Two Chez Bistro, Green Lake Wisconsin

One day at a time

2008-05-15T09:25:00.002-05:00

So you'll see in the recent Green Lake Reporter that we approached the city, once again, prior to the annual renewal of liquor licenses.
We still believe that since there is no property right to a license, the Heidel House qualifies for the non-quota license based on capacity. Legislature has confirmed that our City has the legal authority to issue such a license. Heidel House argues that they don't want the non-quota license because it inhibits their ability to downsize.
Wonder why you would build a million dollar spa and then downsize.
Anyhow, if you believe the state representatives are actually working on a bill to increase the quota for full service restaurants, we don't see the harm. In a year there should be more.
We have even offered to sign a contract that would return the quota license if they did down size.
Just an FYI - there is no technical difference between the non-quota and the quota license. It's just how the city tallies the numbers.
Next point in case: JT Skewers is closed. Last year we argued that the capacity of Skewers makes them a quota exception (300 seats), but the city can't decide if capacity is determined by fire code, number of chairs, what the owner says, etc. The state won't define it, because they want to give the city the control (at least that is our assumption). So that's one avenue.
The other is abandonment. This means that when a business is closed for a certain period of time, they lose the automatic renew right for the liquor license.
So the building is empty and has been since late December. It's on the market, of course, as it has been for years. The current agent that holds the license is threatening to open to negate the abandonment clause. But what is the likelihood that another restaurant will open there? It's on a major highway. Three restaurants have failed there. So are we going to tie up a license for another year.
Here's the real issue: is the city in the business of issuing liquor licenses to sell real estate, or to provide a service to our tourists (and help a local business)?

Exception to Quota

2008-05-15T09:09:00.002-05:00

Many of you must have noticed the recent news about a town called Saukville.
Population of about 7000.
They had the same license quota issue.
They got a bill passed (ACT 192) and signed into law via Mark Gottlieb and Sen. Grothman to suspend the quota law for a short period of time to allow the city to issue another license for this one business.

Apparently the thought behind this action was " a family-owned business was going to go bankrupt and 25 people would lose their jobs".
re: JS Online:
State Sen. Glenn Grothman (R-West Bend) has said he introduced the bill to help one business, Messina Two Inc., 151 Progress Drive, Saukville, get a license to serve liquor in addition to the wine and beer the restaurant serves.

The bill is designed to help just one business because political reality is such that the Tavern League of Wisconsin would not allow a broader-based bill to get passed, Grothman has said."

First of all: good for them.
Second of all: aren't most of us family owned businesses on the brink of bankruptcy with a full liquor license.

Thanks to the Tavern League

2008-04-10T08:42:00.002-05:00

Many of you have emailed us directly to ask about the status of this. Disappointingly, none of our representatives have publicly given an update, so here it is:
It's going nowhere due to the Tavern League.
That's directly from Mark Gottlieb's office.
We're researching information on the Tavern League's position, and keeping our fingers crossed that another angle turns up. We'd love to have the full license for this year's season. Our estimation is a 20% increase in revenues....

A new proposal circulating

2007-10-31T09:37:00.000-05:00

TO: All Legislators
FROM: Senator Jim Sullivan Senator Glenn Grothman Representative Mark Gottlieb Representative Gordon Hintz
DATE: June 15, 2007
RE: Co-sponsorship of LRB-2326/1 – Creating an Economic Development Exemption to the Quota on “Class B” Liquor Licenses
We are introducing LRB-2326/1 which will create an economic development exemption to the state-imposed limit on the number of liquor licenses a municipality may issue. Numerous communities around the state, such as Oconomowoc, Delafield, Oshkosh, Monona, Green Lake, Slinger, Ripon, Lake Geneva, Saukville, and West Allis to name a few, are at or near their quota and have no liquor licenses available to issue.
Such municipalities are unable to accommodate restaurants seeking to anchor mixed-use developments in their community because no liquor licenses are available. These communities are foregoing potential economic development opportunities that are vital to their community's redevelopment and growth. Currently, state statutes exempt only restaurants with a seating capacity of 300 or more.
This bill will exempt full-service restaurants from the limit on the number of liquor licenses that a municipality can issue. The bill defines a full-service restaurant as establishments where meals are prepared, served, and sold for consumption on the premises and in which the sale of alcohol beverages accounts for 50 percent or less of the restaurant's gross receipts. The local community will maintain the authority to issue, or not issue, "Class B" liquor licenses that best meet the needs of their communities.
The League of Wisconsin Municipalities supports this legislation.
In the previous co-sponsorship memo, it was indicated that the Wisconsin Restaurant Association supports the proposed legislation. While many restaurants have indicated their support for the proposal, at this time, the Wisconsin Restaurant Association has no position on the proposal. We apologize for the misstatement and any confusion it may have caused.
If you would like to co-sponsor this legislation, please call Sen. Sullivan’s office at 6-2512 or Rep. Gottlieb’s office at 7-2369 by Friday, June 22.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from selling alcohol beverages at retail unless the seller possesses a license or permit authorizing the sale. A “Class B” license authorizes the retail sale of intoxicating liquor for consumption on the licensed premises and, depending on the type of intoxicating liquor and whether a municipal ordinance has been adopted, may also authorize the retail sale of intoxicating liquor for consumption off the licensed premises, subject to certain limitations. Current law imposes a quota on the number of “Class B” licenses that a municipality may issue. This quota is generally determined by a formula based on the number of licenses previously issued by the municipality and the municipality’s population. Current law provides quota exceptions for a full−service restaurant that has a seating capacity of 300 or more persons and for a hotel that has 50 or more rooms and has a restaurant or banquet room meeting certain criteria. Current law also provides a quota exception for certain opera houses and theaters, but a “Class B” license issued under this exception authorizes the sale of intoxicating liquor only for consumption on the premises and only in connection with ticketed performances. This bill modifies the quota exception for full−service restaurants. The bill provides a quota exception for full−service restaurants regardless of seating capacity, but creates a definition of “full−service restaurant” that limits the exception to establishments where meals are prepared, served, and sold for consumption on the premises and in which the sale of alcohol beverages accounts for 50 percent or less of the establishment’s gross receipts. In addition, a “Class B” license issued under this exception authorizes the sale of intoxicating liquor only for consumption on the premises. For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

And then it falls off the budget :{

2007-10-26T13:03:00.000-05:00

So much for getting lucky enough to have this license in time for the holidays.
Here's what Mark Gottlieb's office said about it:

Unfortunately, this provision was not included in the final budget compromise bill. This was very disappointing to me and just one of numerous reasons why I did not lend my support for passage of the budget.

Sen. Sullivan and I will now be introducing identical companion bills in the Assembly and Senate. There are a number of our colleagues who support this legislation and so we are hopeful that we can move forward in a bipartisan manner and get one of these bills signed into law before the end of session.

Assembly adds to budget

2007-07-17T11:07:00.000-05:00

http://www.jsonline.com/story/index.aspx?id=632705

Getting a bill number is next

2007-06-19T13:05:00.000-05:00

Luther Olsen's office emailed today:
This draft should have a bill number by either late next week of the first week of July. Once it has a bill number we can start looking out for the public hearing notice

Rep. Mark Gottlieb

2007-06-15T15:06:00.000-05:00

Mark Gottlieb contacted us today - he and Senator Sullivan have released the cosponsorship memo for this bill. The deadline for legislators to sign on is Friday, June 22nd.
Any contact with representatives/senators to support this bill will help.
Any of you out there who have corresponded on behalf of this bill - thank you very much. We think it's getting some much needed attention.

Luther Olsen

2007-06-15T15:04:00.000-05:00

We were just notified that Luther Olsen has signed his name to this bill. Thank you Mr. Olsen! The support network is growing.

Contact information for State Legislation

2007-06-12T20:03:00.000-05:00

As you know, we have been creatively lobbying the city of green lake for a full liquor license. You can imagine the importance to our business of offering full bar selections.
The city of Green Lake can't issue a license due to state quota regulations.
There is legislation being written to allow all Wisconsin cities to issue licenses to full service restaurants.
We need to drum up support for this bill. This is done by calling/emailing state officials, requesting that they support the bill.
If you would like to read more:
http://www.newslettermonkey.com/news/?ng=5D6799&NID=3716

Please, help us send the message to these guys that we need this change to the rules to help small businesses survive.
We appreciate your support in any way.
Please see our website for futher updates.

These communities are in the same situation:
Oconomowoc
Delafield
Oshkosh
Monona
Saukville
Slinger
Lake Geneva
Tomah
Support for Senate Bill LRB 2326/1Creates exemption for full service restaurants from state quota on liquor licenses.
Sponsors:
Sen. Jim Sullivan (D-Wauwatosa)608-266-2512
sen.sullivan@legis.wi.gov
Sen. Glenn Grothman (R-Westbend) 608-266-7513 sen.grothman@legis.wi.gov
Rep. Mark Gottlieb (R-Port Washington)608-267-2369 rep.gottlieb@legis.wisconsin.gov
Call and ask these guys to sponsor the bill:
Scott Fitzgerald (Senate Leader)608-266-5660
sen.fitzgerald@legis.wi.gov
Sen. Luther Olsen800-991-5541
sen.olsen@legis.state.wi.us
Rep. Joan Ballweg608-266-8077
rep.ballweg@legis.wi.gov
Senate Majority Leader Judy Robson
(608) 266-2253
sen.robson@legis.wi.gov

LRB 2326/1

2007-06-12T20:00:00.000-05:00

This blog has been created to keep up a current status of a potential Senate Bill LRB2326/1 that would amend the exception for full liquor licenses, providing them for full service restaurants.

This bill is currently being written.
Then it needs to be co-sponsored by other representatives/senators.
Once this happens, a committee meeting is formed to get the bill formally written and to the Senate.

We're asking anyone who is willing to contact legislators and express support for this bill. Please email/call us with questions.

How the process works

2007-06-12T19:00:00.000-05:00

From Rep. Ballweg's office (Thanks to Vince).
The bill is circulating for co-sponsors right now. Once Sen. Sullivan has collected all the names of the co-sponsors, then the bill will be introduced. Then it is up to the leader in the Senate (since Senator Sullivan is the main author) to refer the bill to a committee.

Yes, Rep. Ballweg is a co-sponsor of Sen. Sullivan's bill, there will only be one bill. (some bills have two identical bills introduced, one in each house)

So, there will be one committee that will hold a hearing on the bill in the Senate. If the bill passes that committee, then it will be voted on by the full Senate. If it passes in the Senate, then it is sent over to the Assembly, and it goes through the process again. The bill will be referred to a committee, and that committee can schedule a public hearing, then that committee would have to vote on the bill, and after that, it would be voted on by the full Assembly.

Finally, after passing in both houses, the bill will be sent to the Governor's desk, where he can sign it into law or veto the bill.

Sen. Sullivan's office is correct. In about three weeks, the bill should be introduced and referred to a Senate committee. It is highly unlikely though that whichever committee the bill is referred to will hold a public hearing right away on the bill.

The main focus for both houses of the legislature is the State Budget. It is supposed to be passed by July 1st. Most observers agree that it will be delayed this year, primarily because the legislature is split with democrats controlling the Senate and republicans in charge of the Assembly. Until work on the budget is complete, very few committees will meet to take up other business.

Also, the next floor period is not scheduled until the week of September 17th. Committees can meet prior to that time, but that is the earliest that the bill could get scheduled for a vote by the full Senate.

The process.

A message to Wisconsin Legislators

2007-06-12T18:21:00.000-05:00

To: Wisconsin State Legislators
From: Curt Witynski, Assistant Director, League of Wisconsin Municipalities
Date: June 12, 2007
Re: Support for LRB-2326, Expanding Restaurant Exemption to the Quota on “Class B” Liquor Licenses

The League of Wisconsin Municipalities urges you to sign on to legislation being circulated for co-sponsorship by Sen. Sullivan and Rep. Gottlieb expanding the restaurant exemption to the state-imposed limit on the number of liquor licenses a municipality may issue. Many municipalities around the state are unable to accommodate restaurants seeking to anchor mixed-use developments in their community because no liquor licenses are available. These communities are missing out on economic development opportunities that are vital to their community's redevelopment and growth. Currently, state statutes exempt only restaurants with a seating capacity of 300 or more. This bill exempts full-service restaurants from the limit on the number of liquor licenses that a municipality can issue.

Despite the Tavern League’s concerns, this bill does not end the quota on tavern licenses.

If you are pro-local control and support economic development and job growth within your communities, then sign on as a co-sponsor of this important legislation. Thanks for considering our comments.
See the editorial linked below for more reasons to sign on to this bill.
http://www.thenorthwestern.com/apps/pbcs.dll/article?AID=/20070612/OSH06/706120365/1189

*****************************************
Curt Witynski
Assistant Director
League of Wisconsin Municipalities
122 West Washington Ave.
Madison, WI 53703

(608) 267-2380

Draft of LRB2326/1

2007-06-12T14:06:00.000-05:00

Here's the draft from Rep. Ballweg.
http://twochez.com/07-23261.pdf

Rep Ballweg's co-sponsorship

2007-06-12T14:04:00.000-05:00

TO: All Legislators
FROM: Senator Jim Sullivan Senator Glenn Grothman Representative Mark Gottlieb Representative Gordon Hintz
DATE: June 11, 2007
RE: Co-sponsorship of LRB-2326/1 – Creating an Economic Development Exemption to the Quota on “Class B” Liquor Licenses
We are introducing LRB-2326/1 which will create an economic development exemption to the state-imposed limit on the number of liquor licenses a municipality may issue. Numerous communities around the state, such as Oconomowoc, Delafield, Oshkosh, Monona, Green Lake, Slinger, Ripon, Lake Geneva, Saukville, and West Allis to name a few, are at or near their quota and have no liquor licenses available to issue.
Such municipalities are unable to accommodate restaurants seeking to anchor mixed-use developments in their community because no liquor licenses are available. These communities are foregoing potential economic development opportunities that are vital to their community's redevelopment and growth. Currently, state statutes exempt only restaurants with a seating capacity of 300 or more.
This bill will exempt full-service restaurants from the limit on the number of liquor licenses that a municipality can issue. The bill defines a full-service restaurant as establishments where meals are prepared, served, and sold for consumption on the premises and in which the sale of alcohol beverages accounts for 50 percent or less of the restaurant's gross receipts. The local community will maintain the authority to issue, or not issue, "Class B" liquor licenses that best meet the needs of their communities.
The League of Wisconsin Municipalities and the Wisconsin Restaurant Association have indicated their support this legislation.
If you would like to co-sponsor this legislation, please call Sen. Sullivan’s office at 6-2512 or Rep. Gottlieb’s office at 7-2369 by Friday, June 22.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from selling alcohol beverages at retail unless the seller possesses a license or permit authorizing the sale. A “Class B” license authorizes the retail sale of intoxicating liquor for consumption on the licensed premises and, depending on the type of intoxicating liquor and whether a municipal ordinance has been adopted, may also authorize the retail sale of intoxicating liquor for consumption off the licensed premises, subject to certain limitations. Current law imposes a quota on the number of “Class B” licenses that a municipality may issue. This quota is generally determined by a formula based on the number of licenses previously issued by the municipality and the municipality’s population. Current law provides quota exceptions for a full−service restaurant that has a seating capacity of 300 or more persons and for a hotel that has 50 or more rooms and has a restaurant or banquet room meeting certain criteria. Current law also provides a quota exception for certain opera houses and theaters, but a “Class B” license issued under this exception authorizes the sale of intoxicating liquor only for consumption on the premises and only in connection with ticketed performances. This bill modifies the quota exception for full−service restaurants. The bill provides a quota exception for full−service restaurants regardless of seating capacity, but creates a definition of “full−service restaurant” that limits the exception to establishments where meals are prepared, served, and sold for consumption on the premises and in which the sale of alcohol beverages accounts for 50 percent or less of the establishment’s gross receipts. In addition, a “Class B” license issued under this exception authorizes the sale of intoxicating liquor only for consumption on the premises. For further information see the local fiscal estimate, which will be printed as an appendix to this bill.