‘Recreation’ beer license defined

A Class “B” Beer license is for the sale and on-site consumption of beer. Wisconsin statutes state that no other business may be conducted on a premises operating under a Class “B” license. The restriction does not apply to hotels, restaurants, combination grocery stores and taverns, combination sporting goods stores and taverns in towns, villages and fourth-class cities; combination novelty stores and taverns; bowling venter or recreation premises; a club, society, or lodge that has been in existence for six months or more prior to the date of filing application for the Class “B” license.

Cassie Rains, owner of Chroma, a new business located in the basement of the former Friedens United Church of Christ at 108 E. Milwaukee Ave., was seeking a Class “B” license.

She said the intent is to allow participants to enjoy a beverage while completing their art projects. She applied for a Class “B” wine license under the provision as a recreation premise, as permitted by statute.

According to the state Department of Revenue, it is up to the municipality to determine whet her an applicant is qualified because the statutes do not define a “recreation premise.” For any license, it would be issued at the council’s discretion and the applicant still would be governed by all alcohol laws appropriate to the license, including closing hours, having a licensed bartender, purchasing alcohol from a licensed Wisconsin wholesaler, the keeping of invoices, being subject to inspection by law enforcement, and having no unaccompanied underage persons on the premises.

The council discussed the definition of “recreation” over the course of three meetings, advanc ing the ordinance through it’s three readings.

On Tuesday, two amendments were offered before a final definition was approved.

As initially proposed, the definition in the ordinance read: “Recreation means any activity undertaken for the purpose of exercise, relaxation, pleasure or cultural pursuit, including practice or instruction in any such activity.”

City Manager Evelyn Johnson had proposed adding the wording, “said recreation shall occur in a building or place that is open to the public where sports are played, or there are activities such as art, mustic or other leisure pursuits.”

In addition, council member John Mielke proposed alternative wording that stated, “Recreational premises are defined as businesses which have as their primary business: 1. Physical activities such as skiing, tennis, bowling, golf, fitness or swimming. 2. Or premises that open to people who have paid an entrance fee, registration fee, or who have purchased a ticket permitting use of the facility.”

For the first attempted amendment, council member Dick Schultz proposed adding the wording suggested by Mielke. However, Mielke suggested to either stay with the original definition and add Johnson’s additional wording or replace it with his proposed definition. He said he felt that simply adding his definition was overkill and did not think it necessary to define both recreation and recreation premises.

The council voted down the initial amendment and then unanimously supported an amendment and approved the ordinance to use Mielke’s suggested definition.

Rains is anticipated to appear at a future meeting to seek approval for a license.

Also Tuesday, the council reviewed the final financial statements from 2013 and approved non-lapsing accounts totaling $501,211 and year-end appropriations of $72,350.

City Clerk/Treasurer Matt Trebatoski noted that the city’s general fund balance did increase $150,000, despite a net loss of about $90,000 in the city’s tax incremental finance districts and $125,000 in snow- and-ice-removal costs than what was originally budgeted.

“The fund balance still is quite low and we’ll need to have that as a concern as we move forward,” he said.

In addition, he noted that two full-time positions were restored at the end of 2013, in the Department of Public Works and Parks and Recreation Department.

Trebatoski said the non-lapsing accounts carried forward from 2013 to 2014 was higher than it had been in the past, totaling $501,211. The two largest items include $129,330 in contributions to the Dwight Foster Public Library remodeling project completed three years ago and $120,000 for a salt shed project that was unable to be completed in 2013.

Overdrawn accounts totaled $72,350, which he noted was higher than 2012, but within reason. Combined with underdrawn accounts, funding to cover the overdrawn accounts did not exceed the overall budget for 2013.

In other business Tuesday, the council:

• Moved the Tuesday, April 1, council meeting to Thursday, April 3, due to the spring election

• Approved a Class “A” Fermented Malt Beverage license and “Class A” liquor license for Festival Foods at 328 Washington St.

• Authorized the annual request by the Fort Koshkonong Rendezvous Committee to hold its event on May 23-24 at Rock River Park, including a waiver of the gun discharge ordinance to allow for black powder demonstrations.

• Conducted its annual review of the city manager.