The Safety and Licensing Committee voted unanimously Oct. 8 to hold consideration of a mechanical amusement-device license for Mad Elephant so city attorneys and police can inspect the machines and gather additional information.

Attorney Berwin told the committee he requested the referral back because the city should examine how the machines operate in person and assess whether they comply with Appleton code and state statutes: “I think there is a good amount of legwork that could be done to really do a full in person ... and see them and inspect them in that regard,” Berwin said.

Committee members discussed confusion over state law that some had understood to permit certain devices in Class B liquor-licensed establishments. Attorney Berwin clarified that state law provides a reduction in criminal exposure under a specific threshold but does not make gambling devices lawful for Class B establishments; he said Appleton's code also prohibits such devices and the city can enforce that prohibition separately from state criminal rules.

Clerk Mueller confirmed the license period for mechanical devices runs one year, July 1 to June 30, concurrent with alcohol licenses.

Alder Denise Fenton moved to hold the item to the Oct. 22 Safety and Licensing meeting; the motion passed on a voice vote, 5-0. Chair Chris Croat later noted at least one other pending application appears to involve similar machines and said a coordinated review would save time on future applications.

Attorney Berwin said the committee can expect a status update and additional information at a future meeting, and that policing and legal staff will work to determine whether existing machines in the city comply with statutes and the city code before the committee acts on licenses.