[10-16-2012; 2016 Code; 8-16-2016]
The provisions of chapter 125 of the Wisconsin statutes, existing
as of the adoption of this chapter and as amended or renumbered from
time to time, are hereby adopted by reference, as if fully set forth
herein. References to a specific section of the Wisconsin statutes,
wherever used in this chapter, shall mean the Wisconsin statutes of
2013-2014.
[10-16-2012; 2016 Code; 8-16-2016]
When used in this chapter the following terms shall have the
following meaning:
Means an authorization to sell alcohol beverages issued by
the city under this chapter or chapter 125 of the Wisconsin statutes.
Means the area described in an alcohol beverages license
or permit.
Means a form, approved by the license committee, containing
questions to be answered by the person who submits an application
for an alcohol beverages license.
Means a live act, demonstration, dance or exhibition, or
any combination thereof, that: 1) Shows a person's genitals,
pubic area, vulva, anus, anal clef or cleavage with less than a fully
opaque covering; or 2) Shows any portion of the female breast below
a point immediately above the top of the areola; or 3) Shows the covered
male genitals in a discernibly turgid state.
[10-16-2012; 5-5-2015; 2016 Code; 8-16-2016]
(A)
Unpaid claims, assessments or forfeitures. No alcohol beverages license
or renewal thereof shall be granted to any person who is delinquent
in the payment of any tax, assessment, or other claim owed to the
city, or delinquent in the payment of any forfeiture resulting from
a violation of any ordinance of the city.
(B)
Licensed premises closed due to damage. Where any licensed premises
has been partially or totally destroyed by wind, storm, fire, or any
act of God, a reasonable length of time may be granted by the council
for the alcohol beverages license holder to restore the licensed premises.
The decision of the council as to what constitutes a reasonable time,
or any extensions thereof, shall be final. If the licensed premises
are not restored, the council may revoke the alcohol beverages license,
as provided in the Wisconsin statutes.
(C)
Posting of alcohol beverages license. It shall be unlawful for any
person to post an alcohol beverages license issued under this chapter,
or permit the alcohol beverages license to be posted, upon a premises
other than a licensed premises. It shall also be unlawful to deface
or destroy an alcohol beverages license, or to remove an alcohol beverages
license without the consent of the person holding the alcohol beverages
license, except in the exercise of lawful authority.
(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)
Dancing. No dancing shall be permitted in any licensed premises,
and no entertainment other than music shall be permitted on a licensed
premises unless an appropriate permit has first been obtained.
(F)
Limitation on number of alcohol beverages licenses.
(1)
"Class A" intoxicating liquor licenses. The total number of
"Class A" intoxicating liquor licenses issued in the City shall not
exceed 24.
(2)
Class "A" fermented malt beverages licenses. The total number
of Class "A" fermented malt beverages licenses issued in the City
shall not exceed 24.
(3)
"Class B" intoxicating liquor licenses. The combined total number
of "Class B" intoxicating liquor licenses and reserve "Class B" intoxicating
liquor licenses issued in the City shall not exceed 25.
(4)
Class "B" fermented malt beverages licenses. The total number
of Class "B" fermented malt beverages licenses issued in the City
shall not exceed 37.
(5)
"Class C" wine licenses. The total number of "Class C" wine
licenses issued in the City shall not exceed 12.
(G)
Limitation on number of licensed premises.
(1)
The combined total number of licensed premises issued a "Class
A" intoxicating liquor license or a Class "A" fermented malt beverages
license, or both, shall not exceed 24.
(2)
The total number of licensed premises issued a "Class B" intoxicating
liquor license, including any reserve "Class B" intoxicating liquor
license, shall not exceed 25.
(3)
The combined total number of licensed premises issued a Class
"B" fermented malt beverages license or a "Class C" wine license,
or both, shall not exceed 12.
(H)
Alcohol beverages license holders to be open for business.
(1)
Continuity of business. No holder of an alcohol beverages license
shall be closed for business for more than 120 consecutive days in
any license year or for more than 120 consecutive days spanning two
consecutive license years.
(2)
Minimum operation. The holder of an alcohol beverages license
shall serve alcohol beverages pursuant to such alcohol beverages license
not less than 25 percent of the days in any license year, or partial
year if the alcohol beverages license has been issued for a period
less than a full year. For the purpose of this subparagraph, the license
year or partial license year shall be equal to the total number of
days in the license year or partial year, less 120 days, but not less
than zero days.
(3)
Initial use of alcohol beverages license. A person to whom an
alcohol beverages license has been granted, who had not been issued
the same kind of alcohol beverages license in the preceding license
year, may elect to defer issuance of such alcohol beverages license
for a period not exceeding 6 months following the granting of such
alcohol beverages license.
(4)
Non-renewal, suspension or revocation. A violation of this subsection
shall be prima facie grounds for non-renewal, suspension or revocation
of the applicable alcohol beverages license.
(5)
Variance. If any one or more of the following conditions exist,
the council may grant a variance from the requirements of this subsection:
A)
Substantial damage or destruction of the licensed premises by
fire, wind or other calamity.
B)
Death of the alcohol beverages licensee or a principal officer
of the alcohol beverages licensee.
C)
Physical or mental disability of the alcohol beverages licensee
or a principal officer of the alcohol beverages licensee such that
the alcohol beverages licensee or such principal officer is unable
to carry on the business of the alcohol beverages licensee.
D)
Substantial remodeling or rebuilding of the licensed premises
in such a manner as to make it impossible to serve the public.
E)
A unique circumstance, not shared by other holders of the same
kind of alcohol beverages license, where in the judgment of the council
the grant of a variance from the requirements of this subsection advances
a significant public interest.
(I)
Provisional licenses. The city clerk shall have the authority to
issue provisional alcohol beverage licenses or provisional operator's
licenses. Provisional licenses shall expire 60 days after its date
of issuance, or when a regular license is issued, whichever is sooner.
No provisional license may be renewed. The city clerk may revoke any
provisional license if it is discovered that the applicant made a
false statement on the application. No provisional license may be
issued if any of the following are determined:
(1)
Provisional licenses shall not be issued to any person who,
in the 12 months prior to such application, has been previously denied
or had a previous license revoked or suspended by any municipality.
(2)
Provisional licenses shall not be issued when in the determination
of the city clerk, upon recommendation of the police chief, that the
applicant has been charged with or convicted of any felony, misdemeanor
or other offense of which substantially relate to the circumstances
of the licensed activity.
(J)
Provisional alcohol beverage licenses. The city clerk shall have
the authority to issue provisional alcohol beverage licenses to persons
who have applied for a "Class A," Class "A," "Class B," Class "B,"
or "Class C" license as follows:
(1)
The city clerk may not issue a provisional alcohol beverage
license if there are no remaining licenses available for the type
of license applied for.
(2)
The city clerk determines that the applicant qualifies for the
type of license applied for and the applicant makes payment of both
the fee for the provisional license and the cost of publication for
the type of license applied for.
(3)
Only one provisional license may be issued to an applicant per
year for each type of alcohol beverage license.
(K)
Provisional operator's licenses. The city clerk shall have the
authority to issue provisional operator's licenses as follows:
(1)
A provisional operator's license may be issued only to
a person who has applied for a regular operator's license.
(2)
A provisional operator's license may not be issued to any
person unless within 2 years of the date of application for the provisional
license that person has completed the Alcohol Awareness Training Program
or has held an operator's license valid in Wisconsin.
[10-16-2012; 2016 Code; 8-16-2016]
Persons holding a "Class B" intoxicating liquor license may:
(A)
Sell intoxicating liquor by the glass for consumption on the licensed
premises, and in the original package or container, in multiples not
to exceed 4 liters at any one time, to be consumed off the licensed
premises where sold.
(B)
Sell wine for consumption off the licensed premises in the original
container or otherwise in any quantity.
[10-16-2012; 2016 Code; 8-16-2016]
No alcohol beverages licensee may operate under said license
in a sidewalk cafe unless the licensed premises includes the area
designated for operation of such sidewalk cafe and the alcohol beverages
licensee also holds a permit authorizing the operation of the sidewalk
cafe at all times during which alcohol beverages are served.
(A)
Definition. When used in this chapter, sidewalk cafe has the meaning set forth in section 3-9-2 of this title.
(B)
Application. A request for expansion of the licensed premises to
include a sidewalk cafe shall be made in writing to the city clerk.
(C)
Requirements. Sidewalk cafes are authorized to serve alcohol beverages
under this section only as follows:
(1)
The service and consumption of alcohol beverages in the sidewalk
cafe shall be limited to the hours of operation authorized for the
sidewalk cafe. All alcohol beverages shall be cleared from tables
during all times when the sidewalk cafe is not permitted to operate.
(2)
Alcohol beverages shall only be served to patrons of the establishment
to which the sidewalk cafe permit has been issued who are seated at
a table in the sidewalk cafe by a server working under the direction
and supervision of the management of such establishment and only at
times when food service is also available from such establishment.
No person may consume alcohol beverages in a sidewalk cafe unless
such person is seated at a table in the sidewalk cafe.
(3)
There shall be no carry-in of alcohol beverages by the patron
to the sidewalk cafe. Patrons of the sidewalk cafe shall remain seated
at the table within the sidewalk cafe when consuming alcohol beverages.
(4)
The alcohol beverages licensee shall be in compliance with all
city and state laws, rules, and regulations relating to alcohol beverages.
(5)
A valid sidewalk cafe permit issued under chapter 9 of this title has been issued and remains in effect for the sidewalk cafe.
(6)
The alcohol beverages licensee shall be in compliance with such
additional requirements as the council may establish.
(D)
Responsibility of alcohol beverages licensee. The alcohol beverages
licensee shall take reasonable steps to ensure that alcohol beverages
are consumed only by patrons of the licensed premises who are of legal
drinking age, and not by passersby or persons who are not of age or
who are obviously intoxicated. Reasonable steps may include, but not
be limited to, the use of portable barriers or fences, supervision
of the outside area by security and staff personnel, or electronic
surveillance monitors. Failure to take such reasonable steps in the
sidewalk cafe is grounds for removal of the sidewalk cafe from the
description of the licensed premises or revocation or suspension of
the alcohol beverages license for the licensed premises.
(E)
Responsibility of patrons. No person shall leave the area delineated
as a sidewalk cafe with an open alcohol beverage.
[10-16-2012; 2016 Code; 8-16-2016]
(A)
Findings. The council finds that bars and taverns featuring non-obscene
nude exhibitionism have in other communities tended to further the
increase of criminal and other offensive activity, to disrupt the
peace and order of the communities, to depreciate the value of real
property, to harm the economic welfare of the communities and to negatively
affect the quality of life in such communities; for these reasons
such secondary effects are hereby found to be detrimental to the public
health, safety and general welfare of citizens of the communities
where such activities are allowed to occur in bars and taverns, including
the following detrimental effects:
(1)
The potential increase in prostitution and other sex-related
offenses, as well as other crimes and offenses.
(2)
The potential depreciation of property values in neighborhoods
where bars and taverns featuring nude dancing exist.
(3)
Health risks associated with the spread of sexually transmitted
diseases.
(4)
The potential for infiltration by organized crime.
(B)
Purpose. The council recognizes that the United States Supreme Court
has held that nude dancing is expressive conduct within the outer
perimeters of the first amendment to the United States Constitution
and is therefore entitled to some limited protection under the first
amendment, and the council further recognizes that freedom of speech
is among our most precious and highly protected rights. The purpose
of this section is to protect the health, safety and general welfare
of the citizens of the city by prohibiting nude exhibitionism in licensed
premises, and thereby minimizing the risk of adverse secondary effects
of non-obscene nude exhibitionism encountered in other communities.
(C)
Nude exhibitionism prohibited. It is unlawful for any person to perform
or engage in nude exhibitionism on a licensed premises, or outside
a licensed premises at a location in close proximity and plain view
of a licensed premises. It is unlawful for a person holding an alcohol
beverages license, or for the manager or agent for such person, to
permit any person, employee, entertainer or patron to perform or engage
in nude exhibitionism on the licensed premises, or outside the licensed
premises at a location in close proximity and plain view of the licensed
premises.
(D)
Exceptions. The provisions of this section do not apply to licensed
premises that are theaters, performing arts centers, civic centers,
and dinner theaters, where live dance, ballet, music and dramatic
performances of serious artistic merit are offered on a regular basis
and where the predominant business or attraction is not the offering
of nude exhibitionism and where the establishment to which the licensed
premises is associated is not distinguished by an emphasis on, or
the advertising or promotion of, persons engaging in nude exhibitionism.
[10-16-2012; 2016 Code; 8-16-2016]
(A)
Monroe alcohol beverages license application supplement. The applicant
for an alcohol beverages license under this chapter, other than an
applicant submitting a renewal alcohol beverages license application,
shall in addition to the forms otherwise required to be submitted,
complete and submit with the application for such alcohol beverages
license the Monroe alcohol beverages license application supplement.
The Monroe alcohol beverages license application supplement shall
be available from the city clerk.
(B)
Right to hearing on non-renewal. Any person who is denied the issuance
of a renewal alcohol beverages license shall be notified of the right
to request a hearing before the council, at which the person may show
cause, if there be any, why the issuance of the alcohol beverages
license should not be denied. There shall be no right to a hearing
before the council for any person who is denied the initial issuance
of an alcohol beverages license under this chapter or chapter 125
of the Wisconsin statutes.
[10-16-2012; 2016 Code; 8-16-2016]
(A)
Fees set by resolution. Except as expressly set forth in this section,
all alcohol beverages license fees and operator's license fees
shall be an amount established from time to time by resolution of
the council.
(B)
Partial year. The fee for an alcohol beverages license issued for
less than 12 months shall be prorated according to the number of months
or fraction thereof for which the license is issued.
(C)
Reserve "Class B" intoxicating liquor license fee. A fee of $10,000.00
shall be paid for the initial issuance of any license designated a
reserve "Class B" intoxicating liquor license, which fee shall be
in addition to the fee otherwise payable for a "Class B" intoxicating
liquor license.
[10-16-2012; 2016 Code; 8-16-2016]
(A)
In this section, "juvenile" shall have the meaning set forth in section
938.02(10m) of the Wisconsin statutes.
(B)
Any person, other than a juvenile, who violates a provision of this
chapter, including those adopted by reference, except the provisions
of sections 125.07 and 125.09 of the Wisconsin statutes, shall be
guilty of a class 3 forfeiture. Each day that a violation occurs or
continues shall constitute a separate offense. A violation of any
provision of this chapter shall be sufficient grounds to revoke, suspend
or refuse to renew an alcohol beverages license issued to the person
who owned or controlled the licensed premises at the time of such
violation. In addition, any alcohol beverages license issued to any
person under this chapter may be revoked by the court upon conviction.
(C)
Any juvenile who violates a provision of this chapter shall be punished
in accordance with section 938.344 of the Wisconsin statutes, including
community service work under any available court-approved community
service program.
(D)
Any person, other than a juvenile, who violates a provision of section
125.07 of the Wisconsin statutes, which is adopted by reference as
a part of this chapter, shall be punished in accordance with the penalties
imposed by section 125.07 of the Wisconsin statutes. In addition to
or in lieu of the penalties provided in section 125.07 of the Wisconsin
statutes, any person, other than a juvenile, who violates a provision
of section 125.07 of the Wisconsin statutes may be sentenced to perform
community service work under any available court-approved community
service program.
(E)
Any person who violates a provision of section 125.09 of the Wisconsin
statutes, which is adopted by reference as part of this chapter, shall
be punished in accordance with the penalties imposed by section 125.09
of the Wisconsin statutes.
(F)
All provisions of sections 125.07(1), (3), (4) and 125.09(2) of the
Wisconsin statutes describing and defining regulations with respect
to alcohol beverages, for which the penalty is a forfeiture only,
including penalties to be imposed and procedures for prosecution,
are hereby adopted by reference and made part of this section as if
they were fully set forth herein. Any act required to be performed
or prohibited in any statute incorporated herein by reference is required
or prohibited by this section.
