[Adopted as Ch. 9, Secs. 9.08 and 9.25, of the 1991 Municipal
Code]
As used in this article, the following terms shall have the
meanings indicated:
LICENSED PREMISES
The area within a building or structure which is licensed pursuant to Article
II, Licenses and Regulations, of this chapter, but not including parking lots, sidewalks, roadways or land which is adjacent to the building or structure and within the property boundary lines.
PUBLIC PARKING LOT
Any area held out to the public for the parking of motor
vehicles, whether such area is publicly or privately owned.
PUBLIC PROPERTY
Any property, including buildings or structures thereon,
which is owned, leased or operated by the City, or public, private
or parochial schools; public sidewalks; roadways and streets; playgrounds;
parks; and alleys.
No person shall consume any fermented malt beverage or intoxicating
liquor in or upon any public property or public parking lot.
No person who has purchased fermented malt beverages or intoxicating
liquor from any Class B licensed premises shall consume said beverages
or liquor outside of such premises.
Any person who shall violate any provision of this article shall be subject to a penalty as provided in §
1-3 of the Code of the City of Markesan.
[Adopted as Ch. 12, Secs. 12.02 and 12.15, of the 1991 Municipal
Code]
[Amended 4-14-2015 by Ord. No. 233]
The provisions of Ch. 125, Wis. Stats., relating to the sale
of intoxicating liquor and fermented malt beverages are hereby adopted
and made a part of this section by reference. A violation of any such
provision shall constitute a violation of this article.
As used in this article, the following definitions apply:
LICENSED ESTABLISHMENT
Any establishment licensed by the Common Council to sell
alcohol beverages pursuant to Ch. 125, Wis. Stats.
[Added by Ord. No. 223]
LICENSEE
The holder of a retail "Class A," "Class B," Class "A," Class
"B" or Class "C" license granted by the Common Council pursuant to
Ch. 125, Wis. Stats.
[Added by Ord. No. 223]
OUTDOOR AREA
An area, whether or not enclosed by a roof, which is open
to the elements, and which is not constructed for year-round use.
[Added by Ord. No. 223]
OUTDOOR PREMISES
A licensed premises located in an outdoor area.
[Added by Ord. No. 223]
The Clerk-Treasurer shall notify the Chief of Police of each
new license and permit application and these officials shall review
such application and inspect, or cause to be inspected, the premises
to determine whether the applicant and the premises sought to be licensed
comply with the regulations, ordinances and laws applicable thereto.
The Chief shall furnish to the Common Council, in writing, the information
derived from such investigation. No license shall be renewed without
a report from the Chief of Police.
[Amended by Ord. No. 130; Ord. No. 164; Ord. No. 223; 4-14-2015 by Ord. No.
233]
Licenses issued for less than 12 months shall be prorated. The
fees for issuance of fermented malt beverage and intoxicating liquor
licenses for the following shall be as set from time to time by resolution
of the Common Council:
A. Class "B" fermented malt beverage license.
B. Retail Class "A" fermented malt beverage. See § 125.25,
Wis. Stats.
C. Temporary Class "B" licenses.
(1) Picnic license, beer. Issued to organizations enumerated in § 125.26(6),
Wis. Stats., to sell or serve fermented malt beverages at a picnic,
meeting or gathering.
(2) Picnic license, wine. Except that no fee shall be charged in the event a license under Subsection
C(1) above is simultaneously issued. See § 125.51(10), Wis. Stats.
[Amended 4-14-2015 by Ord. No. 233]
(3) The Clerk-Treasurer, upon the recommendation of both the Police Chief
and Mayor, may issue a picnic license to an organization who has applied
for a Temporary Class "B" picnic license.
[Added 4-26-2018 by Ord.
No. 240]
D. "Class B" intoxicating liquor license, except the license fee for
bona fide clubs and lodges situated and incorporated or chartered
in the state for at least six years shall be a separately designated
amount, as provided in § 125.51(3)(e), Wis. Stats.
E. Retail "Class A" intoxicating liquor license. See § 125.51(2),
Wis. Stats.
F. Operator's license. Effective July 1, 1991, no new operator's license
shall be granted unless the applicant has successfully completed a
responsible beverage server training course which is approved by the
Wisconsin Department of Revenue or is otherwise exempt from such requirement
under § 125.17(6)(a), Wis. Stats. The Clerk-Treasurer may
issue a provisional operator's license to a person who is enrolled
in said training course and shall revoke such license if the applicant
fails to successfully complete the course.
[Amended 4-14-2015 by Ord. No. 233]
G. Provisional license. See § 125.17(5), Wis. Stats.
(1) The Clerk-Treasurer, upon the recommendation of the Police Chief,
may issue a provisional operator's license to a person who has applied
for an operator's license.
(2) No such license shall be issued unless the applicant is enrolled in a responsible beverage server training course as provided in Subsection
G above. (Effective July 1, 1991)
H. Transfer of license to another premises.
No person shall vend, sell, deal or traffic in, or, for the
purpose of evading any law or ordinance, give away any liquor or fermented
malt beverages, or cause the same to be done, without having procured
a license as provided in this article nor without complying with all
provisions of this article, and all statutes, ordinances and regulations
applicable thereto. A license shall be required for each stand, place,
room or enclosure or for each suite of rooms or enclosures which are
in direct connection or communication to each other where liquor and
fermented malt beverages are kept, sold or offered for sale; no license
shall be issued to any person for the purpose of possessing, selling
or offering for sale any liquor or fermented malt beverage in any
dwelling, house, flat or residential apartment.
In addition to the conditions and restrictions imposed by state
law on the granting of Class A and Class B fermented malt beverage
licenses and intoxicating liquor licenses hereunder, the following
conditions and restrictions shall apply:
A. Consent to inspection of premises. It shall be a condition of any
license issued hereunder that the licensed premises may be entered
and inspected at any reasonable hour by any police officer of the
City without any warrant, and the application for a license hereunder
shall be deemed a consent to this provision. If such inspection is
denied, such denial shall be deemed a violation of this section.
B. Violation by agents or employees. A violation of this section by
a duly authorized agent or employee of a licensee shall constitute
a violation of the licensee.
C. Sales to underage persons prohibited. No alcohol beverage shall be
sold, dispensed, given away or furnished to any underage person unless
he is accompanied by a parent, guardian or spouse who has attained
the legal drinking age.
D. Sales by clubs. No club shall sell intoxicating liquors or fermented
malt beverages except to members and guests invited by members.
E. Commencement of operations. Within 90 days after the issuance of
a "Class B" intoxicating liquor license or a Class "B" fermented malt
beverage license, the licensee shall be open for business with adequate
stock and equipment. Upon his failure to do business within such time,
his license shall be subject to revocation by the Common Council after
a public hearing. The Common Council may, for a good cause shown,
extend such ninety-day period.
F. Cessation of operations. If any licensee shall suspend or cease doing
business for 90 consecutive days or more, his "Class B" intoxicating
liquor license or his Class "B" fermented malt beverage license shall
be subject to revocation by the Common Council after a public hearing.
The Common Council may, for a good cause shown, extend such ninety-day
period.
G. Transfer of license. No license shall be transferable from person
to person except as provided in § 125.04(12)(b), Wis. Stats.,
or from place to place, except as provided in § 125.04(12)(a),
Wis. Stats.
H. Safety and health requirements. No retail Class B license shall be
issued unless the premises to be licensed conform to the sanitary,
safety and health requirements of the State Building Code, the State
Plumbing Code and the rules and regulations of the State Department
of Health Services applicable to restaurants, and also shall conform
to all ordinances and regulations of the City.
I. Outdoor beer gardens. No holder of a "Class B," Class "B" and/or
"Class C" license may operate said license in any outdoor area, unless
said outdoor area was included in a description of the premises, with
said outdoor area also being subject to all State and City laws, rules,
regulations, and lawful orders governing "Class B," Class "B," and/or
"Class C" premises.
[Amended by Ord. No. 223]
(1) The outdoor premises shall be used for an outdoor smoking area serving
food and alcohol. This subsection does not affect the licensing provisions
for fraternal, volunteer or nonprofit organizations.
[Amended 7-12-2022 by Ord. No. 267]
(2) Lighting of the area shall be shielded and not be of intensity or
brilliance to create glare which is distracting to adjoining property
owners or can become a hazard or danger to vehicular traffic.
J. City taxes and claims. No license shall be granted for operation
on any premises upon which personal property taxes or assessments
or other financial claims of the City are delinquent and unpaid.
K. 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 permitted at any time on any licensed
premises.
[Amended by Ord. No. 223]
L. Wearing apparel. All persons involved in the operation of any licensed
premises under this section, whether as licensee, member of the immediate
family of the licensee, licensed operator, unlicensed operator under
the supervision of the licensee or licensed operator, waiter, waitress,
entertainer, dancer or any other employee, shall observe the following
applicable minimum standards for such licensed premises:
(1) The costume, uniform or attire of any female shall be of nontransparent
material and must completely cover the breasts at all times. The lower
portion of such costume, uniform or attire must be of nontransparent
material and completely cover the pubic area, genitals and the buttocks
at all times.
[Amended 4-14-2015 by Ord. No. 233]
(2) The costume, uniform or attire of any male shall be of nontransparent
material and must completely cover the pubic area, genitals and buttocks
at all times.
M. Posting of licenses required. Licenses or permits issued under this
section shall be posted and displayed as provided in § 125.04(10),
Wis. Stats., and any licensee or permittee who shall fail to post
his license or permit as therein required shall be presumed to be
operating without a license.
N. License holders shall be directly responsible for the conduct of their employees and patrons. In addition to any violation as set forth in § 125.12(2), Wis. Stats., three or more citations issued by the Police Department resulting in successful convictions against the license holder during a license period, i.e., July 1 to June 30, shall constitute sufficient grounds to suspend or revoke the license, subject to the hearing requirement under §
200-20 of this chapter. Multiple citations issued at the same incident shall be viewed as one citation for purposes of this section.
[Amended by Ord. No. 224; 4-14-2015 by Ord. No.
233]
No premises for which an alcohol beverage license has been issued
shall remain open for the sale of alcohol beverages, as follows:
A. Wholesale license. Between 5:00 p.m. and 8:00 a.m., except Saturdays
when the closing hour shall be 9:00 p.m.
B. Retail Class B license. No premises for which a retail Class B liquor
and malt beverage license has been issued shall be permitted to remain
open for sale of alcohol beverages between the hours of 2:00 a.m.
and 6:00 a.m., except on Saturday and Sunday the closing hour shall
be 2:30 a.m.; on January 1, there are no closing hours.
C. Retail
Class A license. No premises for which a retail Class A liquor or
malt beverage license has been issued shall remain open for the sale
of alcohol beverages between the hours of 12:00 midnight and 6:00
a.m. Class A premises may remain open during those hours for the conduct
of any other regular business, but may not sell alcohol beverages
during closing hours.
[Added 4-14-2015 by Ord.
No. 233]
D. Hotels and restaurants. Hotels and restaurants, the principal business of which is the furnishing of food and/or lodging to patrons, shall be permitted to remain open after closing hours for the conduct of regular business, but shall not sell alcohol beverages during the closing hours stated in Subsection
B above.
E. Presence on premises after closing hour restricted.
(1) Any person who is not an employee of the licensee who remains on
the premises after the designated closing hour is subject to the penalties
as provided in this chapter.
(2) Any person, while on the premises after closing hours, must be actively
engaged in bona fide business activities and may not consume alcohol
beverages.
Except as otherwise specifically provided in this article, any person who shall violate any provision of this article or any order, rule or regulation made hereunder shall be subject to a forfeiture as provided in §
1-3 of the Code of the City of Markesan.