[HISTORY: Adopted by the Common Council of the City of Fox
Lake as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 7, Ch. 2, of the 1997 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 or its 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[1] under the authority of the Common Council, shall permit
its holder to sell, deal and traffic in intoxicating liquors only
in original packages or containers and to be consumed off the premises
so licensed. Such license shall be issued with an effective date of
July 1 but may be issued by the City prior to that date. The license
shall expire on the following June 30.
B.
Retail "Class B" intoxicating liquor license. A retail "Class B"
intoxicating liquor license, when issued by the City Clerk under authority
of the Common Council, shall permit its holder to sell, deal and traffic
in intoxicating liquors to be consumed by the glass only on the premises
so licensed and in the original package or container, in multiples
not to exceed four liters at any one time, to be consumed off the
premises, except that wine may be sold in the original package or
otherwise in any other quantity to be consumed off the premises. Such
license shall be issued with an effective date of July 1 but may be
issued by the City prior to that date. The license shall expire on
the following June 30.
C.
Class "A" fermented malt beverage retailer's license. A Class "A"
fermented malt beverage retailer's license, when issued by the City
Clerk under the authority of the Common Council, shall entitle the
holder thereof to possess, sell or offer for sale fermented malt beverages
only for consumption away from the premises where sold and in the
original packages, containers or bottles. Such license shall be issued
with an effective date of July 1 but may be issued by the City prior
to that date. The license shall expire on the following June 30.
D.
Class "B" fermented malt beverage retailer's license.
(1)
License. A Class "B" fermented malt beverage retailer's license,
when issued by the City Clerk under the authority of the Common Council,
shall entitle the holder thereof to possess, sell or offer for sale
fermented malt beverages to be consumed either 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 shall be issued
with an effective date of July 1 but may be issued by the City prior
to that date. The license shall expire on the following June 30.
(2)
Application. Class "B" licenses may be issued to any person qualified
under § 125.04(5), Wis. Stats. Such licenses may not be
issued to any person acting as agent for or in the employ of another,
except that this restriction does not apply to a hotel or restaurant
which is not a part of or located on the premises of any mercantile
establishment, or to a bona fide club, society or lodge that has been
in existence for at least six months before the date of application.
A Class "B" license for a hotel, restaurant, club, society or lodge
may be issued in the name of an officer who shall be personally responsible
for compliance with this article. Except as provided in § 125.295,
Wis. Stats., Class "B" licenses may not be issued to brewers or brewpubs.
A Class "B" license may not be issued to a person holding a wholesaler's
permit issued under § 125.28, Wis. Stats., or to a person
who has a direct or indirect ownership interest in a premises operating
under a wholesaler's permit issued under § 125.28, Wis.
Stats.[2]
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 and chambers of commerce, to county or local fair
associations or agricultural societies, to churches, lodges or societies
that have been in existence for at least six months before the date
of application, and to posts of veterans organizations authorizing
the sale of fermented malt beverages at a particular picnic or similar
gathering, at a meeting of the post, or during a fair conducted by
the fair association or agricultural society. Such license is valid
for dates as approved by the Common Council.[3]
(2)
Application. Application for such license shall be signed by the
president or corresponding officer of the society or association making
such application and shall be filed with the City Clerk together with
the appropriate license fee for each event for which the license is
sought. Any person fronting for any group other than the one applied
for shall, upon conviction thereof, be subject to a forfeiture of
$200 and will be ineligible to apply for a temporary Class "B" license
for one year. The license shall specify the hours and dates of license
validity. The application shall be filed 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.
F.
Temporary "Class B" wine license.
(1)
License. Notwithstanding § 125.68(3), Wis. Stats., temporary
"Class B" licenses may be issued to bona fide clubs and chambers of
commerce, 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.[4]
(2)
Application. Application for such license shall be signed by the
president or corresponding officer of the society or association making
such application and shall be filed with the City Clerk together with
the appropriate license fee for each event for which the license is
sought. Any person fronting for any group other than the one applied
for shall, upon conviction thereof, be subject to a forfeiture of
$200 and will be ineligible to apply for a temporary "Class B" wine
license for one year. The license shall specify the hours and dates
of license validity. The application shall be filed 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.[5]
G.
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 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 § 314-4 of this article and Ch. 125, Wis. Stats.:
A.
Class "A" fermented malt beverages retailer's license. The annual
fee for this license shall be 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.
"Class A" intoxicating liquor retailer's license. The annual fee
for this license shall be set by the Common Council. The fee for a
license of less than 12 months shall be prorated according to the
number of months or fraction thereof for which the license is issued.
F.
"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. The
fee for a license of less than 12 months shall be prorated according
to the number of months or fraction thereof for which the license
is issued.
G.
"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.
A.
Contents. Application for a license to sell or deal in intoxicating
liquor or fermented malt beverages shall be made in writing on the
form prescribed by the Wisconsin Department of Revenue and shall be
sworn to by the applicant as provided by §§ 887.01
to 887.03, Wis. Stats., and shall be filed with the City Clerk not
less than 15 days prior to the granting of such license. The premises
shall be physically described to include every room and storage space
to be covered by the license, including all rooms not separated by
a solid wall or joined by connecting entrances.
B.
Corporations. Such application shall be filed and sworn to by the
applicant, if an individual, or by the president and secretary, if
a corporation.
C.
Publication. The City Clerk shall publish each application for a
Class "A," Class "B," "Class "A," "Class B" or "Class C" license.
There is no publication requirement for temporary Class "B" picnic
beer licenses under § 125.26, Wis. Stats., or temporary
"Class B" picnic wine licenses under § 125.51(10), Wis.
Stats. The application shall be published once in the official City
newspaper, and the costs of publication shall be paid by the applicant
at the time the application is filed, as determined under § 985.08,
Wis. Stats.
D.
Amending application. Whenever anything occurs to change any fact
set out in the application of any licensee, such licensee shall file
with the issuing authority a notice in writing of such change within
10 days after the occurrence thereof.
E.
License quotas. 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. The number of persons and places that may be granted a retail "Class A" intoxicating liquor license shall be as prescribed by Ch. 125, Wis. Stats.
A.
Residence requirements. A retail Class "A" or Class "B" fermented
malt beverage or "Class A" or "Class B" intoxicating liquor license
shall be granted only to persons who are citizens of the United States
and who have been residents of the State of Wisconsin continuously
for at least 90 days prior to the date of the application.
B.
Applicant to have malt beverage license. No retail "Class B" intoxicating
liquor license shall be issued to any person who does not have or
to whom is not issued a Class "B" retailer's license to sell fermented
malt beverages.
C.
Right to premises. No applicant will be considered unless he has
the right to possession of the premises described in the application
for the license period, by lease or by deed.
D.
Age of applicant. Licenses related to 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)
The City may require that each corporate applicant file with its
application for such license a statement by its officers showing the
names and addresses of the persons who are stockholders together with
the amount of stock held by such person or persons. It shall be the
duty of each corporate applicant and licensee to file with the City
Clerk a statement of transfers of stock within 48 hours after such
transfer of stock.
(3)
Any license issued to a corporation may be revoked in the manner
and under the procedure established in § 125.12, Wis. Stats.,
when more than 50% of the stock interest, legal or beneficial, in
such corporation is held by any person or persons not eligible for
a license under this article or under the state law.
F.
Sales tax qualification. All applicants for retail licenses shall
provide proof, as required by § 77.61(11), Wis. Stats.,
that they are in good standing for sales tax purposes (i.e., hold
a seller's permit) before they may be issued a license.
G.
Connecting premises. Except in the case of hotels, no person may
hold both a "Class A" license and either a "Class B" license or permit,
a Class "B" license or permit, or a "Class C" license for the same
premises or for connecting premises. Except for hotels, if either
type of license or permit is issued for the same or connecting premises
already covered by the other type of license or permit, the license
or permit last issued is void. If both licenses or permits are issued
simultaneously, both are void.
H.
Limitations on other business; Class "B" premises. No Class "B" license
or permit may be granted for any premises where any other business
is conducted in connection with the premises, except that this restriction
does not apply if the premises for which the Class "B" license or
permit is issued is connected to the premises where other business
is conducted by a secondary doorway that serves as a safety exit and
is not the primary entrance to the Class "B" premises. No other business
may be conducted on premises operating under a Class "B" license or
permit. These restrictions do not apply to any of the following:
(1)
A hotel.
(2)
A restaurant, whether or not it is a part of or located in any mercantile
establishment.
(3)
A combination grocery store and tavern.
(4)
A combination sporting goods store and tavern in towns, villages,
and fourth-class cities.
(5)
A combination novelty store and tavern.
(6)
A bowling alley or recreation premises.
(7)
A club, society or lodge that has been in existence for six months
or more prior to the date of filing application for the Class "B"
license or permit.
(10)
Premises for which a temporary Class "B" license is issued under
§ 125.26(6), Wis. Stats., if the license is one of multiple
licenses issued by the municipality to the same licensee for the same
date and times, the licensee is the sponsor of an event held at multiple
locations within the municipality on this date and at these times,
and an admission fee is charged for participation in the event and
no additional fee is charged for service of alcohol at the event.[3]
The City Clerk shall notify the Chief of Police and Building
Inspector of each new application, and these officials shall inspect
or cause to be inspected each application and the premises, together
with such other investigation as shall be necessary to determine whether
the applicant and the premises sought to be licensed comply with the
regulations, ordinances and laws applicable thereto, including those
governing sanitation in restaurants, and whether the applicant is
a proper recipient of a license. These officials shall furnish to
the City Clerk in writing, who shall forward to the Common Council,
the information derived from such investigation, accompanied by a
recommendation as to whether a license should be granted or refused.
No license shall be renewed without a reinspection of the premises
and report as originally required.
A.
No license shall be granted for operation on any premises for which
taxes, assessments, forfeitures or other financial claims of the City
are delinquent and unpaid.
B.
No license shall be issued unless the premises conforms to the sanitary,
safety and health requirements of the State Building Code and the
regulations of the State Department of Health Services applicable
to restaurants. The premises must be properly lighted and ventilated,
must be equipped with separate sanitary toilet and lavatory facilities
equipped with running water for each sex and must conform to all ordinances
of the City.[1]
C.
Consideration for the granting or denial of a license will be based
on:
(1)
Arrest and conviction record of the applicant, subject to the limitations
imposed by §§ 111.321, 111.322, and 111.335, Wis. Stats.;
(2)
The financial responsibility of the applicant;
(3)
The appropriateness of the location and the premises where the licensed
business is to be conducted; and
(4)
Generally, the applicant's fitness for the trust to be reposed.
D.
An application may be denied based upon the applicant's arrest and
conviction record if the applicant has been convicted of a felony
(unless duly pardoned) or if the applicant has habitually been a law
offender. For purposes of this licensing procedure, "habitually been
a law offender" is generally considered to be an arrest or conviction
of at least two offenses which are substantially related to the licensed
activity within the five years immediately preceding the license application.
Because a license is a privilege, the issuance of which is a right
granted solely to the Common Council, the Common Council reserves
the right to consider the severity and facts and circumstances of
the offense when making the determination to grant, deny or not renew
a license. Further, the Council, at its discretion, may, based upon
an arrest or conviction record of two or more offenses which are substantially
related to the licensed activity within the five years immediately
preceding, act to suspend such license for a period of one year or
more.
A.
Opportunity shall be given by the governing body to any person to
be heard for or against the granting of any license. Upon the approval
of the applicant by the Common Council, the City Clerk shall issue
to the applicant a license, upon payment by the applicant of the license
fee to the City.
B.
If the Common Council denies the license, the applicant shall be
notified in writing, by certified mail or personal service, of the
reasons for the denial. The notice shall also inform the applicant
of the opportunity to appear before the Common Council and to provide
evidence as to why the denial should be reversed. In addition, the
notice shall inform the applicant that the reconsideration of the
application shall be held in closed session, pursuant to § 19.85(1)(b),
Wis. Stats., unless the applicant requests such reconsideration be
held in open session and the Common Council consents to the request.
Such written notice shall be mailed or served upon the applicant at
least 10 days prior to the Common Council meeting at which the application
is to be reconsidered.
A.
In accordance with the provisions of § 125.04(12), Wis.
Stats., a license shall be transferable from one premises to another
if such transfer is first approved by the Common Council. An application
for transfer shall be made on a form furnished by the City Clerk.
Proceedings for such transfer shall be had in the same form and manner
as the original application. The fee for such transfer is set by the
Common Council. Whenever a license is transferred, the City Clerk
shall forthwith notify the Wisconsin Department of Revenue of such
transfer. In the event of the sale of a business or business premises
of the licensee, the purchaser of such business or business premises
must apply to the City for reissuance of said license, and the City,
as the licensing authority, shall in no way be bound to reissue said
license to said subsequent purchaser.[1]
B.
Whenever the agent of a corporate holder of a license is for any
reason replaced, the licensee shall give the City Clerk written notice
of said replacement, the reasons therefor and the new appointment.
Until the next regular meeting or special meeting of the Common Council,
the successor agent shall have the authority to perform the functions
and be charged with the duties of the original agent. However, said
license shall cease to be in effect upon receipt by the City Clerk
of notice of disapproval of the successor agent by the Wisconsin Department
of Revenue or other peace officer of the municipality in which the
license was issued. The corporation's license shall not be in force
after receipt of such notice or after a regular or special meeting
of the Common Council until the successor agent or another qualified
agent is appointed and approved by the City.
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 other
ordinances and regulations of the City applicable thereto:
A.
Consent to entry. Every applicant procuring a license thereby consents
to the entry of police or other duly authorized representatives of
the City at all reasonable hours for the purpose of inspection and
search, and consents to the removal from said premises of all things
and articles there had in violation of City ordinances or state laws,
and consents to the introduction of such things and articles in evidence
in any prosecution that may be brought for such offenses.
B.
Employment of minors. 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 licensed premises.[2]
D.
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.[3]
E.
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 on June 30, 1947, nor
shall it apply to any premises licensed as such prior to the occupation
of real property within 300 feet thereof by any school building, hospital
building or church building. However, § 125.68(3)(c), Wis.
Stats., exempts a restaurant within 300 feet of a church where the
sale of alcohol beverages is less than 50% of the gross receipts.
F.
Clubs. No club shall give away any intoxicating liquors.
G.
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.
H.
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.
I.
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.
J.
Nudity and sexual conduct in licensed establishments.
(1)
Findings.
(a)
The Wisconsin Statutes authorize local municipalities to prescribe
regulations for the sale of alcohol beverages which are not in conflict
with state statutes;
(b)
The City of Fox Lake Common Council upon due consideration finds
that nudity and near nudity and sexual conduct are proper subjects
for regulation in connection with the control of the sale of alcohol
beverages within the City;
(c)
The Common Council further finds that any form of nudity coupled
with alcohol consumption in a public place begets undesirable behavior
and that there is a relationship between the consumption of alcohol
beverages and nudity and an increase of criminal activities, moral
degradation and the disturbances of the peace and the good order of
the community. Concurrence of nudity and alcohol beverages is hazardous
to the health and the safety of those in attendance and tends to depreciate
the value of adjoining property and to harm the economic welfare of
the community as a whole. When there is concurrence of nudity and
consumption of alcohol beverages, other activities which are illegal,
immoral or unhealthy tend to accompany them, concentrate around them,
and be aggravated by them. Such other activities include but are not
limited to prostitution, solicitation for prostitution, lewd and lascivious
behavior, possession, distribution and transportation of obscene materials,
sale or possession of controlled substances and violent crimes against
persons and property; and
(d)
The Common Council has determined that the enactment of an ordinance
prohibiting nudity and sexual conduct in establishments licensed to
sell alcohol beverages within the City of Fox Lake will prevent or
limit such undesirable conduct and activities.
(2)
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:
(a)
Exposes his or her genitals, pubic hair, buttocks, perineum,
anal region or pubic hair region;
(b)
Exposes any device, costume or covering which gives the appearance
of or simulates genitals, pubic hair, buttocks, perineum, anal region
or pubic hair region;
(c)
Exposes any portion of the female breast at or below the areola
thereof;
(d)
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; or
(e)
Shows films or slides depicting any of the acts which are prohibited
by the regulation stated in this subsection.
[Amended 8-7-2013[1]]
Closing hours shall be established in conformance with §§ 125.32(3)
and 125.68(4), Wis. Stats., and further restricted as follows:
A.
Class "B," "Class B" and "Class C" licenses.
(1)
No premises for which a retail "Class B" liquor, Class "B" fermented
malt beverage, or "Class C" wine license has been issued shall be
permitted to remain open for the sale of liquor or fermented malt
beverages or for any other purpose between the hours of 2:00 a.m.
and 6:00 a.m., Monday through Friday, and 2:30 a.m. and 6:00 a.m.,
Saturday and Sunday. There shall be no closing hours on January 1.
(2)
Hotels and restaurants, the principal business of which is the furnishing of food, drinks or lodging to patrons, bowling alleys, movie theaters, painting studios, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but shall not sell liquor or malt beverages during the closing hours of Subsection A(1) above.
B.
Carry-out hours. Between 9:00 p.m. and 6:00 a.m., no person may sell,
remove, carry out or permit to be removed or carried out from any
premises having a Class "A" or Class "B" license fermented malt beverages
or intoxicating liquor in original unopened packages, containers or
bottles or for consumption away from the premises.
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 Fox Lake,
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 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 operator's licenses for the event shall attend a pre-event informational meeting to learn what rules and regulations apply and what the responsibilities of the bartenders and organization will be.
B.
Posting of signs and licenses. All organizations issued a temporary
license shall post in a conspicuous location at the main point of
sale and at all remote points of sale a sufficient number of signs
stating that no fermented malt beverage shall be served to any underage
person without proper identification.
C.
Fencing. If necessary due to the physical characteristics of the
site, the 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 who has been issued an operator's license.[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 Fox Lake. The applicant
may be required to furnish a performance bond prior to being granted
the 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.
The presence of underage persons on a licensed premises as provided
under § 125.07(3)(a)10, Wis. Stats., shall be subject to
the following:
A.
The licensee or agent of a corporate licensee shall notify the Police
Department at least 48 hours in advance of the date of any event at
which underage persons will be present on the licensed premises. Each
such nonalcohol event notice shall specify the date(s) on which the
event is to occur and the time(s) of commencement. All notices shall
be filed with the Police Department during normal working hours (8:00
a.m. to 4:30 p.m., Monday through Friday) and shall be given on forms
prescribed by the Department. After a nonalcohol event notice has
been given, the licensee may cancel an event(s) only by giving like
notice to the Department in accordance with the provisions of this
subsection. Regardless of the date given, all notices shall expire
and be deemed cancelled no later than the date of expiration or revocation
of the applicable retail Class "B" or "Class B" license.
B.
During the period of any nonalcohol event a notice card prescribed
by the Police Department shall be posted at all public entrances to
the licensed premises notifying the general public that no 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.
A.
Operator's license required. Except as provided under Ch. 125, Wis. Stats., no premises operated under a Class "A," Class "B," "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 limited liability company, or some person who has an operator's license and who is responsible for the acts of all persons serving any fermented malt beverages or intoxicating liquor to customers. An operator's license issued in respect to a vessel under § 125.27(2) or 125.51(5)(c), Wis. Stats., is valid outside the municipality that issues it. For the purpose of this subsection, 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 or intoxicating liquor in any place operated under a Class "A," Class "B," "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.
[Amended 12-21-2016; 6-17-2020]
(1)
The City Clerk may issue an operator's license, which license shall
be granted only upon application, in writing, on forms to be obtained
from the City Clerk only to persons 18 years of age or older. Operator's
licenses shall be operative only within the limits of the City.
(2)
All applications are subject to an investigation by the Chief of
Police and/or other appropriate authority to determine whether the
applicant to be licensed complies with all regulations, ordinances
and laws applicable thereto. The Police Department shall conduct an
investigation of the applicant, including but not limited to requesting
information from the state, surrounding municipalities, and/or any
community where the applicant has previously resided concerning the
applicant's arrest and conviction record. Based upon such investigation,
the Chief of Police shall recommend, in writing, to the City Clerk
approval or denial of the application. If the Chief of Police recommends
denial, the Chief of Police shall provide, in writing, the reasons
for such recommendation.
C.
Duration. Standard operator's licenses issued under the provisions
of this section shall be valid for a period of one year and shall
expire on the 30th day of June.
D.
Operator's license fee; provisional or temporary licenses.
(1)
Fee. The fee for a standard operator's license shall be set by the
Common Council. The fee for a provisional operator's license shall
be set by the Common Council.
[Amended 12-21-2016]
(2)
Provisional license. The City Clerk may issue provisional operator's licenses in accordance with § 125.17(5), Wis. Stats. The provisional operator's license shall expire 60 days after its issuance or when an operator's license is issued to the holder, whichever is sooner. The City Clerk may, upon receiving an application for a temporary provisional license, issue such a license without requiring the successful completion of the approved program 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/her successful completion of the approved program. A provisional license may not be issued to any person who has been denied an operator's license by the City Clerk or who has had his/her operator's license revoked or suspended within the preceding 12 months. The City Clerk shall provide an appropriate application form to be completed in full by the applicant. The City Clerk may revoke the provisional license issued if he/she discovers that the holder of the license made a false statement on the application. Following completion of the responsible beverage server training course and notification from the school, the license application will be presented to the Clerk, with the appropriate fee as prescribed in Subsection D(1) above for a one- or two-year operator's license. If approved by the Clerk, the operator's license is issued.
[Amended 12-21-2016; 6-16-2020]
(3)
Temporary license. The City Clerk may issue a temporary operator's
license, at no fee, provided that:
(a)
This license may be issued only to operators employed by, or
donating their services to, nonprofit corporations.
(b)
No person may hold more than two licenses of this kind per year.
[Amended 12-21-2016]
(c)
The license is valid for any period from one day to 14 days,
and the period for which it is valid shall be stated on the license.
E.
Issuance or denial of operator's licenses.
(1)
After the City Clerk approves the granting of an operator's license,
the City Clerk shall issue the license. Such licenses shall be issued
and numbered in the order they are granted and shall give the applicant's
name and address and the date of the expiration of such license.
[Amended 6-17-2020]
(2)
Denial of license.
(a)
If the application is denied by the City Clerk, the City Clerk
shall, in writing, inform the applicant of the denial, the reasons
therefor, and of the opportunity to request a reconsideration of the
application by the Common Council in a closed session. Such notice
must be sent by registered mail to, or served upon, the applicant
at least 10 days prior to the Council's reconsideration of the matter.
At such reconsideration hearing, the applicant may present evidence
and testimony as to why the license should be granted.
[Amended 6-17-2020]
(b)
If, upon reconsideration, the Council again denies the application,
the City Clerk shall notify the applicant in writing of the reasons
therefor. An applicant who is denied any license upon reconsideration
of the matter may apply to Circuit Court pursuant to § 125.12(2)(d),
Wis. Stats., for review.
(3)
(4)
An application may be denied based upon the applicant's arrest and
conviction record if the applicant has been convicted of a felony
(unless duly pardoned) or if the applicant has habitually been a law
offender. For purposes of this licensing procedure, "habitually been
a law offender" is generally considered to be an arrest or conviction
of at least two offenses which are substantially related to the licensed
activity within the five years immediately preceding the license application.
Because a license is a privilege, the issuance of which is a right
granted solely to the City Clerk, the City Clerk 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 City Clerk, at his/her 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.
[Amended 6-17-2020]
F.
Training course.
[Amended 12-21-2016; 6-16-2020]
(1)
Except as provided in Subsection F(2) below, the City Clerk 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
section shall be posted on the premises whenever the operator dispenses
beverages or be in his possession, or the licensee shall carry a license
card.
[Amended 12-21-2016]
H.
Revocation of operator's license. Violation of any of the terms or
provisions of the state law or of this article relating to operator's
licenses by any person holding such operator's license shall be cause
for revocation of the license.
A.
Forfeitures for violations of §§ 125.07(1) through (5) and 125.09(2), Wis. Stats., adopted by reference in § 314-1 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 as Title 11, Ch. 4, of the 1997 Code]
A.
Regulations. No person shall carry or expose to view any open can,
bottle or other container of malt beverages, intoxicating liquor or
other alcohol beverages or drink from the same on any sidewalk, street,
alley, parking lot or other public place, without prior written approval
of the Common Council. For purposes of this section, "public place"
shall be construed to mean any location which, at the time the person
is apprehended, is open to access to persons not requiring specific
permission of the owner to be at such location, including, without
exclusion by reason of enumeration, all parking lots serving commercial
establishments. In no event shall a private yard or driveway in a
residentially zoned district be construed to be a public place.
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.
(1)
It shall be unlawful for any licensee, permittee or operator to permit
any patron to leave the licensed premises with an open container containing
any alcohol beverage.
(2)
It shall be unlawful for any patron to leave a licensed premises
with an open container containing any alcohol beverage.
(3)
It shall be unlawful for any patron to remove an original unopened
package, container or bottle containing any alcohol beverage from
a Class "A" licensed premises between the hours of 9:00 p.m. and 6:00
a.m.
D.
Picnic beer permits for parks.
(1)
It shall be unlawful for any group of persons to use a park shelter
house and consume any alcohol beverages in any park areas without
first obtaining a picnic beer permit from the City. The picnic beer
permits shall be issued by the Clerk with a copy of the permit sent
to the Chief of Police.
(3)
The sale of fermented malt beverages from remote sites, that is,
other than the main point of sale facility, shall be prohibited after
the hour of 9:00 p.m.
E.
Exceptions.
(1)
The provisions of this section may be waived by the Common Council
for duly authorized events.
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 person under the legal drinking age as defined by the
Wisconsin Statutes.[2]
[2]
Editor's Note: Original §§ 11-4-2 to 11-4-9, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See §§ 125.07 and 125.09, Wis. Stats., adopted by reference in Art. I of this chapter, and § 944.36, Wis. Stats., adopted by reference in § 375-1 of this Code. See in particular § 314-20A.
