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City of Madison

Ordinance Change Proposed to Streamline Entertainment License Process for Local Businesses

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Alders Yannette Figueroa Cole, Derek Field, and Michael Verveer are introducing a set of changes to the City of Madison’s ordinances to streamline the process for local businesses seeking an Entertainment License for indoor live music.

In 2014, the City’s Zoning Code was changed to require businesses that were seeking an Entertainment License from the Alcohol License Review Committee (ALRC), which the Zoning Code classified as “Nightclubs” or “Restaurants-Nightclubs,” to also obtain a Conditional Use Permit from the Plan Commission. This requirement was designed to create more oversight in approving new businesses serving alcohol after the former Alcohol License Density Ordinance ended in 2014.

But in the decade since the change was made, alders and City staff found the second layer of approvals only proved to be confusing for local business owners who may not have realized they also needed to get a conditional use permit from the Plan Commission. The additional approval process also added extra cost in the form of additional application fees and time spent by business owners. In the time since the change was made, there has never been a conflict between decisions made by the ALRC and by the Plan Commission.

The changes proposed by the group of sponsoring alders would simply remove the redundant requirement to also secure a Conditional Use Permit from the Plan Commission while leaving all other existing safety and occupancy considerations by the ALRC in place. The ALRC will continue to be able to put conditions on Entertainment Licenses during its approval process.

The proposed changes will allow the ALRC to maintain its focus on safety goals, such as managing indoor music hours of operation, security, and underage drinking. This streamlined process not only supports but also reinforces our commitment to a diverse economic development workforce, eliminating duplication and maximizing staff resources.

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Alder Yannette Figueroa Cole

What the Proposed Changes Do

In addition to streamlining the Entertainment License process, a handful of minor adjustments to the Zoning Code are being proposed, including:

  • Eliminating the “Restaurant-Nightclub” and “Restaurant-Tavern” uses in the Zoning Code, with those uses being absorbed into the “Restaurant” use. Currently, “Restaurant-Nightclub” and “Restaurant-Tavern” are separate uses from “Restaurant” depending on if they hold an entertainment license under MGO Sec. 38.06(11) or serve alcohol.
  • Adding a supplemental regulation for “Restaurant” so that a maximum occupancy based on the number of seats, plus staff plus a reasonable number of people waiting for seats, is maintained for restaurants that serve alcohol.
  • Eliminating “Nightclub” as a separate use category in the Zoning Code and absorbing it into the existing uses of “Tavern” and “Concert Hall.”
  • Editing some alcohol-related use definitions to be more general in their cross-references to other statutes or ordinances.
  • Aligning alcohol-related language to state statutory language.

Timeline

The proposed changes to the Zoning Code will be introduced at the next Common Council meeting on May 20, 2025, before being referred to the Plan Commission’s meeting on June 9, 2025. If approved by the Plan Commission, the proposal would be up for final approval by the Common Council during its June 17, 2025, meeting.

Additional Information and Resources

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