Sponsor
Aldermen Maack and Helding
Title
Ordinance No. 41-06
To create Section 6-19 of the Municipal Code of the City of Racine, Wisconsin relating to Alcohol beverages - licensee responsibility for the control of patrons on the licensee's building lot and parking lot.
The Common Council of the City of Racine do ordain as follows:
Part 1:
Section 6-19 of the Municipal Code of the City of Racine is hereby created to read as follows:
"Sec. 6-19. Off-licensed premises conduct of patrons and persons as a basis for disciplinary actions.
A. Purpose.
The purpose of this ordinance is to protect the peace, tranquility and property values of the neighborhood in which a Class "A", "Class A", Class "B", "Class B", or "Class C" (if available) premise licensed under this ordinance is located.
B. Responsibility of licensee.
Over and above the other provisions of this chapter and chapter 125, Wis. Stat., every Class "A", "Class A", Class "B", "Class B", or "Class C" (if available) licensee licensed under this chapter shall, during hours of operation of the licensed premises, be responsible for the conduct of patrons and persons who are not on the licensed premises, but are present on the following described off-licensed premises' property:
1. Parking lot owned or operated by licensee which serves the licensed premises;
2. The lot upon which the building being the subject of the license or parking lot serving the licensed premises is situated;
Examples of conduct which could form the basis for an order hereunder include, but are not limited to:
3. Loitering where accompanied by loud noise, threats, fighting, open intoxicants, consumption of intoxicants, weapons use or display, illegal drug use or sale, urination, or otherwise disturbing, disorderly, or illegal conduct;
4. Loitering of persons under the influence of alcohol beverage or drugs.
The licensee shall be responsible to monitor off-licensed premises property for compliance with this ordinance. The licensee shall have a duty to direct patrons or persons engaged in loitering to immediately leave property. The licensee is not to use physical force to remove any such person or patron. Should notified persons and patrons fail to comply, licensee shall have an obligation to call the city police department for assistance. The licensee may elect to first call the police department if the licensee has concern for their safety.
"Licensee" shall mean and include any person having control of the operation of the licensed premises.
C. Complaints.
Complaints may be made by the mayor, common council, committee, State of Wisconsin, an alderperson, police chief, city attorney, and any resident of the City of Racine.
Complaints shall be made in writing and filed with the city clerk. The city clerk shall direct the complaint to the chair of the Public Safety and Licensing Committee. With respect to complaints of illegal drug use or sale, the city clerk shall not direct the complaint to the committee until first consulting with the police department and receiving a determination that the review of the complaint by the committee will not interfere with a law enforcement investigation. The chair shall review the complaint and any other documentation available to the chair, including, but not limited to, police reports and statements of the complainant, licensee, or others, to determine whether the complaint has sufficient merit to be placed on the committee agenda.
D. Committee action on complaint.
The committee shall order the licensee to appear before it to discuss the complaint and potential remedies. After hearing from the complainant, licensee and all interested parties, and reviewing all applicable reports, statements and documentation, the committee shall have four (4) options:
1. No action taken. No action shall be taken on the complaint if it is unfounded, without merit, or if the alleged conduct is outside of the effective control of the licensee.
2. Oral recommendations. Oral recommendations may be given from the committee to the licensee on how the licensee could address the issues raised in the complaint.
3. Written recommendations. If the committee finds that the complaint has merit and that a reasonable remedy exists, the committee may cause a written recommendation be sent to licensee through the U.S. mail, first class, postage prepaid. The written recommendation shall include the committee's finding on the complaint, the remedies, the timetable and/or deadlines for compliance, and an order to appear back before the committee on a specific date or dates to determine compliance with directives. The only portion of the written recommendation which would subject the licensee to discipline for noncompliance is that portion ordering the licensee to appear before the committee.
4. Orders. If the committee finds the complaint has merit, and that a reasonable remedy exists, and that written recommendations are inappropriate or ineffective, the committee may recommend to the common council that formal orders be issued by the common council. Unless otherwise stated, orders are permanent, unless rescinded, as long as the licensee maintains the same type of license at the location being the subject of the complaint. Orders may include, but are not limited to, the following remedial actions.
1. Reduction in hours of operation of licensed premises;
2. Prohibition of the sale of carryout alcohol beverages;
3. Establishment of specified security measures;
4. Prohibition of loitering.
E. Common Council action on complaint. Upon recommendation by the committee for written orders as provided herein, the common council shall order the licensee to appear before the common council. After meaningful opportunity for the licensee to be heard, the common council shall issue the order that it deems appropriate. Orders from the common council will be sent to the licensee at the address of the licensed premises by first class mail, postage prepaid.
F. Committee review. After orders issued by the common council, the committee shall conduct such reviews as it deems necessary and sufficient in order to monitor compliance by licensee with the orders. If at any review it appears to the committee that the licensee is materially noncompliant, it may require the city attorney to commence formal disciplinary proceedings for violation of the orders.
G. Violations. Violations of a final order of the common council, regardless of subsequent remedial measures, shall constitute grounds for disciplinary action, including a ten (10) day suspension per violation of noncompliance."
Part 2:
This ordinance shall take effect upon passage and the day after publication.
Passed by the Common Council:
_________________________
Approved: ________________
__________________________
Mayor
Attest: ____________________
City Clerk
Fiscal Note: N/A