City of Lancaster, WI Alcohol Beverages

The provisions of Ch. 125, Wis. Stats., including all subsequent revisions and amendments thereto, defining and regulating the sale, procurement, dispensing and transfer of alcohol beverages, including provisions relating to minors and persons under the legal drinking age, are adopted and made a part of this article by reference. A violation of any of such provisions shall constitute a violation of this article.

§ 142-2 Licenses, permits and authorization required.

When required. Except as provided by § 125.06, Wis. Stats, no person shall, within the City of Lancaster, serve, sell, manufacture, rectify, brew or engage in any other activity for which this article or Ch. 125, Wis. Stats., requires a license, permit or other authorization without holding the appropriate license, permit or other authorization as provided in this article. See § 125.04(1), Wis. Stats.

Separate license required for each place of sale. Except for licensed public warehouses, a license shall be required for each location or premises where alcohol beverages are stored, sold or offered for sale. See § 125.04(9), Wis. Stats.

§ 142-3 Classes of licenses and fees.

The following classes and denominations of licenses may be issued by the City Clerk/Treasurer under the authority of the Council upon compliance with law and payment of the fee specified in § 290-1, which when so issued shall permit the holder to sell, deal or traffic in alcohol beverages as provided in the referenced state statute. Except as otherwise provided in this article, the full license fee shall be charged for the whole or fraction of any year.

Class "A" beer license. See § 125.25, Wis. Stats.

Class "B" beer license. See § 125.26, Wis. Stats.[1]

[1]

Editor's Note: Original § 12.03(3)(c), Wholesaler's beer license, which immediately followed this subsection, was repealed 11-17-2014 by Ord. No. 2014-05.

Retail "Class A" liquor license. See § 125.51(2)(d), Wis. Stats.

Retail "Class B" liquor license. A retail "Class B" liquor license shall permit its holder to sell liquor in original packages or containers in multiples not to exceed four liters at any one time to be consumed off the licensed premises. See § 125.51(3), Wis. Stats.

"Class B" reserve liquor license. See § 125.51(3)(e), Wis. Stats.

"Class C" wine. See § 125.51(3m)(e), Wis. Stats.

Provisional Class "A" beer, "Class A" liquor, Class "B" beer, "Class A" liquor and "Class C" wine. See § 125.185(3), Wis. Stats. Provisional licenses may be granted by the City Clerk/Treasurer to applicants for a Class "A," Class "B," "Class A," "Class B" or "Class C" license and authorizes only the activities that the type of retail license applied for authorizes. A provisional retail license expires 60 days after its issuance or when the Class "A," Class "B," "Class A," "Class B" or "Class C" license is issued to the holder, whichever is sooner. The Clerk/Treasurer may not grant a provisional license to any applicant who has been turned down for a retail alcohol license.

[Amended 5-19-2008 by Ord. No. 2008-02]

Six-month licenses. One-half of the annual fee for "Class A" liquor or "Class B" liquor and Class "B" beer. See §§ 125.51(9)(b) and 125.26(5), Wis. Stats. [Note: There is no provision for the issuance of a Class "A" beer license for six months. However, a license may be issued for the balance of the year; see the next item. See §§ 125.25(1), 125.26(1) and 125.51(9)(a), Wis. Stats.]

[Amended 11-17-2014 by Ord. No. 2014-05]

Temporary Class "B" (picnic) beer license and a temporary "Class B" (picnic) wine license. See §§ 125.26(6) and 125.51(10), Wis. Stats. Temporary licenses may be granted by the City Clerk/Treasurer to applicants for a Class "B" and "Class B" license, if the applicant has applied for and appears to meet all criteria for the issuance of a temporary Class "B" and "Class B" license.

[Amended 5-19-2008 by Ord. No. 2008-02]

Operator's license. See § 125.17, Wis. Stats.

(1)

Operator's licenses may be granted to individuals by the City Clerk/Treasurer for the purposes of complying with §§ 125.32(2) and 125.68(2), Wis. Stats.

[Amended 6-15-2020 by Ord. No. 2020-09]

(2)

Operator's licenses may be issued only on written application on forms provided by the Clerk/Treasurer.

(3)

Provisional licenses may be granted by the City Clerk/Treasurer to individuals for a period of 60 days, if the individual has applied for and appears to meet all criteria for the issuance of an operator's license. The Clerk/Treasurer may not grant a provisional license to any person who has been turned down for an operator's license. The Clerk/Treasurer shall collect a fee as provided in the City's Fee Schedule at the time of granting the provisional license.

[Amended 11-17-2014 by Ord. No. 2014-05]

(4)

Temporary operator's licenses pursuant to § 125.17(4), Wis. Stats. Temporary licenses may be granted by the City Clerk/Treasurer to individuals only once a year and for any period from one to 14 days, if the applicant has applied for and appears to meet all criteria for the issuance of a temporary operator's license. The Clerk/Treasurer shall collect a fee as provided in the City's Fee Schedule at the time of granting the temporary license.

[Amended 5-19-2008 by Ord. No. 2008-02; 11-17-2014 by Ord. No. 2014-05]

§ 142-4 Proration of license fees.

Class "A" beer, "Class A" liquor, "Class B" liquor, Class "B" beer and "Class C" wine. When a new license is issued, proration of license fee is required on the basis of the number of months or fraction thereof remaining in the licensing year. See §§ 125.25(4), 125.26(4) and 125.51(9)(a), Wis. Stats.[1]

[1]

Editor's Note: Original § 12.03(4)(a), Wholesale beer, which immediately followed this subsection, was repealed 11-17-2014 by Ord. No. 2014-05.

Provisional retail. No proration.

§ 142-5 Refund of license fees.

License fees paid into the local treasury will not be refunded. A municipality is not required to refund a portion of the fees when a license is surrendered, except as set forth in § 290-2C.

§ 142-6 License application.

Form. Application for a license to sell or deal in intoxicating liquor or fermented malt beverages shall be made in writing on forms prescribed by the Wisconsin Department of Revenue, or governing body in the case of an operator's license, and filed with the City Clerk/Treasurer. The premises shall be physically described, including every room and storage space to be covered by the license and including all rooms joined by connecting entrances or not separated by a solid wall.

Application to be notarized. The application shall be signed and sworn to by the applicant as provided by § 887.01, Wis. Stats.

Publication. Prior to issuance of a license under this article, the City Clerk/Treasurer shall publish notice of the application in the official City newspaper.

§ 142-7 License restrictions.

Statutory requirements. Licenses shall be issued only to persons eligible therefor under §§ 125.04, Wis. Stats.

Restrictions on location.

(1)

No "Class A" or "Class B" license or permit may be issued for premises the main entrance of which is less than 300 feet from the main entrance of any public or parochial school, hospital or church, except that this prohibition may be waived by a majority vote of the governing body of the municipality in which the premises is located. The distance shall be measured by the shortest direct route along the highway from the main entrance of the school, church or hospital to the main entrance to the premises covered by the license or permit. The prohibition in this subsection does not apply to any of the following:

(a)

Premises covered by a license or permit on June 30, 1947.

(b)

Premises covered by a license or permit prior to the occupation of real property within 300 feet thereof by any school, hospital or church building.

(c)

A restaurant located within 300 feet of a church or school. This subsection applies only to restaurants in which the sale of alcohol beverages accounts for less than 50% of their gross receipts.

Violators of liquor or beer laws or ordinances. No retail "Class A," Class "A," "Class B" or Class "B" license shall be issued to any person who has been convicted of a violation of any federal or state liquor or fermented malt beverage law or the provisions of this article or whose license has been revoked under § 125.12, Wis. Stats., during one year prior to such application. A conviction of a member of a partnership or the partnership itself shall make the partnership or any member thereof ineligible for such license for one year.

[Amended 11-17-2014 by Ord. No. 2014-05]

Health and sanitation requirements. No retail "Class B" or Class "B" license shall be issued for any premises which does not conform to the sanitary, safety and health requirements of the State Department of Safety and Professional Services pertaining to buildings and plumbing, to the rules and regulations of the State Department of Health Services applicable to restaurants and to all such ordinances and regulations adopted by the Council.

[Amended 11-17-2014 by Ord. No. 2014-05]

License quota. The number of persons and places that may be granted a retail "Class B" liquor license under this article is limited as provided in § 125.51(4), Wis. Stats.

Corporations. No license shall be granted to any corporation when more than 50% of the voting stock or legal or beneficial interest is held by any person or persons not eligible for a license under this article.

Age requirement. No license hereunder shall be granted to any person who has not attained the legal drinking age, except that an operator's license may be issued to a person who has attained the age of 18.

[Amended 11-17-2014 by Ord. No. 2014-05]

Effect of revocation of license. Twelve months shall elapse before another license shall be granted to the person whose license was revoked.

Delinquent taxes, assessments and claims. No license shall be granted for any premises for which taxes, assessments or other claims of the City are delinquent and unpaid, or to any person delinquent in payment of such claims, including unpaid forfeiture judgments, to the City.

Issuance for sales in dwellings prohibited. No license shall be issued to any person for the purpose of possessing, selling or offering for sale any alcohol beverages in any dwelling house, flat or residential apartment.

§ 142-8 Form and expiration of licenses.

All licenses shall be numbered in the order in which they are issued and shall state clearly the specific premises for which granted, the date of issuance, the fee paid and the name of the licensee and, unless sooner revoked, shall expire on June 30 thereafter except as otherwise provided by law. The City Clerk/Treasurer shall affix his or her seal as required by Ch. 125, Wis. Stats.

§ 142-9 Transfer of licenses.

As to person. No license shall be transferable as to licensee except as provided by § 125.04(12), Wis. Stats.

As to place. Licenses issued pursuant to this article may be transferred to another premises once during any license year as provided in § 125.04(12), Wis. Stats. Application for such transfer shall be made on blanks furnished by the State Department of Revenue. Proceedings for transfer shall be had in the same manner and form as the original application. The fee for such transfer shall be as provided in the City's Fee Schedule.

[Amended 11-17-2014 by Ord. No. 2014-05]

§ 142-10 Posting and care of licenses.

Every license or permit required under this article shall be framed and posted and at all times displayed as provided in § 125.04(10), Wis. Stats. No person shall post such license or permit any other person to post it upon premises other than those mentioned in the application, or knowingly deface or destroy such license.

§ 142-11 Regulation of licensed premises and licensees.

Gambling and disorderly conduct prohibited. Each licensed and permitted premises shall at all times be conducted in an orderly manner; and no disorderly, riotous or indecent conduct or gambling shall be allowed at any time on any such premises.

Employment of underage person. No licensee shall employ any underage person to serve, sell, dispense or give away any alcohol beverage in violation of Ch. 125, Wis. Stats.

Sales by clubs. No club shall sell intoxicating liquors or fermented malt beverages except to members and guests invited by members.

Safety and sanitation requirements. Each licensed premises shall be maintained and conducted in a sanitary manner and shall be a safe and proper place for the purpose for which used.

§ 142-12 Closing hours.

No premises for which an alcohol beverage license has been issued shall remain open for the sale of alcohol beverages:

[Amended 11-17-2014 by Ord. No. 2014-05]

(1)

If a retail "Class A" license, between 9:00 p.m. and 6:00 a.m. on all days.

(2)

If a retail "Class B" or Class "B" license, between 2:00 a.m. and 6:00 a.m. on Monday through Friday and 2:30 a.m. to 6:00 a.m. on Saturday and Sunday, with the following exceptions: on January 1, when the closing hours shall be between 3:00 a.m. and 8:00 a.m., and in those years when Christmas shall fall on a Sunday, such premises may remain open between the hours of 8:00 a.m. and 12:00 midnight. On that day of each year when the standard of time is advanced under § 175.095, Wis. Stats., the closing hours shall be between 2:00 a.m. and 8:00 a.m. No package, container or bottle sales may be made after 12:00 midnight.

Restrictions on Sunday sale shall not apply to premises licensed under a retail "Class B" license when New Year's Day shall fall on a Sunday. Licensed premises may remain open on New Year's Day when the same falls on a Sunday from 8:00 a.m. to 1:00 a.m. of the following Monday.

Hotels and restaurants whose principal business is the furnishing of food or lodging to patrons, and bowling alleys and golf courses, may remain open for the conduct of their regular business but no intoxicating liquors or fermented malt beverages shall be sold during prohibited hours.

§ 142-13 Revocation and suspension of licenses.

Procedure. Whenever the holder of any license under this article violates any portion of this article, proceedings for the revocation or suspension of such license may be instituted in the manner and under the procedure established by § 125.12, Wis. Stats., and the provisions therein relating to granting a new license shall likewise be applicable.

Effect of revocation. See § 142-7H of this article.

§ 142-14 Nonrenewal of licenses.

Before renewal of any license issued under this article is refused, the licensee shall be given written notice of any charges or violations or the reasons proposed for nonrenewal and a copy of any proposed motion for nonrenewal and shall have an opportunity to be heard before the Council.

§ 142-15 Violations by agents and employees.

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

§ 142-16 Violations and penalties.

Except as otherwise specifically provided in this article, any person found to be in violation of any provision of this article shall be subject to a penalty as provided in § 1-4 of this Municipal Code. Such penalty may be in addition to the revocation, suspension or nonrenewal of any license or permit issued under the provisions of this article.

Article II Consumption in Public Places

[Adopted 8-15-2005 by Ord. No. 2005-06 as §§ 9.16 and 9.30(1) of the 2005 Code]

§ 142-17 Consumption of alcohol beverages in public places.

No person shall possess any open container of alcohol beverage or consume any alcohol beverage on any street, sidewalk, municipal parking lot or other parking lot held out for public use unless such use is approved by and the responsible parties granted appropriate license by the Common Council.

§ 142-18 Violations and penalties.

Except as otherwise provided in this article, any person who shall violate any provision of this article shall be subject to a penalty as provided in § 1-4 of this Municipal Code.