[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.
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, the State Plumbing Code, 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.
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.
[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.