Public Safety & Welfare Committee

City of Verona PUBLIC SAFETY AND WELFARE COMMITTEE Monday, May 13, 2024 AT 6:00PM Council Chambers VERONA CITY CENTER 111 LINCOLN STREET, VERONA, WI 53593 AGENDA 1. Call to order 2. Roll Call 3. Public Comments 4. Approval of Minutes from the April 22, 2024 Public Safety and Welfare Committee Meeting 5. Discussion and Possible Action Re: A Class “B” Beer License for Taqueria Los Atlantes, LLC d/b/a Taqueria Los Atlantes, located at 300 S. Main St., Unit 103, Jonathan Falcon, Agent 6. Discussion and Possible Action Re: A change of agent request from Madison, Epicureans, LLC d/b/a Pasqual’s Cantina, located at 100 Cross Country Rd. 7. Discussion and Possible Action Re: A Special Event Permit Application and Temporary Class “B” Fermented Malt Beverage License from Fran Kelley, Wisconsin Ultimate Frisbee Association, for the USA Ultimate D1 College Nationals, on May 24-26 8. Discussion and Possible Action Re: A Special Event Permit Application from Annemarie Miller, The Sow’s Ear, for Knit in Public Day on Saturday, June 8th. 9. Discussion and Possible Action Re: A Special Event Permit Application from J. Garrett Wilson, Race Day Events, for the Wisconsin Triterium Triathlon on Saturday, June 22nd 10. Discussion and Possible Action Re: Ordinance No. 24-1053 Creating Title 7, Chapter 14 of the Code of Ordinances, Sidewalk Café Permits 11. Adjournment Phil Hoechst, Chairperson POSTED: Verona City Hall Miller & Sons Market Verona Public Library City Web Page at: www.ci.verona.wi.us Notice is hereby given that a quorum of the members of the City Council or other standing committees of the City Council may be present at the meeting of the Public Safety and Welfare Committee to gather information about a subject over which they have decision-making responsibility. The City Council and any other standing committees will not take formal action at this meeting. IF YOU NEED AN INTERPRETER, MATERIALS IN ALTERNATIVE FORMATS OR OTHER ACCOMODATION TO ACCESS THE MEETING, PLEASE CONTACT THE CITY CLERK AT 608-845-6495 AT LEAST 48 HOURS PRECEDING THE MEETING. EVERY REASONABLE EFFORT WILL BE MADE TO ACCOMMODATE YOUR REQUEST.  CITY OF VERONA PUBLIC SAFETY COMMITTEE MINUTES April 22, 2024 1. Call to order: Hoechst called the meeting to order at 6:32 p.m. 2. Roll Call: Phil Hoechst and Spencer Harrison were present. Rye Kimmett arrived at 6:37 p.m. Also present: City Clerk Holly Licht and Sergeant Matt Lovell. 3. Public Comments: None 4. Approval of Minutes from the March 25, 2024 Public Safety and Welfare Committee meeting Motion by Hoechst, seconded by Harrison to approve the minutes from the March 25, 2024 Public Safety and Welfare committee meeting. Motion carried 2-0. 5. Discussion and Possible Action Re: A special event permit application from Lauren Birkel, Glacier Edge Elementary PTO, for the Glacier Edge Color Run on Wednesday, May 15 Motion by Hoechst, seconded by Harrison to approve a special event permit application from Lauren Birkel, Glacier Edge Elementary PTO, for the Glacier Edge Color Run on Wednesday, May 15. Motion carried 2-0. 6. Discussion and Possible Action Re: A special event permit application from Christine Benedict, Girls on the Run of South-Central Wisconsin, for the Girls on the Run Spring 5k on Saturday, June 1 Motion by Hoechst, seconded by Harrison to approve a special event permit application from Christine Benedict, Girls on the Run of South-Central Wisconsin, for the Girls on the Run Spring 5k on Saturday, June 1. Motion carried 2-0. 7. Discussion and Possible Action Re: A Special Event Permit application and Temporary Class “B” Fermented Malt Beverage and “Class B” Wine license from Le Jordan, Verona Area Chamber of Commerce, for Hometown Days on Friday, May 31- Sunday, June 2 Motion by Hoechst, seconded by Harrison to recommend that the Common Council approve a Special Event Permit application and Temporary Class “B” Fermented Malt Beverage and “Class B” Wine license from Le Jordan, Verona Area Chamber of Commerce, for Hometown Days on Friday, May 31-Sunday, June 2. Lovell noted that  from 12-5 on Saturday and Sunday people would be able to walk around the entire festival grounds with beer. After 5 p.m., alcohol needs to be contained in the beer tent. The standard parade route will be used again this year. Motion carried 3-0. 8. Adjournment: Motion by Kimmett, seconded by Hoechst to adjourn at 6:47 p.m. Motion carried 3-0. Respectfully submitted, Holly Licht, City Clerk  Date: ________________ CITY OF VERONA CR#: ___ Account #: 100-44910 APPLICATION FOR A SPECIAL EVENT/NEIGHBORHOOD EVENT PERMIT For Parades, Runs, Walks, Bicycle Events, Triathlons, Festivals, Neighborhood Events, etc. *All required application materials must be submitted at least 45 days prior to the event. Failure to meet this requirement may result in the denial of the application pursuant to Section 7‐7‐1(h) of the City of Verona Code of Ordinances* Application Fee: $150.00 + any additional fees Non-Profit Organization: $50.00 + any additional fees REQUIRED INFORMATION Please include the following information/materials regarding the event with your application:  A copy of the applicant’s Driver’s License  Route map and description and/or map of event layout --------------------------------------  Certificate of Insurance – at least 30 days prior to event APPLICANT INFORMATION Name: Fran P Kelley Phone: 608-332-3232 First M.I. Last Address: 155 N 85th Street, Wauwatosa WI, 53226 Driver License #: K400-2558-5089-07 DOB: 03/09/1985 Email: wisconsinultimate@gmail.com AGENCY/ORGANIZATION INFORMATION Name: Madison Ultimate Frisbee Association Phone: Address: Shore Acres Rd Monona, WI 53716 If this is a non-profit organization, please provide your EIN number for verification: EVENT INFORMATION USA Ultimate D1 College Nationals Ultimate Frisbee Tournament Name of Event: Type of event Event date(s): 5/24/24-5/26/24 Event time(s): 8 am to 8 pm Set up Start Time: 6 am Tear Down End Time: 10 pm (Application Continues on Reverse) Last updated Date:________________ Initials:_______________  Informational Questions No Yes Notes Was a Special Event Permit previously approved in times 1 past for this event? 2 Will there be outdoor amplified sound? ✔ Additional application required. Will alcohol be sold, served or consumed? Additional licenses may be 3 ✔ required. 4 Are you requesting any City streets to be closed to traffic? ✔ See Below* Will your event use County, State or US Highways? If yes, please provide a map clearly marking the highways that will be 5 ✔ used. Additional permission from the County is required. Will park, conservancy land, or trails be used? If so, have Contact Parks Department: you reserved a park, pavilion, or any other city facilities for 845-6695 the event? If using park facilities, the 6 ✔ application will not go before the Public Safety Committee without Parks Department approval. Will items or services be sold or given away at this event? If yes, please attach a list of types 7 ✔ of items or services. Does this event involve a plan for tents, stages, inflatable Include on event layout map. 8 ✔ bounce houses or temporary structures? Does your event include the use of fireworks, rockets, Must receive written approval from 9 lasers, other pyrotechnics, or open flame? ✔ Fire Chief or his designee. 608-845- 9401 10 Do you plan to provide portable toilets at your event? ✔ Will your event have dedicated coverage by an Emergency 11 Medical Provider? ✔ Is this a race or timed event where participants need the If traffic control is desired, a police 12 ✔ right of way on City streets? officer is required, per WI Law. Will there be a clear path of travel (min. 18’ wide) for 13 emergency vehicles throughout your event? ✔ Does your event include running or biking that will need a Posting of No Parking signs by PD 14 dedicated lane of travel on City streets? ✔ will be needed and billed to event. *If you answered YES to street closures, please attach a map/diagram of the portion(s) of street you wish to have closed for your event. Please include street names and as much information as possible. If you are NOT intending to close any City Streets, or request the right of way, but intend to use City Streets, you will share the street with vehicular traffic and agree to abide by all traffic laws. Failure to comply with traffic laws will result in the immediate termination of all event activities. *Applicant Initial Here:FK  EVENT CONTACTS PLEASE LIST NAMES, LOCATIONS AND CELL PHONE NUMBERS OF ON‐SITE EVENT CONTACT PERSONS NAME DOB LOCATION AT EVENT TIME ON‐SITE CELL PHONE as shown on ID (Ex: Race Start, Supply (Ex: 10 a.m. to Tent etc.) 2 p.m.) Fran Kelley 03/09/1985 HQ 6 am to 10 pm 608-332-3232 APPLICATION PROCEDURES 1. Application and all required materials shall be submitted to the City Clerk a minimum of 45 days prior to the event. (Section 7‐7‐1(h) of the City of Verona Code of Ordinances) 2. Upon verification of the application the City Clerk shall submit the application to the Police Chief for further review. 3. The applicant will be contacted by the Police Department Staff to review event route and the need for on‐ site police officers or City staff at the event. 4. The applicant is subject to a background check. 5. All police traffic control/city staff time incurred shall be billed to the applicant upon the completion of the event. 6. The applicant may be required to attend a Public Safety and Welfare Committee meeting and/or a Common Council meeting at which the event application will be reviewed for approval. 7. Once the application is approved by the appropriate official(s) the permit will be issued. APPLICANT SIGNATURE PLEASE READ CAREFULLY BEFORE SIGNING I understand the application and event requirements and agree to adhere to all applicable federal, state, and municipal laws in addition to the requirements on the application. I agree to pay any invoices received from the City of Verona for staff time at the event within 30 days of the invoice date. I understand that failure to adhere to any application requirements or any federal, state or municipal laws involving the event will result in the denial of the application or immediate termination of the event. The violation of federal, state or municipal laws will be subject to applicable fines and penalties. 4/9/24 Applicant Signature Date Once application is approved, the permit will be issued to applicant via email. A copy of the permit must be available at event for conformation.  Date:________ CITY OF VERONA CR#:______ Account II: 100-44910 APPLICATION FOR A SPEQAL EVENT/NEIGHBORHOOD EVENT PERMIT For Parades, Runs. Walks. 8icyde Events, Triathlons. Festivals. Neighborhood Events., etc. •Al required appliamon motenols mustbesubmitml otlmstGda1ISpriorID the nent. FoilurelD,,,,_this reqw,ementm,zy result in the dsuol ofthe application pu,suantto Section 7-7-l(hJ a/the City ofVerona Cari? of� Application Fee: $150.00 + any additional fees Non-Profit Omnization: $50.00 + any additional fees REQUIRED INFORMATION Please include the following information/materials regarding the event with yo..- application: C A COPV of the applicant's Driver'sUcense C Route map and desaiption and/or map of event layout C Certificate of Insurance -at least 30 days prior to event APPUCANT INFORMATION Name: A11 >V rf\�f'I>< MJ. Last Address: L(SO� A:s:Jec... '\Q_ C- ��\e-\r..¼, w:C 53-:J-\ l 24 Driver license#: /\Allk D- DI oi- lf <ll-\ - Q \ l. DOB: \0/ \ \ If q i I L Email: A� i\A ; l \,, r@. � • .\- .t1t1 J s. -p. < CW\ AGENCY/ORGANIZATION INFORMATION Name: 1h.t. Sow� C4-r Address: Ii S- 5. �If\ V�A-. If this is a non-profit organization, please provide your EIN number for verification: ________ EVENT INFORMATION NameofEvent k 11 if 1V'I flvbl,L (J,,y Type of event krt "'""Y'a I <):.y__,. d I Eventdate(s): }Uf',L i¼ �l)�-;l_'-\ ______ Eventtime{s): /QCA"' - 3 fW\ Set up Start Time:;____$ ___ ......I"\_.________ Tear Down End Time: CptY" (Application Continues on Reverse) last updated Date:�---- lnitials:_____  ORDINANCE NO. 24-1053 AN ORDINANCE CREATING TITLE 7, CHAPTER 14, SIDEWALK CAFÉ PERMITS, FOR THE CODE OF ORDINANCES OF THE CITY OF VERONA The Common Council of the City of Verona, Dane County, Wisconsin, does ordain that Title 7, Chapter 14 of the Code or Ordinances of the City of Verona is created to read as follows: Chapter 14 Sidewalk Café Permits Sec. 7-14-1 Purpose. To enliven downtown and other areas of the city and provide opportunities for social and economic activities, the Common Council finds and determines: (a) That there exists the need for outdoor dining facilities in certain areas of the city to provide a unique environment for relaxation, social interaction, and food consumption. (b) That sidewalk cafés will permit enhanced use of the available public rights-of- way, will complement business operations operating from fixed premises, and will promote economic activity in the area. (c) That the existence of sidewalk cafés encourages additional pedestrian traffic but may impede the free and safe flow of pedestrians such that a need exists for regulations and standards to ensure safety. (d) That the establishment of permit conditions and safety standards for sidewalk cafés is necessary to protect and promote public health, safety and welfare. Sec. 7-14-2 Definitions. The following definitions shall be applicable in this Chapter: (a) Alcoholic Beverages. Fermented malt beverages and intoxicating liquors as defined in Wis. Stat. Sec. 125.02 (1), (6), and (8) or any other successor to that statute. (b) Sidewalk Café. An expansion of a restaurant, bistro, coffee shop or other establishment offering beverages or food that provides seating for more than 3 people in the form of a group of tables, chairs, benches, trash containers and suitable decorative devices maintained upon any part of the sidewalk for use on part of the public property that immediately adjoins the licensed premises for the purpose of consuming food or beverages of the patrons of the establishment. Sec. 7-14-3 Location.  (a) No permit will be issued for a sidewalk café located in a nonresidential district if any part of the sidewalk café is within fifty (50) feet of a structure used for residential purposes and located on a residentially zoned parcel except residential uses located in the same structure as the licensed premises or a residence which is owned by the same person who owns the licensed premises. (b) Placement of the café is subject to review by the Public Safety and Welfare Committee. (c) The permit holder may place additional tables on the public sidewalk or private property immediately adjacent to the permit holder’s place of business provided that: i. The additional sidewalk proposed to be used is in front of another commercial use that does not qualify to obtain a café permit, and not a residential or institutional use; and ii. When the sidewalk café is to be located upon frontage of private contiguous property, the permit holder has provided to the City the written consent of the business occupant, or owner if there is no business occupant, of the private contiguous property in front of which the additional tables will be placed; and iii. Upon receipt of notice from the business occupant, or owner if there is no occupant, of the property in front of which the sidewalk café will be located that the occupant has revoked the consent required in this subsection the permit holder shall promptly vacate the public sidewalk not along its own frontage. Sec. 7-14-4 Application. Application for a permit to operate a sidewalk café shall be submitted to the City Clerk annually by May 1st and must include the following: (a) A site sketch accurately depicting the dimensions of the existing sidewalk area or other public property and adjacent private property for the proposed location of the sidewalk café including the layout of any furnishings; and (b) The size and number of tables, chairs, steps, planters, location of doorways, trees, signposts, hydrants, sidewalk benches, trash receptacles, heaters, traffic signal poles, light poles, and any other obstructions, either existing or proposed. (c) If the applicant intends to sell or serve alcoholic beverages to patrons of the sidewalk café, the applicant must obtain the appropriate alcohol beverage license describing and including the outdoor area where alcoholic beverages will be sold, served, or consumed. (d) The permittee is responsible for complying with the approved sidewalk café plan as submitted in the initial permit application. Sec. 7-14-5 Granting of License. (a) No permit shall be granted to any premises for which taxes, assessments, forfeiture, or other financial claims of the City are delinquent and unpaid.  (b) Opportunity shall be given by the governing body to any person to be heard for or against the granting of the permit. Upon the approval of the applicant by the Common Council, the City Clerk shall issue the permit, upon receipt of payment. (c) If the Common Council denies the license, the applicant shall be notified in writing of the reasons for the denial. The notice shall also inform the applicant of the opportunity to appear before the Common Council to appeal the decision. Sec. 7-14-6 Appeals. Any person denied a sidewalk café permit may appeal the denial. An appeal may be made in writing to the City Clerk, who will forward the request to the Common Council. The Common Council will convene within 30 days of the appeal being filed with the Clerk to hear from the Chief of Police and the affected business. After deliberation, the City Council will act on the appeal. A written copy of the decision will be provided to the affected business. Sec. 7-14-7 Permit and Fees. (1) The permit shall be applied for annually. The permit year shall start on July 1 st of each year and end on June 30th of each year. (2) The fees for this license shall be per the City fee schedule, Title 3, Chapter 6. (3) Ther permit issued hereunder is not transferable by the owner to any other business or any subsequent owner of the business. Sec. 7-14-8 Days and Hours of Operation. Sidewalk cafes can be operated from March 15 to November 15, with hours of operation from 11:00 A.M. to 10:00 P.M. daily. Operation of a sidewalk café outside of those days and hours is prohibited. Sec. 7-14-9 Suspension or Revocation of Permit. The City Clerk or Chief of Police, upon obtaining reasonable information that any permittee has violated any provision of this Section, or any state or federal law may immediately suspend or revoke a permit granted under this Chapter pending a hearing by the Common Council. Section 7-14-10 Liability and Insurance. No person may obtain a sidewalk café permit unless the applicant procures commercial liability insurance. (a) The permittee must maintain insurance in the amount of $1,000,000 per occurrence and name the City of Verona as an additional insured showing how the coverage extends to area used for the sidewalk café. The permittee must provide the City with a certificate of insurance and must execute an indemnification agreement.  (b) As a condition of the permit, the permittee must indemnify and hold the City harmless from any claims arising from the use of the permit. Section 7-14-11 Standards and Conditions. (a) Sidewalk cafes must be protected by a three-sided fenced enclosure of 42 inches in height. Enclosure must be made of wood or metal and designed as a secure barrier between the café and adjacent street as determined by the Public Safety and Welfare Committee. Enclosure must be set back at least 2.0 feet from the back of the curb to allow for room for parallel parking and safety from vehicular traffic. (b) The permittee must maintain approximately a four-foot-wide unencumbered, open, and accessible portion of the sidewalk for pedestrian traffic safety at all times. The permittee must comply with all applicable requirements of the Americans with Disabilities Act, 42 USC 12101 to 12213, and all applicable Federal, State, and local laws. (c) The permittee will provide for the removal of garbage and be responsible for the cleanliness of the outdoor area. (d) The use of a portion of the public property as a sidewalk café is not an exclusive use and will not have any vested rights. All public improvements, including but not limited to, trees, light poles, traffic signals, manholes or any public initiated maintenance procedures will take precedence over said use at all times. (e) The Chief of Police, or their designees may temporarily order the termination of sidewalk cafes for the following reasons, but not limited to, special events, including but not limited to, construction, parades, sponsored runs or walks, or for any reason to maintain the health, safety, and welfare of the public. The permittee is responsible for removing any furniture, furnishings, and equipment upon termination, and if the permittee fails to do so, the City may remove the furniture and other items and store them, if necessary, at the permittee's expense. Section 7-14-12 Furnishings. All furniture, furnishings, and equipment must be of safe, sturdy construction and maintained in good repair. Any heaters or other equipment/furnishings must be portable and approved for outdoor use. All umbrellas must be anchored in such a way that a sudden burst of wind will not lift them out of their holders or blow them over. No public property, including, but not limited to, light poles, utility poles, flower planters, trees or other amenities, may be used as a point of attachment for anything, including, but not limited to, ropes, posters or signs. Section 7-14-13 Lighting. The permittee must keep the sidewalk café area sufficiently illuminated so as to prevent injury to persons using the same. Any lighting of the outdoor area must be shielded so as not to shine directly onto adjoining property or create a glare which is distracting to adjoining property or vehicles traveling in the public right-of-way. Section 7-14-14 Music/Noise.  Noise from any source that is emitted from the outdoor area must not exceed the standards stated in Section 11-2-7 of the City of Verona Code of Ordinances. Section 7-14-15 Serving of Alcoholic Beverages. The City of Verona allows permittees to serve alcoholic beverages in sidewalk cafes, provided the permittee complies with all requirements for obtaining an alcoholic beverage license and the sidewalk café is listed on the alcoholic beverage license application premises description. Alcohol may be served at a sidewalk café if: (a) The permittee has a valid and appropriate retail alcohol beverage license for the principal premises. (b) No alcoholic beverages may be served at any time if the establishment has not received Common Council approval for the amendment of the premises under its liquor license that includes the area of the public sidewalk where the sidewalk café is located. Further, the liquor license will be automatically conditioned at the time of the amending of premises to allow for the consumption of alcoholic beverages within the sidewalk café area only. Approval of the amendment of premise area (sidewalk café) does not grant any permittee or licensed premise any vested rights and such approval may be suspended or revoked or non- renewed without cause being shown. (c) The outdoor area used for consumption of food and alcoholic beverages must be visible from the interior of the establishment. (d) Alcoholic beverages must be sold and served by the permittee or permittee’s employees who have operator’s licenses and sold, served, and consumed by patrons seated at tables in the sidewalk café. (Reference Wisconsin Statutes sections 125.32(2) and 125.68(2). (e) The permittee will not allow patrons of the sidewalk café to bring alcohol beverages which were not purchased at the establishment into the sidewalk café, nor to carry open containers of alcohol beverages about in the sidewalk café area, nor to carry open containers of alcohol beverages served in the sidewalk café outside of the sidewalk café area. (f) The permittee must display signage indicating alcohol may only be consumed by patrons seated at tables in the sidewalk café. (g) Alcohol beverages must be dispensed inside the establishment. No food preparation or beverage dispensing equipment is permitted in the sidewalk café area except when permitted by a city issued special event permit. (h) Permittee is responsible for the acts of all employees, patrons, and agents of the business. A violation of any provision of this section, any City ordinance, or Wis. Stat. Ch. 125, by a patron, agent, or employee of the permittee, will constitute a violation by the permittee. (i) If any person violates this ordinance on three or more occasions in any twelve-month period, and such violations do not involve the same incident, the City may order the revocation of the sidewalk café permit and the permittee is liable for all court costs incurred in pursuing the order. Section 7-14-16 Penalties. Any person who violates any provisions of the Chapter shall be subject to a penalty as provided in Section 1-2-4 of the City of Verona Code of Ordinances. Additionally, failure to comply with any provisions of this Chapter may result in the withholding of approval on any subsequent permit applications for this or other permits required by the City. The foregoing ordinance was duly adopted by the Common Council of the City of Verona at a meeting held on __________________, 2024. CITY OF VERONA Luke Diaz, Mayor (seal) Holly Licht, City Clerk ADOPTED: PUBLISHED: