— The timing couldn’t have been better for one of Cedarburg’s newest
restaurants to receive a unique agreement that exemplifies an
evolution that’s occurring as the city bridges the past with the
“This agreement is sort of a creative approach to the issue,” said
City Attorney Mike Herbrand to the Common Council Monday night in
regards to the outdoor alcoholic beverage license application
submitted by Rhiannon and Andrew Wilson, owners of Brandywine, W61
N480 Washington Ave.
Herbrand noted that due to the age of the buildings in the downtown
historic district, it can be challenging to figure out where private
property ends and the public right of way starts. To try to
determine this, many locations would require a new survey to be
completed, which is an expensive proposition.
“We don’t exactly know,” Herbrand said. “We don’t know if
(Brandywine) service will occur on their property or if it will
infringe on the public right of way. What this agreement does is
With this approval, the Wilsons will now be able to set up three
tables on the south side of their building and five tables at the
front. The issue encountered during their application process was
that servers could potentially be taking and serving alcoholic
beverages into the public right of way, which is prohibited in the
city by ordinance, except under certain circumstances, such as
“If we don’t actually know where that line is, are we liable if
something happens?” asked Council Member Rick Verhaalen.
Herbrand said that the agreement addressed that issue.
“By the terms, they will be insuring the right of way space and
indemnifying us,” he said of the city. “They still have to follow
the liquor licensing rules, too.”
The matter had been discussed at the Plan Commission level on
multiple occasions, the Landmarks Commission and had been reviewed
by both the chief of police and the city engineer before reaching
the Common Council for approval, where it passed unanimously.
The first year of the agreement will run through Dec. 31, 2018, at
which time the Wilsons can reapply for another year. Council members
briefly discussed making the application valid for an entire
12-month period starting on Monday, but decided that because we are
in prime outdoor dining season, it made more sense to do it on a
calendar-year basis. This would also allow the applicants to address
any possible concerns brought to the Common Council without having
to suspend their outdoor dining during the process.
“I can’t see there being a lot of outdoor diners in January,”
Herbrand said. “Only the strongest of the strong would be doing
While Brandywine opened with a limited menu during Strawberry
Festival, Andrew Wilson noted later in the meeting that they would
be fully open this weekend for business.
<<EARLIER: Brandywine outdoor seating hits snag