City of Lodi, WI Intoxicating Liquor and Fermented Malt Beverages

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)

Any points assessed for the above violations shall double if the violation results in serious bodily injury to or the death of any person.

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.

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.

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.

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.

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.

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.

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.

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.

For demerit points accumulated in the accumulated demerit period of 200 demerit points or more, possible revocation or nonrenewal of the license.

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.

Transfer/sale of licensed business.

Upon transfer or sale of any licensed business, all accumulated demerit points shall be canceled unless any of the following apply:

The new licensee is related to the former licensee by blood, adoption, marriage or is his/her domestic partner.

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.

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.

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.

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.

§ 204-3 Classes of licenses and fees.

[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).

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.

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.

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.

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.

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.

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.

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.

Retail "Class C" wine license. The fee shall be set by the Common Council by resolution.

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.

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:

The license may only be issued to a person who has applied for an operator's license.

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.

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.

Temporary operator's license: fee set by resolution.

Temporary Class "B" fermented malt beverage retailer's license: fee set by resolution.

Provisional retail license: fee set by resolution.

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.

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.

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.

The annual fee for renewal of a Reserve "Class B" liquor license is the fee established in § 204-3 for "Class B" license.

§ 204-4 License application.

Form. Application for a license to sell or deal in intoxicating liquor or fermented malt beverages shall be made in writing on forms prescribed by the State Department of Revenue, or the governing body for operators' licenses, and filed with the City Clerk. 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.

(Reserved)[1]

[1]

Editor's Note: Former Subsection B, Application to be notarized, was repealed 5-21-2019 by Ord. No. A-539.

Duplicate. Upon approval, a duplicate copy of each application shall be forwarded by the City Clerk to the State Department of Revenue.

Timing of applications. Applications for all retail licenses to sell alcohol shall be on file a minimum of 15 days prior to the granting of the license.

[Added 10-16-2007 by Ord. No. A-382; amended 5-21-2019 by Ord. No. A-539]

§ 204-5 Regular and provisional operators' licenses.

[Amended 5-21-2019 by Ord. No. A-539]

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.

Standards to be applied for issuance of operators' licenses.

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.

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:

Selling or serving alcohol beverages to an underage person on one or more occasions within four years of submitting the application.

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.

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.

§ 204-6 License restrictions.

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:

Requirements for licenses. No license or permit shall be issued to any person who:

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]

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

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.

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]

Location of premises.

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.

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.

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]

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]

The outdoor area shall be:

Delineated with signage, posts or ropes, etc., to alert patrons to the licensed area.

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.

Within the outdoor area:

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.

The outdoor area shall not be open after 10:00 p.m.

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.

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.

§ 204-7 Search of licensed 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 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.

§ 204-8 Posting licenses.

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.

§ 204-9 Regulation of licensed premises.

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

Employment of minors. No licensee shall employ any person under 18 years of age to serve, sell, dispense or give away any alcohol beverage.

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

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

§ 204-10 Closing hours.

No premises for which an alcohol beverage license has been issued shall remain open for the sale of alcohol beverages during the required closing hours as mandated by Wisconsin statutes.

[Amended 9-4-2012 by Ord. No. A-436; 5-21-2019 by Ord. No. A-539]

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

§ 204-11 Revocation and suspension of licenses.

Procedure. Whenever the holder of any license under this chapter violates any portion of this chapter, 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. Revocation or suspension proceedings may be instituted by the Common Council upon its own motion by adoption or resolution.

Automatic revocation. Any license issued under the provisions of this chapter shall stand revoked without further proceedings upon the conviction of a licensee or employee, agent or representative thereof for a second offense under this chapter or for a violation of Ch. 125 or 139, Wis. Stats., or any other state or federal liquor or fermented malt beverage laws or any felony.

Repossession of license or permit. Whenever any license or permit under this chapter shall be revoked or suspended by the Common Council, it shall be the duty of the Clerk to notify the licensee or permittee of such suspension or revocation and to notify the Chief of Police, who shall take physical possession of the license or permit wherever it may be found and file it in the Clerk's office.

Effect of revocation of license. No license shall be issued for any premises if a license covering such premises has been revoked within six months prior to application. No license shall be issued to any person who has had a license issued pursuant to this chapter revoked within 12 months prior to application.

Revocation of license due to nonuse or nonpayment of fees.

[Added 1-20-2015 by Ord. No. A-483]

If a license or permit issued under this chapter is not used within 120 days after its issuance, or one of the following applies: a) its usage is discontinued for a period of 120 days; or b) the location subject to the license or permit is not in operation for at least six months a year, such nonuse shall be grounds for revocation or nonrenewal of the license or permit in accordance with the provisions of this chapter. Prior to denial, suspension, revocation or nonrenewal, the City shall notify the licensee, in writing, of the City's intentions and provide the licensee with an opportunity for a hearing pursuant to § 125.12(2), Wis. Stats., or any amendments thereto.

[Amended 12-6-2016 by Ord. No. A-511]

If the Common Council or other authorized person approves the issuance of a license or permit under this chapter and the required fee is not paid within 30 days after the date of approval, such failure to pay shall be grounds for denial, revocation, or nonrenewal of the approval of the license or permit in accordance with the provisions of this chapter. Prior to denial, suspension, revocation or nonrenewal, the City shall notify the licensee, in writing, of the City's intentions and provide the licensee with an opportunity for a hearing pursuant to § 125.12(2), Wis. Stats., or any amendments thereto.

§ 204-12 Nonrenewal of licenses.

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.

§ 204-13 Violations and penalties.

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

Any person, firm or corporation violating any provision of this chapter shall, upon conviction thereof, be subject to the penalty provided in Chapter 1, § 1-3 of this Code, provided that no penalty imposed shall exceed the maximum allowed by Ch. 125, Wis. Stats., for the same offense.

[Amended 10-10-2006 by Ord. No. A-361]

§ 204-14 Nude dancing in licensed establishments.

Nude dancing in licensed establishments prohibited. It is unlawful for any person to perform or engage in, or for any licensee or manager or agent of the licensee to permit any person, employee, entertainer or patron to perform or engage in, any live act, demonstration, dance or exhibition on the premises of a licensed establishment which shows his or her genitals, pubic area, vulva, anus, anal clef or cleavage with less than a fully opaque covering; or shows any portion of the female breast below a point immediately above the top of the areola; or shows the covered male genitals in a discernibly turgid state.

Exemptions. The provisions of this section do not apply to the following licensed establishments: theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers of entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.

Definitions. For purposes of this section, the following terms shall have the meaning indicated:

LICENSED ESTABLISHMENT

Any establishment licensed by the Common Council of the City of Lodi to sell alcohol beverages pursuant to Ch. 125, Wis. Stats.

LICENSEE

The holder of a retail "Class A," "Class B," Class "B," Class "A" or "Class C" license granted by the Common Council of the City of Lodi pursuant to Ch. 125, Wis. Stats.

Penalties. Any person, partnership, corporation, limited liability company or other business entity who or which violates any of the provisions of this section shall be subject to a penalty as provided in Chapter 1, § 1-3 of this Code. In addition, violation of this section constitutes sufficient grounds for suspending, revoking or nonrenewing an alcohol beverage license under § 125.12, Wis. Stats.

[Amended 10-10-2006 by Ord. No. A-361]

§ 204-15 Provisional and temporary licenses.

[Added 10-16-2007 by Ord. No. A-382]

Provisional licenses.

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.

Standards to be applied to the issuance of provisional retail licenses:

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.

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.

Temporary Class B fermented malt beverage licenses.

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.

Standards to be applied to the issuance of temporary Class B fermented malt beverage licenses:

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.

Temporary Class B wine license.

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.

Standards to be applied to the issuance of temporary Class B wine licenses:

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.