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

20230619 L&F Cmt 1 AGENDA LICENSES AND FEES COMMITTEE MONDAY, June 19, 2023 – 3:30 p.m. Government Center Room 217 Video Call Link Meeting ID: Meeting ID: 261 733 850 074 Passcode: WELJvJ Dial In Option: 1 (872)242-8028 Phone Conference ID: 925 085 122# MEMBERS: Brent Fennessey (Chair), Mike Herrick (Vice Chair), Jack Sweeney, & Lindsey Graskey (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 May 8, 2023) 3 OLD BUSINESS 4 NEW BUSINESS 4.1 Presentation: Introduction to CBD/THC with Craig Sutherland. 4.2 Review Code Update to Include Definition of Short Term Rental to Article II Hotels, Motels and Rooming Houses and Article III Hotel-Motel Tax. 4.3 Re-establish scheduled review of business licenses. 4.4 Review Building Inspection recommendations to amend and update ordinance language of Chapter 1, General Provisions, Sec. 1-14, Citation and Deposit for Violation of Certain Provisions. 4.5 City Clerk Blunt is recommending the approval of Sidewalk Café and Outdoor Alcohol Consumption License applications for Wine Beginnings located at 1413 Tower Avenue, for the 2023-2024 license period, expiring June 30, 2024. 4.6 City Clerk Blunt is recommending approval of Outdoor Alcohol Consumption renewal licenses. 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. Page 1 of 2  20230619 L&F Cmt 2 ********************************************************************************************************************* ********************************* 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 06/16/2023 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. Licenses & Fees Committee Meeting, 5/08/2023 Page 2 of 2  20230619 L&F Cmt 3 LICENSES & FEES COMMITTEE MEETING Minutes May 8, 2023 Regular Meeting The meeting was called to order by Chair Fennessey at 3:30 p.m. on May 8, 2023 in Government Center Room 217. 1 ROLL CALL MEMBERS PRESENT: Brent Fennessey (Chair), Mike Herrick (Vice Chair), Jack Sweeney Lindsey Graskey (Alternate) MEMBERS ABSENT: N/A CITY STAFF PRESENT: Acting City Clerk Heidi Blunt, Paralegal Starr Bowers, City Attorney Frog Prell, Finance Director Nick Rhinehart, Chief of Staff Becky Scherf, Fire Chief Camron Vollbrecht OTHERS PRESENT: Councilor Jenny Van Sickle (via teleconference), Shelley Nelson, Bruce Barron, Steven Potter, Steven Poole, and Taylor Silker (via teleconference) 1.1 Election of Chair MOTION by Councilor Sweeney, seconded by Chair Fennessey and carried unanimously, to elect Councilor Fennessey as Chair. 1.2 Election of Vice-Chair MOTION by Chair Fennessey, seconded by Councilor Sweeney and carried unanimously, to elect Councilor Herrick as Vice Chair. 2 APPROVAL OF MINUTES 2.1 Golf Course Committee (Meeting held January 24, 2022) MOTION to approve by Vice Chair Herrick, was seconded by Councilor Sweeney and carried. 3 OLD BUSINESS There was no objection to Chair Fennessey’s request to consider Items 3.1 and 4.1 simultaneously: 3.1 Review of City Code Pertaining to lodging and corresponding tax collection in Article II, HOTELS, MOTELS AND ROOMING HOUSES. 4.1__Repeal of Short-Term Rental (STR) Ordinance and License Application Chair Fennessey opened the discussion with a review of the initial main reasons the Committee was lead to develop the Short-Term Rental Ordinance and License Application including the interests of assisting the Finance team with obtaining tax reporting information and ensuring safe conditions for consumers using these rental properties. Chair Fennessey then opened the floor to the public. Citizen Bruce Barron noted his appreciation of conversations with the City regarding this ordinance and stated it has been clear to him as well as other business owners that the City did LICENSING & FEESS COMMITTEE – 05/08/2023 MEETING Page 1 of 3  20230619 L&F Cmt 4 not have the legal authority by way of Wisconsin statute 66.0615 to enact portions of this ordinance. Mr. Barron advised that the marketplaces, such as AirBnB, are the entities that coordinate the collection of taxes as mandated through the state law. Because of this, he believes this ordinance is not congruent with state law. Mr. Barron encouraged the committee to rectify this issue and comply with state law by repealing the ordinance for Short-Term Rental properties. City Attorney Frog Prell was recognized next due to a time constraint. Mr. Prell advised he has met several times with both Finance Director Rhinehart and Planning, Economic Development & Port Director Serck to understand the need for wanting this license. At this time Mr. Prell agreed that the City has no need to license Short-Term Rental if tax tracking is the primary goal of the ordinance. He recommended the Committee rescind the ordinance that created the license. Citizen Steven Poole added that the Marketplaces business owners are largely using to book their rentals have settings that would require providing a City or County-level license number should one be required in that area. This could potentially close the loop-hole to understanding the scope of exactly who is operating a Short-Term Rental business. Bruce Barron responded to a question from Councilor Jenny Van Sickle if he and Mr. Poole were representing a group or organization. Mr. Barron stated they are a part of the Superior- Douglas County Hospitality Group, which is a not a formalized organization, and is an email distribution group of about 130 hospitality business owners and operators in Douglas County. Chair Fennessey advised he met with the mayor the week prior to the meeting and advised Mayor Paine fully supports repealing this ordinance as redundant or not needed at this time. He reviewed the areas of Articles II, III, and XII where Short-Term Rental has been added to our ordinance and offered a plan for how to best repeal the ordinance while still retaining the definitions of Article XII within City code. He also proposed a review of the following Exception verbiage that could be added to Section 74-63, Report and payment (handout attached) that states: “Exception: Persons, firms or corporations engaged in such business exclusively through one or more marketplace provider shall be exempt from the reporting requirement.” Councilor Van Sickle (via teleconference) added that the City’s interest in having a Short-Term Rental License had also initially included concerns that these rentals can encroach and impede upon the affordability of the housing market for residents. She mentioned that some of that conversation seems to have been lost along the way. Councilor Van Sickle advised she has also heard from constituents in her district that have concerns and complaints related to short-term rental properties. MOTION by Chair Fennessey to amend Article XII to strike all sections and language to remove the license requirement for short-term rentals, and move the definition of Short Term Rental to Articles II and III, was seconded by Councilor Herrick and failed receiving no affirmative voice votes. Councilor Sweeney suggested that the amendments to Articles II and III to add definitions of short-term rentals should be moved to New Business of the next Committee meeting. MOTION by Chair Fennessey to amend Article XII to strike all sections and language to remove the license requirement for short-term rentals, was seconded by Councilor Sweeney and carried. LICENSING & FEESS COMMITTEE – 05/08/2023 MEETING Page 2 of 3  20230619 L&F Cmt 5 3.2 REFERRAL FROM COMMON COUNCIL: Approval of an original Class “A” Beer and “Class A” Liquor (Cider Only) alcohol license application for Apple House LLC, dba Sutherland CBD, located at 5701 Tower Avenue (Agent: Craig Sutherland) for a period beginning on November 1, 2022 and ending on June 30, 2023. Chair Fennessey shared that he has received and forwarded to the Clerk a communication from Mr. Sutherland who requested to withdraw this application for consideration. MOTION by Chair Fennessey to receive and file, was seconded by Sweeney, and carried. 3.3 Review examples of Massage Therapy Business ordinances for consideration. Acting City Clerk Blunt shared that the prospective business owner who was interested in having the City look at alternative options for traveling massage therapy business for this ordinance has moved to Minnesota. Blunt will update the committee if further inquiries of this type of business model comes to her attention. MOTION by Chair Fennessey to receive and file, was seconded by Sweeney, and carried. 4 NEW BUSINESS 4.2 Propose Future Meeting Topics Councilor Fennessey and Councilor Sweeney would like next meeting to include the proposal amendments to Articles II and III to include the definition of Short-Term Rentals from repealed Article XII. The committee expressed an interest in learning more about the growth of the CBD industry. Another interest by several committee members was catching up on the previous schedule for a review of the list of business licenses that was started in 2022. Paralegal Starr Bowers mentioned the Building Inspection department may have recommendations for updating several outdated areas of licensing ordinance language. She will work to find this and bring it to be placed on the agenda. 5 ADJOURNMENT Meeting was adjourned at 4:55 p.m. Respectfully submitted by Heidi Blunt LICENSING & FEESS COMMITTEE – 05/08/2023 MEETING Page 3 of 3  20230619 L&F Cmt 6 ARTICLE II. - HOTELS, MOTELS AND ROOMING HOUSES Sec. 74-27. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Hotel shall mean all buildings where ten or more persons, other than members of the family, are given lodging or rooms for consideration. Motel shall mean a series of attached, semidetached or detached dwelling units containing bedroom, bathroom and closet space, and where each unit has convenient access to a parking space for the use of the unit's occupants. Rooming house shall mean all buildings where four or more persons, other than members of the same family, are given lodging or rooms for consideration. Short‐term rental means a residential dwelling that is rented for a fee for fewer than 30 consecutive days, as defined in Wis. Stats. § 66.0615(1)(dk). Unit shall mean a room or rooms with separate entrances offered for private sleeping or living quarters to tourists or transients.  20230619 L&F Cmt 7 ARTICLE III. - HOTEL-MOTEL ROOM TAX Sec. 74-61. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Hotel or motel means a building or group of buildings in which the public may obtain accommodations for a consideration, including, without limitation, such establishments as inns, motels, tourist homes, tourist houses or courts, lodging houses, rooming houses, and cabins, and any other building or group of buildings in which accommodations are available to the public except accommodations furnished by any hospitals, sanatoriums, or nursing homes, or by corporations or associations, organized and operated exclusively for religious or educational purposes provided that no part of the net earnings of such corporation and associations inures to the benefit of any private shareholder or individual. Transient means any person residing for a continuous period of less than one month in a hotel, motel or other furnished accommodations available to the public. Short‐term rental means a residential dwelling that is rented for a fee for fewer than 30 consecutive days, as defined in Wis. Stats. § 66.0615(1)(dk). 20230619 L&F Cmt 8 20230619 L&F Cmt 9 20230619 L&F Cmt 10 20230619 L&F Cmt 11 20230619 L&F Cmt 12 20230619 L&F Cmt 13 20230619 L&F Cmt 14 20230619 L&F Cmt 15 20230619 L&F Cmt 16 20230619 L&F Cmt 17 20230619 L&F Cmt 18 20230619 L&F Cmt 19 20230619 L&F Cmt 20 20230619 L&F Cmt 21 20230619 L&F Cmt 22  20230619 L&F Cmt 23 2023-2024 Outdoor Alcohol Consumption License Renewals Trade Name Location Corporation Name Corp Address Corp City/ST/Zip Aces On 29th 2827 Oakes Avenue RamCorp, Inc 2827 Oakes Avenue Superior, WI 54880 Anchor Bar 413 Tower Avenue Anchor Bar Limited, LLC 413 Tower Avenue Superior, WI 54880 Average Joe's 1310 N 5th Street Musl Incorporated 1310 N 5th Street Superior, WI 54880 Barker's Island Inn & Conference Center 300 Marina Dr Barkers License Inc. 525 Lake Ave S, Ste 100 Duluth, MN 55802 Belknap Lounge & Liquor 130 Belknap Street Dominics, Inc. 130 Belknap Street Superior, WI 54880 Birds Bar 5801 Tower Avenue JKCG Enterprises LLC 5801 Tower Ave Superior, WI 54880 Bucktales / Shorty's 1015 Tower Ave. DMB Morales LLC 1015 Tower Ave. Superior, WI 54880 Choo Choo Bar & Grill 5002 E. 3rd St. KMFM LLC 5002 E. 2nd St. Superior, WI 54880 Dodgies East End Tavern 2114 E 5th Street Dodgies East End Tavern, LLC 2114 E 5th Street Superior, WI 54880 Flame Nightclub 1612 Tower Avenue Flame Nightclub, Inc. (The) 1612 Tower Avenue Superior, WI 54880 Head of the Lakes Management Gondik Law Speedway 4700 Tower Avenue 4700 Tower Avenue Superior, WI 54880 Group, LLC Hudy's Bar 2126 E 5th Street Hudy's Bar, LLC 2126 E 5th Street Superior, WI 54880 Jack's Place 1923 Tower Avenue Keg Reg, LLC 1923 Tower Avenue Superior, WI 54880 Keyport Liquor Outlet & Lounge 1900 Belknap Street Keyport Of Superior, Inc. 1900 Belknap Street Superior, WI 54880 Nemadji Golf Course 5 N 58th Street Kemper Sports Mngmt, LLC 5 N 58th Street Superior, WI 54880 President's Tavern Inc 3824 E 2nd Street President's Bar & Liquor 3824 E 2nd Street Superior, WI 54880 Schultz's Sports Bar 1307 N. 5th Street Shultz's Sports Bar Inc. 1307 N. 5th Street Superior, WI 54880 Shack, The 3301 Belknap Street Shack, Inc. 3301 Belknap Street Superior, WI 54880 Spirit Room 1323 Broadway Street Jeffrey W. Heller 11368 S 5th St E Solon Springs, WI 54873 Striker's Bar LLC 1906 Broadway Street Strikers Bar LLC 1906 Broadway Street Superior, WI 54880 Superior Tavern 1224 Tower Avenue Superior Tavern Inc. 1224 Tower Avenue Superior, WI 54880 Thirsty Pagan Brewery 1615 Winter Street Lakewalk Brewery & Café CC 1615 Winter Street Superior, WI 54880 Tipsy Beaver 3823 E. 2nd St. Taf & Tol LLC 1113 Farm Street Superior, WI 54880 TJ Champions Lounge 715 Belknap Street Steffan, Timothy Joseph 1517 Washington Ave Superior, WI 54880 Tower Avenue Tavern 405 Tower Avenue Tower Avenue Tavern, Inc. 405 Tower Avenue Superior, WI 54880 Vintage Italian Pizza 1201 Tower Ave. Samabelle WI Corp. 1201 Tower Avenue Superior, WI 54880 Whiskey's 318 Tower Avenue Whiskys Last Resort LLC 318 Tower Avenue Superior, WI 54880 Wide World of Wings 5729 Tower Avenue Buhr & Buhr 5729 Tower Ave Superior, WI 54880  20230619 L&F Cmt 24 Kimberly D. Moen and Donna L. Wine Beginnings 1413 Tower Ave. 1413 Tower Ave Superior, WI 54880 Lorenz Wissota Chophouse 1102 Tower Avenue Superior Hotel Group, LLC 980 American Dr Neenah, WI 54956