[HISTORY: Adopted by the Common Council of the City of Prescott
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 7, Ch. 2, of the former City Code]
The provisions of Chapter 125 of the Wisconsin Statutes, 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 in order to secure uniform statewide regulation of
alcoholic beverage control.
As used in this article the terms "alcoholic beverages," "intoxicating
liquor," "principal business," "legal drinking age," "premises," "sell,"
"sold," "sale," "restaurant," "club," "retailer," "person," "fermented
malt beverages" and "wholesalers" 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 of the Wisconsin Statutes.
[Amended 5-29-2012 by Ord. No. 08-12; 4-10-2023 by Ord. No. 03-23]
A.
Retail "Class A" intoxicating liquor license. A retail
"Class A" intoxicating 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.
Such license shall be issued with an effective date of July 1, but
may be issued by the City prior to that date. The license shall expire
on the following June 30.
B.
Retail "Class B" intoxicating liquor license. A retail
"Class B" intoxicating 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 and in the original package
or container in multiples not to exceed four liters at any one time,
to be consumed off the premises, except that wine may be sold in the
original package or otherwise in any other quantity to be consumed
off the premises. Such license shall be issued with an effective date
of July 1, but may be issued by the City prior to that date. The license
shall expire on the following June 30.
C.
Class "A" fermented malt beverage retailer's license.
A Class "A" 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 only for consumption away from the premises
where sold and in the original packages, containers or bottles. Such
license shall be issued with an effective date of July 1, but may
be issued by the City prior to that date. The license shall expire
on the following June 30.
D.
Class "B" fermented malt beverage retailer's license.
(1)
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 1% of alcohol
by volume, without obtaining a special license to sell such beverages.
Such license shall be issued with an effective date of July 1, but
may be issued by the City prior to that date. The license shall expire
on the following June 30.
(2)
Application. Class "B" licenses may be issued to
any person qualified under § 125.04(5), Wis. Stats. Such
licenses may not be issued to any person acting as agent for or in
the employ of another, except that this restriction does not apply
to a hotel or restaurant which is not a part of or located on the
premises of any mercantile establishment, or to a bona fide club,
society or lodge that has been in existence for at least six months
before the date of application. A Class "B" license for a hotel, restaurant,
club, society or lodge may be issued in the name of an officer who
shall be personally responsible for compliance with this article.
Except as provided in § 125.31, Wis. Stats., Class "B" licenses
may not be issued to brewers or fermented malt beverages wholesalers.
E.
Temporary Class "B" fermented malt beverage license.
(1)
License. As provided in § 125.26(1) and
(6), Wis. Stats., temporary Class "B" fermented malt beverage licenses
may be issued to bona fide clubs, to county or local fair associations
or agricultural societies, to churches, lodges, or societies that
have been in existence for at least six months before the date of
application and to posts of veterans' organizations authorizing
the sale of fermented malt beverages at a particular picnic or similar
gathering, at a meeting of the post, or during a fair conducted by
the fair association or agricultural society. Such license is valid
for dates as approved by the Chief of Police.
(2)
Application. Application for such license shall
be signed by the president or corresponding officer of the society
or association making such application and shall be filed with the
City Clerk together with the appropriate license fee for each event
for which the license is sought. Any person fronting for any group
other than the one applied for shall, upon conviction thereof, be
subject to a forfeiture of $200 and will be ineligible to apply for
a temporary Class "B" license for one year. The license shall specify
the hours and dates of license validity. The application shall be
filed 15 days' prior to the date of the event. If the application
is for a license to be used in a City park, the applicant shall specify
the main point of sale facility.
F.
Temporary "Class B" wine license.
(1)
License. Notwithstanding § 125.68(3),
Wis. Stats., temporary "Class B" licenses may be issued to bona fide
clubs, to county or local fair associations or agricultural societies,
to churches, lodges or societies that have been in existence for at
least six months before the date of application and to posts of veterans'
organizations authorizing the sale of wine in an original package,
container or bottle or by the glass if the wine is dispensed directly
from an original package, container or bottle at a particular picnic
or similar gathering, at a meeting of the post, or during a fair conducted
by the fair association or agricultural society. No fee may be charged
to a person who, at the same time, applies for a temporary Class "B"
beer license under § 125.26(6), Wis. Stats., for the same
event.
(2)
Application. Application for such license shall
be signed by the president or corresponding officer of the society
or association making such application and shall be filed with the
City Clerk together with the appropriate license fee for each event
for which the license is sought. Any person fronting for any group
other than the one applied for shall, upon conviction thereof, be
subject to a forfeiture of $200 and will be ineligible to apply for
a temporary "Class B" wine license for one year. The license shall
specify the hours and dates of license validity. The application shall
be filed 15 days' prior to the date of the event. If the application
is for a license to be used in a City park, the applicant shall specify
the main point of sale facility.
G.
Wholesaler's license. A wholesaler's fermented
malt beverage license, when issued by the City Clerk under the authority
of the 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" licenses.
(1)
In this subsection, "barroom" means a room that
is primarily used for the sale or consumption of alcoholic beverages.
(2)
A "Class C" license authorizes the retail sale
of wine by the glass or in an opened original container for consumption
on the premises where sold.
(3)
A "Class C" license may be issued to a person qualified
under § 125.04(5), Wis. Stats., for a restaurant in which
the sale of alcoholic beverages accounts for less than 50% of gross
receipts and which does not have a barroom or for a restaurant in
which the sale of alcoholic beverages accounts for less than 50% of
gross receipts and which has a barroom in which wine is the only intoxicating
liquor sold. A "Class C" license may not be issued to a foreign corporation,
a foreign limited-liability company or a person acting as agent for
or in the employ of another.
(4)
A "Class C" license shall particularly describe
the premises for which it is issued.
There shall be the following classes of licenses which, when issued by the City Clerk under the authority of the Common Council after payment of the license fee and publication costs hereinafter specified, shall permit the holder to sell, deal or traffic in intoxicating liquors or fermented malt beverages as provided in § 356-4 of this article and Ch. 125, Wis. Stats.:
A.
Class "A" fermented malt beverages retailer's license. The annual
fee for this license shall be as prescribed in the City's fee schedule.
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.
B.
Class "B" fermented malt beverage license. The annual fee for this
license shall be as prescribed in the City's fee schedule. This 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. 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.
C.
Temporary Class "B" fermented malt beverage license. The fee for
this license shall be as prescribed in the City's fee schedule per
event.
D.
Temporary "Class B" wine license. The fee for this license shall
be as prescribed in the City's fee schedule per event. However, there
shall be no fee if the temporary wine license is obtained along with
a temporary fermented malt beverage license.
E.
Fermented malt beverage wholesaler's license. The annual fee for
this license shall be as prescribed in the City's fee schedule.
F.
"Class A" intoxicating liquor retailer's license. The annual fee
for this license shall be as prescribed in the City's fee schedule.
The fee for a license of less than 12 months shall be prorated according
to the number of months of fraction thereof for which the license
is issued.
G.
"Class B" intoxicating liquor retailer's license. The annual fee
for this license shall be as prescribed in the City's fee schedule.
This 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. The fee for a license of less than 12 months shall be prorated
according to the number of months of fraction thereof for which the
license is issued. Section 125.51(3)(e)2, Wis. Stats., mandates that
municipalities establish an initial issuance fee for reserve "Class
B" liquor licenses of not less than $10,000. A reserve "Class B" license
is defined as a license that is not granted or issued by a municipality
on December 1, 1997. Fees for this license will be placed in the general
obligations for the City of Prescott.
H.
"Class C" wine license. The annual fee for this license shall be
as prescribed in the City's fee schedule. The fee for less than one
year shall be prorated.
A.
Contents. Application for a license to sell or deal in intoxicating
liquor or fermented malt beverages shall be made in writing on the
form prescribed by the Wisconsin Department of Revenue and shall be
sworn to by the applicant as provided by §§ 887.01
to 887.03, Wis. Stats., and shall be filed with the City Clerk not
less than 15 days prior to the granting of such license. The premises
shall be physically described to include every room and storage space
to be covered by the license, including all rooms not separated by
a solid wall or joined by connecting entrances.
B.
Corporations. Such application shall be filed and sworn to by the
applicant if an individual, by the president and secretary, if a corporation.
C.
Publication. The City Clerk shall publish each application for a
Class "A," Class "B," "Class A," "Class B" or "Class C" license. There
is no publication requirement for temporary Class "B" picnic beer
licenses under § 125.26, Wis. Stats., or temporary "Class
B" picnic wine licenses under § 125.51(10), Wis. Stats.
The application shall be published once in the official City newspaper,
and the costs of publication shall be paid by the applicant at the
time the application is filed, as determined under § 985.08,
Wis. Stats.
D.
Amending application. Whenever anything occurs to change any fact
set out in the application of any licensee, such licensee shall file
with the issuing authority a notice in writing of such change within
10 days after the occurrence thereof.
E.
License quotas.
[Amended 3-26-2012 by Ord. No. 05-12]
(1)
"Class
B" intoxicating liquor retailer's license intoxicating liquor and
fermented malt beverage licenses issued by the Common Council shall
be limited in number to the quota prescribed by state law.
(2)
Class
"A" fermented malt beverages retailer's license quota shall be set
at six as of January 1, 2012.
(3)
"Class
A" intoxicating liquor retailer's license quota shall be set at five
as of January 1, 2012.
A.
Residence requirements. A retail Class "A" or Class "B" fermented
malt beverage or "Class A" or "Class B" intoxicating liquor license
shall be granted only to persons who are citizens of the United States
and who have been residents of the State of Wisconsin continuously
for at least 90 days prior to the date of the application.
B.
Applicant to have malt beverage license. No retail "Class B" intoxicating
liquor license shall be issued to any person who does not have or
to whom is not issued a Class "B" retailer's license to sell fermented
malt beverages.
C.
Right to premises. No applicant will be considered unless he has
the right to possession of the premises described in the application
for the license period, by lease or by deed.
D.
Age of applicant. Licenses related to alcoholic beverages shall only
be granted to persons who have attained the legal drinking age.
E.
Corporate restrictions.
(1)
No license or permit may be issued to any corporation unless the
corporation meets the qualifications under § 125.04(5)(a)1
and 4 and (b), Wis. Stats., unless the agent of the corporation appointed
under § 125.04(6) and the officers and directors of the
corporation meet the qualifications of § 125.04(5)(a)1 and
3 and (b) and unless the agent of the corporation appointed under
§ 125.04(6) meets the qualification under § 125.04(5)(a)2
and 5. The requirement that the corporation meet the qualifications
under § 125.04(5)(a)1 and (b) does not apply if the corporation
has terminated its relationship with all of the individuals whose
actions directly contributed to the conviction.
(2)
The City may require that each corporate applicant file with its
application for such license a statement by its officers showing the
names and addresses of the persons who are stockholders together with
the amount of stock held by such person or persons. It shall be the
duty of each corporate applicant and licensee to file with the City
Clerk a statement of transfers of stock within 48 hours after such
transfer of stock.
(3)
Any license issued to a corporation may be revoked in the manner
and under the procedure established in § 125.12, Wis. Stats.,
when more than 50% of the stock interest, legal or beneficial, in
such corporation is held by any person or persons not eligible for
a license under this article or under the state law.
F.
Sales tax qualification. All applicants for retail licenses shall
provide proof, as required by § 77.61(11), Wis. Stats.,
that they are in good standing for sales tax purposes (i.e., hold
a seller's permit) before they may be issued a license.
G.
Connecting premises. Except in the case of hotels, no person may
hold both a "Class A" license and either a "Class B" license or permit,
a Class "B" license or permit, or a "Class C" license for the same
premises or for connecting premises. Except for hotels, if either
type of license or permit is issued for the same or connecting premises
already covered by the other type of license or permit, the license
or permit last issued is void. If both licenses or permits are issued
simultaneously, both are void.
H.
Limitations on other business; Class "B" premises. No Class "B" license
or permit may be granted for any premises where any other business
is conducted in connection with the premises, except that this restriction
does not apply if the premises for which the Class "B" license or
permit is issued is connected to the premises where other business
is conducted by a secondary doorway that serves as a safety exit and
is not the primary entrance to the Class "B" premises. No other business
may be conducted on premises operating under a Class "B" license or
permit. These restrictions do not apply to any of the following:
(1)
A hotel.
(2)
A restaurant, whether or not it is a part of or located in any mercantile
establishment.
(3)
A combination grocery store and tavern.
(4)
A combination sporting goods store and tavern in towns, villages,
and fourth class cities.
(5)
A combination novelty store and tavern.
(6)
A bowling alley or recreation premises.
(7)
A club, society or lodge that has been in existence for six months
or more prior to the date of filing application for the Class "B"
license or permit.
The City Clerk shall notify the Chief of Police, Fire Inspector
and Building Inspector of each new 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 City Clerk in writing, who shall forward to the Common Council,
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.
A.
No license shall be granted for operation on any premises for which
taxes, assessments, forfeitures or other financial claims of the City
are delinquent and unpaid.
B.
No license shall be issued unless the premises conform to the sanitary,
safety and health requirements of the State Building Code and the
regulations of the State Department of Health Services applicable
to restaurants. The premises must be properly lighted and ventilated,
must be equipped with separate sanitary toilet and lavatory facilities
equipped with running water for each sex and must conform to all ordinances
of the City.[1]
C.
Consideration for the granting or denial of a license will be based
on:
(1)
Arrest and conviction record of the applicant, subject to the limitations
imposed by §§ 111.321, 111.322, and 111.335, Wis. Stats.;
(2)
The financial responsibility of the applicant;
(3)
The appropriateness of the location and the premises where the licensed
business is to be conducted; and
(4)
Generally, the applicant's fitness for the trust to be reposed.
D.
An application may be denied based upon the applicant's arrest and
conviction record if the applicant has been convicted of a felony
(unless duly pardoned) or if the applicant has habitually been a law
offender. For purposes of this licensing procedure, "habitually been
a law offender" is generally considered to be an arrest or conviction
of at least two offenses which are substantially related to the licensed
activity within the five years immediately preceding the license application.
Because a license is a privilege, the issuance of which is a right
granted solely to the Common Council, the Common Council reserves
the right to consider the severity, and facts and circumstances of
the offense when making the determination to grant, deny or not renew
a license. Further, the Council, at its discretion, may, based upon
an arrest or conviction record of two or more offenses which are substantially
related to the licensed activity within the five years immediately
preceding, act to suspend such license for a period of one year or
more.
A.
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 shall issue
to the applicant a license, upon payment by the applicant of the license
fee to the City.
B.
If the Common Council denies the license, the applicant shall be
notified in writing, by certified mail or personal service, of the
reasons for the denial. The notice shall also inform the applicant
of the opportunity to appear before the Common Council and to provide
evidence as to why the denial should be reversed. In addition, the
notice shall inform the applicant that the reconsideration of the
application shall be held in closed session, pursuant to § 19.85(1)(b),
Wis. Stats., unless the applicant requests such reconsideration be
held in open session and the Common Council consents to the request.
Such written notice shall be mailed or served upon the applicant at
least 10 days prior to the Common Council meeting at which the application
is to be reconsidered.
A.
In accordance with the provisions of § 125.04(12), Wis.
Stats., a license shall be transferable from one premises to another
if such transfer is first approved by the Common Council. An application
for transfer shall be made on a form furnished by the City Clerk.
Proceedings for such transfer shall be had in the same form and manner
as the original application. The fee for such transfer shall be as
prescribed in the City's fee schedule. Whenever a license is transferred,
the City Clerk shall forthwith notify the Wisconsin Department of
Revenue of such transfer. In the event of the sale of a business or
business premises of the licensee, the purchaser of such business
or business premises must apply to the City for reissuance of said
license and the City, as the licensing authority, shall in no way
be bound to reissue said license to said subsequent purchaser.
[Amended 5-29-2012 by Ord. No. 08-12]
B.
Whenever the agent of a corporate holder of a license is for any
reason replaced, the licensee shall give the City Clerk written notice
of said replacement, the reasons therefor and the new appointment.
Until the next regular meeting or special meeting of the Common Council,
the successor agent shall have the authority to perform the functions
and be charged with the duties of the original agent. However, said
license shall cease to be in effect upon receipt by the City Clerk
of notice of disapproval of the successor agent by the Wisconsin Department
of Revenue or other peace officer of the municipality in which the
license was issued. The corporation's license shall not be in force
after receipt of such notice or after a regular or special meeting
of the Common Council until the successor agent or another qualified
agent is appointed and approved by the City.
[Amended 5-29-2012 by Ord. No. 08-12]
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.
A.
Every person licensed in accordance with the provisions of this article
shall immediately post such license and keep the same posted while
in force in a conspicuous place in the room or place where said beverages
are drawn or removed for service or sale.
B.
It shall be unlawful for any person to post such license or to be
permitted to post it upon premises other than those mentioned in the
application or knowingly to deface or destroy such license.
[Amended 5-29-2012 by Ord. No. 08-12; 5-27-2014 by Ord. No. 03-14]
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" or Class "B" licensee 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 alcoholic beverages. Pursuant to §§ 125.32(2)
and 125.68(2), Wis. Stats., a person at least 18 years of age may
sell, serve or dispense alcohol beverages if he or she is the holder
of an operator's license or is under the immediate supervision of
a licensee, permittee or agent or a person holding an operator's license
who is on the premises at the time of the service.
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," Class "B," or "Class C" 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," Class "B," or "Class C" license unless he possesses an operator's
license, or there is a person with an operator's license upon said
premises at the time of such service.
E.
Health and sanitation regulations. The rules and regulations of the
State Department of Health Services governing sanitation in restaurants
shall apply to all "Class B" liquor licenses issued under this article.
No "Class B" or "Class C" 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,
unless a public hearing shall be held before the Common Council, following
notice of the time, place and purpose of public hearing. Notice shall
be given by publication of a Class 1 notice, as prescribed by the
Wisconsin Statutes, at least 10 days prior to the public hearing in
the official City newspaper. Following the public hearing, this prohibition
may be waived by a majority vote of the Common Council. 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. However, § 125.68(3)(c), Wis. Stats.,
exempts a restaurant within 300 feet of a church where the sale of
alcoholic beverages is less than 50% of the gross receipts.
G.
Clubs. No club shall give away any intoxicating liquors.
H.
Gambling prohibited. Except as authorized by state law, no gambling
or game of chance of any sort shall be permitted in any form upon
any premises licensed under this article or the laws of the State
of Wisconsin.
I.
Credit prohibited. No retail Class "A," Class "B," "Class A," "Class
B," or "Class C," liquor, wine, or fermented malt beverage licensee
shall sell or offer for sale any alcoholic 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 alcoholic 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 alcoholic
beverages.
J.
Licensee or permittee responsible for acts of help. A violation of
this article by a duly authorized agent or employee of a licensee
or permittee under this article shall constitute a violation by the
licensee or permittee. Whenever any licensee or permittee under this
article shall violate any portion of this article, proceedings for
the suspension or revocation of the license or permit of the holder
thereof may be instituted in the manner prescribed in this article.
A.
Findings.
(1)
The Wisconsin Statutes authorize local municipalities to prescribe
regulations for the sale of alcoholic beverages which are not in conflict
with state statutes.
(2)
The City of Prescott Common Council upon due consideration finds
that nudity and near nudity and sexual conduct are proper subjects
for regulation in connection with the control of the sale of alcoholic
beverages within the City.
(3)
The Common Council further finds that any form of nudity coupled
with alcohol consumption in a public place begets undesirable behavior
and that there is a relationship between the consumption of alcoholic
beverages and nudity and an increase of criminal activities, moral
degradation and the disturbances of the peace and the good order of
the community. Concurrence of nudity and alcoholic beverages is hazardous
to the health and the safety of those in attendance and tends to depreciate
the value of adjoining property and to harm the economic welfare of
the community as a whole. When there is concurrence of nudity and
consumption of alcoholic beverages, other activities that are illegal,
immoral or unhealthy tend to accompany them, concentrate around them,
and be aggravated by them. Such other activities include but are not
limited to prostitution, solicitation for prostitution, lewd and lascivious
behavior, possession, distribution and transportation of obscene materials,
sale or possession of controlled substances and violent crimes against
persons and property.
(4)
The Common Council has determined that the enactment of an ordinance
prohibiting nudity and sexual conduct in establishments licensed to
sell alcoholic beverages within the City of Prescott will prevent
or limit such undesirable conduct and activities.
B.
Improper exhibitions. It shall be unlawful for any person to perform,
or for any licensee or manager or agent of the licensee to permit
any employee, entertainer or patron to engage in any live act, demonstration,
dance or exhibition on the licensed premises which:
(1)
Exposes his or her genitals, pubic hair, buttocks, perineum, anal
region or pubic hair region; or
(2)
Exposes any device, costume or covering which gives the appearance
of or simulates genitals, pubic hair, buttocks, perineum, anal region
or pubic hair region; or
(3)
Exposes any portion of the female breast at or below the areola thereof;
or
(4)
Engages or simulates sexual intercourse and/or any sexual contact,
including the touching of any portion of the female breast or the
male and/or female genitals.
(5)
Shows films or slides depicting any of the acts which are prohibited
by the regulation stated in this subsection.
[Amended 3-26-2012 by Ord. No. 04-12; 5-29-2012 by Ord. No. 08-12]
Closing hours shall be established in conformance with §§ 125.32(3)
and 125.68(4), Wis. Stats., and further restricted as follows:
A.
Class "B," "Class B" and "Class C" licenses.
(1)
No premises for which a retail "Class B" liquor, Class "B" fermented
malt beverage, or "Class C" wine license has been issued shall be
permitted to remain open for the sale of liquor or fermented malt
beverages or for any other purpose 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. There shall be no closing hours on January 1.
(2)
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 shall not sell liquor or malt beverages during the closing hours of Subsection A(1) above.
B.
Carryout hours. Between 9:00 p.m. and 6:00 a.m., no person may sell,
remove, carry out or permit to be removed or carried out from any
premises having a "Class A" or Class "A" license fermented malt beverages
or intoxicating liquor in original unopened packages, containers or
bottles for consumption away from the premises. Between 12:00 midnight
and 6:00 a.m., no person may sell, remove, carry out or permit to
be removed or carried out from any premises having a "Class B" or
Class "B" license fermented malt beverages or intoxicating liquor
in original unopened packages, containers or bottles for consumption
away from the premises.
[Amended 5-29-2012 by Ord. No. 08-12; 4-10-2023 by Ord. No. 03-23]
It shall be unlawful for any person or organization on a temporary
basis to sell or offer to sell any alcoholic beverage upon any City-owned
property or privately owned property within the City of Prescott,
except through the issuance of a temporary Class "B" fermented malt
beverage license or temporary "Class B" wine license granted by the
Chief of Police and issued by the City Clerk in accordance with Wisconsin
Statutes and as set forth in this section. If the Chief of Police
holds membership with the qualifying applicant, then the Mayor or
their designee shall review the license application for approval.
A temporary Class "B" fermented malt beverage license or temporary
"Class B" wine license authorizing the sale and consumption of beer
and/or wine on City-owned property or privately owned property may
be authorized by the Common Council, provided the following requirements
are met:
A.
Compliance with eligibility standards. The organization shall meet the eligibility requirements of a bona fide club, association, lodge or society as set forth in §§ 125.26(6) and 125.51(10), Wis. Stats., and shall fully comply with the requirements of this section and Chapter 356, Article II. Members of an organization which is issued a temporary license and who are issued operator's licenses for the event shall attend a pre-event informational meeting to learn what rules and regulations apply and what the responsibilities of the bartenders and organization will be.
B.
Posting of signs and licenses. All organizations issued
a temporary license shall post in a conspicuous location at the main
point of sale and at all remote points of sale a sufficient number
of signs stating that no fermented malt beverage shall be served to
any underage person without proper identification.
C.
Fencing. If necessary due to the physical characteristics
of the site, the Chief of Police may require that organizations install
a double fence around the main point of sale to control ingress and
egress and continually station a licensed operator, security guard
or other competent person at the entrance for the purpose of checking
age identification. Where possible, there shall be only one point
of ingress and egress. When required, the double fence shall be a
minimum of four feet high and a minimum of six feet between fences.
D.
Underage persons prohibited. No underage persons as
defined by the Wisconsin Statutes shall be allowed to assist in the
sale of fermented malt beverages or wine at any point of sale, except
for a person 18 years of age or over who possesses a valid operator's
license, nor shall they be allowed to loiter or linger in the area
of any point of sale.
E.
Licensed operators requirement. A licensed operator
shall be stationed at all points of sales at all times.
F.
Waiver. Only the Common Council may waive or modify
the requirements of this section due to the physical characteristics
of the licensed site.
G.
Insurance. The applicant for a temporary fermented
malt beverage or wine license may be required to indemnify, defend
and hold the City and its employees and agents harness against all
claims, death of any person or any damage to property caused by or
resulting from the activities for which the permit is granted. As
evidence of the applicant's ability to perform the conditions
of the license, the applicant may be required to furnish a certificate
of comprehensive general liability insurance with the City of Prescott.
The applicant may be required to furnish a performance bond prior
to being granted the license.
A.
Procedure. Whenever the holder of any license under this article violates any portion of this article or Article II of this chapter, proceedings for the revocation of such license may be instituted in the manner and under the procedure established by this section.
B.
Abandonment of premises. Any licensee holding a license to sell alcoholic
beverages who abandons such business shall forfeit any right or preference
he may have to the holding of or renewal of such license. Abandonment
shall be sufficient grounds for revocation of any alcoholic beverage
license. The closing of the licensed premises for at least six months
shall be prima facie evidence of the abandonment, unless extended
by the Common Council. All persons issued a license to sell alcoholic
beverages in the City for which a quota exists limiting the number
of such licenses that may be issued by the City shall cause such business
described in such license to be operated on the premises described
in such license for at least 150 days during the terms of such license,
unless such license is issued for a term of less than 180 days, in
which event this subsection shall not apply.
C.
License revocation or suspension. License revocation or suspension
procedures shall be as prescribed by Ch. 125, Wis. Stats.
The presence of underage persons on a licensed premises as provided
under § 125.07(3)(a)10, Wis. Stats., shall be subject to
the following:
A.
The licensee or agent of a corporate licensee shall notify the Police
Department at least 48 hours in advance of the date of any event at
which underage persons will be present on the licensed premises. Each
such nonalcohol event notice shall specify the date(s) on which the
event is to occur and the time(s) of commencement. All notices shall
be filed with the Police Department during normal working hours (8:00
a.m. to 4:30 p.m., Monday through Friday) and shall be given on forms
prescribed by the Department. After a nonalcohol event notice has
been given, the licensee may cancel an event(s) only by giving like
notice to the Department in accordance with the provisions of this
subsection. Regardless of the date given, all notices shall expire
and be deemed cancelled no later than the date of expiration or revocation
of the applicable retail Class "B" or "Class B" license.
B.
During the period of any nonalcohol event a notice card prescribed
by the Police Department shall be posted at all public entrances to
the licensed premises notifying the general public that no alcoholic
beverages may be consumed, sold or given away on or carried into the
licensed premises during the event. Such notice cards shall be made
available by the Department to a requesting licensee.
C.
Once a nonalcohol event has commenced, no alcoholic beverages may
be consumed, sold or given away on or carried into the licensed premises
until the next day following the closing hours of the licensed premises.
D.
During the period of any nonalcohol event all alcoholic beverages
shall be stored in a locked portion of the licensed premises in a
secure place out of the sight and physical reach of any patron present
and shall be under the direct and immediate control and supervision
of the licensee or a licensed bartender in the employ of the licensee.
All beer taps and automatic dispensers of alcoholic beverages ("speed
guns") shall be either disconnected, disabled or made inoperable.
[Amended 5-29-2012 by Ord. No. 08-12; 11-12-2012 by Ord. No. 09-12; 9-28-2015 by Ord. No. 10-15; 7-27-2020 by Ord. No. 02-20]
A.
Operator's license required.
(1)
Operator's licenses; Class "A," Class "B" or "Class C" premises.
Except as provided under §§ 125.32(3)(b) and 125.07(3)(a)10,
Wis. Stats., no premises operated under a Class "A," Class "B" or
"Class C" license or permit may be open for business unless there
is upon the premises the licensee or permittee, the agent named in
the license or permit if the licensee or permittee is a corporation,
or some person who has an operator's license and who is responsible
for the acts of all persons serving any fermented malt beverages to
customers. An operator's license issued in respect to a vessel under
§ 125.27(2), Wis. Stats., is valid outside the municipality
that issues it. For the purpose of this section, any person holding
a manager's license under § 125.18, Wis. Stats., or any
member of the licensee's or permittee's immediate family who has attained
the age of 18, shall be considered the holder of an operator's license.
No person, including a member of the licensee's or permittee's immediate
family, other than the licensee, permittee or agent, may serve fermented
malt beverages in any place operated under a Class "A," Class "B"
or "Class C" license or permit unless he or she has an operator's
license or is at least 18 years of age and is under the immediate
supervision of the licensee, permittee, agent or a person holding
an operator's license, who is on the premises at the time of the service.
B.
Procedure upon application.
(1)
The Chief of Police or designee may issue an operator's license,
which license shall be granted only upon application in writing on
forms to be obtained from the City Clerk only to persons 18 years
of age or older. Operator's licenses shall be operative only within
the limits of the City.
(2)
All applications are subject to an investigation by the Chief of
Police and/or other appropriate authority to determine whether the
applicant to be licensed complies with all regulations, ordinances
and laws applicable thereto. The Police Department shall conduct an
investigation of the applicant, including, but not limited to, requesting
information from the state, surrounding municipalities, and/or any
community where the applicant has previously resided concerning the
applicant's arrest and conviction record. Based upon such investigation,
the Chief of Police shall approve or deny the application. If the
Chief of Police recommends denial, the Chief of Police shall provide,
in writing, the reasons for such recommendation.
C.
Duration. Standard operator's license issued under the provisions
of this article shall be valid for a period of two years and shall
expire on the 30th day of June each uneven-numbered year.
D.
Operator's license fee; provisional or temporary licenses.
(1)
Fee. The fee for a standard or provisional operator's license shall
be as prescribed in the City's fee schedule.
(2)
Provisional license. The City Clerk may issue provisional operator's licenses in accordance with § 125.17(5), Wis. Stats. The provisional operator's license shall expire 60 days after its issuance or when an operator's license is issued to the holder, whichever is sooner. The City Clerk may, upon receiving an application for a temporary provisional license, issue such a license without requiring the successful completion of the responsible beverage server training course as described herein. However, such temporary license shall be used only for the purpose of allowing such applicant the privilege of being licensed as a beverage operator pending his successful completion of the responsible beverage server training course. A provisional license may not be issued to any person who has been denied an operator's license by the Chief of Police or designee or who has had his/her operator's license revoked or suspended within the preceding 12 months. The City Clerk shall provide an appropriate application form to be completed in full by the applicant. The City Clerk may revoke the provisional license issued if he/she discovers that the holder of the license made a false statement on the application. Following completion of the responsible beverage server training course and notification from the school, the license application will be presented to the Council, with the appropriate fee as prescribed in Subsection D(1) above for a one- or two-year operator's license. If approved by the Council, the operator's license is issued.
(3)
Temporary license. The City Clerk may issue a temporary operator's
license, at no fee, provided that:
(a)
This license may be issued only to operators employed by, or
donating their services to, nonprofit corporations.
(b)
No person may hold more than one license of this kind per year.
(c)
The license is valid for any period from one day to 14 days,
and the period for which it is valid shall be stated on the license.
E.
Issuance or denial of operator's licenses.
(1)
After the Chief of Police or designee approves the granting of an
operator's license, the City Clerk shall issue the license. Such licenses
shall be issued and numbered in the order they are granted and shall
give the applicant's name and address and the date of the expiration
of such license.
(2)
Denial of application.
(a)
If the application is denied by the Chief of Police or designee,
the City Clerk shall, in writing, inform the applicant of the denial,
the reasons therefor, and of the opportunity to request a reconsideration
of the application by the Common Council in a closed session. Such
notice must be sent by registered mail to, or served upon, the applicant
at least 10 days prior to the Council's reconsideration of the matter.
At such reconsideration hearing, the applicant may present evidence
and testimony as to why the license should be granted.
(b)
If, upon reconsideration, the Council again denies the application,
the City Clerk shall notify the applicant in writing of the reasons
therefor. An applicant who is denied any license upon reconsideration
of the matter may apply to Circuit Court pursuant to § 125.12(2)(d),
Wis. Stats., for review.
(3)
(4)
An application may be denied based upon the applicant's arrest and
conviction record if the applicant has been convicted of a felony
(unless duly pardoned) or if the applicant has habitually been a law
offender. For purposes of this licensing procedure, "habitually been
a law offender" is generally considered to be an arrest or conviction
of at least two offenses which are substantially related to the licensed
activity within the five years immediately preceding the license application.
Because a license is a privilege, the issuance of which is a right
granted solely to the Common Council, the Common Council reserves
the right to consider the severity, and facts and circumstances of
the offense when making the determination to grant, deny or not renew
a license. Further, the Common Council, at its discretion, may, based
upon an arrest or conviction record of two or more offenses which
are substantially related to the licensed activity within the five
years immediately preceding, act to suspend such license for a period
of one year or more.
F.
Training course.
(1)
Except as provided in Subsection F(2) below, the Common Council may not issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course, which may include computer-based training and testing, that is approved by the Department of Revenue or the Educational Approval Board, or unless the applicant fulfills one of the following requirements:
G.
Display of license. Each license issued under the provisions of this
article shall be posted on the premises whenever the operator dispenses
beverages or be in his possession, or the licensee shall carry a license
card.
H.
Revocation of operator's license. Violation of any of the terms or
provisions of the state law or of this article relating to operator's
licenses by any person holding such operator's license shall be cause
for revocation of the license.
I.
No person serving alcohol beverages shall be over the limits of acceptable
level of intoxication of .08 while on duty.
A.
Forfeitures for violations of §§ 125.07(1) to (5) and 125.09(2), Wis. Stats., adopted by reference in § 356-1 of this article, shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable state statute, including any variations or increases for subsequent offenses.
B.
Any person who shall violate any provision of this article, except as otherwise provided herein, or who shall conduct any activity or make any sale for which a license is required without a license shall be subject to a forfeiture as provided in § 1-4 of this Code.
[Amended 5-29-2012 by Ord. No. 08-12]
C.
Nothing herein shall preclude or affect the power of the sentencing
court to exercise additional authorities granted by the Wisconsin
Statutes.
[Adopted as Sec. 11-4-1 of the former City Code]
As used in this article, the following terms shall have the
meanings indicated:
Includes all ardent, spirituous, distilled or vinous liquors,
liquids or compounds, whether medicated, proprietary, patented, or
not, and by whatever name called, as well as all liquors and liquids
made by the alcoholic fermentation of an infusion in potable water
of barley malt and hops, with or without unmalted grains or decorticated
or determinated grains or sugar, which contain 1/2 of 1% or more of
alcohol by volume and which are fit for use for beverage purposes.
Construed to mean any location within the City, which is
open to access to persons not requiring specific permission of the
owner to be at such location including all parking lots serving commercial
establishments.
Any person under the legal drinking age as defined by the
Wisconsin Statutes.
A.
No person shall be allowed to consume, carry, transport or have in
his possession any intoxicating liquor or fermented malt beverage
on public sidewalks, streets, or any public riverfront property which
borders the St. Croix River and the Mississippi River, which includes
but is not limited to the Courtesy Dock, Prescott Beach, Mercord Mill
Park, Riverwalk Way and the Public Boat Launch in the City, unless
such intoxicating liquor or fermented malt beverage is in an unopened,
sealed container.
B.
Permits may be issued for special events by making application at
the office of the City Clerk. Under no circumstance will any sale
of alcoholic beverages be allowed unless approved by the Common Council.
It shall be unlawful for any person to consume any alcoholic
beverages upon any private property held open for public use within
the City unless the property is specifically named as being part of
a licensed premises.
A.
It shall be unlawful for any licensee, permittee or operator to permit
any patron to leave the licensed premises with an open container containing
any alcoholic beverage.
B.
It shall be unlawful for any patron to leave a licensed premises
with an open container containing any alcoholic beverage. This includes
recorked wine bottles as per § 125.51(3r), Wis. Stats. A
"Class B" license or "Class C" license authorizes the retail sale
of wine in an opened original bottle, in a quantity not to exceed
one bottle, for consumption both on and off the premises where sold
if all of the following apply:
(1)
The licensed premises is a restaurant also operated under a "Class
B" or "Class C" license and the purchaser of the wine orders food
to be consumed on the licensed premises.
(2)
The licensee provides a dated receipt that identifies the purchase
of food and the bottle of wine.
(3)
Prior to the opened, partially consumed bottle of wine being taken
off the licensed premises, the licensee securely reinserts the cork
into the bottle to the point where the top of the cork is even with
the top of the bottle. The wine must be recorked by the restaurant
before midnight.
(4)
If the patron intends to transport the container in a vehicle then
they would need to place the bottle in their trunk or storage compartment
of their vehicle to be taken home.
