A.
No person, firm or corporation shall vend, sell, deal or traffic
in or have in their possession with intent to vend, sell, deal or
traffic in or, for the purpose of evading any law or ordinance, give
away any intoxicating liquor or fermented malt beverage in any quantity
whatever, or cause the same to be done, without having procured a
license as provided in this chapter nor without complying with all
the provisions of this chapter, and all statutes and regulations applicable
thereto, except as provided by §§ 125.16, 125.27, 125.28
and 125.51, Wis. Stats.
B.
A license shall be required for each stand, place, room or enclosure,
or for each suite of rooms or enclosures which are in direct connection
or communication to each other where intoxicating liquor or fermented
malt beverage is kept, sold or offered for sale, and no license shall
be issued to any person, firm or corporation for the purpose of possession,
selling or offering for sale any intoxicated liquor or fermented malt
beverage in any dwelling, house, flat or residential apartment.
A.
Retail "Class A" liquor license. A Retail "Class A"
liquor license, when issued by the City Clerk under the authority
of the Common Council, shall permit its holder to sell, deal and traffic
in intoxicating liquors only in original packages or containers and
to be consumed off the premises so licensed. Nail and hair salons,
barbershops, spas, bridal preparation services and similar establishments
may obtain a "Class A" license for the purpose of offering samples
as allowed under Wisconsin Statutes.
[Amended 11-9-2021 by Ord. No. 1717-2021]
B.
Retail "Class B" liquor license. A Retail "Class B"
liquor license, when issued by the City Clerk under authority of the
Common Council, shall permit its holder to sell, deal and traffic
in intoxicating liquors to be consumed by the glass only on the premises
so licensed or off the premises if the licensee seals the container
of intoxicating liquor with a tamper-evident seal before the intoxicating
liquor is removed from the premises. The "Class B" license also authorizes
the sale of intoxicating liquor in the original package or container,
in any quantity, to be consumed off the premises. The City elects
to come under the provisions of § 125.51(3)(b), Wis. Stats.
[Amended 6-8-2021 by Ord.
No. 1708-2021]
C.
Class "A" fermented malt beverage retailer's license. A Class "A" retailer's fermented malt beverage license, when issued
by the City Clerk under the authority of the Common Council, shall
entitle the holder thereof to possess, sell or offer for sale fermented
malt beverages only for consumption away from the premises where sold
and in the original packages, containers or bottles. Nail and hair
salons, barbershops, spas, bridal preparation services and similar
establishments may obtain a "Class A" license for the purpose of offering
samples as allowed under Wisconsin Statutes.
[Amended 11-9-2021 by Ord. No. 1717-2021]
D.
Class "B" fermented malt beverage retailer's license. A Class "B" fermented malt beverage retailer's license, when issued
by the City Clerk under the authority of the Common Council, shall
entitle the holder thereof to possess, sell or offer for sale, fermented
malt beverages, either to be consumed upon the premises where sold
or away from such premises. The holder may also sell beverages containing
less than 1/2 of a percentum of alcohol by volume, without obtaining
a special license to sell such beverages.
E.
Class B outdoor venue license. A Class B outdoor venue
license, when issued by the City Clerk under authority of the Common
Council, as provided for in § 125.26, Wis. Stats., shall
entitle the holder of a "Class B" intoxicating liquor license or a
Class ''B" fermented malt beverage retailer's license to keep, maintain,
conduct or operate any outdoor venue. All requirements set forth in
Section 7.05.51 must be satisfied prior to a Class B outdoor venue
license being issued.
F.
Temporary Class "B" fermented malt beverage or wine license.
1.
License. A temporary Class "B" fermented malt beverage
or wine license, when issued by the City Clerk under authority of
the Common Council, as provided for in §§ 125.26(6)
and 125.51(10), Wis. Stats., shall entitle the holder thereof to possess,
sell or offer for sale fermented malt beverages, wine or both at a
particular picnic, post meeting, fair or similar gathering. Such license
may be issued only to bona fide clubs, state, county or local fairs,
chambers of commerce, associations or agricultural societies, lodges
or societies that have been in existence for not less than six months
prior to the date of application for such license or to posts of ex-servicemen's
organizations now or hereafter established. Such license is valid
for dates as approved by the Common Council. Irrespective of other
sections of this chapter, the Common Council is hereby authorized
to issue a fermented malt beverage or wine license to any local civic,
or any local religious or any local not-for-profit organization pursuant
to this section.
2.
Application. Application for such license shall be signed
by the president or corresponding officer of the organization making
such application and shall be filed with the office of the City Clerk,
together with the appropriate license fee as set forth on the City
of Onalaska Fee Schedule. Such application shall clearly specify whether
the application is for fermented malt beverages, wine or both. Any
person fronting for any group other than the one applied for shall,
upon conviction thereof, be subject to a fine of $200, plus costs,
and will be ineligible to apply for a Special Class "B" license for
one year. The license shall specify the hours and dates of license
validity. The application for an event lasting more than four days
shall be filed a minimum of 15 days prior to the meeting of the Common
Council at which the application will be considered. The application
for an event lasting four days or less shall be filed a minimum of
five days prior to the meeting of the Common Council at which the
application will be considered. If the application is for a license
to be used in a City park, the applicant shall specify the main point-of-sale
facility.
3.
Issuance. Any license under this subsection may be issued
directly by the City Clerk without approval of the Common Council
in the event that the City Clerk determines that all criteria for
the issuance of such license are met and the person or entity seeking
such license has previously been issued a temporary Class "B" fermented
malt beverage or wine license by the City of Onalaska within three
years prior to the date of application for the current license. In
the event such person or entity has not previously been issued a license
as set forth hereunder, the application for the license currently
being sought must be approved by the Common Council before issuance.
G.
Wholesaler's license. A wholesaler's fermented malt
beverage license, when issued by the City Clerk under authority of
the Common Council, shall entitle the holder thereof to possess, sell
or offer for sale fermented malt beverages only in original packages
or containers to dealers, not to be consumed in or about the premises
of said wholesaler.
H.
Retail "Class C" wine license. A retail "Class C" wine
license, when issued by the City Clerk under the authority of the
Common Council, shall permit its holder to sell, deal, and traffic
in wine to be consumed by the glass or in an opened original container
for consumption on the premises where sold.
A.
There shall be the following classes and denominations of licenses
which, when issued by the City Clerk under the authority of the Common
Council after payment of the required fee as set forth in the City
of Onalaska Fee Schedule shall permit the holder to sell, deal or
traffic in intoxicating liquors or fermented malt beverages as provided
in §§ 125.04(5) and (6); 125.28(1)(a), (b), and (d);
125.28(2); 125.31(2)(a);[1] 125.22(1), (2), and (4);[2] 125.32(4)(a);[3] 125.31(2)(b); 125.26(2); 125.04(6); 125.17; 125.68(2);
125.32(2); 125.51(2); 125.51(3); and/or 125.57,[4] Wis. Stats. All licenses shall be reviewed annually unless
otherwise indicated:
1.
Retail "Class A" liquor license.
2.
Retail "Class B" liquor license. New applications for
retail "Class B" intoxicating liquor licenses shall first be reviewed
to see if any Non-Reserve "Class B" intoxicating liquor licenses are
available; if there are no Non-Reserve "Class "B" intoxicating liquor
licenses available, applicant will then be reviewed for a Reserve
"Class B" intoxicating liquor license. Reserve "Class B" intoxicating
liquor license-initial/one time fee shall be as set forth on the City
of Onalaska Fee Schedule. Club licenses as defined in Wisconsin Statutes
shall be issued for as set forth on the City of Onalaska Fee Schedule.
3.
Class "A" fermented malt beverage retailer's license.
4.
Class "B" fermented malt beverage retailer's license. A fee as set forth on the City of Onalaska Fee Schedule or for licenses
issued for less than 12 months, the fee shall be prorated according
to the number of months or fraction thereof for which the license
is issued. Class "B" fermented malt beverage retailer's License for
brewers shall be pursuant to §§ 125.31(1)(a)[5] and 125.06(1), Wis. Stats.
[5]
Editor's Note: Said § 125.31, Wis. Stats., was repealed
7-1-2011 by 2011 Act 32, § 2604ge.
5.
Special Class "B" fermented malt beverage retailer's license. To be reviewed per event and accompanied by such fee as set forth
on the City of Onalaska Fee Schedule. Three-day fermented malt beverage
licenses may be issued to bona fide clubs, chambers of commerce, lodges
or societies which have been in existence for more than six months
or to organizations of ex-military service personnel, authorizing
them to sell fermented malt beverages at a particular picnic, gathering
or meeting.
6.
Wholesaler's license.
7.
Retail "Class C" wine license. A fee as set forth on
the City of Onalaska Fee Schedule or 3/4 of that amount for a period
of six months or less, to be reviewed annually.
[1]
Editor's Note: Said § 125.31, Wis. Stats., was repealed
7-1-2011 by 2011 Act 32, § 2604ge.
[2]
Editor's Note: Section 125.22, Wis. Stats., does not exist.
[3]
Editor's Note: Section 125.32, Wis. Stats., was repealed by
1989 Act 253.
[4]
Editor's Note: Said § 125.57, Wis. Stats., was repealed
7-1-1990 by 1989 Act 253, § 82.
A.
All retail "Class A," Class "A," "Class B" and Class "B" licenses
granted hereunder shall be subject to the following conditions, and
all other conditions of this section, other ordinances and regulations
of the City applicable thereto:
1.
Consent to entry. Every applicant procuring a license
thereby consents to the entry of police or other duly authorized representatives
of the City at all reasonable hours for the purpose of inspection
and search, and consents to the removal from said premises of all
things and articles there had in violation of City ordinances or state
laws, and consents to the introduction of such things and articles
in evidence in any prosecution that may be brought for such offenses.
2.
Employment of minors. No retail "Class B" or Class "B"
licenses shall employ any underage person, as defined in the Wisconsin
Statutes, but this shall not apply to hotels and restaurants. Family
members may work on the licensed premises but are not permitted to
sell or dispense alcohol beverages.
3.
Licensed operator on premises. There shall be upon premises
operated under a "Class B" or Class "B" license, at all times, the
licensee, members of the licensee's immediate family who have attained
the legal drinking age, and/or some person who shall have an operator's
license and who shall be responsible for the acts of all persons serving
as waiters, or in any other manner, any fermented malt beverages to
customers. No person other than the licensee shall serve fermented
malt beverages in any place operated under a "Class B" or Class "B"
license unless they possess an operator's license or there is a person
with an operator's license upon said premises at the time of such
service.
4.
Health and sanitation regulations. The rules and regulations
of the State Board of Health governing sanitation in restaurants shall
apply to all "Class B" or Class "B" liquor licenses issued under this
chapter. No "Class B" or Class "B" license shall be issued unless
the premises to be licensed conform to such rules and regulations.
5.
Credit prohibited. No retail "Class A," Class "A," "Class
B" or Class "B" liquor or fermented malt beverage licensee shall sell
or offer for sale any alcohol beverage to any person or persons by
extending credit, except hotel credit extended to a resident guest
or a club to a bona fide member. It shall be unlawful for such licensee
or permittee to sell alcohol beverages to any person on a passbook
or store order or to receive from any person any goods, ware, merchandise
or other articles in exchange for alcohol beverages.
6.
Licensee or permittee responsible for acts of help. A
violation of this chapter by a duly authorized agent or employee of
a licensee or permittee under this chapter shall constitute a violation
by the licensee or permittee. Whenever any licensee or permittee under
this chapter shall violate any portion of this chapter, proceedings
for the suspension or revocation of the license or permit of the holder
thereof may be instituted in the manner prescribed in this chapter.
A.
Closing hours shall be established in conformance with § 125.32(3),
Wis. Stats., and further restricted as follows:
1.
"Class B" or Class "B" licenses.
a.
No premises for which a retail "Class B" or Class "B" license
has been issued shall be permitted to remain open between the hours
of 2:00 a.m. and 6:00 a.m. Monday through Friday, and 2:30 a.m. and
6:00 a.m. Saturday and Sunday except that on the Sunday that daylight
saving begins as specified under § 175.095(2), Wis. Stats.
the closing hours shall be between 3:30 a.m. and 6:00 a.m. There shall
be no closing hours on January 1.
b.
Hotels and restaurants whose principal business is the furnishing
of food or lodging to patrons shall be permitted to remain open for
the conduct of their regular business but shall not sell liquor or
malt beverages during the closing hours of Subsection A(1)(a) above.
c.
The licensee or permittee, and one employee, shall be permitted
to check out receipts, check the licensed premises for security and
do minor cleaning after closing hours. Under no circumstances shall
the consumption of alcohol beverages be permitted after closing hours.
Commercial janitorial service personnel shall be allowed to enter
the licensed premises for the purpose of cleaning during closed hours.
The premises shall be well-lighted during cleanup. Prior approval
must be requested and granted by the Chief of Police or their designee
for any variance of the above exigent circumstances.
2.
"Class A" or Class "A" licenses. "Class A" or Class
"A" licensed premises may not remain open for the sale of liquor between
9:00 p.m. and 8:00 a.m.
