Madison, WI Header
File #: 53221    Version: Name: Tasting Room
Type: Ordinance Status: Passed
File created: 9/18/2018 In control: Attorney's Office/Approval Group
On agenda: 11/20/2018 Final action: 11/20/2018
Enactment date: 12/4/2018 Enactment #: ORD-18-00118
Title: 2nd SUBSTITUTE Amending Sections 28.211, 28.151, 28.061, 28.072, 28.082 and 28.091 of the Madison General Ordinances to add Tasting Room as a use and to amend the supplemental regulations of Restaurant-Nightclub and make Restaurant-Nightclub a conditional use in all districts where it is allowed.
Sponsors: Marsha A. Rummel
Attachments: 1. Version 3 - 2nd Sub Body, 2. Version 2 -Substitute Body, 3. Version 1, 4. zt101518.pdf, 5. Nordstrom comments_10-14-18.pdf, 6. Plan Commission NMX and alcohol.pdf
Date Ver.Action ByActionResultAction DetailsMeeting DetailsWatch
11/20/20183 COMMON COUNCIL Adopt as Substituted and Close the Public HearingPass Action details Meeting details Not available
11/5/20182 PLAN COMMISSION RECOMMEND TO COUNCIL TO ADOPT - RECESSED PUBLIC HEARINGPass Action details Meeting details Not available
10/30/20182 COMMON COUNCIL Re-refer for Recessed Public HearingPass Action details Meeting details Not available
10/15/20181 PLAN COMMISSION RECOMMEND TO COUNCIL TO RE-REFER - PUBLIC HEARINGPass Action details Meeting details Not available
9/25/20181 COMMON COUNCIL ReferPass Action details Meeting details Not available
9/18/20181 Attorney's Office/Approval Group Referred for Introduction  Action details Meeting details Not available

Fiscal Note

No additional City appropriation required.

Title

2nd SUBSTITUTE Amending Sections 28.211, 28.151, 28.061, 28.072, 28.082 and 28.091 of the Madison General Ordinances to add Tasting Room as a use and to amend the supplemental regulations of Restaurant-Nightclub and make Restaurant-Nightclub a conditional use in all districts where it is allowed.

Body

DRAFTER'S ANALYSIS:  This ordinance adds Tasting Room as a use in the food and beverage use category.  Tasting rooms are a relatively new use that are becoming more frequently requested in Madison.  Tasting Rooms are places that offer beer, wine, or liquor for consumption on the premises that was manufactured or rectified on the premises or at an off-site location associated with the Tasting Room. Under state law, as long as these establishments sell only the beer, wine, or liquor that they manufacture or rectify, they do not require a class A or B liquor license and, therefore, do not have regulatory oversight by the City like other similar alcohol and beverage uses.  They are licensed by the Wisconsin Department of Revenue.  Accordingly, this ordinance adds Tasting Room as a use and makes it a conditional use in all employment districts and in NMX, MXC, TSS, CC and CC-T.  As a conditional use, the city will be able to exercise regulatory oversight similar to that provided to traditional licensed establishments.

 

This ordinance also amends the supplemental regulations for Restaurant-Nightclub.  Under the current ordinance, only restaurant-nightclubs that operate between the house of midnight and 5 a.m. require conditional use approval.  This ordinance makes all restaurant-nightclubs a conditional use.  It also removes the exception in the supplemental regulation making restaurant night clubs established before the effective date of the ordinance a permitted (as opposed to a nonconforming) use. 

 

This Substitute retains Restaurant-tavern as a Conditional Use in the LMX and NMX Districts.

 

This 2nd Substitute makes Brewpub a Conditional Use in the LMX and NMX Districts and revises the definition of Brewpub.

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The Common Council of the City of Madison do hereby ordain as follows:

                     Please see "2nd Substitute Body" in Attachments.