MONROE - A license application recommended to the Monroe Common Council by the License Committee was denied based on legality concerns by aldermen Wednesday.
The request for a "Class C" wine license came from Bullquarian Brewhouse, a taproom just south of the downtown Square that has been in operation for nearly a year. Ethan Kister, Monroe, brews his own beer at the location and serves other less mainstream beverages brewed within the state.
The goal was to grow his business, Kister said. He and wife Michelle had recently started serving homemade pizzas and said that while business was faring well serving beer, some visitors prefer a sweeter drink over the taste of hops. After five aldermen voted to deny the request, he and Michelle left the meeting.
"I don't think I was treated fairly," Kister said.
But the city was hesitant for legality reasons, Mayor Louis Armstrong explained during the proceeding. After a committee meeting March 20 during which members gave a general consensus to gather more information before voting, City Attorney Dan Bartholf dispersed a legal opinion that Bullquarian does not fit the legal requirement to be allowed that type of license.
According to Wisconsin Statute 125.51(3m)(c), a "Class C" license may be issued "for a restaurant in which the sale of alcohol beverages accounts for less than 50 percent of gross receipts and which does not have a barroom." Or a restaurant could be granted the license if sale of alcoholic beverages "accounts for less than 50 percent of gross receipts and which has a barroom in which wine is the only intoxicating liquor sold."
The city specified Bullquarian did not meet any of the criteria.
After initial refusal by Alderman Richard Thoman to move for consideration of the application, fellow council member Tom Miller stepped in.
"I think we need to work with this facility to help them grow," Miller said, adding that the small brewery is a popular establishment within the city, which should be trying to help them attract more customers.
Alderman Ron Marsh said he was not in favor of ignoring state law, noting the license was originally designed for restaurants with alcohol making up less than 35 percent of sales. Council member Brooke Bauman said the legality question was a cause for concern and while the city should help growing businesses, it must do so within the terms of the law.
City Clerk Arianna Voegeli informed council members she had spoken to Jason Lee, alcohol and tobacco enforcement agent within the Wisconsin Department of Revenue, who explained that with the current brewery permit held by Kister, the taproom could purchase and sell malt beverages like wine coolers.
But Kister could change Bullquarian to a brewpub permit, which would allow the establishment to sell wine alongside the beer. Due to the city's reaction, Kister said he does not plan to pursue any changes for the time being.
"It's a lot of work on my part if the city won't work with me," Kister said.
Miller and Alderman Charles Koch voted to approve the license application. Fellow council members Chris Beer, Rob Schilt, Thoman, Marsh and Bauman voted against it. Aldermen Jeff Newcomer and Michael Boyce were absent.
The request for a "Class C" wine license came from Bullquarian Brewhouse, a taproom just south of the downtown Square that has been in operation for nearly a year. Ethan Kister, Monroe, brews his own beer at the location and serves other less mainstream beverages brewed within the state.
The goal was to grow his business, Kister said. He and wife Michelle had recently started serving homemade pizzas and said that while business was faring well serving beer, some visitors prefer a sweeter drink over the taste of hops. After five aldermen voted to deny the request, he and Michelle left the meeting.
"I don't think I was treated fairly," Kister said.
But the city was hesitant for legality reasons, Mayor Louis Armstrong explained during the proceeding. After a committee meeting March 20 during which members gave a general consensus to gather more information before voting, City Attorney Dan Bartholf dispersed a legal opinion that Bullquarian does not fit the legal requirement to be allowed that type of license.
According to Wisconsin Statute 125.51(3m)(c), a "Class C" license may be issued "for a restaurant in which the sale of alcohol beverages accounts for less than 50 percent of gross receipts and which does not have a barroom." Or a restaurant could be granted the license if sale of alcoholic beverages "accounts for less than 50 percent of gross receipts and which has a barroom in which wine is the only intoxicating liquor sold."
The city specified Bullquarian did not meet any of the criteria.
After initial refusal by Alderman Richard Thoman to move for consideration of the application, fellow council member Tom Miller stepped in.
"I think we need to work with this facility to help them grow," Miller said, adding that the small brewery is a popular establishment within the city, which should be trying to help them attract more customers.
Alderman Ron Marsh said he was not in favor of ignoring state law, noting the license was originally designed for restaurants with alcohol making up less than 35 percent of sales. Council member Brooke Bauman said the legality question was a cause for concern and while the city should help growing businesses, it must do so within the terms of the law.
City Clerk Arianna Voegeli informed council members she had spoken to Jason Lee, alcohol and tobacco enforcement agent within the Wisconsin Department of Revenue, who explained that with the current brewery permit held by Kister, the taproom could purchase and sell malt beverages like wine coolers.
But Kister could change Bullquarian to a brewpub permit, which would allow the establishment to sell wine alongside the beer. Due to the city's reaction, Kister said he does not plan to pursue any changes for the time being.
"It's a lot of work on my part if the city won't work with me," Kister said.
Miller and Alderman Charles Koch voted to approve the license application. Fellow council members Chris Beer, Rob Schilt, Thoman, Marsh and Bauman voted against it. Aldermen Jeff Newcomer and Michael Boyce were absent.