[Amended 8-14-2013 by Ord. No. 3523; 2-14-2018 by Ord. No. 3652]
The provisions of Ch. 125, Wis. Stats., defining, describing
and regulating the sale, procurement, dispensing, consumption and
transfer of alcohol beverages, including provisions related to underage
persons and social hosts, are hereby adopted in their entirety and
as subsequently amended thereafter. Violation of any such provision
shall constitute a violation of this chapter. Penalties for violations
by or relating to sale, procurement, dispensing or transfer to underage
persons shall strictly conform to the penalties imposed for violations
of identical offenses defined and described in Ch. 125, Wis. Stats.
[Amended 8-14-2013 by Ord. No. 3523]
This chapter is in addition to state law, and a prosecution
under state law shall not preclude City prosecution hereunder.
[Amended 8-14-2013 by Ord. No. 3523; 4-24-2014 by Ord. No. 3544]
By filing an application for a license authorized by this chapter,
the applicant consents that the Council may make any rule or regulation,
or alteration or amendment, to this chapter at any time during the
period for which such license is granted.
[Amended 2-9-2011 by Ord.
No. 3452-A; 3-9-2011 by Ord. No. 3455; 7-27-2011 by Ord. No. 3465; 8-14-2013 by Ord. No. 3523; 4-24-2014 by Ord. No. 3544; 4-8-2015 by Ord. No. 3579]
C. One "Class B" intoxicating liquor license or Class "B" fermented
malt beverage license shall be granted for each 500 residents of the
City. No person shall hold more than one Class B intoxicating liquor
and/or fermented malt beverage license in the City.
[Amended 4-24-2014 by Ord. No. 3544]
[Amended 8-14-2013 by Ord. No. 3523]
A. The City Clerk shall notify the Chief of Police, Fire Chief and Building
Inspector of each application, and those officials shall inspect or
cause to be inspected each application and the premises and conduct
such other investigation as shall be necessary to determine whether
the applicant and the premises sought to be licensed comply with the
regulations, ordinances and laws applicable thereto, including those
governing sanitation in restaurants, and whether the applicant is
a proper recipient of a license. These officials shall furnish to
the City Clerk, in writing, the information derived from such investigation,
accompanied by a recommendation as to whether a license should be
granted or refused.
[Amended 4-24-2014 by Ord. No. 3544]
B. In determining the suitability of any applicant, consideration shall
be given to the financial responsibility of the applicant, the appropriateness
of the location and the premises proposed and, generally, the applicant's
fitness for the trust to be reposed.
C. No license shall be renewed without a reinspection of the premises
and reports as originally required.
[Amended 9-12-2007 by Ord. No. 3334; 5-14-2008 by Ord. No. 3359; 11-9-2011 by Ord. No. 3478; 8-14-2013 by Ord. No. 3523]
A. Application. This section applies to the application for and issuance
of all Class "A," "Class A," Class "B" (including combination "Class
B" and Class "B" and reserve "Class B"), and "Class C" licenses, and
any combination thereof, and does not apply to operator's licenses,
or temporary licenses or permits of any kind, or any other license
or permit described in Ch. 125, Wis. Stats., except as stated above.
[Amended 4-24-2014 by Ord. No. 3544; 8-27-2014 by Ord. No. 3562]
B. Policy and application. The City of Fond du Lac wishes to establish
a policy for the issuance of licenses for the sale and alcoholic beverages
which reflects the values of the community and which serves to protect
the public health, safety, general welfare, and property values. To
this end, licenses to sell or serve alcoholic beverages shall receive
a high level of review.
[Amended 4-24-2014 by Ord. No. 3544]
C. Alcohol Licensing Committee. There is hereby created an Alcohol Licensing Committee, which shall be advisory to the City Council and shall review all applications for new licenses as well as all disciplinary procedures and issues as to whether a licensee has abandoned the licensed business within the meaning of §
400-9B. In addition, the Alcohol Licensing Committee shall perform such other duties as may be assigned to it from time to time by the City Council. The Alcohol Licensing Committee shall be made up of five members, of which one shall be a member of the City Council. The other four regular members and two alternate members shall be adult residents of the City of Fond du Lac. The four resident members and the two alternate members of the Committee shall be recommended by the City Manager and appointed by the City Council. Resident member and alternate member terms shall be for three years, with a limit of three consecutive terms, except that the initial four resident members shall have terms as follows: one member for one year, one member for two years and two members for three years, as designated by the City Council. An alternate member shall serve on the Committee whenever one of the regular members of the Committee is unavailable. The Council member shall be appointed by the City Council, with the initial term of the first City Council person so appointed continuing until the next organizational meeting. Thereafter, the City Council member of the Committee shall be appointed annually at the City Council organizational meeting, with no limit on the number of consecutive terms a Council member may serve. Staff assistance shall be provided to the Committee by City staff as designated by the City Manager. Staff shall provide a recommendation to the Committee as to the disposition of all applications for new licenses and disciplinary cases as well as issues of abandonment of licensed businesses.
[Amended 4-24-2014 by Ord. No. 3544]
D. Applications for new licenses. The Alcohol Licensing Committee and
the City Council shall consider a number of factors in reviewing and
judging the adequacy of applications, including but not limited to
the character, background, and experience of the applicant; the nature
of the proposed use; the condition of the building; compatibility
with the neighborhood; safety at the proposed location; economic development
considerations; zoning and land use; and any other factor that the
Committee or the Council finds germane to the proposal. Without limiting
the generality of the forgoing, applications for new liquor licenses
shall include consideration of the factors below. Appropriate City
staff shall include the City Manager, the Community Development Department,
the City Clerk's office, the City Attorney's office and other staff
as deemed necessary or desirable. It is not necessary that all of
the foregoing participate in any particular recommendation. Rather,
it is the intent that the makeup of staff involved be flexible to
meet the needs of the particular situation. The Committee shall take
the recommendation and the factors into account and formulate a recommendation
to the City Council.
[Amended 4-24-2014 by Ord. No. 3544]
(1) Factors for judging new license applications:
(a)
Character of applicant, agent, managerial personnel, and owners.
(b)
Experience of applicant and manager in operating a licensed
establishment.
(c)
History of applicant and manager in operation of licensed establishments.
(e)
Design, type, and size of the proposed establishment.
(f)
Proximity to other licensed establishments.
(g)
Proximity to residential buildings or areas.
(h)
Ability of Police Department to ensure public safety at this
location.
(i)
Condition of building/premises.
(j)
Compatibility of proposed use with neighborhood.
(k)
Zoning and land use considerations.
(l)
Likely impact on property values.
(m)
Economic development considerations.
(2) Ranking applications. When judging between applications, those applications
shall be kept on a waiting list. Time on the list shall not create
any preference. As licenses become available, applications on the
list will be reviewed by the Committee, and the Committee shall recommend
which applications, in order of priority, should be granted.
(3) Application for corporate license. All applications for corporate
licenses shall contain the following information, as stated in the
last annual report of the corporation:
(a)
A copy of the Articles of Incorporation, unless such application
is for renewal of existing license, and a copy of any amendments to
the Articles of Incorporation that have been filed with the Secretary
of State and have not previously been filed with the City Clerk.
(b)
A list of the officers and directors of the corporation with
their residences.
(c)
A list of the stockholders of the corporation, together with
the extent of their ownership, and their residences.
(d)
A statement by the applicant showing whether any corporate officers,
directors or stockholders of the applicant hold any office or stock
in a corporation holding a Class A or Class B beer or liquor license
in any part of the State of Wisconsin.
(4) Application for limited liability company license.
(a) All applications for limited liability company licenses shall contain
the following information:
[1]
A copy of the articles of organization, unless such application
is for renewal of an existing license, and a copy of any amendments
to the articles of organization that have not previously been filed
with the City Clerk.
[2]
A list, kept in alphabetical order, of each past and present
member and, if applicable, manager. The list shall include the full
name and last known mailing and residence address of each member or
manager, the date on which the person became a member or manager and
the date, if applicable, on which the person ceased to be a member
or manager.
[3]
A copy of the operating agreement and all amendments to the
operating agreement.
[4]
Unless set forth in the operating agreement, the value of each
member's contribution to the limited liability company as determined
under § 183.0501(2), Wis. Stats.
[5]
A statement by the applicant showing whether any members or
managers of the applicant hold any office or stock in a corporation
or limited liability company or are members or managers of any limited
liability company holding a Class A or Class B beer or liquor license
in any part of the State of Wisconsin.
(b) For purposes of this subsection, the term "manager" is defined as
in § 183.0102, Wis. Stats.
E. Reserve licenses. Application for reserve licenses shall be considered
in the same manner as regular licenses, but reserve licenses shall
only be issued after all regular licenses are issued. The initial
reserve license fee shall be $10,000 as prescribed by state law and
shall be retained by the City to help defray costs of the City's alcohol
licensing and enforcement efforts, including, without limitation,
any license hearings, educational courses for license holders and
their employees and the like. This initial fee is in addition to all
other fees as required by law.
F. Renewing licenses. Renewal of existing licenses shall be handled
by the City Council and the Committee shall have no role in that process,
unless requested by the City Council.
G. Abandonment of business. In determining whether or not a license holder has abandoned the licensed business within the meaning of §
400-9, the Alcohol Licensing Committee shall examine the facts and circumstances and shall report its findings along with any recommendations to the City Council. In making its determination and any recommendation, the Alcohol Licensing Committee shall consider, in addition to any other factors it deems relevant, the recommendation of staff and the following factors. It is not intended that these factors limit the discretion of the Alcohol Licensing Committee, rather that they provide guidelines in making a determination and recommendation.
(1) Factors of interest if the business has never opened:
(a)
Period of time since the City Council granted the license.
(c)
If new construction or remodeling, the anticipated period of
construction or remodeling.
(d)
Unanticipated or intervening circumstances since granting of
license.
(e)
Progress or lack thereof toward opening.
(f)
Updated business plan and anticipated timelines since granting
of license.
(g)
Such other facts and/or circumstances that are deemed relevant.
(2) Factors of interest if the business has ceased or suspended operations:
(a)
Period of time since cessation or suspension of business.
(b)
Reason for suspension or cessation of business.
(c)
Current business plan of licensee and licensee's anticipated
timeline for action.
(d)
Progress or lack thereof toward anticipated action.
(e)
Such other factors and/or circumstances that are deemed relevant.
[Added 9-12-2007 by Ord.
No. 3334; amended 8-14-2013 by Ord. No. 3523; 4-24-2014 by Ord. No. 3544; 6-14-2023 by Ord. No. 3772A; 2-28-2024 by Ord. No. 3785]
A. System created. There is hereby established a point system for the
purpose of guiding the Alcohol Licensing Committee in making recommendations
on possible suspensions or revocations of alcohol beverage licenses.
The number of demerit points will be assigned according to the type
of violation. The system is intended to identify habitually troublesome
liquor licensees who repeatedly violate state statutes and/or City
of Fond du Lac ordinances and to take consistent action against such
licensees.
B. Assignment of points. There are hereby assigned the following demerit
points for each type of violation:
Types of Violations
|
Ordinance/Law
|
Demerit Points
(per incident)
|
---|
Refusal to allow police to search premises or refusal to cooperate
with lawful investigation by police or Department of Revenue
|
§ 946.41, Wis. Stats.
|
150
|
Refusal to cooperate with Fire Chief or designee
|
City Code Chapters 69 and 343
|
150
|
Conducting unlawful business
|
|
150
|
Nude or seminude entertainer/employee on premises unless permitted
by law
|
|
150
|
Owner/employee selling controlled substances
|
City Code § 500-5; Ch. 961, Wis. Stats
|
150
|
Illegal drug paraphernalia on premises
|
Ch. 961, Wis. Stats.
|
100
|
Unauthorized transfer/use of license
|
|
90
|
Exceeding posted occupancy capacity
|
|
80
|
Sale of alcohol to person under age 21 without parent, guardian
or spouse of legal drinking age
|
|
80
|
Person under age 21 on premises without parent, guardian or
spouse of legal drinking age
|
|
80
|
Sale to intoxicated person
|
|
80
|
False statement on application
|
|
70
|
Delinquent taxes, assessments
|
|
150
|
Failure to maintain order; fights/disorderly conduct, Police
Department not notified by bar
|
§ 947.01, Wis. Stats.
|
80
|
Failure to maintain order; fights/disorderly conduct, Police
Department notified by bar
|
§ 947.01, Wis. Stats.
|
5
|
Littering by patrons or employees
|
|
10
|
Unnecessary loud noise
|
|
45
|
Public consumption outside tavern property
|
|
45
|
Open after hours
|
|
45
|
No licensed bartender on premises
|
|
40
|
Unlicensed amusement devices on premises
|
|
30
|
After hours carryouts
|
|
30
|
Failure to display license
|
|
25
|
Penalty enhancer for severe offenses; enhanced penalty for conduct
which (1) results in bodily harm to any individual; (2) creates a
substantial risk of death or bodily harm; (3) involves the use of
a firearm or other dangerous weapon; or demonstrates an ongoing disregard
for the requirements of state law or municipal ordinances
|
|
Up to 150 additional points
|
Health Code
|
|
|
Noncritical violation
|
|
25
|
Critical violation
|
|
80
|
Gambling machine in a "Class A" establishment
|
§ 945.03(1m), Wis. Stats.
|
35
|
More than allotted gambling machine in a "Class B" establishment
|
§ 945.04(2m), Wis. Stats.
|
35
|
Unauthorized gambling
|
Ch. 945, Wis. Stats.
|
35
|
C. Method of determination. In determining the accumulated points, the
date of the violation is used as the basis for assigning the demerit
points per incident. A conviction for a violation is not necessary
to assign points. That decision is made by the Chief of Police or
his designee based on his analysis of the violation, including the
presence of any mitigating circumstances such as notification of an
incident by the licensee or cooperation with any lawful investigation.
D. Point notification. The Police Department will notify the Alcohol
Licensing Committee and the license holder of any incidents which
result in the assessment of demerit points.
E. Correction meeting.
(1) Notice.
Whenever the Chief of Police or designee determines that, on two or
more occasions within a twelve-month period, a licensee has violated
any provision of this chapter or Ch. 125, Wis. Stats., in a manner
resulting in enforcement action, the Chief may notify the licensee
in writing. The notice shall contain the street address of or other
description sufficient to identify the licensed premises, a description
of the violations and enforcement actions that have occurred at the
premises, and notice of the time and place at which the licensee is
scheduled to meet with the Chief and the City Attorney as described
in this section.
(2) Any licensee receiving notice pursuant to Subsection
E(1) shall meet with the Chief of Police or designee and the City Attorney or designee at the date and time prescribed in the notice. The parties shall review the problems occurring at the licensed premises. Within 10 days of this meeting, the licensee shall submit to the Chief and City Attorney an abatement plan to end the alcohol beverage-related violations and enforcement actions on the premises. The plan shall also specify the name, address, and telephone number of a person living within 60 miles of the property who can be contacted in the event of further police, fire, or inspection contact. Additionally, the plan shall include a signed statement from the licensee indicating their understanding that if they fail to comply with the abatement plan or to take the actions discussed at the meeting, the City may move forward with efforts to revoke, suspend, or not renew their license. An abatement plan shall remain active for one year.
[Added 9-12-2007 by Ord.
No. 3334]
A. Hearings and recommendations. The Alcohol Licensing Committee is
hereby designated as the duly authorized committee that shall hold
hearings as prescribed in § 125.12, Wis. Stats. As provided
by law, after the hearing the Alcohol Licensing Committee shall submit
a report to the City Council, including findings of fact, conclusions
of law and a recommendation as to what action, if any, the City Council
should take with respect to the license. In making its recommendation,
the Committee shall consider, in addition to all other factors it
deems relevant, the following guidelines. It is not intended that
these guidelines limit the discretion of the Alcohol Licensing Committee,
rather that they provide guidance in formulating a recommendation.
(1) For demerit points totaling 25 to 149 within a rolling twelve-month
period, a recommendation that the licensee be warned of the consequences
of additional violations.
(2) For demerit points totaling 150 to 199 within a rolling twelve-month
period, a recommendation of a warning or a suspension of the license
for a period of not less than 10 days and up to 90 days.
(3) For demerit points totaling 200 or more within a rolling twelve-month
period, a recommendation of a warning or a suspension of the license
for a period of not less than 10 days and up to 90 days or of revocation
of the license.
[Amended 2-28-2024 by Ord. No. 3785]
B. Transfer/sale of licensed business.
(1) Upon the transfer or sale of the licensed business, all accumulated
demerit points shall be cancelled unless any of the following apply:
(a)
The new licensee is related to the former owner by blood, adoption
or marriage.
(b)
The new licensee held a business interest in the previous licensed
business, real estate or equipment.
(c)
The former licensee retains an interest in the previous licensed
business, real estate or equipment.
(d)
The new licensee's acquisition of the business did not involve
an arm's length transaction consisting of an open market sale in which
the owner is willing but not obligated to sell and the buyer is willing
but not obligated to buy.
(2) If any of the above apply, the new licensee shall inherit the demerit
points previously assessed and be subject to the penalties prescribed
by law.
C. Scope. Nothing in this section shall be construed to conflict with,
abridge or modify the rights or procedures established for revocation
or suspension of licenses in § 125.12, Wis. Stats.
[Amended 4-12-2023 by Ord. No. 3768]
A. Generally. As provided and subsequently amended in Wis. Stats., § 125.26(1)
and (6), temporary Class "B" picnic 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 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 Alcohol Licensing Commission.
B. Application. Application for such license shall be signed by the
president or corresponding officer of the society or association making
such application and shall be filed with the City Clerk together with
the appropriate license fee for each event for which the license is
sought. Any person fronting for any group other than the one applied
for shall, upon conviction thereof, be subject to a forfeiture of
$200 and will be ineligible to apply for a temporary Class "B" picnic
license for one year. The license shall be filed as minimum of 15
days prior to the meeting of the Alcohol Licensing Commission at which
the application will be considered for events of more than three consecutive
days.
C. Issuance by City Clerk. If approval by the Alcohol Licensing Commission
cannot be obtained in a timely manner on an application under this
subsection, the City Clerk shall have the authority to issue temporary
Class "B" picnic licenses, subject to the review and approval of the
Chief of Police or designee. Licenses issued by the City Clerk may
only be to organizations that have received past approval for such
a license by the Alcohol Licensing Commission for previous similar
events. Said license issued by the City Clerk shall be subject to
such conditions as required by the Chief of Police or designee to
assist in the enforcement of laws relating to the regulation of fermented
malt beverages and intoxicating liquor.
[Amended 4-12-2023 by Ord. No. 3768]
A. Regular. Application for an operator's license under § 125.17, Wis. Stats., shall state the name, residence, age, birth date and sex of the applicant, together with other pertinent information as the City Clerk requires. The City Clerk is authorized to grant and issue such licenses after consulting with the Chief of Police or designee, provided that the person meets the qualifications set forth in Wis. Stats. § 125.04(5) for issuance of licenses relating to alcohol beverages and other relevant factors related to public safety and §
400-7 of the Code of the City of Fond du Lac.
B. Provisional. The City Clerk, after consulting with the Chief of Police or designee, may issue a provisional operator's license to a person who is enrolled in a training course under § 125.17(6)(a), Wis. Stats., and shall revoke that license if the applicant fails to successfully complete the course in which the applicant enrolls. The City Clerk may issue a provisional operator's license to a person, provided that the person meets the qualifications in Wis. Stats. § 125.04(5) for issuance of licenses relating to alcohol beverages and other relevant factors related to public safety and §
400-7 of the Code of the City of Fond du Lac.
[Amended 7-14-1993 by Ord. No. 2686]
A. License required. No holder of a "Class B" liquor or Class "B" fermented
malt beverage license shall afford patrons entertainment five or more
days per week which specifically features or advertises dancing by
the performance of any act, stunt, or dance by performers under his
auspices, whether such performers or dancers are paid or not, unless
he shall first obtain a cabaret license from the City Clerk.
B. License fee. Upon application to the City Clerk and the payment of the fee therefor, a cabaret license will be issued subject to the conditions and regulations set forth in this section. The annual fee shall be set by resolution of the City Council, and the license shall expire on the 30th day of June of each year. A license good for one day only shall require the payment of a fee set by resolution of the City Council after the exclusionary time as set forth in Subsection
A.
[Amended 4-24-2014 by Ord. No. 3544]
C. Regulations.
(1) Entertainers shall not be permitted within three feet of a bar over
which patrons are directly served while entertaining.
(2) While entertainment is in progress, the dance area shall be illuminated
by at least two footcandles per square foot.
(3) Good order shall be maintained at all times.
(4) The management shall obey all orders or directions of any police
officer.
(5) The performance of any act, stunt, or dance by performers under the
auspices of the management shall be given only on an area separated
by a railing or other device from the patrons so as to deter patrons
from participating in any act, stunt, or dance.
(6) No license holder personally or through his agent or employee shall
permit any patron to participate in any act, stunt, or dance with
performers who are under the auspices or furnished by management for
the purpose of dancing.
(7) No patron shall participate in any act, stunt, or dance by performers
who appear under the auspices of the management for the purposes of
entertainment.
D. Penalty. For the violation of this section, the person so convicted thereof shall be subject to a penalty as provided in §
1-4 of this Code.
[Amended 4-24-2014 by Ord. No. 3544]
[Amended 7-14-1993 by Ord. No. 2686; 1-11-2012 by Ord. No. 3482]
Pursuant to authority granted in § 125.32(3)(d), Wis.
Stats., no premises for which a retail Class "A" fermented malt beverage
license and retail "Class A" intoxicating liquor license has been
issued shall sell fermented malt beverages or intoxicating liquors
between the hours of 9:00 p.m. and 8:00 a.m.
[Added 9-9-2015 by Ord.
No. 3588]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
COMMERCIAL QUADRICYCLE
A vehicle with fully operational pedals for propulsion entirely
by human power, that has four wheels and is operated in a manner similar
to a bicycle, that is equipped with at least 12 seats for passengers,
that is designed to be occupied by a driver and passengers providing
pedal power to the drive train of the vehicle, that is used for commercial
purposes.
B. State statutes. Commercial quadricycles operating within the City shall comply with City Code §
241-1, Adoption of statutory provisions, relating to bicycles and play vehicles.
C. No person shall drive a commercial quadricycle upon any street, sidewalk
or other public place in the City without first registering and obtaining
a City license for such commercial quadricycle and securing a license/sticker
visible in the proper registration area.
D. No person shall park a commercial quadricycle upon any sidewalk or
undesignated parking stall. The commercial quadricycle may occupy
up to two designated parking stalls.
E. License and registration required.
(1) Application for registration and license for a commercial quadricycle
shall be made by the owner of the quadricycle, in writing, upon forms
furnished by the City. Such application shall be signed by the owner
and approved by the City Council on an annual basis. The fee for an
annual license shall be set by resolution of the City Council and
paid to the City prior to issuance of the license. Such license shall
be issued on the 15th day of April each year, or thereafter when applied
for, and shall expire on the 14th day of April following its issuance.
(2) Upon payment of the necessary fees and approval of the City Council,
the City may issue or cause to be issued a proper license plate/sticker.
Transfer of the license to another person is prohibited.
(3) Revocation. A license may be revoked by the City Clerk or his/her
designee at the request of the Chief Building Inspector, Fire Inspector,
Fire Chief, Police Chief, or any of their designees for any of the
following reasons:
(a)
Failure to comply with any of the provisions of this section
of the Code.
(b)
Violating any state statutes or City Code violations.
(4) Any applicant whose license has been denied or revoked under the
provisions of this section may appeal said denial or revocation to
the City Manager or his designee.
F. No person shall possess, transport or consume alcohol beverages in
the operation of commercial quadricycles upon any City streets, highways
or public places. No person shall operate commercial quadricycles
when used for nonrevenue-producing events or transportation in addition
to regular commercial activities. The City adopts § 346.945(23)(2)(b),
Wis. Stats., and as subsequently amended by this reference.
(1) No other alcohol beverage, including intoxicating liquor as defined
in Ch. 125, Wis. Stats, may be possessed on, carried upon or consumed
upon a commercial quadricycle.
(2) The above restrictions shall apply whenever a quadricycle is being
used or operated, even if it is for a nonrevenue-producing event or
activity.
G. Equipment requirements. Commercial quadricycles operating within
the City shall be equipped with the following:
(1) Hip restraints as defined by the American National Standards Institute
(ANSI)/National Golf Carts Manufacturers Association (NGCMA) shall
be installed for every seat on the vehicle. The driver of the commercial
quadricycle shall not operate the vehicle unless each passenger thereon
is wearing a hip restraint. The failure of a passenger to wear a hip
restraint shall not be considered evidence of negligence, comparative
or otherwise, including apportionment of fault, on the part of the
passenger, and shall not be evidence used to diminish any recovery
for damages arising out of the ownership, maintenance, occupancy,
or operation of a vehicle.
(2) Lighting on the vehicle which shall be the following:
(a)
A light on the front which shall emit a white light visible
from a distance of 300 feet to the front.
(b)
A taillight mounted on the rear, which when lighted shall emit
a red light plainly visible from a distance of 500 feet to the rear.
(c)
A brake light on the rear which shall emit a red light and which
shall be actuated upon application of the service (foot) brake and
which may, but need not, be incorporated with a taillight. Every brake
light shall be plainly visible and understandable from a distance
of 300 feet to the rear, both during normal sunlight and at nighttime.
(3) Rear signage which shall conform with those standards and specifications
adopted by Ch. Trans 304, Wis. Adm. Code, for slow-moving vehicles
by the American Society of Agricultural Engineers standard ASAE S276.3,
or shall be an emblem of the same shape and size painted on such vehicle
in a bright and conspicuous retro reflective red orange paint. Such
emblem shall be mounted on the rear of such vehicles, in the approximate
horizontal geometric center of the vehicle, at a height of three to
five feet above the roadway, and shall be maintained at all times
in a clean and reflective condition.
(4) A mirror capable of showing the driver a view of the roadway for
a distance of 200 feet to the rear of the vehicle.
(5) A braking system, operable by the driver, that is capable of overriding
all methods of propulsion and bringing the vehicle to a complete stop.
(6) A barrier on both sides of bench seating that restricts sliding beyond
seating capacity.
H. All quadricycles operating for commercial purposes must maintain
the following insurance:
(1) No owner of a commercial quadricycle or any other person shall operate
or authorize any other person to operate a quadricycle for commercial
purposes within the City of Fond du Lac unless the owner has in effect
a policy of comprehensive general liability insurance issued by an
insurance company duly authorized to do business in the State of Wisconsin,
which policy provides for the payment of damages for bodily injury,
loss of consortium or death of a person, and for injury to or destruction
of property of a person or entity, due to the liability of the owner
or operator of a quadricycle arising out of the ownership, operation,
use, or maintenance of a quadricycle. The policy shall provide coverage
with limits in an amount of not less than $1,000,000 per accident.
The policy shall provide that the insurer shall give notice of any
cancellation or nonrenewal of the policy which is due the named insured.
(2) The owner of a quadricycle shall maintain on file with the City of
Fond du Lac Comptroller's office a copy of the current policy of comprehensive
general liability insurance required by subparagraph (1) above. Failure
to comply with this provision shall result in the immediate suspension
of the owner's rights and privileges to operate the quadricycle commercially
within the City.
I. Operator.
(1) The operator of a commercial quadricycle must be of legal drinking
age as defined in Ch. 125, Wis. Stats., and must have a valid Wisconsin
Driver's License to drive/operate a commercial quadricycle in the
City of Fond du Lac.
(2) No operator of a commercial quadricycle may consume alcohol while
the commercial quadricycle is occupied by passengers.
(3) No operator may operate a commercial quadricycle while the person
has a blood alcohol concentration of more than 0.02.
(4) No operator may operate a commercial quadricycle on which any alcohol
beverages are carried or consumed other than fermented malt beverages
permitted under this section.
(5) No person may operate a commercial quadricycle on which any alcohol
beverages other than fermented malt beverages are carried or consumed.
(6) The owner or operator of a commercial quadricycle shall advise passengers
that they may only consume alcohol on quadricycles in compliance with
this City ordinance and/or applicable state statute, and shall conspicuously
post a notice of these restrictions upon the commercial quadricycle
in a form and manner approved by the Fond du Lac City Police Chief
or his/her designee.
(7) No person shall operate a commercial quadricycle if alcoholic beverages
are present, unless all passengers at all times are of legal drinking
age as defined in Ch. 125, Wis. Stats.
J. Passengers.
(1) Passengers on a commercial quadricycle may possess or carry onto
the commercial quadricycle not more than the lesser of 12 ounces per
half hour of scheduled quadricycle use, per person, or a total of
36 ounces of fermented malt beverages and must be of legal drinking
age as defined in Ch. 125, Wis. Stats.
(2) No passenger may occupy a commercial quadricycle on a seat equipped
with a pedal unless such person is physically able to sit upright
in the seat and operate the pedals which power the vehicle.
(3) Every passenger on a commercial quadricycle must have access to protective
headgear approved by the American National Standards Institute (ANSI)
or the Snell Memorial Foundation.
(4) No alcohol beverages, including fermented malt beverages, shall be
possessed, carried upon or consumed on a commercial quadricycle if
any passenger has not attained the legal drinking age as defined in
Ch. 125, Wis. Stats.
K. No glass beverage containers shall be carried upon a commercial quadricycle
while operated on the public way.
L. Hours of operation. No person shall operate a commercial quadricycle
between the hours of 10:00 p.m. to 11:00 a.m., daily.
M. Quadricycle route.
(1) The plan of operation of a licensed commercial quadricycle shall
be reviewed by City staff and committees as assigned by the City Manager
and approved by the City Council. The plan of operation must include
the geographic area in which the quadricycle shall routinely operate
and may include a description of procedures for notifying police or
other authorities when anticipated operation of a commercial quadricycle
deviates from customary routes. If alcoholic beverages are being consumed
on the quadricycle, the trip must not make any additional stops along
the route, except in case of safety requirements.
(2) Any deviation from this route may include a description of procedures
for notifying police or other authorities when anticipated operation
of a quadricycle deviates from customary routes.
N. Failure of a licensee to comply with the regulations of this section
shall constitute grounds for nonrenewal, suspension or revocation
of the license.
In addition to the suspension or revocation of any license issued under this chapter, and except where otherwise specifically provided, any person found to be in violation of any provisions of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in §
1-4 of this Code.