[HISTORY: Adopted by the Common Council of the City of Arcadia
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-8-1976 by Ord. No. 137]
No person shall drink from, open or have in his or her possession
an open container of fermented malt beverage or intoxicating liquor
or intoxicating liquor and any other substance or soda pop on any
public street, sidewalk, alley or parking lot within the City of Arcadia,
Trempealeau County, Wisconsin.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be punished by the forfeiture of not less
than $50 nor more than $500, and in default of payment of the forfeiture
shall be imprisoned in the county jail until said forfeiture is paid,
but not to exceed 15 days.
[Adopted 1-13-1983 by Ord. No. 105]
The provisions of Ch. 125, Wis. Stats., defining and regulating
the sale, procurement, dispensing and transfer of beverages, including
provisions relating to the penalty to be imposed or the punishment
for violation of such statutes, 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.
A.
When required. No person, except as provided by § 125.06,
Wis. Stats., shall within the City of Arcadia, Wisconsin, 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.
B.
Separate license required for each place of sale. Except for licensed
public warehouses, a license shall be required for each location or
premises which is in direct connection or communication to each other
where intoxicating liquor or fermented malt beverages are stored,
sold or offered for sale.
[Amended 10-12-2000 by Ord. No. 105B]
The following classes and denominations of licenses may be issued
by the City Clerk-Treasurer under the authority of the Common Council
after the applicant pays to the City Clerk-Treasurer the fee herein
specified and presents proof of such payment to the City Clerk-Treasurer,
which when so issued shall permit the holder to sell, deal or traffic
in alcohol beverages as provided in §§ 125.17, 125.25,
125.26, 125.28, and 125.51, Wis. Stats. Except as otherwise provided
in this section, the full license fee shall be charged for the whole
or fraction of any year.
A.
Fermented malt beverage retailer's licenses.
(1)
(2)
Six-month license. A Class "B" fermented malt beverage retailer's
license may be issued at any time for six months in any calendar year,
for which the applicant shall pay to the City Clerk-Treasurer 1/2
of the applicable license fee, but such Class "B" fermented malt beverage
retailer's license shall not be renewable during the calendar year
in which issued.
B.
Retail liquor licenses.
(1)
Fees.[4]
(a)
Retail "Class A" liquor license: a fee established by the Common
Council by resolution.
(b)
Retail "Class B" liquor license: a fee established by the Common
Council by resolution for an initial license, which shall be effective
for a period of one year, and a fee established by the Common Council
by resolution for renewing an existing license. Under a retail "Class
B" liquor license, wine may be sold in original packages or otherwise
in any quantity to be consumed off the premises.
(2)
A retail liquor license may be issued after July 1 in any license
year. The retail liquor license shall expire on the following June
30. The fee for the retail liquor license shall be prorated according
to the number of months or fractions thereof remaining until the following
June 30.
(3)
Retail liquor licenses valid for six months may be issued at any
time. The fee for the six-month retail liquor license shall be 50%
of the annual fee. The six-month retail liquor license may be not
renewed during the calendar year in which issued.
C.
Operator's license. A fee established by the Common Council by resolution.
(1)
Operators' licenses may be granted to individuals by the Common Council
for the purposes of complying with §§ 125.32(2) and
125.68(2), Wis. Stats.
(2)
Operators' licenses may be issued only on written application on
forms provided by the Clerk-Treasurer. Any incomplete applications
and any applications containing false information shall be rejected.
No operator's license shall be issued to an applicant if, within 30
days prior to the filing of the application, another application filed
by that applicant has been rejected because it was incomplete or contained
false information.
(3)
Operators' licenses shall be valid for one year and shall expire
on June 30 of each year.
(4)
Any person who sells intoxicating liquors or fermented malt beverages
without a valid operator's license, as required by this article and
§§ 125.32(2) and 125.68(2), Wis. Stats., shall forfeit
not less than $100 and not more than $500.
D.
"Class C" licenses for wine.
[Added 11-12-2009 by Ord. No. 105C]
(1)
Authority. In accordance with § 125.51(1)(a), Wis. Stats.,
the City of Arcadia Common Council is authorized to issue "Class C"
licenses for retail sales of wine from the premises identified in
the application and located in the City of Arcadia. All of the provisions
and restrictions set forth in Ch. 125, Wis. Stats., applicable to
"Class C" licenses shall apply to such "Class C" licenses issued by
the City of Arcadia Common Council.
A.
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 State Department of Revenue, or governing body for operators'
licenses, 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.
B.
Application to be notarized. Applications shall be signed and sworn
to by the applicant as provided by § 887.01, Wis. Stats.
C.
Duplicate. Upon approval, a duplicate copy of each application shall
be forwarded by the City Clerk-Treasurer to the State Department of
Revenue.
B.
Location.
(1)
No retail "Class A" or retail "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 the premises
covered by the license.[2]
(2)
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.
C.
Violators of liquor or beer laws or ordinances. No retail Class A
or retail 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 during one year
prior to such application. A conviction of a member of a partnership
itself shall make the partnership or any member thereof ineligible
for such license for one year.
D.
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 City.
E.
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.
F.
Corporations. No license shall be granted to any corporation when
more than 50% of the voting stock interest, legal interest or beneficial
interest is held by any person or persons not eligible for a license
under this article.
G.
Age requirement. No license hereunder shall be granted to any person
under 21 years of age, except that an operator's license may be issued
to an applicant who has attained the age of 18.
[Amended 5-12-1988 by Ord. No. 105A[3]]
H.
Effect of revocation of license. Whenever any license has been revoked,
at least six months from the time of such revocation shall elapse
before another license shall be granted for the same premises and
12 months shall elapse before another license shall be granted to
the person whose license was revoked.
I.
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 to the City.
J.
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.
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.
A.
As to person. No license shall be transferable as to licensee except
as provided by § 125.04(12), Wis. Stats.
B.
As to place. Licenses issued pursuant to this article may be transferred
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.
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.
A.
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.
B.
Nudity prohibited on the premises of a licensee of a Class "B" fermented
malt beverage retailer's license or retail "Class B" liquor license.
No licensee of a Class "B" fermented malt beverage retailer's license
or retail "Class B" liquor license shall suffer or permit any person
to appear on licensed premises in such manner or attire as to expose
to view any portion of the pubic area, anus, vulva, or genitals, or
any simulation thereof, nor shall suffer or permit any female to appear
on licensed premises in such manner or attire as to expose to view
any portion of the breast below the top of the areola, or any simulation
thereof.
[Added 8-9-2001 by Ord. No. 105C]
C.
Employment of minors. No licensee shall employ any person under 18
years of age to serve, sell, dispense, or give away any alcohol beverage.
[Amended 5-12-1988 by Ord. No. 105A]
D.
Sales by clubs. No club shall sell intoxicating liquors or fermented
malt beverages except to members and guests invited by members.
E.
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.
[Amended 5-12-1988 by Ord. No. 105A; 12-21-2015 by Ord. No. 105G; 7-17-2017 by Ord. No. 223; 10-2-2019 by Ord. No. 2019-7]
A.
No premises for which an alcohol beverage license has been issued
shall remain open:
B.
Notwithstanding Subsection A(1) above, grocery stores, convenience stores, and nationwide department stores may remain open but may not sell fermented malt beverages between the hours of 12:00 midnight and 6:00 a.m. Notwithstanding Subsection A(2) above, grocery stores, convenience stores, and nationwide department stores may remain open but may not sell intoxicating liquors between the hours of 9:00 p.m. and 6:00 a.m.
C.
No premises for which an alcohol beverage license has been issued
shall remain open:
(1)
If a retail Class "B" or "Class B" license, between the hours of
2:00 a.m. and 6:00 a.m., and on Saturday and Sunday between the hours
of 2:30 a.m. and 6:00 a.m., except that on January 1 premises operating
under such licenses are not required to close. Between the hours of
12:00 midnight and 6:00 a.m., no alcohol beverages may be sold in
an original unopened package, container or bottle or for consumption
away from the premises.
D.
Hotels and restaurants whose principal business is the furnishing of food or lodging to patrons, bowling alleys, movie theaters, painting studios, indoor golf and baseball facilities, indoor horseshoe pitching facilities, curling clubs, and golf courses and golf clubhouses may remain open for the conduct of their regular business, but no intoxicating liquors or fermented malt beverages shall be sold during the hours set out in Subsection C(1) above.
A.
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.
B.
Automatic revocation. Any license issued under the provisions of
this article shall stand revoked without further proceedings upon
the conviction of a licensee or employee, agent or representative
thereof for a second offense under this article or for a violation
of Ch. 125, Wis. Stats., or any other state or federal liquor or fermented
malt beverage laws.
[Amended 7-17-2017 by Ord. No. 223]
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 Common Council.
A violation of this article by an authorized agent or employee
of a licensee shall constitute a violation by the licensee.
