village of mcfarland committee public safety8b0accc3-d9e1... · 09-05-2018 · ordinance was...

VILLAGE OF MCFARLAND NOTICE OF PUBLIC MEETINGPUBLIC SAFETY COMMITTEE

Wednesday, May 9, 2018 6:30 PM

AGENDA

1. CALL TO ORDER, ROLL CALL.

2. PUBLIC APPEARANCES.

3. APPROVAL OF MINUTES. a. Discussion and action on approval of minutes from the April 11, 2018 Public Safety Committee

Meeting.

4. BUSINESS. a. Staff Reports

1) Fire/EMS Department

2) Police Department

3) Emergency Management

b. Discussion regarding possible revisions to Section 1164(n) in order to consider revisions to the conditions allowing for the outdoor consumption of alcohol.

c. Discussion and recommendation on a new tourist rooming house application for 6106 Overlook Drive, and appointing Arlene Junck to serve as agent for the period of July 1, 2018 through June 30, 2019.

d. Discussion and recommendation on alcohol license renewals for the period of July 1, 2018 through June 30, 2019.

e. Discussion and recommendation to the Village Board on cigarette and tobacco license application renewals for the period of July 1, 2018 through June 30, 2019.

5. ADJOURNMENT.

This meeting notice constitutes an official meeting of the above referenced group and was posted in accordance with all applicable laws related to Open Meetings Law. It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance at the above stated meeting to gather information. No action will be taken by any governmental body at the above stated meeting other than the governmental body specifically referred to above in this notice. Upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals. For additional information or to request this service, contact the McFarland Municipal Center at (608) 8383153 or [email protected].

mailto:[email protected]

CSuettinger

Typewritten text

McFarland Municipal Center Conference Room A

VILLAGE OF MCFARLAND NOTICE OF PUBLIC MEETING

PUBLIC SAFETY COMMITTEE

Wednesday, April 11, 2018 6:30 pm McFarland Municipal CenterConference Room A

Minutes

1. CALL TO ORDER, ROLL CALL.a. Trustee Adrian called the April 11, 2018 meeting of the Public Safety Committee

to order at 6:32 pm at the McFarland Municipal Center in Conference Room A.

b. Members Present: Trustees Jerry Adrian and Carolyn Clow, Resident Members Tom Mooney, Rich Staley, Ken Machtan, Sandy Bakk.

c. Members Absent: Kathy Lyons

d. Staff Present: Police Chief Craig Sherven, Fire Chief Chris Dennis, Emergency Management Director Chuck DiPiazza, Village Administrator Matt Schuenke

e. Others Present: None

2. PUBLIC APPEARANCES. - None

3. STAFF REPORTS.a. Fire and Rescue Department – Chief Dennis reviewed the monthly reportb. Police Department – Chief Sherven reviewed the monthly report c. Emergency Management – EM Director DiPiazza reviewed the monthly report

4. APPROVAL OF MINUTES.

a. Review and possible action regarding the draft minutes of March 14, 2018 meeting. - Motion by Machtan, second by Staley and carried unanimously 6-0 to approve the minutes of the March 14, 2018 meeting.

5. BUSINESS.

a. Public Hearing on amendment to Chapter 11 article II of the Village code of ordinances regarding the outdoor consumption of alcohol. – Chair Adrian provided a brief background on the matter. The Public Hearing was opened at 6:56 p.m.

Damian Kraemer, owner of 5100, indicated that they have spent thousands of dollars trying to get approval for outdoor seating based on the ordinance and had found that the process was frustrating and that the rules had not been applied equally.

Rick Hubanks, owner of Angelo’s, indicated that the ordinance was working well for him but that he would like to see changes in the following areas: 1) Hours. 9 pm was

too early and surrounding communities have it set at 10 pm on weekdays and 11 pm on weekends. 2) Size. 30% allowance was too small and 50% would be better. 3) Amplified Music. Soft music could be playing and not be a nuisance, especially in a business district.

Shaun O’Hearn, owner of McFarland House Café, indicated that the 30% allowance was too small. He felt that the ordinance should be applied on a case by case basis and that variances from the guidelines should be granted. He would like to see a vibrant downtown and the ordinance was too restrictive. He would like to see changes to the parts of the ordinance that addressed access to the outdoor areas, amplified music, and the requirement for a paved surface.

Colleen Welch, 5204 Paulson Ct, indicated that the ordinance appears to be made for a bigger city and that it was too strict. It should be applied on a case by case basis to help businesses improve and provide people and families a place to go.

The Public Hearing was closed at 7:12 p.m.

Written correspondence in support of making changes to the outdoor consumption ordinance was received from Steve Oleson, Andrea Barnes, Leslie Riemen, Daniel Taylor, Meg Chin, Kelly Coffey, and Jill Mallory. Written correspondence in opposition of making changes to the outdoor consumption ordinance was received from Anne Byers and Mark Daspit.

b. Discussion and recommendation on a Class A alcohol license for the Madison Curling Club for the period of July 1, 2018 through June 30, 2019. – Motion by Adrian, second by Mooney and carried unanimously 6 – 0 to table the discussion and recommendation on a Class A alcohol license for the Madison Curling Club until the Curling Club has responded to the Chief’s letter.

c. Discussion and recommendation on an ordinance amendment regarding the licensing of Mobile Food Carts. – Motion by Adrian, second by Machtan and carried unanimously 6 – 0 to recommend to the Village Board for approval of the amendment to the ordinance, Article XII Mobile Food Establishment.

d. Discussion and recommendation on an ordinance amendment regarding special event license requirements. – At the previous meeting, the Committee directed Chief Sherven to draft a proposed Ordinance amendment to expand the ordinance to include larger events that may not involve alcohol. A draft was presented to the Committee for review and discussion at a future meeting.

6. ADJOURNMENT. - Motion by Machtan, second by Bakk to adjourn at 7:35 pm and carried 6-0 by acclamation.

Pursuant to law, written notice of this meeting was given to the public and posted on the public bulletin boards in accordance with Open Meetings Law.

Respectfully submitted,

Tanya O’MalleyDeputy Clerk

PUBLIC SAFETY COMMITTEE SUMMARY SHEET

MEETING DATE: Wednesday, May 9, 2018

SECTION: Business

DEPARTMENT: Administration

CONTACT:

AGENDA ITEM: Staff Reports

PREVIOUS ACTION:

ISSUE SUMMARY:

FINANCIAL/BUDGET IMPACT:

VILLAGE PLAN REFERENCE:

ORDINANCE REFERENCE:

BOARD, COMMISSION OR COMMITTEE RECOMMENDATION:

ATTACHMENTS:None



SECTION: Business


CONTACT:

AGENDA ITEM: Fire/EMS Department

PREVIOUS ACTION:

ISSUE SUMMARY:





ATTACHMENTS:1. 201805 Fire Rescue Report w-attach

of 4

May 2018

Fire & Rescue Department Report

For April 2018 Activity

General

o On May 20th the McFarland Fire & Rescue Association in conjunction with the

Department from 7:00 am until 11:00 am we will be hosting our annual

pancake breakfast. Adults will be $7, and children 12 and under will be $4.

The proceeds will help offset the cost of the Lucas devices, recently purchased

medium fidelity mannequin and the AEDs that are planned to be replaced in

2018.

o We are very pleased to have Beth Markham start on April 30th in the

Confidential Administrative Assistant position that is shared with the

Administration Department.

o We are still working on some residual issues that developed during the server

outage. We have been able to resume normal activities for the most part. We

will be looking at replacing a couple of the computers in the department to

help.

o The posting for the Full-time EMT closed on April 16th with twenty

applications received. We performed an assessment on April 18th with

nineteen candidates attending. On May 8th the Police and Fire Commission

will be interviewing eight candidates to develop an eligibility list. Once the

eligibility list is established by the PFC, select candidates will be invited for a

Chief’s interview. We expecting an individual will not be able to start until

mid-June.

o We were still waiting for the results of our audit with Insurance Services

Office (ISO).

o We are also working on the on-duty ambulance crew assisting with meal

delivery for meals on wheels during EMS week. The program will require a

member of Outreach to assist in the event the crew receives a call and are

unable to complete the delivery.

o We have received the new engine back from the vendor for mounting

equipment. We are continuing to training and prep the truck for going into

service. The operators are very impressed with the ease of operation for a

complex truck. The truck does have to go to a local vendor for a motor recall

and other adjustments from being a new truck. We are planning on having it in

service by the middle of the May.

o The brush truck/pick up truck project is progressing. We have received the

new truck. We have received the utility boxes for the pickup and the brush

truck, and both have been installed. The brush fire skid has been installed in

the “new” brush truck. The new truck has been lettered, and the old truck

received updated lettering due to the utility box. The emergency lighting and

McFarland Fire & Rescue Department

5915 Milwaukee Street • PO Box 110 • McFarland, WI 53558-0110

(608) 838-3278 • Fax: (608) 838-3619

Emergency: 911

of 4

wiring installation is scheduled to begin on May 14th. We will be removing

equipment from the existing brush truck in the next week or two for

installation in the new pickup and brush truck.

o We are continuing to meet with area departments on the interstate corridor

construction. We don’t foresee any response plan changes that will affect

McFarland during the next year.

Staffing

o Current Staffing Levels

Fulltime Fire Rescue Chief – 1

Fulltime Fire Inspector/Public Education Specialist – 1

Fulltime EMTs – 4 (1 vacant)

Fulltime Confidential Administrative Assistant (Shared w/Admin) - 1

Paid on Call – 59 (22 EMTs, 26 Firefighters (2 Active Retired) & 11

EMT/Firefighters)

Total Staffing Level – 65

Training Activity

o The month of April training was prescribed burns, a quarterly officer training,

and our first joint training with our direction staff and Oregon Fire & EMS.

The medical training for the month was on toxicology and was

prepared by a Physician Assistant associated with Oregon Fire and

EMS.

Our officer training focused on the duties and responsibilities of the

incident commander and truck officers during motor vehicle crashes.

We also included during the night a refresher on the burning ordinances

for the three different municipalities.

We also performed prescribed burns throughout the Village and the

protection district. The practice helps keep prairies with natural

species.

o Additionally, we have been training on the new engine. We had Pierce bring a

factory trainer here to perform training. Many of our operators have been

trained and are to operate during an emergency.

o The training at the Flint Hills Pine Bend Refinery in Rosemount Minnesota

was canceled due to the snow storm, and our member was not able to attend.

The training will focus on the extinguishment of combustible liquids fires.

Inspection/Prevention Activity Completed Year to Date Total Building Inspections 31 205

Fire Code Violations Identified 30 123

Re-Inspections 3 7

Corrections Noted 7 21

Plan Reviews 4 35

Public Instruction Completed Year to Date Total

CPR Certifications 1 18

First Aid Training 0 1

High School CPR (Hands Only) 0 0

Baby Sitters First Aid 0 0

Public Education Tours 2 4

of 4

Apparatus & Equipment o The 2004 ATV (ATV 11) experienced issues with the transmission and

required repair at a vendor in Milwaukee. The unit being out of service did

impact the prescribed burns and brush fires. The unit had to make three trips

to Milwaukee to be repaired and recently returned. We have not been able to

test it again fully. We had lined up a loaner ATV from Stoughton Fire as they

have two units and when ours is out of service they are requested to respond

mutual aid to our incidents.

o The 2000 Heavy Rescue (Squad 5) had annual DOT inspection and service

performed. It had several minor issues that were able to be repaired by the

Village Mechanic.

o The 2007 pick-up (Car 2) had annual DOT inspection and service performed.

It was noted a seat adjustment handle had broken and was repaired by the

Village Mechanic.

o The 2015 Ambulance (Rescue 84) had the regular service performed on it.

During the replacement of the fuel filter, the housing cracked and caused an air

leak. The repair had to be performed by a local Ford dealer.

o The 2015 Tender (Tender 6) had the annual service performed with no issues.

Incident Summary

Incident Type

2018 2017

April Year to

Date Total April Year to

Date Total

EMS – Falls 14 54 12 43 EMS – General Medical 34 126 32 140 EMS – Motor Vehicle Crash 3 24 2 14 EMS – Trauma Other 4 28 5 11 EMS – Other types 19 32 12 39

EMS – Total (+7%) 74 264 63 247

Fire – Building, vehicle or outside 8 18 1 9

Fire – Assist EMS Crew 7 32 13 45

Fire – Motor Vehicle Crash 1 14 1 8

Fire – Alarms 6 20 4 13

Fire – Other types 6 28 14 43

Fire – Total (-5%) 28 112 33 118

of 4

Significant Incidents

o On April 24th at 12:46 we received a call for a controlled burn that became out

of control. Chief Dennis arrived on location and found several acres of

cornfield and prairie on fire. The fire was soon threating a garage, chickens

and honey bee nests. Our brush arrived on location and immediately began

extinguishing the fire. We also deployed Tender 6 with Rescue 84 crew to

protect the garage and chickens. We requested a MABAS Brush Fire Box

Alarm which brought two additional brush trucks, two additional tenders, two

additional engines, an additional squad and an additional ATV. The fire was

extinguished after about an hour with approximately 25 acres burned. The

crews were able to stop the fire from reaching any structures or harming any

animals. However, the fire was only stopped a few feet from the garage,

chickens, and honey bees. The tender crew and the Rescue 84 crew performed

duties normally not assigned to such resources. However, without them

performing the duties the garage and chickens would have been lost.

o On April 28th at 9:23 we received a call for a deck on fire. Chief Dennis

arrived on location and found fire on the rear of the house extending up the

side of the house. The home was located about 25 feet higher than the

roadway on a hill, and about was set back about 75’ from the roadway. The

location required considerable effort for advancing hose lines and moving

equipment. The crew was able to stop the fire as it began extending into the

attic space of the home. During the investigation, it was determined that the

neighbor had noticed the fire and informed his mother. She in turn called 911

entered the home and helped get two occupants (a mother and son) out of the

home. The timing of noticing the fire and calling 911 not only saved the home

but most likely saved to individuals lives.

Incident Date:

Elite danecounty Runs by Dispatch Reason - MFR

Incident Complaint Reported By Dispatch (eDispatch.01) Number of Runs Percent of Total Runs

Falls 11 15.07%

Fire 9 12.33%

Unconscious/Fainting/Near-Fainting 9 12.33%

Sick Person 6 8.22%

Breathing Problem 5 6.85%

Heart Problems/AICD 4 5.48%

Hemorrhage/Laceration 4 5.48%

Traffic/Transportation Incident 4 5.48%

Chest Pain (Non-Traumatic) 3 4.11%

Stroke/CVA 3 4.11%

Cardiac Arrest/Death 2 2.74%

Choking 2 2.74%

Convulsions/Seizure 2 2.74%

Diabetic Problem 2 2.74%

Standby 2 2.74%

Allergic Reaction/Stings 1 1.37%

Back Pain (Non-Traumatic) 1 1.37%

Carbon Monoxide/Hazmat/Inhalation/CBRN 1 1.37%

No Other Appropriate Choice 1 1.37%

Psychiatric Problem/Abnormal Behavior/Suicide Attempt 1 1.37%

Total: 73 Total: 100.00%

Report Filters

is between '4/1/2018' and '4/30/2018'

**Note report is based on patient care reports. Incidents with multiple patients will cause additionalruns. Total incidents will be less than total runs indicated on this report.

Printed On: 05/03/2018 03:00:03 PM1 of 1

Incident Date:

Elite danecounty Runs by Dispatch Reason - MFR

Incident Complaint Reported By Dispatch (eDispatch.01) Number of Runs Percent of Total Runs

Falls 53 18.73%

Traffic/Transportation Incident 45 15.90%

Sick Person 40 14.13%

Unconscious/Fainting/Near-Fainting 34 12.01%

Fire 18 6.36%

Breathing Problem 17 6.01%

Heart Problems/AICD 10 3.53%

Convulsions/Seizure 9 3.18%

Chest Pain (Non-Traumatic) 6 2.12%

Hemorrhage/Laceration 6 2.12%

Stroke/CVA 6 2.12%

Diabetic Problem 5 1.77%

Allergic Reaction/Stings 4 1.41%

Overdose/Poisoning/Ingestion 4 1.41%

Standby 4 1.41%

Abdominal Pain/Problems 3 1.06%

Back Pain (Non-Traumatic) 3 1.06%

Carbon Monoxide/Hazmat/Inhalation/CBRN 3 1.06%

Cardiac Arrest/Death 3 1.06%

Choking 3 1.06%

Psychiatric Problem/Abnormal Behavior/Suicide Attempt 3 1.06%

No Other Appropriate Choice 2 0.71%

Unknown Problem/Person Down 2 0.71%

Total: 283 Total: 100.00%

Report Filters

is between '1/1/2018' and '04/30/2018'

**Note report is based on patient care reports. Incidents with multiple patients will cause additionalruns. Total incidents will be less than total runs indicated on this report.

Printed On: 05/03/2018 03:12:14 PM1 of 1

5/3/2018 https://dane.rescuebridge.com/rwelite/app/views/reports/design/adhoc/map.cfm?reportID=D5C4C049-D925-4251-B5C8-D00D7557D2C3&reportVersionID=81F1E854-C677-44CA-940B-1F0…

https://dane.rescuebridge.com/rwelite/app/views/reports/design/adhoc/map.cfm?reportID=D5C4C049-D925-4251-B5C8-D00D7557D2C3&reportVersionID=81F1E854-C677-44CA-940B-1F000E158D05

© 2018 HERE,© 2018 Microsoft Corporation© 2018 HERE,© 2018 Microsoft Corporation

2 miles2 miles 2 km2 km

Show Pin Mode

https://www.bing.com/maps?cp=43.04056126102359~-89.33051300000001&lvl=11&style=r&FORM=BMLOGO

Village of McFarland Fire Department

Alarm Date Between {04/01/2018} and {04/30/2018} Fire Incident Type Period Comparisons

Incident Type 04/01/2016 to

04/30/2016

04/01/2017 to

04/30/2017

04/01/2018 to

04/30/2018

04/01/2015 to

04/30/20150 01 0

111 Building fire 1 11 4113 Cooking fire, confined to container 0 10 0140 Natural vegetation fire, Other 0 01 0143 Grass fire 0 00 1150 Outside rubbish fire, Other 0 01 0151 Outside rubbish, trash or waste fire 0 00 1160 Special outside fire, Other 0 01 0171 Cultivated grain or crop fire 0 11 0251 Excessive heat, scorch burns with no ignition 1 00 0311 Medical assist, assist EMS crew 13 97 6322 Motor vehicle accident with injuries 1 11 1331 Lock-in (if lock out , use 511 ) 1 00 0350 Extrication, rescue, Other 1 00 0353 Removal of victim(s) from stalled elevator 1 00 0412 Gas leak (natural gas or LPG) 1 11 1440 Electrical wiring/equipment problem, Other 0 00 1443 Breakdown of light ballast 0 10 0522 Water or steam leak 1 00 0551 Assist police or other governmental agency 1 00 0561 Unauthorized burning 0 01 0600 Good intent call, Other 1 10 0611 Dispatched & cancelled en route 3 34 3621 Wrong location 0 00 1622 No Incident found on arrival at dispatch address 0 10 0631 Authorized controlled burning 1 12 0632 Prescribed fire 0 10 0700 False alarm or false call, Other 0 01 0710 Malicious, mischievous false call, Other 0 01 0714 Central station, malicious false alarm 0 02 0733 Smoke detector activation due to malfunction 0 00 1736 CO detector activation due to malfunction 1 01 0740 Unintentional transmission of alarm, Other 2 01 0745 Alarm system activation, no fire - unintentional 3 11 0746 Carbon monoxide detector activation, no CO 0 00 2

33 23Totals 29 22

1Page05/03/2018 14:38




04/30/2016

01/01/2017 to

04/30/2017

01/01/2018 to

04/30/2018

01/01/2015 to

04/30/20150 01 0

100 Fire, Other 0 00 1111 Building fire 5 68 8113 Cooking fire, confined to container 2 11 0116 Fuel burner/boiler malfunction, fire confined 0 10 0118 Trash or rubbish fire, contained 1 00 0130 Mobile property (vehicle) fire, Other 0 10 1131 Passenger vehicle fire 0 01 0132 Road freight or transport vehicle fire 0 00 1137 Camper or recreational vehicle (RV) fire 0 00 1140 Natural vegetation fire, Other 0 01 0142 Brush or brush-and-grass mixture fire 1 10 0143 Grass fire 0 00 1150 Outside rubbish fire, Other 0 01 0151 Outside rubbish, trash or waste fire 0 00 1160 Special outside fire, Other 0 01 0171 Cultivated grain or crop fire 0 11 0251 Excessive heat, scorch burns with no ignition 1 00 0311 Medical assist, assist EMS crew 43 3132 34322 Motor vehicle accident with injuries 5 59 5324 Motor Vehicle Accident with no injuries 2 15 0331 Lock-in (if lock out , use 511 ) 1 00 0350 Extrication, rescue, Other 1 00 0352 Extrication of victim(s) from vehicle 1 00 0353 Removal of victim(s) from stalled elevator 1 01 0365 Watercraft rescue 0 10 0381 Rescue or EMS standby 1 00 0411 Gasoline or other flammable liquid spill 1 01 0412 Gas leak (natural gas or LPG) 2 12 2424 Carbon monoxide incident 2 31 4440 Electrical wiring/equipment problem, Other 0 00 1442 Overheated motor 0 00 1443 Breakdown of light ballast 0 10 0445 Arcing, shorted electrical equipment 1 00 0451 Biological hazard, confirmed or suspected 1 00 0500 Service Call, other 0 20 0510 Person in distress, Other 1 00 0522 Water or steam leak 2 01 0531 Smoke or odor removal 0 01 0542 Animal rescue 1 00 0551 Assist police or other governmental agency 1 00 0561 Unauthorized burning 0 02 0571 Cover assignment, standby, moveup 0 01 0600 Good intent call, Other 1 10 0611 Dispatched & cancelled en route 20 1517 9

1Page05/03/2018 14:41




04/30/2016

01/01/2017 to

04/30/2017

01/01/2018 to

04/30/2018

01/01/2015 to

04/30/2015622 No Incident found on arrival at dispatch address 1 10 0631 Authorized controlled burning 1 24 0632 Prescribed fire 0 10 0650 Steam, Other gas mistaken for smoke, Other 1 00 0651 Smoke scare, odor of smoke 1 03 1652 Steam, vapor, fog or dust thought to be smoke 1 00 0661 EMS call, party transported by non-fire agency 1 00 0671 HazMat release investigation w/no HazMat 1 01 1700 False alarm or false call, Other 0 02 0710 Malicious, mischievous false call, Other 0 11 0714 Central station, malicious false alarm 0 12 0731 Sprinkler activation due to malfunction 0 01 0733 Smoke detector activation due to malfunction 0 20 1735 Alarm system sounded due to malfunction 1 01 2736 CO detector activation due to malfunction 1 11 2740 Unintentional transmission of alarm, Other 2 03 1743 Smoke detector activation, no fire - unintentional 2 01 0744 Detector activation, no fire - unintentional 0 01 0745 Alarm system activation, no fire - unintentional 4 31 0746 Carbon monoxide detector activation, no CO 3 13 2900 Special type of incident, Other 0 10 0

118 86Totals 113 81

2Page05/03/2018 14:41



SECTION: Business


CONTACT:

AGENDA ITEM: Police Department

PREVIOUS ACTION:

ISSUE SUMMARY:





ATTACHMENTS:1. April 2018 Police Department Report

MCFARLAND POLICE DEPARTMENT

April 2018 Monthly Report

McFarland Police Department

Page 1

CONTENTS

INTRODUCTORY INFORMATION ........................................................................................ 2

CASES OF INTEREST ......................................................................................................... 2-3

STAFFING REPORT .............................................................................................................. 3

EQUIPMENT REPORT ........................................................................................................... 3

TRAINING REPORT .............................................................................................................. 4

BUDGET REPORT ................................................................................................................. 4

OTHER INFORMATION ........................................................................................................ 4

APRIL 2018 CALL STATISTICS .......................................................................................... 5-6


Page 2


A P R I L 2 0 1 8 M O N T H L Y R E P O R T

As observed on the attached Call Summary Report, the McFarland Police Department logged 625 cases in

April. This is compared to 499 cases for the same time period in 2017. Cases of interest for the month were:

three intoxicated drivers, three domestic disturbances, seven disturbances, five juvenile complaints, seven

thefts, eleven traffic accidents, thirty-six EMS/Fire assists, and responded to thirteen alarms. Officers also

logged 160 traffic incidents during this month.

Cases of interest for the month are as follows:

04/18/2018 Officers were dispatched to Rock’N Rollz for a counterfeit $100 bill. Officers made contact

with the business and learned three unknown subjects had ordered food to be delivered to an address on

Burma Road. The delivery driver arrived and was met outside by a male subject who presented the $100

bill. The driver did not have change for the large bill so he returned to the business. The driver returned to

the subject with the change and food. The business contacted the police when they realized the bill was fake.

While investigating this call, Officers received information of a gas drive-off, at Kwik Trip, involving a stolen

vehicle. Based on the description of the suspects in both cases, Officers believed they were related. A short

time later, Officers received a call from Pizza Hut on Hwy 51. Pizza Hut employees believed their driver was

being set up for a robbery at an address on Burma Road. Food was ordered from Pizza Hut and was

supposed to be delivered to the address on Burma Road. The driver arrived on scene and realized there was

no apartment number given for the order. The driver attempted to call the phone number given for the order

and it came back to a disconnected phone number. The Police Department has reason to believe all three

incidents were related to the same suspects. The case is still under investigation.

04/18/2018 Officers on routine patrol encountered a vehicle that was driving recklessly on Erling Avenue.

Officers conducted a traffic stop on the vehicle and found the driver to be under the influence of alcohol.

Field Sobriety Tests were conducted and the driver was eventually arrested for operating a motor vehicle

while under the influence-3rd offense. The driver had a blood alcohol concentration of .204. The driver was

also cited for operating while revoked and having a prohibited alcohol concentration.

04/20/2018 An Officer observed a vehicle operating without tail lamps illuminated during hours of

darkness. The vehicle was stopped and contact made with the occupants. Due to the criminal history of the

driver, the Officer requested a police K-9 come to his location to conduct a sniff on the vehicle. The K-9

conducted a sniff of the vehicle and indicated on the vehicle. A search of the vehicle was conducted and

multiple items of drug paraphernalia were located to include two 5 gallon buckets filled with used syringes.

The driver was eventually arrested for three counts of felony bail jumping, unauthorized display of

registration plates and possession of drug paraphernalia. The suspect was booked into the Dane County Jail.


Page 3

04/22/2018 Officers were dispatched to a Strong Armed Robbery that occurred at Kwik Trip. Officer

learned a male subject entered the store wearing a winter coat with something covering his face. The subject

approached the checkout area and demanded money from the cash register. The suspect fled the store

running east from the area. A police K-9 attempted a track but lost the scent about a block away from the

business. The case is still under investigation.

Staffing Report

Officer Sydney Bryant will complete her field training program in mid-May and then be assigned a

regular patrol shift.

Recruit Candidate Bruce Grady continues in the field training process.

The recruitment process to fill the upcoming Confidential Administrative Assistant vacancy is underway.

The application deadline is May 4th. To date, we have received close to 90 applications for the

position. Upon conclusion of the application deadline, the applications will be screened and

approximately 20-25 applicants will participate in a phone interview scheduled for the third week of

May. Following that, approximately 10 semi-finalists will be invited to an interview with an outside

panel of individuals either currently in that role or supervising that role, as well as a skills test. This

step is scheduled for the end of May or early June. Finally, roughly 5 finalists will participate in an

interview with department Command Staff, with a selection made shortly thereafter.

Equipment Report

The replacement Detective vehicle has been outfitted and is now in service.

The Department, having evaluated a few similar products, has decided to purchase the CareTrak

equipment previously mentioned. This equipment will assist us in locating individuals with special needs

that wander away from their homes.

The less lethal weapons that were purchased are now in service. Officers were trained on their use in

late March.


Page 4

Training Report

All sworn personnel were trained on the use of the less than lethal shotguns that shoots a bean bag

rounds.

Officer Joel Zietsma attended a two-day training for Crime Prevention Through Environmental Design.

The training was held at the Dane County Range.

Officers Jason Onken and Jackie Statz attended Dementia Awareness training at the City of Madison

Training Facility.

Sergeant Nate Jacobsen attended Leadership training at Waukesha County Technical College.

Officer Jake Towns attended Less Than Lethal Instructor training in Stevens Point.

Budget Report

No report.

Other Information

The Department continues in the process of developing a peer support program. Policy has been

implemented and letters of interest from staff received. Training will follow in coming months.

The Department has scheduled Crisis Intervention training for staff to occur later this summer.

The Department will conduct, in association with the Optimist Club, the annual Bike Rodeo on May 5th.

The Department participated in the annual Community Service Day on April 28th, with approximately

20 children and their parents assisting with squad washing and sweeping the garage.


Page 5


Page 6



SECTION: Business


CONTACT:

AGENDA ITEM: Emergency Management

PREVIOUS ACTION:

ISSUE SUMMARY:





ATTACHMENTS:1. 5.18EM Man for public safety

PUBLIC SAFETY COMMITTEE

EMERGENCY MANAGEMENT REPORTMay 2018 Report

Update on outdoor warning siren:

This seasons outdoor warning siren monthly tests where outdoor warning sirens are activated country wide at 12:00 PM on the 1st Wednesday of the month. I noted that all McFarland sirens are operating properly.

I had a meeting with Dave Janda from Dane County Emergency Management in regards to a map showing coverage areas of our current sirens. After review of the maps, I noted that the Village has ample coverage currently. Although if the Village continues east, a recommendation for a new siren would be at the Power Line Station at the corner of County Highways AB and MN. A review of this location with Dane County as stated, being this is on a County Highway, the County would enable right of way to the Village. A new siren with complete installation should be budgeted for $30,000. I shall report information from our meeting to the Emergency Management Committee as well.

Emergency Management Committee Meeting:

The next bi-monthly meeting shall be on May 24, 2018 at 2:00 PM

Storm Activity:

We have had some winter storm activity in the field and attention to mainly freezing rain and snow mix in addition to some measurable snow fall. . In addition, we have now appeared to have gone from winter into summer according to temperature, although have encountered the spring rain showers and storm activity. One concern for the heavy and continuous rain fall is that of flooding in low lying areas as well as rivers, etc. I will continue providing department heads, Public Safety Committee Members, Emergency Management Committee Members and Village Board Members the weather briefings as I receive them being that I attend the weather briefing webinars when they are held.Further, weather briefings and posts are being placed on Social Media for the Village.

Emergency Response Manual Update:

I joined others in responding to a power failure, “lights out” survey with Dane County. The survey was generated as to the mass confusion and chaos with Katrina. I addressed our emergency services department heads with a “what if” scenario and gathered information from them to forward to Dane County in addition to the survey questions. With this response and all information gathered, I will be adding the protocol to our Emergency response Manual as an excellent scenario setting.

Training:

I continuously seek webinars from Emergency Government Technology as well as other affiliations and organizations for Emergency Management to assist me in my role in regards to training and updates, etc.

Community Awareness:

I will continue submitting inclement weather, storm watches and warnings, and other pertinent information and literature to the Village Social Media Team

The State wide mock tornado drill was held on April 12, 2018 with one drill being at 1:45 PM. and another at 6:45 PM. checking with the Village Clerk, she stated that the office was very busy with customers at the time, and did not actually take part in the mock drill. However, she stated that they used the time to discuss what employees and patrons should do and where to take shelter in the event of a tornado.

Speaking to the Director of the Library, she too advised that the library was very busy with patrons, and took the time to review the shelter areas with staff. At the 6:45 PM. drill, the library actually was holding an event and did not take part in the drill as to not interrupt the speaker or event.

I have reached out to Dave Janda of Dane County Emergency Management in regards to their Emergency Notification system. Their system is a sign up system with emergency alerts on the AtHoc Cloud that we could join. The system is activated by the Dane County 911 Center where emergency notification goes out to those signed up via text, or email. I am checking into the system and shall report my findings to this committee as well as the Emergency Management Committee.

Submitted by: Chuck Di Piazza



SECTION: Business


CONTACT:

AGENDA ITEM: Discussion regarding possible revisions to Section 11-64(n) in order to consider revisions to the conditions allowing for the outdoor consumption of alcohol.

PREVIOUS ACTION:

ISSUE SUMMARY:Section 11-64 of the Village Code of Ordinances sets forth the conditions by which licensed alcohol establishments may operate. Within this is subsection (n) which details the ability for Class B and C license holders to be able to allow their patrons the ability to consume alcohol outdoors. Included within your packet is a copy of the ordinance as its currently drafted. Specifically there are 20 different conditions that may apply to any such license holder that wishes to provide for outdoor consumption. These can be found under subsection (3) under (n). There is an ability to vary from these conditions detailed under (4) and the application procedure detailed under (5). The Village Board ultimately holds discretion in all cases as listed under (2).

This issue most recently arose regarding a request from Trustee Lytle to make certain changes to the code. The Village Board referred the matter to the Committee on March 12th for consideration and also requested public comment be solicited. The Public Safety Committee convened a public hearing at its meeting on April 11th receiving comments in the meeting and in writing through the Village Clerk. Certainly if no change is ultimately prescribed by the Village Board, then the code shall remain as it is currently enacted. However, changes that have thus far been requested for review include the following:

(3)(a) - Proximity to residential. (3)(b) - Hours of operation. (3)(c) - Amplified music. (3)(h) - Size of the outdoor area. (3)(i) - Access to outdoor area. (3)(l) - Food and drink required. (3)(m) - Base outdoor floor material. (4) - Variance procedure. (5) - Application process.

Each of these items generally listed above are highlighted in the attachment for the full reference to the code to be understood. The Committee is tasked with considering the code in light of all the comments provided in order to make a recommendation back to the Village Board for their consideration.

The item is presented for discussion only at the meeting on May 9th recognizing it might take some discussion over the points thus far raised. The following ideas are presented in an attempt to address all the comments received while being sensitive to the work that was done previously to create this ordinance.

1. Conditions Remain - The 20 conditions as they are currently drafted can remain in place unchanged under this proposal. Staff would present no revisions.

2. Revise Variance Procedure - In its current form, the variance language in subsection (4) is far too restrictive with not a single licensed establishment able to utilize it. The minimum threshold is that you have to be 1,000 feet from a residential property. Furthermore, relief is only able to be granted by the Village Board for 4 of the 20 conditions. Both the distance requirement and condition application should be revised.

3. Application Process - The application process should be better defined to understand what the roles are to review/consider applications. A better hierarchy is needed to allow the Committee to review these applications and make their recommendation to the Village Board. Through that process the applicant will need to meet all the conditions and if they cannot justify to both entities why that is not possible.

The alternative to this approach will be to address each point one after the other as they uniformly apply to all applicants versus this proposal which would allow the Village to address applicants on a case by case basis. This idea recognizes that what is good for one may not be good for all. If agreeable, the Committee may provide direction to Staff at its meeting on May 9th to draft these changes as proposed for consideration at the next meeting on June 13th at which time you could make your recommendation to the Village Board if agreeable.





ATTACHMENTS:1. Section 11-64 - Conditions of License

4/24/2018 McFarland, WI Code of Ordinances

1/4

(a)

(b)

(c)

(d)

(e)

(f)

(g)

Sec. 11-64. - Conditions of license.

All retail "Class A," "Class B," Class "A" and Class "B" licenses granted or renewed hereunder shall be granted subject to

the following conditions, and all other conditions of this Section, and subject to all other ordinances and regulations of the

Village applicable thereto:

Consent to entry. Every applicant procuring a license thereby consents to the entry of police or other duly

authorized representatives of the Village at all reasonable hours for the purpose of inspection and

search, and consents to the removal from said premises of all things and articles there had in violation of

Village ordinances or state laws, and consents to the introduction of such things and articles in evidence

in any prosecution that may be brought for such o�enses.

Employment of minors. No retail "Class B" or Class "B" licensee shall employ any person under 18 years

of age, but this shall not apply to hotels, restaurants, or combination grocery stores and taverns where

49 percent or less of the gross revenue is derived from the sale of intoxicating liquors, nor to bona �de

clubs. Family members may work on the licensed premises but are not permitted to sell or dispense

alcohol beverages.

Disorderly conduct prohibited. Each licensed premises shall, at all times, be conducted in an orderly

manner, and no disorderly, riotous or indecent conduct shall be allowed at any time on any licensed

premises.

Licensed operator on premises. There shall be upon premises operated under a "Class A," Class "A,"

"Class B," Class "B" or "Class C" license, at all times that the premises are open for business, the licensee,

the agent named in the license if the licensee is a corporation, the agent named in a "Class B" or Class "B"

license, or some person who shall have an operator's license and who shall be responsible for the acts of

all persons serving as waiters, or serving or selling in any other manner any fermented malt beverages or

intoxicating beverages to customers. No person, including underage members of the licensee's

immediate family, other than the licensee or agent may serve fermented malt beverages or alcohol

beverages in any place operated under a "Class A," Class "A," "Class B," Class "B" or "Class C" license

unless the person has an operator's license or is at least 18 years of age and is under the immediate

supervision of the licensee or agent or a person holding an operator's license, and who is on the

premises at the time of the service.

View of interior unobstructed. No holder of a retail Class "B" or "Class B" license hereunder shall permit

the interior of the premises to be obstructed by window tinting, blinds, screens or partitions, provided

that partitions not exceeding 48 inches in height may be permitted within the interior, and provided

further this Section shall not apply to a licensed premises where the principal business conducted is that

of a restaurant or hotel.

Alcohol beverages to be sold and consumed only in authorized parts of premises. No alcohol beverage

may be sold, dispensed, or consumed under a "Class B" or Class "B" license in any portion of the business

or premises not authorized in said license.

Restrictions near schools and houses of worship. No retail "Class A," Class "A," "Class B" or Class "B"

license shall be issued for premises, the main entrance of which is less than 300 feet from the main

entrance of any established public school, parochial school, hospital or house of worship. Such distance

shall be measured by the shortest route along the highway from the closest point of the maintenance

entrance of such school, house of worship or hospital to the main entrance to such premises. This


2/4

(h)

(i)

(j)

(k)

(l)

(m)

(n)

(1)

(2)

a.

b.

Subsection shall not apply to premises licensed as such on June 30, 1947, nor shall it apply to any

premises licensed as such prior to the occupation of real property within 300 feet thereof by any school

building, hospital building or house of worship building.

Consumption on premises. All purchase of intoxicating liquor or fermented malt beverages by the glass

or in open containers shall be consumed on the licensed premises where served and shall not be

removed therefrom to any thoroughfare, street, alley or sidewalk or anywhere outside the licensed

premises unless authorized by the Village Board.

Gambling prohibited. No gambling or game of chance of any sort shall be permitted in any form upon

any premises licensed under this Article or the laws of the state, except the Wisconsin State Lottery.

Credit prohibited. No retail "Class A," Class "A," "Class B," Class "B" or "Class C" liquor, wine or fermented

malt beverage licensee shall sell or o�er for sale any alcohol beverage to any person by extending credit,

except hotel credit extended to a resident guest or a club to a bona �de member. It shall be unlawful for

such licensee or permittee to sell alcohol beverages to any person on a passbook or store order or to

receive from any person any goods, ware, merchandise or other articles in exchange for alcohol

beverages.

Licensee or permittee responsible for acts of employees. A violation of this Article by a duly authorized

agent or employee of a licensee or permittee under this Article shall constitute a violation by the licensee

or permittee. Whenever any licensee or permittee under this Article shall violate any portion of this

Article, proceedings for the suspension or revocation of the license or permit of the holder thereof may

be instituted in the manner prescribed in this Article.

Operational telephone required. All premises located within the Village that are licensed to sell alcohol

beverages shall, during hours they are open, be equipped with a functioning land line telephone

connected to the business premises, which shall be available to the operators and/or patrons of the

establishment.

Health and sanitation regulations. The rules and regulations of the State Board of Health governing

sanitation in restaurants shall apply to all "Class B" liquor or "Class C" licenses issued under this Article.

No "Class B" or "Class C" license shall be issued unless the premises to be licensed conform to such rules

and regulations.

Outdoor consumption. Licensed premises under a "Class B," Class "B" or "Class C" license may include

areas outside a fully enclosed building in accordance with the following:

Any application for a new license, a renewal of an existing license or an application to expand the

premises' description of an existing license which seeks to include an outdoor area within the

licensed premises' description shall require notice to each person owning property within 500 feet

of the proposed premises. The applicant shall prepay the cost of sending such notice before the

notices are sent. The notice shall include a copy of the application and the date, time and location of

any public hearings or other public meetings at which the application is scheduled to be considered.

The Village Board, in addition to any general conditions or conditions set forth under subsection (n)

(3), may impose conditions or stricter conditions upon the license speci�c to any outdoor areas

within the premises' description to prevent undo adverse impact on neighboring property, the

character of the surrounding neighborhood, tra�c conditions, parking or any other matter a�ecting

the public health, safety, welfare or convenience, including, but not limited to:

Limiting the size and location of any outdoor premises;

Restricting the hours during which alcohol consumption may be permitted within the outdoor

mschuenke

Underline

mschuenke_1

Underline


3/4

c.

d.

(3)

a.

b.

c.

d.

e.

f.

g.

h.

i.

j.

k.

l.

area;

Requiring additional parking to address increased capacity;

Regulating lighting.

In addition to any conditions imposed at the Village Board's discretion, the following shall be

minimum conditions of all licenses with respect to outdoor areas:

Outdoor areas are prohibited within 50 feet of the lot line of a parcel used for residential

purposes whether as a primary use or in conjunction with commercial uses. This prohibition

shall not apply to prohibit an outdoor area where an accessory apartment exists on the same

parcel as the licensed premises.

The hours during which alcohol consumption may be permitted within the outdoor area is

restricted to 11:00 a.m. to 9:00 p.m.

The perimeter of any outdoor portion of a licensed premises not bordered by a main building

shall be enclosed by a permanent fence not less than four feet. Such fence shall be

constructed of wood, plastic, or metal and erected and maintained in accordance with all

applicable Village ordinances. If the outdoor portion of a licensed premises is an outdoor

sports area, the enclosure may instead be made by temporary netting not less than ten feet

high. Such netting shall not be installed sooner than 14 days prior to, and shall be removed no

later than 14 days after, the season or the period established under Section 11-69(f)(6)c.,

whichever is shorter. The outdoor area shall comply with all applicable building code

requirements including the provision of readily distinguishable means of egress for �re and

emergency purposes.

The outdoor area may not be covered by a roof.

Ampli�ed music, speakers, microphones, televisions or other audio or video devices are

prohibited.

At no time shall unreasonable noise emanate from any outdoor area that tends to disturb the

peace and quiet enjoyment of property in the vicinity contrary to Section 20-58.

The outdoor area shall not have an undue adverse impact upon nearby property, the

character of the neighborhood, tra�c conditions, parking or other matter a�ecting the public

health, safety, welfare, or convenience.

The size of the outdoor area is restricted to 30 percent of the public usage area of the portion

of the premises which is inside the building. Interior building capacity shall not be increased as

a result of the addition of the outdoor area. The playing area of any outdoor sports area

permitted under Section 11-69 shall not be included for purposes of determining compliance

with this subparagraph so long as the playing area is not permitted to be occupied by persons

not participating in the sporting activity for which the playing area is designed.

The outdoor area shall have no entrance or exit, except for �re exits, other than to or from the

interior of the main building of the licensed premises.

A conspicuous notice shall be posted at each �re exit stating: "No Beer, Liquor or Wine May Be

Carried in an Open Container O� the Premises."

No bar shall be permitted in outdoor areas, however, wait sta� may serve in the outdoor area.

Except for outdoor sports activities permitted under Section 11-69, the outdoor area shall not

be used for any activities other than service and consumption of food and drink. Smoking may

be permitted in accordance with applicable State and local regulations. Food service shall be

https://library.municode.com/




mschuenke_2

Highlight

mschuenke_3

Highlight

mschuenke_4

Highlight

mschuenke_5

Highlight

mschuenke_6

Highlight

mschuenke_7

Highlight

mschuenke_8

Highlight

mschuenke_9

Highlight

mschuenke_10

Highlight

mschuenke_11

Highlight

mschuenke_12

Highlight

mschuenke_13

Highlight


4/4

m.

n.

o.

p.

q.

r.

s.

t.

(4)

(5)

available in the outdoor area at all times during which it is open to patrons for alcohol

consumption.

Except for playing areas and other areas adjacent thereto that are primarily intended for use

by participants in outdoor sports activities permitted under Section 11-69, the outdoor area

must be located on an paved surface or hard all-weather decking material.

The outdoor area shall be accessible to the disabled, and the license holder shall at all times

comply with all applicable federal, state and village laws, ordinances and regulation concerning

accessibility.

The outdoor area cannot be within 300 feet of any property used for a school or church as

measured from the edge of the outdoor area to the property line of the school or church.

Outdoor areas may not be placed on any rooftop.

Containers for refuse disposal and regular cleanup shall be placed inside of the outdoor area.

Improper control of the outdoor area could result in loss of the premises alcohol beverage

license.

Construction of an outdoor area shall not reduce the minimum number of parking stalls

required of the establishment.

If the outdoor area is used for outdoor sports activities as permitted under Section 11-69 and

persons under the age of 21 are allowed to be present on the licensed premises, all persons

21 years of age or older who intend to consume alcohol beverages in the outdoor area, shall

be issued a wristband that is bright in color which shall be issued only upon showing valid

identi�cation proving the person is 21 years of age or older.

If the outdoor area is greater than 1,000 feet from any property line of a property in residential use,

the conditions established in subsections (3)b., e., h., and m. may be modi�ed by the Village Board.

The application shall be accompanied by detailed plans or drawings demonstrating the size and

location of the outdoor area, location of required fencing and any other information necessary to

determine compliance with this subsection. Plans and drawings shall be reviewed for a

recommendation by the Plan Commission, followed by a review and recommendation on the

application from the Public Safety Committee.

(Code 1998, § 7-2-14; Ord. No. 2013-01, §§ 1, 2, 4-22-2013; Ord. No. 2015-07, §§ 1—4, 7-27-2015; Ord. No. 2016-01, § 1, 1-25-

2016)



mschuenke_14

Highlight

mschuenke_15

Highlight

mschuenke_16

Highlight

mschuenke_17

Highlight

mschuenke_18

Highlight

mschuenke_19

Highlight

mschuenke_20

Highlight



SECTION: Business


CONTACT:

AGENDA ITEM:Discussion and recommendation on a new tourist rooming house application for 6106 Overlook Drive, and appointing Arlene Junck to serve as agent for the period of July 1, 2018 through June 30, 2019.

PREVIOUS ACTION:

ISSUE SUMMARY:Village Ordinance Chapter 11 Article 11 requires that all tourist room houses in Village be licensed. The Village Clerk/Treasurer has viewed the application and found it includes all of the required items in 11-354(b). Pursuant to 11-356 the completed application is now before the Public Safety Committee for review. All property owners within 300 feet of the property have been notified of the date and time of the meeting.

11-356(a) requires the Public Safety Committee to consider the application and supporting documents. If the Committee determines that the application meets the requirements of this Article it shall forward the application to the Village Board for approval. If it determines that the application does not meet the requirements of this Chapter, it shall deny the application.

FINANCIAL/BUDGET IMPACT:Additional revenue from permit fee and room tax collection.

VILLAGE PLAN REFERENCE:N/A

ORDINANCE REFERENCE:Chapter 11 Article 11


ATTACHMENTS:1. 6106 Overlook Application with approvals2. ARTICLE_XI.___TOURIST_ROOMING_HOUSES (1)

ARTICLE XI. - TOURIST ROOMING HOUSES[7]

Footnotes:

--- (7) ---

Editor's note— Ord. No. 2017-22 , § 1, adopted Nov. 13, 2017, amended Art. XI in its entirety to read as herein set out. Former Art. XI, §§ 11-350—11-363 pertained to similar subject matter, and derived from Ord. No. 2017-05 , § 1, adopted March 13, 2017.

Sec. 11-350. - Purpose.

The purpose of this Article is to ensure that the quality of tourist rooming houses operating within the Village is adequate for protecting public health, safety and general welfare, including establishing minimum standards of space for human occupancy and for an adequate level of maintenance; determining the responsibilities of owners, operators and property managers offering these properties for tourists or transients, to protect the character and stability of residential areas of the Village; to provide minimum standards necessary for the health and safety of persons occupying or using buildings, structures or premises; and provisions for the administration and enforcement thereof. The Village Board specifically finds that use of single family residences in the Village for short term rental creates the increased potential for adverse impacts on single family neighborhoods. The increased potential for adverse impacts is due to a higher degree of residential use and occupancy by vacationers who may tend to more frequently keep different hours engaging in recreational and social activities than the permanent residents in the surrounding neighborhood. Further, lacking any connection to the surrounding neighborhood, are less likely to be sensitive to the needs and concerns of neighbors. Finally, the lake side neighborhoods in which tourist rooming houses may be most likely to operate in the Village typically have small lots with homes very close to one another thereby increasing the potential for conflicts or disturbances.

( Ord. No. 2017-22 , § 1, 11-13-2017)

Sec. 11-351. - Definitions.

In this Article:

Bed and breakfast establishment means any place of lodging that satisfies all of the following:

(1) Provides eight or fewer rooms for rent to no more than a total of 20 tourists or transients.

(2) Provides no meals other than breakfast and provides the breakfast only to renters of the place.

(3) Is the owner's primary place of residence.

(4) Is occupied by the owner at the time of rental.

(5) Was originally built and occupied as a single-family residence, or, prior to use as a place of lodging, was converted to use and occupied as a single-family residence.

Dwelling unit means a structure consisting of one or more rooms with provisions for living, cooking, sanitary, and sleeping facilities and a bathroom designed for or suited to the exclusive use by one person or one family.

Hotel means all places wherein sleeping accommodations are offered for pay to transients, in five or more rooms, and all places used in connection therewith. "Inn", "motel" and "hotel" are synonymous.

Local agent means a person that, subject to the conditions established in Section 11-352, is authorized by the owner of a tourist rooming house to manage a tourist rooming house.

http://newords.municode.com/readordinance.aspx?ordinanceid=859991&datasource=ordbank



Short term rental means the rental of a dwelling unit for a period of less than 29 consecutive days.

Tourist rooming house means any dwelling unit where sleeping accommodations are offered for pay on a short term rental basis to tourists or transients except that the following are expressly excluded:

(1) Bed and breakfast establishments.

(2) Hotels.

(3) Any private boarding or rooming houses, ordinarily conducted as such, that do not accommodate tourists or transients.

Tourist or transient means a person who travels from place to place away from his or her permanent residence for vacation, pleasure, recreation, culture, business or employment.

( Ord. No. 2017-22 , § 1, 11-13-2017)

Sec. 11-352. - Operation of tourist rooming houses.

(a) No person shall be permitted to own or operate more than one tourist rooming house in the Village nor shall multiple persons residing in the same household be permitted to operate multiple tourist rooming houses. A tourist rooming house owned in the name of a corporation, limited liability company, partnership or similar entity shall be considered owned by the same person as another tourist rooming house for purposes of this subsection if any individual natural person derives any income from the operation of both tourist rooming houses.

(b) Every owner of a tourist rooming house shall appoint a local agent to manage the tourist rooming house if the owner resides outside a 30-mile radius from the tourist rooming house or if the owner will be absent while the property is being rented as a tourist rooming house. For purposes of this requirement, an owner shall be considered absent if he or she cannot be contacted and be present at the touring rooming house within 45 minutes. The local agent shall:

(1) If a natural person, keep their permanent residence within 30 miles of the tourist rooming house, or if a property management company or similar business entity, have offices within 30 miles of the tourist rooming house;

(2) Be authorized as owner, or on behalf of the owner of the tourist rooming house, to accept service of all notices from the Village or service of legal process relating to any and all matters relating to the tourist rooming house;

(3) Be authorized to allow Village officers, employees, or agents, to enter the owner's property for purposes of inspection and enforcement of this Article or any other ordinance, statute, rule or regulation the Village may have the duty or authority to enforce;

(4) Be authorized to act as owner, or on behalf of the owner, of the tourist rooming house in all matters relating to dealing with renters of the tourist rooming house;

(5) Be authorized to undertake, or cause to be undertaken, any repair or act of maintenance of the tourist rooming house necessary to comply with any Village ordinance, or any applicable state building regulations.

(6) Subject to Wis. Stats. §§ 111.321, 111.322 and 111.335 has not been convicted of or have any pending charges for any offense as a felony, misdemeanor, or civil forfeiture, involving dishonesty, fraud, deceit, robbery, the use or threatened use of force or violence upon the person of another, or sexual immorality under Wis. Stats. ch. 944; and

(c) Each tourist rooming house, in addition to the permit under this Article, shall have and maintain the following licenses and permits:

(1) All required permits from State of Wisconsin Department of Agriculture, Trade and Consumer Protection or authorized agent including a permit for operation of a tourist rooming house under Wis. Stats. § 97.605;


(2) A seller's permit issued by the Wisconsin Department of Revenue.

(e) No tourist rooming house shall be located within 1,000 feet of any other tourist rooming house as measured by a straight line from the nearest property line of each tourist rooming house. Any tourist rooming house lawfully operating under a permit issued pursuant to Wis. Stats. § 97.605 as of the effective date of this Article and which is located within 1,000 feet of any other such tourist rooming house shall be exempt from the 1,000-foot spacing requirement as to the other lawfully existing tourist rooming houses provided that within 120 days of the effective date of this Article, an application meeting all of the requirements of this Article is submitted and subsequently approved. Any tourist rooming house benefitting from this exemption shall lose the exemption if it fails to maintain a valid permit under this Article or Wis. Stats. § 97.605 for a continuous period of one year or longer.

( Ord. No. 2017-22 , § 1, 11-13-2017)

Sec. 11-353. - Tourist rooming house permit.

Commencing July 1, 2017, no person may operate or permit to be operated a tourist rooming house in the Village of McFarland except upon receipt of a permit under this Article and subject to all the terms and conditions thereof. Any existing tourist rooming house, lawfully operating under a permit issued pursuant to Wis. Stats. § 97.605 shall have 120 days from the effective date of this Article to submit an application meeting all of the requirements under this Article. If no such application is filed on a timely basis, or if such application is denied, the existing tourist rooming house shall cease operation after expiration of the 120 days, denial of the application, or expiration of the permit under Wis. Stats. § 97.605, whichever is sooner.

( Ord. No. 2017-22 , § 1, 11-13-2017)

Sec. 11-354. - Application.

(a) All applications for a new tourist rooming house permit or renewal shall be filed with the Village Clerk-Treasurer on forms provided by the Village Clerk-Treasurer. All applications must be filed by the property owner. Each applicant shall certify to the Village that the tourist rooming house included in the permit is in compliance with the provisions of this Chapter. No permit shall be issued unless the completed application form is accompanied by payment of the required fee.

(b) Each application for a new permit shall include the following information and documentation for each tourist rooming house:

(1) A nuisance response plan as described in Section 11-359.

(2) State of Wisconsin Department of Agriculture, Trade and Consumer Protection Permit for a tourist rooming house issued under Wis. Stats. § 97.605.

(3) A copy of a completed state lodging establishment inspection form dated within one year of the date of issuance or renewal.

(4) Proof of liability insurance. Such insurance shall be a commercial general liability, hotel or short-term rental policy that specifically covers liabilities arising from rental of the tourist rooming house for short-term rentals. The policy shall provide no less than $1,000,000.00 coverage, per occurrence. Claims-made coverage shall not be acceptable insurance under this Article.

(5) Seller's permit from the State of Wisconsin Department of Revenue.

(6) Floor plan and requested maximum occupancy.

(7) Site plan including available onsite parking.



(8) Local agent agreement reflecting the local agent's authority and acceptance of all responsibilities under this Article.

(9) Designation of the local agent.

(10) Any other information requested on the application form deemed necessary in the reasonable discretion of the Village Clerk-Treasurer to evaluate the application under this Article.

(c) Applications for renewal of a permit are not required to include the documentation for items listed in paragraphs (6) through (9) unless the information has changed from the preceding application.

( Ord. No. 2017-22 , § 1, 11-13-2017)

Sec. 11-355. - Terms and filing date.

Each permit shall run from July 1 through June 30 of the following year and shall not be transferrable to any other place or person. All applications must be filed by May 1 of each year. The filing fee shall be paid upon filing of the application. The Clerk-Treasurer may conditionally accept late applications, subject to payment of the late filing fee. Any application which does not include all of the information and documentation shall not be considered as complete.

( Ord. No. 2017-22 , § 1, 11-13-2017)

Sec. 11-356. - New application review procedure.

(a) Committee review. When satisfied that the application is complete, the Village Clerk-Treasurer shall forward initial applications for permits to the Public Safety Committee for review. The Clerk-Treasurer shall notify the owners of all properties lying within 300 feet of the property proposed as a tourist rooming house by regular mail that such application has been filed, the address of the proposed tourist rooming house and the date of the meeting at which the Public Safety Committee will review the application. Such notice shall be mailed no later than ten days prior to the meeting. If the application is filed 14 days or more prior to its next scheduled meeting, provided the application is complete, the application shall be considered at that meeting. Otherwise, the application, provided the application is complete, will be considered within 40 days of the filing date. The Public Safety Committee shall consider the application and supporting documents. If the Committee determines that the application meets the requirements of this Article it shall forward the application to the Village Board for approval. If the Committee determines that the application does not meet the requirements of this Chapter, it shall deny the application. Any denial or conditional approval by the Committee shall be in writing setting forth the reasons for the determination.

(b) Village Board. The Village Board shall consider the application and the recommendation of the Public Safety Committee at its next scheduled meeting. The Village Board may approve, approve with conditions, or deny the application. Any denial or conditional approval by the Village Board shall be in writing setting forth the reasons for the determination. No approval shall be effective until the tourist rooming house has been inspected by the Building Inspector and Fire Inspector and found to contain no violations affecting the health or safety of occupants within one year of the application or renewal application filed with the Village Clerk-Treasurer.

(c) Issuance. The Village Clerk-Treasurer shall issue a permit for each tourist rooming house approved by the Village Board, subject to any required inspections under subsection (b) and payment of taxes, assessments and claims under Section 11-1. The permit shall contain all of the following information:

(1) The name and address of the property owner.

(2) The name, address and phone number of the local agent.

(3) The maximum occupancy for the premises.



(4) The permit term.

(5) State lodging permit number.

(6) Contact information for the Village.

( Ord. No. 2017-22 , § 1, 11-13-2017)

Sec. 11-357. - Renewal.

(a) Upon receipt of any renewal application and determination that the application is complete, the Village Clerk-Treasurer shall request reports from the Police Department and the Director of Community Development regarding any complaints received, calls for service or actions taken regarding the permitted properties. The Clerk-Treasurer shall issue renewal permits within 45 days of the filing of the application unless the information provided is incomplete or otherwise not in compliance with the requirements of this Article or the reports from the Police Department and the Zoning Administrator indicate that there have been complaints or actions involving the property.

(b) If the Clerk-Treasurer finds that the permit should not be renewed because the application demonstrates that the requirements of Sections 11-352(b) and (c) and 11-354(a) and (b) are not met, or that due to complaints or actions during previous permit year, the application should be considered by the Public Safety Committee, the Clerk-Treasurer shall forward the application to the Public Safety Committee for action along with a written explanation of the reason for referral. Upon referral to the Public Safety Committee the procedures set forth in Section 11-356 shall apply.

( Ord. No. 2017-22 , § 1, 11-13-2017)

Sec. 11-358. - Inspections.

(a) Each separate unit which is offered for rental as a tourist rooming house is required to be inspected annually by the State and the Village Fire Inspector. If the State fails to inspect the tourist rooming house, the applicant may request that the Building Inspector conduct the inspection.

(b) If the Building Inspector conducts the inspection, the holder of the permit shall be responsible for payment of the inspection fees.

(c) If the Building Inspector or Fire Inspector at any time is unable to conduct an inspection due to denial of access, the tourist rooming house shall not operate until it has passed the inspection.

( Ord. No. 2017-22 , § 1, 11-13-2017)

Sec. 11-359. - Content of nuisance response plans.

Each nuisance response plan accompanying an application for a permit required by this chapter shall contain the following information and otherwise be in a form required by the Village Clerk-Treasurer:

(a) The mailing address and telephone number of the owner or owners of the residential dwelling unit or units to be used as a short-term vacation rental pursuant to the permit;

(b) The name, address and telephone number of the local agent(s) who will be available by telephone, and who will be responsible for promptly responding to or causing a prompt response to a nuisance complaint arising out of the occupancy or use of the short term rental by tenants, their visitors or their guests. For the purposes of this Section, a return telephone call to a complainant within 45 minutes of the initial complaint shall be deemed "prompt."

(1) No more than a total of three persons shall be designated in the response plan as a person responsible for responding to or causing a response to a nuisance complaint; and




(2) Only one such person shall be designated as the person responsible for responding to a nuisance complaint during any particular hours of the day, different days in a week, or different weeks of the year;

(3) Any such person designated shall have the powers of a local agent.

(c) The manner of responding to or causing a response to a nuisance complaint, including but not limited to the manner in which the complainant or complainants will be notified of the response and the method of documenting prompt responses and timely corrective action.

(d) The manner of assuring timely corrective action to remedy the conditions that caused the nuisance complaint. For the purposes of this chapter, "timely corrective action" shall include, at a minimum, a telephone call to the primary adult occupant of the short-term vacation rental within 30 minutes of the initial nuisance complaint.

(e) The proposed maximum number of overnight occupants.

(f) The number of off-street parking spaces and number of bedrooms available at the short-term vacation rental.

( Ord. No. 2017-22 , § 1, 11-13-2017)

Sec. 11-360. - Display of permit.

Each permit shall be displayed on the inside of the main entrance door of each tourist rooming house.

( Ord. No. 2017-22 , § 1, 11-13-2017)

Sec. 11-361. - Standards for tourist rooming houses.

Each tourist rooming house shall comply with all applicable Village ordinances and all the following requirements:

(a) Space, occupancy and parking. Each tourist rooming house shall have:

(1) Not less than one bathroom for every six occupants;

(2) Not less than 150 square feet of floor space for the first occupant thereof and at least an additional 100 square feet of floor space for every additional occupant thereof; the floor space shall be calculated on the basis of total habitable room area. Floor space is determined using interior measurements of each room. Floor space does not include kitchens, bathrooms, closets, garages, or rooms not meeting Uniform Dwelling Code requirements for occupancy.

(3) A maximum occupancy for any premises without a separate enclosed bedroom is two people;

(4) Not less than one and one-quarter onsite off-street parking spaces for every four occupants based upon maximum occupancy.

(b) Safety requirements. Each tourist rooming house shall have:

(1) A safe, unobstructed means of egress leading to safe, open space at ground level;

(2) Functional smoke detectors and carbon monoxide detectors in accordance with the requirements of Wis. Admin. Code Ch. SPS 362;

(3) No accessible wood burning fireplace unless the owner provides a certificate from a licensed commercial building inspector, dated not more than 30 days prior to submission, certifying that the fireplace and chimney have been inspected and are in compliance with



National Fire Prevention Association Fire Code Chapter 211 Standard for Chimneys, Fireplaces, Vents, and Solid Fuel-Burning Appliances.

(4) No hibachi, gas-fired grill, charcoal grill, or other similar devices used for cooking, heating, or any other purpose on any balcony, deck or under any overhanging structure or within ten feet of any structure.

(c) Orderly operation and use.

(1) The owner and local agent shall comply with all terms of an approved nuisance response plan.

(2) No tourist rooming house shall permit any number of daytime guests of renters in excess of 100 percent of the maximum occupancy limit of the tourist rooming house to be present on the property at any time.

(3) The owner shall require the primary overnight and daytime occupant of the tourist rooming house to be an adult 18 years of age or older. This adult shall provide a telephone number to the owner or local agent and shall be accessible to the owner or local agent by telephone at all times.

(4) Prior to occupancy, the owner or local agent shall obtain the name, address, and driver's license number or a copy of the passport of the primary adult occupant of the tourist rooming house. The owner shall require that adult to sign a formal acknowledgement that he or she is legally responsible for compliance of all occupants of the tourist rooming house or their guests with all provisions of this chapter. This information shall be readily available upon request of any police officer or employee of the city authorized to enforce this chapter or state law.

(5) Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection. The owner of the tourist rooming house shall provide sufficient trash collection containers and service to meet the demand of the occupants.

(6) Each lease or rental agreement for a tourist rooming house shall include the following terms, notifications and disclosures, which shall also be posted in a conspicuous location inside the unit:

a. The maximum number of overnight occupants and day use visitors that are permitted.

b. The number of off-street parking spaces that are provided.

c. Notification that on-street parking is extremely limited in some areas of the Village.

d. The trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash or refuse on the exterior of the property.

e. Notification that the occupant may be cited or fined by the Village or immediately evicted by the owner or local agent, in addition to any other remedies available at law, for violating any other provisions of this Article.

f. Notification that failure to conform to the occupancy requirements of the tourist rooming house is a violation of this Article.

g. Notification that amplified sound, including radios, televisions and other electronic devices are subject to the Village's noise regulations as set forth in Sections 20-58, 20-59, 20-77, 20-79 and 20-80, copies of which shall also be provided.

h. A recommendation that the occupant participate voluntarily in neighborhood quiet hours by avoiding parties and loud social events between the hours of 10:00 p.m. and 7:00 a.m.

i. The name of the owner of the unit, local agent and a telephone number at which at least one or the other may be reached at all times.

j. A copy of the "Good Neighbor Guidelines" which may from time to time be prepared by the permit administrator. These guidelines may include location-specific information, such as local speed limits and parking limitations.

k. A copy of this Article and Sections 20-58, 20-59, 20-77, 20-79 and 20-80 of the McFarland Municipal Code, as it may be amended from time to time.

(7) Upon receipt of a nuisance complaint or upon notification that any occupant or guest of the short-term vacation rental has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of the McFarland Municipal Code or any state law, the owner or local agent shall promptly respond and take timely corrective action to prevent a recurrence of such conduct by those occupants or guests. Failure of the owner or local agent to respond promptly or to take timely corrective action regarding the condition, operation, or conduct of occupants of the tourist rooming house shall be a violation of this chapter. An owner or local agent is not required or authorized to act as a peace officer or to intervene in situations that pose a risk to personal safety. The owner, or local agent, shall maintain records of the name, violation, date, and time of each complaint, disturbance, response and corrective action.

(8) The owner and local agent shall keep written records documenting compliance with all elements of the performance standards and the approved nuisance response plan.

( Ord. No. 2017-22 , § 1, 11-13-2017)

Sec. 11-362. - Taxes and fees.

The owner of a tourist rooming house shall pay room tax in accordance with Chapter 23, Article II, Division 6 of the McFarland Municipal Code. Fees under this Article shall be as established by the Village Board from time to time and set forth in Appendix A of this Code.

( Ord. No. 2017-22 , § 1, 11-13-2017)

Sec. 11-363. - Enforcement and penalties.

The following penalties shall be assessed for violations of this Article:

(a) A violation of Section 11-353 shall be punishable by a forfeiture of not less than $500.00, nor more than $1,000.00 for each violation committed hereunder.

(b) Any other violation of any provision of this Article shall be punishable by a forfeiture of not less than $100.00, nor more than $500.0 for each violation committed hereunder.

(c) In addition to any other penalty, any violation of this Article or any other applicable statute, regulation or ordinance may result in the suspension or revocation of the permit in accordance with Section 11-364 or any other procedure authorized by law.

(d) Penalties set forth in this section shall be in addition to all other remedies of injunction, abatement or costs whether existing under this Chapter or otherwise.

( Ord. No. 2017-22 , § 1, 11-13-2017)

Sec. 11-364. - Suspension and revocation.

(a) A permit issued under this Article may be suspended or revoked for the reasons set forth herein. For purposes of this subsection, "habitual" means two occurrences of any violation or combination of violations within any 12-month period or three such occurrences within any five-year period.




Violations include those committed by the owner, local agent, or any guest of the tourist rooming house.

(1) Habitual violations of Sections 11-359 or 11-361(c).

(2) Habitual violations of Sections 20-58, 20-59, 20-77, 20-79 or 20-80 of the McFarland Municipal Code.

(3) Habitual occurrences of any conduct on the premises that could be prosecuted under Wis. Stats. chs. 940 to 967 or local ordinance substantially similar thereto.

(4) Habitual violations of Sections 38-94, 38-98 or 38-128 of the McFarland Municipal Code.

(5) Habitual violations of any other local ordinance arising out of or connected to the operation of the tourist rooming house and that would tend to impair the peaceful use and enjoyment of other property in the neighborhood.

(6) Notwithstanding any other provision of this Section, the occurrence of any violation of local ordinance or state statute that causes or creates an imminent threat of death or substantial bodily harm to any person.

(b) A permit issued under this Article shall be suspended or revoked for any violation of this Article that establishes a fundamental conditions or prerequisite to the lawful operation of the tourist rooming house or the violation of any state or local statute, ordinance or regulation that relates to the health or safety of the occupants of a tourist rooming house.

(c) Procedure.

(1) Summary suspension. In the event the Building Inspector or Fire Inspector determines the tourist rooming house is in violation of any building or fire code that presents a substantial and imminent risk to the health or safety of occupants of the tourist rooming house an order for immediate suspension of the tourist rooming house permit shall be issued which shall be effective until such violation is corrected. Such order shall be served upon the owner or local agent in writing and shall include notice of the right to appeal such determination pursuant to Chapter 2, Article XI of the McFarland Municipal Code.

(2) Suspension or revocation after notice and hearing.

a. The Building Inspector, Chief of Police, or Village Administrator may, upon determining that grounds exist for suspension or revocation of a permit under this chapter, may commence proceedings therefor by serving a complaint upon the owner or local agent setting forth the grounds for such proceedings. Service of the complaint shall be obtained in the manner for service of civil complaints pursuant to Wis. Stats. § 801.11. The complaint shall be accompanied by notice stating that the owner shall, within 20 days of the date of service, file with the Village Clerk-Treasurer, an answer to the complaint admitting or denying the allegations in the complaint and if any allegations are denied, an explanation of the basis for denial.

b. Upon receipt of the answer, the Village Clerk-Treasurer shall provide notice to the owner of the date and time of a hearing before the Public Safety Committee at which evidence will be heard on all contested issues of fact and, if grounds for suspension or revocation are admitted or found, whether the Public Safety Committee will recommend to the Village Board whether the permit shall be suspended or revoked. The hearing shall be conducted in accordance with Section 2-996 of the McFarland Municipal Code. The Public Safety Committee shall make written findings of fact and conclusions of law supporting its recommendation which shall be based upon the documents and evidence presented at the hearing.

c. The Public Safety Committee in making its recommendation and the Village Board, in determining whether the permit shall be suspended or revoked, shall consider the purposes of this Article which shall include specific consideration of the following factors:

1. The seriousness of the offense or offenses.

2. The owner's actions and diligence in responding to violations.

3. The owner and local agent's cooperativeness with Village officers, agents and employees.

4. The history of the tourist rooming house operation.

d. If the Village Board determines the permit should be suspended, such suspension shall be for no less than 30 days, nor greater than 120 days.

e. The permit may be revoked if the Village Board determines that the owner has demonstrated an inability or unwillingness to ensure compliance with all applicable rules and regulations or the alleged violations are of such a serious nature that revocation is necessary to protect the public health or safety.

f. The Village Board's determination shall be considered a final determination under Section 2-997 and judicial review may be had pursuant to Section 2-998 of the McFarland Municipal Code.

(3) Costs. If the Village Board determines that the permit shall be suspended or revoked, the costs incurred by the Village in conducting the hearing shall be paid by the owner. An invoice for such costs shall be mailed to the owner at the address on the most current tax roll or as otherwise specified by the owner and if not paid, shall be placed on the tax roll as a special charge against the property upon which the tourist rooming house is operated pursuant to Wis. Stats. § 66.0627.

(d) This Subsection is not the exclusive procedure by which action may be taken that directly or effectively constitutes a suspension or revocation of a permit under this Article. The Village may pursue any other actions affecting the tourist rooming house authorized by law in addition to or in lieu of the remedies set forth herein.

( Ord. No. 2017-22 , § 1, 11-13-2017)




SECTION: Business


CONTACT:

AGENDA ITEM: Discussion and recommendation on alcohol license renewals for the period of July 1, 2018 through June 30, 2019.

PREVIOUS ACTION:

ISSUE SUMMARY:State Law and Village Ordinances require that all establishments that sell fermented malt beverages and intoxicating liquors to renew their license annually. The license period runs July 1 each year through June 30th.

The Police Department has reviewed criminal backgrounds for all officers and agents of submitted licenses and recommended approval.

The Police Department, Fire Department, and Building Inspector are still in the process of completing inspectors for all establishments to verify compliance with Village Ordinances, Fire Codes, and Building Codes. A full report on the compliance investigations will be made available at the Public Safety Committee meeting along with a report from Chief Sherven on alcohol related citations since the last renewal period.

FINANCIAL/BUDGET IMPACT:Permit fee revenues


ORDINANCE REFERENCE:Chapter 11 Article II of the Village Ordinances


ATTACHMENTS:1. Alcohol Establishment Listing 2018-20192. Sec._11_56.-11-60 Alcohol Licenses

LEGAL NAME D/B/A AGENT ADDRESS PHONE NUMBER LICENSE TYPE SELLERS PERMITKwik Trip Inc. Kwik Trip #766 Sheila Mickelson 4701 Farwell St (608) 838‐9011 Combo "Class A" ‐ $700 456‐0000287614‐03Loeder Oil Co., Inc. McFarland BP Daniel Loeder 4701 Burma Rd (608) 838‐4222 Combo "Class A" ‐ $700 456‐0000198621‐03Loeder Oil Co., Inc. Larson Beach BP Daniel Loeder 4800 Larson Beach Rd (608) 838‐4915 Combo "Class A" ‐ $700 456‐0000198621‐03Mangat Enterprises LLC Terminal Citgo Gurmail Mangat 4004 Terminal Dr (608) 838‐1158 Combo "Class A" ‐ $700 456‐0000112912‐03Monumental Enterprises Inc McFarland Liquor Patrick Machovec 4716 Farwell St (608) 838‐3157 Combo "Class A" ‐ $700 456‐0000477267‐03Ultra Mart Foods LLC Pick 'N Save #6394 TBD 5709 US HWY 51 (608) 838‐3604 Combo "Class A" ‐ $700 456‐0002831081‐06Walgreen Co Walgrees #10554 Dennis Hamada 4605 Larson Beach Rd (608) 838‐6829 Combo "Class A" ‐ $700 456‐0000455404‐05Angelo's Angelo's McFarland Susan Hubanks 4706 Farwell St (608) 838‐2233 Combo "Class B" ‐ $600 456‐1028272287‐02Byrne's McFarland Tavern LLC Byrne's McFarland Tavern Ashley Byrne 5915 Exchange St (608) 838‐6012 Combo "Class B" ‐ $600 456‐1028519199‐02Edwards‐Foye Post No. 534 of the American Legion American Legion Post 534 Michael Larson 4911 Burma Rd (608) 838‐3249 Combo "Class B" ‐ $600 456‐1025660387‐03Green Lantern Restaurant Inc. Green Lantern Restaurant Joy Wheeler 4412 Siggelkow Rd (608) 838‐4730 Combo "Class B" ‐ $600 456‐0000145647‐03Linda Borchardt Spartan Pizza 5813 Main St (608) 838‐8511 Combo "Class B" ‐ $600 456‐0000529922‐03Palenque Mexican Restaurant LLC Palenque Mexican Restaurant Andres Castellano 5906 US HWY 51 Combo "Class B" ‐ $600 456‐1028958615‐02Parkside Pub LTD Parkside Pub Joshua Lavik 5016 Erling Ave (608) 838‐6045 Combo "Class B" ‐ $600 456‐1026324900‐02Spartan Bowl Inc Spartan Bowl Robert Bloxham 4711 Farwell St (608) 838‐8014 Combo "Class B" ‐ $600 456‐0000497054‐03SWN Inc Maple Tree Restaurant Gary Seiler 6010 US HWY 51 (608) 838‐5888 Combo "Class B" ‐ $600 456‐0000050527‐03Hope Rod & Gun Club Hope Rod and Gun Club Joe Malkasian 3435 Siggelkow Rd (608) 838‐8517 Class "B" Beer ‐ $100 456‐0002301243‐02McFarland House Café Inc McFarland House Café Shaun O'Hearn 5923 Exchange St Class "B" Beer ‐ $100 456‐1029009439‐02McFarland House Café Inc McFarland House Café Shaun O'Hearn 5923 Exchange St Class "C" Wine ‐ $100 456‐1029009439‐02

Village of McFarlandAlcohol Licensing

July 1, 2018 - June 30, 2019

Sec. 11-56. - Application for license.

(a) General considerations.

(1) The Village Board is not required to grant all the licenses available. All applications are subject to an investigation and inspection by the Chief of Police and/or other appropriate authority to determine whether the applicant and/or premises to be licensed complies with all regulations, ordinances and laws applicable thereto. All licenses must be renewed annually. A license period is July 1 to June 30.

(2) Consideration for the granting or denial of a license will be based on:

a. Arrest and conviction record of the applicant, subject to the limitations imposed by Wis. Stats. §§ 111.321, 111.322 and 111.335, and Wis. Stats. § 125.12(1)(b);

b. The financial responsibility of the applicant;

c. The appropriateness of the location and the premises where the licensed business is to be conducted; and

d. Generally, the applicant's fitness for the trust to be reposed.

(3) If a licensee is convicted of an offense substantially related to the license activity, the Village Board may act to revoke or suspend the license.

(b) Contents. Application for a license to sell or deal in intoxicating liquor or fermented malt beverages shall be made in writing on the form prescribed by the Wisconsin Department of Revenue and shall be sworn to by an applicant as provided by Wis. Stats. §§ 887.01—887.04, and shall be filed with the Village Clerk-Treasurer not less than 15 days prior to the granting of such license. The premises shall be physically described to include every room and storage space to be covered by the license, including all rooms not separated by a solid wall or joined by connecting entrances.

(c) Application. The application for such licenses shall contain the following information verified under oath by the applicant:

(1) Address of the building for which the license is desired and the description including a diagram of the overall dimensions, seating arrangements, capacity and bar size of the premises therein, where fermented malt beverages or intoxicating liquors are to be sold.

(2) A statement that the applicant is a citizen of the United States, or a domestic corporation, limited liability company or limited liability partnership.

(3) A statement as to whether applicant or owner has ever been convicted of any felony or misdemeanor for violation of any federal laws, any state laws, any laws of any other states or ordinances of any municipality, or have any criminal charges presently pending and, if so, the number and the dates of such convictions and the penalty imposed.

(4) A statement as to whether the applicant or owner holds or has applied for any other "Class A," Class "A," "Class B" or Class "B" licenses for any other location within the state and, if so, the number of such licenses held or applied for by such applicant.

(5) A statement as to whether any other business other than the sale of fermented malt beverages, intoxicating liquor and soft drinks as herein defined is to be conducted on the premises sought to be licensed and, if so, a description of the nature of such business, but such information shall not be required in an application for an operator's license.

(6) A statement that the applicant is not acting as agent for or in the employ of another.

(7) If the application is a Class "B" or "Class B" license, a statement as to whether any brewer, bottler, wholesaler, or corporation, a majority of whose stock is owned by any brewer, bottler, or wholesaler has or intends to supply, furnish, lease, give, pay for, or take any chattel mortgage on any furniture, fixture, fittings, or equipment to be used in or about the premises covered by the application.

(8) If the application is made for a "Class B" or Class "B" license, a statement as to whether any brewer, bottler or wholesaler has advanced, paid or furnished the money for license fee, or intends to do so, or is financially interested in, directly or indirectly, the license for which application is made.

(9) The application shall contain the name, residence, and age of the applicant or owner. It shall also contain the name of the person whom a corporation or association shall designate as manager with the address of the same.

(10) Such application shall also contain such other reasonable and pertinent information as the Village Board may, from time to time, require.

(d) Corporations. Such application shall be filed and sworn to by the applicant of an individual, by the president and secretary, of a corporation, limited liability company or limited liability partnership.

(e) Publication. The Village Clerk-Treasurer shall publish each application for a Class "A," Class "B," "Class A," "Class B" or "Class C" license. There is no publication requirement for temporary Class "B" fermented malt beverage licenses under Wis. Stats. § 125.26(6), or temporary "Class B" wine licenses under Wis. Stats. § 125.51(10). The application shall be published once in the official Village newspaper, and the costs of publication shall be paid by the applicant at the time the application is filed, as determined under Wis. Stats. § 985.08.

(f) Amending application. Whenever anything occurs to change any fact set out in the application of any licensee, such licensee shall file with the issuing authority a notice in writing of such change within ten days after the occurrence thereof.

(Code 1998, § 7-2-6; Ord. No. 2003-02, §§ 82, 83, 1-27-2002; Ord. No. 2017-12 , §§ 64, 65, 6-26-2017)

State Law reference— General licensing requirements, Wis. Stats. § 125.04.

Sec. 11-57. - Qualifications of applicants and premises.

(a) Residence requirements. A retail Class "A" or Class "B" fermented malt beverage or "Class A" or "Class B" intoxicating liquor license shall be granted only to persons who are citizens of the United States and who have been residents of the state continuously for at least 90 days prior to the date of the application.

(b) Applicant to have malt beverage license. No retail "Class B" intoxicating liquor license shall be issued to any person who does not have or to whom is not issued a Class "B" retailer's license to sell fermented malt beverages.

(c) Right to premises. No applicant will be considered unless the applicant has the right to possession of the premises described in the application for the license period, by lease or by deed.

(d) Age of applicant. No Class "A," "Class A," Class "B" or "Class B" licenses shall be granted to any underage person as defined by the Wisconsin Statutes.

(e) Corporate restrictions.

(1) No license or permit may be issued to any corporation, limited liability company or limited liability partnership unless the entity meets the qualifications under Wis. Stats. § 125.04(a)1 and 4 and (b), unless the agent of the entity appointed under Wis. Stats. § 125.04(6) and the officers and directors, or members or managers, of the entity meet the qualifications of Wis. Stats. § 125.04(a)1 and 3 and (b) and unless the agent of the entity appointed under Wis. Stats. § 125.04(6) meets the qualifications under Wis. Stats. § 125.04(a)2 and 5(c). The requirement that the entity meet the qualifications under Wis. Stats. § 125.04(a)1 and (b) does not apply if the entity has terminated its relationship with all of the individuals whose actions directly contributed to the conviction.


(2) Each corporate applicant shall file with its application for such license a statement by its officers showing the name and addresses of the persons who are stockholders together with the amount of stock held by such person. It shall be the duty of each corporate applicant and licensee to file with the Village Clerk-Treasurer a statement of transfers of stock within 48 hours after such transfer of stock.

(3) Any license issued to a corporation, limited liability company or limited liability partnership may be revoked in the manner and under the procedure established in Wis. Stats. § 125.12, when more than 50 percent of the stock interest, legal or beneficial, in such corporation, limited liability company or limited liability partnership is held by any person not eligible for a license under this Article or under the state law.

(f) Separate license required for each place of sale. A separate license shall be required for each stand or place that is in direct connection or communication where intoxicating liquor or fermented malt beverages are kept, sold or offered for sale; and no license shall be issued to any person, firm, partnership, corporation or association for the purpose of possession, selling or offering for sale any intoxicating liquors or fermented malt beverages in any dwelling house, flat or residential apartment.

(g) License quotas.

(1) No more than the number of retail "Class B" licenses permitted under Wis. Stats. § 125.51(4), shall be granted by the Village.

(2) The Village may utilize the annual population estimate received from the Wisconsin Department of Administration Demographic Service Center or the Bureau of Census of the United States Government in determining quotas.

(h) Licensed premises.

(1) Licenses issued by the Village shall be for the structure itself and shall not confer any license or right to utilize property outside of the licensed structure. All sales of intoxicating liquors and fermented malt beverages within the Village shall be limited to and shall be made upon the premises described within the license granted by the Village Board. Specifically prohibited by this Section is the sale and delivery of alcohol beverages by food delivery services.

(2) The premises shall be subject to relicensing pursuant to the procedures in this Article if the owner wishes to expand the licensed premises.

(i) Issuance for sales in dwellings prohibited. No license shall be issued to any person for the purpose of possessing, selling, or offering for sale any alcohol beverages in any dwelling house, flat, or residential apartment.

(j) Delinquent taxes, assessments, etc.

(1) Premises. No initial or renewal alcohol beverage license shall be granted for any premises for which Village taxes, assessments, forfeitures, utility bills, garbage collection fees, sewer and water bills or other assessments or other claims to the Village are delinquent and unpaid.

(2) Persons. No initial or renewal alcohol license shall be granted to any person:

a. Delinquent in payment of any taxes, utility bills, garbage collection fees, sewer and water bills, assessments or other claims owned to the Village.

b. Delinquent in payment of a forfeiture resulting from a violation of any ordinance of the Village.

(k) Sales tax qualification. All applicants for retail licenses shall provide proof, as required by Wis. Stats. § 77.61(11), that they are in good standing for sales tax purposes (i.e., hold a seller's permit) before they may be issued licenses.

(l) Connecting premises. Except in the case of hotels, no person may hold both a "Class A" license and either a "Class B" license or permit, a Class "B" license or permit, or a "Class C" license for the same premises or for connecting premises. Except for hotels, if either type of license or permit is issued for

the same or connecting premises already covered by the other type of license or permit, the license or permit last issued is void. If both licenses or permits are issued simultaneously, both are void.

(m) Limitations on other business; Class "B" premises. No Class "B" license or permit may be granted for any premises where any other business is conducted in connection with the premises, except that this restriction does not apply if the premises for which the Class "B" license or permit is issued is connected to premises where other business is conducted by a secondary doorway that serves as a safety exit and is not the primary entrance to the Class "B" premises. No other business may be conducted on premises operating under a Class "B" license or permit. These restrictions do not apply to any of the following:

(1) A hotel.

(2) A restaurant, whether or not it is a part of or located in any mercantile establishment.

(3) A combination grocery store and tavern.

(4) A combination sporting goods store and tavern in towns, villages and fourth-class cities.

(5) A combination novelty store and tavern.

(6) A bowling alley or recreation premises.

(7) A club, society or lodge that has been in existence for six months or more prior to the date of filing application for the Class "B" license or permit.

(Code 1998, § 7-2-7; Ord. No. 2003-02, § 84, 1-27-2002; Ord. No. 2017-12 , § 66, 6-26-2017)

Sec. 11-58. - Investigation; approval of application.

(a) The Village Clerk-Treasurer shall notify the Chief of Police, Fire Inspector and Building Inspector of each new or renewal application, and these officials shall inspect or cause to be inspected each application and the premises, together with such other investigation as shall be necessary to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto, including those governing sanitation in restaurants, and whether the applicant is a proper recipient of a license. The Police Department shall conduct an investigation of the applicant, including, but not limited to, requesting information from the state, surrounding municipalities, and/or any community where the applicant has previously resided concerning the applicant's arrest and conviction record. The report of the Police Department shall include any and all incidents relating in any manner to the premises sought to be licensed, whether or not the incident led to any official action against the premises or its licensee. These officials shall furnish a report to the Village Clerk-Treasurer in writing, who shall forward to the Village Board and the Public Safety Committee, the information derived from such investigation accompanied by a recommendation as to whether a license should be granted or refused. No license shall be renewed without a re-inspection of the premises and report as originally required.

(b) The Chief of Police is required to maintain records of any and all incidents in any way related to the licensed premises, whether or not there was actual prosecution and/or conviction.

(c) If the inspecting officials recommend the denial of the application, the applicant shall be notified by the Village Clerk-Treasurer prior to the Public Safety Committee hearing at which the application is to be considered. The notice shall set forth the basis for such recommendation and inform the applicant of the opportunity to appear before the Public Safety Committee and to provide evidence as to why the application should be approved. The Public Safety Committee shall make an advisory recommendation to the Village Board on the advisability of granting such license.

(d) In determining whether to grant such license, consideration shall be given to the arrest and conviction record of the applicant, subject to the limitations imposed by Wis. Stats. §§ 111.321, 111.322 and 111.335 and Wis. Stats. § 125.12(1)(b); financial responsibility of the applicant, the appropriateness of the location and premises where such licensed business is to be conducted, and


generally the applicant's fitness for the trust to be reported. An application may be denied based upon the applicant's arrest and conviction record if the applicant has been convicted of a felony (unless duly pardoned) or if the applicant has habitually been a law offender. For purposes of this licensing procedure, "habitually been a law offender" is generally considered to be an arrest or conviction of at least two offenses that are substantially related to the licensed activity within the five years immediately preceding the license application. Because a license is a privilege, the issuance of which is a right granted solely to the Village Board, the Village Board, and the Public Safety Committee in making its recommendation, reserves the right to consider the severity and facts and circumstances of the offense when making the determination to grant, deny or not renew a license.

(e) If the Village Board denies the license, the applicant shall be notified in writing, by certified mail or personal service, of the reasons for the denial. The notice shall also inform the applicant of the opportunity to appear before the Village Board and to provide evidence as to why the denial should be reversed. Such written notice shall be mailed or served upon the applicant at least ten days prior to the Village Board meeting at which the application is to be reconsidered. If, upon reconsideration, the Village Board again denies the application, the Village Clerk-Treasurer shall notify the applicant in writing of the reasons therefor. An applicant who is denied any license upon reconsideration of the matter may apply to Circuit Court pursuant to Wis. Stats. § 125.12(2)(d), for review.

(Code 1998, § 7-2-8; Ord. No. 2003-02, §§ 85—87, 1-27-2002; Ord. No. 2017-12 , §§ 67—69, 6-26-2017)

Sec. 11-59. - Additional application considerations.

(a) Applicant and premises. In determining the suitability of an applicant, consideration shall be given to the moral character and financial responsibility of the applicant, the appropriateness of the location and premises proposed and generally the applicant's fitness for the trust to be reposed.

(b) Health and sanitation regulations. No license shall be issued unless the premises conform to the sanitary, safety and health requirements of the Wisconsin Building Code, Wisconsin Plumbing Code, and the regulations of the Wisconsin Department of Health and Family Services applicable to restaurants. The premises must be properly lighted and ventilated, must be equipped with separate sanitary toilet and lavatory facilities equipped with running water for each sex and must conform to all ordinances of the Village.

(Code 1998, § 7-2-9)

Sec. 11-60. - Granting of license.

Opportunity shall be given by the governing body to any person to be heard for or against the granting of any license. Upon the approval of the applicant by the Village Board, the Village Clerk-Treasurer shall issue to the applicant a license, upon payment by the applicant of the license fee to the Village.

(Code 1998, § 7-2-10; Ord. No. 2003-02, § 88, 1-27-2002; Ord. No. 2017-12 , § 70, 6-26-2017)





SECTION: Business


CONTACT:

AGENDA ITEM: Discussion and recommendation to the Village Board on cigarette and tobacco license application renewals for the period of July 1, 2018 through June 30, 2019.

PREVIOUS ACTION:

ISSUE SUMMARY:State Law and Village Ordinances require that all businesses that sell cigarettes, tobacco, and nicotine products to renew their license annually. The license period runs July 1 each year through June 30th.

FINANCIAL/BUDGET IMPACT:Permit fee revenues


ORDINANCE REFERENCE:Chapter 11 Article II of the Village Ordinances


ATTACHMENTS:1. Tobacco Establishment Listing 2018-2019 - Tobacco2. ARTICLE_III.___CIGARETTES__TOBACCO_PRODUCTS_AND_NICOTINE_PRODUCTS

LEGAL NAME D/B/A ADDRESS PHONE NUMBER LICENSE TYPE SELLERS PERMITDolgencorp, LLC Dollar General # 10543 5712 US HWY 51 (615) 855‐4000 Tobacco License ‐ $100 456‐00002088145‐05Loeder Oil Co., Inc. McFarland BP 4701 Burma Rd (608) 838‐4222 Tobacco License ‐ $100 456‐0000198621‐03Loeder Oil Co., Inc. Larson Beach BP 4800 Larson Beach Rd (608) 838‐4915 Tobacco License ‐ $100 456‐0000198621‐03Mangat Enterprises LLC Terminal Citgo 4004 Terminal Dr (608) 838‐1158 Tobacco License ‐ $100 456‐0000112912‐03McFarland House Café Inc McFarland House Café 5923 Exchange St Tobacco License ‐ $100 456‐1029009439‐02Ultra Mart Foods LLC Pick 'N Save #6394 5709 US HWY 51 (608) 838‐3604 Tobacco License ‐ $100 456‐0002831081‐06Walgreen Co Walgrees #10554 4605 Larson Beach Rd (608) 838‐6829 Tobacco License ‐ $100 456‐0000455404‐05

Village of McFarlandTobacco Licensing

July 1, 2018 - June 30, 2019

ARTICLE III. - CIGARETTES, TOBACCO PRODUCTS AND NICOTINE PRODUCTS[2]

Footnotes:

--- (2) ---

Editor's note— Ord. No. 2017-08 , § 3, adopted March 13, 2017, changed the title of Art. III from "Cigarettes and Tobacco Products" to read as herein set out.

State Law reference— Cigarette and tobacco products retailer license, Wis. Stats. § 134.65.

Sec. 11-98. - License required.

No person shall, in any manner, or upon any pretense, or by any device, directly or indirectly, upon any premises, or by any device, sell, expose for sale, possess with intent to sell, exchange, barter, dispose of or give away, or keep for sale, any cigarette, cigarette paper or cigarette wrappers, tobacco product, nicotine product or any substitute therefor, without first obtaining a license as hereinafter provided.

(Code 1998, § 7-3-1(a); Ord. No. 2017-08 , § 4, 3-13-2017)

State Law reference— Cigarette and tobacco products license, Wis. Stats. § 134.65.

Sec. 11-99. - Application for license, fee.

Every person, firm or corporation desiring a license under this Section shall file with the Village Clerk-Treasurer a written application, stating the name of the person and the place for which such license is desired. Each license shall be filed by the Village Clerk-Treasurer and shall name the licensee and the place such licensee is authorized to conduct such business, and the same shall not be delivered until the applicant shall pay to the Village Clerk-Treasurer the license fee established by the Village Board from time to time and provided in Appendix A to this Code.

(Code 1998, § 7-3-1(b); Ord. No. 98-20, § 2, 12-14-1998; Ord. No. 2003-02, § 106, 1-27-2002; Ord. No. 2017-12 , § 86, 6-26-2017)

State Law reference— License application and fee, nontransferable, Wis. Stats. § 134.65(2)(b), (3).

Sec. 11-100. - Issuance, conditions and term of license.

(a) Such licenses shall be issued by the Village Clerk-Treasurer.

(b) The licensee shall comply with the restrictions and training requirements set forth in Wis. Stats. § 134.66.

(c) Each license shall be issued on July 1 in each year, or thereafter whenever applied for, and shall continue in force from date of issuance until the succeeding June 30 unless sooner revoked for any violation of this Section.

(Code 1998, § 7-3-1(c); Ord. No. 2003-02, § 107, 1-27-2002; Ord. No. 2017-08 , § 5, 3-13-2017; Ord. No. 2017-12 , § 87, 6-26-2017)






Editor's note— Ord. No. 2017-08 , § 5, adopted March 13, 2017, changed the title of § 11-100 from "Issuance and term of license" to read as herein set out.

State Law reference— Issuance, records to be kept, penalty for violations, Wis. Stats. § 134.65(4), (5).

Secs. 11-101—11-128. - Reserved.


village of mcfarland committee public safety8b0accc3-d9e1... · 09-05-2018 · ordinance was...

Documents