[HISTORY: Adopted by the Common Council of the City of Monona
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 7, Ch. 2, of the 1994 Code]
The provisions of Ch. 125, Wis. Stats., except §§ 125.09(6),
125.14(2) and (3), 125.56(2), 125.60, 125.61, 125.63 and 125.66(3),
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 amendment, 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.
A.
As used in this article, the terms "alcohol beverages," "wine," "intoxicating
liquors," "principal business," "legal drinking age," "premises,"
"sell," "sold," "sale," "retailer," "person," "fermented malt beverages,"
"wholesalers" and "operators" shall have the meaning given them by
Ch. 125, Wis. Stats.[1]
B.
BREWER
HOTEL
MANUFACTURER
PEACE OFFICER
PERMIT
PERSON
PREMISES
REGULATION
RESTAURANT
In addition, the following definitions shall also be applicable in
this article:
Any person who manufactures fermented malt beverages for
sale or transportation.
All places where accommodations are offered for pay to transients
in five or more rooms and all places used in connection therewith.
[See § 97.01(7), Wis. Stats.][2]
A person, other than a rectifier, who ferments, manufactures
or distills intoxicating liquor.
A sheriff, undersheriff, deputy sheriff, police officer,
constable, marshal, deputy marshal, or any employee of the Department
of Revenue or the Department of Justice authorized to act under Ch.
125 or Ch. 134, Wis. Stats.
Any permit issued by the Department of Revenue under Ch.
125, Wis. Stats.
A natural person, sole proprietorship, partnership, corporation
or association.
The area described in a license or permit.
Any rule or ordinance adopted by the Common Council.
Any building, room or place where meals or lunches are prepared,
served or sold to transients or the general public and all places
used in connection therewith. [See § 97.01(14g), Wis. Stats.][3]
No person, except as provided by § 125.06, Wis. Stats.,
shall distribute, vend, sell, offer or keep for sale at retail or
wholesale, deal or traffic in or, for the purpose of evading any law
or ordinance, give away any intoxicating liquor or fermented malt
beverage, or cause the same to be done, without having procured a
license as provided in this article and all statutes, ordinances and
regulations of the state and City applicable thereto.
[Amended 3-17-2014 by Ord. No. 2-14-657]
A.
Retail "Class A" intoxicating liquor license. A retail "Class A"
intoxicating liquor license, when issued by the City Clerk 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. The
license shall expire on 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 on the premises
so licensed or off the premises if the licensee seals the container
of intoxicating liquor with a tamper-evident seal before the intoxicating
liquor is removed from the premises. The "Class B" license also authorizes
the sale of intoxicating liquor 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.
The license shall expire on June 30.
[Amended 6-21-2021 by Ord. No. 6-21-741]
C.
Class "A" fermented malt beverage retailer's license. A Class "A"
retailer's fermented malt beverage 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. The license shall expire
on 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, either to be consumed upon the premises
where sold or away from such premises. The holder may also sell beverages
containing less than 1/2 of a percentum of alcohol by volume without
obtaining a special license to sell such beverages. 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.[1]
E.
Temporary Class "B" fermented malt beverage license.
[Amended 10-07-2013 by Ord. No. 10-13-651[2]]
(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. A license issued to
a county or district fair licenses the entire fairgrounds where the
fair is being conducted and all persons engaging in retail sales of
fermented malt beverages from leased stands on the fairgrounds. The
county or district fair to which the license is issued may lease stands
on the fairgrounds to persons who may engage in retail sales of fermented
malt beverages from the stands while the fair is being held. Such
license is valid for dates as approved by the Common Council.
(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 day or up to three consecutive
days for which the license is sought. The application shall identify
all person(s) in charge of the event, who shall be subject to a criminal
background check. Any person submitting false information on an application
shall be subject to a forfeiture as set in the Schedule of Fee, Forfeiture
and Deposit 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 beginning of the proposed event. Applications
from first-time applicants or previously approved applicants whose
proposed event is different in any material way from the previously
approved events, making substantial changes to previous plans, shall
be reviewed by the License Review Committee and the Common Council.
In all other cases, the City Clerk may approve such application. 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.[3]
(1)
License. Notwithstanding § 125.68(3), Wis. Stats., temporary
"Class B" licenses may be issued to bona fide clubs, 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. A license
issued to a county or district fair licenses the entire fairgrounds
where the fair is being conducted and all persons engaging in retail
sales of wine from leased stands on the fairgrounds. The county or
district fair to which the license is issued may lease stands on the
fairgrounds to persons who may engage in retail sales of wine from
the stands while the fair is being held.
(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 day or up to three consecutive
days for which the license is sought. The application shall identify
all person(s) in charge of the event, who shall be subject to a criminal
background check. Any person submitting false information on an application
shall be subject to a forfeiture as set forth in the Schedule of Fee,
Forfeiture and Deposit 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 beginning of the proposed event.
Applications from first-time applicants or previously approved applicants
whose proposed event is different in any material way from the previously
approved event, making substantial changes to previous plans, shall
be reviewed by the License Review Committee and the Common Council.
In all other cases, the City Clerk may approve such application. If
the application is for a license to be used in a City park, the applicant
shall specify the main point-of-sale facility.[4]
G.
Retail "Class C" licenses.
(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)
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
or for a restaurant in which the sale of alcohol beverages accounts
for less than 50% of gross receipts and which has a barroom in which
wine is the only intoxicating liquor sold. A "Class C" license may
not be issued to a foreign corporation, a foreign limited liability
company or a person acting as agent for or in the employ of another.[5]
(4)
A "Class C" license shall particularly describe the premises for
which it is issued.
(5)
The license shall expire on June 30.
H.
Reserve "Class B" license. A reserve "Class B" license means a license
that is not granted or issued on December 1, 1997, and is counted
under § 125.51(4)(br), Wis. Stats., which authorizes the
retail sale of intoxicating liquor for consumption on the premises
where sold by the glass to be consumed on the licensed premises or
in the original package or container in multiples not to exceed four
liters at any one time and to be consumed off the licensed premises,
except that wine may be sold in the original container or otherwise
in any quantity to be consumed off the premises.
I.
Beer garden permit. A permit which authorizes the sale and consumption
of fermented malt beverages, wine and intoxicating liquors (to the
same degree allowed under the permittee's alcohol beverage license)
in an unroofed area immediately adjacent to a building which is part
of a Class "B" or "Class C" licensed premises. The permit shall expire
on June 30 and be subject to the fee set forth in the City's Fee,
Forfeiture and Deposit Schedule.[6]
J.
Patio permit. A permit which authorizes table-service sales of fermented
malt beverages, wine and intoxicating liquors (to the same degree
allowed under the permittee's alcohol beverage license) in an unroofed
area with seating for 40 or fewer patrons appurtenant to a Class "B"
or "Class C" licensed premises. The permit shall expire on June 30
and be subject to the fee set forth in the City's Fee, Forfeiture
and Deposit Schedule.[7]
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 § 272-4 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 as prescribed in the City's Fee, Forfeiture
and Deposit Schedule. 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 as prescribed in the City's Fee, Forfeiture and Deposit
Schedule. 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 as prescribed in the City's Fee, Forfeiture
and Deposit Schedule per event.
D.
Temporary "Class B" wine license. The fee for this license shall
be as prescribed in the City's Fee, Forfeiture and Deposit Schedule
per event. However, there shall be no fee if the temporary wine license
is obtained along with a temporary fermented malt beverage license.[2]
E.
"Class A" intoxicating liquor retailer's license. The annual fee
for this license shall be as prescribed in the City's Fee, Forfeiture
and Deposit Schedule.
F.
"Class B" intoxicating liquor retailer's license. The annual fee
for this license shall be as prescribed in the City's Fee, Forfeiture
and Deposit Schedule. 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.
G.
"Class C" wine license. The annual fee for this license shall be
as prescribed in the City's Fee, Forfeiture and Deposit Schedule.
The fee for less than one year shall be prorated.
H.
Reserve
"Class B" license.
(1)
Subject
to the limitations contained herein, the fee for a reserve "Class
B" license shall be as set forth in the City's Fee, Forfeiture and
Deposit Schedule.
(2)
Renewal.
The annual fee for renewal of a reserve "Class B" license shall be
as set forth in the City's Fee, Forfeiture and Deposit Schedule.
I.
Applications for the renewal of liquor licenses filed after April
15 shall be accompanied by a late fee as prescribed in the City's
Fee, Forfeiture and Deposit Schedule. The City reserves the right
to reject all untimely applications. Depending upon the circumstances,
applications filed after April 15 may not be able to be reviewed by
the City prior to expiration of the existing license. Payment of the
late fee does not ensure the application will be reviewed in time
for renewal prior to expiration of the existing license.
A.
Contents.
(1)
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. 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.
[Amended 5-18-2015 by Ord. No. 5-15-671]
(2)
The City requests that the fee prescribed for such license in the
City's Fee, Forfeiture and Deposit Schedule shall accompany the application.
The fee at a minimum shall be submitted no later than 14 days prior
to the date of issuance of such license.[1]
(3)
All applicants for retail licenses must provide a copy of their seller's
permit along with their application, as proof that they are in good
standing for sales tax purposes, before they may be issued a license.
B.
Corporations. Such application shall be filed and sworn to by the
applicant if an individual, by the president and secretary if a corporation.
C.
Application to contain certain information. The application shall
contain a statement as to whether the applicant has ever been convicted
of a felony or of a violation of federal or state act or ordinance
of the City regulating the sale or use of alcohol beverages and, if
so, the dates of such convictions. The application shall also state
whether any other business than the sale of alcohol beverages and
soft drinks is to be conducted on the premises sought to be licensed
and, if so, a description of the nature of such business, but such
information shall not be required in an application for an operator's
license. Any false statement contained in such application shall automatically
nullify any license pursuant thereto.
D.
Publication.
(1)
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. No license to sell intoxicating liquor
shall be granted until after the expiration of 15 days from the filing
of the application therefor and after proper publication.
(2)
A Class "B" fermented malt beverage retailer's special event license
shall be exempt from the requirements of submitting the application
15 days prior to the license review meeting and publication requirements
of this subsection. An application for said license shall be filed
with the City Clerk and approved by the License Review Committee and
City of Monona Common Council pursuant to the applicable requirements
of this article.
E.
Amending application. Whenever anything occurs to change any fact
set out in the application of any licensee, such licensee shall file
with the City Clerk a notice in writing of such change within 10 days
after the occurrence thereof.
F.
Application fees refunded; when. Whenever a license application is
made it shall be accompanied by the license fee. If the license is
not issued, the applicant is entitled to a refund of 80% of the license
fee.
G.
License quotas. Retail intoxicating liquor and fermented malt beverage
licenses issued by the Common Council shall be limited in number to
the quota prescribed by § 125.51(4), Wis. Stats.
[Added 10-7-2008 by Ord.
No. 7-08-584]
A.
License. The City Clerk may issue a provisional retail license in
accordance with § 125.185, Wis. Stats., upon request, to
any person who has applied for a Class "A," "Class A," Class "B,"
"Class B" or "Class C" license, in situations where a special meeting
of the License Review Committee and/or the Common Council would be
required for approval of the license applied for. The provisional
license shall authorize only the activities that the type of retail
license applied for would authorize. The applicant for a provisional
retail license shall pay a nonrefundable fee as set forth in the City's
Fee, Forfeiture and Deposit Schedule at the time of application. The
provisional license shall expire upon the earlier of: 1) 60 days after
its issuance; or 2) issuance of the Class "A," Class "B," "Class A,"
"Class B," or "Class C" license. All restrictions, conditions and
requirements imposed within this article upon the type of retail license
applied for shall apply to the provisional license.[1]
B.
Standards. A person is qualified to obtain a provisional retail license if that person has submitted a complete application and requisite fee to the City Clerk for a Class "A," "Class A," Class "B," "Class B" or "Class C" license which establishes the applicant meets the requirements for the retail license applied for under § 125.04, Wis. Stats., and § 272-8 of this article, and a special meeting of the License Review Committee and/or Common Council would be required for approval for such license. The City Clerk may revoke a provisional retail license if he or she discovers that the holder of the license made a false statement on the application or is no longer qualified for the license for which he or she applied. A provisional retail "Class B" license may not be issued if the City's quota under§ 125.51(4), Wis. Stats., prohibits issuance of a "Class B" license. No person may hold more than one provisional retail license for each type of license applied for by the holder per year.
A.
Residence requirements. All applicants under this article shall comply
with the restrictions as stated in the "Uniform Guidelines for Issuance
of Alcohol Beverage Licenses (A and B)," established by the City of
Monona License Review Committee.
C.
Violators of liquor or beer laws or ordinances. No retail Class "A"
or "B" or operator's license shall be issued to any person who has
been convicted of a violation of any federal or state alcohol beverage
law or any other law substantially related to the sale of alcohol
beverages or the provisions of this article during one year prior
to such application. A conviction of a member of a partnership or
the partnership itself shall make the partnership or any member thereof
ineligible for a license for one year.
D.
Health and sanitary requirements. No retail 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.
Right to premises. No applicant will be considered unless he or she
has the right to possession of the premises described in the application
for the license period by lease or by deed.
F.
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) and the officers and directors of the
corporation meet the qualifications of § 125.04(5)(a)1 and
3 and (b) and unless the agent of the corporation appointed under
§ 125.04(6) meets the qualification under § 125.04(5)(a)2.
The requirement that the corporation meets the qualifications under § 125.04(5)(a)1
and (b) does not apply if the corporation has terminated its relationship
with all of the individuals whose actions directly contributed to
the conviction.[2]
(2)
Each corporate applicant shall 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.
G.
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.
H.
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.
I.
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), 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.[5]
K.
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, and no Class "A" or "B" intoxicating liquor license shall
be issued for any premises within a residential district under the
City Zoning Code, except where there already exists a license for
such premises.
L.
Keeping of unauthorized alcohol beverages prohibited. No alcohol
beverage shall be kept on any licensed premises if it is of a type
not authorized to be sold by the licensee.
M.
Multiple licenses limited. No person shall hold more than two Class
"A" or "B" licenses of any kind, except this provision does not apply
to hotels or clubs. No license shall be issued to any person if it
would cause that person to hold more than two "A" or "B" licenses
in this state, except that hotels or clubs may hold more than two
liquor licenses. [See §§ 125.32 and 125.51(10), Wis.
Stats.][7]
N.
Training course required. Applicants for retail alcohol beverage
licenses (i.e., "Class A" liquor, Class "A" beer, "Class B" liquor,
Class "B" beer and "Class C" wine licenses) must successfully complete
a responsible beverage server training course in order to qualify
for a license.
A.
Investigation by Chief of Police. The Chief of Police or designee
within the Police Department shall make an investigation of the applicant
to determine whether the applicant possesses the qualifications necessary
for issuance of a license under this article. The Chief of Police
or designee within the Police Department shall also make an investigation
of the premises, if applicable, to determine its suitability for licensing.
B.
Investigation by Fire Chief and Building Inspector. The Fire Chief
and Building Inspector shall inspect the premises proposed to be licensed
under a Class "A" or "B" license to determine whether such premises
conform to the ordinances of the City and the laws of the state and
any administrative regulations that are applicable which have been
issued by the state or any agency of the state.
C.
Report of investigation. Each of the above officers shall file written
reports with the License Review Committee indicating any respects
in which any such officer finds the applicant or the premises proposed
to be licensed unsuitable for the issuance of a license. If any such
report is unfavorable, a copy thereof shall be mailed to the applicant,
together with a notice of the meeting at which the license application
will be considered, with an indication in such notice that the applicant
may appear before the License Review Committee at such time to be
heard with respect to the application.
D.
Investigation by License Review Committee. Each application shall
be referred by the City Clerk to the License Review Committee, which
shall make such additional investigation as to the advisability of
granting such license as may be necessary or desirable. The License
Review Committee shall recommend grant or denial of the license by
the Common Council.
E.
Grant of license. No license shall be granted under this article
until the Council shall authorize the same.
F.
Renewals. This section applies to renewals as well as original applications.
A.
No license shall be granted for operation on any premises or with
any equipment for which taxes, assessments, forfeitures or other financial
claims of the City are delinquent and unpaid.
B.
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.
C.
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.
Following the investigation reports of § 272-9, 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.[1]
B.
If the Common Council denies the license, the applicant shall be
notified in writing, by registered 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 as set forth
in the Fee, Forfeiture and Deposit Schedule. 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.
NOTE: Ch. 125, Wis. Stats., provides for some limited transfers
between licensees. See § 125.04(12), Wis. Stats.
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. The
City Clerk shall affix to the license his or her affidavit.
Every Class "A" and "B" license issued under this article shall
be 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 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 section, 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. Any refusal
to permit such inspection shall automatically operate as a revocation
of any license issued hereunder and shall be a violation of this section.
B.
Employment of minors. No retail "Class B" or Class "B" licensees
shall employ any underage person, as defined in the Wisconsin Statutes,
but this shall not apply to hotels and restaurants. This subsection
shall not apply to a person who has an operator's license or who is
at least 18 years of age and is under supervision as provided in §§
125.32(2) and 125.68(2), Wis. Stats.[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.
D.
Licensed operator on premises. There shall be upon premises operated
under a "Class A," Class "A," "Class B," Class "B" or "Class C" license,
at all times, the licensee, members of the licensee's immediate family
who have attained the legal drinking age, and/or some person who shall
have an operator's license and who shall be responsible for the acts
of all persons serving, as waiters or in any other manner, any fermented
malt beverages to customers. No person other than the licensee shall
serve fermented malt beverages in any place operated under a "Class
B," Class "B," or "Class C" license unless he or she possesses an
operator's license or there is a person with an operator's license
upon said premises at the time of such service.
E.
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.
F.
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.
G.
Clubs. No club shall sell or give away any intoxicating liquors except
to bona fide members and guests invited by members.
H.
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.
I.
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, ware, merchandise
or other articles in exchange for alcohol beverages.
J.
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.
K.
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:
(1)
Exposes his or her genitals, pubic hair, buttocks, perineum, anal
region or pubic hair region; or
(2)
Exposes any device, costume or covering which gives the appearance
of or simulates genitals, pubic hair, buttocks, perineum, anal region
or pubic hair region; or
(3)
Exposes any portion of the female breast at or below the areola thereof;
or
(4)
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.
L.
Violators of liquor or beer laws or ordinances. No retail Class "A"
or "B" or operator's license shall be issued to any person who has
been convicted of a violation of any federal or state alcohol beverage
law or any other law substantially related to the sale of alcohol
beverages or the provisions of this article, during one year prior
to such application. A conviction of a member of a partnership or
the partnership itself shall make the partnership or any member thereof
ineligible for a license for one year.
M.
Possession and consumption outside licensed premises prohibited. No licensee shall permit the possession or consumption of alcohol beverages on any portion of the licensed premises not enclosed within the building, except under license granted by the Common Council pursuant to § 272-20. No person shall consume or have in his or her possession alcohol beverages on any unenclosed part of a licensed premises, except as provided in § 272-20. No licensee shall permit the removal of any alcohol beverage from the licensed premises in an open container. No person shall remove any alcohol beverage from a licensed establishment in an open container.
N.
Liquor premises to have clear view from street. All premises for
which a Class "A" or "B" liquor license shall have been issued shall
be so arranged as to furnish a clear view from the street, except
in the case of restaurants, clubs or hotels; but in the case of any
restaurant, club or hotel where the barroom or licensed portion of
the premises is not visible from the street, there shall not be a
separate advertised entrance from the street to such barroom or licensed
portion of the premises. No such premises shall, during the hours
in which the sale of liquor is prohibited, obstruct by the use of
curtains, blinds, screens or in any other manner a full and complete
view of the interior from the outside.
O.
Sales to intoxicated persons. No person shall procure for, sell,
dispense or give away alcohol beverages to a person who is intoxicated.
P.
Free alcohol beverages in restaurants. No person holding a license
to operate a restaurant may give away or permit to be given away any
alcohol beverages on the restaurant premises.
Q.
Public place. No owner, lessee or person in charge of a public place
shall permit the consumption of alcohol beverages on the premises
of the public place unless the person has an appropriate retail license
or permit.
R.
Place-to-place deliveries. No person shall peddle any alcohol beverage
from house to house where the sale and delivery are made concurrently.
S.
No advertising by sound. No person shall use any amplification device
for the purpose of advertising the sale of alcohol beverages.
Annotation: See Colonnade Catering Corp. v. United States, 397
U.S. 72, 90 S. Ct. 774 (1970); and State v. Erickson, 101 Wis. 2d
224 (1981), for guidelines for warrantless searches of licensed premises.
[Amended 5-7-2012 by Ord.
No. 5-12-639[1]]
Closing hours shall be established in conformance with §§ 125.32(3)
and 125.68(4), Wis. Stats., and further restricted as follows:
A.
Hours.
(1)
Class A establishments.
(a)
"Class A" liquor licenses. No establishment holding a "Class
A" liquor license shall remain open for the sale of alcohol beverages
between 9:00 p.m. and 6:00 a.m.
(b)
Class "A" fermented malt beverage licenses. No establishment
holding a Class "A" fermented malt beverage license shall remain open
for the sale of alcohol beverages between 9:00 p.m. and 6:00 a.m.
(c)
Inaccessibility. Establishments holding either a "Class A" liquor
and Class "A" fermented malt beverage licenses shall, between the
hours of 9:00 p.m. and 6:00 a.m., take the necessary measures to make
all intoxicating liquor and fermented malt beverages in original packages,
containers and bottles inaccessible for public sale. The term inaccessible
for public sale may include but is not limited to locking of display
cases, covering or removing intoxicating liquor and fermented malt
beverages in original packages, containers and bottles from the public
shopping area. Such establishments shall also post at least one sign
in the area of product sales or where the intoxicating liquor and
fermented malt beverages in original packages, containers or bottles
are located for the purpose of notifying the public of the limitations
on hours of sale.
(d)
Carry-out ban. No person may sell on or carry away from an establishment
holding a "Class A" liquor license or Class "A" fermented malt beverage
license alcohol beverages in original packages, containers or bottles
between 9:00 p.m. and 6:00 a.m.
(2)
Class B establishments.
(a)
"Class B" liquor licenses. No establishment holding a "Class
B" liquor license shall 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; except that, on the Sunday that daylight
saving time begins, as specified in § 175.095(2), Wis. Stats.,
no premises may remain open between 3:30 a.m. and 6 a.m. There shall
be no closing hours on January 1.
(b)
Class "B" fermented malt beverage licenses. No establishment
holding a Class "B" fermented malt beverage license shall 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; except that,
on the Sunday that daylight saving time begins, as specified in § 175.095(2),
Wis. Stats., no premises may remain open between 3:30 a.m. and 6 a.m.
There shall be no closing hours on January 1.
(c)
Carry-out ban. No person may sell on or carry away from an establishment
holding a "Class B" liquor license or Class "B" fermented malt beverage
license alcohol beverages in original packages, containers or bottles
between 9:00 p.m. and 8:00 a.m.
(3)
"Class C" wine license. No establishment holding a "Class C" wine
license shall 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; except that, on the Sunday that daylight saving
time begins as specified in § 175.095(2), Wis. Stats., no
premises may remain open between 3:30 a.m. and 6 a.m. There shall
be no closing hours on January 1.
(4)
Wholesalers. No establishment holding a wholesalers' license shall
remain open for the sale of alcohol beverages between 5:00 p.m. and
8:00 a.m.; except on Saturday, when the closing hour shall be 9:00
p.m.
B.
Hotels, restaurants and other businesses. Hotels and restaurants, the principal business of which is the furnishing of food or lodging to patrons; bowling alleys; 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 above.
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 Monona, 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 C" 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 the following requirements
are met:
A.
Compliance with eligibility standards. The organization shall meet the eligibility requirements of a bona fide club, church, chamber of commerce, veterans' association, lodge or society as set forth in §§ 125.26(6) and 125.51(10), Wis. Stats., and shall fully comply with the requirements of this section and Article II of this chapter.[1]
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, when ticket sales, beer and/or
wine sales stop, when to vacate the area, and that no beer and/or
wine is allowed outside the event area.
C.
Fencing. A double-row snow fence shall be required and installed
around the event area. The snow fence and, if used, tent shall be
erected no more than 48 hours in advance and removed within 48 hours
after the event is over. Where possible, there shall be only one point
of ingress and egress. The double fence shall be a minimum of four
feet high and a minimum of six feet between fences. Exceptions may
be granted for instances of inclement weather or undue hardship.
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, except for a
person 18 years of age or over who possesses a valid operator's license.[2]
E.
Licensed operators requirement. A licensed operator shall be stationed
at all points of sales at all times. The names of these operators
shall be provided to the City Clerk at least one week in advance.
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 Monona. The applicant
may be required to furnish a performance bond prior to being granted
the license.[3]
H.
Underage monitor. There should be at least one responsible person
in attendance at all hours the event is open to the public to monitor
the ages of persons entering the event area and to be sure no alcohol
beverage leaves the event area. The names and driver license numbers
of these responsible persons shall be provided to the City Clerk at
least one week prior to the event. The Police Chief will approve these
persons.
I.
Law enforcement officer presence. The License Review Committee may
require a uniformed police officer to be present at all times, at
its option.
J.
Ticket sales. Ticket sales, if used, shall stop at 11:45 p.m. Sale
of beer shall stop at 12 midnight. The event area shall be vacated
by 12:30 a.m.
K.
Glass containers. Beer shall not be served in glass containers. Recycling
of used containers should be promoted at these events. Incentives
which promote beer consumption, such as trophies and volume discounts,
are not permitted.
L.
Portable toilets. Portable toilets may be required.
M.
Amplification devices. Use of amplification equipment at the event
will follow Monona Municipal Code requirements.
N.
City cleanup. If the City is required to clean up after the event,
the cost for such will be billed to the organization.
O.
Past record. Permits may not be granted if past problems have occurred.
A.
Procedure. Whenever the holder of any license under this article violates any portion of this article or Article II of this article, proceedings for the revocation, suspension or nonrenewal 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. The License Review Committee shall serve as the hearing agency for the Common Council in any such proceedings.[1]
[1]
Editor's Note: Former Subsection (b), which immediately followed
this subsection, was repealed 7-19-2010 by Ord. No. 6-10-615.
B.
Cancellation or forfeiture of license; fees not refunded. If a Class
"A" or "B" license issued hereunder is not used within 15 days after
its issuance, or if after its issuance its usage is discontinued for
a period of 15 days or more, the license may be canceled by the Council.
If any license issued under this article is revoked for cause or is
voluntarily surrendered, no refund shall be made of any part of the
license fee.
C.
Nonrenewal of licenses. Before renewal of any license issued under
this article is refused, the licensee shall be given written notice
of any charges or violations against him or her 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 License Review Committee
and the Common Council on such motion.
D.
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.
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 5:00 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.
[Amended 3-17-2014 by Ord. No. 2-14-657]
A.
Required for outdoor consumption. No licensee shall permit the consumption
of alcohol beverages on any part of the licensed premises not enclosed
within the building except under a permit granted by the Common Council
pursuant to this section. Notwithstanding the previous sentence, outdoor
smoking areas approved prior to July 8, 2013, which authorized the
consumption of alcohol and are still in use as of March 2014, may
continue to be used for those limited purposes as previously authorized.
Such permits may be issued by the Council as provided herein after
review by the Plan Commission and License Review Committee. The permits
are a privilege in which no rights vest and, therefore, may be revoked
by the Council at its pleasure at any time or shall otherwise expire
on June 30 of each year. No person shall consume or have in his or
her possession, or serve to another person, alcohol beverages on any
unenclosed part of a licensed premises which is not described in a
valid beer garden or patio permit. The City Clerk shall develop and
periodically update as necessary application forms for beer garden
and patio permits.
B.
Limitations on issuance of beer garden and patio permits. The following
restrictions apply to both beer garden permits and patio permits:
(1)
Use of all beer gardens and patios shall completely cease no later
than 9:00 p.m. for all purposes, except cleaning by employees of the
licensee.
(2)
Sound from any source that is emitted from the outdoor area and measured at any property line of the real property on which the licensed premises is located shall not exceed the limits set forth in § 480-10.
(3)
All necessary zoning approvals shall be subject to review and approval
by the Plan Commission.
(4)
Applications for either a beer garden or patio permit shall accurately
describe the area intended for use as a beer garden or patio and shall
describe with specificity the nature of visual and video surveillance,
fencing and other measures intended to provide control over the operation
of the beer garden or patio.
(5)
The permittee shall install and maintain digital video surveillance
covering the entire area of the beer garden or patio as approved by
the Chief of Police. The permittee shall keep digital recordings for
a minimum of 30 days and promptly make them available to the Monona
Police Department upon request.
C.
Limitations on issuance of beer garden permits. In addition to the restrictions set forth in Subsection B, permits issued for beer gardens shall be governed by the following additional restrictions and considerations:
(1)
A separate bar may be located in a beer garden for service of alcohol
to the same degree allowed within the indoor premises.
(2)
A licensed operator shall be present in the beer garden at all times
when alcohol beverages are sold or consumed in the beer garden.
(3)
In considering an application for a beer garden, the approval authority
shall consider the proximity of residential structures. A proposed
beer garden located within 100 feet of the lot line to any property
upon which a residential structure is located shall only be approved
in exceptional situations where no other location on the property
of the licensed premises is reasonably practicable and under additional
restrictions to minimize to the greatest degree reasonably possible
the impact on the nearby residences.
(4)
Every beer garden shall be completely enclosed with a fence or wall
not less than five feet in height, as approved by the Plan Commission.
Beer gardens shall only be accessible through a latched gate, which
shall remain closed except for ingress and egress of individual persons.
D.
Limitations on issuance of patio permits. In addition to the restrictions set forth in Subsection B, permits issued for patios shall be governed by the following additional restrictions and considerations:
(1)
Patio permits shall only be issued for areas with seating for no
greater than 40 persons.
(2)
Alcohol may be sold only to and consumed by patrons seated at tables.
If the patio is not directly accessible from the indoor licensed premises,
then alcohol shall be served to patrons only by licensed operators.
(3)
No separate bar may be located in a patio.
(4)
The Plan Commission or Common Council may require that the patio
be enclosed partially or completely by a fence or wall, as appropriate
in the specific circumstances of any application.
E.
Adjoining and nearby property owners and residents to be notified
of pendency of applications. All property owners and residents within
250 feet of the proposed beer garden or patio shall be notified of
the pendency of an application for a beer garden permit or patio permit
by City staff. This provision shall be interpreted liberally to provide
notice to all persons residing within said area of the time, date
and location of the initial meetings of both the License Review Committee
and the Plan Commission at which any such application will be considered.
F.
State statutes enforced within beer garden and patio. Every permittee
under this section shall comply with and enforce all provisions of
Ch. 125, Wis. Stats., applicable to its licensed premises, except
insofar as such provisions are clearly inapplicable. Violation of
the provisions of Ch. 125, Wis. Stats., shall be grounds for immediate
revocation of the beer garden permit or patio permit by the Council.
A.
Except as specifically provided otherwise within this article, any person violating any provision of this article or any condition included on a license application or on the license itself or who provides any false or inaccurate information on a written application shall be subject to a penalty as set forth in § 1-4A of the Code, except that where a lower maximum penalty shall be provided by Chapter 125 of the Wisconsin Statutes for any specific offense, such maximum penalty shall prevail for the same offense committed in violation of this article.[1]
C.
The Chief of Police shall report to the License Review Committee
any conviction under this section.
A.
Operator's license required.
(1)
Operator's licenses; Class "A," "Class A," Class "B," "Class B" or
"Class C" premises. Except as provided under §§ 125.32(3)(b)
and 125.07(3)(a)10, Wis. Stats., no premises operated under a Class
"A," "Class A," Class "B," "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 some person who has an operator's
license and who is responsible for the acts of all persons serving
any fermented malt beverages to customers. An operator's license issued
in respect to a vessel under § 125.27(2), Wis. Stats., is
valid outside the municipality that issues it. For the purpose of
this section, 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 in any place operated
under a Class "A," "Class A," Class "B," "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 11-3-2014 by Ord. No. 10-14-666; 10-16-2017 by Ord. No. 9-17-689; 6-15-2020 by Ord. No. 6-20-731]
(1)
The City Clerk may issue an operator's license to any applicant who
meets the qualifications set forth in § 125.04(5), Wis.
Stats., and pays the fee set forth in the City's Fee, Forfeiture and
Deposit Schedule. Such 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 and/or premises to be licensed complies with all regulations,
ordinances and laws applicable thereto. The Police Department shall
conduct an investigation within two working days 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. If the Chief
of Police recommends denial, the application shall be referred to
the License Review Committee for review and recommendation by it to
the Common Council for consideration.
(3)
The City Clerk shall issue the license within seven working days
from approval.
C.
Duration. Licenses issued under the provisions of this article shall
be valid for a period of one year and shall expire on the 30th day
of June of each year. An operator may apply for a two-year license.
D.
Operator's license fee; provisional or temporary licenses.
[Amended 11-3-2014 by Ord. No. 10-14-666]
(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. At the time of application, the applicant shall provide documentation that he or she has either completed the training course described in § 272-22F, or that he or she is currently enrolled in such a course. If a provisional license is issued to a person enrolled in a training course who fails to successfully complete the course, the provisional license shall be revoked. A provisional license may not be issued to any person who has been denied an operator's license by the Common Council or who has had his or 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 or she discovers that the holder of the license made a false statement on the application.
(3)
Temporary license. The City Clerk may issue a temporary operator's
license, provided that:
[Amended 10-16-2017 by Ord. No. 9-17-689; 6-15-2020 by Ord. No. 6-20-731]
(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.
(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.
(d)
The fee for this license shall be prescribed in the City's Fee,
Forfeiture and Deposit Schedule.
E.
Issuance or denial of operator's licenses.
[Amended 11-3-2014 by Ord. No. 10-14-666]
(2)
If the application is denied by the Common Council, the City Clerk
shall, in writing, inform the applicant of the denial and the reasons
therefor.
(3)
Because a license is a privilege, the issuance of which is a right
granted solely to the City, the Common Council reserves the right
to consider the severity and facts and circumstances of the offense
when making the determination to deny or not renew a license.
F.
Training course.
(1)
Except as provided in Subsection F(2) below, the Common Council 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:[3]
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 nonrenewal, suspension or revocation of the license. Any such
action shall proceed in accordance with§ 125.12, Wis. Stats.,
and the License Review Committee shall be the official hearing body.
[Amended 11-3-2014 by Ord. No. 10-14-666]
A.
Forfeitures for violations of §§ 125.07(1) through (4) and 125.09(2), Wis. Stats., adopted by reference in § 272-1 of the Code of the City of Monona, 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.
B.
Any person who shall violate any provision of this article of the Code of the City of Monona, except as otherwise provided herein, or who shall conduct any activity or make any sale for which a license is required without a license, shall be subject to a forfeiture as provided in § 1-4, Penalties, of Ch. 1, General Provisions, of the Code of the City of Monona.
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 1994 Code; amended in
its entirety 3-3-2014 by Ord. No.
2-14-658]
A.
Regulations. It shall be unlawful for any person to sell, serve or
give away, or offer to sell, serve or give away, any alcohol beverage
upon any public street, sidewalk, alley, public parking lot, highway,
cemetery or drives or other public area within the City of Monona
or on private property without the owner's consent, except at licensed
premises. It shall be unlawful for any person to consume or have in
his or her possession any open container containing alcohol beverage
upon any public street, public sidewalk, public way, public alley
or public parking lot within the City except as licensed premises.
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.
D.
Exceptions.
(1)
The provisions of this section may be waived by the Common Council
for duly authorized events.
E.
Commercial quadricycles. It shall be unlawful for any passenger on
a commercial quadricycle to consume a fermented malt beverage.
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.
Vehicle as defined in§ 340.01(8m), Wis. Stats.,
as may be amended from time to time.
Any location within the City which is open to access to persons
not requiring specific permission of the owner to be at such location,
including all parking lots serving commercial establishments.
Any person under the legal drinking age as defined by the
Wisconsin Statutes.
