Oneida Business Committee (2024)
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room - 2nd Floor Norbert Hill Center
January 17, 2024
9:00 a.m.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. January 3, 2024 LOC Meeting Minutes (pg. 2)
III.
Current Business
1. Clean Air Policy Amendments (pg. 4)
IV.
New Submissions
1. Short Term Rental Regulations (pg. 36)
V.
Additions
VI.
Administrative Updates
VII.
Executive Session
VIII. Recess/Adjourn
A good mind. A good heart. A strong fire.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
January 3, 2024
9:00 a.m.
Present: Jameson Wilson, Marlon Skenandore, Jennifer Webster, Kirby Metoxen, Jonas Hill
Others Present: Clorissa N. Leeman, Carolyn Salutz, Keith Doxtator, Brooke Doxtator, Maureen
Perkins, Kristal Hill, Fawn Cottrell
Others Present on Microsoft Teams: Grace Elliott, Eric Boulanger, Mark W. Powless, Michelle
Tipple, Janice Decorah, Rae Skenandore, Matt Denny, Peggy Helm-Quest, Todd Vandenheuvel,
Tina Jorgensen, Eric McLester, Katsitsiyo Danforth, Rhiannon Metoxen, Lori Hill, Lorna
Skenandore, Ronald, Vanschyndel, Bridget John,
I.
Call to Order and Approval of the Agenda
Jameson Wilson called the January 3, 2024, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Jennifer Webster approve the agenda; seconded by Jonas Hill. Motion carried
unanimously.
II.
Minutes to be Approved
1. December 20, 2023 LOC Meeting Minutes
Motion by Marlon Skenandore to approve the December 20, 2023, LOC meeting minutes;
seconded by Jennifer Webster. Motion carried unanimously.
III.
Current Business
1. Drug and Alcohol Free Workplace Law Amendments
Motion by Jennifer Webster to approve the updated public comment review memorandum,
draft, and legislative analysis; seconded by Jonas Hill. Motion carried unanimously.
Motion by Jennifer Webster to approve the fiscal impact statement request memorandum
and forward to the Finance Department directing that a fiscal impact statement be prepared
and submitted to the LOC by January 17, 2024; seconded by Jonas Hill. Motion carried
unanimously.
A good mind. A good heart. A strong fire.
Legislative Operating Committee Meeting Minutes of January 3, 2024
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2. Clean Air Policy Amendments
Motion by Jennifer Webster to accept the public comments and the public comment review
memorandum and defer to a work meeting for further discussion; seconded by Marlon
Skenadore. Motion carried unanimously.
IV.
New Submissions
V.
Additions
VI.
Administrative Items
VII.
Executive Session
VIII. Adjourn
Motion by Jennifer Webster to adjourn at 9:11 a.m.; seconded by Marlon Skenandore.
Motion carried unanimously.
Legislative Operating Committee Meeting Minutes of January 3, 2024
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Oneida Nation
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Oneida Business Committee
Legislative Operating Committee
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
Legislative Operating Committee
January 17, 2024
Clean Air Policy
Amendments
Submission Date: 1/18/23
LOC Sponsor: Jennifer Webster
Public Meeting: 12/15/23
Emergency Enacted: N/A
Summary: This item was carried over from last term. On January 10, 2023, the LOC received a
request from Retail to consider amendments to the Clean Air Policy to create an exemption for smoking
cigars and tobacco in pipes within a premise designated by retail as a tobacco store, on or in premises
controlled by Oneida Retail, that sells tobacco product and in which the smoking of only cigars and
tobacco in pipes is permitted.
1/18/23 LOC: Motion by Jennifer Webster to add the Clean Air Policy amendments to the Active Files List
with David P. Jordan as the sponsor; seconded by Marie Cornelius. Motion carried
unanimously.
1/26/23:
Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman
King, Clorissa N. Leeman, Carolyn Salutz, Grace Elliott, Kristal Hill. This was a work
meeting held on Microsoft Teams. The purpose of this work meeting was to review and
discuss the proposed draft of amendments to the Clean Air Policy.
2/1/23 LOC:
Motion by Marie Cornelius to approve the draft of the Clean Air policy amendments and direct
that a legislative analysis be completed; seconded by Daniel Guzman King Motion carried
unanimously.
2/20/23:
Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie
Cornelius, Clorissa N. Leeman, Debra Danforth, Michelle Tipple, Victoria Flowers, Brittany
Nicholas, Kristal Hill. This was a work meeting held on Microsoft Teams. The purpose of this
work meeting was to review and discuss the proposed draft of amendments to the Clean Air
Policy all allow the Comprehensive Health Division and the Environmental, Health, Safety,
Land, And Agriculture Division the opportunity to provide input on the proposed
amendments.
3/20/23:
Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Cornelius, Clorissa N.
Leeman, Debra Danforth, Michelle Tipple, Victoria Flowers, Brittany Nicholas, James
Petitjean, James Snitgen, Debra Powless, Timothy Skenandore, Carl Artman, Kristal Hill.
This was a work meeting held on Microsoft Teams. The purpose of this work meeting was to
review and discuss the proposed draft of amendments to the Clean Air Policy all allow the
stakeholders the opportunity to provide input on the proposed amendments before the LOC
makes a policy decision as to what direction to go with the amendments.
7/10/23 LOC: Motion by Jennifer Webster to approve the updated draft and legislative analysis of the Clean
Air Policy amendments; seconded by Kirby Metoxen. Motion carried unanimously.
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10/4/23 LOC: Motion by Jonas Hill to add the Clean Air Policy Amendments to the Active Files List with
Jennifer Webster as the sponsor; seconded by Marlon Skenandore. Motion carried
unanimously.
10/18/23:
Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Jennifer Webster, Jonas Hill,
Clorissa Leeman, Grace Elliott, Maureen Perkins, Fawn Cottrell. The purpose of this work
meeting was for the new Legislative Operating Committee to review and approve the draft
and legislative analysis for the proposed amendments to the Clean Air Policy.
11/1/23 LOC: Motion by Jennifer Webster to approve the public meeting packet for the Clean Air Policy
Amendments with noted change to the public meeting notice, and forward the Clean Air
Policy Amendments to a public meeting to be held on December 15, 2023; seconded by Kirby
Metoxen. Motion carried unanimously.
11/1/23:
Phone Call. Present: Clorissa Leeman, Krystal John. The purpose of this phone call was to
follow up on the comments made by Attorney Krystal John during the LOC meeting in regard
to the Clean Air Policy Amendments.
12/15/23:
Public Meeting Held. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Clorissa Leeman,
Maureen Perkins, Michelle Tipple, Peggy Helm-Quest, Brooke Doxtator, Jim Snitgen. Present
on Microsoft Teams: Joel Maxam, Katsitsiyo Danforth, Mark W. Powless, Brittany Nicholas,
David Jordan, Kristal Hill, Sharon Mousseau, Mollie Passon, Stefanie Reinke, Debra
Santiago, Jennifer Webster, Nina Vang, Grace Elliott, Victoria Flowers. Two (2) individuals
provided public comment during this public meeting.
12/26/23:
Public Comment Period Closed. Four (4) individuals provided written comments during the
public comment period.
1/3/24 LOC:
Motion by Jennifer Webster to accept the public comments and the public comment review
memorandum and defer to a work meeting for further discussion; seconded by Marlon
Skenadore. Motion carried unanimously.
1/3/24:
Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Jennifer Webster, Jonas Hill,
Kirby Metoxen Clorissa Leeman, Carolyn Salutz, Kristal Hill, Maureen Perkins, Fawn
Cottrell. The purpose of this work meeting was for the LOC to review and consider the public
comments received.
Next Steps:
Approve the updated public comment review memorandum, draft, and legislative analysis.
Approve the fiscal impact statement request memorandum and forward to the Finance
Department directing that a fiscal impact statement be prepared and submitted to the LOC by
January 31, 2024.
A good mind. A good heart. A strong fire.
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Oneida Nation
Legislative Operating Committee
Legislative Reference Office
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
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ONEIDA
Legislative Operating Committee (LOC)
Clorissa N. Leeman, Legislative Reference Office, Senior Staff Attorney
January 17, 2024
Clean Air Policy Amendments: Public Comment Review with LOC Consideration
On December 15, 2023, a public meeting was held regarding the proposed amendments to the
Clean Air Policy (“the Law”). The public comment period was then held open until December 26,
2023. The Legislative Operating Committee reviewed and considered the public comments
received on January 3, 2024. This memorandum is submitted as a review of the comments received
within the public meeting and public comment period.
Comments 1 through 3 – Tobacco Store Exemption:
411.4. Regulation of Smoking
411.4-1. Prohibition of Smoking. No person may smoke:
(a) in any building owned or operated by the Nation;
(b) within thirty (30) feet of any building owned or operated by the Nation.
Receptacles for disposing of smoking materials shall be maintained at least thirty (30)
feet from the main entrances of the building; or
(1) Exception. A person may smoke within thirty (30) feet of the retail outlets
or any gaming establishments. Receptacles for disposing of smoking materials
may be maintained within thirty (30) feet of the entrances of these buildings.
(c) in any vehicle owned or operated by the Nation.
411.4-2. Exemptions. The following exemptions shall apply to the prohibition of smoking:
(a) Cultural Usage. The reasonable burning of tobacco, sage, cedar, and/or
sweetgrass shall be exempted for cultural usage. Employees working in the vicinity of
this cultural use shall be notified prior to use.
(b) Exempted Locations. The following locations shall be exempted from the
prohibition of smoking:
(1) all gaming areas in any building of the Nation;
(A) Smoking and non-smoking employee break rooms shall be
provided in these buildings and shall have separate ventilation.
(B) Employees shall not smoke while working in these buildings, other
than in the provided break room.
(2) residential buildings that are owned by the Nation, including, but not
limited to, single-family dwellings, two (2) family dwellings, and multiplefamily dwellings, unless otherwise prohibited by a lease or rental agreement;
and
(3) a tobacco store, on or in premises controlled by Oneida Retail, that sells
tobacco product, unless prohibited by Oneida Retail or the terms and
conditions of the lease.
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Jim Snitgen (oral): Check, testing. Good afternoon. I'm going to present the comments from the
Environmental Health, Safety, Land and Agriculture Division (EHSLAD) on the Clean Air Policy
Amendments. The Clean Air Policy amendment under 411.4-2 (b) allows smoking inside tobacco
stores and gaming areas of the Nation. EHSLAD does not support the new exemption to
prohibition of smoking in tobacco stores, on or in Oneida Retail properties that sells tobacco
products. Our Division supports and proposes removing the existing exemption that allows
smoking inside all gaming areas. EHSLAD wants to ban indoor smoking in gaming and retail
properties because:
Foremost, allowing properties to be exposed to secondhand smoke is a direct conflict of the
purpose of the Clean Air Policy. Secondhand smoke is harmful to the health of employees, and it
does not create a healthy working environment for employees. CDC informs that secondhand
smoke can cause the following in smoking adults, in non-smoking adults: coronary heart disease,
stroke, lung cancer, adverse reproductive health effects in women such as low birth weight and
that there is no safe level of secondhand exposure.
Number 2. Nation gaming facilities, specifically the casino, became smoke-free indoors during the
COVID-19 pandemic and to our knowledge this has not negatively affected business. We support
keeping the casino and all interior employee break areas smoke free to protect employee and
customer health because any exposure to secondhand smoke is widely recognized as harmful to
human health. The Surgeon General report, The Health Consequences of Involuntary Exposure to
Tobacco Smoke, found that the only way to eliminate secondhand smoke exposure is to ban indoor
smoking completely.
Number 3. We do not support the exemption for smoking inside Oneida retail establishments
including any cigar bars operated by retail, because, according to CDC, any exposure to
secondhand smoke is harmful to human health and the only way to eliminate exposure, according
to the Surgeon General, is to completely ban indoor smoking.
Number 4. Increasing ventilation or filtration will not eliminate health risk of secondhand smoke
exposure. According to CDC, HVAC systems can spread secondhand smoke throughout a facility
and there is no ventilation or air cleaning system that can eradicate secondhand smoke.
Number 5. We also support keeping the casino and all interior employee break areas smoke free
because this will protect cleaning staff from exposure to thirdhand smoke. Thirdhand smoke is the
pollutant residue that remains on surfaces after tobacco is smoked. Pollutants include but are not
limited to nicotine, formaldehyde, naphthalene which are known to cause cancer.
And finally, smoking inside gaming and retail properties may result in higher maintenance and
cleaning bills. Thirdhand smoke is the chemical residue left behind from smoke. According to
Cleveland Clinic, it persists on surfaces long after smoking occurs and is hard to clean meaning
complete costly replacement of affected materials, and that may be the only solution.
Thank you on behalf of the Environmental, Health, Safety, Land, and Agriculture Division.
A good mind. A good heart. A strong fire.
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Eric McLester – Environmental, Health, Safety, Land, and Agriculture Division (written):
The Clean Air Policy amendment under 411.4-2 (b) allows smoking inside tobacco stores and
gaming areas of the Nation. EHSLAD does NOT support the new exemption to prohibition of
smoking in "tobacco stores", on or in Oneida Retail properties that sells tobacco products.
EHSLAD supports and proposes REMOVING the existing exemption that allows smoking inside
all gaming areas. EHSLAD wants to ban indoor smoking in gaming and retail properties because:
1. Foremost, allowing employees to be exposed to secondhand smoke is a direct conflict of
the purpose of the Clean Air Policy. Secondhand smoke is harmful to the health of
employees, and it does not create a healthy working environment for employees. CDC
informs that secondhand smoke can cause the following in non-smoking adults: coronary
heart disease, stroke, lung cancer, adverse reproductive health effects in women such as
low birth weight and that there is no safe level of secondhand exposure.
https://www.cdc.gov/tobacco/secondhand-smoke/health.html
2. Nation gaming facilities, specifically the casino, became smoke-free indoors during the
COVID-19 pandemic and to our knowledge this has not negatively affected business. We
support keeping the casino and all interior employee break areas smoke free to protect
employee and customer health because any exposure to secondhand smoke is widely
recognized as harmful to human health. The Surgeon General report, The Health
Consequences of Involuntary Exposure to Tobacco Smoke, found that the only way to
eliminate secondhand smoke exposure is to ban indoor smoking completely.
o https://www.cdc.gov/tobacco/secondhand-smoke/health.html
o https://www.ncbi.nlm.nih.gov/books/NBK44326/#rpt-smokeexp.ch10.s68
3. We do not support the exemption for smoking inside Oneida retail establishments including
any cigar bars operated by retail, because, according to CDC, any exposure to secondhand
smoke is harmful to human health and the only way to eliminate exposure, according to
the Surgeon General, is to completely ban indoor smoking.
o https://www.cdc.gov/tobacco/secondhand-smoke/health.html
o https://www.ncbi.nlm.nih.gov/books/NBK44326/#rpt-smokeexp.ch10.s68
4. Increasing ventilation or filtration will not eliminate health risk of secondhand smoke
exposure. According to CDC, HVAC systems can spread secondhand smoke throughout a
facility and there is no ventilation or air cleaning system that can eradicate secondhand
smoke.
o https://www.cdc.gov/tobacco/secondhand-smoke/policy.html
5. We also support keeping the casino and all interior employee break areas smoke free
because this will protect cleaning staff from exposure to thirdhand smoke. Thirdhand
smoke is the pollutant residue that remains on surfaces after tobacco is smoked. Pollutants
include but are not limited to nicotine, formaldehyde, naphthalene which are known to
cause cancer.
o https://www.mayoclinic.org/healthy-lifestyle/guit-smoking/expertanswers/thirdhand-smoke/faq-
A good mind. A good heart. A strong fire.
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20057791#:~:text=Thirdhand%20smoke%20is%20made%20up,up%20on%20sur
faces%20over%20time.
Michelle Tipple (oral): Good Afternoon. My name is Michelle Tipple. I'm the Community Public
Health Officer with the Oneida Nation. So Public Health and the Comprehensive Health Division
does not support adding an exemption to this law. To do so, weakens this important public health
policy.
Decades of evidence-based research and data demonstrates poor health outcomes related to
smoking, including secondhand and thirdhand smoke. So, looking at some of this data, American
Indian, Alaskan Native people, compared to other racial and ethnic groups have a higher risk of
death and disease caused by using tobacco commercial products such as cigarettes, smokeless
tobacco and cigars. Cardiovascular disease, which can be caused by cigarette smoke, is the leading
cause of death for American Indian Alaskan Native people. Lung cancer, which can be caused by
cigarette smoking and exposure to secondhand smoke, is the leading cause of cancer death among
American Indian and Alaskan Native people. Diabetes is the 4th leading cause of death among
American Indian Alaskan Native people. The risk of developing Type 2 diabetes is 30 to 40%
higher for people who smoke than for people who don't smoke, and smoking can worsen
complications from diabetes. Compared to white Wisconsinites, American Indians have a 34%
higher risk of dying from cardiovascular disease, 70% higher risk from dying of cancer, lung
cancer, excuse me. And a 250% higher risk of dying from diabetes. All of which are known to be
caused or worsened by cigarette smoking. There is no safe level of secondhand smoke. None. Even
sophisticated ventilation systems do not eliminate the health hazards from secondhand smoke.
Response
The commenters express various concerns with and opposition to the proposed exemption against
smoking for a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco
product, unless prohibited by Oneida Retail or the terms and conditions of the lease.
The Clean Air Policy provides that no person may smoke in any building owned or operated by
the Nation, in any vehicle owned or operated by the Nation, or within thirty (30) feet of any
building owned or operated by the Nation, except that a person may smoke within thirty (30) feet
of the retail outlets or any gaming establishments. [4 O.C. 411.4-1]. The Clean Air Policy then
goes on to provide exemptions for the prohibition of smoking. [4 O.C. 411.4-2]. The proposed
amendments to the Clean Air Policy provide that one such exemption for the prohibition of
smoking is a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco
product, unless prohibited by Oneida Retail or the terms and conditions of the lease. [4 O.C. 411.42(b)(3)]. Retail shared that if the proposed amendments to the Clean Air Policy are adopted, then
they intend to open up a cigar bar at one of the Retail locations.
Whether or not to allow the Clean Air Policy to provide an exemption for the prohibition of
smoking to a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco
product, unless prohibited by Oneida Retail or the terms and conditions of the lease is a policy
decision for the Legislative Operating Committee to make. The Legislative Operating Committee
may make one of the following determinations:
A good mind. A good heart. A strong fire.
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1. Section 411.4-2(b)(3) of the Clean Air Policy should remain as currently drafted and
provide an exemption for the prohibition of smoking to a tobacco store, on or in premises
controlled by Oneida Retail, that sells tobacco product, unless prohibited by Oneida Retail
or the terms and conditions of the lease.
2. Section 411.4-2(b)(3) of the Clean Air Policy should be eliminated from the Law.
LOC Consideration
The Legislative Operating Committee greatly appreciated the data driven responses provided by
the Comprehensive Health Division and the Environmental, Health, Safety, Land, and Agriculture
Division and understands the health equity concerns shared. Ultimately, the Legislative Operating
Committee determined that section 411.4-2(b)(3) of the Clean Air Policy should remain as
currently drafted and provide an exemption for the prohibition of smoking to a tobacco store, on
or in premises controlled by Oneida Retail, that sells tobacco product, unless prohibited by Oneida
Retail or the terms and conditions of the lease.
Comments 4 through 6 – Residential Buildings Exemption:
411.4. Regulation of Smoking
411.4-1. Prohibition of Smoking. No person may smoke:
(a) in any building owned or operated by the Nation;
(b) within thirty (30) feet of any building owned or operated by the Nation.
Receptacles for disposing of smoking materials shall be maintained at least thirty (30)
feet from the main entrances of the building; or
(1) Exception. A person may smoke within thirty (30) feet of the retail outlets
or any gaming establishments. Receptacles for disposing of smoking materials
may be maintained within thirty (30) feet of the entrances of these buildings.
(c) in any vehicle owned or operated by the Nation.
411.4-2. Exemptions. The following exemptions shall apply to the prohibition of smoking:
(a) Cultural Usage. The reasonable burning of tobacco, sage, cedar, and/or
sweetgrass shall be exempted for cultural usage. Employees working in the vicinity of
this cultural use shall be notified prior to use.
(b) Exempted Locations. The following locations shall be exempted from the
prohibition of smoking:
(1) all gaming areas in any building of the Nation;
(A) Smoking and non-smoking employee break rooms shall be
provided in these buildings and shall have separate ventilation.
(B) Employees shall not smoke while working in these buildings, other
than in the provided break room.
(2) residential buildings that are owned by the Nation, including, but not
limited to, single-family dwellings, two (2) family dwellings, and multiplefamily dwellings, unless otherwise prohibited by a lease or rental agreement;
and
(3) a tobacco store, on or in premises controlled by Oneida Retail, that sells
tobacco product, unless prohibited by Oneida Retail or the terms and
conditions of the lease.
A good mind. A good heart. A strong fire.
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Jim Snitgen (oral): The Clean Air Policy amendment under 411.4-2 {b) allows smoking inside
residential buildings that are owned by the Nation unless the lease or rental agreement prohibits
smoking . EHSLAD does NOT support smoking inside residential buildings for the following
reasons:
1. Children and families in our community deserve to have access to clean, indoor air. Employees
from CHD, EHSLAD, Zoning, and DPW work in CHD housing. Residents and employees are at
risk of health problems from secondhand exposure if smoking is allowed in residential units.
Specifically, according to CDC, there is no safe level of secondhand smoke exposure. Again, CDC
informs that secondhand smoke can cause the following in non-smoking adults: coronary heart
disease, stroke, lung cancer, and adverse reproductive health effects in women such as low birth
weight. According to CDC, exposure to secondhand smoke can result in respiratory infections, ear
infections, and asthma attacks in children and sudden infant death syndrome in babies. Lastly,
according to CDC, exposure to secondhand smoke can cause inflammation and negative
respiratory effects within one (1) hour of exposure and these effects can continue a minimum of
three (3) hours after exposure.
Increasing ventilation or installing air filters inside retail or gaming properties will not eliminate
the risks associated with secondhand smoke exposure. According to CDC, HVAC systems can
spread secondhand smoke throughout a facility and there is no ventilation or air cleaning system
that can eradicate secondhand smoke.
HUD supports smoke-free public housing, HUD I guess, and has mandated this since 2016. The
Nation should align with HUD standards for safe, sanitary housing.
According to the 2022 Community Health Assessment by Comprehensive Health Division, selfreported asthma rates for Oneida respondents are higher than those reported for local counties and
the state of Wisconsin. According to CDC, secondhand smoke is a known asthma trigger. Banning
indoor smoking in residential units will improve indoor air quality for asthma sufferers.
Eric McLester – Environmental, Health, Safety, Land, and Agriculture Division (written):
The Clean Air Policy amendment under 411.4-2 {b) allows smoking inside residential buildings
that are owned by the Nation unless the lease or rental agreement prohibits smoking . EHSLAD
does NOT support smoking inside residential buildings for the following reasons:
1. Children and families in our community deserve to have access to clean, indoor air.
Employees from CHD, EHSLAD, Zoning, and DPW work in CHD housing. Residents and
employees are at risk of health problems from secondhand exposure if smoking is allowed
in residential units. Specifically:
a. According to CDC, there is no safe level of secondhand smoke exposure. Again,
CDC informs that secondhand smoke can cause the following in non-smoking
adults: coronary heart disease, stroke, lung cancer, and adverse reproductive health
effects in women such as low birth weight.
i. https://www.cdc.gov/tobacco/secondhand-smoke/health.html
A good mind. A good heart. A strong fire.
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b. According to CDC, exposure to secondhand smoke can result in respiratory
infections, ear infections, and asthma attacks in children and sudden infant death
syndrome in babies.
i. https://www.cdc.gov/tobacco/secondhand-smoke/health.html
c. According to CDC, exposure to secondhand smoke can cause inflammation and
negative respiratory effects within 1 hour of exposure and these effects can]
continue a minimum of 3 hours after exposure.
i. https://www.cdc.gov/tobacco/secondhand-smoke/health.html
2. Increasing ventilation or installing air filters inside retail or gaming properties will not
eliminate the risks associated with secondhand smoke exposure. According to CDC,
HVAC systems can spread secondhand smoke throughout a facility and there is no
ventilation or air cleaning system that can eradicate secondhand smoke.
a. https://www.cdc.gov/tobacco/secondhand-smoke/policy.html
3. HUD supports smoke-free public housing and has mandated this since 2016. The Nation
should align with HUD standards for safe, sanitary housing.
a. https://www.hud.gov/smokefreepublichousing
4. According to the 2022 Community Health Assessment by Comprehensive Health Division,
self-reported asthma rates for Oneida respondents are higher than those reported for local
counties and the state of WI. According to CDC, secondhand smoke is a known asthma
trigger. Banning indoor smoking in residential units will improve indoor air quality for
asthma sufferers.
a. (https://www.canva.com/design/DAFapvpYSCo/fvZ6B2fbFDWEJ2xhz
HtOw/view?utmcontent=DAFapvpYSCo&utmcampaign=designshare&utmmediu
m=link&utm source=publishsharelink#20).
b. https://www.cdc.gov/tobacco/campaign/tips/diseases/secondhand-smokeasthma.html
5. Smoking inside gaming and retail properties may result in higher maintenance and cleaning
bills. Thirdhand smoke is the chemical residue left behind from smoke. According to
Cleveland Clinic, it persists on surfaces long after smoking occurs and is hard to clean
meaning complete costly replacement of affected materials may be the only solution.
https://health.clevelandclinic.org/thirdhand-smoke/
Thank you,
Environmental, Health, Safety, Land, & Ag Division
Comprehensive Housing Division (written): This serves as a written response and feedback from
Comprehensive Housing Division as it relates to the proposed amendments to the Clean Air Policy
Act. These written comments will provide both the positive and less positive impacts that CHD
may encounter.
A good mind. A good heart. A strong fire.
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There is no doubt that providing a smoke free environment & policy will have positive health
benefits to all tenants and community members from a health & safety standpoint as it relates to
second-hand smoke. It will also reap positive benefits related to property damage and upkeep in
units.
CHD can stand behind those positive impacts and can support the policy amendments with the
organization, the Oneida Business Committee and the community's support. This support will be
crucial in the success of the enforcement of such a policy from Comprehensive Housing Divisions
standpoint. There will need to be a clear understanding and acceptance of the consequences that
will be associated with enforcing this type of policy.
Some ways that tenants will voice their discontent with the policy and when support will be needed
are:
• Venting issues on social media that grabs the attention of the Oneida organization and
council
• Bringing issues to the General Manager or Oneida Business Committee, with an
expectation of intervention
• Filing a complaint with Oneida Judiciary
• A claim (what CHD would consider a breach in policy) would be that smoking within their
unit is their right and a part of their quality of life
• Creating a petition brought to GTC meeting
Additional items to consider as part of CHD's support of the policy are:
• The cost of possible smoking shelters for those wishing to smoke but needing to move 30
feet away from their unit or rental. These have not been budgeted for and will need to be
discussed as a potential offering for smokers in residential buildings
• The city of Green Bay Housing Authority has on-site managers which makes it much more
efficient for monitoring the policy for enforcement purposes through tenant unit check ins
and common hallways for enforcement purposes. CHD does not have on-site managers of
their residential units.
• With the Clean Air Policy focusing on the no smoking provision, other things that
contaminate the air in residential units should also be considered such as cat/dog/human
feces, urine, garbage, and composing garbage in residential units. All of these scenarios
also affect clean air and are current issues within tenant units.
• There will be tenants that may side with the stance that nicotine is their crutch for dealing
with trauma/stress/alcohol & drug withdrawl and will likely state that we are taking that
right from them. While this policy does not prohibit tenants from smoking, for some, this
will take away their physical ability to smoke. An example of this would be: a disabled
tenant that might have a difficult time getting out of the unit to 30 feet from the building,
especially in the cold. Will there be any thought or plans to help support systems for those
types of situations? (ie. the social part of not having the ability to smoke, nicotine
withdraw! or other coping methods for dealing trauma/stress etc?). Generationally those
affected by not having the physical ability to smoke outdoors and 30+ feet away from a
building will likely be in the class of: elder, confined, disabled or a combination of both.
• The HUD policy mentioned in the document of support from EHLSA references the smoke
free policy supported by HUD. This reference is HUDs smoke free requirement for Public
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Housing Agencies (PHA). As a recipient of lndian Housing Block Grants (IHBG) and
subject to Native American Housing Assistance and Self-Determination Act (NAHASDA),
we are considered an Indian Housing Agency (IHA) and not Public Housing Agency
(PHA). Unless specifically identified in written correspondence, CHD is not subject to it.
As an Indican Housing Agency, CHD is subject to the Nations Laws and Judiciary Court.
CHD has collaborated with Green Bay Housing Authority to obtain information on how their nonsmoking policies are enforced within their residential units. GBHA is a (PHA) and has participated
in the HUD smoke-free policy change in 2017/2019. They house a 50-unit complex called Mason
Manor on West Mason Street as well as approximately 45 scattered sites. GBHA has a "3 strikes
you are out" type of approach with both the first and second offenses including a penalty fine. The
entire campus smoke-free. The fines for these types of infractions include:
1. $100 fine, needing to be paid in full, with no payment plan
2. $150 fine plus a 5-Day Quit or Cure Notice
3. $200 fine and a 28 Day No Cure Notice of Eviction
It was our understanding that De Pere Housing Authority has a one strike you are out enforcement
approach. Both agencies are PHA's and are subject to HUD's smoke-free policy, making it easier
to contend with enforcement related issues.
In ending, Comprehensive Housing will stand behind the Smoke-Free amendments being proposed
within the Clean Air Policy Act due to the cleaner benefit and healthier neighbor aspects associated
with it. We understand the need and importance that this policy places on the health and safety of
the Nations community members and always place emphasis in our own decisions for the best
welfare of the people. Additional efforts should include other clean air contaminates that occur
within residential units as noted. While we do and will support the needed changes for this policy,
it must be understood that with the proposed changes, the ultimate consequence for a breach of a
rental agreement is eviction. Even with placing monetary enforcements for breaches of rental
agreements, to hold any value, a consequence for nonpayment will be necessary. A strong support
from the community, the OBC and the organization will need to be in place in order for CHD to
be able to support and enforce upon the proposed changes and hold those breaching rental
agreements.
If you have any further questions in regard to this feedback, please contact:
Lisa Rauschenbach
Comprehensive Housing Division Director
(920) 869-6174
lrausche@oneidanation.org.
Response
The commenters express opposition to allowing an exemption from the prohibition of smoking for
residential buildings that are owned by the Nation, including, but not limited to, single-family
dwellings, two (2) family dwellings, and multiple-family dwellings, unless otherwise prohibited
by a lease or rental agreement; and express support for prohibiting smoking in residential
buildings.
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The Clean Air Policy provides that no person may smoke in any building owned or operated by
the Nation, in any vehicle owned or operated by the Nation, or within thirty (30) feet of any
building owned or operated by the Nation, except that a person may smoke within thirty (30) feet
of the retail outlets or any gaming establishments. [4 O.C. 411.4-1].
The Clean Air Policy then goes on to provide various exemptions for the prohibition of smoking
in section 411.4-2. Currently, the Clean Air Policy provides that there is an exemption from the
prohibition of smoking for residential buildings that are owned by the Nation, including, but not
limited to, single-family dwellings, two (2) family dwellings, and multiple-family dwellings. [4
O.C. 411.4-2(b)(2)]. The proposed amendments to the Clean Air Policy clarify this exemption and
only allow the exemption for residential buildings unless otherwise prohibited by a lease or rental
agreement. [4 O.C. 411.4-2(b)(2)]. This provides greater flexibility to the Comprehensive Housing
Division to prohibit smoking within residential buildings and within thirty (30) feet of residential
buildings through its lease or rental agreements.
Whether or not to allow the Clean Air Policy to provide an exemption from the prohibition of
smoking to residential buildings that are owned by the Nation is a policy decision for the
Legislative Operating Committee to make. The Legislative Operating Committee may make one
of the following determinations:
1. Section 411.4-2(b)(2) of the Clean Air Policy should remain as currently drafted and
provide an exemption from the prohibition of smoking to residential buildings that are
owned by the Nation, including, but not limited to, single-family dwellings, two (2) family
dwellings, and multiple-family dwellings, unless otherwise prohibited by a lease or rental
agreement.
2. Section 411.4-2(b)(2) of the Clean Air Policy should be eliminated from the Law.
LOC Consideration
The Legislative Operating Committee determined that section 411.4-2(b)(2) of the Clean Air
Policy should remain as currently drafted and provide an exemption from the prohibition of
smoking to residential buildings that are owned by the Nation, including, but not limited to, singlefamily dwellings, two (2) family dwellings, and multiple-family dwellings, unless otherwise
prohibited by a lease or rental agreement. This exemption allows the Comprehensive Housing
Division discretion in prohibit smoking in residential buildings through the lease or rental
agreement, and also provides flexibility in determining how that prohibition should be handled,
i.e. whether smoking within thirty (30) feet of a building would be allowed.
Comments 7 through 8 – Need to Strengthen Law:
411.4. Regulation of Smoking
411.4-1. Prohibition of Smoking. No person may smoke:
(a) in any building owned or operated by the Nation;
(b) within thirty (30) feet of any building owned or operated by the Nation.
Receptacles for disposing of smoking materials shall be maintained at least thirty (30)
feet from the main entrances of the building; or
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(1) Exception. A person may smoke within thirty (30) feet of the retail outlets
or any gaming establishments. Receptacles for disposing of smoking materials
may be maintained within thirty (30) feet of the entrances of these buildings.
(c) in any vehicle owned or operated by the Nation.
411.4-2. Exemptions. The following exemptions shall apply to the prohibition of smoking:
(a) Cultural Usage. The reasonable burning of tobacco, sage, cedar, and/or
sweetgrass shall be exempted for cultural usage. Employees working in the vicinity of
this cultural use shall be notified prior to use.
(b) Exempted Locations. The following locations shall be exempted from the
prohibition of smoking:
(1) all gaming areas in any building of the Nation;
(A) Smoking and non-smoking employee break rooms shall be
provided in these buildings and shall have separate ventilation.
(B) Employees shall not smoke while working in these buildings, other
than in the provided break room.
(2) residential buildings that are owned by the Nation, including, but not
limited to, single-family dwellings, two (2) family dwellings, and multiplefamily dwellings, unless otherwise prohibited by a lease or rental agreement;
and
(3) a tobacco store, on or in premises controlled by Oneida Retail, that sells
tobacco product, unless prohibited by Oneida Retail or the terms and
conditions of the lease.
Michelle Tipple (oral): Because this law is opened, we encourage the LOC to consider some
amendments that would strengthen this law. Remove the casinos and, as an exception to this law.
Since COVID-19 casinos in Wisconsin have successfully operated in a smoke free environment.
Secondly, implement smoke free campuses for all Oneida government buildings. The Oneida
Comprehensive Health Division implemented smoke free campus back in 2016. So, it can be done.
We did it.
There is a lot of data to support the benefits of a smoke, free work environment increases smoking
sensation among tobacco users, helps people stop, cuts employee sick days and medical costs, and
it increases productivity, improves body, or excuse me, business image - makes a workplace more
attractive to job candidates. It decreases the risk of fires and smoke damage to property. It lowers
office cleaning and maintenance cost, as discussed for the previous speaker, reduces an employers
vulnerability to lawsuits. And it increases the number of visitors and their expenditures to
businesses such as hotels, bars, and restaurants.
Now I do intend to submit some written comments as well and I will include more available data
with the sources that I use to support these recommendations. We ask the LOC to consider making
data driven decisions that support health equity. All employees have an should have access to a
healthy work environment as these amendments are being considered. Thank you.
Michelle Tipple (written): Good morning. I am forwarding some additional data from the dental
health perspective on behalf of our Assistant Dental Director, Dr Yvonne White. This data supports
the need to strengthen Oneida’s Clean Air Law- click link below.
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https://www.cdc.gov/tobacco/campaign/tips/diseases/periodontal-gumdisease.html#:~:text=You%20have%20twice%20the%20risk%20for%20gum%20disease%20co
mpared%20with%20a%20nonsmoker.&text=The%20more%20cigarettes%20you%20smoke,you
r%20risk%20for%20gum%20disease.&text=The%20longer%20you%20smoke%2C%20the%20
greater%20your%20risk%20for%20gum%20disease.&text=Treatments%20for%20gum%20dise
ase%20may,well%20for%20people%20who%20smoke
What Is Gum Disease?
Gum (periodontal) disease is an infection of the gums and can affect the bone structure that
supports your teeth. In severe cases, it can make your teeth fall out. Smoking is an important
cause of severe gum disease in the United States.
Gum disease starts with bacteria (germs) on your teeth that get under your gums. If the germs stay
on your teeth for too long, layers of plaque (film) and tartar (hardened plaque) develop.
This buildup leads to early gum disease, called gingivitis.
When gum disease gets worse, your gums can pull away from your teeth and form spaces that get
infected. This is severe gum disease, also called periodontitis. The bone and tissue that hold
your teeth in place can break down, and your teeth may loosen and need to be pulled out.
Warning Signs and Symptoms of Gum Disease
• Red or swollen gums
• Tender or bleeding gums
• Painful chewing
• Loose teeth
• Sensitive teeth
• Gums that have pulled away from your teeth
How Is Smoking Related to Gum Disease?
Smoking weakens your body’s infection fighters (your immune system). This makes it harder to
fight off a gum infection. Once you have gum damage, smoking also makes it harder for your
gums to heal.
What does this mean for me if I am a smoker?
• You have twice the risk for gum disease compared with a nonsmoker.
• The more cigarettes you smoke, the greater your risk for gum disease.
• The longer you smoke, the greater your risk for gum disease.
• Treatments for gum disease may not work as well for people who smoke.
Tobacco use in any form—cigarettes, pipes, and smokeless (spit) tobacco—raises your risk for
gum disease.
How Can Gum Disease Be Prevented?
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You can help avoid gum disease with good dental habits.
• Brush your teeth twice a day.
• Floss often to remove plaque.
• See a dentist regularly for checkups and professional cleanings.
• Don’t smoke. If you smoke, quit.
How Is Gum Disease Treated?
Regular cleanings at your dentist’s office and daily brushing and flossing can help treat early gum
disease (gingivitis).
More severe gum disease may require:
• Deep cleaning below the gum line.
• Prescription mouth rinse or medicine.
• Surgery to remove tartar deep under the gums.
• Surgery to help heal bone or gums lost to periodontitis. Your dentist may use small bits of
bone to fill places where bone has been lost. Or your dentist may move tissue from one
place in
• your mouth to cover exposed tooth roots.
If you smoke or use spit tobacco, quitting will help your gums heal after treatment.
Response
The commenters express that the Clean Air Policy’s prohibition of smoking should be strengthen
and increased, instead of providing additional exemptions to the prohibition of smoking through
this Law.
Two ways the commenters express that the Clean Air Policy can be strengthened is by removing
the exemption for the prohibition of smoking for the casinos, and requiring smoke free campuses
for all government buildings in the Nation.
The purpose of the Clean Air Policy is to provide a healthy working and learning environment
within buildings and vehicles owned and operated by the Nation by prohibiting smoking. [4 O.C.
411.1-1]. The Clean Air Policy provides that no person may smoke in any building owned or
operated by the Nation, in any vehicle owned or operated by the Nation, or within thirty (30) feet
of any building owned or operated by the Nation, except that a person may smoke within thirty
(30) feet of the retail outlets or any gaming establishments. [4 O.C. 411.4-1].
The Clean Air Policy then goes on to provide various exemptions for the prohibition of smoking
such as:
cultural usage;
all gaming areas in any buildings of the Nation;
residential buildings that are owned by the Nation, including, but not limited to, singlefamily dwellings, two (2) family dwellings, and multiple-family dwellings, unless
otherwise prohibited by a lease or rental agreement; and
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a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco product,
unless prohibited by Oneida Retail or the terms and conditions of the lease. [4 O.C. 411.42].
Whether to make additional amendments to the Clean Air Policy in an effort to strengthen the
prohibition of smoking is a policy consideration for the Legislative Operating Committee to make.
The Legislative Operating Committee make may one of the following determinations:
1. The proposed amendments to the Clean Air Policy should remain as currently drafted.
2. The proposed amendments to the Clean Air Policy should be reconsidered in an effort to
strengthen the prohibition of smoking within this Law. Two ways the Legislative Operating
Committee can consider strengthening the prohibition of smoking is by:
a. Requiring smoke free campuses for all buildings of the Nation, not retail or gaming
locations, by removing the allocation that a person may smoke at least thirty (30)
feet away from a building found in section 411.4-1(b) of the Clean Air Policy; or
b. Removing the exemption from the prohibition of smoking for gaming areas in any
buildings of the Nation found in section 411.4-2(b)(1) of the Clean Air Policy.
LOC Consideration
The Legislative Operating Committee determined that the proposed amendments to the Clean Air
Policy should remain as currently drafted.
Comment 9 – Application to Radisson Employees:
411.4. Regulation of Smoking
411.4-1. Prohibition of Smoking. No person may smoke:
(a) in any building owned or operated by the Nation;
(b) within thirty (30) feet of any building owned or operated by the Nation.
Receptacles for disposing of smoking materials shall be maintained at least thirty (30)
feet from the main entrances of the building; or
(1) Exception. A person may smoke within thirty (30) feet of the retail outlets
or any gaming establishments. Receptacles for disposing of smoking materials
may be maintained within thirty (30) feet of the entrances of these buildings.
(c) in any vehicle owned or operated by the Nation.
411.4-4. Violations.
(a) Any building manager or designated agent of the Nation may file for injunctive
relief with the Nation’s Judiciary against any person who repeatedly or willfully
violates this law.
(b) An employee of the Nation who violates this law during their work hours may be
subject to the following disciplinary action in accordance with the Nation’s laws and
policies governing employment:
(1) written warning for a first-time violation;
(2) suspended without pay for a second violation; or
(3) terminated from employment for any violation thereafter.
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Diana King (written): Would this clean air apply to Radisson employees as well? At the main
casino we have designated smoking area in ground floor level of the ramp which is all gaming or
Radisson employees. People litter their cigarette butts all over the place instead of discarding them
in the designated area. I am not sure if our surveillance cameras can detect who is littering the
ramp with cigarette butts. It’s disappointing that employees disregard our property and the
generous approval of smoking privileges
Response
The commenter questions whether the Clean Air Policy applies to employees of the Radisson, and
expresses complaints regarding the littering of cigarette butts.
The Clean Air Policy provides that no person may smoke in any building owned or operated by
the Nation, in any vehicle owned or operated by the Nation, or within thirty (30) feet of any
building owned or operated by the Nation, except that a person may smoke within thirty (30) feet
of the retail outlets or any gaming establishments. [4 O.C. 411.4-1]. The Radisson is not a building
owned and operated by the Nation, so the Clean Air Policy would not apply to that location.
The Clean Air Policy does not address the littering of cigarette butts in locations where smoking
is allowed or smoking receptables are found. However, the Nation’s Public Peace law does provide
that a person commits the civil infraction of littering if he or she deposits, throws, dumps, discards,
abandons, leaves any litter on any private property or Tribal property. [3 O.C. 309.10-1]. Any
person who violates a provision of the Public Peace law may be subject to the issuance of a citation
by an Oneida Policy Department officer. [3 O.C. 309.11-1].
There is no revision to the proposed amendments to the Clean Air Policy recommended based on
this comment.
LOC Consideration
The Legislative Operating Committee agreed that there is no revision to the Clean Air Policy
needed based on this comment, but wanted to highlight resolution BC-12-21-23-B, Consolidation
of the Hotel and Conference Center with Oneida Gaming, which recognizes the transition of the
Radisson Hotel and Conference Center property, personnel, services from the Oneida Airport
Hotel Corporation to gaming operations – meaning therefore in the future, employees of the
Radisson will be subject to this law.
A good mind. A good heart. A strong fire.
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Title 4. Environment and Natural Resources – Chapter 411
CLEAN AIR
411.1. Purpose and Policy
411.2. Adoption, Amendment, Repeal
411.3. Definitions
411.4. Regulation of Smoking
411.1. Purpose and Policy
411.1-1. Purpose. The purpose of this law is to provide a healthy working and learning
environment within buildings and vehicles owned and operated by the Nation by prohibiting
smoking.
411.1-2. Policy. It is the policy of the Nation to commit to promoting health and wellness in all
forms. There is long standing evidence that smoking is harmful to oneself, and that second-hand
smoke is harmful to others. In addition, the long-term effects of electronic cigarettes on individuals
are unclear. In an effort to provide a healthy environment for children, employees, and visitors,
smoking shall be prohibited as described within this law.
411.2. Adoption, Amendment, Repeal
411.2-1. This law was adopted by motion of the Oneida Business Committee on May 25, 1994,
and amended by resolutions BC-02-24-10-I, BC-05-28-14-A, and BC-__-__-__-__.
411.2-2. This law may be amended or repealed by the Oneida Business Committee or General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
411.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
411.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
411.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
411.3. Definitions
411.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Building” means a structure that has a roof and more than two (2) substantial walls.
(b) “Electronic cigarette” means a device that enables a person to ingest nicotine, or other
chemicals or substances, by inhaling a vaporized liquid and shall include the cartridges and
other products used to refill the device.
(c) “Indoor” means within the exterior walls of any building.
(d) “Main entrance” means the front entrance to any building, or any entrance a majority
of the employees and public use to access the building.
(e) “Nation” means the Oneida Nation.
(f) “Smoke” or “Smoking” means the inhalation of:
(1) the smoke of burning tobacco encased in cigarettes, pipes and cigars; or
(2) a vaporized liquid from an electronic cigarette, whether the liquid contains or
does not contain nicotine.
(g) “Tobacco product” means any form of tobacco prepared in a manner suitable for
smoking.
411.4. Regulation of Smoking
411.4-1. Prohibition of Smoking. No person may smoke:
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(a) in any building owned or operated by the Nation;
(b) within thirty (30) feet of any building owned or operated by the Nation. Receptacles
for disposing of smoking materials shall be maintained at least thirty (30) feet from the
main entrances of the building; or
(1) Exception. A person may smoke within thirty (30) feet of the retail outlets or
any gaming establishments. Receptacles for disposing of smoking materials may
be maintained within thirty (30) feet of the entrances of these buildings.
(c) in any vehicle owned or operated by the Nation.
411.4-2. Exemptions. The following exemptions shall apply to the prohibition of smoking:
(a) Cultural Usage. The reasonable burning of tobacco, sage, cedar, and/or sweetgrass
shall be exempted for cultural usage. Employees working in the vicinity of this cultural use
shall be notified prior to use.
(b) Exempted Locations. The following locations shall be exempted from the prohibition
of smoking:
(1) all gaming areas in any building of the Nation;
(A) Smoking and non-smoking employee break rooms shall be provided in
these buildings and shall have separate ventilation.
(B) Employees shall not smoke while working in these buildings, other than
in the provided break room.
(2) residential buildings that are owned by the Nation, including, but not limited
to, single-family dwellings, two (2) family dwellings, and multiple-family
dwellings, unless otherwise prohibited by a lease or rental agreement; and
(3) a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco
product, unless prohibited by Oneida Retail or the terms and conditions of the lease
or land or building assignment.
411.4-3. Posting and Notices. All buildings of the Nation, except for those exempted by section
411.4-2(b) of this Law, shall be posted as “Non-Smoking” on entrances. In addition, the hallways,
restroom facilities, and other public areas of these buildings may also be posted as “NonSmoking.” Signs shall be large enough that they can be viewed and read thirty (30) feet from the
building.
411.4-4. Violations.
(a) Any building manager or designated agent of the Nation may file for injunctive relief
with the Nation’s Judiciary against any person who repeatedly or willfully violates this
law.
(b) An employee of the Nation who violates this law during their work hours may be
subject to the following disciplinary action in accordance with the Nation’s laws and
policies governing employment:
(1) written warning for a first-time violation;
(2) suspended without pay for a second violation; or
(3) terminated from employment for any violation thereafter.
End.
Adopted – OBC motion on 05-25-94, Grace period for thirty (30) feet until shelters complete, except for at educational
facilities where minors are present.
4 O.C. 411 – Page 2
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Amended – BC-02-24-10-I
Amended – BC-05-28-14-A
Amended – BC__-__-__-__
4 O.C. 411 – Page 3
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Title 4. Environment and Natural Resources – Chapter 411
CLEAN AIR POLICY
411.1. Purpose and Policy
411.2. Adoption, Amendment, Conflicts
411.2. Adoption, Amendment, Repeal
411.3. Definitions
411.4. Regulation of Smoking
411.1. Purpose and Policy
411.1-1. Purpose. It is theThe purpose of this Clean Air Policylaw is to provide a healthy working
and learning environment within buildings and vehicles owned and operated by the Oneida
TribeNation by prohibiting smoking.
411.1-2. Policy. The Oneida TribeIt is committedthe policy of the Nation to commit to promoting
health and wellness in all forms. There is long standing evidence that smoking is harmful to
oneself, and that second-hand smoke is harmful to others. In addition, the long -term effects of
electronic cigarettes on individuals are unclear. In an effort to provide a healthy environment for
children, employees, and visitors, smoking willshall be restrictedprohibited as described within
this policylaw.
411.2. Adoption, Amendment, ConflictsRepeal
411.2-1. This Policylaw was adopted by motion of the Oneida Business Committee on May 25,
1994, and amended by resolutionresolutions BC-02-24-10-I and, BC-05-28-14-A., and BC-____-__-__.
411.2-2. This Policylaw may be amended or repealed by the Oneida Business Committee or
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
411.2-3. Should a provision of this Policylaw or the application thereof to any person or
circumstances be held as invalid, such invalidity shall not affect other provisions of this Policylaw
which are considered to have legal force without the invalid portions.
411.2-4. In the event of a conflict between a provision of this Policylaw and a provision of another
law, ordinance, policy, regulation, rule, resolution, or motion, the provisions of this Policylaw shall
control. Provided that, nothing in this Policy is intended to repeal or modify any existing law,
ordinance, policy, regulation, rule, resolution or motion.
411.2-5. This Policylaw is adopted under authority of the Constitution of the Oneida Tribe of
Indians of WisconsinNation.
411.3. Definitions
411.3-1. This section shall govern the definitions of words and phrases used within this Policy.
law. All words not defined herein shall be used in their ordinary and everyday sense.
(a)
(a) “Building” means a structure that has a roof and more than two (2) substantial
walls.
(b)
(b) “Electronic cigarette” means a device that enables a person to ingest nicotine,
or other chemicals or substances, by inhaling a vaporized liquid and shall include the
cartridges and other products used to refill the device. “Electronic cigarette” shall not
include any device that is prescribed by a healthcare professional.
(c)
(c) “Indoor” means within the exterior walls of any building.
(d)
(d) “Main entrance” means the front entrance to any building, or any entrance a
majority of the employees and public use to access the building.
(e) “Nation” means the Oneida Nation.
(e)
(f) “Smoke” or “Smoking” means the inhalation of:
(1)
(1) the smoke of burning tobacco encased in cigarettes, pipes and cigars; or
4 O.C. 411 – Page 1
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2024 01 17
(2) (2) a vaporized liquid from an electronic cigarette, whether the liquid contains
or does not contain nicotine.
(f)
“Tribe”(g) “Tobacco product” means the Oneida Tribeany form of Indians of
Wisconsintobacco prepared in a manner suitable for smoking.
411.4. Regulation of Smoking
411.4-1. Except as provided in 411.4-1(b)(1) and 411.4-2, noProhibition of Smoking. No person
may smoke:
(a) in any building owned or operated by the Tribe.Nation;
(b) within thirty (30) feet of any building owned or operated by the Tribe. Nation.
Receptacles for disposing of smoking materials shall be maintained at least thirty (30) feet
from the main entrances of the building.; or
(1) Exception. A person may smoke within thirty (30) feet of the Oneida One
Stopretail outlets or any gaming establishments. Receptacles for disposing of
smoking materials may be maintained within thirty (30) feet of the entrances of
these buildings.
(c) in any vehicle owned or operated by the TribeNation.
411.4-2. Exemptions. The following exemptions shall apply to the prohibition of smoking:
(a) There shall be an exemption for specific cultural uses for theCultural Usage. The
reasonable burning of tobacco, sage, cedar, and/or sweetgrass. shall be exempted for
cultural usage. Employees working in the vicinity of this cultural use shall be notified prior
to use.
(b) SpecificallyExempted Locations. The following locations shall be exempted from this
policy arethe prohibition of smoking:
(1) all gaming areas in any Tribal building. of the Nation;
(A) Smoking and non-smoking employee break rooms shall be provided in
these buildings and shall have separate ventilation.
(B) Employees shall not smoke while working in these buildings, other than
in the provided break room.
(2) residential buildings that are owned by the TribeNation, including, but not
limited to, single-family dwellings, two- (2) family dwellings, and multiple-family
dwellings., unless otherwise prohibited by a lease or rental agreement; and
(3) a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco
product, unless prohibited by Oneida Retail or the terms and conditions of the lease
or land or building assignment.
411.4-3. Posting and Notices. All Tribal buildings of the Nation, except for those listed in
exempted by section 411.4-2(b),) of this Law, shall be posted as “Non-Smoking” on entrances. In
addition, the hallways, restroom facilities, and other public areas of these buildings may also be
posted as “Non-Smoking.” Signs shall be large enough that they can be viewed and read thirty
(30) feet from the building.
411.4-4. Violations.
(a) Any building manager or designated agent of the Oneida Business CommitteeNation
may file for injunctive relief with the Tribe’s judicial systemNation’s Judiciary against any
person who repeatedly or willfully violates this policylaw.
4 O.C. 411 – Page 2
26 of 73
Draft 4 (Redline to Current)
2024 01 17
(b) An employee of the TribeNation who violates this policylaw during his or hertheir
work hours may be subject to the following disciplinary action in accordance with the
Nation’s laws and policies governing employment:
(1) reprimandedwritten warning for a first -time violation;
(2) suspended without pay for one (1) week for a second violation; or
(3) terminated from employment for any violation thereafter.
End.
Adopted - 5– OBC motion on 05-25-94, motion, graceGrace period for thirty (30) feet until shelters complete, except
for at educational facilities where minors are present.
Amended – BC-02-24-10-I
Amended – BC-05-28-14-A
Amended – BC__-__-__-__
4 O.C. 411 – Page 3
27 of 73
Draft 4
2024 01 17
Title 4. Environment and Natural Resources – Chapter 411
CLEAN AIR
411.1. Purpose and Policy
411.2. Adoption, Amendment, Repeal
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411.3. Definitions
411.4. Regulation of Smoking
411.1. Purpose and Policy
411.1-1. Purpose. The purpose of this law is to provide a healthy working and learning
environment within buildings and vehicles owned and operated by the Nation by prohibiting
smoking.
411.1-2. Policy. It is the policy of the Nation to commit to promoting health and wellness in all
forms. There is long standing evidence that smoking is harmful to oneself, and that second-hand
smoke is harmful to others. In addition, the long-term effects of electronic cigarettes on individuals
are unclear. In an effort to provide a healthy environment for children, employees, and visitors,
smoking shall be prohibited as described within this law.
411.2. Adoption, Amendment, Repeal
411.2-1. This law was adopted by motion of the Oneida Business Committee on May 25, 1994,
and amended by resolutions BC-02-24-10-I, BC-05-28-14-A, and BC-__-__-__-__.
411.2-2. This law may be amended or repealed by the Oneida Business Committee or General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
411.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
411.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
411.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
411.3. Definitions
411.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Building” means a structure that has a roof and more than two (2) substantial walls.
(b) “Electronic cigarette” means a device that enables a person to ingest nicotine, or other
chemicals or substances, by inhaling a vaporized liquid and shall include the cartridges and
other products used to refill the device.
(c) “Indoor” means within the exterior walls of any building.
(d) “Main entrance” means the front entrance to any building, or any entrance a majority
of the employees and public use to access the building.
(e) “Nation” means the Oneida Nation.
(f) “Smoke” or “Smoking” means the inhalation of:
(1) the smoke of burning tobacco encased in cigarettes, pipes and cigars; or
(2) a vaporized liquid from an electronic cigarette, whether the liquid contains or
does not contain nicotine.
(g) “Tobacco product” means any form of tobacco prepared in a manner suitable for
smoking.
411.4. Regulation of Smoking
411.4-1. Prohibition of Smoking. No person may smoke:
4 O.C. 411 – Page 1
28 of 73
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Draft 4
2024 01 17
(a) in any building owned or operated by the Nation;
(b) within thirty (30) feet of any building owned or operated by the Nation. Receptacles
for disposing of smoking materials shall be maintained at least thirty (30) feet from the
main entrances of the building; or
(1) Exception. A person may smoke within thirty (30) feet of the retail outlets or
any gaming establishments. Receptacles for disposing of smoking materials may
be maintained within thirty (30) feet of the entrances of these buildings.
(c) in any vehicle owned or operated by the Nation.
411.4-2. Exemptions. The following exemptions shall apply to the prohibition of smoking:
(a) Cultural Usage. The reasonable burning of tobacco, sage, cedar, and/or sweetgrass
shall be exempted for cultural usage. Employees working in the vicinity of this cultural use
shall be notified prior to use.
(b) Exempted Locations. The following locations shall be exempted from the prohibition
of smoking:
(1) all gaming areas in any building of the Nation;
(A) Smoking and non-smoking employee break rooms shall be provided in
these buildings and shall have separate ventilation.
(B) Employees shall not smoke while working in these buildings, other than
in the provided break room.
(2) residential buildings that are owned by the Nation, including, but not limited
to, single-family dwellings, two (2) family dwellings, and multiple-family
dwellings, unless otherwise prohibited by a lease or rental agreement; and
(3) a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco
product, unless prohibited by Oneida Retail or the terms and conditions of the lease
or land or building assignment.
411.4-3. Posting and Notices. All buildings of the Nation, except for those exempted by section
411.4-2(b) of this Law, shall be posted as “Non-Smoking” on entrances. In addition, the hallways,
restroom facilities, and other public areas of these buildings may also be posted as “NonSmoking.” Signs shall be large enough that they can be viewed and read thirty (30) feet from the
building.
411.4-4. Violations.
(a) Any building manager or designated agent of the Nation may file for injunctive relief
with the Nation’s Judiciary against any person who repeatedly or willfully violates this
law.
(b) An employee of the Nation who violates this law during their work hours may be
subject to the following disciplinary action in accordance with the Nation’s laws and
policies governing employment:
(1) written warning for a first-time violation;
(2) suspended without pay for a second violation; or
(3) terminated from employment for any violation thereafter.
End.
Adopted – OBC motion on 05-25-94, Grace period for thirty (30) feet until shelters complete, except for at educational
facilities where minors are present.
4 O.C. 411 – Page 2
29 of 73
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Draft 4
2024 01 17
Amended – BC-02-24-10-I
Amended – BC-05-28-14-A
Amended – BC__-__-__-__
4 O.C. 411 – Page 3
30 of 73
Analysis to Draft 4
2024 01 17
CLEAN AIR POLICY AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Amendments
Purpose
Affected Entities
Public Meeting
Fiscal Impact
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Analysis by the Legislative Reference Office
Include a new exemption to the prohibition of smoking, which is a
tobacco store, on or in premises controlled by Oneida Retail, that sells
tobacco product, unless prohibited by Oneida Retail or the terms and
conditions of the lease or land or building assignment. [4 O.C. 411.42(b)(3)];
Clarify the exemption to the prohibition of smoking for residential
buildings owned by the Nation only applies if not otherwise prohibited
by a lease or rental agreement. [4 O.C. 411.4-2(b)(2)];
Eliminate the requirement that a suspension for a second violation of this
law be one (1) week in length, providing the supervisor and HRD greater
flexibility in determining a suspension length that best fits the violation.
[4 O.C. 411.4-4(b)(2)]; and
Make other minor drafting changes.
The purpose of this law is to provide a healthy working and learning
environment within buildings and vehicles owned and operated by the Nation
by prohibiting smoking. [4 O.C. 411.1-1].
Oneida Nation employees and community members.
A public meeting was held on December 15, 2023. The public comment
period was held open until December 26, 2023.
A fiscal impact statement has not yet been requested.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Clean Air Policy was originally adopted by the Oneida Business by motion on May
25, 1994, and then amended through resolutions BC-02-24-10-I, and BC-05-28-14-A. The purpose of
the Clean Air Policy is to provide a healthy working and learning environment within buildings and
vehicles owned and operated by the Nation by prohibiting smoking. [4 O.C. 411.1-1]. It is the policy
of the Nation to commit to promoting health and wellness in all forms, by prohibiting smoking. [4 O.C.
411.1-2].
B. Request for Amendments. On January 10, 2023, the LOC received a request from Retail to consider
amendments to the Clean Air Policy to create an exemption for the prohibition from smoking in any
building of the Nation for smoking cigars and tobacco in pipes within a premise designated by retail as
a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco product and in which
the smoking of only cigars and tobacco in pipes is permitted. The Legislative Operating Committee
added the Clean Air Policy amendments to its Active Files List on January 18, 2023.
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SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of the
amendments to the Clean Air Policy and this legislative analysis:
Oneida Law Office;
Page 1 of 4
31 of 73
Analysis to Draft 4
2024 01 17
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Gaming;
Retail;
Comprehensive Health Division; and
Environmental, Health, Safety, Land, and Agriculture Division.
B. The following laws were reviewed in the drafting of this analysis:
Oneida Personnel Policies and Procedures.
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SECTION 4. PROCESS
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SECTION 5. CONTENTS OF THE LEGISLATION
A. The development of the proposed amendments to the Clean Air Policy complies with the process set
forth in the Legislative Procedures Act (LPA).
On January 18, 2023, the Legislative Operating Committee added the Clean Air Policy
amendments to its Active Files List.
On February 1, 2023, the Legislative Operating Committee approved the draft of the proposed
amendments to the Clean Air Policy and directed that a legislative analysis be developed.
On July 10, 2023, the Legislative Operating Committee approved the updated draft and
legislative analysis.
On October 4, 2023, the Legislative Operating Committee readded the Clean Air Policy
amendments to its Active Files List for the 2023-2026 legislative term.
On November 1, 2023, the Legislative Operating Committee approved the public meeting
packet for the Clean Air Policy Amendments with noted change to the public meeting notice,
and forwarded the Clean Air Policy Amendments to a public meeting to be held on December
15, 2023.
On December 15, 2023, the public meeting was held. Two (2) individuals provided oral
comments during the public meeting.
The public comment period was held open until December 26, 2023. Four (4) individuals
provided written comments during the public comment period.
On January 3, 2024, the Legislative Operating Committee accepted the public comments and
the public comment review memorandum and deferred these items to a work meeting for
further discussion. The Legislative Operating Committee held a work meeting to review and
consider the public comments later this same day.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of the amendments to this Law:
January 26, 2023: LOC work session;
February 20, 2023: LOC work session with the Comprehensive Health Division and the
Environmental, Health, Safety, Land, and Agriculture Division; and
March 20, 2023: LOC work session with the Comprehensive Health Division, Retail, Gaming,
Oneida Law Office, and the Environmental, Health, Safety, Land, and Agriculture Division.
October 18, 2023: LOC work session.
January 3, 2024: LOC work session.
A. Exemptions to the Prohibition of Smoking. The proposed amendments to the Clean Air Policy include
a new exemption to the prohibition of smoking, which is a tobacco store, on or in premises controlled
by Oneida Retail, that sells tobacco product, unless prohibited by Oneida Retail or the terms and
Page 2 of 4
32 of 73
Analysis to Draft 4
2024 01 17
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conditions of the lease or land or building assignment. [4 O.C. 411.4-2(b)(3)]. Previously, the Clean
Air Policy only included exemptions to the prohibition of smoking for cultural usage, all gaming areas
in any building of the Nation, and residential buildings that are owned by the Nation. [4 O.C. 411.42(a)-(b)(1)-(2)]. The proposed amendments also provide clarification that the exemption for residential
buildings owned by the Nation only applies if not otherwise prohibited by a lease or rental agreement.
[4 O.C. 411.4-2(b)(2)].
Effect. An additional exemption was added to the Clean Air Policy in an effort to provide Retail
with an opportunity to pursue the development of a cigar bar in one of the Oneida One Stop retail
locations. Clarification was added to the exemption for residential buildings in recognition that a
lease or rental agreement may further prohibit smoking within a residential building owned by the
Nation.
B. Violations of the Clean Air Policy. The proposed amendments to the Clean Air Policy clarify that any
employee of the Nation who violates this law during their work hours may be subject to disciplinary
action in accordance with the Nation’s laws and policies governing employment, which is the Oneida
Personnel Policies and Procedures. [4 O.C. 411.4-4(b)]. The proposed amendments to the Clean Air
Policy then demonstrates that the disciplinary action an employee may be subject to includes a written
warning for a first-time violation; a suspension without pay for a second violation; or termination from
employment for any violation thereafter. [4 O.C. 411.4-4(b)(1)-(3)]. Previously, the Clean Air
Policy provided that a first violation of this law would result in a reprimand, but the Clean Air Policy
was not specific as to what that reprimand would consist of. Additionally, the Clean Air Policy
previously provided that a second violation of this law would result in a suspension for one (1) week.
The proposed amendments to the Clean Air Policy eliminated the one (1) week requirement for
suspensions and instead provide the supervisor with discretion to determine the appropriate length of
the suspension. The Oneida Personnel Policies and Procedures requires that a supervisor consult with
the Executive Director of the Human Resources Department to mutually determine the appropriate
length of the suspension, and that any suspension be limited to a maximum of three (3) weeks. [Oneida
Personnel Policies and Procedures Section V.D.5.f.1].
Effect. This proposed amendments to the Clean Air Policy provide greater clarification as to how
violations of this law are addressed for employees who violate the Clean Air Policy during their
work hours.
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SECTION 6. EXISTING LEGISLATION
A. Related Legislation. The following laws of the Nation are related to the Clean Air Policy:
Oneida Personnel Policies and Procedures. The purpose of the Oneida Personnel Policies and
Procedures is to provide for the Nation’s employee related policies and procedures including
recruitment, selection, compensation and benefits, employee relations, safety and health, program
and enterprise rules and regulations, and record keeping.
Section V.D of the Oneida Personnel Policies and Procedures specifically addresses
complaints, disciplinary actions and grievances. Section V.D.2.b of the Oneida Personnel
Policies and Procedures provides that a supervisor is required to initiate disciplinary actions
commensurate with the seriousness of the unsatisfactory performance, and a supervisor must
consider each disciplinary action in progressive order and justify a deviance from that
recommended progression.
Page 3 of 4
33 of 73
Analysis to Draft 4
2024 01 17
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The proposed amendments to the Clean Air Policy clarify that any employee of the Nation who
violates this law during their work hours may be subject to disciplinary action in accordance
with the Nation’s laws and policies governing employment, which is the Oneida Personnel
Policies and Procedures. [4 O.C. 411.4-4(b)].
111
SECTION 7. OTHER CONSIDERATIONS
112
A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all
113
legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC114
10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures
115
Act,” provides further clarification on who the Legislative Operating Committee may direct complete
116
a fiscal impact statement at various stages of the legislative process, as well as timeframes for
117
completing the fiscal impact statement.
118
Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact
119
statement be completed.
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Page 4 of 4
34 of 73
Oneida Nation
=DODDDD=
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
"'
Oneida Business Committee
Legislative Operating Committee
Lawrence Barton. Oneida Business Committee Treasurer
Keith Doxtator, Chief Financial Officer
Ralinda Ninham-Lamberies, Assistant Chief Financial Officer
Jameson Wilson, Legislative Operating Committee Chairman
January 17, 2024
Clean Air Policy Amendments Fiscal Impact Statement
The Legislative Operating Committee (LOC) is currently developing amendments to the Clean Air
Policy. The Legislative Procedures Act requires that a fiscal impact statement be provided for all
proposed legislation of the Nation. [1 O.C. 109.6-1]. The fiscal impact statement is an estimate of
the total fiscal year financial effects associated with the proposed legislation, and should include:
startup costs;
personnel;
office costs;
documentation costs; and
an estimate of the amount of time necessary for an individual or agency to comply with the
law after implementation. [1 O.C. 109.3-1(c)].
The fiscal impact statement must be completed and submitted to the LOC prior to the proposed
legislation being forwarded to the Oneida Business Committee for consideration. [1 O.C. 109.62]. The fiscal impact statement provides the Oneida Business Committee information on what the
potential adoption of the proposed legislation will cost the Nation, so that the Oneida Business
Committee can determine if adoption of the proposed legislation is in the best interest of the
Nation.
The Legislative Procedures Act grants the LOC the authority to direct the Finance Department or
any agency who may administer a program if the legislation is enacted or may have financial
information concerning the subject matter of the legislation to submit a fiscal impact statement. [1
O.C. 109.6-1].
Oneida Business Committee resolution BC-10-28-20-A titled, “Further Interpretation of ‘Fiscal
Impact Statement’ in the Legislative Procedures Act” provides further clarification on the process
for directing a fiscal impact statement be completed. This resolution provides that upon final
approval of draft legislation by the LOC, the LOC may direct the Finance Department to provide
a neutral and unbiased fiscal impact statement to the LOC within ten (10) business days for
inclusion in adoption materials.
On January 17, 2024, the Legislative Operating Committee approved the final draft of the proposed
amendments to the Clean Air Policy. Therefore, the LOC is directing the Finance Department to
provide a fiscal impact statement on the proposed amendments to the Clean Air Policy by January
31, 2024.
Page 1 of 2
A good mind. A good heart. A strong fire.
35 of 73
A copy of the proposed amendments to the Clean Air Policy, as well as the legislative analysis,
have been attached to this memorandum for your convenience.
Requested Action
Provide the LOC a fiscal impact statement of the proposed amendments to the Clean Air Policy
by January 31, 2024.
A good mind. A good heart. A strong fire.
Page 2 of 2
~
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A good mind. A good heart. A strong fire.
37 of 73
TOURISM ENTITY AGREEMENT
AGREEMENT entered into between the Bay Area Room Tax
Commission (hereinafter the "Commission") and the Greater Green Bay
Convention and Visitors Bureau d.b.a. Discover Green Bay (hereinafter the
"Bureau") for the purpose of providing staff, support services, and assistance
in developing and implementing programs to promote and develop the
tourism zone to visitors pursuant to
§66.75, Wis. States. This Agreement is premised on the following:
WHEREAS, the convention and tourist trade is a part of the economics
of the tourism zone (the "Tourism Zone") created by the Villages of Lawrence,
and Wrightstown as well as the Town of Scott (hereinafter "Municipalities"),
and the continued growth of such trade is necessary for the economic wellbeing of the entire community.
WHEREAS, the Municipalities within the Tourism Zone have created a
Room Tax Commission for the purpose of contracting for services as provided
for herein and have granted necessary authority to the Commission to enter
into this Agreement.
WHEREAS, the Bureau is a qualified tourism entity as defined in
§66.75(1) (f), Wis. Stats.
NOW, THEREFORE, IT IS AGREED by the parties as follows:
1.
The Commission hereby contracts with the Bureau to promote
and develop tourism in the Tourism Zone.
2.
The Bureau shall provide all services and materials reasonably
necessary and proper to successfully promote, develop and attract the
meetings and tourist trade to the Tourism Zone, including, but not limited to,
a convention and sales staff, tourism staff, promotional and advertising
material and services, maintain strong relationships with hoteliers and other
Bureau "partners," supported with accounting services, administrative
services, facilities, supplies and equipment for the same (the "Services").
1
38 of 73
3.
The Commission shall review the Bureau's plans and programs;
the means of implementing the same; and the program budget implementing
Services to ensure that the room tax provided to the Bureau is being spent to
fulfill the Services.
4.
The municipalities shall make monthly distributions of 70% of
the room tax collections to the Bureau for the Bureau's expenses and services
as provided for in this Agreement.
5.
The Bureau shall:
(i)
meet with the Commission at its regularly convened
meetings to report Services provided during the prior
period;
(ii)
submit a budget to the Commission for
expenditures anticipated in providing the Services to
enable the Commission to ensure those expenditures are
related to the Bureau's Services.
(ii)
assist the Commission in preparing the annual report to
be filed with the Clerk of each Municipality as required
by statute related to the Bureau's use of the room tax.
6.
The term of this Agreement shall be five (5) years and
thereafter renewed on a three (3) year basis. Either party to this Agreement
may terminate this Agreement at any time for due cause with at least one
hundred eighty (180) days notice. The parties recognize that contracts will
be entered into by the Bureau in reliance upon this Agreement.
Dated this _19th__ day of __July______________, 2023.
2
39 of 73
BAY AREA ROOM TAX COMMISSION
By: _________________________________________
Chair
Attest: ______________________________________
Vice Chair
Dated this _____ day of ___________________, 2022.
GREATER GREEN BAY CONVENTION & VISITORS
BUREAU dba DISCOVER GREEN BAY
By: _________________________________________
Chair of the Board
Attest: _______________________________________
President/CEO
3
40 of 73
TOURISM ZONE AGREEMENT/CONTRACT
BAY AREA ROOM TAX ZONE
BAY AREA ROOM TAX COMMISSION
SEPTEMBER 2022
Pursuant to SS 66.0615 Wis. Stats., the municipalities of the Village of Wrightstown and Town of Scott
enter into this agreement/contract for the purposes of coordinating tourism promotion and tourism
development for a tourism zone.
Whereas, the Green Bay Area Room Tax Commission currently exists as a tourism zone and room tax
commission including the municipalities of Green Bay, Ashwaubenon, Allouez, Bellevue, De Pere,
Howard and Suamico.
Whereas, the municipalities of Town of Scott and Village of Wrightstown wish to create a tourism zone
for surrounding Green Bay Area municipalities not currently participating in the existing Green Bay Area
Room Tax Commission or Green Bay Area Room Tax Zone.
Whereas, Discover Green Bay is currently the approved Tourism Entity of the exiting Green Bay Area
Room Tax Commission and Green Bay Area Room Tax Zone.
Whereas, the municipalities of Town of Scott, and Village of Wrightstown upon creation of this tourism
zone, will also approve Discover Green Bay as the approved Tourism Entity for the new Bay Area Room
Tax Zone.
Whereas, the contracting municipalities desire to create a room tax commission consistent with state
statutes.
Whereas, the contracting municipalities agree and acknowledge the geographic area encompassing the
municipalities is a single destination of surrounding and participating Green Bay Area municipalities that
are not currently under agreement with the Green Bay Area Room Tax Commission or existing Green
Bay Area Room Tax Zone.
Whereas the state legislature has established statutory guidelines for the collection of room tax, the
promotion of tourism, and the make up of multiple jurisdiction room tax commissions which is set forth
in SS 66.0615 Wis Stats.
Now therefore, for valuable consideration and mutual benefit, it is agreed by the contracting
municipalities as follows:
1. That the geographic area encompassing the contracting municipalities is a single destination, of
surrounding Green Bay Area municipalities that are not part of the existing Green Bay Area
Room Tax Commission or Green Bay Area Room Tax Zone, as perceived by the traveling public,
and therefore, a tourism zone, as that term is used in SS 66.0615 (1) (h), Wis. Stats.
41 of 73
2. That the Bay Area Room Tax Commission (the commission) is hereby established for the purpose
of coordinating tourism promotion and tourism development for the Bay Area Tourism Zone
(zone) under SS 66.0615, Wis. Stats.
3. That the Commission is established herein for the purposes of enforcing the collection of room
tax, Budgeting for tourism services, contracting with the tourism entity under SS 66.0615 (1) (f),
Wis. Stats. , in order for the tourism entity to obtain staff, support services and assistance in
developing and implementing programs to promote the Zone to visitors, and do all the things
necessary as provided for by State Statute.
4. That the Commission shall appoint Discover Green Bay as the tourism entity upon creation of
the Bay Area Room Tax Zone and Commission.
5. That the Commission shall have the following powers rights and duties:
a. Monitoring the collection of room taxes from each municipality within the zone that
imposes as room tax
b. Contracting with a tourism entity qualified under SS66.0615 (1) (f) Wis. Stats., to provide
staff support services, development, and promotional services for the purpose of
promoting the zone to visitors
c. Appointing additional members to the commission according to state statute.
d. Approving the tourism entity’s plans and programs, the means of implementing, and the
program budget.
e. Meeting regularly to review room tax collections and expenditures of the tourism entity,
approving said expenditures and marketing plans.
f. Reporting delinquencies or inadequate reporting to the municipality that is due the tax
g. Collecting delinquent room taxes
6. It is anticipated that additional municipalities may join this agreement in the future, and the
membership composition below will be adjusted accordingly as outlined in SS 66.0615 Wis.
Stats. Membership shall be formally recognized upon the principal elected official of the
municipality presenting verification of municipal council/board action of approval of a room tax
ordinance and approval of a resolution to join the commission, and a majority vote of the
current members of the commission to approve acceptance.
7. Membership on the commission shall be consistent with SS 66.0615 Wis. Stats, with the initial
composition of the commission made up of the following members, to be appointed by the
principal elected official in the municipality and confirmed per statute of the commission
chairman:
42 of 73
Village of Wrightstown
1
Town of Scott
1
Wisconsin Hotel & Motel Industry
2
(To be appointed by Commission Chairman)
8. The contracting municipalities shall enact such ordinances and resolutions necessary to satisfy
this agreement and effect the contract with the commission provided for by SS 66.0615 Wis.
Stats.
9. Each contracting municipality shall forward to the commission, for funding of tourism promotion
or tourism development, an amount not less than the statutory amount required by SS 66.0615
Wis. Stats.
10. Any increase in the percentage of room tax put into effect during the life of this agreement will
be remitted to the commission for tourism promotion and tourism development pursuant to
requirements of SS 66.0615 Wis Stats.
11. Each contracting municipality, as a voting member of the Bay Area Room Tax Commission, shall
vote to determine use and or payout of occupancy taxes collected, for the funding of tourism
promotion and tourism development activities, less any administrative fee allowed to be
retained by the municipality as per SS 66.0615 Wis Stats. This commission shall also vote to
determine the percentage of funds allocated to the tourism entity, defined in this agreement as
Discover Green Bay as per SS 66.0615 Wis Stats.
12. In signing this agreement, representatives of the respective municipalities represent and
warrant this contract has been approved by the legislative body of that municipality and that
appropriate authority rests in the signatories on behalf of the respective municipalities
13. The effective date of this agreement shall be the date upon which the last listed municipality so
enters.
Dated this
Village of Wrightstown
By
Town of Scott
By
day of
2022.
43 of 73
TOURISM ZONE AGREEMENT/CONTRACT
BAY AREA ROOM TAX ZONE
BAY AREA ROOM TAX COMMISSION
SEPTEMBER 2022
Resolution 09062022 - Creation of Bay Area Room Tax Zone and Bay Area Room Tax Commission
Pursuant to SS 66.0615 Wis. Stats., the municipalities of the Village of Wrightstown and Town of Scott
enter into this agreement/contract for the purposes of coordinating tourism promotion and tourism
development for a tourism zone.
Whereas, the Green Bay Area Room Tcrx Commission currently exists as a tourism zone and room tax
commission including the municipalities of Green Bay, Ashwaubenon, Allouez, Bellevue, De Pere,
Howard and Suamico.
Whereas, the municipalities of Town of Scott and Village of Wrightstown wish to create a tourism zone
for surrounding Green Bay Area municipalities not currently participating in the existing Green Bay Area
Room Tax Commission or Green Bay Area Room Tax Zone.
Whereas, Discover Green Bay is currently the approved Tourism Entity of the exiting Green Bay Area
Room Tax Commission and Green Bay Area Room Tax Zone.
Whereas, the municipalities of Town of Scott, and Village of Wrightstown upon creation of this tourism
zone, will also approve Discover Green Bay as the approved Tourism Entity for the new Bay Area Room
Tax Zone.
Whereas, the contracting municipalities desire to create a room tax commission consistent with state
statutes.
Whereas, the contracting municipalities agree and acknowledge the geographic area encompassing the
municipalities is a single destination of surrounding and participating Green Bay Area municipalities that
are not currently under agreement with the Green Bay Area Room Tax Commission or existing Green
Bay Area Room Tax Zone.
Whereas the state legislature has established statutory guidelines for the collection of room tax, the
promotion of tourism, and the make up of multiple jurisdiction room tax commissions which is set forth
in SS 66.0615 Wis Stats.
Now therefore, for valuable consideration and mutual benefit, it is agreed by the contracting
municipalities as follows:
1.
That the geographic area encompassing the contracting municipalities is a single destination, of
surrounding Green Bay Area municipalities that are not part of the existing Green Bay Area
Room Tax Commission or Green Bay Area Room Tax Zone, as perceived by the traveling public,
and l;1erefore, a tourism zone, as that term is used in SS 66.0615 (1) (h), Wis. Stats.
44 of 73
2. That the Bay Area Room Tax Comm ission (the commission) is hereby established for the purpose
of coordinating tourism promotion and tourism development for the Bay Area Tourism Zone
(zone) under 55 66.0615, Wis. Stats.
3.
That the Commission is established herein for the purposes of enforcing the collection of room
tax, Budgeting for tourism services, contracting with the tourism entity under SS 66.0615 (1) (f),
Wis. Stats., in order for the tourism entity to obtain staff, support services and assistance in
developing and implementing programs to promote the Zone to visitors, and do all the things
necessary as provided for by State Statute.
4. That the Commission shall appoint Discover Green Bay as the tourism entity upon creation of
the Bay Area Room Tax Zone and Commission.
5.
That the Commission shall have the following powers rights and duties:
a.
Monitoring the collection of room taxes from each municipality within the zone that
imposes as room tax
b. Contracting with a tourism entity qualified under SS66.0615 (1) (f) Wis. Stats., to provide
staff support services, development, and promotional services for the purpose of
promoting the zone to visitors
c. Appointing additional members to the commission according to state statute.
d. Approving the tourism entity's plans and programs, the means of implementing, and the
program budget.
e. Meeting regularly to review room tax collections and expenditures of the tourism entity,
approving said expenditures and marketing plans.
f. Reporting delinquencies or inadequate reporting to the municipality that is due the tax
g. Collecting delinquent room taxes
6.
It is anticipated that additional municipalities may join this agreement in the future, and the
membership composition below will be adjusted accordingly as outlined in SS 66.0615 Wis.
Stats. Membership shall be formally recognized upon the principal elected official of the
municipality presenting verification of municipal council/board action of approval of a room tax
ordinance and approval of a resolution to join the commission, and a majority vote of the
current members of the commission to approve acceptanse.
7.
Membership on the commission shall be consistent with SS 66.0615 Wis. Stats, with the initial
composition of the commission made up of the following members, to be appointed by the
principal elected official in the municipality and confirmed per statute of the commission
chairman:
45 of 73
Village of Wrightstown
1
Town of Scott
1
Wisconsin Hotel & Motel Industry
2
(To be appointed by Commission Chairman)
8.
The contracting municipalities shall enact such ordinances and resolutions necessary to satisfy
this agreement and effect the contract with the commission provided for by 55 66.0615 Wis.
Stats .
9.
Each contracting municipality shall forward to the commission, for funding of tourism promotion
or tourism development, an amount not less than the statutory amount required by SS 66.0615
Wis. Stats.
10. Any increase in the percentage_of room tax put into effect during the life of this agreement will
be remitted to the commission for tourism promotion and tourism development pursuant to
requirements of 55 66.0615 Wis Stats.
11. Each contracting municipality, as a voting member of the Bay Area Room Tax Commission, shall
vote to determine use and or payout of occupancy taxes collected, for the funding of tourism
promotion and tourism development activities, less any administrative fee allowed to be
retained by the municipality as per SS 66.0615 Wis Stats. This commission shall also vote to
determine the percentage of funds allocated to the tourism entity, defined in this agreement as
Discover Green Bay as per SS 66.0615 Wis Stats.
12. In signing this agreement, representatives of the respective municipalities represent and
warr c1nt this contract has been approved by the legislative body of that municipality and that
appropriate authority rests in the signatories on behalf of the respective municipalities
13. The effective date of this agreement shall be the date upon which the last listed municipa lity so
enters.
Dated this 6th of September, 2022.
Village of Wrightstown
By
Town of Scott
By
46 of 73
2621 Jody Drive - New Franken, WI - 54229
Ph: (920) 406-9380
www.townofscott.com
Fx: (920) 406-9381
clerk@townofscott.com
Resolution 2022-09-02 Bay Area Room Tax Commission
Pursuant to SS 66.0615 Wis. Stats., the municipalities of the Village of Wrightstown and Town of
Scott enter into this agreemenUcontract for the purposes of coordinating tourism promotion and tourism
development for a tourism zone.
Whereas, the Green Bay Area Room Tax Commission currently exists as a tourism zone and room
tax commission including the municipalities of Green Bay, Ashwaubenon, Allouez, Bellevue, De
Pere, Howard and Suamico.
Whereas, the municipalities of Town of Scott and Village of Wrightstown wish to create a tourism
zone for surrounding Green Bay Area municipalities not currently participating in the existing Green
Bay Area Room Tax Commission or Green Bay Area Room Tax Zone.
Whereas, Discover Green Bay is currently the approved Tourism Entity of the exiting Green Bay
Area Room Tax Commission and Green Bay Area Room Tax Zone.
Whereas, the municipalities of Town of Scott, and Village of Wrightstown upon creation ofthis tourism
zone, will also approve Discover Green Bay as the approved Tourism Entity for the new Bay Area Room
Tax Zone.
Whereas, the contracting municipalities desire to create a room tax commission consistent with state
statutes.
Whereas, the contracting municipalities agree and acknowledge the geographic area encompassing the
municipalities is a single destination of surrounding and participating Green Bay Area municipalities
that are not currently under agreement with the Green Bay Area Room Tax Commission or existing
Green Bay Area Room Tax Zone.
Whereas the state legislature has established statutory guidelines for the collection of room tax, the
promotion of tourism, and the make-up of multiple jurisdiction room tax commissions which is set
forth in SS 66.0615 Wis Stats.
Now therefore, for valuable consideration and mutual benefit, it is agreed by the
contracting municipalities as follows:
1. That the geographic area encompassing the contracting municipalities is a single destination, of
smTounding Green Bay Area municipalities that are not part of the existing Green Bay Area
Room Tax Conunission or Green Bay Area Room Tax Zone, as perceived by the traveling
public, and therefore, a tourism zone, as that term is used in SS 66.0615 (1) (h), Wis. Stats.
47 of 73
2. That the Bay Area Room Tax Commission (the commission) is hereby established for the
purpose of coordinating tourism promotion and tourism development for the Bay Area Tourism
Zone (zone) under SS 66.0615, Wis. Stats.
3. That the Commission is established herein for the pmposes of enforcing the collection of room
tax, Budgeting for tourism services, contracting with the tourism entity under SS 66.0615 (1)
(f), Wis. Stats., in order for the tourism entity to obtain staff, support services and assistance in
developing and implementing programs to promote the Zone to visitors, and do all the things
necessary as provided for by State Statute.
4. That the Commission shall appoint Discover Green Bay as the tourism entity upon creation of
the Bay Area Room Tax Zone and Commission.
5. That the Commission shall have the following powers rights and duties:
a. Monitoring the collection of room taxes from each municipality within the zone that
imposes as room tax
b. Contracting with a tourism entity qualified under SS66.06 15 (1) (f) Wis. Stats., to
provide staff support services, development, and promotional services for the purpose of
promoting the zone to visitors
c. Appointing additional members to the commission according to state statute.
d. Approving the tourism entity's plans and programs, the means of implementing, and
the program budget.
e. Meeting regularly to review room tax collections and expenditures of the tourism entity,
approving said expenditures and marketing plans.
f. Reporting delinquencies or inadequate reporting to the municipality that is due the tax
g. Collecting delinquent room taxes
6. It is anticipated that additional municipalities may join this agreement in the future, and the
membership composition below will be adjusted accordingly as outlined in SS 66.0615 Wis.
Stats. Membership shall be formally recognized upon the principal elected official of the
municipality presenting verification of municipal council/board action of approval of a room
tax ordinance and approval of a resolution to j oin the commission, and a majority vote of the
current members of the commission to approve acceptance.
7. Membership on the commission shall be consistent with SS 66.0615 Wis. Stats, with the
initial composition of the commission made up of the following members, to be appointed by
the principal elected official in the municipality and confirmed per statute of the commission
chairman:
Village of Wrightstown 1
Town of Scott 1
Wisconsin Hotel & Motel Industry 2
(To be appointed by Commission Chairman)
8. The contracting municipalities shall enact such ordinances and resolutions necessary to satisfy
this agreement and effect the contract with the commission provided for by SS 66.0615 Wis.
Stats.
9. Each contracting mwi.icipality shall forward to the commission, for funding of tourism
promotion or tourism development, an amount not less than the statutory amount required by SS
66.0615 Wis. Stats.
I 0. Any increase in the percentage of room tax put into effect during the life of this agreement will
be remitted to the commission for tourism promotion and tourism development pursuant to
requirements of SS 66.0615 Wis Stats.
11. Each contracting municipality, as a voting member of the Bay Area Room Tax Commission,
shall vote to determine use and or payout of occupancy taxes collected, for the funding of
tourism promotion and tourism development activities, less any administrative fee allowed to be
retained by the municipality as per SS 66.0615 Wis Stats. This commission shall also vote to
48 of 73
determine the percentage of funds allocated to the tourism entity, defined in this agreement as
Discover Green Bay as per SS 66.0615 Wis. Stats.
12. In signing this agreement, representatives of the respective municipalities represent and wanant
this contract has been approved by the legislative body of that municipality and that appropriate
authority rests in the signatories on behalf of the respective municipalities
13. The effective date of this agreement shall be the date upon which the last listed municipality so
enters.
Dated this 13 th day of September, 2022.
Village of Wrightstown and By Town of Scott
BE IT FURTHER RESOLVED that this Resolution is permanently entered in the record of the
proceedings of the Town of Scott, Brown County.
Dated this 13 th day of
\tv\ d\t
Mike Van Lanen, Chairman
Cari Langenberg, Supervisor
;t'Jorm Strebel, Supervisor
Attest: J
49 of 73
2621 Jody Drive - New Franken, WI - 54229
Ph: (920) 406-9380
www.townofscott.com
Fx: (920) 406-9381
clerk(a)townofscott.com
September 14, 2022
Jason Hager, President, Bay Area Room Tax Commission
This letter is to certify that Al Herrman has been appointed to the Bay Area Room Tax
Commission, representing the Town of Scott. This appointment was approved by the
Town Board of the Town of Scott at their September 13, 2022 meeting.
Sincerely,
John J. Roth
Clerk/Treasurer
Town of Scott
2621 Jody Drive
New Franken, WI 54229
920-406-9380
920-406-9381 (Fax)
clerk@townofscottbrownwi.gov
Population: 3679
50 of 73
Office of t he Village Administrator
352 High St.
Wrightstown, WI 54180
Ph one - 920-532-5567
Fax - 920-532-4564
www.tcoenen@wrigh ts town.us
September 7, 2022
To whom it may concern at the Bay Area Tax Commission,
I, Dean J. Erickson, Village President report to you that the Village board took action at the September
6, 2022 board meeting to appoint Travis Coenen, the village administrator, to be our representative on
the Bay Area Room Tax Commission. The board approved the vote unanimously with confidence that
Travis will serve both groups well.
Sincerely,
Dean J. Erickson
Date
1 Ir <lg e
51 of 73
- CODE OF ORDINANCES
Chapter 12 – Budget and Finances
sS.12.9 - ROOM TAX REGULATIONS
Sub. Sec. 12.9 - ROOM TAX REGULATIONS
Sub. Sec. 12.9a - Room tax- Outagamie County.
(a)
Definitions. In addition to the terms defined in this section, the terms used in this article shall have the
definitions, if any, set forth in the Room Tax Act (as defined below).
CVB shall mean the Fox Cities Convention and Visitors Bureau, Inc., a Wisconsin nonstock corporation, and its
successors.
Fiscal agent shall mean a financial institution acting in the capacity as an agent, on behalf of the village, for
the receipt and allocation of the room taxes in accordance with this article.
Fiscal agency agreement shall mean an agreement entered into by and among the municipalities and the
fiscal agent that sets forth the duties of the fiscal agent with respect to the room taxes as described in this article.
Operators shall mean hotelkeepers, motel operators, lodging marketplaces, owners of short-term rentals,
and other persons furnishing accommodations that are available to the public, which are located in the village and
are obligated to pay room taxes under this article.
Pledge agreement shall mean any pledge agreement entered into by the municipalities and the CVB,
pursuant to which a portion of the room tax is pledged to support tourism and visitors bureau initiatives.
Quarterly payment date shall mean each January 31, April 30, July 31, and October 31, each of which is the
last day of the month next succeeding the end of a calendar quarter.
Room tax shall mean a tax on the privilege of furnishing, at retail, except sales for resale, rooms or lodging to
transients by the operators, pursuant to the Room Tax Act.
Room Tax Act shall mean Wis. Stats. § 66.0615, as amended from time to time.
(b)
Imposition of room tax. Pursuant to the Room Tax Act, there is hereby imposed a eight percent room tax on
the privilege of furnishing, at retail, except sales for resale, rooms or lodging to transients, by the operators.
Operators shall remit all room taxes to (i) the village's Clerk/Treasurer or (ii) to a fiscal agent on behalf of the
village pursuant to a fiscal agency agreement in accordance with the requirements of this article and the
Room Tax Act. Such eight percent room tax shall be allocated as follows:
(i)
A six percent room tax shall be imposed and allocated toward the support of the CVB, to be used for
the promotion of the Fox Cities Tourism Zone as a tourism destination (the "CVB Room Tax").
(ii)
A two percent room tax shall be imposed and retained by the village to be used for general tourism
support and development in the village in accordance with the requirements of the Room Tax Act (the
"municipal room tax").
The village or its fiscal agent shall forward the room taxes it has received, to be used as described above, to the
following parties: (i) the CVB Room Tax to the CVB, (ii) the municipal room tax to the village.
(d)
Priority of payment. In the event any operator fails to remit the entire room tax amounts due on any
quarterly payment date under this article, the village directs that the amounts actually received by the village
(or its fiscal agent) shall be applied in the following priority order:
(1)
First, to the CVB room tax until paid in full;
(2)
Second, and to the municipal room tax.
Village of Wrightstown, Wisconsin, Code of Ordinances
Created: 2022-09-01 12:00 [CST]
Page 1 of 5
52 of 73
(e)
Tourism entity. The CVB shall act as the "tourism entity," as that term is defined in the Room Tax Act, for
purposes of providing staff, support services and assistance to the room tax commission in developing and
implementing programs to promote the Fox Cities Tourism Zone to visitors, as more fully set forth in an
agreement between the room tax commission and the CVB. The CVB may also hold and administer the
tourism facilities room tax on behalf of the room tax commission in furtherance of the purpose of the
tourism facilities room tax, except when a related pledge agreement is in effect.
(f)
Collection and administration of room tax; operator reports. This article shall be administered by the village's
clerk. The room tax imposed by this article shall be payable on each quarterly payment date to the village (or
to a fiscal agent on behalf of the village pursuant to a fiscal agency agreement). A report shall be filed by
each operator with the village's Clerk/Treasurer (or with a fiscal agent) on or before each quarterly payment
date. Such report shall show the gross room receipts of the preceding calendar quarter from such retail
furnishing of rooms or lodging, the amount of room tax imposed for such period, and such other information
as the village deems necessary. Every operator required to file such quarterly report shall, with its first
report, elect to file an annual report based on either the calendar year or its fiscal year. Such annual report
shall be filed within 90 days after the close of each such calendar or fiscal year. The annual report shall
summarize the quarterly reports, shall reconcile and adjust for errors in the quarterly reports, and shall
contain certain such additional information, as the village requires. Such annual reports shall be signed by a
representative of the operator or its duly authorized agent, but need not be verified by oath. The village may,
for good cause, extend the due date for filing any report, but in no event shall such extension be longer than
one month after the due date.
(g)
Rental application required. Every operator is required under this ordinance to file with the village's clerk an
application for a permit for each place of business that is required to pay room tax hereunder. Every
application for a permit shall be submitted to the village's clerk using a form prescribed by the village and
shall set forth the name under which the operator transacts or intends to transact business, the location of
its place of business, and such other information as the village requires. The application shall be signed by
the owner if the operator if a sole proprietor and, if not a sole proprietor, by an authorized representative of
such operator. Together with the permit application, each operator shall pay the village an initial fee of
$500.00 for each permit plus $250 for each additional unit. A permit issued hereunder is non-transferable.
Chapter 123-2A(M)
(h)
Penalty for violations. In addition to the schedule of forfeiture described in subsection (j) hereof, any
operator in violation of the terms of this ordinance by failing to obtain a permit shall be subject to a penalty
in accordance to Chapter 102-1, §CH 123-2a for each violation. Each room or unit separately rented or
offered for rent, and each day of such rental or offer for rental of such unit shall be a separate violation. In
addition, injunctive relief is hereby authorized to discontinue any violation of this article. Any operator
deemed to have violated any of the provisions of this article shall be obligated to pay the costs of
prosecution, in addition to actual attorney fees expended in the course of said enforcement. The village may
revoke or suspend any permit issued hereunder for failure to comply with the provisions hereof.
(i)
Liability for room tax on sale or transfer of business. If any operator sells or transfers all or substantially all of
its interest in its hotel, motel or other lodging accommodation, its successors or assigns shall withhold
sufficient amounts from the purchase price to pay any amount of room tax liability due through the sale or
transfer date until the operator produces a receipt from the village's treasurer that its liability has been paid
in full or a certificate stating that no room tax amount is due. If a successor operator fails to withhold such
amount from the purchase price as required, such successor operator shall become liable for payment of the
room tax amount it is required to withhold.
(j)
Schedule of forfeiture. In addition to paying the room taxes due hereunder, any operator that has failed to
pay any room tax when due shall be required to pay a forfeiture in an amount equal to 25 percent of the
room tax due from the operator to the village for the previous year and unpaid, or $5,000.00, whichever is
less, for failure to pay the room tax due hereunder.
Created: 2022-09-01 12:12:00 [CST]
Page 2 of 5
53 of 73
(k)
Confidentiality of information. To the extent permitted under the law, the information provided to the village
under Wis. Stats. § 66.0615(2) shall remain confidential; provided, however, that the village or any employee
thereof may use such information in the discharge of duties imposed by law or of the duties of their office or
by order of a court. Persons violating the provisions of this subsection may be required to forfeit not less
than $100.00 nor more than $500.00.
(l)
Enforcement. The village shall enforce this article in accordance with the Room Tax Act.
Sub. Sec. 12.9b - Room tax- Brown County.
(a)
Definitions. In addition to the terms defined in this section, the terms used in this article shall have the
definitions, if any, set forth in the Room Tax Act (as defined below).
CVB shall mean the Bay Area Tax Commission, a Wisconsin nonstock corporation, and its successors.
Fiscal agent shall mean a financial institution acting in the capacity as an agent, on behalf of the village, for
the receipt and allocation of the room taxes in accordance with this article.
Fiscal agency agreement shall mean an agreement entered into by and among the municipalities and the
fiscal agent that sets forth the duties of the fiscal agent with respect to the room taxes as described in this article.
Operators shall mean hotelkeepers, motel operators, lodging marketplaces, owners of short-term rentals,
and other persons furnishing accommodations that are available to the public, which are located in the village and
are obligated to pay room taxes under this article.
Pledge agreement shall mean any pledge agreement entered into by the municipalities and the CVB,
pursuant to which a portion of the room tax is pledged to support tourism and visitors bureau initiatives.
Quarterly payment date shall mean each January 31, April 30, July 31, and October 31, each of which is the
last day of the month next succeeding the end of a calendar quarter.
Room tax shall mean a tax on the privilege of furnishing, at retail, except sales for resale, rooms or lodging to
transients by the operators, pursuant to the Room Tax Act.
Room Tax Act shall mean Wis. Stats. § 66.0615, as amended from time to time.
(b)
Imposition of room tax. Pursuant to the Room Tax Act, there is hereby imposed a eight percent room tax on
the privilege of furnishing, at retail, except sales for resale, rooms or lodging to transients, by the operators.
Operators shall remit all room taxes to (i) the village's Clerk/Treasurer or (ii) to a fiscal agent on behalf of the
village pursuant to a fiscal agency agreement in accordance with the requirements of this article and the
Room Tax Act. Such eight percent room tax shall be allocated as follows:
(i)
A six percent room tax shall be imposed and allocated toward the support of the CVB, to be used for
the promotion of Bay Area Tourism Zone as a tourism destination (the "CVB Room Tax").
(ii)
A two percent room tax shall be imposed and retained by the village to be used for general tourism
support and development in the village in accordance with the requirements of the Room Tax Act (the
"municipal room tax").
The village or its fiscal agent shall forward the room taxes it has received, to be used as described above, to the
following parties: (i) the CVB Room Tax to the CVB, (ii) the municipal room tax to the village.
(d)
Priority of payment. In the event any operator fails to remit the entire room tax amounts due on any
quarterly payment date under this article, the village directs that the amounts actually received by the village
(or its fiscal agent) shall be applied in the following priority order:
Created: 2022-09-01 12:12:00 [CST]
Page 3 of 5
54 of 73
(1)
First, to the CVB room tax until paid in full;
(2)
Second, and to the municipal room tax.
(e)
Tourism entity. The CVB shall act as the "tourism entity," as that term is defined in the Room Tax Act, for
purposes of providing staff, support services and assistance to the room tax commission in developing and
implementing programs to promote the Bay Area Tourism Zone to visitors, as more fully set forth in an
agreement by the Bay Area Room Tax Commission (CVB). The CVB may also hold and administer the tourism
facilities room tax in furtherance of the purpose of the tourism facilities room tax, except when a related
pledge agreement is in effect.
(f)
Collection and administration of room tax; operator reports. This article shall be administered by the village's
clerk. The room tax imposed by this article shall be payable on each quarterly payment date to the village (or
to a fiscal agent on behalf of the village pursuant to a fiscal agency agreement). A report shall be filed by
each operator with the village's Clerk/Treasurer (or with a fiscal agent) on or before each quarterly payment
date. Such report shall show the gross room receipts of the preceding calendar quarter from such retail
furnishing of rooms or lodging, the amount of room tax imposed for such period, and such other information
as the village deems necessary. Every operator required to file such quarterly report shall, with its first
report, elect to file an annual report based on either the calendar year or its fiscal year. Such annual report
shall be filed within 90 days after the close of each such calendar or fiscal year. The annual report shall
summarize the quarterly reports, shall reconcile and adjust for errors in the quarterly reports, and shall
contain certain such additional information, as the village requires. Such annual reports shall be signed by a
representative of the operator or its duly authorized agent, but need not be verified by oath. The village may,
for good cause, extend the due date for filing any report, but in no event shall such extension be longer than
one month after the due date.
(g)
Rental application required. Every operator is required under this ordinance to file with the village's clerk an
application for a permit for each place of business that is required to pay room tax hereunder. Every
application for a permit shall be submitted to the village's clerk using a form prescribed by the village and
shall set forth the name under which the operator transacts or intends to transact business, the location of
its place of business, and such other information as the village requires. The application shall be signed by
the owner if the operator if a sole proprietor and, if not a sole proprietor, by an authorized representative of
such operator. Together with the permit application, each operator shall pay the village an initial fee of
$500.00 for each permit plus $250 for each additional unit. A permit issued hereunder is non-transferable.
Chapter 123-2A(M)
(h)
Penalty for violations. In addition to the schedule of forfeiture described in subsection (j) hereof, any
operator in violation of the terms of this ordinance by failing to obtain a permit shall be subject to a penalty
in accordance to Chapter 102-1, §CH 123-2a for each violation. Each room or unit separately rented or
offered for rent, and each day of such rental or offer for rental of such unit shall be a separate violation. In
addition, injunctive relief is hereby authorized to discontinue any violation of this article. Any operator
deemed to have violated any of the provisions of this article shall be obligated to pay the costs of
prosecution, in addition to actual attorney fees expended in the course of said enforcement. The village may
revoke or suspend any permit issued hereunder for failure to comply with the provisions hereof.
(i)
Liability for room tax on sale or transfer of business. If any operator sells or transfers all or substantially all of
its interest in its hotel, motel or other lodging accommodation, its successors or assigns shall withhold
sufficient amounts from the purchase price to pay any amount of room tax liability due through the sale or
transfer date until the operator produces a receipt from the village's treasurer that its liability has been paid
in full or a certificate stating that no room tax amount is due. If a successor operator fails to withhold such
amount from the purchase price as required, such successor operator shall become liable for payment of the
room tax amount it is required to withhold.
(j)
Schedule of forfeiture. In addition to paying the room taxes due hereunder, any operator that has failed to
pay any room tax when due shall be required to pay a forfeiture in an amount equal to 25 percent of the
Created: 2022-09-01 12:12:00 [CST]
Page 4 of 5
55 of 73
room tax due from the operator to the village for the previous year and unpaid, or $5,000.00, whichever is
less, for failure to pay the room tax due hereunder.
(k)
Confidentiality of information. To the extent permitted under the law, the information provided to the village
under Wis. Stats. § 66.0615(2) shall remain confidential; provided, however, that the village or any employee
thereof may use such information in the discharge of duties imposed by law or of the duties of their office or
by order of a court. Persons violating the provisions of this subsection may be required to forfeit not less
than $100.00 nor more than $500.00.
(l)
Enforcement. The village shall enforce this article in accordance with the Room Tax Act.
Secs. 12.10 -12.15 Reserved.
Created: 2022-09-01 12:12:00 [CST]
Page 5 of 5
56 of 73
ORDINANCE SUMMARY
Hotel, Motel, and Room Tax Ordinance
The Town of Scott will be gathering public input concerning the creation of a Hotel, Motel, and Room Tax.
The intent of the ordinance is to tax the rental of lodging facilities, whether inns, motels, hotels, tourist
rooms, tourist houses, summer camps, apartment hotels, resort lodges, cabins, and any other building in
which accommodations are available to the public, except for accommodations rented for a continuous
period more than one month.
57 of 73
Chapter
Hotel, Motel, and Room Tax Ordinance
Based on 2021 Wisconsin State Statute 66.0615
12-3-134 Definitions
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Customer means any person residing for a continuous period of time less than one month in a hotel,
motel or furnished accommodation available to the public.
Gross receipts means, insofar as applicable, as defined in Wis. Stats. § 77.51(4)(a), (b) and (c).
Hotel or motel means a building or group of buildings in which the public may obtain accommodations
for a consideration including, without limitation, inns, motels, hotels, tourist rooms, tourist houses or
courts, lodging houses, rooming houses, summer camps, apartment hotels, resort lodges and cabins and
any other building in which accommodations are available to the public, except accommodations
including mobile homes as defined in Wis. Stats. § 66.0435(1)(d), rented for a continuous period of
more than one month and accommodations furnished by hospitals, sanitariums or nursing homes or by
corporations or associations organized and operated exclusively for religious, charitable or educational
purposes, provided no part of the net earnings of such corporations and associations inure to the benefit
of any private shareholder or individual.
One month means a calendar month or 30 days, whichever is less, counting the first day of the rental
and not counting the last day of the rental.
Person responsible means the sole owner of the business subject to this article; the partners if a
partnership owns the business subject to this article, the corporate president or designated general
manager or agent if a corporation owns the business subject to this article.
Transient means any person residing for a continuous period of less than one month in a hotel, motel
or other furnished accommodations available to the public.
Such other definitions as contained in s 66.0615.
12-3-135 Tax Imposed
Pursuant to Wis. Stats. § 66.0615 (1m)(a), a tax is imposed on the privilege of furnishing at retail rooms
or lodging to customers by hotelkeepers, motel operators, and other persons furnishing accommodations
that are available to the public, irrespective of whether membership is required for the use of the
accommodation. Such tax shall be at the rate of eight percent of the gross receipts from such retail
furnishing of rooms or lodging. Such tax shall be collected from the customer when the customer's bill
is paid, and shall be paid by the person responsible to the Financial Custodian as directed by the Town
clerk-treasurer on a monthly basis. Such tax shall not be subject to the selective sales tax imposed by
Wis. Stats. § 77.52(2). The proceeds of such tax shall be remitted to and received by the Financial
58 of 73
Custodian monthly on or before the 20th day of the following month.
(A)
Such tax shall be distributed as provided by resolution of the board.
12-3-136 Permit
Every person furnishing rooms or lodging under section 12-135 shall file with the clerk-treasurer an
application for each place of business. Every application shall be made upon a form prescribed by the
treasurer and shall set forth the name under which the applicant intends to transact business, location of
the place of business and such other information as the treasurer requires. The application shall be
signed by the owner, if a sole proprietor, or, if not a sole proprietor, by the person responsible who is
authorized to act on behalf of the business.
12-3-137 Tax Number
The clerk-treasurer shall issue to each applicant a separate number for each place of business within the
Town. Such number is not assignable and is valid only for the person in whose name it is issued and
for the collection of the room tax at the place designated therein.
12-3-138 Records Retention
Every person liable for the tax imposed by this article shall keep or cause to be kept such records,
receipts, invoices and other pertinent papers in such form as required by the clerk-treasurer and the
State of Wisconsin.
12-3-139 Filing Returns
(A)
Returns to be filed. Returns shall be filed with the clerk-treasurer by persons subject to section
12-135 on or before the day such tax is due and payable. The return shall show the gross receipts
from such retail furnishing of rooms or lodging of the preceding calendar month, the amount
of tax imposed and such other information as the treasurer deems necessary for administrative
purposes. An annual return shall be filed within 90 days of the close of each calendar or fiscal
year and shall contain such information as the clerk-treasurer requires to administer this section.
Each return shall be signed by the person required to file a return or an authorized agent, but
need not be verified by oath. The clerk- treasurer may for good cause extend the time of filing
any return, but not longer than 30 days from the filing date.
(B)
Failure to file. If any person required to make a return fails, neglects or refuses to do so for the
amount and in the manner, form and time prescribed herein, the clerk-treasurer, according to
their best judgment, shall determine the amount of the tax due the Town and make a doomage
assessment upon the person who fails to file and pay on a timely basis. Each person whose tax
is determined by the clerk-treasurer shall pay the amount determined plus interest at the rate of
one percent per month on the unpaid balance. No refund or modification of the payment as
determined by the clerk-treasurer may be granted until the person files a correct room tax return
and permits the clerk-treasurer or an authorized agent to inspect and audit the records of the
business required to be kept in section 12- 138.
(C)
Late filing fee. In addition to any other forfeiture provided herein, whether imposed or not, a
59 of 73
forfeiture of $100.00 shall be imposed upon and collected from any person each time such
person fails to file the return required in subsection (A) of this section on a timely basis.
12-3-140 Clerk-Treasurer's Right of Inspection, Audit, and Cure.
(A)
Whenever the clerk-treasurer has probable cause to believe that the correct amount of room tax
has not been assessed upon and collected from customers or that the tax return is not correct,
the clerk- treasurer may cause an inspection and audit of the financial records of any person
subject to section 12-135 to determine whether or not the correct amount of room tax is
assessed, collected and paid according to sections 12-135 and 12-139
(B)
If any person subject to section 12-135 fails to comply with a request by the clerk-treasurer or
an authorized agent to inspect and audit the person's financial records as in subsection (a) of
this section, such person shall be subject to a forfeiture in the amount of five percent of the tax
due the Town at the time of the audit.
(C)
If any person subject to section 12-135 fails to comply with a request by the clerk-treasurer or
an authorized agent to inspect and audit the person's financial records as in subsections (a) or
(b) of this section, such person shall be subject to any other forms of cure identified below
and as permitted under Wisconsin statutes applicable at that time.
12-3-141 Confidentiality
Information obtained under this article shall be confidential, except the clerk-treasurer may provide
information to persons using the information in the discharge of duties imposed by law, the duties of
their office, such as the duties of the office of room tax commissioner, or by order of a court. The clerktreasurer may publish statistics classified so as not to disclose the identity of particular returns. Any
person who violates any provision of this section shall forfeit not less than $100.00 nor more than
$500.00.
12-3-142 Administration and Payment of Taxes
This section shall be administered by the clerk-treasurer and the finance committee. The tax imposed
for the month is due and payable on the 20th day of the month following the collection of the tax from
the customer under section 12-135.
12-3-143 Failure to Pay Tax When Due
(A)
Forfeitures. In addition to the forfeitures provided in this chapter and the tax due under this
article, a forfeiture of 25 percent of the room tax due for the previous year under section 12135 or $5,000.00, whichever is less, shall be imposed upon any person or business that allows
the monthly tax imposed to be delinquent under this article.
(B)
Delinquent taxes. The tax imposed by this article shall become delinquent if not paid within 30
days after the due date of the return or within 30 days after the expiration of an extension prior
60 of 73
if one has been granted. If a return is filed late or there is no return filed, the due date for the
taxes imposed is the due date of the return.
(C)
Security may be required. In order to protect the revenue of the Town, the Town clerk-treasurer
shall require any person liable for the tax imposed by this section, who fails to pay the tax as
herein required, to file with the treasurer before or after the permit is issued such security not
in excess of $5,000.00 cash or a surety bond equal to the prior months tax as the Town clerk-treasurer
may refuse or revoke its permit. If any taxpayer is delinquent in the payment of the taxes imposed by
this section, the Town clerk-treasurer may, upon ten days notice and after giving the taxpayer an
opportunity to confer, recover the taxes, interest and penalties from the security or surety placed with
the Town clerk-treasurer by such taxpayer. No interest shall be paid or allowed by the Town to any
person for the deposit of such security.
-----.....,"'~
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T
Wnghtstown
EST. 1901
_,
~',ftj«d~.1
LICENSE EXPIRES EACH YEAR
of 73
(ANNUALLY)61ON
JUNE 30
Village of Wrightstown
352 High St. • Wrightstown, WI 54180
P: 920.532-5567 F: 920.532-4564
https://wrightstown.us/
$250 per additional unit
Primary (1st) STR. License #:
Short-Term Rental: Additional Unit Application
This completed application must be submitted with all other required documents & fees (paid in full) in order to be accepted.
Following submittal of complete application packet and fees, you will be contacted to schedule fire & building inspections.
Short-Term Rental (STR) Site Information
Address
Parcel ID #
Maximum Occupancy
FEIN #
WI Seller's Permit # *
State Lodging License # *
* Copies of permits/licenses must be included with application
Owner Information
Name
Address
Mailing Address ___________________________________________________________________________________________
Phone
Date of Birth
Owner is also Property Manager □ YES
□ NO (If no, complete Property Manager Information below)
Property Manager Information (if not Owner)
Name
Address
Phone
Date of Birth
Items to Submit with Application (REQUIRED AT TIME OF SUBMITTAL)
□ Copy of State of Wisconsin License for a Tourist Rooming House License issued by Brown County Public Health Division
under Wis. Stat. Sec. 254.64
□ Copy of completed State Lodging Establishment Inspection form from Brown County Public Health Division dated within
one year of the date of issuance or renewal
□ Proof of dwelling insurance
□ Copy of Seller’s Permit from the Department of Revenue
□ Floor plan and requested maximum occupancy
□ Site plan including available on-site parking
□ Completed Short Term Rental Property Manager Application (if applicable)
□ Employer identification number (FEIN) issued by the Internal Revenue Service (if applicable)
I state that I have read the foregoing answers and the same are true to the best of my knowledge. I understand that any short -term rental
license shall comply with all provisions of Wrightstown Municipal Code Chapter 123- 2A, and I hereby certify that the property meets those
requirements. I hereby additionally designate the Property Manager, if any, as an agent for the purposes of accepting service of process in
any civil action arising out of/or in conjunction with the use of this license. Wrightstown Municipal Code Chapter 123- 2A(F)(4) requires that
every applicant must disclose on his or her application for any license any and all amounts of money owed to the Village by the applicant or
the property’s prior owner. Any applicant failing to disclose such debts will not be issued a license until all debts are paid in full. I hereby
further certify that I do not have any outstanding debts owing the Village of Wrightstown.
Owner Signature:
Date:
Remit application, fees and all other required documents to:
Clerk-Treasurer, Village of Wrightstown, 352 High St., Wrightstown, WI 54180
FOR OFFICE USE ONLY
Date Received:
$250 Fee Paid: □ yes / □ no
License #:
Outstanding Debt: □ yes / □ no
Fire Inspection: □ yes / □ no
License Approved: □ yes / □ no
Clerk/Treasurer Signature:
Building Inspection: □ yes / □ no
Date:
Explanation, if denied:
Once license is received, the Property Owner or Property Manager shall notify the
Office of the Clerk-Treasurer IN WRITING when the first rental begins
--....... "'.T.
T T
Village of Wrightstown
Wnghtstg~~
352 High St. • Wrightstown, WI 54180
P: 920.532.5567 F: 920.532.4564
~t;a1t~k,1
https://wrightstown.us/
------
I
LICENSE EXPIRES EACH YEAR
(ANNUALLY) ON JUNE 30
62 of 73
TYPE
New
Renewal
FEE
$500.00
$500.00
8_________.
.....
Short-Term Rental Application
This completed application must be submitted with all other required documents & fees (paid in full) in order to be accepted.
Following submittal of complete application packet and fees, you will be contacted to schedule fire & building inspections.
Short-Term Rental (STR) Site Information
Address
Parcel ID #
Maximum Occupancy
FEIN #
WI Seller's Permit # *
State Lodging License # *
Wisconsin Tourist Rooming Houses License
* Copies of permits/licenses must be included with application
Owner Information
Name
Address
Mailing Address ____________________________________________________________________________________________
Phone
Date of Birth
Owner is also Property Manager
YES
NO (If no, complete Property Manager Information below)
Property Manager Information (if not Owner)
Name
Address
Phone
Date of Birth
Items to Submit with Application (REQUIRED AT TIME OF SUBMITTAL)
□ Copy of State of Wisconsin License for a Tourist Rooming House License issued by Brown County Public Health Division
under Wis. Stat. Sec. 254.64
□ Copy of completed State Lodging Establishment Inspection form from Brown County Public Health Division dated within
one year of the date of issuance or renewal
□ Proof of dwelling insurance
□ Copy of Seller’s Permit from the Department of Revenue
□ Floor plan and requested maximum occupancy
□ Site plan including available on-site parking
□ Completed Short Term Rental Property Manager Application (if applicable)
□ Employer identification number (FEIN) issued by the Internal Revenue Service (if applicable)
□ Property Manager Agreement (if applicable)
□ Property Manager Designation (if applicable)
I state that I have read the foregoing answers and the same are true to the best of my knowledge. I understand that any short -term rental
license shall comply with all provisions of Wrightstown Municipal Code Chapter 123-2A, and I hereby certify that the property meets those
requirements. I hereby additionally designate the Property Manager, if any, as an agent for the purposes of accepting service of process in
any civil action arising out of/or in conjunction with the use of this license. Wrightstown Municipal Code 123-2A(F)(4) requires that every
applicant must disclose on his or her application for any license any and all amounts of money owed to the Village by the applicant or the
property’s prior owner. Any applicant failing to disclose such debts will not be issued a license until all debts are paid in full. I hereby further
certify that I do not have any outstanding debts owing the Village of Wrightstown
Owner Signature:
Date:
Remit application, fees and all other required documents to:
Clerk-Treasurer, Village of Wrightstown, 352 High St., Wrightstown, WI 54180
FOR OFFICE USE ONLY
Date Received:
$500 Fee Paid: □ yes / □ no
License #:
Outstanding Debt: □ yes / □ no
Fire Inspection: □ yes / □ no
License Approved: □ yes / □ no
Clerk/Treasurer Signature:
Building Inspection: □ yes / □ no
Date:
Explanation, if denied:
Once license is received, the Property Owner or Property Manager shall notify the
Office of the Clerk-Treasurer IN WRITING when the first rental begins
63 of 73
Wrightstg~~
352 High St. • Wrightstown, WI 54180
P: 920.532.5567
F: 920.532.4564
~4 (J«dt ~,U.I
https://wrightstown.us/
-----;;:,... "':"r.
T
T
LICENSE EXPIRES EACH YEAR
(ANNUALLY) ON JUNE 30
64 of 73
TYPE
New
Renewal
~
FEE
$100.00
$100.00
Short-Term Rental: Property Manager Application
Property Manager must be on call 24/7 and reside within 25 miles of the Village of Wrightstown.
This completed application must be submitted along with all fees (paid in full)
Applicant Information
Name
Address
Mailing Address ____________________________________________________________________________________________
Date of Birth
24 HR. Phone No.
Applicant Criminal History
HAVE YOU EVER been convicted of a felony or misdemeanor of any offense involving dishonesty, fraud, deceit, robbery, the use
or threatened use of force or violence upon the person of another? □ Yes / □ No
If YES, please list all convictions below. If more space needed, please use back of this application.
Year
Offense / Conviction
Do you have any PENDING charges?
Agency
□ Yes / □ No
If YES, please list-pending charges below. If more space needed, please use back of this application.
Year
Offense / Arrest
Agency
I
I
I
I
Properties Managed (If more space needed, please include additional properties on separate page)
1. Address
Parcel ID #
Maximum Days of Occupancy __________
STR License #
Owner Name
2. Address
Parcel ID #
Maximum Days of Occupancy __________
STR License #
Owner Name
3. Address
Parcel ID #
Maximum Days of Occupancy __________
STR License #
Owner Name
4. Address
Parcel ID #
Maximum Days of Occupancy __________
STR License #
Owner Name
I state that I have read the foregoing answers and the same are true to the best of my knowledge. I understand that any short -term rental
license shall comply with all provisions of Wrightstown Municipal Code Chapter 123-2A, and I hereby certify that the properties meet
those requirements. I further acknowledge that I may be the agent for the purposes of accepting service of process in any violation of the
Wrightstown Municipal Code arising out of/or in conjunction with the use of the short-term rental licenses.
Applicant Signature:
Remit application & fees to:
Date:
Clerk-Treasurer, Village of Wrightstown, 352 High St., Wrightstown, WI 54180
FOR OFFICE USE ONLY
Date Received:
65 of 73
$100 Fee Paid:
□ yes / □ no
Criminal History Checked: □ yes / □ no Employee Initial:
License Approved: □ yes / □ no
Explanation, if denied:
Clerk/Treasurer Signature:
License #:
Chief of Public Safety Check: □ yes / □ no
Date:
Village Clerk/Treasurer must be notified in writing when additional properties are added to management
Wis. Stat. Sec. 6.0615
Room tax; forfeitures.
66 of 73
(1) In this section:
(a) “Commission" means an entity created by one municipality or by 2 or more municipalities in a zone, to coordinate
tourism promotion and tourism development for the zone.
(am) “District" has the meaning given in s. 229.41 (4m).
(4m) “District" means a special purpose district created under this subchapter.
(b) “Hotel" has the meaning given in s. 77.52 (2) (a) 1.
(bt) “Marketplace provider” has the meaning given in s. 77.51 (7i), to the extent that the marketplace provider facilitates
the sale or furnishing of rooms, lodging, or other accommodations to transients under sub. (1m) (a).
(bu) “Marketplace seller” has the meaning given in s. 77.51 (7j).
(c) “Motel" has the meaning given in s. 77.52 (2) (a) 1.
(d) “Municipality" means any city, village or town.
(de) “Occupant” means a person who rents a short-term rental through a marketplace provider.
(df) “Owner” means the person who owns the residential dwelling that has been rented.
(di) “Residential dwelling” means any building, structure, or part of the building or structure, that is used or intended to
be used as a home, residence, or sleeping place by one person or by 2 or more persons maintaining a common
household, to the exclusion of all others.
(dk) “Short-term rental” means a residential dwelling that is offered for rent for a fee and for fewer than 30 consecutive
days.
(dm) “Sponsoring municipality" means a city, village or town that creates a district either separately or in combination
with another city, village, town or county.
(e) “Tourism" means travel for recreational, business or educational purposes.
(f) “Tourism entity" means a nonprofit organization that came into existence before January 1, 2015, spends at least 51
percent of its revenues on tourism promotion and tourism development, and provides destination marketing staff and
services for the tourism industry in a municipality, except that if no such organization exists, a municipality may contract
with one of the following entities:
1. A nonprofit organization that spends at least 51 percent of its revenues on tourism promotion and tourism
development, and provides destination marketing staff and services for the tourism industry in a municipality.
2. A nonprofit organization that was incorporated before January 1, 2015, spends 100 percent of the room tax
revenue it receives from a municipality on tourism promotion and tourism development, and provides
destination marketing staff and services for the tourism industry in a municipality.
(fm) “Tourism promotion and tourism development" means any of the following that are significantly used by transient
tourists and reasonably likely to generate paid overnight stays at more than one establishment on which a tax under
sub. (1m) (a) may be imposed, that are owned by different persons and located within a municipality in which a tax
under this section is in effect; or, if the municipality has only one such establishment, reasonably likely to generate paid
overnight stays in that establishment:
1. Marketing projects, including advertising media buys, creation and distribution of printed or electronic
promotional tourist materials, or efforts to recruit conventions, sporting events, or motorcoach groups.
2. Transient tourist informational services.
3. Tangible municipal development, including a convention center.
(g) “Transient" has the meaning given in s. 77.52 (2) (a) 1.
(h) “Zone" means an area made up of 2 or more municipalities that, those municipalities agree, is a single destination as
perceived by the traveling public.
(1m)
(a) The governing body of a municipality may enact an ordinance, and a district, under par. (e), may adopt a resolution,
imposing a tax on the sales price from selling or furnishing, at retail, except sales for resale, rooms or lodging to
transients by hotelkeepers, motel operators, marketplace providers, owners of short-term rentals, and other persons or
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retailers selling or furnishing accommodations that are available to the public, irrespective of whether membership is
required for use of the accommodations. A tax imposed under this paragraph may be collected from the consumer or
user, but may not be imposed on sales to the federal government and persons listed under s. 77.54 (9a). A tax imposed
under this paragraph by a municipality shall be paid to the municipality and, with regard to any tax revenue that may not
be retained by the municipality, shall be forwarded by the municipality to a tourism entity or a commission if one is
created under par. (c), as provided in par. (d). Except as provided in par. (am), a tax imposed under this paragraph by a
municipality may not exceed 8 percent of the sales price. Except as provided in par. (am), if a tax greater than 8 percent
of the sales price under this paragraph is in effect on May 13, 1994, the municipality imposing the tax shall reduce the
tax to 8 percent, effective on June 1, 1994.
(am) A municipality that imposes a room tax under par. (a) is not subject to the limit on the maximum amount of tax
that may be imposed under that paragraph if any of the following apply:
1. The municipality is located in a county with a population of at least 380,000 and a convention center is being
constructed or renovated within that county.
2. The municipality intends to use at least 60 percent of the revenue collected from its room tax, of any room tax
that is greater than 7 percent, to fund all or part of the construction or renovation of a convention center that is
located in a county with a population of at least 380,000.
3. The municipality is located in a county with a population of less than 380,000 and that county is not adjacent
to a county with a population of at least 380,000, and the municipality is constructing a convention center or
making improvements to an existing convention center.
4. The municipality has any long-term debt outstanding with which it financed any part of the construction or
renovation of a convention center.
(b)
1. If a single municipality imposes a room tax under par. (a), the municipality may create a commission under
par. (c). The commission shall contract with another organization to perform the functions of a tourism entity if
no tourism entity exists in that municipality.
2. If 2 or more municipalities in a zone impose a room tax under par. (a), the municipalities shall enter into a
contract under s. 66.0301 to create a commission under par. (c). If no tourism entity exists in any of the
municipalities in the zone that have formed a commission, the commission shall contract with another
organization in the zone to perform the functions of the tourism entity. Each municipality in a single zone that
imposes a room tax shall levy the same percentage of tax. If the municipalities are unable to agree on the
percentage of tax for the zone, the commission shall set the percentage.
3. A commission shall monitor the collection of room taxes from each municipality in a zone that has a room tax.
4. A commission shall contract with one tourism entity from the municipalities in the zone to obtain staff,
support services and assistance in developing and implementing programs to promote the zone to visitors.
(c)
1. If a commission is created by a single municipality, the commission shall consist of 4 to 6 members. One of the
commission members shall represent the Wisconsin hotel and motel industry. Members shall be appointed
under subd. 3.
2.
a. If the commission is created by more than one municipality in a zone, the commission shall consist of 3
members from each municipality in which annual tax collections exceed $1,000,000, 2 members from each
municipality in which annual tax collections exceed $300,000 but are not more than $1,000,000 and one
member from each municipality in which annual tax collections are $300,000 or less. Except as provided in
subd. 2. b., members shall be appointed under subd. 3.
b. Two additional members, who represent the Wisconsin hotel and motel industry, shall be appointed to the
commission by the chairperson of the commission, shall serve for a one-year term at the pleasure of the
chairperson and may be reappointed.
3. Members of the commission shall be appointed by the principal elected official in the municipality and shall
be confirmed by a majority vote of the members of the municipality's governing body who are present when the
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vote is taken. Commissioners shall serve for a one-year term, at the pleasure of the app
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