Council debates alcohol‑licensing ordinance change after state law update; motion to withdraw fails

Oshkosh Common Council · November 27, 2024

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Summary

Council debated proposed updates to alcohol licensing (ordinance 24-630) seeking to codify review criteria after state changes; some members objected to applying explicit zoning review to all Class B licenses. A motion to withdraw the draft failed; the ordinance will return for further consideration.

The Oshkosh Common Council spent an extended portion of its Dec. 3 meeting discussing ordinance 24-630, a staff‑led effort to align city alcohol‑licensing rules with changes in state law and to establish review criteria for full‑service retail (FSR) outlets.

Assistant City Attorney Lynn and staff explained that the 2023 state statute changes require municipalities to adopt ordinance criteria for reviewing certain new licenses, and the draft would codify current practices—police, fire and health reviews and zoning compatibility—so applicants know what to expect. Several council members, led by Council Member Larson, said the draft as written went too far by explicitly adding a zoning-review step and potentially applying new requirements to every Class B license rather than only to FSRs tied to production premises.

Larson and others argued that listing zoning as an explicit application requirement could add unnecessary burdens and raise competitive concerns for local license applicants. Staff and other council members said the proposal mostly codifies existing practice and that failing to adopt clear ordinance language could weaken the city’s ability to enforce zoning or consistently review applications under the new statute.

A motion to withdraw the ordinance (and not read it a second time) was moved but lost on a roll call vote, 2–5. Council indicated the item will return for further review; staff said they had sought outside counsel and intended the measure as housekeeping to match state law rather than to create new burdens.