The provisions of Ch. 125, Wis. Stats., defining
and regulating the sale, procurement, possession, consumption, dispensing
and transfer of intoxicating liquor and fermented malt beverages,
excluding, except with the respect to § 125.07(4), Wis.
Stats., provisions relating to the penalty to be imposed or the punishment
for violation of such statutes, are adopted and made a part of this
chapter by reference. With respect to § 125.07(4), Wis.
Stats., the penalty provisions of said statute are adopted and made
a part of this chapter by reference. Violation of any of the statutory
provisions referred to in this section shall constitute a violation
of this chapter.
[Added 2-21-2012 by Ord. No. A-424]
A. Purpose. In addition to the regulations found in Chapter 125 of the
Wisconsin Statutes and this chapter of the City of Lodi Ordinances,
the following point system is hereby established to provide a guide
for the Common Council in the suspension or revocation of alcohol
licenses. This system is intended to identify habitually troublesome
alcohol license holders who repeatedly violate Wisconsin Statutes
and/or City ordinances or those license holders who repeatedly permit
such violations and to assist the Common Council in taking consistent
action in matters involving alcohol licenses.
B. Scope of section. Nothing in this section shall be construed to conflict
with, abridge or modify the rights or procedures established for the
suspension, revocation or nonrenewal of alcohol licenses established
by the Wisconsin Statutes and does not restrict the City, or any other
party, from seeking suspension, revocation or nonrenewal of an alcohol
license, regardless of the total number of demerit points assessed
against a license.
C. Point schedule.
(1)
The following is a list of demerit points for each type of listed
violation that occurs on the licensed premises.
Type of Violation
|
Point Value
|
---|
Owner/license holder selling/possessing controlled substance
with intent to sell
|
100
|
Refusal to allow police to search premises or refusal to cooperate
with lawful police investigation
|
100
|
Sale of alcohol beverages to underaged person(s)
|
50
|
Sale of alcohol beverages to intoxicated person(s)
|
50
|
Employee selling/possessing controlled substance with intent
to sell
|
50
|
Underaged person on premises without a parent or guardian
|
50
|
Owner/license holder possessing controlled substance
|
35
|
Permitting person to leave licensed premises with open alcohol
beverage
|
35
|
After-hours consumption of alcohol beverages
|
35
|
Employee possessing controlled substance
|
35
|
Agent responsibility violations; for example, lack of control
of business holding the license, lack of control of premises, etc.
|
25
|
Unauthorized person(s) on premises after closing hours
|
25
|
Failure of licensee, agent or licensed operator to be on premises
at all times
|
20
|
Permitting carry-out after permitted hours
|
20
|
All other violations of § 125, Wis. Stats., or ordinances
of the City of Lodi
|
10 - 75
|
Successful completion of a compliance check with no violations
|
-5 (to the extent that there is a positive number of demerit
points)
|
(2)
Any points assessed for the above violations shall double if
the violation results in serious bodily injury to or the death of
any person.
D. Calculating violations. In determining the accumulated demerit points
against a license, the City shall use the date each violation was
committed as the basis for the determination. In addition, the violation
must occur on the licensed premises or be directly related to the
use of the licensed premises.
(1)
Demerit points shall be assessed after entry of a judgment of conviction in a federal, state or municipal court for violation of any statute or ordinance provision listed under the types of violations in §
204-2.1C(1) above. The Common Council may take notice of any such convictions without the need for further evidence to establish the violation.
(2)
Alternatively, demerit points may be assessed by the Common Council upon proof of a violation or violations set forth in §
204-2.1C(1) above at a hearing before that body. At that hearing, the City shall have the burden of proving any violation by clear, satisfactory and convincing evidence.
(3)
The Common Council shall have the exclusive authority to assign
a point value for any violation for which the point value is not specified
above. The designation of a point value for a particular violation
shall be made at the same hearing that the Committee takes up the
possible suspension, revocation or nonrenewal of an alcohol license.
(4)
The license holder shall be notified, in writing, when any demerit
points are assigned to the license holder's record.
E. Demerit accumulation period. The City shall maintain a demerit record for each license holder. Demerits accumulated under this section will not be cause for a hearing as described under Subsection
F. unless the license holder has committed another violation within one year preceding the violation. If a license holder has committed two or more violations within one year, all violations committed within one year of a previous violation may be considered through the demerits appearing on the demerit record.
F. Notice and hearing. The Common Council shall provide notice of and conduct any hearing which could result in the suspension, revocation or nonrenewal of any alcohol license pursuant to § 125.12, Wis. Stats., or its successors and shall use Subsection
F(1) through
(3) below as a guide to determine the appropriate sanction, if any, for the license holder following such hearing.
(1)
For demerit points accumulated in the demerit accumulation period
of at least 100 demerit points, but less than 150 demerit points,
suspension of the license for a period of up to three days.
(2)
For demerit points accumulated in the demerit accumulation period
of at least 150 demerit points, but less than 200 demerit points,
suspension of the license for a period up to 15 days.
(3)
For demerit points accumulated in the accumulated demerit period
of 200 demerit points or more, possible revocation or nonrenewal of
the license.
G. Reduction of demerit points. The Common Council may consider reducing
by up to half of the number of demerit points assigned to a license
holder if the license holder causes all staff with operator's licenses
to complete a server training class.
H. Transfer/sale of licensed business.
(1)
Upon transfer or sale of any licensed business, all accumulated
demerit points shall be canceled unless any of the following apply:
(a)
The new licensee is related to the former licensee by blood,
adoption, marriage or is his/her domestic partner.
(b)
The new licensee held an ownership interest in the previous
licensed business, real estate or equipment.
(c)
The former licensee retains an ownership interest in the business,
real estate or equipment used by the business.
(2)
For purposes of this section, an "ownership interest" is defined
to mean that a person, partnership, corporation, limited-liability
company, or other legal entity either owns all or part of or controls
directly or indirectly the licensed business. This is not intended
to include a relationship that is strictly related to a security interest
or a vendor's interest under a land contract unless otherwise maintaining
an ownership interest. It is presumed that control of or ownership
of any part of a legal entity that has an ownership interest in a
business is an ownership interest under this subsection.
(3)
If any of the conditions in Subsection
H(1)(a) through
(c) apply, the new licensee will inherit the demerit points previously assessed and be subject to all of the applicable provisions of this section.
I. Implementation of penalties. Upon the effective date of this section, demerit points will be tracked until July 1, 2013, license renewal. If any license holder accumulates enough demerit points for sanction under Subsection
E, he/she shall appear before the Common Council to discuss the circumstances of the situation; however, no suspension shall occur solely because of the demerit points accumulated as a result of this section. One year from the effective date of this section, the section will go into full effect, including sanctions up to and including suspension, revocation or nonrenewal of a license.
[Amended 10-10-2006 by Ord. No. A-361; 10-16-2007 by Ord. No. A-382; 11-1-2011 by Ord. No. A-425; 2-7-2012 by Ord. No. A-426; 12-2-2014 by Ord. No. A-481; 11-15-2016 by Ord. No. A-510; 3-5-2019 by Ord. No. A-529]
The following classes and denominations of licenses
may be issued by the City Clerk under the authority of the City, after
payment of the fee herein specified, which when so issued shall permit
the holder to sell, deal or traffic in alcohol beverages as provided
in Ch. 125, Wis. Stats. Except as otherwise provided in this chapter,
the full license fee shall be charged for the whole or fraction of
any year. Wherever it is stated in this chapter that a fee shall be
set by the Common Council by resolution, the fee so set shall be not
more than the maximum amount or less than the minimum amount allowed
by the Wisconsin Statutes (where the statutes provide a maximum or
minimum amount).
A. Class "A" fermented malt beverage retailer's license.
The fee shall be set by the Common Council by resolution. Such fee
shall be prorated in the manner provided in § 125.25(4),
Wis. Stats.
B. Class "B" fermented malt beverage retailer's license.
The fee shall be set by the Common Council by resolution. Such fee
shall be prorated in the manner provided in § 125.26(4),
Wis. Stats.
C. Retail "Class A" liquor license. The fee shall be set by the Common
Council by resolution. Such fee shall be prorated in the manner provided
in § 125.51(9)(a), Wis. Stats.
D. Retail "Class B" liquor license. The fee shall be set by the Common
Council by resolution. Such fee shall be prorated in the manner provided
in § 125.51(9)(a), Wis. Stats.
(1) A license may be issued after July 1 in any license year. The license
shall expire on the following June 30. The fee for the license shall
be prorated according to the number of months or fraction thereof
remaining until the following June 30.
(2) Licenses valid for six months may be issued at any time. The fee
for the license shall be 50% of the annual license fee. The license
may not be renewed during the calendar year in which issued.
E. Retail "Class B" (wine only.) winery license. The fee shall be set
by the Common Council by resolution. Such fee shall be prorated in
the manner provided in § 125.51(9)(a), Wis. Stats. A license
shall only be issued to a winery that is issued a permit by the DOR
under § 125.53, Wis. Stats.
F. Retail "Class C" wine license. The fee shall be set by the Common
Council by resolution.
G. An operator's license shall be valid for one or two years and shall
expire on June 30 each year. Fees shall be set by the Common Council
by resolution.
H. A provisional operator's license, as defined in § 125.17(5), Wis. Stats., may be issued for a fee set by resolution. Such licenses shall be issued pursuant to the following standards and the standards under §
204-5B below:
(1) The license may only be issued to a person who has applied for an
operator's license.
(2) A provisional license may be issued to a person who has enrolled
in a responsible beverage server training course described in § 125.17(6)(a),
Wis. Stats. Such license shall be revoked if the applicant fails to
successfully complete the course in which he or she enrolls.
(3) A provisional operator's license may not be issued to any person
who has been denied an operator's license by the City of Lodi.
(4) A provisional operator's license expires 60 days after its issuance
or when a regular operator's license is issued to the holder, whichever
is sooner.
I. Temporary operator's license: fee set by resolution.
J. Temporary Class "B" fermented malt beverage retailer's license: fee
set by resolution.
K. Provisional retail license: fee set by resolution.
L. Temporary Class B wine license: fee set by resolution, provided the
applicant has not requested a temporary Class B fermented malt beverages
license at the same time.
M. Reserve "Class B" license. In 1997, Wisconsin Act 27, effective December
1, 1997, establishes a new alcohol beverage license known as a retail
Reserve "Class B" liquor license, and requires that all who are granted
such a license pay an initial license fee of $10,000, in addition
to the regular license "Class B" license fees.
(1) In addition to any "Class B" fees prescribed in §
204-3, the City Clerk shall charge an additional $10,000 prior to the issuance of a Reserve "Class B" liquor license. This fee established in this subsection is in addition to any other fee required under this chapter.
(2) The annual fee for renewal of a Reserve "Class B" liquor license is the fee established in §
204-3 for "Class B" license.
[Amended 5-21-2019 by Ord. No. A-539]
A. Delegation of authority. Regular and provisional operators' licenses may be issued by the Clerk, without approval of the Common Council, assuming that the requirements to hold such licenses as set forth in other provisions of this chapter and in state law are met. In exercising this authority hereunder, the Clerk shall follow the standards set forth in Subsection
B of this section.
B. Standards to be applied for issuance of operators' licenses.
(1) Upon receipt of the application, the Clerk shall refer it to the
Police Department to make an investigation of the applicant in accordance
with requirements of § 125.04, Wis. Stats., and local ordinances.
A provisional license will immediately be issued not to exceed 60
days.
(2) The City may deny an operator's license to an applicant who has a
record indicating that the applicant has been convicted of any of
the following:
(a)
Selling or serving alcohol beverages to an underage person on
one or more occasions within four years of submitting the application.
(b)
Selling or serving alcohol beverages to an intoxicated person
on one or more occasions within four years of submitting the application.
(c)
Selling or serving alcohol beverages during times when such
selling or serving is prohibited by law on one or more occasions within
two years of submitting the application.
(d)
Drinking alcohol beverages in a motor vehicle upon the highway
on two or more occasions within four years of submitting the application.
(e)
Operating a motor vehicle while under the influence of an intoxicant
or controlled substance on two or more occasions within four years
of submitting the application.
(f)
Possessing or using a controlled substance on two or more occasions
within four years of submitting the application.
(3) The Clerk may, based upon the findings of the Police Department investigation, deny an operator's license to an applicant who has a record indicating that the applicant has been arrested for any of the offenses referred to in Subsection
B(2)(a) to
(f) hereof where such charge is a criminal charge and where such charge is pending at the time of such determination.
(4) The list of offenses set forth in Subsection
B(2) hereof is not exclusive. The Clerk may recommend to the Common Council denial of an operator's license to an applicant whose record discloses that he has habitually been a law offender within the meaning of § 125.04(5)(b), Wis. Stats., or whose record disclosed convictions or pending criminal charges for offenses the circumstances of which substantially relate to the licensed activity. In the event of situations that fit the circumstances of this subsection rather than those which are specifically enumerated in Subsection
B(2) hereof, the Clerk shall make a recommendation to the Common Council, and the Common Council shall make the determination of whether or not to issue the particular license.
(5) In the event that the Clerk or the Common Council decides to deny
an operator's license to an applicant, the Clerk shall send written
notice to the applicant of the decision. The written notice shall
state the reasons for the decision and advise the applicant that he
or she may appeal the denial under the provisions of §§ 68.01
to 68.15, Wis. Stats.
In addition to the requirements imposed by provisions of the Wisconsin Statutes adopted by reference in §
204-1 of this chapter, the following restrictions shall apply to the issuance of licenses or permits pursuant to this chapter:
A. Requirements for licenses. No license or permit shall
be issued to any person who:
(1) Is not 21 years of age or older, except that an operator's
license may be issued to a person who is 18 years of age or older;
[Amended 10-10-2006 by Ord. No. A-361]
(2) Has not been a resident of the State of Wisconsin
for at least one year prior to the date of filing the application,
except that this residency requirement shall not apply to applicants
for operators' licenses; or
(3) Has habitually been a law offender or has been convicted
of a felony, unless the person has been pardoned, subject to §§ 111.321,
111.322 and 111.335, Wis. Stats.
B. Health and sanitation. No license shall be issued
for any premise which does not conform to the sanitary safety and
health requirements of the Wisconsin Department of Safety and Professional
Services and the Wisconsin Department of Health and Family Services
and to all ordinances and regulations adopted by the City of Lodi.
[Amended 7-16-2013 by Ord. No. A-456]
C. Location of premises.
(1) No retail "Class A" or retail "Class B" or Class "A"
or Class "B" license shall hereafter be issued for premises less than
300 feet from any established public or parochial school, hospital
or church. Such distance shall be measured via the shortest route
along the highway from the closest point of the boundary of such school,
church or hospital to the closest entrance to such premises.
(2) No retail "Class B" or Class "B" license shall be issued for any premises located in any residential district under Chapter
340, Zoning, or within 100 feet of the closest boundary of a residential district.
D. License quota. The number of persons and places that
may be granted a retail "Class B" liquor license under this chapter
is limited as provided in § 125.51(4), Wis. Stats.
[Amended 5-21-2019 by Ord. No. A-539]
E. Outdoor sale and consumption. When an application
for a Class "B" or "Class B" license requests that an outdoor area
be included as part of the licensed premises, the Council may, in
its discretion, approve such outdoor area as part of the licensed
premises. Use of any outside area that is so approved as part of a
licensed premises shall be subject to the following conditions:
[Amended 1-17-2023 by Ord. No. A-559]
(1) The outdoor area shall be:
(a) Delineated with signage, posts or ropes, etc., to alert patrons to
the licensed area.
(b) Depicted in a drawing attached to the license application and outside
alcohol consumption and sales shall be limited to the area depicted
in the drawing.
(2) Within the outdoor area:
(a)
No bands shall play, no other live entertainment
shall be present and no jukeboxes or other sound-producing devices
shall be used unless otherwise permitted by the City of Lodi.
(3) The outdoor area shall not be open after 10:00 p.m.
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 chapter.
G. 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.
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 of Lodi without
any warrant, and the application for a license hereunder shall be
deemed a consent to this provision. Any refusal to permit such inspection
shall automatically operate as a revocation of any license issued
hereunder and shall be deemed a violation of this chapter.
Every license or permit required under this
chapter 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.
Before renewal of any license issued under this
chapter 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.
[Added 10-16-2007 by Ord. No. A-382]
A. Provisional licenses.
(1) Delegation of authority. Provisional retail licenses
may be issued by the City Clerk without the approval of the City Council,
assuming that the requirements to hold such licenses as set forth
in other provisions of this Code and state law are met.
(2) Standards to be applied to the issuance of provisional
retail licenses:
(a)
A provisional retail license shall only be issued
to a person who has applied for a Class A, Class B or Class C license,
and authorizes only the activities that the type of license applied
for authorizes.
(b)
No person may hold more than one provisional
license for each type of license applied for by the holder per year.
(c)
A provisional license expires 60 days after
its issuance or when the regular license is issued, whichever is sooner.
The City Clerk may revoke the provisional license if it is discovered
that a holder of the license made a false statement on the application.
B. Temporary Class B fermented malt beverage licenses.
(1) Delegation of authority. Temporary Class B fermented
malt beverage licenses may be issued by the City Clerk without the
approval of the City Council, assuming that the requirements to hold
such licenses as set forth in other provisions of this chapter and
in state law are met.
(2) Standards to be applied to the issuance of temporary
Class B fermented malt beverage licenses:
(a)
Only issued to bona fide clubs, county or local
fair associations, agricultural societies, churches, lodges, or societies
that have been in existence for six months prior to the date of the
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.
C. Temporary Class B wine license.
(1) Delegation of authority. Temporary Class B wine licenses
may be issued by the City Clerk without the approval of the City Council,
assuming that the requirements to hold such licenses as set forth
in other provisions of this chapter and in state law are met.
(2) Standards to be applied to the issuance of temporary
Class B wine licenses:
(a)
Only issued to bona fide clubs, county or local
fair associations, agricultural societies, churches, lodges, or societies
that have been in existence for six months prior to 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.
(b)
No more than two temporary Class B wine licenses may be issued
to an eligible organization in any twelve-month period.
[Added 5-21-2019 by Ord.
No. A-539]