The provisions of Ch.
125 and §§ 938.344 and 778.25, Wis. Stats., relating to the sale of intoxicating liquor and fermented malt beverages, except provisions therein relating to penalties to be imposed, are hereby adopted by reference and made a part of this article as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this article. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made a part of this article.
[Amended 7-6-2005]
As used in this article the terms "alcoholic beverages," "intoxicating liquors," "sell," "sold," "sale," "restaurant," "club," "retailer," "person," "fermented malt beverages," "wholesalers" and "operators" shall have the meaning given them by Ch.
125, Wis. Stats.
No person, firm or corporation shall vend, sell,
deal or traffic in, or have in his 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 article nor without complying
with all the provisions of this article, and all statutes and regulations
applicable thereto, except as provided by §§ 125.26,
125.27, 125.28 and 125.51, Wis. Stats.
[Amended 2-4-2002; 8-5-2013; 12-1-2014]
A. The following fees shall be chargeable for licenses issued by the
Common Council:
(1) Retail "Class A" intoxicating liquor license: $300 (liquor store).
[Amended 12-28-2022]
(2) Retail "Class B" intoxicating liquor license: $300 (bar).
[Amended 12-28-2022]
(3) Class "A" fermented malt beverage retailer's license: $100 annually
or fractional part thereof.
(4) Class "B" fermented malt beverage retailer's license: $100 annually
or 3/4 of such amount for a six-month period.
(5) Special Class "B" fermented malt beverage picnic license: $25 per
event.
(7) Wholesaler's license: $25 annually or fractional part thereof.
B. License applicants shall also pay publication costs.
C. Failure to provide application and payment to the City Clerk by the
date specified on your annual license renewal notice, may result in
a late penalty of $100. Penalty may increase to $250 if a special
meeting must be called, either by License and Ordinance Committee,
or of the Common Council, to vote on your license renewal, due to
late receipt of renewal application(s) and/or payment of fees.
[Added 6-9-2016]
The City Clerk-Treasurer shall notify the Chief
of Police, Chief of the Fire Department, and Building Inspector of
each application and these officials shall inspect or cause to be
inspected each application and the premises, together with such other
investigation as shall be necessary to determine whether the applicant
and the premises sought to be licensed comply with the regulations,
ordinances and laws applicable thereto, including those governing
sanitation in restaurants, and whether the applicant is a proper recipient
of a license. These officials shall furnish to the Common Council
in writing the information derived from such investigation, accompanied
by a recommendation as to whether a license should be granted or refused.
No license shall be renewed without a reinspection of the premises
and report as originally required.
Opportunity shall be given by the governing
body to any person to be heard for or against the granting of any
license. Upon the approval of the applicant by the Common Council,
the City Clerk-Treasurer shall issue to the applicant a license, upon
payment by the applicant of the license fee to the City. The fee shall
be paid to the City Clerk-Treasurer, who shall deposit the same in
the general fund.
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. The City Clerk-Treasurer shall affix to the license
his affidavit.
All retail "Class A," "Class B," Class "A" and
Class "B" licenses granted hereunder shall be granted subject to the
following conditions, and all other conditions of this article, and
subject to all other ordinances and regulations of the City applicable
thereto:
A. 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.
B. Employment of minors. No retail Class "B" licensee
shall employ any person under 18 years of age, 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 alcoholic beverages.
C. Disorderly conduct prohibited. Each licensed premises
shall at all times be conducted in an orderly manner, and no disorderly,
riotous or indecent conduct shall be allowed at any time on any licensed
premises.
D. Licensed operator on premises. There shall be upon
premises operated under a Class "B" license, at all times, the licensee
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" license unless he possesses
an operator's license or unless he is under the immediate supervision
of the licensee or a person holding an operator's license who is at
the time of such service upon said premises.
E. Health and sanitation regulations. The rules and regulations
of the State Board of Health governing sanitation in restaurants shall
apply to all "Class B" liquor licenses issued under this article.
No "Class B" license shall be issued unless the premises to be licensed
conform to such rules and regulations.
F. Restrictions near schools and churches. No retail
"Class A," "Class B," 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 such premises.
This subsection 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 building, hospital building or church building.
G. Licenses prohibited in residence districts.
(1) No retail Class "B" license shall be issued in any
residence district. Any premises shall be deemed to be included within
a residence district if 2/3 of the buildings within a radius of 300
feet are used exclusively for residence purposes or the uses incidental
thereto.
(2) This subsection shall not apply to a bona fide club
or hotel.
H. Clear view of premises required. All windows in the
front of any licensed premises shall be of clear glass, and the premises
shall be so arranged as to furnish a clear view of the entire premises
from the sidewalk. There shall be no partition, box, stall, screen,
curtain or other device which shall obstruct the view of said room
from the general observation of persons, provided that partitions,
subdivisions or panels not higher than 48 inches from the floor shall
not be construed as in conflict with the foregoing, and provided that
retail Class "B" licenses shall entitle the holder thereof to serve
such beverages in a separate room on the licensed premises at banquets
or dinner.
No premises within the City of Montello shall
remain open for the sale of intoxicating liquors or fermented malt
beverages from 1:00 a.m. to 8:00 a.m., except during the months of
daylight savings time when the closing hours shall be from 2:00 a.m.
to 8:00 a.m., and on January 1 of each year the closing hours shall
be between 3:00 a.m. and 8:00 a.m.
Groups that have been granted a special Class
"B" fermented malt beverage license shall comply with the following
conditions of license:
A. There shall be at least one person properly licensed as an operator under the provisions of §
203-17 of this article on the premises at all times to supervise the service of beverages.
B. Holders of special Class "B" fermented malt beverage
licenses shall fully comply with all provisions of this Code and the
state statutes.
C. For indoor events, the structure used must have suitable
exits and open spaces to accommodate anticipated attendance. It should
contain adequate sanitary facilities to accommodate the size of the
group.
D. The special Class "B" fermented malt beverage license
shall be posted in a conspicuous place on the premises and shall specify
the date(s) and hours for which said license is issued.
[Added 7-6-2005]
A provisional license may be issued by the City
Clerk-Treasurer 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. The fee for a provisional
operator's license shall be $15.