Draft amendments to the city’s Alcohol License Density Ordinance and the “Sober Server” ordinance were approved by subcommittee members and representatives from Madison’s Central Business Improvement District Tuesday.
Members addressed concerns with the difficulties brought about by ALDO’s 365-day grace period requiring new licensees to apply within the time period after the previous owner has ceased operations and expanding the regulations concerning increasing an establishment’s capacity.
Ald. Mike Verveer, District 4 and ALDO subcommittee member, said immediate changes need to be made to the ordinance to ensure its effectiveness. The ordinance is set to expire in October due to its sunset clause if it is not reviewed and reapproved by the proper city agencies.
“I think it’s an issue that will continue to rear its head,” Subcommittee Chair Rick Petri said. “I wouldn’t call it ugly.”
The meeting saw the unanimous approval of draft language that would do away with the 365-day grace period entirely. BID Executive Director Mary Carbine restated the subcommittee’s observation that finding a viable tenant for an establishment can take two to three years due the current economic situation.
“There’s a realization that there’s much more than a narrow scope… that it’s affecting the whole community and local businesses,” Verveer said.
The amendment to capacity would enable establishments to increase capacity if building code permits it and either expansion or physical improvements to the building allow it. City Council may also review capacities that it set on a temporary basis.
The “Sober Server” Ordinance has drawn criticism since its introduction by Mayor Dave Cieslewicz early this year. In the original proposal, the definition of ‘intoxicated’ was convoluted and prohibited staff or contractors from drinking while on duty. The subcommittee approved a draft for redefining ‘under the influence’.
Verveer added that one of the main arguments with respect to the ordinance was that it was simply too long.
The language that defines ‘under the influence’ now reads “the actor’s ability is materially impaired because of his or her consumption of an alcohol beverage.”
“The cops never had any difficulty in interpreting that language,” Petri said. “They could tell a drunk.”
The subcommittee also looked to allow more flexibility for entertainment establishments.
ALDO currently allows licenses for non-tavern establishments provided that it generates no more than 25 percent of its annual gross revenues through the sale of alcohol. The other stipulation is that the establishment could generate at least 50 percent of its revenues from food.
Subcommittee members said they wanted to better define what could be considered an entertainment venue. Some members voiced their concern that entertainment venues, though deserving of a chance in the marketplace, were not always ready to handle their clientele.
“In terms of entertainment, historically at least, certain establishments have run into major problems with law enforcement because of an inability to handle patrons’ behavior,” Petri said.
