.12(2) and (3) shall apply in any revocation, suspension, or nonrenewal of a cabaret license. (Code 1971, § 5-37) Sec. 14-169. - Exemptions. A cabaret license issued under this chapter is not required under the following circumstances and conditions: (1) Musical entertainment, provided by non-profit organizations, at events for a period of not 1/2 7/7/22, 5:42 PM Superior, WI Code of Ordinances [20220711 Licenses & Fees 10] more than seven days, such as events being held at city's parks. (2) Those entities that meeting the qualifications to hold a temporary beer and/or wine license under Wis. Stats. ch. 125. (Ord. No. O06-3586, § 2, 5-16-2006) Secs. 14-170—14-189. - Reserved. 2/2  [20220711 Licenses & Fees 11] Sec. 14-58. – Premises, (c) Outdoor alcohol consumption license: (4) Amplified sound. Amplified sound, such as music, is permitted but may not be audible outside of the outdoor seating area unless a one day outdoor cabaret license has been obtained. Outdoor music is limited to the following hours: Sunday‐Thursday from 12:00 p.m.— 10:00 p.m., and Friday‐Saturday from 12:00 p.m.—12:00 a.m. Sec. 14-165. - Required. No dancing, whether private or public, or exhibitions or entertainment of whatever nature, commonly classed under the term "cabaret," "nightclub" or "floor show" performance shall be permitted on any premises licensed under this chapter unless a cabaret license has been also issued for such premises. Sec. 14-170. - One-Day Cabaret Licenses. A one‐day cabaret license application should be submitted at least 15 days prior to event date, to allow for council approval. If an applicant can provide proof of unavoidable time constraints, a one‐day cabaret license may be issued at the discretion of the City Clerk’s Office (in collaboration with the Police and Fire Departments). The application fee for a one‐day cabaret license or a one‐day outdoor cabaret license is $50. Outdoor music is limited to the following hours: Sunday‐Thursday from 12:00 p.m.—10:00 p.m., and Friday‐Saturday from 12:00 p.m.—12:00 a.m. Sec. 14-171—l4-189. - Required.