OFFICIAL NOTICE AND AGENDA Notice is hereby given that a public meeting will be held on the date, time and location shown below. Upon attaining a quorum of members, only items listed on the agenda shown below will be considered.
3 Members Physically Present to meet Quorum
Regular / Special Meeting: LEGISLATIVE & LICENSING COMMITTEE Date & Time: Tuesday, May 21, 2019 @ 7:00 p.m. Location: Brookfield City Hall, 2000 N Calhoun Rd, Seligenstadt (Main) Conference Room Members (5): Aldermen: Gary Mahkorn (Chair), Brad Blumer, Bill Carnell, Buck Jurken, Jeff McCarthy
***All actions on licenses subject to further administrative approvals*** ***All approvals of alcohol licenses are subject to payment of delinquent taxes & liquor bills***
1. Roll Call
2. Announcements a. The next regularly scheduled meeting: Tuesday, June 4, 2019.
3. Minutes a. Consideration of the May 7, 2019 minutes.
4. Old Business a. Resolution regarding an Original Bartender License for an applicant with a record less than 18 months: Jacqueline Flood.
5. New Business a. Ordinance amending 10.24.010, 10.24.020, and 10.24.080; Subsections 10.24.060.A, 10.24.060.B, 10.24.070.B, 10.24.070.C, and 10.24.070.D; Repealing and Recreating Section 10.24.050; and Creating Section 10.24.090 of the Brookfield Municipal Code regarding Junked or Abandoned Vehicles.
b. Ordinance repealing and recreating Chapter 8.36 of the Brookfield Municipal Code regarding Open Burning and Recreational Fires.
c. Resolution regarding an agreement between the City of Brookfield and Brookfield Village, LTD to hold a monthly event called the Brookfield Beer Garden.
d. Resolution regarding applicants for Original Bartender/Operator’s Licenses.
Hart, Kyle M. Schisel, Devin J. Porteous, Karen J. Young, Joshua M.
e. Resolution regarding applicants for Renewal Bartender/Operator’s Licenses.
Bruss, Bonita A. Kussard, Jennifer Sheaffer-Jepsen, Julie A. Cannon, Christine P. Peters, Mark R. Sullivan, Laurence J. Cannon, Michael L. Pleuss, Erik R. Thornton, Terri G. Cashill, Phillip C. Priebe, Paula A. Trujillo, Lisa M. Gregory, Guy C. Randall, Lisa M. Wallace, Sharone R. Hansen, Jeffrey J. Reich, Linda M. Wiedmeyer, Bryan J. Koester, Rachel V. Ryan, Cheryl A.
f. Resolution regarding applicants for Renewal Alcohol Licenses.
CLASS B BEER
124th Street Inc; d/b/a: Brookfield Place BP 3075 N. 124th Street; Agent: Didar Singh
Chipotle Mexican Grill of Colorado LLC; d/b/a: Chipotle Mexican Grill 15375 W. Bluemound Road; Agent: Brian J. Bushaw
The Ponds of Brookfield LLC; d/b/a: The Ponds of Brookfield 2810 N. Calhoun Road; Agent: Robert R. Perry
CLASS B BEER & C WINE
Café Manna LLC; d/b/a: Café Manna 3815 N. Brookfield Road, Suite 100; Agent: Robin S. Kasch
CLASS A BEER & LIQUOR
Brook-Falls Discount Wine & Spirits LLC; d/b/a: Brook-Falls Discount Wine & Spirits 14835 W. Lisbon Road; Agent: Kulwinder K. Khera
Sendik’s Market Elmbrook Inc.; d/b/a: Piggly Wiggly #118 2315 N. 124th Street; Agent: Anthony B. Sendik
Sendik’s Fine Foods Inc.; d/b/a: Sendik’s Fine Foods 18985 W. Capitol Drive; Agent: Thomas Balistreri III
Sukh Corporation; d/b/a: Westbrook Beverage Center 13430 W. Greenfield Avenue; Agent: Sukhpreet Kaur
May 21, 2019 Legislative & Licensing Committee Pg 2 of 4 Cost Plus Inc.; d/b/a: World Market 625 Main Street; Agent: Cynthia Sayles-Albers
CLASS B BEER & LIQUOR
Bluemound Bowl & Entertainment Center LLc d/b/a: Bluemound Bowl 12935 W. Bluemound Road; Agent: Henry T. Posnanski
Bougey’s Bar & Grill LLC; d/b/a: Bougey’s Bar & Grill 16760 W. Greenfield Avenue; Agent: Gareth E. Trinko
Boulder Junction Inc.; d/b/a: Boulder Junction 12550 W. Burleigh Road; Agent: Josephine Militello
Brunch BKD LLC; d/b/a: Brunch 18895 W. Capitol Drive, Suite 103; Agent: Morgan K. Sampson
Butch’s Co. Inc.; d/b/a: Butch’s Red Mill 1005 S. Elm Grove Road; Agent: Bernard E. Schettle
Aimbridge Concessions Inc.; d/b/a: Doubletree Milwaukee/Brookfield 18155 W. Bluemound Road; Agent: Brittany Stockfisch
Elite Sports Club-Brookfield Inc.; d/b/a: Elite Sports Club-Brookfield 13825 W. Burleigh Road; Agent: Kay E. Yuspeh
Brookfield Hotel Limited Partnership d/b/a: Embassy Suites Milwaukee Brookfield 1200 S. Moorland Road; Agent: Mike D. Haddad
New Fujiyama Brookfield LLC; d/b/a: Fujiyama 17395D W. Bluemound Road; Agent: Xuelong Zhang
Marty’s Brookfield Inc.; d/b/a: Marty’s Pizza 16680 W. Bluemound Road; Agent: Edward H. Bautz
McZars IV LLC; d/b/a: Slim McGinn’s Irish Pub 14735 W. Lisbon Road; Agent: Julie L. Baker
New Taste of India II LLC; d/b/a: Taste of India 17115 W. Bluemound Road; Agent: Manjit Singh
Crepelove LLC; d/b/a: Vino Cappuccino 2848 N. Brookfield Road; Agent: Andreas Protopapas
May 21, 2019 Legislative & Licensing Committee Pg 3 of 4 RESERVE CLASS B BEER & LIQUOR
Krause Properties LLC; d/b/a: Krause Food Service 21600 W. Capitol Drive; Agent: Mark J. Krause
g. Temporary Class B Retailer’s Licenses.
Brookfield Village Ltd 2848 N Brookfield Road, Suite 4 Brookfield Beer Garden June 20, 2019 – 4 pm to 9 pm July 18, 2019 – 4 pm to 9 pm August 29, 2019 – 4 pm to 9 pm September 21, 2019 – 4 pm to 9 pm Beer sold/served from parking lot (18725 Hoffman Avenue) Bartender: Jeffrey Hansen
6. Adjournment.
Kelly Michaels, City Clerk Date/Time Notice Posted: 5/17/2019 @ 2:00 pm
Any person who has a qualifying disability as defined by the Americans with Disability Act that requires the meetings or materials be in an accessible location or format, contact the City Clerk at (262) 782-9650 or 2000 North Calhoun Road, for accommodations. Requests for accommodations for meetings should be made at least 3 business days in advance of the meeting. Every effort will be made to arrange accommodations for all meetings.
Note: 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 in this notice.
May 21, 2019 Legislative & Licensing Committee Pg 4 of 4 MINUTES OF A REGULAR MEETING OF THE LEGISLATIVE & LICENSING COMMITTEE HELD ON TUESDAY, MAY 7, 2019 AT 6:30 P.M. IN THE SELIGENSTADT (MAIN) CONFERENCE ROOM, 2000 NORTH CALHOUN ROAD, BROOKFIELD, WISCONSIN
ALDERMAN GARY MAHKORN PRESIDING
MEMBERS PRESENT: Alderman Brad Blumer, Alderman Bill Carnell, Alderman Buck Jurken, Alderman Gary Mahkorn, Alderman Jeff McCarthy
OTHERS PRESENT: City Attorney Jenna Merten, City Clerk Kelly Michaels, Community Development Director Dan Ertl, Alderman Scott Berg, Shawn DeMain, Christine DeMain, Luke Larson, Brian Schecterle
1. Chairman Mahkorn noted a quorum was present and called the Legislative & Licensing Committee to order at 6:30 p.m.
Items were taken out of agenda order.
4. Presentation by Shawn DeMain re: XGolf.
Shawn DeMain, Christine DeMain, Luke Larson and Brian Schecterle appeared before the committee and introductions were made.
Mr. DeMain summarized the business plan of XGolf. He gave a short background history on the members present.
Mr. DeMain indicated he wanted to address the issue of underutilization of a Class B Liquor license that they wish to apply for. They cannot compare their sales of liquor to that of a TGIFriday’s or a big chain restaurant. From a business standpoint, a large restaurant will have higher revenue in liquor sales but it is a dispersement of revenue that is already there. In other words, revenue from liquor sales is spread among all the restaurants in the city. In the case of XGolf, we are bringing in new revenue which will have a benefit for the city. He indicated XGolf is a one million dollar investment. Mr. DeMain acknowledged the committee’s concerns with underutilization of licenses that fall under the state quota and noted the ‘board and brush’ type businesses as an example. He noted there are 15 XGolf locations and all are doing well. He feels people want the golf course experience year round. The business will have cart girls mixing the drinks. They want to be an indoor golf experience. From a business model standpoint, there will be a bar in the middle, simple prepared limited menu food options and simulators around the perimeter. They will be the largest XGolf in existence with seven full simulators. The back corner will include a teaching simulator. They are licensed as a teaching facility and
are looking to hire a head PGA professional to give lessons. He explained that the business model will be more robust in the winter months, which will be their primary operating time. Although, they do have plans to bring people in during the warmer months. The simulators are the best in the market and target the serious golfer.
Mr. Larson added they also offer leagues where other XGolf locations compete against each other. He noted this is a unique business to the City of Brookfield, which does not exist in Wisconsin. They want Brookfield to be ‘ground zero’ for this type of industry. Currently, there are 15 XGolf locations, by the end of the year there will be 26 locations. This type of business is ‘going crazy’. He noted the Green Bay Packers announced they are putting a similar concept in the Title-town District in Green Bay. People want this type of business. Another reason they want to be in Brookfield is that this area is ‘golf crazy’. To open an XGolf location, there must be at least 15 golf courses within 20 miles of your location. There are 70 golf courses within 20 miles of Brookfield. They want to make Brookfield the ‘hub’, because of population and wealth. He added that they are investing 30% more money in this location than any other XGolf location.
Alderman Mahkorn questioned ‘why’ Brookfield. Mr. Larson answered it was due to the wealth of residents and noted they might want a classier experience. He noted he and Mr. DeMain are in industry’s that do significant entertaining of clients. They do not have many options of places to take clients other than restaurants or Brewer games. This would add another entertainment option. He stated he has 2 clients already interested in the XGolf experience.
Mr. DeMain explained that Mr. Larson is on the business-to-business sales side and he is on retail and wealth side of the business. They are constantly holding events where Mr. DeMain handles the expenses. He feels this XGolf is a ‘higher end’ business that offers a larger bar and space that would differentiate them from other XGolf locations. There will be seating for 13 to 15 at the bar; a clubroom for meetings, tables will be placed behind the simulators. Alderman Mahkorn questioned if this is set up is significantly different from the other XGolf designs across the country. Mr. DeMain stated the size of the bar is significantly different. We are not a business that will draw a crowd that wants to go out and drink for a few hours. We want people to come in for a drink before and/or after their tee time.
Alderman Mahkorn asked if the other XGolf locations around the country also cater to corporate clientele. Mr. DeMain replied not to the extent the location in Brookfield will. Alderman Mahkorn asked what type of research was done by the applicants to decide on this type of venture. Mr. DeMain noted the research stopped with the three locations Mr. Larson personally operates. Mr. DeMain noted he has 42 wealth advisors on his team that are running events for clients or mutual fund companies. He feels he has 15 to 20 events per month, but not all will be services by the Brookfield location. Alderman Mahkorn said the business sounds like a nice idea and you have some backing behind it. Mr. DeMain stated he personally knows people who operate some XGolf locations in Michigan. They were driving to visit
May 7, 2019 Legislative & Licensing Committee Page 2
one location and could not get in, as they were booked full. This was during the peak winter season. They want to sell to the off-season patron.
Alderman Mahkorn expressed concern that in Wisconsin there is very strict licensing, especially with Class B licenses. The city scrutinizes the Class B licenses, in a fair way, but utilize criteria to see where we get the ‘best bang for our buck’. He asked what are the business operations like for XGolf locations in the colder regions of the US when it is July. Mr. DeMain said it is important that to get the right PGA Pro. The right pro will book a large group of clients that will come in during the off- season. The other aspect is the availability of golf leagues during the off-season for people who work different hours or shifts. The Michigan leagues maintain 100% occupancy through the off-season. He noted his hours of operation would be 9 a.m. to midnight during the on-season. For the off-season, they want to look at their business experience and listen to what the market tells them. We plan to be open 7 days a week at the Brookfield location. They want to double the revenue during the off-season; therefore, they want to be very busy during the off-season.
Alderman Mahkorn questioned how long the planning for this business has been in the works for this location. Mr. DeMain stated it has been about 2 years. Any business is a risk, but he believes they are hitting a market that is ‘untapped’; where there is a lot of desire and money. Alderman Mahkorn asked what the breakdown of beer/wine sales versus hard liquor were. Mr. DeMain noted that he can only provide projections based on others, however liquor is 35% and beer sales are 65% of total alcohol sales at other locations. Alderman Mahkorn thanked him for being honest with sales projections, as the committee had ‘done their homework’ and found the same results.
Mr. DeMain added another thing that will help them are the connections they both have. There will be VIP/COI type pre-open events. He figured there would be 30% occupancy through the simulators. They are actually running 40% to 45% so if this holds true for them, this business plan looks better. Mr. DeMain explained simulator occupancy means that they look at all the hours the business is open and simulators could be rented. The busiest XGolf is in Grand Rapids, MN, with simulator occupancy at 41% last year. His projections were based on 30% occupancy ratio, which is conservative. He added that he was working with a banker who has 26 years’ experience and was given the fastest SP loan approval she has ever seen. It took them 30 hours to get a million dollar loan approval. He feels his research and data is sound. He feels confident this business plan will work, the license will be utilized the right way and they will bring value to Brookfield.
Alderman Jurken questioned where the potential site for the business is located in Brookfield. Mr. DeMain said it is at the corner of 124th Street and Capitol Drive on Feerick Street. Alderman Carnell asked if they are building a new building. Mr. DeMain said the building is already there. The building has three sections, the Goldfish Swim School, Game Show Battle Rooms and they would be taking over the third section of the building. He noted that all three businesses were the first to market their business plan.
May 7, 2019 Legislative & Licensing Committee Page 3
Alderman McCarthy asked if there were any concerns with parking specifically whether there would be enough parking if multiple tenants packed with patrons.
Brian Schecterle, the owner of the building answered they have the luxury of using 126th Street, Feerick Street and parking along the curb. On weekends, they have the use of the light industrial/office parking lots. He has parked in these lots and has not received any complaints. Mr. Schecterle noted he has two Culver’s restaurants in the Brookfield area, one at 20013 W. Capitol and one at 3075 N. 124th Street near Game Show Battle Rooms. Over the years, he has thought about these type of businesses surviving. Adventure Rock has many independent people go in to climb for activity, health and fitness but it benefits his restaurant tremendously on certain days when they close down and have corporate events. It is team building. The same with Game Show Battle Rooms, where real estate brokers are thrilled with their success due to the corporate events held at the site. He feels XGolf is focused on corporate events as well.
Dan Ertl commented that he understands the committee normally does not address parking issues. When there is a parking demand that exceeds parking supply, he encourages property owners, tenants and employees to park off premise, if necessary. This is the case for many businesses in the 124th Street Industrial District.
Alderman Mahkorn stated that the committee appreciates XGolf coming in to present their business plan to the committee. He noted the presentation has been helpful and gives the committee a better understanding but did not believe it would be appropriate for them to give them any direction as to whether they would give them a full liquor license without an application to consider.
City Clerk Michaels questioned the target date to open the business. Mr. DeMain stated September 1, 2019. Clerk Michaels asked Mr. DeMain to explain what would happen should they not be granted a Class B Beer and Liquor License. Mr. DeMain answered that the franchise is very firm on needing the full liquor license or the deal is dead. He indicated there is at least one business that has the Beer and Wine License however, he believed they were open prior to the Franchiser making the rule of having a full liquor license requirement.
Clerk Michaels noted the City currently has seven (7) Reserve Class B Licenses available and will pick up two more when the quota is recalculated on July 1, 2019. She provided a listing of the recreational premises that have been granted a full license and those that just have a beer licenses. She noted that some of these recreational premises received their full Class B licenses before the state put a quota system in effect. She indicated she provided links to the businesses if committee members wish to review them.
Alderman Jurken asked if they are not approved for Brookfield, whether they have another site in mind. He noted XGolf has a lot invested without a license. Mr. DeMain said it has been an interesting journey. We must have an address in order
May 7, 2019 Legislative & Licensing Committee Page 4
to get a liquor license. There is a lot invested. If this does not happen for them in Brookfield, they will definitely go somewhere else. Clerk Michaels asked if the committee is suggesting that XGolf apply for the license. Alderman Mahkorn stated he likes presentations before the committee. The more knowledge we have the better decisions we make. He noted that the committee is not able to debate nor ‘tip their hats’ regarding this issue. The next step will be consulting with the City Attorney on the specifics of this issue.
Mr. DeMain presented Clerk Michaels with an application for a Class B Beer and Liquor License. Clerk Michaels noted a Reserve Class B Liquor License has an additional $10,000 fee on the initial application plus the $620 regular fee and then renews at the $620 rate.
No action was taken on this item.
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2. Announcements:
a. The next regularly scheduled meeting is Tuesday, May 21, 2019.
3. Minutes
a. Minutes of the April 16, 2019 meeting.
Motion by Alderman McCarthy, second by Alderman Carnell to approve the April 16, 2019 meeting minutes as presented. Motion carried 5-0.
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5. Old Business a. Ordinance creating Section 5.44.040 of the Brookfield Municipal Code regarding Investigation of License Applicants.
Attorney Merten noted this item was placed back on the agenda by joint request. She explained that Clerk Michaels recently received a license from an applicant who had continuing violations. Some were within 5 years but two more were outside the 5-year period but showed a pattern. Therefore, this item has been brought back before the committee to see if you want to keep the background parameters at 5 years, expand to 10 years or have no time limit at all. Alderman Mahkorn noted this has been a work in progress. The committee understands the 5-year window. His concern is that when an applicant does not have a violation within the 5-year window, but has one in 7 years out, the committee does not see that violation. He feels they should get that information. If there is no violation within 5 years, fine, no need to look further. He feels a 10-year look back is better.
May 7, 2019 Legislative & Licensing Committee Page 5
Alderman Mahkorn said the wording on the application should be revised. Some applicants are confused by the wording of the questions. Alderman Jurken and McCarthy agreed with Alderman Mahkorn. Alderman McCarthy stated if there is something within 5 years, then give a look back to 10 years.
Attorney Merten asked what verbiage would you want instead of ‘convicted’ or ‘arrested’. Alderman Mahkorn suggested an extra sentence explaining ‘convicted, arrested or cited’. Clerk Michaels noted, when speaking with Alderman Mahkorn, he changed the question to ‘Have you been arrested, charged, ticketed, or cited for any violation of state, federal or local laws within the past 5 years’. This is an improvement. Attorney Merten suggested adding ‘when in doubt, list the violation’. Alderman McCarthy said part of the problem is that applicants are reading the application as fast as possible and not reading the full question. Possibly rearranging the words, for example: ‘have you been cited, ticketed, charged or arrested’. The committee agreed.
Alderman Mahkorn added he likes having the applicant wait one year, after having been denied a license, to reapply. Clerk Michaels asked if the committee wants staff to make the changes to the application and bring back to the committee or take it directly to Common Council. Alderman McCarthy stated with the changes noted he would move approval to the Council.
Motion by Alderman McCarthy, second by Alderman Jurken, to approve the Ordinance with changes and send directly to the Common Council. Motion carried 5-0.
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b. Resolution regarding the Application Information and Criteria for Operator and Provisional Licenses.
Motion by Alderman Blumer, second by Alderman McCarthy, to approve the Resolution with the reverse order of wording on the questions as previously discussed. Motion carried 5-0.
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6. New Business a. Resolution regarding an Original Bartender/Operator License for an applicant with a record less than 18 months – Theron Beauregard.
Theron Beauregard appeared before the committee and introductions were made.
Alderman Mahkorn noted Mr. Beauregard’s violation falls within a period of time that requires more scrutiny by the committee. Alderman Mahkorn asked him to explain the circumstances surrounding his violation. Mr. Beauregard stated he went to a friend’s house and had a couple of drinks. He left his car at work, the Barley Pop
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rear parking lot. He decided to drive but knew he should not have. He indicated he was in a bad place and pled guilty. Alderman Mahkorn asked what the circumstances were regarding being stopped by the police. Mr. Beauregard said he was coming off the main street and he stopped after the stop sign. He did not notice the stop sign fast enough. The officer gave him a field sobriety test. He felt the tests were not tailored to someone even sober; therefore, he did not do well. Alderman Mahkorn asked what he was drinking. Mr. Beauregard replied ‘he is a Corona kind of guy’. This has been a bigger change in his life, more than he thought it would be. He said he had seven or eight beers.
Alderman Mahkorn appreciated his honesty and asked if he was cooperative with the Village of Germantown police. Mr. Beauregard said he was as cooperative as he could be. Mr. Beauregard stated the violation was an ordinance violation. He pled guilty and took responsibility for his actions. He was given an evaluation and took an alcohol assessment course as well. He did not make good use of it but found it encouraging talking to someone who had your best interest in mind. He is just finishing his counseling. Alderman Mahkorn asked Mr. Beauregard if he was a better person today than in December 2018. Mr. Beauregard agreed and said part of it was counseling. He used to work up north at a few bars where things are more relaxed. He let himself get sloppy. The bar crowd encouraged his life at the time and he decided to cut down on alcohol.
Mr. Beauregard now understands the consequences of what would happen if someone gets drunk. A bartender has to know how and when to say ‘no’ to someone who has had too much to drink. Alderman Mahkorn asked what the policy is at Saloon on Calhoun. Mr. Beauregard said anyone under the age of 40 is carded. When there is a crowd, it is easy to miss someone underage. We try to slow down the pace of people ordering, asking more questions.
Alderman Mahkorn asked Mr. Beauregard why he answered ‘no’ to question #4 on the application which states “as an adult have you been convicted of violating any laws of the United States, state, county, city, village or town, relating to the use or sale of alcohol beverages or the manufacture, sale, distribution, possession, or use of a controlled substance within the past 5 years”. Mr. Beauregard replied that he was unsure where his violation fell within the parameters listed.
Alderman Jurken asked Alderman Mahkorn to explain why there are two conviction dates. Attorney Merten stated most of the time you receive two citations, one for OWI and one for BAC. There are two different elements for the offense. Per Wisconsin law, a person can be only convicted of one violation.
Alderman Mahkorn said he does not feel comfortable with giving a license to Mr. Beauregard. His violation is only 6 months old; not enough time has passed. His counseling is a work in progress. Attorney Merten said Mr. Beauregard did bring in a letter from the Alliance Counseling Center. Alderman Mahkorn indicated that the committee wants to see more time pass before considering a license for Mr.
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Beauregard. Mr. Beauregard said he did get a renewal bartender license from Germantown where the violation happened.
Motion by Alderman Jurken, second by Alderman Carnell, to deny an Original Bartender/Operator License for Theron Beauregard. Motion carried 5-0.
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b. Resolution regarding an Original Bartender/Operator License for an applicant with a record between 19 months and 5 years – Antonio JT Esparza.
Antonio JT Esparza appeared before the committee and introductions were made.
Alderman Mahkorn asked Mr. Esparza to explain the circumstances surrounding his violation. Mr. Esparza noted he was bartending at Buffalo Wild Wings in Germantown and was going to a friend’s house in West Bend. He left his wallet in his friend’s car two days prior so he was going to pick up his wallet after his shift. The marijuana belonged to a friend of someone he works with. He paid $60 for a bag of marijuana. He drove to pick up his wallet and was pulled over by the police, as he did not have his license plate renewal sticker on his plate. He did not know why he was pulled over.
Mr. Esparza indicated that the officer stated he smelled marijuana and asked him if he had marijuana. Mr. Esparza said ‘yes, he had marijuana’ in the bed of truck and a small amount in a bag on the front seat. The police could not find the marijuana at first. They put him in handcuffs and placed him in the squad car. The officer found the marijuana in the bed of the truck and thanked Mr. Esparza for cooperating. He was taken to the police station, fingerprinted and interview.
Alderman Mahkorn asked why Mr. Esparza answered ‘no’ to question #5 on the application, which states, “as an adult have you been convicted of violating any laws of the United States, state, county, city. Village or town, relating to the use or sale of alcohol beverages or the manufacture, sale, distribution, possession, or use of a controlled substance within the past 5 years”. Mr. Esparza said he completely forgot about the violation and was surprised when management at Bar Louie asked him what was going on. Alderman Mahkorn stated he understands someone can be confused by the questions. The committee does not tolerate lying on the applicant, but also considers the demeanor of the applicant.
Alderman Mahkorn noted that the committee had seen issues like this before and it could go either way because it is a credibility thing. If the applicant is lying, it is a non-starter. If the applicant is truthful, the committee wants to give them every chance and consideration in believing them. Mr. Esparza indicated he said the conviction was 2 to 3 jobs ago, which is why he did not remember it.
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Alderman Jurken asked him what he has learned from this experience. Mr. Esparza replied he no longer uses marijuana. The few times he had used it, he got paranoid and just did not like to feel that way. Attorney Merten noted that this violation would not have been on CCAP as gets generated in a municipal court.
Alderman Blumer asked Attorney Merten if this violation is ‘substantially’ related to the licensed activity. Attorney Merten replied ‘yes, the legislature had found that drugs are usually tied in with alcohol sales and substance abuse. Alderman McCarthy said he would be in support of a license for Mr. Beauregard. He understands how question #5 could be misinterpreted. Alderman Carnell agreed with Alderman Blumer stating that two and one half years is enough time to have passed.
Alderman Mahkorn noted the committee factors in many facets when making a decision on whether to grant a license or not. It is a difficult call to decide whether someone is racing through the application and not reading the questions accurately or someone who is outright lying on the application.
Motion by Alderman Blumer, second by Alderman Carnell, to approve an Original Bartender/Operator License for Antonio JT Esparza. Motion carried 5-0.
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c. Resolution regarding an Original Bartender/Operator License for an applicant with a record less than 18 months – Jacqueline Flood.
Jacqueline Flood appeared before the committee and introductions were made.
Alderman Mahkorn asked Ms. Flood to explain the circumstances surrounding the violation at Blaze Pizza on March 16, 2019. Ms. Flood indicated she had recently been promoted to manager and the day after her General Manager had gone on vacation, a police officer came in to check licenses. She gave the officer the Retail Alcohol License. He then asked to see her Bartender/Operator license. Ms. Flood stated she did not realize she needed a license. She then spoke to her general manager and district manager who indicated ‘they dropped the ball when they promoted her to manager’ as it was one of those things they forgot to tell her. Ms. Flood assumed the store license would cover her. She immediately took an online server course and applied at City Hall for a bartender/operator license, plus a 60- day provisional license.
Alderman Blumer asked who originally gets the citation. Clerk Michaels stated the bartender and agent normally get a citation. Alderman Blumer asked how this could have been avoided. Ms. Flood said the officer told them to not serve any alcoholic beverages until a licensed bartender was on site. She added that the case where the alcohol is stored was locked down. Attorney Merten said technically, per state statutes, the whole business should be shut down, but in this case, they shut down
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the selling of alcohol only. Clerk Michaels added this has been how the Police have handled these types of violations since she started eight years ago.
Alderman Mahkorn said the committee takes their responsibilities very seriously. Alderman McCarthy felt this violation was on Blaze Pizza and not Ms. Flood. He would be willing to grant her a license. Alderman Mahkorn noted that employers have an obligation to inform their employees of procedures, etc. He suggested the general manager and district manager appear before the committee at the next meeting scheduled for May 21, 2019. He asked for a motion to postpone until then.
Motion by Alderman Jurken, second by Alderman McCarthy, to postpone an Original Bartender/Operator License for Jacqueline Flood. Clerk Michaels was directed to send letters to the General Manager, District Manager and Jacqueline Flood requesting them to appear at the May 21, 2019 committee meeting. Motion carried 5-0.
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Items 6d thru 6i were taken together.
d. Resolution regarding applicants for Original Bartender/Operator Licenses.
Bradley, Stephanie H. Hogan, Michael R. Pringle, Erin N. Cruz, Santiago Kosy, David Replogle, Karen B. Dort, Kristin R. Krause, Nicole B. Schramek, Stacy L. Emerson, Terri L. Mainville, Candida A. Strike, Christine K. Francis, William S. Mol, Peter C. Williams, Mareana C. Gideon, Jonathan Piscitello, Joseph T.
e. Resolution regarding applicants for Renewal Bartender/Operator Licenses.
Buschman, Audrey J. Kane, Scott P. Paradies, Tonia A. Craft, Matthew D. Knoff, Sandra C. Pirkey, Kathleen B. Everett, Debra L. Koehn, Russell E. Stranberg, Lynn K. Fitzpatrick, Cory R. Loncaric, David A. Trinko, Cody L. Hart, Armando C. Quackenbush, Barry L.
f. Resolution regarding applicants for Temporary Bartender/Operator Licenses.
Austin, John F. Stich, Christine S. Stich, Darryl D.
May 7, 2019 Legislative & Licensing Committee Page 10
g. Resolution regarding an applicant for a Temporary Class B Retailer’s License – Beer & Wine.
St. Dominic Parish 18255 W. Capitol Drive Dominic Days Thursday, July 11, 2019 – 5 pm to 11 pm Friday, July 12, 2019 – 5 pm to 11 pm Saturday, July 13, 2019 – 8 am to 11 pm Sunday, July 14, 2019 – 10 am to 6 pm Beer and Wine sold/served from tent on parish grounds Bartenders: John Austin, Jeff Hansen, Christine Stich, Darryl Stich, Kurt VanWilligen Contact: John Austin
h. Resolution regarding an applicant for an Original Class B Beer and Class C Wine. (New Owner)
Pho One of Brookfield LLC d/b/a: PHO One24 3075 N. 124th Street, Unit 400 Agent: Nhan N. Tran
i. Resolution regarding an applicant for a Fireworks User Permit.
City of Brookfield 2000 N. Calhoun Road July 4th Family Fest July 4, 2019 – 9:17 pm Mitchell Park Pyro technicians: Spielbauer Fireworks Company Contact: Bill Kolstad
Motion by Alderman McCarthy, second by Alderman Jurken, to approve Original Bartender/Operator Licenses, Renewal Bartender/Operator Licenses, Temporary Bartender/Operator Licenses, a Temporary Class B Beer and Wine License, an Original Class B Beer and Class C Wine License and a Fireworks User Permit to the above named applicants, respectively. Motion carried 5-0.
Motion by Alderman McCarthy, second by Alderman Blumer to adjourn the Legislative & Licensing Committee meeting. Motion carried 5-0. Meeting adjourned at 8:53 p.m.
Minutes respectfully submitted by Kelly Michaels, City Clerk
May 7, 2019 Legislative & Licensing Committee Page 11
City of Brookfield, Wisconsin RESOLUTION NO. ______of the Legislative and Licensing Committee Committee Date: May 7, 2019 Committee Action: Postponed May 21, 2019 Original Bartender License for an applicant with a record less than 18 months: Jacqueline Flood.
Public Hearing: n/a Council Date: Council Action:
WHEREAS, the Legislative and Licensing Committee of the City of Brookfield has recommended of an Original Operator’s (Bartender) License for the following applicant with a record less than 18 months: Jacqueline Flood.
BE IT RESOLVED, by the Common Council of the City of Brookfield that it hereby affirms the recommendation of the Legislative and Licensing Committee to deny the license.
Adopted by the Common Council this day of , 2019
Approved: Attest:
Steven V. Ponto, Mayor Kelly Michaels, City Clerk
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CITY ATTORNEY Jenna Merten, City Attorney
2000 North Calhoun Road Brookfield, Wisconsin 53005-0595 (262) 787-3525 - Fax (262) 796-6671
April 25, 2019
To: Legislative and Licensing Committee
CC: Kelly Michaels, Clerk
Re: Revision of Chapter 10.24 for Abandoned Vehicles
Generally, this new ordinance cleans up the Code in regard to junked or abandoned vehicles, renders the ordinance to be in compliance with state law, and updates the due process requirements to comply with federal law. The changes to each Section are summarized below.
For Section 10.24.010, the new ordinance revises current definitions of “abandoned vehicle” and “junked vehicle,” in addition to adding the definitions of “highway” and “inoperable.” The revision to the definition of “abandoned vehicle” eliminates the time limit that vehicles can be left on private property open to the public because limiting the time frame to 10 days is unnecessary and impacts our enforcement power. The amended “junked vehicle” definition specifies what vehicles will constitute “junked” for purposes of this Chapter to eliminate any confusion as to the vehicles that violate this Chapter. It also removes the rebuttable presumption standard, which is unnecessary and impacts our enforcement power, and moves the exceptions to the definition to this portion of the ordinance. “Inoperable” is necessary because it is used in the definition of “junked” vehicle, as well as “highway” which is used throughout the new ordinance.
For Sections 10.24.020 and 10.04.030, the new ordinance separates abandoned vehicles from junked vehicles because the City cannot issue a permit for an abandoned vehicle. The 750 foot requirement was removed because it is included in state law and does not need to be repeated. Section 10.04.030 adopts Wis. Stat. Sec. 175.25, which had been previously not adopted by the City and deals with the storage and permit process for junked vehicles.
The changes to Section 10.24.050 are the most important as it puts the ordinance in compliance with constitutional due process requirements as set forth in federal law. Pursuant to Sutton v. City of Milwaukee, 672 F.2d 644 (7th Cir. 1982), Miller v. City of Chicago, 774 F.2d 188 (7th Cir. 1985), and Kness v. City of Kenosha, 669 F.Supp. 1484 (E.D. Wis. 1987), unless the City tows a parked car that is posing a hazard to other vehicles or pedestrians, the City must afford the person with a property interest in the vehicle a due process hearing to ensure that his/her constitutional rights are not violated before depriving him or her of the vehicle. The new procedure set forth in the ordinance provides due process by notifying the vehicle owner and property owner of the violation, gives them a chance to appeal the designation to the Administrative Appeals Board, and also gives them a chance to cure the violation before the City seizes the person’s property. Furthermore, it sets forth that if the person violates the ordinance for the same reason again within the same year, the City does not need to go through the notice process again. Failure to utilize a due process procedure before towing a vehicle could lead to the City being sued in state or federal court. With federal claims, the City is not subject to damage caps and would have to pay the plaintiff’s reasonable attorney fees upon a judgment in the plaintiff’s favor.
For Subsection 10.24.060, the statutory reference was updated, and the legal action section was removed as the City Attorney’s office has that power as set forth in Section 1.12.
For Subsection 10.24.070.B, the new ordinance adds language constituting an exception for substantially complete vehicles in excess of nineteen (19) model years of age. This provision was added to comply with state law, which prohibits the junking of a vehicle that age prior to the expiration of the impoundment period.
For Subsection 10.24.070.C, the new ordinance changes the amount of time the vehicle will remain in storage after condemned from 20 days to 10 days, along with the option to donate the vehicle if it is not reclaimed within the allotted time. Both of these changes are to make the ordinance consistent with state law.
For Subsection 10.24.070.D, the new ordinance adds the language to include abandoned vehicles that are parked on private property and makes the owner of the private property responsible for the costs. Additionally, the new ordinance adds that costs can be assessed as a special charge to private property.
For Section 10.24.080, the new ordinance makes the penalty provision consistent with the rest of the Code.
Section 10.24.090 was added, pursuant to state law, to make it clear that the administrative procedures in this ordinance are the exclusive remedies and procedures. City of Brookfield, Wisconsin ORDINANCE NO. * * * * - 19 of the Legislative and Licensing Committee Committee Date: May 21, 2019 Committee Recommendation:
Amending] Sections 10.24.010, 10.24.020, and 10.24.080; Subsections 10.24.060.A, 10.24.060.B, 10.24.070.B, 10.24.070.C, and 10.24.070.D; Repealing and Recreating Section 10.24.050; and Creating Section 10.24.090 of the Brookfield Municipal Code regarding Junked or Abandoned Vehicles.
Public N/A Council Council Hearing: Date: Action: The Common Council of the City of Brookfield do ordain as follows:
PART I. Section 10.24.010 is hereby amended to read.
“Abandoned vehicle” means any vehicle that has been allowed to remain on any alley, street, highway, public place, or private property in the City without the owner’s permission for more than forty-eight (48) hours. “Highway” means all public ways and thoroughfares and bridge on the same. It includes the entire within between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel, including roads in county or municipal parks and roads upon the grounds of public schools. “Inoperable” means any vehicle this is incapable of being propelled under its own power, including but not limited to, a vehicle that is missing an engine, battery, transmission, wheel, or tire; is elevated on blocks or other objects; has a deflated tire. “Junked vehicle” means any vehicle that is partially or fully dismantled, inoperable, unlicensed contrary to state law, unregistered contrary to state law, or incapable of being operated upon the public streets or highways; or any vehicle that is in such condition or parked in such a way to render such vehicle a health and safety hazard. A vehicle shall not be considered junked when it is out of ordinary public view, in an enclosed building, a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City, a vehicle on the premises of a business enterprise operated in a lawful place and manner when necessary to the operation of such business enterprise and the keeping of such vehicles is in an orderly and safe manners as approved by the Plan Commission, or is stored on the premises of a person, firm, or corporation who holds a valid permit issued under Section 10.24.020 of the Code.
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PART II. Section 10.24.020 is hereby amended to read: No person, firm, partnership, or corporation owning or having custody of an abandoned vehicle shall allow such vehicle to remain on any public or private property within the City. No person, firm, partnership, or corporation owning or having custody of a junked vehicle shall allow such vehicle to remain on any public or private property within the City without having a permit issued by the City pursuant to Wisconsin Statute Section 175.25.
PART III. Section 10.24.030 is hereby repealed and recreated to read: 10.24.030 Adoption of State Law.
Wisconsin Statute Section 175.25, as it may be amended from time to time, is hereby adopted in its entirety in this Chapter as if fully set forth herein.
PART IV. Section 10.24.050 is hereby repealed and recreated to read:
A. Any vehicle parked on a highway in violation of this Chapter that is a hazard to other vehicles or pedestrians may be towed. B. Any vehicle parked on a highway or other public property in violation of this Chapter that is not a hazard to other vehicles or pedestrians shall have placed upon it a placard or other similar emblem that warns the vehicle owner that the vehicle will be towed within seventy-two (72) hours if not removed. Said placard shall be at least five (5) inches by seven (7) inches, bright orange in color, and contain a warning that the vehicle will be towed. An officer or building inspector shall also send a letter to the registered owner's last known address informing the owner that the vehicle is in violation, has been placarded, and must be removed by a date and time certain that coincides with the date and time on the placard or the vehicle will be towed at the owner's expense. C. For vehicles parked on private property in violation of this Chapter, an officer or building inspector shall mail or cause to be mailed, by first class mail, a notice of condemnation to the owner of the property on which the vehicle is located and, if the vehicle is owned by someone other than the property owner, to the last registered owner of the vehicle at his or her last known address. The notice shall include a description of the vehicle(s) and premise(s), an explanation for the issuance, a statement concerning the time period by which the vehicle(s) must be removed or its condition(s) corrected, a statement of the consequences if the City removes the vehicle(s), an explanation of the right to petition the Administrative Appeals Board for a hearing within seven (7) days, and a statement that any vehicle owner or property owner who does not P a g e 2 | 5 file a petition for a hearing waives the right to assert that the vehicle did not meet the criteria for a vehicle that is subject to removal under this Chapter and informing the property and or registered owner that the vehicle must be brought into compliance within seven (7) days. Additionally, the officer or building inspector shall place a placard on the vehicle(s) that states the vehicle is believed to be abandoned or junked at any time after the officer or building inspector declares the vehicle(s) a nuisance if the vehicle is accessible and placarding the vehicle is feasible. If the vehicle is inaccessible or placarding the vehicle is not feasible, the building inspector or officer shall place the placard at a location on the property that will reasonably give notice of the placard’s existence.
1. A property owner or motor vehicle owner may request a hearing before the Administrative Appeals Board within seven (7) days of receiving the mailed condemnation notice. Any request shall be written, explain why the vehicle should not be removed from the premises, and be filed in compliance with Subsection 2.08.020.E of this Code.
2. Upon receipt of a valid hearing request, the condemnation of the vehicle shall be stayed, pending the decision of the Administrative Appeals Board.
3. If the Administrative Appeals Board upholds the condemnation of the vehicle, the property owner or vehicle owner may appeal the decision within twenty (20) days to the circuit court.
4. If a property owner or vehicle owner does not file a valid written request for a hearing with the Administrative Appeals Board, s/he waives the right to assert that the vehicle did not meet the criteria for a vehicle that is subject to removal under this Chapter.
5. Within seven (7) days of the date the vehicle was placarded, if the property owner or vehicle owner has not filed a petition, removed the vehicle, or corrected its condition, an officer or building inspector may have the vehicle removed and impounded or destroyed. If the violation is not timely corrected, the officer or building inspector may issue a citation to the vehicle owner, the property owner, or property occupant alleging a violation of this Chapter from the date the vehicle was to have been brought into compliance after notice.
6. If, within one (1) year of receiving notice pursuant to this Section, the same vehicle is determined to be in violation of this Chapter for the same reason as written in said notice issued
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within the past year, the officer or building inspector may immediately remove the vehicle, impound or destroy it, and issue a citation for the violation.
PART V. Subsection 10.24.060.A is hereby amended to read:
A. Pursuant to Wis. Stat. Sec. 349.13(3), the chief of police or his/her designee is hereby authorized to remove or have removed any vehicle left on any public or private property within the City which reasonably appears to be in violation of Section 10.24.040; lost, stolen, or unclaimed; or a hazard to other vehicles or pedestrians. Such vehicles shall be impounded, as hereinafter provided, until lawfully claimed or disposed of in accordance with Wis. Stat. Sec. 342.40. The chief of police may establish a fee for the storage of impounded vehicles on City property.
PART VI. Subsection 10.24.060.B is hereby repealed.
PART VII. Subsection 10.24.070.B is hereby amended to read:
B. Except for substantially complete vehicles in excess of nineteen (19) model years of age, if the chief of police or his/her designee determines that the cost and towing charges for the impoundment would exceed the value of the vehicle, the vehicle may be junked, donated to a nonprofit organization, or sold to a licensed dealer prior to the expiration of the impoundment period, upon determination that the vehicle is not stolen or otherwise wanted for evidence or other reason.
PART VIII. Subsection 10.24.070.C is hereby amended to read:
C. Any vehicle which is impounded and not disposed of under Subsection 10.24.070.B of this Code shall be retained in storage for a minimum period of ten (10) days after certified mail notice has been sent to the owner and lienholders of record to permit reclamation of the vehicle after payment of accrued charges, such charges to include but not be limited to towing, storage, and notice charges. Such notice shall set forth the year, make, model and serial number of the vehicle, if possible; the place where the vehicle is being held; and shall inform the owner and lienholders of their right to reclaim the vehicle. The notice shall state that the failure of the owner or lienholders to exercise their rights to reclaim their vehicle under this Section shall be deemed a waiver of all right, title and interest in the vehicle and a consent to the sale or donation of the vehicle. Each vehicle not reclaimed by the owner or lienholder may be sold or donated to a nonprofit organization.
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PART IX. Subsection 10.24.070.D is hereby amended to read: D. The owner of any abandoned vehicle or junked vehicle and, in the case of any such vehicle parked on private property in violation of this Chapter, the owner or occupant of the property is responsible for all costs of removing, impounding, and disposing of the vehicle. Such costs shall be in addition to the forfeiture provided for violation of this Chapter and may be charged against the property owner and assessed as a special charge. The City may recover costs not recovered by the sale of the vehicle or special charge in a civil action.
PART X. Section 10.24.080 is hereby amended to read:
Any person, firm, partnership, or corporation who violates any part of this Chapter shall be subject to the penalty and enforcement provisions in Chapter 1.12.
PART XI. Section 10.24.090 is hereby created to read:
For the purposes of this Chapter, pursuant to Wisconsin Statutes Section 68.16, the City of Brookfield is specifically electing not to be governed by Chapter 68, Wisconsin Statutes.
PART XII. All ordinances and parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART XIII. If any section or portion of this ordinance shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and shall not affect the validity of any other provisions, sections, or portions thereof of the ordinance. The remainder of the ordinance shall remain in full force and effect.
PART XIV. The provisions of this ordinance shall be in full force and effect from and after its passage and publication.
Passed and adopted by the Common Council this _____ day of ______, 2019
APPROVED: ATTESTED:
______Steven V. Ponto, Mayor Kelly Michaels, City Clerk
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CITY ATTORNEY Jenna Merten, City Attorney
2000 North Calhoun Road Brookfield, Wisconsin 53005-0595 (262) 787-3525 - Fax (262) 796-6671
May 16, 2019
To: Legislative and Licensing Committee
CC: Kelly Michaels, Clerk
Re: Revision of Chapter 8.36 of the Code
Pursuant to legislative referral and the input of the Board of Public Works, this ordinance revises the open burning ordinance to set forth additional conditions regarding open burning, creates new language for recreational fires, allows recreational fires on parcels with multiple- family dwellings or commercial properties, and creates administrative rules for the permitting process.
A summary of the changes are as follows: 1) Additional items were added as prohibited materials to make it abundantly clear to property owners the items that cannot be burned. 2) Burn barrels are prohibited. 3) Open burning may occur only in April, May, October, and November and cannot occur on Trick or Treat day. 4) A definition of recreational fires was included to end the confusion regarding whether a person needed to cook food to have an outdoor fire for the purpose of recreation. 5) Multiple-family dwellings and commercial properties may have recreational fires, subject to a permitting process and permit conditions. 6) The Fire Chief is granted the authority to suspend, revoke, or non-renew a permit and prohibit burning in the City during dry conditions. 7) The Police and Fire Departments have the power to order the extinguishment of fires if they constitute a public nuisance.
This ordinance is under review by the Police and Fire Departments as of the date of this memo. City of Brookfield, Wisconsin ORDINANCE NO. * * * * - 19 of the Legislative and Licensing Committee Committee Date: May 21, 2019 Committee Recommendation:
Repealing] and Recreating Chapter 8.36 of the Brookfield Municipal Code regarding Open Burning and Recreational Fires.
Public N/A Council Council Hearing: Date: Action: The Common Council of the City of Brookfield do ordain as follows:
PART I. Chapter 8.36 is hereby repealed and recreated to read: Chapter 8.36 Open Burning and Recreational Fires.
8.36.010 Definitions.
“Clean wood” shall mean natural wood which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products. “Fire Chief” shall mean the City of Brookfield Fire Chief or his or her designee. “Garbage” shall mean food waste, food wraps, packaging, animal carcasses, animal waste, paint or painted materials, furniture, composite shingles, construction or demolition debris, or other wastes. “Highway” shall mean the same as set forth in Wisconsin Statute Section 340.01(22). “Multiple-family dwelling” shall mean the same as in Section 17.04.020 of this Code. “One-family dwelling” shall mean the same as in Section 17.04.020 of this Code. “Open Burn” or “Open Burning” shall mean a controlled, limited size, open area fire that is typically intended for the disposal of waste wood or yard waste. “Ozone Action Day” shall mean a day, as declared by the Mayor, Fire Chief, or Wisconsin Department of Natural Resources, on which weather conditions run the risk of causing health problems. “Permitted Combustibles” shall mean dry leaves, dry grass, brush, clean wood sticks, clean wood branches, and clean, small wood logs. “Person” shall mean any person, firm, organization, or corporation. “Recreational Fire” shall mean a small fire, such as a campfire, built for the purpose of recreational, personal, or aesthetic enjoyment and not intended for the disposal of waste wood or yard waste.
8.36.020 Burning Regulated. A. No person shall initiate, cause, or conduct burning in violation of this Chapter. B. No person shall initiate, cause, or conduct burning of the following materials: P a g e 1 | 6
1. Garbage. 2. Any material liberating a toxic substance or combustion, producing a noxious odor, or creating a health hazard. 3. Flammable liquids or other materials that create a fire hazard. 4. Open areas of standing grass, woods, brush, or similar materials. 5. Any material made of or coated with rubber, plastic, leather, or petroleum-based materials. 6. Any material required to be recycled by law. 7. Any treated or painted wood, including but not limited to, plywood, composite wood products, or other wood products that are painted, varnished, or treated with preservatives. 8. Any plastic material including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, synthetic fabrics, plastic films, and plastic containers. 9. Asphalt and products containing asphalt. 10. Waste oil or other oily wastes except used oil burned in a heating device for energy recovery subject to the restrictions in Chapter NR 590, Wisconsin Administrative Code. C. No person shall use or maintain a burn barrel.
8.36.030 Open Burning Conditions. A. A person may open burn permitted combustibles on parcels of land with one-family dwellings subject to the following conditions: 1. Open burning shall occur only between noon and five p.m. on Tuesdays, Thursdays, and Saturdays in the months of April, May, October, and November. 2. Open burning shall not occur on the official City of Brookfield “Trick or Treat” day or on Ozone Action Days. 3. Open burning shall not occur when the wind velocity exceeds fifteen (15) miles per hour. 4. Open burning shall not occur in ditches or highways. 5. If not in a container, the permitted combustibles for the open burning shall be less than five feet in diameter and two feet in height and shall be located more than twenty-five (25) feet from the front lot line, fifteen (15) feet from the side lot line, ten (10) feet from the rear lot line, and twenty-five (25) feet from a building. If in a container, the container shall have a wire mesh cover with openings of one-half inch or less and shall be located more than twenty-five (25) feet from a building or structure. 6. The person initiating, causing, or conducting the open burning shall be at least eighteen (18) years old, watch and control the burn at all times, and shall have adequate fire
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extinguishing equipment, such as a garden hose or fire extinguisher, available and ready for instant use.
8.36.040 Recreational Fires. A. A person may initiate, cause, or conduct a recreational fire on parcels of land with one-family dwellings subject to the following conditions: 1. Unless using a natural gas fireplace, the person uses only dry wood materials for the recreational fire. 2. The recreational fire is conducted in an outdoor fireplace or fire pit constructed of metal or masonry that is installed and utilized pursuant to the manufacturer’s instructions. 3. The size of the burning materials shall not exceed 36 inches in diameter or 24 inches in height and shall not have a flame height exceeding four (4) feet from the base of the fire at any time. 4. The fireplace or fire pit shall be located at a minimum of twenty (20) feet from any property line, building, wood fence, utility pole, overhead wire, or pile of combustible materials; and a minimum of fifty (50) feet away from any flammable or combustible liquid storage container. 5. The outdoor fireplace shall be surrounded by noncombustible materials, extending at least 12 inches in all directions around the perimeter of the outdoor fireplace. 6. The person initiating, causing, or conducting the recreational fire shall be at least eighteen (18) years old, watch and control the fire at all times and shall have adequate fire extinguishing equipment, such as a garden hose or fire extinguisher, available and ready for instant use.
8.36.050 Burning Permits A. The Fire Chief is authorized to issue written permits, on forms provided by the Fire Department, for recreational fires in outdoor fireplaces or fire pits at multiple-family dwellings and commercial properties, the burning of flammable liquids or other materials that create a fire hazard, the burning of open areas of standing grass, woods, brush, or similar materials, and for open burning otherwise prohibited by Section 8.36.030. The permit shall be non-transferable and specify the nature of the permitted activity, the dates and location for the permitted activity to occur, and any additional conditions or requirements the Fire Chief determines pursuant to Subsection 8.36.040.B.4. Any permits issued for recreational fires at multiple-family dwellings and commercial properties shall expire after one (1) year. B. Conditions of Permits Generally. P a g e 3 | 6
1. Every applicant procuring a permit consents to the entry of the Fire Department, Police Department, or other duly authorized representatives of the City at all reasonable hours for the purpose of inspection of compliance with this Chapter and consents to the removal from said premises of all things and articles there had in violation of this Chapter. 2. The permittee and/or employees and agents of the permittee shall cooperate with Fire Department and Police Department investigations. 3. The permittee shall comply with all provisions of this Chapter and all other ordinances of the City of Brookfield and the laws of the State of Wisconsin. 4. The Fire Chief may condition the issuance of a permit with any other requirements that he or she deems necessary for the public safety, health, and welfare. C. Conditions of Permits for Multiple-Family Dwellings and Commercial Properties. In addition to the permit conditions sets forth in Subsection 8.36.040.B, a person initiating, causing, or conducting a recreational fire at multiple-family dwellings and commercial properties shall be subject to the following conditions: 1. Any burning shall occur in an outdoor fireplace that is permanently affixed to a surface, utilizes natural gas, and is constructed and installed pursuant to the requirements of the International Building Code, International Fire Code, and International Fuel Gas Code. 2. The outdoor fireplace shall be tested in accordance with ANSI Z21.97 and shall be installed in accordance with the manufacturer’s instructions. 3. The outdoor fireplace’s heating element or combustion chamber is permanently guarded to prevent accidental contact by persons or material. 4. The outdoor fireplace’s natural gas piping is installed pursuant to the requirements of the International Fuel Gas Code. 5. The outdoor fireplace’s being maintained and in good repair at all times. 6. Any burning shall occur with the regulations contained in Chapter SPS 314, Fire Prevention, of the Wisconsin Administrative Code and National Fire Protection Associate Code 1, Fire Code. 7. Any burning shall be attended at all times by a competent person who has fire extinguishing equipment available and ready for instant use until such fire is extinguished. 8. The Fire Chief approves a written statement of operations from the owner of the outdoor fireplace. The written statement of operations shall include the proposed hours of operation of the outdoor fireplace, the identity or identities of the persons proposed to attend any burnings and igniting and extinguishing the outdoor fireplaces and proof of completion of annual fire extinguisher training for them, and compliance with the outdoor fireplace’s safety procedures and installation clearances.
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a. The written statement of operations shall be updated in writing and submitted to the Fire Chief within five (5) days of any information changing. D. Truth of Statements. All matters submitted in writing to the Fire Chief by any applicant or permittee pertaining to any permit issued pursuant to this Chapter shall be true.
8.36.060 Exemptions. This Chapter shall not apply to Fire Department training exercises, the smoking of tobacco products, or any outdoor food cooking conducted on a grill, griddle, oven, or smoker.
8.36.070 Summary Suspension and Reinstatement of Permit. A. Whenever the Fire Chief finds conditions in the operation of burning subject to a permit under this Chapter, which in his or her opinion constitutes a substantial hazard to the public health, safety, or welfare, she or he may without warning, notice, or hearing issue a written notice to the permittee citing the condition, specifying the corrective action to be taken, and specifying the time period within which the action shall be taken; and, if deemed necessary, the order shall state that the permit is immediately suspended and all burning is to be immediately discontinued. B. The permittee, whose permit has been suspended by the Fire Chief, may, at any time, make application for reinstatement of the permit. The Fire Chief shall make a reinspection and thereafter as many additional reinspections as he or she deems necessary to ensure that the person is complying with the requirements; and, in the event the findings indicate compliance, shall reinstate or reissue the permit.
8.36.080 Revocation of Permit. A. The Fire Chief may refuse to issue a permit or suspend, revoke, or non-renew any permit issued pursuant to this Chapter for any of the following causes: 1. The making of any material false statement in any application for a permit. 2. The violation of any of the applicable provisions of this Chapter. 3. The permittee has unpaid or overdue real or personal property taxes, room taxes, special assessments, special charges, special taxes, delinquent utility charges, ambulance fees, inspection fees, an outstanding judgment(s), or any other charge owed to the City of Brookfield. 4. The applicant or permittee misrepresents any fact to the Fire Chief. B. Appeal to Administrative Appeals Board. Any person adversely affected by the decision of the Fire Chief may appeal that decision to the Administrative Appeals Board, which may decide the issues de novo, and whose written decision will be the final decision of the City. The City elects not to be governed by Chapter 68 of the Wisconsin Statutes in whole for an appeal under this Chapter.
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C. Deadline to Appeal. Appeals, including the filing fee, must be filed within ten (10) business days of the written decision of the Fire Chief.
8.36.090 Nuisance Abatement. If Fire Department or Police Department officials determine that any open burning or recreational fire creates or causes a health or safety hazard or otherwise unreasonably interferes with the use and enjoyment of other properties within the City, the official may order the fire immediately extinguished.
8.36.100 Emergencies. Whenever, due to dry conditions, the Fire Chief shall deem it necessary to prohibit any burning permitted under this Chapter in the City, the Fire Chief shall issue a notice banning any burning in the City. Such notice shall be published in the official City newspaper. After publication or direct notice, no person shall use
8.36.110 Penalty for Violation of this Chapter. Any person, firm, partnership, or corporation who violates any part of this chapter shall be subject to the penalty and enforcement provisions in Chapter 1.12.
PART II. All ordinances and parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART III. If any section or portion of this ordinance shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and shall not affect the validity of any other provisions, sections, or portions thereof of the ordinance. The remainder of the ordinance shall remain in full force and effect.
PART IV. The provisions of this ordinance shall be in full force and effect from and after its passage and publication.
Passed and adopted by the Common Council this _____ day of ______, 2019
APPROVED: ATTESTED: ______Steven V. Ponto, Mayor Kelly Michaels, City Clerk P a g e 6 | 6
City of Brookfield, Wisconsin RESOLUTION NO. ______of the Legislative & Licensing Committee Committee Date: May 21, 2019 Committee Action: Agreement between the City of Brookfield and Brookfield Village, LTD to hold a monthly event called the Brookfield Beer Garden
Public Hearing: N/A Council Date: Council Action: June 4, 2019
WHEREAS, Brookfield Village, LTD has a history of hosting family-friendly events in the Village Area, and
WHEREAS, Brookfield Village, LTD wishes to enter into an agreement with the City of Brookfield to hold a monthly Brookfield Beer Garden on a City municipal lot located at 18725 Hoffman Ave., and
WHEREAS, The Plan Review Board and Plan Commission reviewed and approved the Temporary Use Permit for the Brookfield Beer Garden on May 17, 2018 and June 11, 2018, and
WHEREAS, the Legislative and Licensing Committee considered the reestablishment of the Brookfield Village Beer Garden Agreement at its meeting held on May 21, 2019 and recommends approval thereof, now therefore
BE IT RESOLVED, by the Common Council of the City of Brookfield that the agreement between the City of Brookfield and Brookfield Village, LTD to hold a monthly event called the Brookfield Village Beer Garden be approved, and
BE IT FURTHER RESOLVED, that the proper city official(s) be hereby authorized and directed to sign the agreement on behalf of the City of Brookfield.
Approved: Attested:
Steven V. Ponto, Mayor Kelly Michaels, City Clerk
Note: Back up documentation or staff reports/recommendations should be attached to be included with resolution file.
REPORT OF THE ECONOMIC DEVELOPMENT COORDINATOR TO LEGISLATIVE AND LICENSING COMMITTEE May 21, 2019
ITEM XXX Review and Recommendation
Legislative and Licensing Committee RECOMMENDATION*: A request by Brookfield Village, LTD to approve a contract with the City to hold four (4) monthly Brookfield Beer Garden events located 18725 Hoffman Ave (public parking lot). *** Requires Common Council approval ***
1. The Economic Development department has had a continued relationship with Brookfield Village, LTD in helping bring awareness to the Village Area TIA and its businesses. The Village Area TIA is identified as a special place in the Brookfield 2035 Comprehensive Plan. (pg. 95)
2. Since the formation of Brookfield Village, LTD the board has created and held annually a number of family friendly sponsored events in the Village Area. These events include: Kid’s Fest, Brookfield Village Beer Garden. Village Vibes, Farmer’s Market, Art & Spirit Crawl, and a Christmas Tree Lighting. These family-friendly type of events are identified as Special Places Objectives in the City of Brookfield 2035 Comprehensive Plan. Specifically, the Brookfield 2035 Comprehensive Plan states for the exploration of whether existing events should be extended to the Village TIA or a new event should be promoted in the area, as a way to increase its profile and use in the community.
3. The 2008 Economic Development Program’s Objective 1.2 calls for an increase in Brookfield’s profile as a visitor destination and attract more nonresidents to the City for conferences, events, recreational activities, and shopping. This objective can be supported with the establishment of additional community events and festivals that attract local and regional residents. As with most outdoor events held in the City throughout the year, attendance is dependent upon the weather. When the weather has been cooperative, the events held by Brookfield Village, LTD have been well attended and well received.
4. The City’s Hoffman Ave Parking lot was determined to be the best location for this event, since it will have local musicians, and they will be able to utilize the donated stage from Milwaukee Tool. Last year a Temporary Use Application by Brookfield Village, LTD for the event was approved by the Plan Review Board on May 17, 2018 and the Plan Commission on June 11, 2018. Attached is the Temporary Use Permit Renewal approved by the Inspections Department and its related report by the Brookfield Police Department regarding the Temporary Use Renewal Application and associated site plan for the event.
5. The Beer Garden Agreement would commence upon approval by the Common Council, and would terminate on October 1, 2019. While alcoholic beverages will be served at the Brookfield Beer Garden, there will also be sales of food and non-alcoholic drinks
Staff Report – Item XX June 19, 2018 Page 1
(water & soda). A Certificate of Insurance has been included with a copy of the proposed agreement.
6. The Temporary Class B permit approved by the Legislative and Licensing Committee for Brookfield Village, LTD will be for the four (4) planned events to be held on June 20, July 18, August 29, and September 21st 2019. Brookfield Village, LTD has also included it weather make-up dates within the application.
7. The City Attorney’s office has reviewed and approved the agreement in the current form as provided.
Staff recommends the Legislative and Licensing Committee review and discuss the associated materials with regards to the Brookfield Village Beer Garden Agreement, and if satisfied, approval of a resolution allowing for another 1-year contract agreement with the Village, LTD. For its Brookfield Village Beer Garden.
Staff Report – Item XX June 19, 2018 Page 2
BEER GARDEN AGREEMENT
THIS AGREEMENT is entered into by and between the City of Brookfield, a municipal corporation, and Brookfield Village, LTD, (BV) a Wisconsin corporation.
WHEREAS, the City is the owner of a municipal parking lot located at 18725 Hoffman Ave. (the “Lot”); and
WHEREAS, BV is a corporate entity organized to promote existing businesses in the oldest part of the City, the “village area,” encourage new business location in the village, and provide activities and events in the village for the public; and
WHEREAS, BV wishes to hold Beer Garden events at the Lot for people to enjoy the village area.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the City and BV agree to the following terms:
1. TERM/RENEWAL
This AGREEMENT shall commence on date of acceptance by City and terminates on October 1, 2019.
2. BEER GARDEN
“Beer Garden” is defined as an event at the Lot at which BV may sell alcoholic beverages and merchandise and must sell non-alcoholic beverages and food. In addition, the Beer Garden must be a family-oriented venue which may be achieved by providing music, performers, games, and activities for entertainment at the Beer Garden.
3. GRANT OF RIGHT AND PRIVILEGE OBLIGATION TO SELL AND PROVIDE
The City grants BV the right and privilege to provide merchandise, food, and alcoholic beverages and non-alcoholic beverages at the Beer Garden or to contract with a provider or providers to do so at the City’s Lot. This right and privilege by BV must be exercised in strict conformity with all the requirements and obligations of this AGREEMENT and at no expense to the City. BV shall ensure the Beer Garden facilities are functioning in a manner compliant with all State and Local codes, laws and regulations, at no cost to the City. BV is highly encouraged to obtain third party vendor(s) to supply food and/or entertainment during the operation of the Beer Garden.
4. DATES AND HOURS OF OPERATION
A. Weather permitting, Beer Garden dates of operation will be June 20, July 18, August 29, and September 21, 2019. Alternate Dates for weather related cancelations will be held on June 27, July 25, and September 28, 2019. Beer Garden hours of operation shall be 4:00 pm to 9:00 PM, except for the event scheduled for September 21, the hours of operation will be from 1 pm to 6 pm. No
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alcohol shall be dispensed or distributed after 8:30 p.m. Dates of operation may be modified upon written approval of the Director of Inspection Services.
B. Set up and take down of each Beer Garden will be 24 hours before and 24 hours after hours of operation.
C. The Beer Garden is an outdoor experience. BV shall make every effort to hold Beer Garden as scheduled. Cancellation of a Beer Garden is dependent upon weather conditions at the Lot. The decision to cancel a Beer Garden is the responsibility of BV and will be made as close to event time as possible. If BV posts notifications on social media and/or sends e-mail notifications about the Beer Garden, BV may request the City to assist with such notifications to the public.
5. MARKETING
It is advantageous for both parties to jointly market the Beer Garden. All marketing shall be mutually acceptable to both parties. BV’s logo may be used by City, and City’s logo may be used by BV for the sole purpose of cross-marketing Beer Garden events. Dates of the Beer Garden shall be scheduled and agreed upon by both parties.
Marketing campaign and logo usage must be agreed upon/approved by City and BV prior to any promotion. The City’s Economic Development Coordinator must approve all signs that include the City logo. City may promote the event in its discretion.
6. MANAGEMENT OF THE BEER GARDEN
A. It is the responsibility of BV to manage the distribution of alcohol, and BV is solely responsible for any incidents involving alcohol sold at the premises. BV shall monitor the service of alcoholic beverages, making sure no one under the age of twenty-one (21) is drinking alcohol or served alcohol and refusing service to people who appear to be intoxicated or using poor judgment in their drinking. Other than contracted vendors for the event, BV shall not allow the public to bring in alcoholic beverages to the Beer Garden. BV is responsible for these duties, regardless of whether BV is the provider of alcohol or BV engages a third party to do so.
B. BV shall ensure that the Beer Garden attendance does not exceed 500 people at a time, including vendors and volunteers for the Beer Garden.
7. PERSONNEL
BV or its vendor(s) shall supply all personnel necessary to carry out its responsibilities under this AGREEMENT. The persons who will sell and/or serve food, merchandise, alcoholic beverages and non-alcoholic beverages must be appropriately licensed and trained.
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8. THIRD PARTY VENDORS
BV may fulfill its responsibilities under this AGREEMENT by contracting with third party vendors to provide services, but any third party vendors are not a party to this AGREEMENT. Third Party Vendors are deemed subcontractors of BV, and, as such, BV is responsible for the actions of any of its Third Party Vendors.
9. SECURITY
BV is responsible for Beer Garden security. The City shall not be liable for any vandalism, defacement or other similar damage to any equipment or property of BV or a third party that occurs or arises due to the Beer Garden.
10. LICENSE/PERMITS
BV shall maintain all necessary licenses and permits required to conduct the Beer Garden. A Waukesha County Food Establishment License is required for any food concessionaires. This license can be obtained by calling the Waukesha County Environmental Health Division office at (262) 896-8300.
11. BEER GARDEN SITE AND EQUIPMENT
A. BV shall be responsible for the site established as the Beer Garden on the dates and during the hours set forth in §4. Games and entertainment shall be safe and well- maintained. All necessary equipment and personnel to create the Beer Garden experience are the responsibility of BV.
B. All improvements and modification expenses in establishing the Beer Garden are the responsibility of BV. Any desired City facility improvements and/or modifications require City Board of Public Works approval prior to implementation. No equipment or fixtures provided by the City shall be removed or replaced without the prior written consent of the Director of Public Works. The City may opt to provide the facility modification approved by the Board of Public Works at BV’s cost. If BV, its contractor, or any attendee of the Beer Garden damages City equipment or fixtures, BV shall reimburse the City for repair or replacement within 30 days of receiving an invoice from the City.
C. BV shall provide all merchandise, food, alcoholic and non-alcoholic beverage supplies, equipment, and related items necessary to serve the needs of the customers of the Beer Garden.
12. CLEANLINESS
A. BV shall, at its own expense, keep the premises and the surrounding area, at least twenty- five (25) feet from setup, clean and sanitary and in good repair at all times. BV shall ensure that all refuse and recyclable materials are placed in appropriate receptacles and prevent
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any such refuse or similar material from being or accumulating upon the Beer Garden site. BV shall recycle by using #1, #2 or #5 recyclable drink cups for beverage service and providing recycling containers for the cups and any other recyclable.
B. BV or its authorized representative will maintain the mobile beer unit by cleaning the unit regularly making paper or digital record of the time and date of cleaning maintenance of the unit. City will be allowed to inspect records for the unit upon request.
C. BV shall provide portable restrooms and hand-washing facilities per the temporary use permit issued by the City.
13. SITE RENTAL, BEVERAGE AND MERCHANDISE FEES
A. In return for the right to use the parking facility for the Beer Garden, BV shall pay the City a facility rental of $30.00 per day for the Beer Garden on the dates established. Such payment shall be made in full for each Beer Garden within 10 days of signing this Agreement. A 30-day cancellation notice directed to the City Building Inspector is required to remove any scheduled date.
B. BV shall supply the City’s Economic Development Coordinator with a completed BV Sales Report providing a detailed summary report of all Beer Garden sales activities. BV Sales Reports are due 20 days after each Beer Garden.
14. INDEMNIFICATION
To the fullest extent allowable by law, BV hereby indemnifies and shall defend and hold harmless (“Indemnity Provision”) the City, its elected and appointed officials, officers, employees, authorized representatives, and authorized volunteers and each of them from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorneys’ fees, costs, and expenses of whatsoever kind or nature whether arising before, during, or after completion of the work hereunder and in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part or claimed to be caused, occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or negligence, whether active or passive, of BV or of anyone acting under its direction or control or on its behalf in connection with or incident to the performance of this Agreement. BV’s aforesaid indemnity and hold harmless agreement shall not be applicable to any liability caused by the sole fault, sole negligence, or willful misconduct of the CITY, its elected and appointed officials, officers, employees or authorized representatives, or authorized volunteers. This Indemnity provision shall survive the termination or expiration of this Agreement.
In any and all claims against the City, its elected and appointed officials, officers, employees or authorized representatives, or authorized volunteers by an employee of BV, any subcontractor, or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for BV or any subcontractor under
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worker’s compensation, disability benefit, or other employee benefit laws.
No part of this Indemnity Provision shall give rise to any duties not otherwise provided for by this Agreement or by operation of law. No part of this Indemnity Provision shall be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity that would otherwise exist as to the City, its elected and appointed officials, officers, employees, authorized representatives, or authorized volunteers under this Agreement or any other contract. This clause is to be read in conjunction with all other indemnity provisions contained in this Agreement. Any conflict or ambiguity arising between any indemnity provisions in this Agreement shall be construed in favor of indemnified parties except when such interpretation would violate the laws of Wisconsin.
BV shall reimburse the City, its elected and appointed officials, officers, employees, authorized representatives, and authorized volunteers for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. BV’s obligation to indemnify shall not be restricted to insurance proceeds, if any received by the City, its elected and appointed officials, officers, employees, authorized representatives, or authorized volunteers.
15. INSURANCE
A. BV shall maintain insurance as specified below. Authorization to commence a Beer Garden event under this Agreement will not be given until proof of insurance required has been submitted and approved by the City. All insurance shall remain in force until the term of the Agreement is completed or the time listed below, whichever is longer.
1. Commercial General Liability Insurance. BV shall maintain the coverage listed below with the following minimum limits: i. Each Occurrence - $1,000,000 ii. Personal and Advertising Injury - $1,000,000 iii. General Aggregate - $1,000,000 iv. Products- Completed Operations - $1,000,000 v. Liquor Liability, including sales to minors - $1,000,000 2. Automobile Liability Insurance. BV shall maintain business auto coverage with a combined single limit per accident for bodily injury and property damage for “any auto” basis - $1,000,000.
B. For All Insurance:
1. All insurance must be primary and non-contributory to any insurance or self- insurance carried by the City. Proof of such shall be provided to the City. 2. Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a financial size category of no less than Class VII, and who are authorized as an admitted insurance company in the State of Wisconsin. 3. The following must be named as additional insureds on all liability policies, except for worker’s compensation: “The City of Brookfield, its elected and appointed
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officials, officers, employees, authorized representatives, and authorized volunteers.” Endorsements evidencing such additional insured coverage shall be provided to the City. For commercial general liability insurance, form CG 20 10 07 04 for ongoing operations and form CG 20 37 07 04 for products completed operations hazard, or forms containing language with equivalent coverage, shall be endorsed to the policy on the CITY’s behalf and shall be provided to the City. 4. Waivers of Subrogation in favor of City must be endorsed on BV’s coverages for all insurance required and provided to the City. 5. Any deductible or self-insured retention shall be declared to City. 6. Prior to the City’s execution of the Agreement, BV shall file with the City a certificate of insurance (ACORD form or equivalent for all coverages) signed by the insurer’s representative evidencing the coverage required by this Agreement. If any of the policies required above expire while this Agreement is still in effect, BV shall provide renewal certificate(s) to the City for approval. 7. All insurance shall be written on an occurrence basis. 8. All insurance policies shall be endorsed to provide the City with 30 days notice of cancellation of insurance and 10 days notice of non-renewal. Such endorsements shall be provided to the City prior to the City’s execution of the Agreement. 9. The City reserves the right to request a certified copy of any insurance policy required of BV under this Agreement.
C. BV shall require Third Party Vendors not protected under BV’s insurance to take out and maintain insurance as specified above. BV shall not allow Third Party Vendor(s), if any, to commence work until all required Certificates of Insurance have been obtained from the Third Party Vendor(s).
16. TERMINATION
A. This Agreement may be terminated by the City, in whole or in part, without penalty, in its sole discretion, with or without cause, upon 20 days written notice to BV.
B. If, through any cause, BV shall violate any of the terms and provisions of the Agreement, the City shall notify BV of the breach in writing and notify BV that it has ten (10) days after receiving such notice to cure the breach to the satisfaction of the City. If BV fails to cure the breach to the satisfaction of the City within ten (10) days of receiving such notice, the City shall have the right to immediately terminate this Agreement by giving written notice to BV of such termination.
C. In the event of any such termination, BV waives any right or remedy against the City and agrees to surrender any licenses issued to it for the Beer Garden to the City within two (2) business days.
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17. NON-DISCRIMINATION
In connection with the Agreement, BV will not discriminate against any person on the basis of age, race, religion, color, marital status, gender, sexual orientation, disability, national origin or ancestry, membership in the National Guard, state defense force or any reserve component of the military forces of the United States or this state, use or nonuse of lawful products off BV’s premises during nonworking hours, or any other protected status.
18. ASSIGNMENT
This AGREEMENT may not be assigned by BV without the prior written consent of the City.
19. INDEPENDENT CONTRACTOR
For purposes of this AGREEMENT, BV is an independent contractor and not an employee or agent of the City.
20. JURISDICTION/VENUE
This Agreement shall be governed in all respects, whether as to validity, construction, capacity, performance, or otherwise, by the laws of the State of Wisconsin, the ordinances of the City of Brookfield, the rules and regulations of the CITY, and any codes, specifications, or requirements related to the performance of the work under this Agreement. Any suit, proceeding, or other action arising out of or related to this Agreement shall be commenced and maintained only in a court of competent jurisdiction in the state court located in Waukesha County, Wisconsin or federal court located in Milwaukee County, Wisconsin. Each party irrevocably consents to submit to the exclusive jurisdiction of such courts.
21. RELATIONSHIP
Nothing contained in this AGREEMENT shall constitute or be construed to create a partnership or joint venture between the City and BV or successors or assigns. This AGREEMENT does not create the relationship of principal and agent.
22. NOTICES
All notices permitted or required by this Agreement shall be given in writing and shall be considered given upon receipt if hand delivered to the party or person intended, or two (2) business days after deposit in the United States mail, postage prepaid, by certified mail, return receipt requested, addressed by name and address to the party or person intended as follows:
BV: City: Todd Willis City of Brookfield 2000 North Calhoun Road Brookfield, WI 53005
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23. SEVERABILITY
The provisions of this Agreement are severable and if a court of competent jurisdiction holds any portion of this Agreement unconstitutional or invalid, the remainder of this Agreement shall not be affected and shall remain in full force and effect.
24. INTERPRETATION
Unless the context requires otherwise, all words used in this Agreement in the singular number shall extend to and include the plural, all words in the plural number shall extend to and include the singular, and all words in any gender shall extend to and include all genders.
25. SOLE AGREEMENT
This document contains the entire agreement between the parties. Any previous communications or agreements pertaining to the subject matter of this Agreement are hereby superseded. The AGREEMENT may not be modified except by a written agreement signed by the duly authorized agents of the City and BV.
In Witness Whereof, the parties hereto agree to this AGREEMENT:
Brookfield Village, Ltd.
By: By: [type name here], President [type name here] Secretary (or appropriate officer if required)
Dated: Dated:
CITY:
By: ______Date: ______Steven V. Ponto, Mayor
By: ______Date: ______Kelly Michaels, City Clerk
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City of Brookfield, Wisconsin RESOLUTION NO. ______of the Legislative and Licensing Committee Committee Date: May 21, 2019 Committee Action:
Applicants for Original Bartender/Operator’s licenses.
Public Hearing: n/a Council Date: Council Action:
WHEREAS, the Legislative and Licensing Committee of the City of Brookfield has recommended approval of Original Bartender/Operator’s Licenses for the following applicants who have met the applicable qualifications of Chapter 125 of the Wisconsin Statutes and Brookfield Municipal Code.
NOW THEREFORE BE IT RESOLVED, by the Common Council of the City of Brookfield that it hereby affirms the recommendation of the Legislative and Licensing Committee to grant the licenses as indicated.
Original
Hart, Kyle M. Schisel, Devin J. Porteous, Karen J. Young, Joshua M.
Adopted by the Common Council this day of , 2019
Approved: Attest:
Steven V. Ponto, Mayor Kelly Michaels, City Clerk
City of Brookfield, Wisconsin RESOLUTION NO. ______of the Legislative and Licensing Committee Committee Date: May 21, 2019 Committee Action:
Applicants for Renewal Bartender/Operator’s Licenses.
Public Hearing: n/a Council Date: Council Action:
WHEREAS, the Legislative and Licensing Committee of the City of Brookfield has recommended approval of Renewal Bartender/Operator’s Licenses for the following applicants who have met the applicable qualifications of Chapter 125 of the Wisconsin Statutes and Brookfield Municipal Code.
NOW THEREFORE BE IT RESOLVED, by the Common Council of the City of Brookfield that it hereby affirms the recommendation of the Legislative and Licensing Committee to grant the licenses as indicated.
Renewal
Bruss, Bonita A. Kussard, Jennifer Sheaffer-Jepsen, Julie A. Cannon, Christine P. Peters, Mark R. Sullivan, Laurence J. Cannon, Michael L. Pleuss, Erik R. Thornton, Terri G. Cashill, Phillip C. Priebe, Paula A. Trujillo, Lisa M. Gregory, Guy C. Randall, Lisa M. Wallace, Sharone R. Hansen, Jeffrey J. Reich, Linda M. Wiedmeyer, Bryan J. Koester, Rachel V. Ryan, Cheryl A.
Adopted by the Common Council this day of , 2019
Approved: Attest:
Steven V. Ponto, Mayor Kelly Michaels, City Clerk
City of Brookfield, Wisconsin RESOLUTION NO. ______of the Legislative and Licensing Committee Committee Date: May 21, 2019 Committee Action:
Applicants for Renewal Alcohol Licenses for the license year July 1, 2019 to June 30, 2020.
Public Hearing: n/a Council Date: Council Action:
WHEREAS, the Legislative and Licensing Committee of the City of Brookfield has recommended approval of Renewal Alcohol Licenses for the following applicants who have met the applicable qualifications of Chapter 125 of the Wisconsin Statutes and Brookfield Municipal Code.
NOW THEREFORE BE IT RESOLVED, by the Common Council of the City of Brookfield that it hereby affirms the recommendation of the Legislative and Licensing Committee to grant the licenses as indicated.
CLASS B BEER
124th Street Inc; d/b/a: Brookfield Place BP 3075 N. 124th Street; Agent: Didar Singh
Chipotle Mexican Grill of Colorado LLC; d/b/a: Chipotle Mexican Grill 15375 W. Bluemound Road; Agent: Brian J. Bushaw
The Ponds of Brookfield LLC; d/b/a: The Ponds of Brookfield 2810 N. Calhoun Road; Agent: Robert R. Perry
CLASS B BEER & C WINE
Café Manna LLC; d/b/a: Café Manna 3815 N. Brookfield Road, Suite 100; Agent: Robin S. Kasch
CLASS A BEER & LIQUOR
Brook-Falls Discount Wine & Spirits LLC; d/b/a: Brook-Falls Discount Wine & Spirits 14835 W. Lisbon Road; Agent: Kulwinder K. Khera
Sendik’s Market Elmbrook Inc.; d/b/a: Piggly Wiggly #118 2315 N. 124th Street; Agent: Anthony B. Sendik
Sendik’s Fine Foods Inc.; d/b/a: Sendik’s Fine Foods 18985 W. Capitol Drive; Agent: Thomas Balistreri III
Sukh Corporation; d/b/a: Westbrook Beverage Center 13430 W. Greenfield Avenue; Agent: Sukhpreet Kaur
Cost Plus Inc.; d/b/a: World Market 625 Main Street; Agent: Cynthia Sayles-Albers
CLASS B BEER & LIQUOR
Bluemound Bowl & Entertainment Center LLc d/b/a: Bluemound Bowl 12935 W. Bluemound Road; Agent: Henry T. Posnanski
Bougey’s Bar & Grill LLC; d/b/a: Bougey’s Bar & Grill 16760 W. Greenfield Avenue; Agent: Gareth E. Trinko
Boulder Junction Inc.; d/b/a: Boulder Junction 12550 W. Burleigh Road; Agent: Josephine Militello
Brunch BKD LLC; d/b/a: Brunch 18895 W. Capitol Drive, Suite 103; Agent: Morgan K. Sampson
Butch’s Co. Inc.; d/b/a: Butch’s Red Mill 1005 S. Elm Grove Road; Agent: Bernard E. Schettle
Aimbridge Concessions Inc.; d/b/a: Doubletree Milwaukee/Brookfield 18155 W. Bluemound Road; Agent: Brittany Stockfisch
Elite Sports Club-Brookfield Inc.; d/b/a: Elite Sports Club-Brookfield 13825 W. Burleigh Road; Agent: Kay E. Yuspeh
Brookfield Hotel Limited Partnership d/b/a: Embassy Suites Milwaukee Brookfield 1200 S. Moorland Road; Agent: Mike D. Haddad
New Fujiyama Brookfield LLC; d/b/a: Fujiyama 17395D W. Bluemound Road; Agent: Xuelong Zhang
Marty’s Brookfield Inc.; d/b/a: Marty’s Pizza 16680 W. Bluemound Road; Agent: Edward H. Bautz
McZars IV LLC; d/b/a: Slim McGinn’s Irish Pub 14735 W. Lisbon Road; Agent: Julie L. Baker
New Taste of India II LLC; d/b/a: Taste of India 17115 W. Bluemound Road; Agent: Manjit Singh
Crepelove LLC; d/b/a: Vino Cappuccino 2848 N. Brookfield Road; Agent: Andreas Protopapas
RESERVE CLASS B BEER & LIQUOR
Krause Properties LLC; d/b/a: Krause Food Service 21600 W. Capitol Drive; Agent: Mark J. Krause
Adopted by the Common Council this day of , 2019
Approved: Attest:
Steven V. Ponto, Mayor Kelly Michaels, City Clerk