City of Reedsburg, WI Chapter 349 Intoxicating Liquor and Fermented Malt Beverages

[HISTORY: Adopted by the Mayor and Common Council of the City of Reedsburg as Secs. 12.01, 12.015 and 12.017 of the former Municipal Codebook. Amendments noted where applicable.]

§ 349-1 Adoption of standards.

The provisions of Ch. 125, Wis. Stats., and all future deletions, additions or amendments, 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 violation of any such provision shall constitute a violation of this chapter.

§ 349-2 Classes of licenses and permits.

[Amended 1-12-2004; 10-26-2015 by Ord. No. 1818-15; 1-25-2016 by Ord. No. 1823-16; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

The City shall have the following licenses, and fees as set from time to time by Common Council:

A. Class "A" licensees may sell beer to consumers in original packages or containers for off-premises consumption only (§ 125.25, Wis. Stats.).

B. Class "B" licensees may sell beer to consumers for on-premises or off-premises consumption [§ 125.26(1), Wis. Stats.].

C. Temporary Class "B" (picnic) beer licensees may sell beer and other fermented malt beverages (e.g., wine coolers with a fermented malt beverage base) to consumers at a picnic or similar gathering of limited duration [§ 125.26(6), Wis. Stats.].

D. "Class A" licensees may sell intoxicating liquor to consumers only in original packages or containers for off-premises consumption [§ 125.51(2), Wis. Stats.].

E. "Class B" licensees may sell intoxicating liquor to consumers by the glass for on-premises consumption. Sales may also be made for off-premises consumption in quantities not exceeding four liters at any one time. Wine, however, may be sold for consumption off-premises in the original package or container in any quantity [§ 125.51(3)(b), Wis. Stats.].

F. Additional "Class B" (clubs and fraternal organizations) licensees.

G. Reserve "Class B" liquor licenses are those licenses available under the quota system existing before December 1, 1997, or available after October 1, 1998, due to a fractional increase in population [§ 125.51(4)(v), Wis. Stats.].

H. Temporary "Class B" (picnic) wine licensees may sell wine at a picnic, meeting, or other similar gathering of limited duration. Such licenses may be issued only to bona fide clubs, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least six months and to posts of veterans' organizations [§ 125.51(10), Wis. Stats.].

I. "Class C" wine licensees may sell wine by the glass or in an opened original container for consumption on the premises where sold. "Class C" wine licenses may be granted to an applicant only if:

(1) The applicant meets the qualifications set out in § 125.04(5), Wis. Stats., for other retail licensees;

(2) The license is for a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts;

(3) The restaurant does not have a barroom; and

(4) A "Class B" liquor license cannot be granted to applicant because the municipality has issued all of the "Class B" liquor licenses available under its statutory quota [§ 125.51(3m), Wis. Stats.].

J. Provisional retail licenses may be issued to persons who have applied for a Class "A," Class "B," "Class A," "Class B," or "Class C" license and authorize only the activities that the type of retail license applied for authorizes. A provisional retail license expires 60 days after its issuance or when the Class "A," Class "B," "Class A," "Class B," or "Class C" license is issued to the holder, whichever is sooner (§ 125.185, Wis. Stats).

K. "Class A" cider licensees may sell cider alcohol beverages that are obtained from the fermentation of the juices of apples or pears and contain between 0.5-7.0 alcohol by volume to consumers only in original packages or containers for off-premises consumption [§ 125.51(2)(e), Wis. Stats.].

§ 349-3 Operator's licenses.

[Amended 7-23-2018 by Ord. No. 1877-18]

A. Operator's license required and fees. Except as provided by law, any person who serves alcohol beverages in an establishment with a Class A, B or C license shall have an operator's license (bartender's license), new and or renewal, issued by the City Clerk-Treasurer. The fee for an operator's license shall be as set from time to time by Common Council for two years or fraction thereof, except that any operator's license issued for less than one year shall have a fee as set from time to time by Common Council. The applicant shall also pay the current cost incurred by the City to obtain a record check regarding the applicant. All fees are due at application and are nonrefundable.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

B. Provisional operator's license. The Clerk-Treasurer may issue a provisional operator's license to a person qualified under Ch. 125, Wis. Stats., for an operator's license, provided that such person has applied for a regular operator's license and is enrolled in a training course under § 125.17(6), Wis. Stats. The fee for a provisional operator's license shall be as set from time to time by Common Council, and such license shall expire 60 days after its issuance. A provisional license may not be issued to any person who has been denied an operator's license by the Common Council, and the Clerk-Treasurer may revoke the provisional operator's license if the holder of the license made a false statement on the application.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

C. Temporary operator's licenses. Temporary operator's licenses may be issued to persons employed or donating their services to a nonprofit corporation, provided that a person is limited to two such licenses per year, and the license is valid for only to 14 days. The fee for a temporary operator's license shall be as set from time to time by Common Council.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

D. Application procedures. Applications for operator's licenses shall be approved or denied by the City Clerk-Treasurer after review by and consultation with City staff, including the Police Department. Decisions shall be based upon the City's policy guidelines for alcohol beverage licenses. Denials shall be in writing and shall state the basis for the decision and the appeal process.

E. Appeals. An applicant denied an operator's license by the City Clerk-Treasurer shall have the right to appeal the denial to the Common Council. The appeal shall be in writing and given to the City Clerk-Treasurer within 10 days of the denial. The City Clerk-Treasurer shall promptly place the matter on the earliest available Council agenda. The Ordinance Committee shall independently review the applicant's request for an operator's license under this chapter.

F. License card. The Clerk-Treasurer shall issue a wallet-sized card upon approval of the application. When working on licensed premises as an operator, the licensee must be able to show the card upon request of a law enforcement officer.

G. Revocation of operator's license. Violation of any of the terms or provisions of the state law or of this section relating to operator's licenses by any person holding such operator's license shall be cause for revocation of the license.

§ 349-4 License applications.

[Amended 7-23-2018 by Ord. No. 1877-18]

A. Any person or persons applying for the licenses set forth above shall complete an application form provided by the City Clerk-Treasurer. The fee shall be due when the license is delivered. The City Clerk-Treasurer may refuse to accept any incomplete application. The fees shall be nonrefundable.

B. Applications for all forms of licenses and renewals shall be submitted and/or published as provided by law.

C. Applicants must appear before the Ordinance Committee before the application may be considered. The applicant will be informed whether or not the Committee will make a positive recommendation and will not be required to appear before the Common Council in the event of a positive recommendation. Otherwise, applicants must also appear before the Common Council at the meeting in which their license will be considered.

D. It is the obligation of all applicants to determine the date of any meetings at which they are required to appear pursuant to this chapter. Failure to attend may serve as a basis for the denial of the application.

E. This section does not apply to operator's licenses.

§ 349-5 License investigation.

A. Upon the filing of a properly completed application along with the appropriate application fee, the City Clerk-Treasurer shall notify, where applicable, the Chief of Police, Health Officer, Fire Inspector and Building Inspector. These officials shall make such inspections as they shall deem necessary to determine whether the applicant and, where applicable, the premises sought to be licensed comply with City ordinances and all state and federal laws. An investigation report shall then be forwarded to the Ordinance Committee.

B. The applicant shall appear before the Ordinance Committee. It is the applicant's obligation to determine the appropriate date for appearance. Failure to appear for all nonrenewal licenses and for all renewals when a specific request for attendance has been made shall serve as a basis for denying the issuance of a license. In the event an inaccurate or incomplete application is filed, the Committee may:

(1) Refuse to accept the application, in which case the application fee shall be forfeited and the applicant shall be required to refile; or

(2) Ask for the filing of the appropriate information, in which case the submission of that application to the Council may be delayed for a period of not more than two months.

§ 349-6 Issuance and reissuance by Common Council.

A. At such time as the Ordinance Committee has completed its review obligations under § 349-5, it shall forward its recommendations to the Council for consideration at its next regularly scheduled meeting. In the event that the Council denies the application, the applicant may request a refund of the application fee by filing a written request within five days of the date of denial. It shall be the obligation of the applicant to contact the City Clerk-Treasurer to determine whether or not the license was granted.

B. In applying for a license, the applicant is consenting to periodic reviews of all outstanding licenses. The Ordinance Committee may request follow-up investigations from the individuals listed in § 349-5 and supplementary information from the applicant. The Ordinance Committee shall make recommendations to the Council in the instances where it feels that any action should be taken with respect to the suspension or revocation of a license as a result of the review.

§ 349-7 Restrictions on granting licenses.

In addition to the restrictions imposed upon the granting of licenses by the statutes adopted by § 349-1 hereof, the following restrictions shall apply:

A. Except for hotels and bona fide clubs, societies and lodges in existence not less than six months prior to the date of application, retail "Class B" licenses shall be issued for only that portion of a premises located at the street level.

B. No license shall be granted for any premises or to any individual:

(1) Delinquent in payment of any taxes, assessments or other claims owed to the City of Reedsburg.

(2) Delinquent in payment of a forfeiture resulting from a violation of any ordinance of the City of Reedsburg.

(3) Delinquent in payment to the state of any state taxes owed.

C. No retail "Class B" license shall be issued unless the premises conforms to the requirements of the state building code, the state plumbing code, the rules and regulations of the state Department of Agriculture, Trade and Consumer Protection applicable to restaurants and the ordinances and regulations of the City.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

D. No license shall be granted to any corporation when more than 50% of the voting stock interest, legal or beneficial, is held by any person not eligible for a license under this section.

E. No retail Class "B" fermented malt beverage license shall be issued except in the following cases:

(1) In conjunction with a Class "B" liquor license;

(2) To a convenience store;

(3) To a retail food store;

(4) To a service station;

(5) To a restaurant (subject to the limitations set forth below);

(6) To facilities similar to the uses set forth above subject to approval by the Common Council.

F. No more than two special events per year shall be permitted for any licensed premises with temporary fencing. An "event" shall be defined as any selling or dispensing of alcohol beverages in or to an outside area in the City of Reedsburg for up to seven consecutive days. More than two special events or an event that lasts more than seven days will require a permanent fenced area approved by the Building Inspector and the Common Council. Fencing shall be of such nature as to prevent access from the outside and the passing of any beverage to the outside.

G. Temporary Class "B" picnic licenses issued pursuant to § 125.26(6), Wis. Stats., shall be restricted as follows:

(1) They may be issued only to bona fide clubs and chambers of commerce that have been in existence at least six months; state, county or local fair associations that have been in existence at least six months; churches, lodges or societies that have been in existence at least six months; and recognized veterans' organizations. Individuals, partnerships and business corporations are not eligible for a picnic license. See §§ 125.26(6) and 125.51(10), Wis. Stats.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(2) Except as provided in Subsection G(6) below, the licensed premises for the area encompassed by permit must be physically contained by two concentric fence rows with at least eight feet of space between the rows. Snow fencing is approved for this purpose. Any other form of fencing must be approved by the Police Department.

(3) Underage persons are prohibited from entering the licensed premises area for any reason unless accompanied by a parent, spouse or guardian who has attained the legal drinking age. The licensee or permittee is responsible for taking reasonable measures to keep unauthorized, underage persons off the licensed premises.

(4) No licensee or permittee may sell, vend, deal or traffic in alcohol beverages to or with a person who is intoxicated.

(5) A violation of these requirements or any other applicable state law or City ordinance shall entitle the City to immediately revoke the permit.

(6) The fencing requirement of Subsection G(2) above may be waived, and beer may be sold, at the Nishan Park concession stand in connection with adult baseball league play and adult baseball or softball tournaments, provided that the Common Council approves in advance and issues a permit for the dates and times of such sales, and the permit issued shall be displayed at the concession stand. There shall be a fee as set from time to time by Common Council, payable at the time application is made. There shall be at least one licensed server in the concession stand for each game.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

H. Grant a license conditional upon completion of construction.

[Added 7-28-2008]

(1) Common Council may grant license conditional. Notwithstanding the time limits set forth herein, whenever the proposed licensed premises is a building to be newly constructed or an existing building upon which major alteration, addition, renovation or other similar work is required in order to bring the premises in conformity with the representations made to the Common Council as part of the application and consideration of the application, or a petition is pending for annexation of the premises to the City, the Common Council may grant a license conditional upon the satisfactory completion of such construction, alteration, addition, renovation or other work, or such annexation.

(2) Time allotment. The Common Council, in making such a conditional grant of a license, may direct the City Clerk-Treasurer to withhold the issuance of the license for such time, not to exceed four months, as the Common Council deems a reasonable period for completion of such work in conformity with all such representations made to the Common Council and/or completion of the annexation. Upon request of the applicant, this period may be extended for an additional period not to exceed six months, and the license may be renewed one time with issuance withheld, but no such extension shall be granted unless the applicant has already completed a substantial portion of the construction or renovation of the premises with the original time set by the Common Council for withholding of the issuance of the license pending completion of work. The Common Council may further require the applicant to notify the City Clerk-Treasurer upon completion of the work, after which the Common Council shall cause such inspection of completion of work, after which the Common Council shall cause such inspection of the premises as it deems appropriate to ascertain that the premises is in conformity with all material representations made to the Common Council at the time of the granting of the license. Upon satisfactory completion of the work, the Common Council may direct the City Clerk-Treasurer to issue the license.

(3) Failure to complete within time allotted. Any material failure to conform with all such representations made to the Common Council as to the proposed licensed premises within the time set for completion of such work and any extensions of such time shall render the decision to grant the license void, and shall be deemed a denial of the application by the Common Council as of the expiration of the time or extended time for completion of construction.

(4) License fee nonrefundable. In any case where there is a conditional grant of license, and the license is ordered withheld for a time period or periods to allow for construction, and the applicant subsequently fails to satisfy the conditions of the grant of the license by satisfactory completion of such construction within the allotted time, the entirety of the license fee shall be nonrefundable.

I. Failure to operate under license. If an applicant fails to operate under a grant license for four months for reasons other than construction or pending annexation, the Common Council, after hearing and recommendation from the Ordinance Committee, may rescind such license or grant such further period of nonoperation, not to exceed six months, based on the then-existing circumstances, but said applicant shall be operational within the extended period or the license will be deemed rescinded at the end of the extension period. If rescinded, any license fee paid shall be nonrefundable.

[Added 7-28-2008]

§ 349-8 Restaurants.

In the event that application is made for a license to a restaurant, the applicant must demonstrate to the Common Council at the time of application or renewal that 70% or more of the gross receipts of the restaurant are derived from the business operated as a restaurant other than the sale of fermented malt beverages; fermented malt beverages shall be sold for consumption on the premises only by the pitcher, half pitcher, or glass, and no commercial sign advertising the sale of fermented malt beverages shall be displayed on the outside of the premises or inside of the premises as in such matter to be visible from the outside of the premises.

§ 349-9 Retail license quotas.

A. Class "B" licenses (beer; on/off premises consumption). One Class "B" license may be issued for each "Class B" intoxicating liquor license, which the City may issue under Subsection B below. The City may issue as many additional Class "B" fermented malt beverage licenses to restaurants meeting the requirements of § 349-8 as it deems proper.[1]

[1] Editor's Note: Original Subsection A, which immediately preceded this subsection and Subsection C, which immediately followed this subsection, of the former Municipal Codebook were repealed 9-10-2012.

B. "Class B" Licenses (liquor; on premises). One retail "Class B" license may be issued for each 500 inhabitants or fraction thereof in the City, determined according to the last federal census or official State of Wisconsin census thereof, provided existing licenses may be renewed. All licenses previously issued under this section together with those that are created and/or authorized by separate action of law shall be included in determining whether any additional license(s) is available for issuance.

[Amended 7-28-2008]

C. Additional "Class B" licenses (clubs and fraternal organizations).

(1) Notwithstanding the limitations created by § 349-9B, additional retail "Class B" licenses may be issued to applicants who are otherwise eligible for the issuance of temporary licenses as provided by §§ 125.26(6) and 125.51(10), Wis. Stats. Issuance shall be at the discretion of the Common Council and subject to the limitation that the aggregate number of "Class B" licenses issued within the City of Reedsburg shall not total more than one for each 500 inhabitants or fraction thereof in the City as determined by the last federal census or official State of Wisconsin estimate.

(2) These licenses are nonrenewable in nature and must be applied for on a yearly basis. Issuance in one year shall not be a basis for issuance in a subsequent year. All license holders shall maintain a log of times and dates when their facility is open for the service of alcohol beverages and shall make those logs available to the City during normal business hours and at the time that a new license is requested. It is the intention of the City that the holders of these licenses shall not be open for more than 40 events (an "event" shall be defined as any twenty-four-hour-or-less period) per year.

D. "Class C" wine licenses. "Class C" wine licenses may be issued only to a person qualified under § 125.04(5), Wis. Stats., for a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts and which does not have a barroom if the City's quota under § 349-9B has been reached, thereby prohibiting the issuance of a "Class B" license to that person. A "Class C" license may not be issued to a foreign corporation or a person acting as an agent for or in the employ of another.

§ 349-10 Conditions of licenses.

In addition to the conditions imposed by the state statutes adopted under § 349-1, the following restrictions shall apply to licenses issued hereunder:

A. Every applicant procuring a license thereby consents to the entry of the Chief of Police or his designee, the Mayor or the Chairman of the Ordinance Committee 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 offenses.

B. No club shall sell fermented malt beverages or intoxicating liquors except to members and to guests invited by members.

C. No retail "Class A" or "Class B" licensees shall sell or offer to sell fermented malt beverages or intoxicating liquor to any person on credit except credit extended by a hotel to a resident quest 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 fermented malt beverages or intoxicating liquor to any person on a passbook or store order, or receive from any person any goods, wares, merchandise or other articles in exchange for fermented malt beverages or intoxicating liquor.

D. Each licensed premises shall at all times be conducted in any orderly manner, and no disorderly, riotous or indecent conduct shall be allowed at any time or on any licensed premises.

E. There shall be no treating by a licensee at any time.

§ 349-11 Carry-out hours.

A. It shall be unlawful for anyone holding either a "Class B" fermented malt beverage or intoxicating liquor license or a duly authorized operator's permit to sell or permit to be sold any intoxicating liquor or fermented malt beverage in an original, unopened package, container or bottle or any intoxicating liquor or fermented malt beverage for consumption away from the premises between the hours of 12:00 midnight and 6:00 a.m. It shall also be a violation of this chapter to remove any packaged goods as set forth above from the licensed premises after 12:00 midnight.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

B. It shall be unlawful for anyone holding either a "Class A" fermented malt beverage or intoxicating liquor license or a duly authorized operator's permit to sell or permit to be sold any intoxicating liquor or fermented malt beverage in an original, unopened package, container or bottle or any intoxicating liquor or fermented malt beverage for consumption away from the premises between the hours of 9:00 p.m. and 6:00 a.m.

[Amended 6-12-2017 by Ord. No. 1844-17]

§ 349-12 Opening and closing hours.

A. Hours for all licensed establishments shall be determined by state law as set forth in §§ 125.32 and 125.68, Wis. Stats., as follows:

[Amended 6-12-2017 by Ord. No. 1844-17]

	Off-Premises (Carry-outs)	On-Premises Consumption
"Class A" beer	9:00 p.m. to 6:00 a.m.	Not permitted
"Class B" beer	12:00 midnight to 6:00 a.m.	Monday to Friday 2:00 a.m. to 6:00 a.m.; Saturday to Sunday 2:30 a.m. to 6:00 a.m.
"Class A" liquor	9:00 p.m. to 6:00 a.m.	Not permitted
"Class B" liquor	12:00 midnight to 6:00 a.m.	Monday to Friday 2:00 a.m. to 6:00 a.m.; Saturday to Sunday 2:30 a.m. to 6:00 a.m.
"Class C" wine	Not permitted	Monday to Friday 2:00 a.m. to 6:00 a.m.; Saturday to Sunday 2:30 a.m. to 6:00 a.m.

B. Opening and closing hours for "Class A" establishments are as set forth in § 349-11 as it pertains to the sale of carry-out products for "Class A" establishments.

C. No intoxicating liquor shall be consumed upon any licensed premises after said closing hours, and said premises shall be promptly vacated at such closing hours by all persons except the owner and owner's regular employees.

§ 349-13 Sale to minor or possession off licensed premises.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Any person who sells or furnishes fermented malt beverages to any person under the prevailing legal drinking age not accompanied by his parent, guardian, or spouse, for consumption outside the building or permanent structure in which a license to dispense malt beverages is possessed, or any person under the prevailing legal drinking age not accompanied by his parent, guardian, or spouse, who possesses fermented malt beverages outside a building or permanent structure in which a license to dispense malt beverages is possessed may be fined not less than $50 nor more than $500 and, upon default in payment of said fine, may be imprisoned not more than 90 days, and the court also shall restrict or suspend the motor vehicle operating privilege as provided in § 343.30(6), Wis. Stats. Whenever fermented malt beverages are dispensed for consumption outside a building or permanent structure by a licensed dispenser, the premises in which a person under the prevailing legal drinking age may possess such beverages shall include all areas within 10 feet of the point at which such beverages are dispensed. It is the legislative intent hereof to require that persons under the prevailing legal drinking age be permitted to consume fermented malt beverages only under the supervision of parent, guardian or spouse. As used in this section, "spouse" means a husband or wife who is the prevailing legal drinking age or over.

§ 349-14 Consumption on public streets and parks.

[Amended 3-27-2023 by Ord. No. 1953-23]

"Public place" for the purposes of this chapter means any public street, highway, alley, sidewalk, parking lot, government building, park, public swimming pool, other public property, or other places open to the public.

A. No person shall sell or serve, or offer to sell or serve, any fermented malt beverages, wine, or intoxicating liquor in any public place, except those places permitted for the sale of alcoholic beverages under these provisions.

B. No person shall consume or be in possession of an open bottle, can, or glass of any fermented malt beverage, wine, or intoxicating liquor in any public place, except those places permitted for the consumption or possession, respectively, of alcoholic beverages under these provisions.

C. No person shall drink wine, fermented malt beverages, or intoxicating liquor in a motor vehicle or have or permit any bottle or can of same which has been opened or upon which the label has been broken to be in any motor vehicle.

D. No person shall throw any fermented malt beverage, wine, or intoxicating liquor cans or bottles from any motor vehicle or deposit them in any public place, except in receptacles in public parks provided for the disposal of waste.

§ 349-15 Grants for certain reserve "Class B" liquor licensees.

A. Findings and purpose. The Common Council finds that businesses such as restaurants, hotels and taverns make important contributions to the City's economy. These establishments serve important public purposes, including increasing the City's property tax base, providing employment and promoting tourism. Excessive license fees deter new businesses and are contrary to the above-stated public purposes. Section 125.51(3)(e)(2), Wis. Stats., requires municipalities to establish a minimum fee of $10,000 for each reserve "Class B" liquor license issued. Since the new fee far exceeds the actual cost of licensing the activity, additional revenue will be available to the City. It is the purpose of this chapter to utilize revenue generated by § 125.51(3)(e)2, Wis. Stats., to assist new reserve "Class B" licensees to achieve the important public purposes identified herein.

B. Following the issuance of an original "Class B" liquor license and upon application, the Common Council may provide a grant to the licensee in an amount not to exceed $9,400. Prior to awarding any grant, the Common Council shall make such findings and establish such conditions to ensure that any funds awarded hereunder further the important public purposes identified herein.

[Amended 9-12-2005]

§ 349-16 Underage persons permitted on Class "B" and "Class B" premises during certain times.

[Added 6-12-2017 by Ord. No. 1845-17]

A. For purposes of this section:

UNDERAGE PERSON

A person who is at least 10 years of age but less than 21 years of age.

B. In addition to the exceptions contained in Ch. 125, Wis. Stats., underage persons may:

(1) Enter or remain on Class "B" or "Class B" licensed premises separate from any room where alcohol beverages are sold or served if no alcohol beverages are furnished or consumed by any person in the room where the underage person is present;

(2) Enter or remain on Class "B" or "Class B" licensed premises on a date specified by the licensee or permittee during times when no alcohol beverages are consumed, sold or given away. During those times, the licensee, the agent named in the license if the licensee is a corporation or a person who has an operator's license shall be on the premises unless all alcohol beverages are stored in a locked portion of the premises.

C. An underage person may enter and remain on the premises, pursuant to Subsection B(1)of this section, only if the City Police Department has issued a written authorization permitting underage persons to be present under the above subsections on the date specified in the authorization.

D. Before issuing the authorization, the Chief of Police or an officer designated by the Chief of Police shall make a determination that the presence of underage persons on the premises will not endanger their health, welfare or safety or that of other members of the community. Among the factors to be considered by the police when issuing an authorization under Subsection B(1) of this section are:

(1) Location of the room to areas where alcohol beverages are served on the premises;

(2) Security personnel or security measures to be taken by the owner to segregate underage persons from places where alcohol beverages are served on the premises;

(3) Location of restroom facilities to be used by the underaged individuals;

(4) Location and storage of all alcohol beverages;

(5) Number of employees and personnel on duty on behalf of the licensee;

(6) Any other factor deemed relevant by the Chief of Police.

E. Among the factors to consider when issuing an authorization under Subsection B(2) of this section are:

(1) Location and storage of all alcohol beverages. All alcohol beverages shall be locked in a cabinet for which a combination or key is needed for entry or otherwise locked securely in an area separated by a fence structure or partition for which a key or combination is needed for entry;

(2) Security measures taken by the licensee to ensure alcohol beverages are not accessible by underage individuals;

(3) Any other factors deemed relevant by the Chief of Police.

F. The licensee or permittee shall obtain a separate authorization for each date on which underage persons will be present on the premises as provided in this chapter, regardless of under which subsection the licensee is applying for authorization. The request for written authorization shall be made at least five days prior to that date. The Chief of Police or his or her designated officer shall specify on each authorization terms and conditions necessary to fulfill the requirements of this chapter. It shall be required of each licensed establishment which obtains permission for underage persons to enter upon its premises under this chapter that all sales of and consumption of alcohol beverages shall be stopped at least 30 minutes prior to the commencement of the time period when underage persons are first allowed on the premises under this section, nor shall sales of or consumption of alcohol beverages recommence for at least 30 minutes after the permitted allowance for underage persons to enter the licensed premises has expired.

G. Any decision of the Chief of Police or his or her designated officer denying a request for authorization under this chapter may be appealed to the Common Council upon the filing of a written appeal by the applicant with the City Clerk-Treasurer. The appeal shall be heard by the Ordinance Committee.

H. A licensee or permittee who directly or indirectly permits an underage person to enter or be on licensed premises in violation of this section is subject to a forfeiture of not less than $100, plus costs. Fines are per the current bond schedule.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 349-17 Improper exhibitions.

A. Nude dancing in licensed establishments prohibited. It is unlawful for any person to perform or engage in, or for any licensee or manager or agent of the licensee to permit any person, employee, entertainer or patron to perform or engage in any live act, demonstration, dance of exhibition on the premises of a licensed establishment which:

(1) Shows his or her genitals, pubic area, vulva, anus, anal cleft 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.

B. Exemptions. The provisions of this chapter do not apply to the following licensed establishments: theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music, or dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not stimulation or sexual gratification to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.

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

LICENSED ESTABLISHMENT

Any establishment licensed by the Common Council of the City of Reedsburg to sell alcohol beverages pursuant to Ch. 125, Wis. Stats.

LICENSEE

The holder of a retail "Class A," "Class B" or "Class C" licenses granted by the Common Council of the City of Reedsburg pursuant to Ch. 125, Wis. Stats.

D. Penalties. Any person, partnership or corporation who violates any of the provisions of this section shall be subject to forfeiture as set forth in Chapter 1, General Provisions, § 1-3.

§ 349-18 Revocation and suspension of licenses.

[Amended 3-27-2023 by Ord. No. 1953-23]

A. Proceedings to suspend, revoke or nonrenew a license issued pursuant to this chapter shall be conducted in a manner consistent with § 125.12, Wis. Stats.

B. A license issued pursuant to this chapter may be suspended, revoked, or nonrenewed if it is determined that the person holding the license:

(1) Has violated this chapter or municipal regulations adopted under Ch. 125, Wis. Stats.

(2) Keeps or maintains a disorderly or riotous, indecent or improper house.

(3) Has sold or given away alcohol beverages to known habitual drunkards.

(4) Does not possess the qualifications required under this chapter to hold the license.

(5) Has been convicted of manufacturing, distributing or delivering a controlled substance or controlled substance analog under § 961.41(1), Wis. Stats.; of possessing, with intent to manufacture, distribute or deliver, a controlled substance or controlled substance analog under § 961.41(1m), Wis. Stats.; or of possessing with intent to manufacture, distribute or deliver, or of manufacturing, distributing or delivering, a controlled substance or controlled substance analog under a substantially similar federal law or a substantially similar law of another state.

(6) Knowingly allows another person who is on the premises for which the license under this chapter is issued to possess, with intent to manufacture, distribute or deliver, a controlled substance or controlled substance analog.

(7) Received the benefit from an act prohibited under § 125.33(11), Wis. Stats.

C. Demerit points.

(1) In addition to causes for suspension, revocation or nonrenewal set forth in § 349-18B, a license may be suspended, revoked or nonrenewed if the person holding the license accumulates 100 or more demerit points as specified in Subsection C(2) below within a twelve-month period. In determining the accumulated demerit points against the person holding the license within a twelve-month period, the City shall use the date each violation was committed as the basis for the determination.

(2) If the following number of demerit points are accumulated by a licensee within a twelve-month period, the following actions shall be taken by the Ordinance Committee or the Common Council:

Points	Action
100	Meeting with and warning from the Ordinance Committee
126-199	Review by Ordinance Committee and possible suspension of 3 to 14 days by the Common Council
200 or more	Mandatory revocation by the Common Council

D. Upon conviction for a violation of the following, retail licensees shall be assessed the following demerit points:

(1) "Selling to an underage person" shall be defined as any person that has an alcohol beverage in his possession in violation of state drinking laws found in any licensed establishment. Exceptions to enforcement of this section shall be any underage person found in possession of a false ID or any person identified as underage by said establishment before any arrests have been made. Violation: 25 points.

(2) Underage person loitering on premises without legal adult. Violation: 25 points.

(3) False statement on license application. Violation: 100 points.

(4) Impede search of licensed premises. Violation: 100 points.

(5) No licensed bartender on premises. Violation: 25 points.

(6) Licensed premises in noncompliance with sanitary/building codes with thirty-day notice to comply. Violations that are not complied with within 30 days shall be as follows: sanitary: 25 points per single violation; building code: 10 points per violation.

(7) Sell or dispense after hours. Violation: 25 points.

(8) Place to place deliveries. Violation: 25 points.

(9) Sell or serve in a public place without permit, except those places permitted for the sale of alcoholic beverages under these provisions. Violation: 25 points.

(10) Violation of improper exhibition (§ 349-17). Violation: 50 points.

(11) Public nuisance, defined as any violation of Chapter 434, Peace and Good Order, § 434-5B and I; Chapter 366, Licensing, Article I; or Chapter 402, Nuisances, §§ 402-4 and 402-5, that apply to establishments. Violation: 15 points.

(12) Open after closing hour. Violation of § 349-12: 25 points.

E. Upon conviction for a violation of the following, operators shall be assessed the following demerit points:

(1) Selling to an underage person shall be defined and exempted as Subsection D(1) of this section. Violation: 25 points.

(2) False statement on application. Violation: 100 points.

(3) Sell or dispense after hours. Violation: 25 points.

(4) Place to place deliveries. Violation: 25 points.

(5) Sell or serve in a public place, except those places permitted for the sale of alcoholic beverages under these provisions. Violation: 25 points.

(6) Assault on a police officer. Violation: 200 points.

F. Repossession of license or permit. Whenever any license or permit under this section shall be revoked or suspended, the Clerk-Treasurer shall notify the licensee of such suspension or revocation and shall notify the Chief of Police, who shall take physical possession of the license or permit wherever it may be found and file it in the Clerk-Treasurer's office.

G. Effect of revocation of licenses. No license shall be issued for any premises if a license covering such premises has been revoked within six months prior to application. No license shall be issued to any person who has had a license issued pursuant to this section revoked within 12 months prior to application.