Fiscal Note
No City appropriation required.
Title
SECOND SUBSTITUTE: Amending Section 38.05(9)(f) of the Madison General Ordinances related to geographic limitations on Class A and Class B license applications considered by the Common Council after adoption of this ordinance for purposes of regulating density of such alcohol beverage licenses.
Body
DRAFTER’S ANALYSIS: This ordinance provides an objective basis for limiting the granting of liquor licenses for “Class A” and Class “A” establishments for the purpose of limiting density and proximity of such licenses to sensitive sites. A “Class A” license authorizes the retail sale of intoxicating liquor for consumption off the licensed premises where sold in the original packages and containers (also authorizes on premises free taste samples in limited quantities). A Class “A” license authorizes retail sales of fermented malt beverages (e.g. beer, wine coolers) for consumption off the licensed premises where sold and in the original packages, containers, and bottles (also authorizes on premises free taste samples in limited quantities). No sale of alcohol beverages is permitted between the hours of 9 pm and 8 am. Currently there are no limitations on how many “Class A” and Class “A” alcohol beverage licenses can be approved and issued by a municipality. The decision to limit such licenses lies within the individual municipality. The City of Madison currently has 131 active Class A licenses. An applicant has no legal right to the issuance of an alcohol beverage license. Such license is a privilege, not a right. This amendment seeks to limit density and concentration of “Class A” and Class “A” alcohol beverage licenses near sensitive sites by imposing geographic limitations. Research has shown that an over-concentration of alcohol outlets increases the level of alcohol-related disorder and crime. High alcohol outlet density is associated with many social harms among neighborhoods in and around the alcohol outlets, such as disorderly conduct, noise, neighborhood disruption, public nuisance, and property damage. High alcohol outlet density is also linked with many alcohol-attributable effects among neighborhoods further away from alcohol outlets, such as alcohol-impaired driving, pedestrian injuries, domestic violence, and child abuse and neglect. The Task Force on Community Preventive Services (Campbell et al., 2009) recommended that “limiting alcohol beverage outlet density-either by reducing density levels or limiting density growth-can be an effective means of reducing the harms associated with excessive alcohol consumption.” This ordinance would apply to all Class A license applications filed with the City of Madison Clerk’s Office, or already on file in the Clerk’s Office but not yet granted, upon adoption.
The substitute clarifies which types of entities would create a geographic limitation for a Class A license. The substitute updaters the word “churches” to “places of worship”. It clarifies that entities serving the unhoused must be entities with “a primary purpose of proving services to unhoused individuals” in order to create a geographic limitation. The substitute also removes parks and adds other Class A entities as places that create a geographic limitation for Class A licenses. The substitute clarifies that geographic limitations apply to all new Class A applicants, but there are two situations in which the ALRC could make an exception: for pharmacies and grocery stores. Even if an entity qualifies as a pharmacy or grocery store, the ALRC would need three-fourths (3/4) of its members to approve an exception to grant a Class A license that would normally be prohibited due to geographic limitations.
The second substitute simplifies the concept of geographic limitations for alcohol licenses by adding on to existing state statute and local ordinance rather than creating a new ordinance with different distance and license requirements. The amendment in the second substitute changes “churches” to “places of worship” and adds the following locations to the geographic limitation list: entities with the primary purpose of serving unhoused individuals, treatment facilities as defined by Wisconsin State Statute Chapter 51, and other Class A or Class B licenses. No Class A or Class B licenses or permits may be issued if the main entrance of the premise is less than 300 feet from the locations on the geographic limitation list unless the prohibition is expressly waived by a majority vote of the Common Council.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subdivision (f) entitled “Schools, Churches, Hospitals and Libraries” of Subsection (3) entitled “Application for Licenses” of Section 38.05 entitled “General Licensing Requirements” of the Madison General Ordinances is amended as follows:
“(f) Schools, Churches, Hospitals, Places of Worship, and Libraries, Services for the Unhoused, Treatment Facilities and Other Licenses. No Class A or Class B license or permit may be issued for premises the main entrance of which is less than 300 feet from the main entrance of any public or parochial school, hospital, church place of worship or public library, an entity with the primary purpose of providing services to unhoused individuals, a treatment facility as defined in Wisconsin State Statute Chapter 51, or another Class A or Class B License, except that this prohibition may be purposely and expressly waived by a majority vote of the Common Council. The distance shall be measured by the shortest route along the highway from the main entrance of the school, church, hospital, place of worship, or library, entity serving unhoused individuals, treatment facility, or another Class A or Class B license to the main entrance of the premises covered by the license. The prohibition in this paragraph does not apply to any of the following:
1. Premises covered by a license on June 30, 1947.
2. Premises covered by a license prior to the occupation of real property within 300 feet thereof by any school, hospital, church or library building place of worship, library, entity serving unhoused individuals, treatment facility, or another Class A or Class B license.
3. A restaurant located within 300 feet of a church, school, hospital, place of worship, library, entity serving unhoused individuals, treatment facility, or another Class A or Class B license. This subdivision applies only to restaurants in which the sale of alcohol beverages accounts for less than 50% of its gross receipts.”
Editor’s note:
Title (Version 1): Amending Section 38.05(9)(a) and creating 38.05(b) and (c) of the Madison General Ordinances related to Class A and Class “A” alcohol beverage licenses to impose geographic limitations on “Class A” and Class “A” license applications considered by the Common Council after adoption of this ordinance for purposes of regulating density of such alcohol beverage licenses.
Title (Version 2): SUBSTITUTE: Amending Section 38.05(9)(a) and creating 38.05(9)(b) (a)1. and (c) (a)2. of the Madison General Ordinances related to Class A and Class “A” alcohol beverage licenses to impose geographic limitations on “Class A” and Class “A” Class A and Class B license applications considered by the Common Council after adoption of this ordinance for purposes of regulating density of such alcohol beverage licenses.
Title (Version 3): SUBSTITUTE: Amending Section 38.05(9)(a) and creating 38.05(9)(b) (a)1. and (c) (a)2. 38.05(9)(f) of the Madison General Ordinances related to Class A and Class “A” alcohol beverage licenses to impose geographic limitations on “Class A” and Class “A” license applications considered by the Common Council after adoption of this ordinance for purposes of regulating density of such alcohol beverage licenses.