City of Fond du Lac, WI Intoxicating Liquor and Fermented Malt Beverages

Factors for judging new license applications:

Character of applicant, agent, managerial personnel, and owners.

Experience of applicant and manager in operating a licensed establishment.

History of applicant and manager in operation of licensed establishments.

History of premises.

(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.

(n)

Other considerations.

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.

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 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.

A list of the officers and directors of the corporation with their residences.

A list of the stockholders of the corporation, together with the extent of their ownership, and their residences.

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.

Application for limited liability company license.

All applications for limited liability company licenses shall contain the following information:

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.

For purposes of this subsection, the term "manager" is defined as in § 183.0102, Wis. Stats.

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.

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.

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.

Factors of interest if the business has never opened:

Period of time since the City Council granted the license.

Reason for not opening.

If new construction or remodeling, the anticipated period of construction or remodeling.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(g)

Such other facts and/or circumstances that are deemed relevant.

Factors of interest if the business has ceased or suspended operations:

Period of time since cessation or suspension of business.

Reason for suspension or cessation of business.

Current business plan of licensee and licensee's anticipated timeline for action.

Progress or lack thereof toward anticipated action.

(e)

Such other factors and/or circumstances that are deemed relevant.

§ 400-7 Demerit point system.

[Added 9-12-2007 by Ord. No. 3334; amended 8-14-2013 by Ord. No. 3523]

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 shall 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.

Assignment of points. There are hereby assigned the following demerit points for each type of violation:

[Amended 4-24-2014 by Ord. No. 3544; 6-14-2023 by Ord. No. 3772A]

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	City Code Chapter 400	150
Nude or seminude entertainer/employee on premises unless permitted by law	City Code Chapter 400	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	City Code Chapter 400	90
Exceeding posted occupancy capacity	City Code §§ 255-2 and 343-3	80
Sale of alcohol to person under age 21 without parent, guardian or spouse of legal drinking age	City Code Chapter 400	80
Person under age 21 on premises without parent, guardian or spouse of legal drinking age	City Code Chapter 400	80
Sale to intoxicated person	City Code Chapter 400	80
False statement on application	City Code Chapter 400	70
Delinquent taxes, assessments	§ 433-2E	150
Failure to maintain order; fights/disorderly conduct, Police Department not notified by bar	§ 947.01, Wis. Stats.	45
Failure to maintain order; fights/disorderly conduct, Police Department notified by bar	§ 947.01, Wis. Stats.	10
Littering by patrons or employees	City Code § 568-9	10
Unnecessary loud noise	City Code § 500-3	45
Public consumption outside tavern property	City Code § 400-15	45
Open after hours	City Code Chapter 400	45
No licensed bartender on premises	City Code Chapter 400	40
Unlicensed amusement devices on premises	City Code § 208-8C	30
After hours carryouts	City Code Chapter 400	30
Failure to display license	City Code Chapter 400	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	City Code Chapters 356, 476 and 556	25
Critical violation	City Code Chapters 356, 476 and 556	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	§ 945, Wis. Stats.	35

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.

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.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Point reduction courses. During any demerit point counting period, a licensee may regain up to 50 demerit points for that period by successfully completing courses sanctioned for that purpose by the City of Fond du Lac Police Department. The number of demerit points returned for each successfully completed course shall also be determined by the Police Department.

§ 400-8 Disciplinary procedures.

[Added 9-12-2007 by Ord. No. 3334]

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.

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.

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.

For demerit points totaling 200 or more within a rolling eighteen-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.

Transfer/sale of licensed business.

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

The new licensee is related to the former owner by blood, adoption or marriage.

The new licensee held a business interest in the previous licensed business, real estate or equipment.

The former licensee retains an interest in the previous licensed business, real estate or equipment.

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.

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.

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.

§ 400-9 Form and expiration of licenses. [1]

Generally. 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, fee paid and the name of the licensee and, except as provided in Subsection B or unless sooner revoked, shall expire on June 30 thereafter, except as otherwise provided.

Abandonment. Any person holding a license who abandons such business shall forfeit any right or preference he may have had to the holding and renewal of the license. The closing of the premises for 30 days or more shall be prima facie evidence of an abandonment and may trigger a due process hearing to revoke such license.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 400-10 Picnic licenses.

[Amended 4-12-2023 by Ord. No. 3768]

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.

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.

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.

§ 400-11 Operator's license.

[Amended 4-12-2023 by Ord. No. 3768]

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.

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.

§ 400-12 Cabaret license (entertainment featuring dancing).

[Amended 7-14-1993 by Ord. No. 2686]

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.

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]

Regulations.

Entertainers shall not be permitted within three feet of a bar over which patrons are directly served while entertaining.

While entertainment is in progress, the dance area shall be illuminated by at least two footcandles per square foot.

Good order shall be maintained at all times.

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.

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]

§ 400-13 Closing hours.

[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.

§ 400-14 (Reserved) [1]

Editor’s Note: Former § 400-14, Social host, added 7-13-2011 by Ord. No. 3464, as amended, was repealed 2-14-2018 by Ord. No. 3652.

§ 400-15 Possession or drinking of alcohol beverages.

On public ways.

[Amended 9-9-2015 by Ord. No. 3588]

No person shall have in his possession any open can, bottle or other container containing malt beverages or intoxicating liquor or drink from the same on any public way, public street, sidewalk, boulevard, parkway, safety zone, alley or public parking lot or on or in any motor vehicle parked on a public way, public street, alley or public parking lot except if properly permitted under § 400-16, Commercial quadricycle.

No person shall consume any fermented malt beverage or intoxicating liquor or possess any open can, bottle or other container containing fermented malt beverages or intoxicating liquor outside the premises of any tavern on any property contiguous or adjacent thereto if such property is under the control or management of the tavern's license holder, agent or owner, except if properly permitted under § 400-16, Commercial quadricycle.[1]

Editor’s Note: Former Subsections A(3) and (4), regarding permission for a party and the granting of permission, which immediately followed, were repealed 9-11-2019 by Ord. No. 3697.

Fond du Lac School. No person shall have in his possession or consume any alcohol beverage while on school property, including Fruth Memorial Field.

[Amended 4-24-2014 by Ord. No. 3544]

§ 400-16 Commercial quadricycle.

[Added 9-9-2015 by Ord. No. 3588[1]]

Definitions. As used in this section, the following terms shall have the meanings indicated:

ALCOHOL BEVERAGES

Has the meaning given in § 125.02(1), Wis. Stats.

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.

FERMENTED MALT BEVERAGES

Has the meaning given in § 125.02(6), Wis. Stats.

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.

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.

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.

License and registration required.

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.

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.

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:

Failure to comply with any of the provisions of this section of the Code.

Violating any state statutes or City Code violations.

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.

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.

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.

The above restrictions shall apply whenever a quadricycle is being used or operated, even if it is for a nonrevenue-producing event or activity.

Equipment requirements. Commercial quadricycles operating within the City shall be equipped with the following:

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.

Lighting on the vehicle which shall be the following:

A light on the front which shall emit a white light visible from a distance of 300 feet to the front.

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.

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.

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.

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.

All quadricycles operating for commercial purposes must maintain the following insurance:

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.

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.

Operator.

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.

No operator of a commercial quadricycle may consume alcohol while the commercial quadricycle is occupied by passengers.

No operator may operate a commercial quadricycle while the person has a blood alcohol concentration of more than 0.02.

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.

Passengers.

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.

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.

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.

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.

No glass beverage containers shall be carried upon a commercial quadricycle while operated on the public way.

Hours of operation. No person shall operate a commercial quadricycle between the hours of 10:00 p.m. to 11:00 a.m., daily.

Quadricycle route.

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.

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.

Failure of a licensee to comply with the regulations of this section shall constitute grounds for nonrenewal, suspension or revocation of the license.