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Plan commission approves alcohol and outdoor-service CUPs for downtown tasting room after debate over outdoor smoking enforcement
Summary
Waunakee commissioners approved two conditional use permits for a downtown tasting room at 114 East Main Street — one for alcohol sales and one for outdoor eating/drinking (including cigar/pipe tobacco use). Commissioners debated adding a condition that would allow re-evaluation if outdoor smoke "volume" becomes an issue; the condition remained after debate about enforceability.
The Waunakee Plan Commission approved two conditional use permits (CUPs) for a tasting room at 114 East Main Street: one to permit alcohol sales in the C1D commercial downtown district and a second to permit outdoor eating and drinking that would include regulated on-site cigar and pipe tobacco smoking.
Lauren, village planning staff, told the commission that the proposed business is "a full-service bar and retail sale of cigars and pipe tobacco," and that on-site smoking is permitted for this use by a state law exemption. She said the applicant will install a commercial ventilation system engineered for cigar and pipe tobacco use and that standard CUP conditions (fencing, hours, fire-pit approval by the Waunakee Fire Department, and capacity controls set by the fire department or state statute) were in the draft permit.
Commissioners raised concerns about smoke drifting to neighboring tenants and residents, the ability of staff to enforce a subjective "volume" standard, and the responsibility of landlords to manage tenant conflicts. Joe Zitzelberger proposed a fifth condition that would allow the plan commission to re-evaluate a CUP "if smoke volume becomes an issue." Adam, the tasting-room general manager, said, "I don't think that we can really ... place an objective standard on it right now," describing enforcement challenges and the difficulty of specifying a numeric threshold before complaints arise.
Some commissioners argued the additional condition provides a needed enforcement pathway if smoke becomes a nuisance; others said it would create a staff burden because "volume" lacks an objective measure. The commission debated whether adding the condition would create precedent for other businesses but ultimately voted to retain the fifth condition and approve both CUPs. Meeting minutes record commissioners voting with at least one recorded opposition on the motions.
The CUPs include standard downtown restrictions: outdoor service hours limited to 9 p.m. Sunday–Thursday and 10 p.m. Friday–Saturday, required fencing for the outdoor patio, fire-pit approval from the Waunakee Fire Department, and re-evaluation authority for noise or parking complaints.
