[HISTORY: Adopted by the City Council of the City of Lake Mills as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 279.
Sidewalk cafes — See Ch. 548.
[Adopted 12-15-2009 by Ord. No. 1054 as Title 3, Ch. 1, of the 2009 Code of Ordinances]
[Amended 5-5-2020 by Ord. No. 1213]
The provisions of Chapter 125, relating to the sale of intoxicating liquor and fermented malt beverages, including § 125.51(3)(b), Wis. Stats., excepting §§ 125.66(3), 125.04(5), 125.09(6), 125.69 and 125.11(1), Wis. Stats., exclusive of any provisions thereof relating to the penalty to be imposed or the punishment for violation of said statutes, are hereby adopted and made a part of this chapter by reference.
A. 
Requirement generally. No person shall sell, barter, exchange, offer for sale, or have in possession with intent to sell, deal or traffic in any fermented malt beverage or intoxicating liquor, unless licensed as provided in this section by the City Council of the City, nor without complying with all the provisions of this chapter and all applicable regulations of the City and of the State of Wisconsin.
B. 
Separate license requirement. A separate license shall be required for each stand, place, room or enclosure or for each suite of rooms or enclosures which are in direct connection where intoxicating liquor or fermented malt beverages are kept, sold or offered for sale; and no license shall be issued to any person for the purpose of possessing, selling or offering for sale any intoxicating liquor or fermented malt beverage in any dwelling house, flat or residential apartment.
C. 
Classes of licenses, fees. There shall be the following classes of licenses which, when the fee specified is paid and the license issued, shall permit the holder to sell, deal or traffic in intoxicating liquor or fermented malt beverages as provided in § 125.51 , Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Class "A" Fermented Malt Beverage Retailer's License: $100 per year.
(2) 
Retail "Class A" Liquor License: $500 per year.
(3) 
Class "B" Fermented Malt Beverage Retailer's Licenses: $100 per year.
(4) 
Retail "Class B" Liquor License: $400 per year.
(5) 
"Class C" Wine: $100 per year.
(6) 
"Class B" Wine Only - Winery License: $100 per year.
[Amended 5-5-2015 by Ord. No. 1145]
(7) 
Reserve "Class B" Combination Liquor License: $10,000 initial issuance fee/$500 per year renewal fee.
[Amended 11-21-2007 by Ord. No. 1000B]
(8) 
Temporary "Class B" Wine License: $10.
(9) 
Temporary Class "B" Fermented Malt Beverages: $10.
(10) 
Part-time liquor licenses. A retail "Class A" or "Class B" liquor license may be issued which shall expire on June 30 upon payment of such proportion of the license fee as the number of months or fraction of a month remaining to June 30 bears to 12. Such licenses may also be issued for a period of six months in any calendar year, for which 1/2 of the license fee shall be paid.
(11) 
Operator's license, which may be issued by the City Clerk under §125.17(1), Wis. Stats.: $25 for a two-year license, expiring June 30 on each odd-numbered year.
[Amended 11-17-2015 by Ord. No. 1156; 5-5-2020 by Ord. No. 1213]
(12) 
Provisional Operator's License, which may be issued by City Clerk under § 125.17(5), Wis. Stats: $10.
[Amended 2-16-2010 by Ord. No. 1058]
(13) 
Provisional: Class "A," Class "B," "Class A," "Class B," and "Class C" licenses, which may be issued by City Clerk under § 249-2J: $15 each.
(14) 
Manager's license: $25 per year.
(15) 
Publication costs: $15 per year.
(16) 
Temporary operator's license, which may be issued by City Clerk under § 125.17(4), Wis. Stats.: $10 per license.
[Added 10-17-2017 by Ord. No. 1182]
D. 
Manager's license, authority. All premises for which a Class "A" or Class "B" license has been issued shall at all times be operated and managed by the licensee; provided, however, that a person holding a manager's license may operate or manage a licensed premises in the licensee's absence. A person shall be deemed to operate and manage a licensed premises if that person has the responsibility or authority for the following:
(1) 
Personnel management of all employees, without regard to whether the person is authorized to sign employment contracts;
(2) 
The terms of contracts for the purchase or sale of goods or services, without regard to whether the person is authorized to sign contracts for the goods and services; or
(3) 
The daily operations of Class "A" or Class "B" premises.
E. 
License quotas.
(1) 
Retail "Class B" Liquor License: as provided in § 125.51(4), Wis. Stats.
(2) 
"Class A" Liquor licenses shall not be issued at a rate that exceeds one license for every 1,000 in population or fraction thereof, as that number is provided periodically by the Wisconsin Department of Administration.
[Amended 4-19-2011 by Ord. No. 1078A]
(3) 
Class "A" Beer licenses shall not be issued at a rate that exceeds one license for every 700 in population or fraction thereof, as that number is provided periodically by the Wisconsin Department of Administration.
[Amended 4-19-2011 by Ord. No. 1078A]
(4) 
If territory containing premises covered by a "Class A" Liquor License or Class "A" Beer License is annexed into the City and if the City's quota would not otherwise allow a Class A license for the premises, the City's quota is increased to include the license of each premises in the annexed territory.
[Added 11-17-2015 by Ord. No. 1156]
F. 
Application for license. Applications for intoxicating liquor and fermented malt beverage licenses shall be in writing on a form prescribed by § 125.04, Wis. Stats., and shall be sworn to by the applicant and shall be filed with the Clerk not less than 15 days prior to granting of such license.
[Amended 12-18-2012 by Ord. No. 1103]
G. 
Granting of license. Opportunity shall be given by the City Council to any person to be heard for or against the granting of any license except a Temporary Class "B" License, Temporary "Class B" Wine License and Temporary Class "AB" Fermented Malt Beverages. Each license shall be numbered in the order in which issued and shall state the premises for which issued, the date of issuance, the fee paid and the name of the licensee.
H. 
Transfer of licenses. No license shall be transferable either as to licensee or location.
I. 
In accordance with the provisions of Wis. Stats. § 125.26(1), the City Council authorizes the City Manager to issue, under the following conditions, either a Temporary Class "B" Fermented Malt Beverage Licenses under Wis. Stats. § 125.26(6), or Temporary "Class B" Wine Licenses under Wis. Stats. § 125.51(10), or both:
(1) 
The temporary license shall be for a period of time not to exceed 10 consecutive calendar days.
(2) 
Applicants shall state on the application form their intent as to whether or not to allow underage people to be on the premises.
(3) 
All applications for a Temporary Class "B" License shall be submitted at least 15 days prior to the period requested for the license.
(4) 
The fee for all temporary Class "B" or "Class B" Licenses shall be $10, unless both licenses are issued for the same event, in which case, the fee shall be a total of $10 for both licenses.
(5) 
All restrictions and additional information listed on the application for Temporary Class "B"/"Class B" Retailer's Licenses from the State of Wisconsin are adopted and incorporated herein by reference.
J. 
A provisional retail liquor license may be issued by the City Clerk only to a person who has applied for a Class "A," Class "B," "Class A," "Class B," or "Class C" license and authorizes only the activities that the type of retail license applied for authorizes. Wis. Stats. § 125.185 is incorporated herein in its entirety, including any future amendments thereto.
In addition to the requirements imposed by the Statutes adopted in § 349-1 of this article, the following restrictions shall apply to the granting of licenses under this section:
A. 
No licenses shall be granted to any person who is not of good moral character and a citizen of the United States and of Wisconsin and who has not resided in this state continuously for at least 90 days prior to the date of filing the application; nor shall any license be issued to any person who has habitually been a petty law offender, or has been convicted of a felony unless duly pardoned. The provisions of this subsection shall not apply to a Wisconsin corporation, but such provisions shall apply to all officers and directors of any such corporation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
No Class "A" or "B" license shall be granted to any person under legal drinking age. Only an operator's license (bartender) can be issued to a person 18 or older per § 125.04(5)(d)2, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Delinquent taxes, assessments, or other claims owed the City:
(1) 
Premises. No initial or renewal of any alcohol beverage license shall be granted for any premises for which taxes, assessments, or other claims (including utility bills) are owing to the City and remain delinquent and unpaid.
(2) 
Persons. No initial or renewal of an alcohol or operator's license shall be granted to any person who owes the City any tax, assessment or other claim (including utility bills), which indebtedness is delinquent and unpaid.
(3) 
Revocation or suspension of licenses. Notwithstanding anything contained herein to the contrary, where any alcohol beverage license to be issued to any premises, or any alcohol or operator's license to be issued to any person cannot be issued to that premises or person for the reason that the premises or persons is indebted to the City for taxes, assessments or other claims, including utility bills, which remain delinquent and unpaid, the procedures for revocations, suspensions or refusal to issue or renew as set forth in § 125.12, Wis. Stats., shall be followed. Where the premises or person possesses a license that will expire before the conclusion of any hearing to revoke, suspend or refuse to issue or renew a new license, the City Clerk shall issue a conditional license that shall be effective only until such time as the Council has concluded the hearings provided by § 125.12, Wis. Stats.
D. 
No retail Class "B" license shall be issued unless the premises to be licensed conform to the sanitary, safety and health requirements of the State Building Code,[1] the State Plumbing Code,[2] and the rules and regulations of the State Department of Health Services applicable to restaurants and to all ordinances and regulations adopted by the City.
[1]
Editor's Note: See § 279-1 of this Code.
[2]
Editor's Note: See § 279-3 of this Code.
E. 
Each premises for which a Class "B" license is granted must be connected with City water and sewage facilities, must be properly lighted and ventilated and supplied with separate toilet and lavatory facilities equipped with running water for each sex.
F. 
No "Class B" liquor license shall be granted to any premises within 300 feet of any school, church, or hospital, nor in any residence district; subject to the following conditions, definitions, and exceptions:
(1) 
A premises shall be deemed to be in a residence district if 2/3 of all properties within 300 feet of the premises are used exclusively for residential purposes.
(2) 
For the purpose of determining distances under this subsection, the shortest route shall be measured from the main entrance of the premises to the main entrance of the school, church, hospital, or residence.
(3) 
The prohibition in this subsection does not apply to premises covered by a license prior to the occupation of real property within 300 feet thereof by any school, church, or hospital.
(4) 
The prohibition in this subsection does not apply to restaurants, in which the sale of alcoholic beverages accounts for less than 50% of gross receipts, or to golf clubhouses, provided that a majority of the electors in a residence district as defined herein sign and file with the Municipal Clerk written consent for the issuance of a "Class B" liquor license at a specified location.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G. 
Subsection F shall not apply to a bona fide club, society or lodge in existence not less than six months prior to the date of applications.
H. 
Except as otherwise provided for herein, there shall be upon the premises operated under a "Class A" or "Class B" liquor license issued by the City at all times the licensee or some other person who shall have an operator's license issued pursuant to § 125.17, Wis. Stats. No person, including members of the licensee's immediate family under the age of 18 years, other than the licensee or agent, may serve fermented malt beverages in any premises operated under a Class "A" or Class "B" license or permit unless he has an operator's license.
I. 
Whenever any license shall be 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 any other license shall be granted to the person whose license was revoked.
J. 
No person other than a licensee or agent may serve fermented malt beverages in any place operated under a Class "B" temporary license issued by the City unless he has an operator's license or is under the immediate supervision of the licensee or agent or person holding an operator's license who is on the premises at the time of service.
A. 
Posting licenses for licensee. Every person licensed in accordance with this chapter shall immediately post such license and keep the same posted while in force in a conspicuous place in the room or place where said beverages are drawn or removed for service or sale. No person shall post such license upon premises other than those mentioned in the application, or knowingly deface or destroy such license. Whenever a license shall be lost or destroyed without fault on the part of the holder or his agent or employee, a duplicate license in lieu thereof under the original application shall be issued by the Clerk on satisfying himself as to the facts.
B. 
Entry of officers; consent. 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 offense.
C. 
Health rules. Each premises shall be conducted in a sanitary manner and shall be a safe and proper place for the purpose for which used. The City Council of the City is authorized and empowered to make reasonable and general rules for the sanitation of all places of business possessing licenses under this chapter. Such rules or regulations may be classified and made applicable according to the class of business conducted. All such rules and regulations shall have the same force as this chapter and infraction thereof may be punished as a violation of this chapter.
D. 
Special conditions upon a license may be imposed by a majority vote of the City Council if those special conditions are not in conflict with the provisions of Chapter 125, Wisconsin Statutes. These special conditions shall be as determined by the Council on a case-by-case basis, given the unique aspects or characteristics of the premises or other business activities conducted on the premises. These special conditions may be imposed at the time the license is initially granted by the Council or upon application for renewal when the principal use of the premises is modified by the applicant.
E. 
In addition to Subsection D above, which allows for special conditions to be placed on a license by the City Council on a case-by-case basis, provided those conditions are not in conflict with Ch. 125, Wis. Stats., the following conditions shall apply to all Class "A" fermented malt beverage licenses:
(1) 
No sales of beer may occur between the hours of 12:00 Midnight to 6:00 a.m.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
All sales of beer shall take place in premises for which provisions have been designed, reviewed and approved by the Council, under Subsection D above, which minimize the ability of underage persons to handle, sell or purchase beer, unless those underage persons have an operator's license and are employed by the are on duty at the licensed premises, and unless those persons so licensed are acting within the scope of their licenses.
(3) 
Underage persons who enter or are on a Class "A" licensed premises for the purpose of purchasing items other than alcoholic beverages, may not remain on the premises after making said nonalcoholic purchase, and may not loiter upon the premises.
(4) 
The City Council has the right not to grant a Class "A" license at any time that it receives an initial application for any individual premises and on any reasonable grounds.
F. 
In addition to Subsection D above, which allows for special conditions to be placed on a license by the City Council on a case-by-case basis, provided those conditions are not in conflict with Ch. 125, Wis. Stats., the following conditions shall apply to all "Class A" retail liquor licenses:
(1) 
No sales of intoxicating liquor may occur between the hours of 9:00 p.m. and 6:00 a.m.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
All sales of intoxicating liquor shall take place in premises for which provisions have been designed, reviewed and approved by the Council, under Subsection D above, which minimize the ability of underage persons to handle, sell or purchase intoxicating liquor, unless those underage persons have an operator's license and are employed by and are on duty at the licensed premises, and unless those persons so licensed are acting within the scope of their licenses.
(3) 
Underage persons who enter or are on a "Class A" licensed premises for the purpose of purchasing items other than alcoholic beverages, may not remain on the premises after making said nonalcoholic purchase, and may not loiter upon the premises.
(4) 
The City Council has the right not to grant a "Class A" license at any time that it receives an initial application for any individual premises and on any reasonable grounds.
A. 
Employment of minors. No Class "B" retail liquor licensee shall employ any person under 21 years of age, 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Sales to intoxicated persons. No fermented malt beverage or intoxicating liquor shall be sold to any person who is intoxicated.
C. 
Credit sales. No retail Class "A" or "B" licensee shall sell or offer to sell any intoxicating liquor or fermented malt beverage to any person on credit excepting credit extended by a hotel to a resident guest or a club to a bona fide member, and by grocers and druggists who maintain a credit system in connection with other purchases as well. No licensee shall sell intoxicating liquor or fermented malt beverages to any person on a passbook or store order, or receive from any person any goods, wares, merchandise or other articles in exchange for intoxicating liquor or fermented malt beverages.
D. 
Disorderly conduct. 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.
E. 
Gambling. No gambling or game of chance of any sort shall be permitted in any form upon the licensed premises. Dice, slot machines, or any device of chance are prohibited and shall not be upon the premises.
F. 
Illegal beverages. No beverages of an alcoholic content prohibited by the laws of the United States shall be sold, bartered, exchanged, offered or exposed for sale, or kept in or about the premises.
G. 
Dancing. No dancing of any kind shall be permitted upon the premises except by patrons.
H. 
Treating. There shall be no treating by the licensee at any time.
I. 
Club sales. No club, society or lodge shall sell intoxicating liquor except to members and guests invited by members.
J. 
Sale by drink. All retail sales of intoxicating liquor or fermented malt beverage to be consumed on the premises shall be by the individual drink or pitcher, and the patron shall be charged by the individual drink or pitcher for all such sales. The sale of any intoxicating liquor or fermented malt beverage for consumption on the premises which would permit the patron to consume an unspecified quantity of intoxicating liquor or fermented malt beverage for a specified price is prohibited.
A. 
Liquor premises. The closing hours for all premises licensed under a "Class B" liquor license or permit shall be as permitted in § 125.68(4), Wis. Stats.
B. 
Beer-only premises. The closing hours for all premises licensed under a Class "B" fermented malt beverage license or permit shall be as permitted in § 125.32(3), Wis. Stats.
A. 
Liquor licenses. As provided in §§ 125.12(2)(b) and (c), 125.12(4) and 125.13, Wis. Stats.
B. 
License fee not to be refunded. Whenever any license shall be revoked, no refund of any unearned portion of the fee paid shall be made, and at least one year from the time of such revocation shall elapse before another license shall be granted for the same premises.
[Amended 12-18-2012 by Ord. No. 1103]
A. 
Restrictions relating to underage persons. No person may procure for, sell, dispense or give away any fermented malt beverages to any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age, or procure for, sell, dispense or give away any intoxicating liquor to any underage person. Any person who commits a violation shall be subject to a forfeiture of not more than $500 if the person has not committed a previous violation within 12 months of the violation, or not less than $200 nor more than $500 if the person has committed a previous violation within 12 months of the violation.
B. 
Underage persons. No underage person shall:
(1) 
Procure or attempt to procure alcohol beverages;
(2) 
Knowingly possess or consume intoxicating liquor;
(3) 
Enter or remain in any licensed premises except when accompanied by his or her parent, guardian or spouse who has attained the legal drinking age; or
(4) 
Falsely represent his or her age for the purpose of receiving alcoholic beverage from a licensee or permittee. Any underage person who violates this section shall be subject to the penalty provisions set forth in § 125.07(4)(bs), Wis. Stats.
A. 
Requirement generally. It shall be unlawful for any underage person not accompanied by his or her parent, guardian or lawful adult spouse to enter or be on any premises for which a license or permit for the retail sale of alcoholic beverages has been issued, for any purpose except the transaction of business pertaining to the licensed premises with or for the licensee or his or her employee. The business may not be amusement or the purchase, receiving or consumption of edibles or beverages or similar activities that normally constitute activities of a customer of the premises. This prohibition does not apply to:
(1) 
Any underage person who is a resident, employee, lodger, or boarder of the premises controlled by the proprietor, licensee or permittee which licensed premises consists or is a part.
(2) 
Any underage person who enters or is on a Class "A" retail intoxicating liquor license premises for the purpose of purchasing edibles for beverages other than alcoholic beverages. Any underage person so entering the premises may not remain on the premises after the purchase.
(3) 
Hotels, drugstores, grocery stores, bowling alleys, regularly established athletic fields, stadiums or public facilities as defined in § 125.51(5)(b)1.d, Wis. Stats., which are owned by a county or municipality.
(4) 
Golf clubhouses.
(5) 
Premises operated under both a "Class B" and Class "B" license or permit and a restaurant permit where the principal business conducted is that of a restaurant. If the premises are operated under both a "Class B" and Class "B" license or permit and a restaurant permit, the principal business conducted is presumed to be the sale of alcoholic beverages, but the presumption may be rebutted by competent evidence.
B. 
Penalty.
(1) 
Any licensee or permittee who directly or indirectly permits any underage person to enter or be on a licensed premises in violation of this section is subject to a forfeiture of not less than $200 and not more than $500 for each such violation.
(2) 
Any underage person who enters or is on a premises licensed for the sale of alcoholic beverages in violation of Subsection A of this section shall be subject to a forfeiture of not more than $25, except the disposition in proceedings against a person who is under 18 years of age on the date of disposition shall be as provided by § 938.344, Wis. Stats.
A. 
The City Council of the City of Lake Mills finds that the initial issuance fee of $10,000 for reserve "Class B" liquor licenses, which has been mandated by laws of the State of Wisconsin, exceeds the actual cost of licensing the activity, and the fee thereby generates additional revenue for the City. The Council also finds that it is in the interest of the public welfare to use this additional revenue to:
(1) 
Provide economic incentives for new businesses with "Class B" liquor licenses to locate in the downtown area;
(2) 
Encourage licensees to improve the interior or exterior of licensed premises that reuse or redevelop existing structures in the downtown area;
(3) 
Attract tourists to the City; and
(4) 
Generally enhance the economic and cultural climate by redeveloping existing structures in the downtown of the City.
B. 
Within one year after any reserve "Class B" combination liquor license is granted for which the initial issuance fee of $10,000 has been paid to the City Clerk, the licensee may file an application with the Clerk for an economic development grant of up to $9,500.
[Amended 12-18-2012 by Ord. No. 1103]
C. 
The applicant that meets the initial grant criteria under Subsection B shall state in its grant application how it has met the eligibility criteria for an economic development grant by stating which of the following applies to its establishment:
(1) 
Location in the downtown area of the City, with the downtown area meaning a property that fronts on Commons Park or that is located within one block of Commons Park.
(2) 
The applicant has improved the exterior of the structure since applying for the license. Photographs that show the exterior before and after the improvements should be included with the grant application.
(3) 
The applicant has improved the interior of the structure since applying for the license. Photographs that show the interior before and after the improvements should be included with the grant application.
D. 
The Clerk shall verify the accuracy of the information with respect to the criteria listed in Subsections B and C, and shall determine the amount of the grant for which the applicant may be eligible by determining which of the following conditions have been met by the applicant:
[Amended 12-18-2012 by Ord. No. 1103]
(1) 
Locating in the downtown area shall be valued at $4,000 under the grant.
(2) 
Improving the exterior of the structure shall be valued at $2,500 under the grant, provided the actual value of the improvements completed, excluding signage, is equal to or greater than $2,500.
(3) 
Improving the interior of the structure shall be valued at $3,000 under the grant, provided the actual value of such improvements is equal to or greater than $3,000.
E. 
The Clerk shall determine whether the licensee is operating in compliance with the approved license. The Clerk may require the recommendation of the Building Inspector, Police Chief, and Fire Inspector in making such determination. If the Clerk determines that the licensee is so operating, the Clerk shall authorize the approval of the economic development grant in accordance with Subsections B, C and D and in an amount not to exceed a maximum of $9,500.
[Amended 12-18-2012 by Ord. No. 1103]
F. 
If the Clerk determines that the applicant is not in compliance with the approved license, or the applicant has not met the eligibility criteria under Subsection B or C, no economic development grant may be authorized and the Clerk shall provide the applicant with written notice of such determination of noncompliance.
[Amended 12-18-2012 by Ord. No. 1103]
G. 
If the applicant disagrees with the Clerk's determination of noncompliance or ineligibility, the applicant may file a written notice of appeal within 10 business days with the Clerk, who shall relay the notice of appeal to the City Council which shall hold a hearing at which the Council may affirm or reverse the Clerk's determination.
[Amended 12-18-2012 by Ord. No. 1103]
H. 
If the Clerk's determination is upheld by the Council, appeal may be made to circuit court pursuant to Wis. Stats. § 753.04. If the Clerk's determination is reversed by the Council, the Clerk shall authorize the payment of the economic development grant.
[Amended 12-18-2012 by Ord. No. 1103]
I. 
If the applicant for a grant under this section has already received a grant for any of the purposes listed in Subsection D, that applicant may not receive any future grant money for the same purpose for which the money has already been granted. If either the interior or the exterior of the structure at which the licensed premises is located is improved after receiving the reserve license, but a grant has already been awarded for locating the business downtown, the applicant may still apply for grant money for the improvements made, provided the application is received within one year of the issuance of the reserve liquor license.
[Adopted 7-18-2006 by Ord. No. 985 (Sec. 5-1-6 of the 2009 Code of Ordinances)]
No person may have in his or her possession any open can, bottle, or other container containing malt beverages or intoxicating liquor, or may consume alcoholic beverages on any public way, public street, public park, sidewalk, boulevard, parkway, safety zone, alley or public parking lot or on or in any motor vehicle parked on a public way, public park, public street, alley or public parking lot. There shall be an exception for Tyranena Park and Sandy Beach Park, where possession and consumption of malt beverages or intoxicating liquors by persons who are not underage shall be permitted. The City Council may grant temporary exemptions for this section for such time and at such places as they may specifically designate. The Council may, through issuance of a sidewalk cafe license, permit the serving and consumption of fermented malt and other alcoholic beverages on the portion of the public sidewalk that is licensed for sidewalk cafe purposes, but such service and consumption must be in strict compliance with the conditions of the license and the requirements of Chapter 548, Sidewalk Cafes, of this Code.