City of Fond du Lac, WI
Fond du Lac County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Fond du Lac 6-23-1993 by Ord. No. 2679 as §§ 9.02, 12.03 and 12.35 of the 1993 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building, plumbing, heating and electrical standards — See Ch. 255.
Fires and fire prevention — See Ch. 343.
Food and food-handling establishments — See Ch. 356.
Licenses and permits — See Ch. 433.
Nuisances — See Ch. 476.
Peace and good order — See Ch. 500.
Streets and sidewalks — See Ch. 568.
[Amended 8-14-2013 by Ord. No. 3523; 2-14-2018 by Ord. No. 3652]
The provisions of Ch. 125, Wis. Stats., defining, describing and regulating the sale, procurement, dispensing, consumption and transfer of alcohol beverages, including provisions related to underage persons and social hosts, are hereby adopted in their entirety and as subsequently amended thereafter. Violation of any such provision shall constitute a violation of this chapter. Penalties for violations by or relating to sale, procurement, dispensing or transfer to underage persons shall strictly conform to the penalties imposed for violations of identical offenses defined and described in Ch. 125, Wis. Stats.
[Amended 8-14-2013 by Ord. No. 3523]
This chapter is in addition to state law, and a prosecution under state law shall not preclude City prosecution hereunder.
[Amended 8-14-2013 by Ord. No. 3523; 4-24-2014 by Ord. No. 3544]
By filing an application for a license authorized by this chapter, the applicant consents that the Council may make any rule or regulation, or alteration or amendment, to this chapter at any time during the period for which such license is granted.
[Amended 2-9-2011 by Ord. No. 3452-A; 3-9-2011 by Ord. No. 3455; 7-27-2011 by Ord. No. 3465; 8-14-2013 by Ord. No. 3523; 4-24-2014 by Ord. No. 3544; 4-8-2015 by Ord. No. 3579]
A. 
(Reserved)
B. 
(Reserved)
C. 
One "Class B" intoxicating liquor license or Class "B" fermented malt beverage license shall be granted for each 500 residents of the City. No person shall hold more than one Class B intoxicating liquor and/or fermented malt beverage license in the City.
[Amended 4-24-2014 by Ord. No. 3544]
[Amended 8-14-2013 by Ord. No. 3523]
A. 
The City Clerk shall notify the Chief of Police, Fire Chief and Building Inspector of each application, and those officials shall inspect or cause to be inspected each application and the premises and conduct 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, the information derived from such investigation, accompanied by a recommendation as to whether a license should be granted or refused.
[Amended 4-24-2014 by Ord. No. 3544]
B. 
In determining the suitability of any applicant, consideration shall be given to the financial responsibility of the applicant, the appropriateness of the location and the premises proposed and, generally, the applicant's fitness for the trust to be reposed.
C. 
No license shall be renewed without a reinspection of the premises and reports as originally required.
[Amended 9-12-2007 by Ord. No. 3334; 5-14-2008 by Ord. No. 3359; 11-9-2011 by Ord. No. 3478; 8-14-2013 by Ord. No. 3523]
A. 
Application. This section applies to the application for and issuance of all Class "A," "Class A," Class "B" (including combination "Class B" and Class "B" and reserve "Class B"), and "Class C" licenses, and any combination thereof, and does not apply to operator's licenses, or temporary licenses or permits of any kind, or any other license or permit described in Ch. 125, Wis. Stats., except as stated above.
[Amended 4-24-2014 by Ord. No. 3544; 8-27-2014 by Ord. No. 3562]
B. 
Policy and application. The City of Fond du Lac wishes to establish a policy for the issuance of licenses for the sale and alcoholic beverages which reflects the values of the community and which serves to protect the public health, safety, general welfare, and property values. To this end, licenses to sell or serve alcoholic beverages shall receive a high level of review.
[Amended 4-24-2014 by Ord. No. 3544]
C. 
Alcohol Licensing Committee. There is hereby created an Alcohol Licensing Committee, which shall be advisory to the City Council and shall review all applications for new licenses as well as all disciplinary procedures and issues as to whether a licensee has abandoned the licensed business within the meaning of § 400-9B. In addition, the Alcohol Licensing Committee shall perform such other duties as may be assigned to it from time to time by the City Council. The Alcohol Licensing Committee shall be made up of five members, of which one shall be a member of the City Council. The other four regular members and two alternate members shall be adult residents of the City of Fond du Lac. The four resident members and the two alternate members of the Committee shall be recommended by the City Manager and appointed by the City Council. Resident member and alternate member terms shall be for three years, with a limit of three consecutive terms, except that the initial four resident members shall have terms as follows: one member for one year, one member for two years and two members for three years, as designated by the City Council. An alternate member shall serve on the Committee whenever one of the regular members of the Committee is unavailable. The Council member shall be appointed by the City Council, with the initial term of the first City Council person so appointed continuing until the next organizational meeting. Thereafter, the City Council member of the Committee shall be appointed annually at the City Council organizational meeting, with no limit on the number of consecutive terms a Council member may serve. Staff assistance shall be provided to the Committee by City staff as designated by the City Manager. Staff shall provide a recommendation to the Committee as to the disposition of all applications for new licenses and disciplinary cases as well as issues of abandonment of licensed businesses.
[Amended 4-24-2014 by Ord. No. 3544]
D. 
Applications for new licenses. The Alcohol Licensing Committee and the City Council shall consider a number of factors in reviewing and judging the adequacy of applications, including but not limited to the character, background, and experience of the applicant; the nature of the proposed use; the condition of the building; compatibility with the neighborhood; safety at the proposed location; economic development considerations; zoning and land use; and any other factor that the Committee or the Council finds germane to the proposal. Without limiting the generality of the forgoing, applications for new liquor licenses shall include consideration of the factors below. Appropriate City staff shall include the City Manager, the Community Development Department, the City Clerk's office, the City Attorney's office and other staff as deemed necessary or desirable. It is not necessary that all of the foregoing participate in any particular recommendation. Rather, it is the intent that the makeup of staff involved be flexible to meet the needs of the particular situation. The Committee shall take the recommendation and the factors into account and formulate a recommendation to the City Council.
[Amended 4-24-2014 by Ord. No. 3544]
(1) 
Factors for judging new license applications:
(a) 
Character of applicant, agent, managerial personnel, and owners.
(b) 
Experience of applicant and manager in operating a licensed establishment.
(c) 
History of applicant and manager in operation of licensed establishments.
(d) 
History of premises.
(e) 
Design, type, and size of the proposed establishment.
(f) 
Proximity to other licensed establishments.
(g) 
Proximity to residential buildings or areas.
(h) 
Ability of Police Department to ensure public safety at this location.
(i) 
Condition of building/premises.
(j) 
Compatibility of proposed use with neighborhood.
(k) 
Zoning and land use considerations.
(l) 
Likely impact on property values.
(m) 
Economic development considerations.
(n) 
Other considerations.
(2) 
Ranking applications. When judging between applications, those applications shall be kept on a waiting list. Time on the list shall not create any preference. As licenses become available, applications on the list will be reviewed by the Committee, and the Committee shall recommend which applications, in order of priority, should be granted.
(3) 
Application for corporate license. All applications for corporate licenses shall contain the following information, as stated in the last annual report of the corporation:
(a) 
A copy of the Articles of Incorporation, unless such application is for renewal of existing license, and a copy of any amendments to the Articles of Incorporation that have been filed with the Secretary of State and have not previously been filed with the City Clerk.
(b) 
A list of the officers and directors of the corporation with their residences.
(c) 
A list of the stockholders of the corporation, together with the extent of their ownership, and their residences.
(d) 
A statement by the applicant showing whether any corporate officers, directors or stockholders of the applicant hold any office or stock in a corporation holding a Class A or Class B beer or liquor license in any part of the State of Wisconsin.
(4) 
Application for limited liability company license.
(a) 
All applications for limited liability company licenses shall contain the following information:
[1] 
A copy of the articles of organization, unless such application is for renewal of an existing license, and a copy of any amendments to the articles of organization that have not previously been filed with the City Clerk.
[2] 
A list, kept in alphabetical order, of each past and present member and, if applicable, manager. The list shall include the full name and last known mailing and residence address of each member or manager, the date on which the person became a member or manager and the date, if applicable, on which the person ceased to be a member or manager.
[3] 
A copy of the operating agreement and all amendments to the operating agreement.
[4] 
Unless set forth in the operating agreement, the value of each member's contribution to the limited liability company as determined under § 183.0501(2), Wis. Stats.
[5] 
A statement by the applicant showing whether any members or managers of the applicant hold any office or stock in a corporation or limited liability company or are members or managers of any limited liability company holding a Class A or Class B beer or liquor license in any part of the State of Wisconsin.
(b) 
For purposes of this subsection, the term "manager" is defined as in § 183.0102, Wis. Stats.
E. 
Reserve licenses. Application for reserve licenses shall be considered in the same manner as regular licenses, but reserve licenses shall only be issued after all regular licenses are issued. The initial reserve license fee shall be $10,000 as prescribed by state law and shall be retained by the City to help defray costs of the City's alcohol licensing and enforcement efforts, including, without limitation, any license hearings, educational courses for license holders and their employees and the like. This initial fee is in addition to all other fees as required by law.
F. 
Renewing licenses. Renewal of existing licenses shall be handled by the City Council and the Committee shall have no role in that process, unless requested by the City Council.
G. 
Abandonment of business. In determining whether or not a license holder has abandoned the licensed business within the meaning of § 400-9, the Alcohol Licensing Committee shall examine the facts and circumstances and shall report its findings along with any recommendations to the City Council. In making its determination and any recommendation, the Alcohol Licensing Committee shall consider, in addition to any other factors it deems relevant, the recommendation of staff and the following factors. It is not intended that these factors limit the discretion of the Alcohol Licensing Committee, rather that they provide guidelines in making a determination and recommendation.
(1) 
Factors of interest if the business has never opened:
(a) 
Period of time since the City Council granted the license.
(b) 
Reason for not opening.
(c) 
If new construction or remodeling, the anticipated period of construction or remodeling.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(d) 
Unanticipated or intervening circumstances since granting of license.
(e) 
Progress or lack thereof toward opening.
(f) 
Updated business plan and anticipated timelines since granting of license.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(g) 
Such other facts and/or circumstances that are deemed relevant.
(2) 
Factors of interest if the business has ceased or suspended operations:
(a) 
Period of time since cessation or suspension of business.
(b) 
Reason for suspension or cessation of business.
(c) 
Current business plan of licensee and licensee's anticipated timeline for action.
(d) 
Progress or lack thereof toward anticipated action.
(e) 
Such other factors and/or circumstances that are deemed relevant.
[Added 9-12-2007 by Ord. No. 3334; amended 8-14-2013 by Ord. No. 3523]
A. 
System created. There is hereby established a point system for the purpose of guiding the Alcohol Licensing Committee in making recommendations on possible suspensions or revocations of alcohol beverage licenses. The number of demerit points shall be assigned according to the type of violation. The system is intended to identify habitually troublesome liquor licensees who repeatedly violate state statutes and/or City of Fond du Lac ordinances and to take consistent action against such licensees.
B. 
Assignment of points. There are hereby assigned the following demerit points for each type of violation:[1]
Types of Violations
Ordinance/Law
Demerit Points
(per incident)
Refusal to allow police to search premises or refusal to cooperate with lawful investigation by police or Department of Revenue
§ 946.41, Wis. Stats.
150
Refusal to cooperate with Fire Chief or designee
City Code Chapters 69 and 343
150
Conducting unlawful business
City Code Chapter 400
150
Nude or seminude entertainer/employee on premises unless permitted by law
City Code Chapter 400
150
Owner/employee selling controlled substances
City Code § 500-5; Ch. 961, Wis. Stats
150
Illegal drug paraphernalia on premises
Ch. 961, Wis. Stats.
100
Unauthorized transfer/use of license
City Code Chapter 400
90
Exceeding posted occupancy capacity
City Code §§ 255-2 and 343-3
80
Sale of alcohol to person under age 21 without parent, guardian or spouse of legal drinking age
City Code Chapter 400
80
Person under age 21 on premises without parent, guardian or spouse of legal drinking age
City Code Chapter 400
80
Sale to intoxicated person
City Code Chapter 400
80
False statement on application
City Code Chapter 400
70
Delinquent taxes, assessments
§ 433-2E
150
Failure to maintain order; fights/disorderly conduct, Police Department not notified by bar
§ 947.01, Wis. Stats.
45
Failure to maintain order; fights/disorderly conduct, Police Department notified by bar
§ 947.01, Wis. Stats.
10
Littering by patrons or employees
City Code § 568-9
10
Unnecessary loud noise
City Code § 500-3
45
Public consumption outside tavern property
City Code § 400-15
45
Open after hours
City Code Chapter 400
45
No licensed bartender on premises
City Code Chapter 400
40
Unlicensed amusement devices on premises
City Code § 208-8C
30
After hours carry-outs
City Code Chapter 400
30
Failure to display license
City Code Chapter 400
25
Penalty enhancer for severe offenses; enhanced penalty for conduct which (1) results in bodily harm to any individual; (2) creates a substantial risk of death or bodily harm; (3) involves the use of a firearm or other dangerous weapon; or demonstrates an ongoing disregard for the requirements of state law or municipal ordinances
Up to 150 additional points
Health Code
Noncritical violation
City Code Chapters 356, 476 and 556
25
Critical violation
City Code Chapters 356, 476 and 556
80
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Method of determination. In determining the accumulated points, the date of the violation is used as the basis for assigning the demerit points per incident. A conviction for a violation is not necessary to assign points. That decision is made by the Chief of Police or his designee based on his analysis of the violation.
D. 
Point notification. The Police Department will notify the Alcohol Licensing Committee and the license holder of any incidents which result in the assessment of demerit points.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Point reduction courses. During any demerit point counting period, a licensee may regain up to 50 demerit points for that period by successfully completing courses sanctioned for that purpose by the City of Fond du Lac Police Department. The number of demerit points returned for each successfully completed course shall also be determined by the Police Department.
[Added 9-12-2007 by Ord. No. 3334]
A. 
Hearings and recommendations. The Alcohol Licensing Committee is hereby designated as the duly authorized committee that shall hold hearings as prescribed in § 125.12, Wis. Stats. As provided by law, after the hearing the Alcohol Licensing Committee shall submit a report to the City Council, including findings of fact, conclusions of law and a recommendation as to what action, if any, the City Council should take with respect to the license. In making its recommendation, the Committee shall consider, in addition to all other factors it deems relevant, the following guidelines. It is not intended that these guidelines limit the discretion of the Alcohol Licensing Committee, rather that they provide guidance in formulating a recommendation.
(1) 
For demerit points totaling 25 to 149 within a rolling twelve-month period, a recommendation that the licensee be warned of the consequences of additional violations.
(2) 
For demerit points totaling 150 to 199 within a rolling twelve-month period, a recommendation of a warning or a suspension of the license for a period of not less than 10 days and up to 90 days.
(3) 
For demerit points totaling 200 or more within a rolling eighteen-month period, a recommendation of a warning or a suspension of the license for a period of not less than 10 days and up to 90 days or of revocation of the license.
B. 
Transfer/sale of licensed business.
(1) 
Upon the transfer or sale of the licensed business, all accumulated demerit points shall be cancelled unless any of the following apply:
(a) 
The new licensee is related to the former owner by blood, adoption or marriage.
(b) 
The new licensee held a business interest in the previous licensed business, real estate or equipment.
(c) 
The former licensee retains an interest in the previous licensed business, real estate or equipment.
(d) 
The new licensee's acquisition of the business did not involve an arm's length transaction consisting of an open market sale in which the owner is willing but not obligated to sell and the buyer is willing but not obligated to buy.
(2) 
If any of the above apply, the new licensee shall inherit the demerit points previously assessed and be subject to the penalties prescribed by law.
C. 
Scope. Nothing in this section shall be construed to conflict with, abridge or modify the rights or procedures established for revocation or suspension of licenses in § 125.12, Wis. Stats.
A. 
Generally. 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, fee paid and the name of the licensee and, except as provided in Subsection B or unless sooner revoked, shall expire on June 30 thereafter, except as otherwise provided.
B. 
Abandonment. Any person holding a license who abandons such business shall forfeit any right or preference he may have had to the holding and renewal of the license. The closing of the premises for 30 days or more shall be prima facie evidence of an abandonment and may trigger a due process hearing to revoke such license.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Picnic licenses may be issued by the Council under § 125.26(6), Wis. Stats. Application shall be filed at least 30 days prior to the date the license is intended to be used, but applications may be accepted within a thirty-day period if the applicant agrees, in writing, to pay the cost of any special meeting of the Council called for the purpose of acting upon the application.
A. 
Regular. Application for an operator's license under § 125.17, Wis. Stats., shall state the name, residence, age, birth date and sex of the applicant, together with other pertinent information as the City Clerk requires, and shall be issued by the Clerk upon approval by the Council.
B. 
Provisional. The City Council may issue a provisional operator's license to a person who is enrolled in a training course under § 125.17(6)(a), Wis. Stats., and shall revoke that license if the applicant fails to successfully complete the course in which he enrolls.
[Amended 7-14-1993 by Ord. No. 2686]
A. 
License required. No holder of a "Class B" liquor or Class "B" fermented malt beverage license shall afford patrons entertainment five or more days per week which specifically features or advertises dancing by the performance of any act, stunt, or dance by performers under his auspices, whether such performers or dancers are paid or not, unless he shall first obtain a cabaret license from the City Clerk.
B. 
License fee. Upon application to the City Clerk and the payment of the fee therefor, a cabaret license will be issued subject to the conditions and regulations set forth in this section. The annual fee shall be set by resolution of the City Council, and the license shall expire on the 30th day of June of each year. A license good for one day only shall require the payment of a fee set by resolution of the City Council after the exclusionary time as set forth in Subsection A.
[Amended 4-24-2014 by Ord. No. 3544]
C. 
Regulations.
(1) 
Entertainers shall not be permitted within three feet of a bar over which patrons are directly served while entertaining.
(2) 
While entertainment is in progress, the dance area shall be illuminated by at least two footcandles per square foot.
(3) 
Good order shall be maintained at all times.
(4) 
The management shall obey all orders or directions of any police officer.
(5) 
The performance of any act, stunt, or dance by performers under the auspices of the management shall be given only on an area separated by a railing or other device from the patrons so as to deter patrons from participating in any act, stunt, or dance.
(6) 
No license holder personally or through his agent or employee shall permit any patron to participate in any act, stunt, or dance with performers who are under the auspices or furnished by management for the purpose of dancing.
(7) 
No patron shall participate in any act, stunt, or dance by performers who appear under the auspices of the management for the purposes of entertainment.
D. 
Penalty. For the violation of this section, the person so convicted thereof shall be subject to a penalty as provided in § 1-4 of this Code.
[Amended 4-24-2014 by Ord. No. 3544]
[Amended 7-14-1993 by Ord. No. 2686; 1-11-2012 by Ord. No. 3482]
Pursuant to authority granted in § 125.32(3)(d), Wis. Stats., no premises for which a retail Class "A" fermented malt beverage license and retail "Class A" intoxicating liquor license has been issued shall sell fermented malt beverages or intoxicating liquors between the hours of 9:00 p.m. and 8:00 a.m.
[1]
Editor’s Note: Former § 400-14, Social host, added 7-13-2011 by Ord. No. 3464, as amended, was repealed 2-14-2018 by Ord. No. 3652.
A. 
On public ways.
[Amended 9-9-2015 by Ord. No. 3588]
(1) 
No person shall have in his possession any open can, bottle or other container containing malt beverages or intoxicating liquor or drink from the same on any public way, public street, sidewalk, boulevard, parkway, safety zone, alley or public parking lot or on or in any motor vehicle parked on a public way, public street, alley or public parking lot except if properly permitted under § 400-16, Commercial quadricycle.
(2) 
No person shall consume any fermented malt beverage or intoxicating liquor or possess any open can, bottle or other container containing fermented malt beverages or intoxicating liquor outside the premises of any tavern on any property contiguous or adjacent thereto if such property is under the control or management of the tavern's license holder, agent or owner, except if properly permitted under § 400-16, Commercial quadricycle.
(3) 
The provisions of Subsection A(2) above shall not apply if the holder of the tavern license first applies to the City Police Department and receives permission to hold a private party or gathering where alcohol beverages will be consumed. Such application shall be made to the Chief of Police or his designated subordinate and shall be such as to satisfy the Chief of the following:
(a) 
The identity of the license holder.
(b) 
The time, place and duration where authorization is requested.
(c) 
The approximate number of persons for whom authorization is requested.
(d) 
The name or names of those persons responsible for conducting the party or gathering.
(4) 
The Chief of Police or his designated subordinate is hereby authorized to grant permission as outlined herein when the information in Subsection A(3) is satisfactorily supplied. In no case shall permission granted under this subsection extend for a period of more than 24 hours.
B. 
Fond du Lac School. No person shall have in his possession or consume any alcohol beverage while on school property, including Fruth Memorial Field.
[Amended 4-24-2014 by Ord. No. 3544]
[Added 9-9-2015 by Ord. No. 3588[1]]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALCOHOL BEVERAGES
Has the meaning given in § 125.02(1), Wis. Stats.
COMMERCIAL QUADRICYCLE
A vehicle with fully operational pedals for propulsion entirely by human power, that has four wheels and is operated in a manner similar to a bicycle, that is equipped with at least 12 seats for passengers, that is designed to be occupied by a driver and passengers providing pedal power to the drive train of the vehicle, that is used for commercial purposes.
FERMENTED MALT BEVERAGES
Has the meaning given in § 125.02(6), Wis. Stats.
B. 
State statutes. Commercial quadricycles operating within the City shall comply with City Code § 241-1, Adoption of statutory provisions, relating to bicycles and play vehicles.
C. 
No person shall drive a commercial quadricycle upon any street, sidewalk or other public place in the City without first registering and obtaining a City license for such commercial quadricycle and securing a license/sticker visible in the proper registration area.
D. 
No person shall park a commercial quadricycle upon any sidewalk or undesignated parking stall. The commercial quadricycle may occupy up to two designated parking stalls.
E. 
License and registration required.
(1) 
Application for registration and license for a commercial quadricycle shall be made by the owner of the quadricycle, in writing, upon forms furnished by the City. Such application shall be signed by the owner and approved by the City Council on an annual basis. The fee for an annual license shall be set by resolution of the City Council and paid to the City prior to issuance of the license. Such license shall be issued on the 15th day of April each year, or thereafter when applied for, and shall expire on the 14th day of April following its issuance.
(2) 
Upon payment of the necessary fees and approval of the City Council, the City may issue or cause to be issued a proper license plate/sticker. Transfer of the license to another person is prohibited.
(3) 
Revocation. A license may be revoked by the City Clerk or his/her designee at the request of the Chief Building Inspector, Fire Inspector, Fire Chief, Police Chief, or any of their designees for any of the following reasons:
(a) 
Failure to comply with any of the provisions of this section of the Code.
(b) 
Violating any state statutes or City Code violations.
(4) 
Any applicant whose license has been denied or revoked under the provisions of this section may appeal said denial or revocation to the City Manager or his designee.
F. 
No person shall possess, transport or consume alcohol beverages in the operation of commercial quadricycles upon any City streets, highways or public places. No person shall operate commercial quadricycles when used for nonrevenue-producing events or transportation in addition to regular commercial activities. The City adopts § 346.945(23)(2)(b), Wis. Stats., and as subsequently amended by this reference.
(1) 
No other alcohol beverage, including intoxicating liquor as defined in Ch. 125, Wis. Stats, may be possessed on, carried upon or consumed upon a commercial quadricycle.
(2) 
The above restrictions shall apply whenever a quadricycle is being used or operated, even if it is for a nonrevenue-producing event or activity.
G. 
Equipment requirements. Commercial quadricycles operating within the City shall be equipped with the following:
(1) 
Hip restraints as defined by the American National Standards Institute (ANSI)/National Golf Carts Manufacturers Association (NGCMA) shall be installed for every seat on the vehicle. The driver of the commercial quadricycle shall not operate the vehicle unless each passenger thereon is wearing a hip restraint. The failure of a passenger to wear a hip restraint shall not be considered evidence of negligence, comparative or otherwise, including apportionment of fault, on the part of the passenger, and shall not be evidence used to diminish any recovery for damages arising out of the ownership, maintenance, occupancy, or operation of a vehicle.
(2) 
Lighting on the vehicle which shall be the following:
(a) 
A light on the front which shall emit a white light visible from a distance of 300 feet to the front.
(b) 
A taillight mounted on the rear, which when lighted shall emit a red light plainly visible from a distance of 500 feet to the rear.
(c) 
A brake light on the rear which shall emit a red light and which shall be actuated upon application of the service (foot) brake and which may, but need not, be incorporated with a taillight. Every brake light shall be plainly visible and understandable from a distance of 300 feet to the rear, both during normal sunlight and at nighttime.
(3) 
Rear signage which shall conform with those standards and specifications adopted by Ch. Trans 304, Wis. Adm. Code, for slow-moving vehicles by the American Society of Agricultural Engineers standard ASAE S276.3, or shall be an emblem of the same shape and size painted on such vehicle in a bright and conspicuous retro reflective red orange paint. Such emblem shall be mounted on the rear of such vehicles, in the approximate horizontal geometric center of the vehicle, at a height of three to five feet above the roadway, and shall be maintained at all times in a clean and reflective condition.
(4) 
A mirror capable of showing the driver a view of the roadway for a distance of 200 feet to the rear of the vehicle.
(5) 
A braking system, operable by the driver, that is capable of overriding all methods of propulsion and bringing the vehicle to a complete stop.
(6) 
A barrier on both sides of bench seating that restricts sliding beyond seating capacity.
H. 
All quadricycles operating for commercial purposes must maintain the following insurance:
(1) 
No owner of a commercial quadricycle or any other person shall operate or authorize any other person to operate a quadricycle for commercial purposes within the City of Fond du Lac unless the owner has in effect a policy of comprehensive general liability insurance issued by an insurance company duly authorized to do business in the State of Wisconsin, which policy provides for the payment of damages for bodily injury, loss of consortium or death of a person, and for injury to or destruction of property of a person or entity, due to the liability of the owner or operator of a quadricycle arising out of the ownership, operation, use, or maintenance of a quadricycle. The policy shall provide coverage with limits in an amount of not less than $1,000,000 per accident. The policy shall provide that the insurer shall give notice of any cancellation or nonrenewal of the policy which is due the named insured.
(2) 
The owner of a quadricycle shall maintain on file with the City of Fond du Lac Comptroller's office a copy of the current policy of comprehensive general liability insurance required by subparagraph (1) above. Failure to comply with this provision shall result in the immediate suspension of the owner's rights and privileges to operate the quadricycle commercially within the City.
I. 
Operator.
(1) 
The operator of a commercial quadricycle must be of legal drinking age as defined in Ch. 125, Wis. Stats., and must have a valid Wisconsin Driver's License to drive/operate a commercial quadricycle in the City of Fond du Lac.
(2) 
No operator of a commercial quadricycle may consume alcohol while the commercial quadricycle is occupied by passengers.
(3) 
No operator may operate a commercial quadricycle while the person has a blood alcohol concentration of more than 0.02.
(4) 
No operator may operate a commercial quadricycle on which any alcohol beverages are carried or consumed other than fermented malt beverages permitted under this section.
(5) 
No person may operate a commercial quadricycle on which any alcohol beverages other than fermented malt beverages are carried or consumed.
(6) 
The owner or operator of a commercial quadricycle shall advise passengers that they may only consume alcohol on quadricycles in compliance with this City ordinance and/or applicable state statute, and shall conspicuously post a notice of these restrictions upon the commercial quadricycle in a form and manner approved by the Fond du Lac City Police Chief or his/her designee.
(7) 
No person shall operate a commercial quadricycle if alcoholic beverages are present, unless all passengers at all times are of legal drinking age as defined in Ch. 125, Wis. Stats.
J. 
Passengers.
(1) 
Passengers on a commercial quadricycle may possess or carry onto the commercial quadricycle not more than the lesser of 12 ounces per half hour of scheduled quadricycle use, per person, or a total of 36 ounces of fermented malt beverages and must be of legal drinking age as defined in Ch. 125, Wis. Stats.
(2) 
No passenger may occupy a commercial quadricycle on a seat equipped with a pedal unless such person is physically able to sit upright in the seat and operate the pedals which power the vehicle.
(3) 
Every passenger on a commercial quadricycle must have access to protective headgear approved by the American National Standards Institute (ANSI) or the Snell Memorial Foundation.
(4) 
No alcohol beverages, including fermented malt beverages, shall be possessed, carried upon or consumed on a commercial quadricycle if any passenger has not attained the legal drinking age as defined in Ch. 125, Wis. Stats.
K. 
No glass beverage containers shall be carried upon a commercial quadricycle while operated on the public way.
L. 
Hours of operation. No person shall operate a commercial quadricycle between the hours of 10:00 p.m. to 11:00 a.m., daily.
M. 
Quadricycle route.
(1) 
The plan of operation of a licensed commercial quadricycle shall be reviewed by City staff and committees as assigned by the City Manager and approved by the City Council. The plan of operation must include the geographic area in which the quadricycle shall routinely operate and may include a description of procedures for notifying police or other authorities when anticipated operation of a commercial quadricycle deviates from customary routes. If alcoholic beverages are being consumed on the quadricycle, the trip must not make any additional stops along the route, except in case of safety requirements.
(2) 
Any deviation from this route may include a description of procedures for notifying police or other authorities when anticipated operation of a quadricycle deviates from customary routes.
N. 
Failure of a licensee to comply with the regulations of this section shall constitute grounds for nonrenewal, suspension or revocation of the license.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 400-16 as § 400-17.
In addition to the suspension or revocation of any license issued under this chapter, and except where otherwise specifically provided, any person found to be in violation of any provisions of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-4 of this Code.