City of Madison
Legislative File ID   05739
Type:   Ordinance    Status:   Passed
Enactment Date:   10/5/2007    Enactment No.:   ORD-07-00126
Title:  
AMENDED SECOND SUBSTITUTE - Creating Section 38.05(9)(o) of the Madison General Ordinances to establish an Alcohol Beverage License Density Plan within the Central Commercial District.
Controlling Body:   Attorney's Office/Approval Group
Introduced:   4/17/2007    Version:   4
Final Action:   9/18/2007    Contact:   Janice Pena 608-261-9159
Name:  
alcohol beverage density plan
Extra Date 1:   10/5/2007
Requester:   ALCOHOL LICENSE REVIEW COMMITTEE
Sponsors:  
David J. Cieslewicz, Michael E. Verveer, Joseph R. Clausius, Marsha A. Rummel, Paul E. Skidmore, Michael Schumacher, Judy Compton
Legislative History
DateActing BodyAction TakenMotion
2/21/2007Attorney's Office/Approval GroupApproved As To Form
2/21/2007Attorney's OfficeFiscal Note Required / Approval to the Comptroller's Office/Approval Group Completed on 2/21/2007
2/21/2007Comptroller's Office/Approval GroupApproved Fiscal Note By The Comptroller's Office to the Attorney's Office Completed on 2/21/2007
Notes: Bohrod
2/21/2007Attorney's OfficeReferred for Introduction
Notes: Board of Estimates, Alcohol License Review Committee, BID Board
2/27/2007COMMON COUNCILRefer to the ALCOHOL LICENSE REVIEW COMMITTEE Completed on 6/20/2007
Notes: Additional Referral(s): BID Board, Downtown Coordinating Committee, Public Safety Review Board
2/28/2007ALCOHOL LICENSE REVIEW COMMITTEERefer to the DOWNTOWN COORDINATING COMMITTEE Completed on 4/19/2007
2/28/2007ALCOHOL LICENSE REVIEW COMMITTEERefer to the PUBLIC SAFETY REVIEW COMMITTEE Completed on 5/8/2007
2/28/2007ALCOHOL LICENSE REVIEW COMMITTEERefer to the MADISON'S CENTRAL BUSINESS IMPROVEMENT DISTRICT (BID) BOARD Completed on 6/7/2007
4/13/2007Attorney's Office/Approval GroupApproved As To Form
Notes: Substitute.
4/13/2007Attorney's OfficeFiscal Note Required / Approval to the Comptroller's Office/Approval Group due on 4/13/2007. Completed on 4/13/2007
4/13/2007Comptroller's Office/Approval GroupApproved Fiscal Note By The Comptroller's Office (SUBSTITUTES) to the ALCOHOL LICENSE REVIEW COMMITTEE Completed on 4/13/2007
Notes: Bohrod
4/19/2007DOWNTOWN COORDINATING COMMITTEEA motion was made by Zellers, seconded by Banuelos, to Return to Lead with the Recommendation for Approval to the ALCOHOL LICENSE REVIEW COMMITTEE Friendly Amendment #1: Lang Sollinger suggested in item 3A iv to change the wording from "may" to "will". Friendly Amendment #2: Lang Sollinger suggested adding wording to #10: A) An annual review shall be done by the impacted committees and Joel Plant, subject to final language by sponsors. Friendly Amendment #3: Lee suggested in items 5A and 6A, the days be changed from 60 days to 120 days. Friendly Amendment #4: Miller suggested that the sunset provision be changed to four years, instead of seven years. -Moved by Miller/Lee to offer a substitute motion to defer to the next meeting to allow for a shorter sunset clause, input from Alder Judge, and to establish annual review criteria. Motion failed 5-7. Voting Yes: Miller, Lee, Levin, Levitt-Moy, Thiel. Voting No: Verveer, Lang Sollinger, Zellers, Baneloes, Christianson, McDonnell, Crabb. Alcohol Density Plan (Joel Plant) -According to research by the NIAAA, there are six key elements needed in dealing with alcohol within a community: 1) Responsible beverage server training. 2) Underage serving of alcohol and enforcement. 3) Restrict alcohol density. 4) Drunk driving laws. 5) Increase the price of alcohol. 6) Form campus coalitions. -Alcohol Density Plan was formally introduced on 11-29-07. -A list of different types of scenarios was submitted and discussed. -Trying to be very transparent, fact based, and fair. -Amendments to the alcohol license density plan were distributed, identified, and explained. Asst. City Attorney Steven Brist spoke on the following: -Many of the prosecutions are due to alcohol related problems. -Marginal businesses are tempted to look the other way, bend or break the laws. -Much better legal basis for denial of a liquor license. There could be a basis of discrimination without an alcohol density plan. -It is much easier to initially deny a license rather than to take the alcohol license away after it is already issued. -Politically it is difficult to say no, without the benefit of a plan or criteria. -Need a legal basis for denial. -Carbine: Does the document need to be an ordinance? Brist: Yes, it should be, it would have more teeth. -State statues spell out the definition of a bar and restaurant. -Miller: Has a license every been denied due to alcohol density? Verveer said yes, and cited a few examples. Kimea was denied by the ALRC, as their request for a capacity increase was denied. Following comments on the original motion, with 4 amendments: -Miller: Can not support the Ordinance as it is currently written. -Zellers: Supports the Alcohol Density Plan and ordinance. -Lang Sollinger: Supports the Ordinance with a annual review. -Carbine: Supports the review, but what is the criteria and benchmarks for review? -Thiel: Map of ordinance has open borders. Establishments could set up just outside of the borders on the map. Sunset of 7 years is to long. Wants a 4 year maximum. McDonnell: Supports motion as amended. Ordinance will benefit the quality of downtown area. This begins part of the cultural change of downtown and maturation of the downtown. Not an enforcement tool. -Miller: Said there is a good mix and balance of businesses in the downtown area 33% bars, 33% restaurants, and 34% mixed services. -Christianson: Does not want referral again. -Plant: This ordinance does not address problematic establishments. 7 year sunset may be to long and could be amended. Criteria is action based research. Purpose of ordinance is spelled out in the ordinance. -Levin: Will vote against the motion because ordinance does not address enough of the bad actors. -Levitt-Moy: Great amendments, loves the downtown, a lot needs to be done prior to the ordinance, the six items from NIAAA that Joel Plant listed are good and great ideas. -The original motion, with 4 friendly amendments passed 7-5. Voting Yes: Verveer, Lang Sollinger, Zellers, Baneloes, Crabb, Christianson, McDonnell. Voting No: Miller, Lee, Levin, Levitt-Moy, Thiel. The motion passed by the following vote:Pass
(7:5)
Notes: Moved by Zellers/Baneloes to recommend adoption of the substitute ordinance.
5/8/2007PUBLIC SAFETY REVIEW COMMITTEEA motion was made by Skidmore, seconded by Smith, to Return to Lead with the Following Recommendation(s) to the ALCOHOL LICENSE REVIEW COMMITTEE After the above public comments and discussion, PSRB members gave input. On the motion to approve, it was with the intention of keeping the sunset provision at 7 years. Judge said that students were afraid of what would happen (eg, increased sexual assaults) if ordinance is passed and then have "unlicensed bars" (house parties); feels that ALRC needs to give licenses on a case-by-case basis; wants a 4-year sunset and feels the density will shift to unsafe house parties. Pasha also would like a 4 year sunset. Scott initially felt he would vote for the measure with all the DCC recommendations but wonders now what the PSRB role is - look at the substance and principles and then this is what would recommend to the Common Council? Endorse as is with a 7-year sunset. Smith was in accord with Scott - need enough time to gather data. Skidmore agreed - felt comfortable moving forward with the knowledge that the Council will hash out details. The motion passed by the following vote:Pass
(4:3)
Notes: Keep sunset provision at 7 years.
6/7/2007MADISON'S CENTRAL BUSINESS IMPROVEMENT DISTRICT (BID) BOARDReturn to Lead with the Following Recommendation(s) ALCOHOL LICENSE REVIEW COMMITTEE Completed on 8/15/2007
Notes: The BID Board voted uninamiously (12-0) to approve the attached report "BID_ALDP_FinalReport.pdf" (opposing the ordinance).
6/20/2007ALCOHOL LICENSE REVIEW COMMITTEEA motion was made by Sentmanat, seconded by Verveer, to Refer to the ALCOHOL LICENSE REVIEW COMMITTEE July 18 meeting. The motion passed by acclamation.Pass
7/18/2007ALCOHOL LICENSE REVIEW COMMITTEEfuture meeting.Pass
8/15/2007ALCOHOL LICENSE REVIEW COMMITTEEwith the following change: Extend the grace period from 120 to 365 days.Pass
Notes: with the following change: Extend the grace period from 120 to 365 days.
9/13/2007Attorney's Office/Approval GroupApproved As To Form
Notes: 2nd Substitute.
9/13/2007Attorney's OfficeFiscal Note Required / Approval to the Comptroller's Office/Approval Group Completed on 9/13/2007
9/13/2007Comptroller's Office/Approval GroupApproved Fiscal Note By The Comptroller's Office (SUBSTITUTES) to the ALCOHOL LICENSE REVIEW COMMITTEE Completed on 9/13/2007
Notes: Bohrod
9/18/2007COMMON COUNCIL(see the amendments adopted below for details of the amended language).Pass
(13:6)
Notes: 10 Registrant(s) in support wishing to speak; 4 Registrant(s) in opposition wishing to speak; 6 Registrant(s) in support not wishing to speak; 2 Registrant(s) in opposition not wishing to speak.
9/18/2007COMMON COUNCILTablePass
9/18/2007COMMON COUNCILTake Off The TablePass
9/18/2007COMMON COUNCILTableFail
(10:9)
9/18/2007COMMON COUNCIL: add the following sentence to 10: "This annual review will be due November 1st of each year and include the following: 1) The number of license applications for each license type filed with the City Clerk for establishments both within the density plan area & the areas immediately adjacent. 2) The number of license applications for each license type granted by the Common Council for establishments both within the density plan area & the areas immediately adjacent. 3) The frequency of alcohol related crime & disorder, both within the density plan area and in the areas immediately adjacent. 4) The correlation between alcohol license density and the occurence of alcohol related crime & disorder. 5) An analysis of the economic impact of the ordinance over the previous year. 6) An analysis of the campus house party situation including, but not limited to the number of house parties broken up by the police & number of sexual assaults reported and number of violent crimes reported." Pass
9/18/2007COMMON COUNCIL: change the sunset date in 11. from four (4) years to three (3) years.Pass
9/18/2007COMMON COUNCIL: strike "c. Exceptional Circumstance. ii. An establishment providing live music in a tavern environment is not considered an exceptional circumstance." Pass
9/21/2007Attorney's Office/Approval GroupApproved As To Form

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