City of Burlington, WI
Racine County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Burlington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements and special events — See Ch. 100.
Drugs and drug paraphernalia — See Ch. 135.
Licenses and permits — See Ch. 196.
Minors — See Ch. 211.
Nonintoxicating beverages — See Ch. 223.
Parks and public areas — See Ch. 234.
[Adopted 1-5-1988 by Ord. No. 1203(25) as §§ 9.30 and 9.40 of the 1988 Code]

§ 187-1 Open containers.

No person shall have in his possession on any public street, sidewalk or alley, or municipal parking lot, or on or in any motor vehicle on a public street, sidewalk or alley, any open container of fermented malt beverages or intoxicating liquor.

§ 187-2 Parks.

No person shall have in his possession or consume in any City park any fermented malt beverages or intoxicating liquor, except with the permission of the Supervisor of Streets and Parks or the Park Board.

§ 187-3 Public places.

[Added 6-6-1989 by Ord. No. 1263(9)]
No person shall have in his possession or consume any fermented malt beverage or intoxicating liquor in any public place, unless the owner, lessee or person in charge of such public place has an appropriate retail license or permit. This section does not apply to municipalities, buildings and parks owned by counties, regularly established athletic fields and stadiums, school buildings, churches, premises in a state fair park or clubs.

§ 187-3.1 Minors under influence in public places.

[Added 11-7-2012 by Ord. No. 1957(11)]
A. 
No person under the age of 21 years shall have an alcohol concentration in his/her blood while:
(1) 
On a public street, sidewalk, alley, or a parking lot (whether publicly or privately owned) that is open to the public; or
(2) 
On or in any motor vehicle on a public street, sidewalk, alley, or a parking lot (whether publicly or privately owned) that is open to the public.
B. 
This prohibition shall not apply, however, to a person under the age of 21 years who is accompanied by a parent, guardian, or spouse who is 21 years of age or older.

§ 187-4 Violations and penalties.

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 Chapter 1, § 1-4, of this Municipal Code.
[Adopted 1-5-1988 by Ord. No. 1203(25) as §§ 12.04 and 12.30 of the 1988 Code]

§ 187-5 State statutes adopted.

The provisions of Ch. 125, Wis. Stats., defining and regulating the sale, procurement, dispensing, consumption and transfer of alcohol beverages, including provisions relating to the penalty to be imposed or the punishment for violation of such statutes, are adopted and made a part of this article by reference. A violation of any such provisions shall constitute a violation of this article.

§ 187-6 General provisions.

A. 
When required. Except as provided by § 125.06, Wis. Stats., no person shall, within the City, serve, sell, manufacture, rectify, brew or engage in any other activity for which this article or Ch. 125, Wis. Stats., requires a license, permit or other authorization without holding the appropriate license, permit or other authorization as provided in this article. See § 125.04(1), Wis. Stats.
B. 
Separate license required for each place of sale. Except for licensed public warehouses, a license shall be required for each location or premises which is in direct connection or communication with each other where alcohol beverages are stored, sold or offered for sale. See § 125.04(9), Wis. Stats.

§ 187-7 Classes of licenses and fees.

The following classes and denominations of licenses may be issued by the Clerk under the authority of the Common Council after payment of the fee as set by the Common Council,[1] which, when so issued, shall permit the holder to sell, deal or traffic in alcohol beverages as provided in §§ 125.17, 125.25, 125.26, 125.28 and 125.51, Wis. Stats. Except as otherwise provided in this section, the full license fee shall be charged for the whole or fraction of any year.
A. 
Class "A" fermented malt beverage retailer's license. See § 125.25, Wis. Stats. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.
[Amended 5-5-1993 by Ord. No. 1431(3)[2]]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Class "B" fermented malt beverage retailer's license. See § 125.26, Wis. Stats. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.[3]
(1) 
Six months. A license may be issued at any time for six months in any calendar year, for which 50% of the applicable license fee shall be paid, but such license shall not be renewable during the calendar year in which issued. See § 125.26(5), Wis. Stats.
(2) 
Temporary (special gathering or picnic). See § 125.26(6), Wis. Stats. An application for a temporary license must be submitted to the Clerk at least 10 days prior to the event and, upon approval by the Police Department, may be issued by the Clerk without Common Council approval.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Wholesaler's fermented malt beverage license. See § 125.28, Wis. Stats.
D. 
Retail "Class A" liquor license. See § 125.51(2), Wis. Stats.
E. 
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. Wine may be sold in original packages or otherwise in any quantity to be consumed off the premises. See § 125.51(3), Wis. Stats.[4]
(1) 
A license may be issued after July 1 in any license year which shall expire on the following June 30. The fee for the license shall be prorated according to the number of months or fraction thereof remaining until the following June 30.
(2) 
Licenses valid for six months may be issued at any time. The fee for such license shall be 50% of the annual license fee. The license may not be renewed during the calendar year in which issued. See § 125.51(9)(b), Wis. Stats.
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Operators. See § 125.17, Wis. Stats.
(1) 
Operators' licenses may be granted to individuals by the Common Council for the purposes of complying with §§ 125.32(2) and 125.68(2), Wis. Stats.
(2) 
Operators' licenses may be issued only on written application on forms provided by the Clerk.
(3) 
Operators' licenses shall be valid for one year and shall expire on June 30 of each year.
(4) 
Provisional operator's license. A provisional license may be issued by the City Clerk only to a person who has applied for an operator's license. A provisional license may not be issued to any person who has been denied a license by the Common Council. A provisional license expires 60 days after its issuance or when a regular operator's license is issued to the holder, whichever is sooner.
[Added 7-6-1993 by Ord. No. 1441(13); amended 5-3-1994 by Ord. No. 1471(2)[5]]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(5) 
Temporary operator's license. A temporary license may be issued only to operators employed by or donating their services to nonprofit corporations. No person may hold more than one license of this kind per year. The license is valid for any period from one to 14 days, and the period for which it is valid shall be stated on the license.
[Added 7-6-1993 by Ord. No. 1441(13)]
G. 
Retail "Class C" wine license. A retail "Class C" wine license shall permit its holder to sell wine by the glass or in an unopened original container for consumption on the premises where sold.
[Added 12-3-1991 by Ord. No. 1364(32)]
H. 
Reserve "Class B" liquor licenses. The fee for issuance of a reserve liquor license shall be as set by the Common Council. This fee shall be in addition to the annual fees as set out above. The provisions of § 125.51, Wis. Stats., are applicable to the transfer of these licenses.
[Added 11-21-2000 by Ord. No. 1643(47)]
[1]
Editor's Note: See Fee Schedule on file at the City Clerk's office.

§ 187-8 License application.

A. 
Form. Application for a license to sell or deal in intoxicating liquor or fermented malt beverages shall be made in writing on forms prescribed by the Wisconsin Department of Revenue, or governing body for operators' licenses, and filed with the Common Council. The premises shall be physically described, including every room and storage space to be covered by the license and including all rooms joined by connecting entrances or not separated by a solid wall.
B. 
Application to be notarized. The application shall be signed and sworn to by the applicant as provided by § 887.01, Wis. Stats.
C. 
List of licensees. The Clerk shall forward such information regarding licensees to the state as may be required by statute or rule.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Investigation. Submission of an application shall constitute consent to a background investigation by the City. All applicants shall be investigated by the Police Department, and the results of said investigation shall be forwarded to the Clerk.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 187-9 License restrictions.

A. 
Statutory requirements. Licenses shall be issued only to persons eligible therefor under § 125.04, Wis. Stats.
B. 
Location.
(1) 
No retail "Class A" or "Class B" license shall be issued for premises the main entrance of which is less than 300 feet from the main entrance of any established public school, parochial school, hospital or church. Such distance shall be measured by the shortest route along the highway from the closest point of the main entrance of such school, church or hospital to the main entrance to the premises covered by the license.
(2) 
This Subsection B shall not apply to premises licensed as such on June 30, 1947, nor shall it apply to any premises licensed as such prior to the occupation of real property within 300 feet thereof by any school, hospital or church building.
C. 
Violators of liquor or beer laws or ordinances. No retail Class A or B license shall be issued to any person who has been convicted of a violation of any federal or state liquor or fermented malt beverage law or the provisions of this article, or whose license has been revoked under § 125.12, Wis. Stats., during one year prior to such application. A conviction of a member of a partnership or the partnership itself shall make the partnership or any member thereof ineligible for such license for one year.
D. 
Health and sanitation requirements. No retail "Class B" or "Class C" license shall be issued for any premises which does not conform to the sanitary, safety and health requirements of the State Department of Commerce pertaining to buildings and plumbing, to the rules and regulations of the State Department of Health and Family Services applicable to restaurants and to all such ordinances and regulations adopted by the Common Council.
[Amended 11-18-2003 by Ord. No. 1740(20)]
E. 
License quota. The number of persons and places that may be granted a retail "Class B" liquor license under this article is limited as provided in § 125.51(4), Wis. Stats.
F. 
Corporations. No corporation organized under the laws of this state, any other state or foreign country may be issued any alcohol beverage license or permit unless such corporation meets the requirements of § 125.04(6), Wis. Stats.
G. 
Age requirement. No license hereunder, except an operator's license, shall be granted to any person who has not attained the legal drinking age. Operators' licenses may be issued only to applicants who have attained the age of 18.
[Amended 11-18-2003 by Ord. No. 1740(20)]
H. 
Effect of revocation of license. Whenever any license has been revoked, at least six months from the time of such revocation shall elapse before another license shall be granted for the same premises, and 12 months shall elapse before another license shall be granted to the person whose license was revoked.
I. 
Delinquent taxes, assessments and claims. No license shall be granted for any premises for which taxes, assessments or other claims of the City are delinquent and unpaid, or to any person delinquent in payment of such claims, including unpaid forfeiture judgments, to the City.
J. 
Issuance for sales in dwellings prohibited. No license shall be issued to any person for the purpose of possessing, selling or offering for sale any alcohol beverages in any dwelling house, flat or residential apartment.
K. 
No "Class B" fermented malt beverage retailer’s license, and/or retail "Class B" liquor license, and/or retail "Class C" wine license, and/or reserve "Class B" liquor license shall be issued to any applicant unless, among any other required qualifications, the applicant, within 90 days of the issuance of the license, conducts an active retail business that is open to the public (and thereafter continues to conduct an active retail business open to the public) on the premises for which the license is issued. If the requested license is issued to the applicant, and if the applicant fails to timely comply with the provisions of this Subsection K, then the City may take steps, should it so elect, to revoke and/or fail to renew the said license.
[Added 2-18-2014 by Ord. No. 1977(1)]

§ 187-10 Form and expiration of licenses.

[Amended 11-18-2003 by Ord. No. 1740(20)]
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 Clerk shall affix his or her affidavit.

§ 187-11 Transfer of licenses.

A. 
As to person. No license shall be transferable as to licensee except as provided by § 125.04(12), Wis. Stats.
B. 
As to place. Licenses issued pursuant to this article may be transferred to another premises once during any license year as provided in § 125.04(12), Wis. Stats. Application for such transfer shall be made on blanks furnished by the State Department of Revenue. Proceedings for transfer shall be had in the same manner and form as the original application.

§ 187-12 Posting and care of licenses.

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.

§ 187-13 Regulation of licensed premises and licensees.

A. 
Gambling and disorderly conduct prohibited. Each licensed and permitted premises shall, at all times, be conducted in an orderly manner, and no disorderly, riotous or indecent conduct or gambling (except as provided by state law) shall be allowed at any time on any such premises.
B. 
Employment of underage persons. No licensee shall employ any underage person who does not have a valid operator's license to serve, sell, dispense or give away any alcohol beverage.
C. 
Sales by clubs. No club shall sell intoxicating liquors or fermented malt beverages except to members and guests invited by members.
D. 
Safety and sanitation requirements. Each licensed premises shall be maintained and conducted in a sanitary manner and shall be a safe and proper place for the purpose for which used.
E. 
Underage persons. The provisions of §§ 125.07(1) and (4)(a), (b) and (bm), 125.085(3)(b) and 125.09(2), Wis. Stats., regulating underage persons, are adopted in their entirety, inclusive of the penalties provided therein. In addition to those provisions:
[Added 8-2-1988 by Ord. No. 1219(12); amended 11-18-2003 by Ord. No. 1740(20)]
(1) 
No underage person shall enter, remain or loiter in any public or private place, with the exception of any premises for which a license or permit for the retail sale of alcohol beverages has been issued, where any fermented malt beverage or other alcohol beverage is sold, dispensed, given away or made available to underage persons, unless accompanied by a parent, guardian or spouse who has attained the legal drinking age.
(2) 
No person of legal drinking age shall suffer or permit any underage person to enter, remain or loiter in any premises, public or private, where fermented malt beverages or other alcohol beverages are served, sold, dispensed, given away or made available to underage persons, except any premises for which a license or permit for the retail sale of alcohol beverages has been issued, unless such underage person is accompanied by a parent, guardian or spouse who has attained the legal drinking age.
F. 
Keg registration.
[Added 2-20-2008 by Ord. No. 1846(19); amended 12-2-2008 by Ord. No. 1875(17)[1]]
(1) 
Definitions. For the purposes of this subsection, the following definitions shall apply:
KEG
Any container capable of holding two or more gallons of fermented malt beverage (beer), which is designed to dispense fermented malt beverage directly from the container for purposes of consumption.
TAG
Any tamper-proof tag, seal, sticker, or device approved by the City of Burlington which is designed to be affixed to a keg and which displays a registration number and such other information as may be required by the City.
(2) 
Purpose. The identification of purchasers/providers of kegs of fermented malt beverages for consumption by underage persons is a major law enforcement concern in the City of Burlington. When kegs are found where underage persons are present, it is necessary to readily identify those responsible. The investigation of offenses involving the furnishing of alcohol to minors and related offenses involving kegs is inhibited by the inability to identify who purchased the keg. Registration/identification information must be available on all kegs sold in the City. Individual identification number, purchaser and retail seller identity information will better enable law enforcement to identify providers of kegs to underage persons. Therefore, it is in the public interest to require reasonable keg registration/identification provisions as hereinafter set forth. This subsection provides for the registration and documentation of retail sales of kegs in the City.
(3) 
Registration procedure. No retail licensee of fermented malt beverages may sell fermented malt beverages in a keg for off-site consumption (at a location which does not hold a fermented malt beverage license) without having registered the sale on a registration log containing the information and declaration required in Subsection F(3)(a), and having tagged the keg as required under Subsection F(3)(b).
(a) 
The following shall be required for completion of the registration log:
[1] 
Purchasers shall provide a current government-issued photo identification with the purchaser's name, address and individual identification number to the seller, who shall view the identification and then record and document the purchaser's name and address in a log. The log shall also contain the individual keg tag identification assigned to the keg by the seller and include the date of sale and indicate that the photo identification that was produced was matched to the purchaser. The log shall also contain the identity of each person, owner or employee who sold each keg to each purchaser.
[2] 
The purchaser shall sign a statement on the registration log containing the following declaration:
[a] 
The purchaser is of legal age to purchase, possess and consume fermented malt beverages.
[b] 
The purchaser will not allow any person under the age of 21 years, unless authorized by state law, to consume the beverage.
[c] 
The purchaser will not remove, obliterate, or allow to be removed or obliterated, the tag required under this subsection to be affixed to the container.
(b) 
Sellers shall assign, record and attach to each retail keg sold for off-site consumption an individual keg tag at or before the time of sale to the purchaser.
(c) 
Sellers of kegs shall obtain the individual keg tags from the Police Department, which shall record to whom the consecutively numbered tags are distributed and shall restrict the distribution of the tamper-proof tags to licensed alcoholic beverage retailers. The Police Department shall keep the record of distribution for one year.
(4) 
Keg return procedure. Sellers shall record the return of the keg on the registration log and shall remove the individual keg identification tamper-proof tags from the kegs when they are returned.
(5) 
Sellers' registration logs. Sellers' registration logs shall be kept by the seller, at the place of business, for a minimum period of six months from the date of sale. If the seller goes out of business, registration logs less than six months old shall be delivered to the Police Department. Sellers shall provide keg registration logs to the Burlington Police Department upon request.
(6) 
This subsection does not apply to keg sales to fermented malt beverage licensees.
(7) 
Keg possession requirements and restrictions. No person shall possess a keg after the effective date of this subsection without an intact and legible keg tag attached (except for retail sellers of kegs and fermented malt beverage licensees).
(8) 
Penalty for violation; seizure of keg; affirmative defense.
(a) 
A seller or purchaser or other person who violates any of the above requirements and/or restrictions imposed by this subsection shall be subject to a forfeiture not to exceed $ 500 per violation, plus all applicable costs.
(b) 
Any untagged keg found in violation of Subsection F(7) is subject to seizure by the Burlington Police Department.
(c) 
Proof of acquisition of any untagged keg from a seller located in a jurisdiction not subject to any keg-tagging ordinance or regulation, in a manner where such acquisition was legal at the time of acquisition, shall be an affirmative defense to a prosecution for violation of Subsection F(7).
[1]
Editor's Note: This ordinance reaffirmed Ord. No. 1846(19) and removed the sunset date that had been set forth in that ordinance.

§ 187-14 Closing hours.

No premises for which an alcohol beverage license has been issued shall remain open for the sale of alcohol beverages:
A. 
If a wholesale license, between 5:00 p.m. and 8:00 a.m., except on Saturday when the closing hour shall be 9:00 p.m.
B. 
If a retail "Class A" or Class "A" license, between 9:00 p.m. and 6:00 a.m. If, however, the retail establishment is permitted by the City to be open during the hours listed herein for the sale of other items, the establishment shall close its alcohol beverage section and shall not make any sale of alcohol beverages during these hours.
[Amended 11-18-2003 by Ord. No. 1740(20); 2-21-2012 by Ord. No. 1944(21); 9-16-2014 by Ord. No. 1987(6)]
C. 
If a retail "Class B," Class "B" or "Class C" license, between 2:00 a.m. and 6:00 a.m. on weekdays and between 2:30 a.m. and 6:00 a.m. on Saturdays and Sundays. On January 1, premises operating under a Class "B" or "Class B" license are not required to close. No package, container or bottle sales may be made after 12:00 midnight.
[Amended 11-18-2003 by Ord. No. 1740(20)]
D. 
Hotels and restaurants, the principal business of which is the furnishing of food or lodging to patrons, bowling alleys, indoor horseshoe pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business, but no intoxicating liquors or fermented malt beverages shall be sold during prohibited hours.

§ 187-15 Revocation, suspension, or failure to renew alcohol licenses.

[Added 4-4-2012 by Ord. No. 1945(22)[1]]
A. 
Proceedings for the revocation, suspension, and/or failure to renew licenses may be instituted under and pursuant to the provisions of § 125.12 of the Wisconsin Statutes (as may be amended from time to time and/or renumbered).
B. 
The City Administrator may, should he so elect, establish a demerit point system with respect to persons or entities that hold licenses, ascribing a particular number of demerit points to a license holder for a given violation of the laws applicable to alcohol beverages. Any such demerit point system, however, shall only be advisory to the City Administrator in his monitoring of the conduct of license holders and shall not constitute any type of mandatory or legal condition precedent for the institution of a proceeding against a license holder under above Subsection A.
[1]
Editor's Note: This ordinance also repealed former § 187-15, Revocation and suspension of licenses, as amended, and § 187-16, Nonrenewal of licenses.

§ 187-16 (Reserved)

§ 187-17 Violations by agents and employees.

A violation of this article by an authorized agent or employee of a licensee shall constitute a violation by the licensee.

§ 187-18 Violations and penalties.

[Amended 11-18-2003 by Ord. No. 1740(20)]
In addition to the suspension or revocation of any license or permit issued under this article and unless otherwise provided herein or under Ch. 125, Wis. Stats., any person who shall violate any provision of this article shall be subject to a penalty as provided in Chapter 1, § 1-4 of this Municipal Code.