[HISTORY: Adopted by the Common Council of the City of Marion
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-22-1993 as Title 7, Ch. 2, of the 1993 Code]
The provisions of Ch. 125, 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 in order to
secure uniform statewide regulation of alcohol beverage control.
As used in this article, the terms "alcohol beverages," "intoxicating
liquor," "principal business," "legal drinking age," "premises," "sell,"
"sold," "sale," "restaurant," "club," "retailer," "person," "fermented
malt beverages" and "wholesaler" 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.
A.
Retail "Class A" intoxicating liquor license. A retail "Class A"
intoxicating liquor license, when issued by the City Clerk-Treasurer
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.
B.
Retail "Class B" intoxicating liquor license. A retail "Class B"
intoxicating liquor license, when issued by the City Clerk-Treasurer
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.
C.
Class "A" fermented malt beverage retailer's license. A Class "A"
retailer's fermented malt beverage license, when issued by the City
Clerk-Treasurer 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 may
be issued after July 1. 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-Treasurer 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 0.5% of alcohol by volume
without obtaining a special license to sell such beverages. Such license
may be issued after July 1. 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 § 125.295,
Wis. Stats., a Class "B" license may not be issued to brewers or fermented
malt beverage 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. A license issued to a county or district fair
licenses the entire fairgrounds where the fair is being conducted
and all persons engaging in retail sales of fermented malt beverages
from leased stands on the fairgrounds. The county or district fair
to which the license is issued may lease stands on the fairgrounds
to persons who may engage in retail sales of fermented malt beverages
from the stands while the fair is being held. Such license is valid
for dates as approved by the Common Council.
(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-Treasurer together with the appropriate license fee for each day 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 penalty as prescribed in § 1-4 of this Code 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 a minimum of 15 days prior to the meeting of the Common Council at which the application will be considered for events of more than three consecutive days. If the application is for a license to be used in a City park, the applicant shall specify the main point of sale facility.[1]
F.
Temporary "Class B" wine license.[2]
(1)
License. Notwithstanding § 125.68(3), Wis. Stats., temporary
"Class B" licenses may be issued to a 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. A license
issued to a county or district fair licenses the entire fairgrounds
where the fair is being conducted and all persons engaging in retail
sales of wine from leased stands on the fairgrounds. The county or
district fair to which the license is issued may lease stands on the
fairgrounds to persons who may engage in retail sales of wine from
the stands while the fair is being held.
(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-Treasurer together with the appropriate license fee for each day 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 penalty as prescribed in § 1-4 of this Code 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 a minimum of 15 days prior to the meeting of the Common Council at which the application will be considered for events of more than three consecutive days. 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-Treasurer 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" license.
(1)
In this subsection, "barroom" means a room that is primarily used
for the sale or consumption of alcohol 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 alcohol beverages
accounts for less than 50% of gross receipts and which does not have
a barroom if the City's quota prohibits the City from issuing a "Class
B" license to that person. A "Class C" license may not be issued to
a foreign corporation 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-Treasurer 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 § 383-4 of this article and Ch. 125, Wis. Stats.:
A.
Class "A" fermented malt beverage retailer's license. The annual
fee for this license shall be set by the Common Council. 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 set by the Common Council. 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 set by the Common Council.
D.
Temporary "Class B" wine license. The fee for this license shall
be set by the Common Council. 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
license shall be set by the Common Council.
F.
"Class A" intoxicating liquor retailer's license. The annual fee
for this license shall be set by the Common Council.
G.
"Class B" intoxicating liquor retailer's license. The annual fee
for this license shall be set by the Common Council. 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.
H.
"Class C" wine license. The annual fee for this license shall be
set by the Common Council. The fee for less than one year shall be
prorated.
I.
Reserve combination "Class B" beer and liquor license. The fee for
this license shall be the initial issuance fee set by the Common Council
plus the annual fees.
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-Treasurer
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, or by the president and secretary, if
a corporation.
C.
Publication. The City Clerk-Treasurer 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 for 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. Retail intoxicating liquor and fermented malt beverage
licenses issued by the Common Council shall be limited in number to
the quota prescribed by state law.
A.
Residency 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 it 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 alcohol 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), Wis. Stats., and the officers and directors
of the corporation meet the qualifications of § 125.04(5)(a)1
and 3 and (b), Wis. Stats., and unless the agent of the corporation
appointed under § 125.04(6), Wis. Stats., meets the qualification
under § 125.04(5)(a)2, Wis. Stats. The requirement that
the corporation meet the qualifications under § 125.04(5)(a)1
and (b), Wis. Stats., does not apply if the corporation has terminated
its relationship with all of the individuals whose actions directly
contributed to the conviction.
(2)
Each corporate applicant shall 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-Treasurer 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 the 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-Treasurer shall notify the Chief of Police, Health
Officer, 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-Treasurer 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 by the Chief of Police or his designated officer and
report as originally required.
A.
No license shall be granted for operation on any premises or with
any equipment 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 conforms to the sanitary,
safety and health requirements of the State Building Code and the
regulations of the State Department of Health Services and local Board
of Health 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)
The 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-Treasurer shall
issue to the applicant a license, upon payment by the applicant of
the license fee to the City.[1]
B.
If the Common Council denies the license, the applicant shall be
notified in writing, by registered 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 that 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-Treasurer.
Proceedings for such transfer shall be had in the same form and manner
as the original application. The fee for such transfer is set by the
Common Council. Whenever a license is transferred, the City Clerk-Treasurer
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.[1]
B.
Whenever the agent of a corporate holder of a license is for any
reason replaced, the licensee shall give the City Clerk-Treasurer
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-Treasurer 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.
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.
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 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. Except as provided in §§ 125.32(2)
and 125.68(2), Wis. Stats., 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 alcohol beverages.[1]
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 license 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 conforms to such rules and regulations.[2]
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 prior to the occupation
of real property within 300 feet thereof by any school building, hospital
building or church building.[3]
G.
Clubs. No club shall sell or give away any intoxicating liquors except
to bona fide members and guests invited by members.
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 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, wares,
merchandise or other articles in exchange for alcohol 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.
K.
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;
(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;
(3)
Exposes any portion of the female breast at or below the areola thereof;
or
(4)
Engages in 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.
Closing hours shall be in conformance with §§ 125.32(3)
and 125.68(4), Wis. Stats., which are hereby adopted by reference
and made a part of this section as if fully set forth herein.
It shall be unlawful for any person or organization on a temporary
basis to sell or offer to sell any alcohol beverage upon any City-owned
property or privately owned property within the City of Marion, except
through the issuance of a temporary Class "B" fermented malt beverage
license or temporary "Class B" wine license issued by the Common Council
in accordance with the Wisconsin Statutes and as set forth in this
section. 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 that 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), Wis. Stats., and shall fully comply with the requirements of this section and Article II of this chapter. Members of an organization which is issued a temporary license and who are issued operators' 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 Common Council 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, nor shall they be allowed
to loiter or linger in the area of any point of sale. This subsection
shall not apply to a person 18 years of age or older who holds an
operator's license issued in accordance with § 125.17, Wis.
Stats.[1]
E.
Licensed operator requirement. A licensed operator shall be stationed
at all points of sale at all times.
F.
Waiver. 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 harmless against all claims, liability,
loss, damage or expense incurred by the City on account of any injury
to or 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 Marion. The applicant
may be required to furnish a performance bond prior to being granted
a license.[2]
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 alcohol
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 alcohol 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 alcohol
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 5:00 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 alcohol
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 alcohol 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 alcohol 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 alcohol beverages ("speed
guns") shall be either disconnected, disabled or made inoperable.
[Amended 12-10-2012 by Ord. No. 2012-001; 8-10-2020 by Ord. No. 2020-003]
A.
Operator's license required.
(1)
Operator's license; 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 Clerk-Treasurer 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-Treasurer only to persons 18 years of age or older.
An operator's license 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 and/or premises 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 recommend, in writing, to
the Clerk-Treasurer approval or denial of the application. If the
Chief of Police recommends denial, the Chief of Police shall provide,
in writing, the reason for such recommendation.
C.
Duration. A standard operator's license issued under the provisions
of this section shall be valid for a period of two years and shall
expire on the 30th day of June.
D.
Operator's license fee; provisional or temporary licenses.
(1)
Fees. The fees for a standard operator's license and for a provisional
operator's license shall be set by the Common Council.
(2)
Provisional license. The Clerk-Treasurer may issue a provisional
operator's license 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-Treasurer 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 Clerk-Treasurer
or who has had his operator's license revoked or suspended within
the preceding 12 months. The City Clerk-Treasurer shall provide an
appropriate application form to be completed in full by the applicant.
The City Clerk-Treasurer may revoke the provisional license issued
if it is discovered 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 Clerk-Treasurer, with the fee
for the operator's license. If approved, the operator's
license is issued for a two-year period.
(3)
Temporary license. The Clerk-Treasurer 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 license.
(1)
After granting an operator's license, the City Clerk-Treasurer
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)
If the application is denied by the Clerk-Treasurer, the City Clerk-Treasurer
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. If,
upon reconsideration, the Council again denies the application, the
City Clerk-Treasurer 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)
Consideration for the granting or denial of a license will be based
on:
(a)
The arrest and conviction record of the applicant, subject to
the limitations imposed by §§ 111.321, 111.322 and
111.335, Wis. Stats.;
(b)
The financial responsibility of the applicant;
(c)
The appropriateness of the location and the premises where the
licensed business is to be conducted; and
(d)
Generally, the applicant's fitness for the trust to be
reposed.
(4)
If a licensee is convicted of an offense substantially related to
the licensed activity, the Common Council may act to revoke or suspend
the license.
(5)
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 to the Clerk-Treasurer and the Common Council, the Clerk-Treasurer
and Common Council reserve 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 Clerk-Treasurer 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 operators'
licenses by any person holding such operator's license shall
be cause for revocation of the license.
A.
Forfeitures for violations of §§ 125.07(1) to (4) and 125.09(2), Wis. Stats., adopted by reference in § 383-1 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.
C.
Nothing herein shall preclude or affect the power of the sentencing
court to exercise additional authorities granted by the Wisconsin
Statutes.
[Adopted 7-22-1993 as Title 11, Ch. 4, of the 1993 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 degerminated grains or sugar, which contain 1/2 of 1% or more of
alcohol by volume and which are fit for use for beverage purposes.
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.
Public
areas. It shall be unlawful for any person to sell, serve or give
away, or offer to sell, serve or give away, any alcohol beverage upon
any public street, sidewalk, alley, public parking lot, highway, cemetery
or drives or other public area within the City of Marion or on private
property without the owner's consent, except at licensed premises.
It shall be unlawful for any person to consume or have in his possession
any open container containing alcohol beverage upon any public street,
public sidewalk, public way, public alley or public parking lot within
the City except at licensed premises.
B.
Private
property held out for public use. It shall be unlawful for any person
to consume any alcohol 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.
C.
Leaving
licensed premises with open container.
A.
The provisions of this article may be waived by the Common Council
for duly authorized events.
B.
This article shall not apply to any organization which has been issued a temporary fermented malt beverage and/or temporary wine license for a designated area pursuant to this Code, provided that the provisions of this article and Article I of this chapter are fully complied with.[1]
[1]
Editor's Note: Amended 12-10-2012 by Ord. No. 2012-001. Original Secs. 11-4-2 through 11-4-9, which immediately followed this section, were repealed 12-10-2012 by Ord. No. 2012-001. See §§ 125.07, 125.085 and 125.09, Wis. Stats., adopted by reference in § 383-1 of this chapter and § 944.36, Wis. Stats., adopted by reference in § 468-1 of this Code.
C.
City of Marion entities, including the Fire Department and Parks
Department , may sell fermented malt beverages in City parks and buildings
at authorized events. Pursuant to § 125.06(6), Wis. Stats.,
no license shall be required for such sales. Any sales made under
the provision of this subsection shall be made only by officers and/or
employees of the City of Marion in accordance with state law.
[Added 9-12-2016 by Ord.
No. 2016-005]
