[Adopted 8-15-2005 by Ord. No. 2005-06 as §§ 12.03
and 12.09 of the 2005 Code]
The provisions of Ch. 125, Wis. Stats., including all subsequent
revisions and amendments thereto, defining and regulating the sale,
procurement, dispensing and transfer of alcohol beverages, including
provisions relating to minors and persons under the legal drinking
age, are adopted and made a part of this article by reference. A violation
of any of such provisions shall constitute a violation of this article.
The following classes and denominations of licenses may be issued by the City Clerk/Treasurer under the authority of the Council upon compliance with law and payment of the fee specified in §
290-1, which when so issued shall permit the holder to sell, deal or traffic in alcohol beverages as provided in the referenced state statute. Except as otherwise provided in this article, the full license fee shall be charged for the whole or fraction of any year.
A. Class "A" beer license. See § 125.25, Wis. Stats.
B. Class "B" beer license. See § 125.26, Wis. Stats.
C. Retail "Class A" liquor license. See § 125.51(2)(d), Wis.
Stats.
D. Retail "Class B" liquor license. A retail "Class B" liquor license
shall permit its holder to sell liquor in original packages or containers
in multiples not to exceed four liters at any one time to be consumed
off the licensed premises. See § 125.51(3), Wis. Stats.
E. "Class B" reserve liquor license. See § 125.51(3)(e), Wis.
Stats.
F. "Class C" wine. See § 125.51(3m)(e), Wis. Stats.
G. Provisional Class "A" beer, "Class A" liquor, Class "B" beer, "Class
A" liquor and "Class C" wine. See § 125.185(3), Wis. Stats.
Provisional licenses may be granted by the City Clerk/Treasurer to
applicants for a Class "A," Class "B," "Class A," "Class B" or "Class
C" license and authorizes only the activities that the type of retail
license applied for authorizes. A provisional retail license expires
60 days after its issuance or when the Class "A," Class "B," "Class
A," "Class B" or "Class C" license is issued to the holder, whichever
is sooner. The Clerk/Treasurer may not grant a provisional license
to any applicant who has been turned down for a retail alcohol license.
[Amended 5-19-2008 by Ord. No. 2008-02]
H. Six-month licenses. One-half of the annual fee for "Class A" liquor
or "Class B" liquor and Class "B" beer. See §§ 125.51(9)(b)
and 125.26(5), Wis. Stats. [Note: There is no provision for the issuance
of a Class "A" beer license for six months. However, a license may
be issued for the balance of the year; see the next item. See §§ 125.25(1),
125.26(1) and 125.51(9)(a), Wis. Stats.]
[Amended 11-17-2014 by Ord. No. 2014-05]
I. Temporary Class "B" (picnic) beer license and a temporary "Class
B" (picnic) wine license. See §§ 125.26(6) and 125.51(10),
Wis. Stats. Temporary licenses may be granted by the City Clerk/Treasurer
to applicants for a Class "B" and "Class B" license, if the applicant
has applied for and appears to meet all criteria for the issuance
of a temporary Class "B" and "Class B" license.
[Amended 5-19-2008 by Ord. No. 2008-02]
J. Operator's license. See § 125.17, Wis. Stats.
(1) Operator's licenses may be granted to individuals by the City Clerk/Treasurer
for the purposes of complying with §§ 125.32(2) and
125.68(2), Wis. Stats.
[Amended 6-15-2020 by Ord. No. 2020-09]
(2) Operator's licenses may be issued only on written application on
forms provided by the Clerk/Treasurer.
(3) Provisional licenses may be granted by the City Clerk/Treasurer to
individuals for a period of 60 days, if the individual has applied
for and appears to meet all criteria for the issuance of an operator's
license. The Clerk/Treasurer may not grant a provisional license to
any person who has been turned down for an operator's license. The
Clerk/Treasurer shall collect a fee as provided in the City's Fee
Schedule at the time of granting the provisional license.
[Amended 11-17-2014 by Ord. No. 2014-05]
(4) Temporary operator's licenses pursuant to § 125.17(4),
Wis. Stats. Temporary licenses may be granted by the City Clerk/Treasurer
to individuals only once a year and for any period from one to 14
days, if the applicant has applied for and appears to meet all criteria
for the issuance of a temporary operator's license. The Clerk/Treasurer
shall collect a fee as provided in the City's Fee Schedule at the
time of granting the temporary license.
[Amended 5-19-2008 by Ord. No. 2008-02; 11-17-2014 by Ord. No. 2014-05]
License fees paid into the local treasury will not be refunded.
A municipality is not required to refund a portion of the fees when
a license is surrendered, except as set forth in § 290-2C.
All licenses shall be numbered in the order in which they are
issued and shall state clearly the specific premises for which granted,
the date of issuance, the fee paid and the name of the licensee and,
unless sooner revoked, shall expire on June 30 thereafter except as
otherwise provided by law. The City Clerk/Treasurer shall affix his
or her seal as required by Ch. 125, Wis. Stats.
Every license or permit required under this article shall be
framed and posted and at all times displayed as provided in § 125.04(10),
Wis. Stats. No person shall post such license or permit any other
person to post it upon premises other than those mentioned in the
application, or knowingly deface or destroy such license.
Before renewal of any license issued under this article is refused,
the licensee shall be given written notice of any charges or violations
or the reasons proposed for nonrenewal and a copy of any proposed
motion for nonrenewal and shall have an opportunity to be heard before
the Council.
A violation of this article by an authorized agent or employee
of a licensee shall constitute a violation by the licensee.
Except as otherwise specifically provided in this article, any person found to be in violation of any provision of this article shall be subject to a penalty as provided in §
1-4 of this Municipal Code. Such penalty may be in addition to the revocation, suspension or nonrenewal of any license or permit issued under the provisions of this article.
[Adopted 8-15-2005 by Ord. No. 2005-06 as §§ 9.16
and 9.30(1) of the 2005 Code]
No person shall possess any open container of alcohol beverage
or consume any alcohol beverage on any street, sidewalk, municipal
parking lot or other parking lot held out for public use unless such
use is approved by and the responsible parties granted appropriate
license by the Common Council.
Except as otherwise provided in this article, any person who shall violate any provision of this article shall be subject to a penalty as provided in §
1-4 of this Municipal Code.