City of Two Rivers, WI
Manitowoc County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Two Rivers (Title 6, Ch. 1, of the 1981 Code). Amendments noted where applicable.]
The provisions of Chapter 125, Wis. Stats., and §§ 938.344 and 778.25, Wis. Stats., relating to the sale and disposition of intoxicating liquors and/or fermented malt beverages are adopted as a portion of this chapter as far as they are applicable, except as otherwise provided herein.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
As used in this chapter, the terms "intoxicating liquors," "sell," "sold," "sale," "fermented malt beverages," "club," "retailer," "person," "alcohol beverages," "selling," "department," "legal drinking age," "license," "permit," "premises," "principal business," "regulation," "restaurant," "underage person," "wholesaler" and "wine" shall have the meanings given them by Chapter 125, Wis. Stats.
No person, firm or corporation shall, within the City, vend, sell, deal or traffic in or have in his possession with intent to vend, sell, deal or traffic in or, for the purpose of evading any law or ordinance, give away any intoxicating liquor or fermented malt beverages in any quantity whatever, or cause the same to be done, without having procured a license as provided in this chapter, nor without complying with all the provisions of this chapter, and all statutes and regulations applicable thereto, except as provided by §§ 125.25, 125.26, 125.27, 125.28 and 125.51, Wis. Stats.
A. 
Retail "Class A" liquor license. A retail "Class A" liquor license, when issued by the City Clerk under the authority of the City Council, shall permit its holder to sell, deal and traffic in intoxicating liquors only in original packages or containers and to be consumed off the premises so licensed.
B. 
Retail "Class B" liquor license. A retail "Class B" liquor license, when issued by the City Clerk under authority of the City Council, shall permit its holder to sell, deal and traffic in intoxicating liquors to be consumed by the glass only on the premises so licensed, and in the original package or container, in multiples not to exceed four liters at any one time, to be consumed off the premises, except that wine may be sold in the original package or otherwise in any other quantity to be consumed off the premises.
C. 
There shall be six classes of fermented malt beverages licenses:
(1) 
Class "A" retailer's license. A Class "A" retailer's fermented malt beverage license, when issued by the City Clerk under the authority of the City Council, shall entitle the holder thereof to possess, sell or offer for sale fermented malt beverages only for consumption away from the premises where sold, and in the original packages, containers or bottles.
(2) 
Class "B" retailer's license. A Class "B" retailer's license, when issued by the City Clerk under the authority of the City Council, shall entitle the holder thereof to possess, sell or offer for sale fermented malt beverages, either to be consumed upon the premises where sold or away from such premises. The holder may also sell beverages containing less than 1/2 of the percent of alcohol by volume without obtaining a special license to sell such beverages.
(3) 
Special (temporary) Class "B" beer picnic license and special (temporary) "Class B" wine picnic license.
(a) 
A special Class "B" beer picnic license or a special "Class B" wine picnic license, when issued by the City Clerk under the authority of the City Council, shall entitle the holder thereof to possess, sell or offer for sale fermented malt beverages or wine in an original package, container, or bottle or by the glass, if the wine is dispensed directly from an original package, container, or bottle, at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by a fair association or agricultural society. Such license may be issued only to bona fide clubs and chambers of commerce, state, county or local fairs, associations or agricultural societies, to churches, lodges or societies that have been in existence for not less than six months prior to the date of application for such license or to posts of veterans organizations now or hereafter established. Such license is valid for a maximum of five days.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
(b) 
Application for such license shall be signed by the president or corresponding officer of the society or association making such application and shall be filed with the City Clerk together with the appropriate license fee for each event for which the license is sought. Any person signing the application for such license on behalf of a group or entity which is not authorized to receive such license under the applicable statute shall, upon conviction thereof, be subject to a forfeiture of $200 and will be ineligible to apply for a temporary "Class B" wine license for one year. The license shall specify the hours and dates of license validity. The application shall be filed a minimum of 15 days prior to the meeting of the City Council at which the application will be considered for events of more than three consecutive days. If the application is for a license to be used in a City park, the applicant shall specify the main point of sale facility.
(c) 
There shall be a licensed beverage operator on duty at all times at an event covered by above license.
(d) 
A temporary operator's license may be issued along with the special Class "B" and "Class B" picnic license.
(e) 
The City Council may, upon request and in the exercise of its reasonable discretion, waive the application of § 9-2-5B(2) of this Code to any event for which a special Class "B" picnic license or a special "Class B" picnic license is issued, to allow use of musical instruments, phonographs, radios or other machines or devices for the producing or reproducing of music at such event beyond 10:00 p.m. If the Council grants such a request, it shall specify a time at which such waiver will expire and may impose such additional conditions as it deems necessary or appropriate for the public good or welfare.
(4) 
Retail "Class C" licenses.
(a) 
In this subsection, "barroom" means a room that is primarily used for the sale or consumption of alcohol beverages.
(b) 
A "Class C" license authorizes the retail sale of wine by the glass or in an opened original container for consumption on the premises where sold.
(c) 
A "Class C" license may be issued 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 prohibits the City from issuing a "Class C" license to that person. A "Class C" license may not be issued to a foreign corporation or a person acting as agent for or in the employ of another.
(d) 
A "Class C" license shall particularly describe the premises for which it is issued.
(5) 
Temporary "Class B" wine license.
(a) 
License. Notwithstanding § 125.68(3), Wis. Stats., temporary "Class B" licenses may be issued to bona fide clubs, and chambers of commerce, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least six months before the date of application and to posts of veterans organizations authorizing the sale of wine in an original package, container or bottle or by the glass if the wine is dispensed directly from an original package, container or bottle at a particular picnic or similar gathering. No fee may be charged to a person who, at the same time, applies for a temporary Class "B" beer license under § 125.26(6), Wis. Stats., for the same event.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
(b) 
Application. Application for such license shall be signed by the President or corresponding officer of the society or association making such application and shall be filed with the City Clerk together with the appropriate license fee for each event for which the license is sought. Any person signing the application for such license on behalf of a group or entity which is not authorized to receive such license according to the applicable statute shall, upon conviction thereof, be subject to a forfeiture of $200 and will be ineligible to apply for such a license within one year of the conviction. The license shall specify the hours and dates of license validity. The application shall be filed a minimum of 15 days prior to the meeting of the City Council at which the application will be considered for events of more than three consecutive days. If the application is for a license to be used in a City park, the applicant shall specify the main point of sale facility.[1]
[1]
Editor's Note: Original Sec. 6-1-4(c)(6), Wholesaler's License, which immediately followed this subsection, was repealed at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III).
D. 
Fees. License fees are established and listed in Title 1 of this Code.[2]
[2]
Editor's Note: See Ch. 1-2, Fees.
A. 
Contents.
(1) 
Application for a license to sell or deal in intoxicating liquor or fermented malt beverages shall be made in writing on the form prescribed by the Wisconsin Department of Revenue and shall be sworn to by the applicant(s) as provided by §§ 887.01 to 887.03, Wis. Stats., and shall be filed with the City Clerk. The premises shall be physically described to include every room and storage space to be covered by the license, including all rooms not separated by a solid wall or joined by connecting entrances.
(2) 
Applications for intoxicating liquor and fermented malt licenses must be filed not less than 15 days prior to granting of such license.
B. 
Publication.
(1) 
The application for all permanent retail licenses will be accompanied by the cost of publication as stipulated by § 125.04(3)(g), Wis. Stats., and shall be published successively a minimum of three times as therein prescribed.
C. 
Amending application. Whenever anything occurs to change any fact set out in the application of any licensee, such licensee shall file with the issuing authority a notice, in writing, of such change within 10 days after the occurrence thereof.
A. 
Residence requirements. A license shall be granted only to persons who:
(1) 
Do not have an arrest or conviction record, subject to §§ 111.321, 111.322 and 111.335, Wis. Stats.;
(2) 
Have been residents of this state continuously for at least 90 days prior to the date of filing the application; and
(3) 
Have attained the legal drinking age.
B. 
Applicant to have malt beverage license. No retail "Class B" liquor license shall be issued to any person who does not have or to whom is not issued a Class "B" retailer's license to sell fermented malt beverages.
C. 
Premises. No license shall be granted for any premises where any other business shall be conducted in connection with said licensed premises and no other business may be conducted on such licensed premises after the granting of such license except that such restriction shall not apply to a hotel or to a restaurant not a part of or located in any mercantile establishment, or to a combination grocery store and tavern, or to a bowling alley or recreation premises or to a bona fide club, society or lodge that shall have been in existence for not less than six months prior to the date of filing application for such license.
D. 
Right to premises. No applicant will be considered unless he has the right to possession of the premises described in the application for the license period, by lease or by deed; and he shall present documentary proof of his right to possession when required by the License and Health Committee.
E. 
Age of applicant. No Class "A" or "B" or "Class C" license shall be granted to any person under the legal drinking age, except that a person may obtain a beverage operator's license if 18 years of age.
F. 
Application by agents, hotels, etc.
(1) 
No Class "A" or "B" or "Class C" license shall be issued to any person acting as agent for or in the employ of another except that, with respect to Class "B" licenses, this restriction shall not apply to a hotel, or to a restaurant not a part of or located in or upon the premises of any mercantile establishment, or to a bona fide club, society or lodge that shall have been in existence for not less than six months prior to the date of application, or to a corporation, as provided in § 125.04(6), Wis. Stats. Such license for a hotel, restaurant, club, society lodge or corporation may be taken in the name of an office or manager, who shall be personally responsible for compliance with all the terms and provisions of this chapter.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
(2) 
Such officers or managers must meet the residence requirement of § 6-1-6A of this chapter.
G. 
Corporate or nonprofit organization restrictions.
(1) 
No license shall be granted to any corporation which does not comply with the provisions of Chapter 125, Wis. Stats., which does not have an agent eligible for a license under this chapter or under state law.
(2) 
The City Clerk must obtain a completed appointment of agent schedule for each corporation or nonprofit organization and obtain local enforcement approval prior to granting license. This completed form must also be obtained for all changes of agent, which must be approved by local enforcement.
(3) 
Appointment of agent. An agent must meet the qualifications listed in § 6-1-6A and E, above, except that the person need not be a Wisconsin resident. However, the agent must be located near enough so he or she can actively supervise the licensed premises.
(4) 
Any license issued to a corporation may be revoked in the manner and under the procedure established in § 125.12, Wis. Stats.
The City Clerk shall notify the Chief of Police, Health Officer, Chief of the Fire Department and Building Inspector of each application, and these officials shall inspect or cause to be inspected each application and the premises, together with such other investigation as shall be necessary to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto, including those governing sanitation in restaurants and whether the applicant is a proper recipient of a license. These officials shall furnish to the City Council, in writing, the information derived from such investigation, accompanied by a recommendation as to whether a license should be granted or refused. No license shall be renewed without a reinspection of the premises and report as originally required.
A. 
In determining the suitability of an applicant, consideration shall be given to the moral character and financial responsibility of the applicant, the appropriateness of the location and premises proposed, and generally the applicant's fitness for the trust to be reposed.
B. 
No license shall be granted for operation of any premises or with any equipment for which taxes or assessments or other financial claims of the City are delinquent or unpaid.
C. 
No retail "Class B" fermented malt, retail "Class C" fermented malt and/or liquor license shall be issued unless the premises conforms to the sanitary, safety and health requirements of the State Building Code, and the regulations of the State Department of Agriculture, Trade and Consumer Protection and City Board of Health applicable to restaurants. The premises must be connected with City water and sewage facilities, must be properly lighted and ventilated, must be equipped with separate sanitary toilet and lavatory facilities equipped with running water for each sex and must conform to all ordinances of the City.
A. 
Opportunity shall be given by the governing body to any person to be heard for or against the granting of any license. Upon the approval of the applicant by the City Council, the City Clerk shall issue to the applicant a license, upon payment by the applicant of the license fee to the City. The license fee shall be prorated on a monthly basis if issued for a fraction of a year. The fee shall be paid to the City Clerk who shall deposit the same in the general fund.
B. 
Individuals or corporations desiring a new Class B or Class C license shall file in the City Clerk's office an application form for the license, deposit with the City one year's license fee and provide sufficient documentation to determine the applicant's eligibility, including detailed construction plans if a new or remodeled facility is proposed, so that the City can determine the eligibility of the applicant. Upon complying with these requirements, the Clerk shall place the applicant on the eligibility list and the City Council will then issue available licenses on a "first-come-first-served" basis according to filing date. Applicants may withdraw their application and obtain a refund at any time.
C. 
The City Manager may issue temporary Class "B" picnic licenses without Council approval in cases of an emergency in lieu of calling a special Council meeting.
A. 
The transfer of a license to a new owner and/or new location will be evaluated on a case-by-case basis. If a location change occurs, the licensee is responsible for the proper maintenance, operation or disposition of the prior licensed facility; and if not, the license may not be renewed subject to City Council review.
B. 
There shall be issued no more than one Class "B" retail or "Class C" license for any one premises within one year from July 1 to the succeeding June 30, except in cases of death, bankruptcy or assignment of creditors as provided in Chapter 125, Wis. Stats. If licensed premises are transferred to a new owner or tenant, the new occupant must apply for and receive, prior to commencing operations, a Class "B" retail or "Class C" retail license. This section shall apply to licenses held by corporations which transfer the same to another corporate entity, with or without changing agents, to the agent or other persons. The prospective licensee shall file a new application and pay the required fee as if it were making an original application. If the applicant is a tenant or subtenant, he shall first secure and present to the City Council written approval of such tenancy from the owner of such premises.
C. 
Whenever the agent of a corporate holder of a license, for any reason, is replaced, the licensee shall give the City Clerk written notice of said replacement, the reasons therefor and the new appointment. Until the next regular meeting or special meeting of the City Council, the successor agent shall have the authority to perform the functions and be charged with the duties of the original agent. However, said license shall cease to be in effect upon receipt by the Clerk of notice of disapproval of the successor agent by the Wisconsin Department of Revenue or the Sheriff or other peace officer of the municipality in which the license was issued. The corporation's license shall not be in force after receipt of such notice or after a regular or special meeting of the City Council until the successor agent or another qualified agent is appointed and approved by the City and the Wisconsin Department of Revenue.
D. 
Whenever any licensee under this chapter shall not conduct his licensed business at the authorized location for a period of six consecutive months, the license issued to him shall lapse and become void, unless such six-month period shall be extended by the City Council.
All licenses shall be numbered in the order in which they are issued and shall state clearly the specific premises for which granted, the date of issuance, the fee paid, the name of the licensee, and shall expire on the 30th day of June thereafter, unless revoked as provided by state law or City ordinance or by revocation by the City Council. The City Clerk shall affix to the license his affidavit as provided by Wisconsin Statutes.
A. 
As to location. There shall be issued no more than one "Class B" intoxicating liquor license and/or fermented malt license or "Class C" wine license for any one location in any one license year, except in case of bona fide illness, death, sale of the premises by the last licensee or revocation of the license. New or subtenants are required to present written approval of the owner of the premises of their tenancy.
B. 
As to population. The number of persons and places that may be granted retail "Class B" intoxicating liquor licenses under this chapter shall be limited to the number as fixed by § 125.51(4), Wis. Stats., subject to increase by annexation or increases in population; also, as provided by said statutory section. The number is presently 36.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
C. 
There shall be no restriction on the number of "Class A" intoxicating liquor or Class "B" fermented malt beverage, or "Class C" Wine licenses.
A. 
Every person licensed in accordance with the provisions of 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.
B. 
It shall be unlawful for any person to post such license or to be permitted to post it upon premises other than those mentioned in the application or knowingly to deface or destroy such license.
Whenever a license issued under this chapter 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 City Clerk for a fee as prescribed in Title 1 on satisfying himself as to the facts.
All retail Class "A" and "B" and "Class C" licenses granted hereunder shall be granted subject to the following conditions, and all other conditions of this section, and subject to all other ordinances and regulations of the City applicable thereto:
A. 
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 therein which are 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 retail Class "B" or "Class C" licensee shall employ any person under 18 years of age except as authorized in § 125.32(2), Wis. Stats., and as said statutory section is hereinafter amended.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
C. 
There shall be upon premises operated under a Class "A," Class "B" or "Class C" license, at all times, the licensee or some person who shall have an operator's license and who shall be responsible for the acts of all persons serving, as waiters or in any manner, any fermented malt beverages or intoxicating liquor to customers. No member of the immediate family of the licensee under the age of 18 years shall serve as a waiter, or in any other manner provide, any fermented malt beverage or intoxicating liquor to customers unless an operator 18 years of age or over is present upon and in immediate charge of the premises. No person other than the licensee shall serve fermented malt beverages or intoxicating liquor in any place operated under a retail Class "A," Class "B," or "Class C" license unless he shall possess such operator's license, or unless he shall be under the immediate supervision of the licensee or a holder of an operator's license who shall be at the time of such service upon said premises.
A. 
Restrictions near schools, churches and hospitals. No retail Class "A" or "B" license shall be issued for premises the main entrance of which is less than 300 feet from the main entrance of any established public school, parochial school, hospital or church. Such distance shall be measured by the shortest route along the highway from the closest point of the main entrance of such school, church or hospital to the main entrance to such premises. This subsection shall not apply to premises licensed as such prior to the occupation of real property within 300 feet thereof by any school building, hospital building or church building.
B. 
Street level premises licensed. A retail Class "B" fermented malt beverage license or retail "Class C" license shall be issued only for that portion of the premises located on the street level, unless specifically extended by the authority of the Council. This subsection shall not apply to a bona fide club, hotel, bowling alley, lodge room, labor union or veterans organization.
C. 
Each premises shall be maintained in a sanitary manner and shall be a safe and proper place for the purpose for which used. The Health Office of the City may 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 and infractions thereof may be punished as a violation of this section.
D. 
No premises holding a Class "B" license shall, during the days they are required to close, or during the hours in which sale of fermented malt beverages or liquor is prohibited, obstruct, by the use of curtains, blinds, screens, or in any other manner, a full and complete view of the interior from the outside. During the hours in which such sale is permitted, the premises shall be properly and adequately lighted.
A. 
Closing hours. No premises for which a wholesale or retail malt beverage license or retail liquor license of any kind had been issued shall be permitted to remain open for the sale or consumption of such fermented malt beverage or intoxicating liquor, either by the glass or by the package, at the times hereinafter set forth.
(1) 
If a retail Class "A" license, the closing hours shall be:
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, General Provisions, Art. III)]
(a) 
Liquor off premises: between 9:00 p.m. and 6:00 a.m.;
(b) 
Fermented malt beverages off premises: between 12:00 midnight and 6:00 a.m.
(2) 
If a retail Class "B" or "Class C" license, the closing hours shall be:
(a) 
Packaged goods off premises: between 12:00 midnight and 6:00 a.m.;
(b) 
Consumption on premises: Monday through Friday between 2:00 a.m. and 6:00 a.m.;
(c) 
Consumption on premises: On Saturday and Sunday between 2:30 a.m. and 6:00 a.m.; and
(d) 
Consumption on January 1: not required to close.
B. 
Closing hours exceptions. Hotels and restaurants, whose principal business is the furnishing of food and lodging to patrons, and bowling alleys shall be permitted to remain open for the conduct of the regular business but shall not sell intoxicating liquor or fermented malt beverages during the hours prohibited in the foregoing Subsection A. Grocery stores, service stations, drug and tobacco stores licensed to sell fermented malt beverages or intoxicating liquor may remain open, but shall not sell fermented malt beverages or intoxicating liquor during the hours prohibited in the foregoing Subsection A. No person shall consume fermented malt beverages or intoxicating liquor upon any licensed premises during the hours prohibited in the foregoing Subsection A(2).
A. 
Procedure. Except as hereinafter provided, the provisions of state law shall be applicable to proceedings for the revocation or suspension of all licenses or permits granted under this chapter. Revocation or suspension proceedings may be instituted by the Council upon its own motion by adoption of a resolution.
B. 
Suspension of licenses. The City Manager or the Chief of Police, upon obtaining reasonable information that any licensee has violated any provision of this chapter or any state or federal liquor or fermented malt beverage law, may suspend a license or permit granted under this chapter for a period not to exceed 10 days pending hearing by the City Council pursuant to Subsection A.
C. 
Any license issued pursuant to this chapter shall be subject to such further regulations and restrictions as may be imposed by the City of Two Rivers by amendment to this chapter or by the enactment of new ordinances. If any licensee shall fail or neglect to meet the requirements imposed by such new restrictions and regulations his license may be revoked in accordance with this chapter. If any new amendment or ordinance enacted by the City Council shall provide for revocation of all or any class of existing licenses and the issuance of new licenses, or shall impose such new restrictions as to render it impossible for any licensee under an existing license to meet such restrictions, then and in such case the unused portion of the fee paid for such license shall be refunded or applied on any new license issued to such licensee by the City. In case of revocation of any license for any violation of any provision of this chapter or for any reasonable cause except the imposition of new restrictions, no refund shall be made of any part of the license fee. If a license issued hereunder is not used within 15 days after its issuance, or its usage is discontinued for a period of 15 days or more, such situation shall be grounds for cancellation of the license in accordance with the provisions of this chapter.
[Amended 10-5-2020]
A. 
Purpose. To enliven downtown and other areas of the City and provide opportunities for social and economic activities, the City Council finds and determines:
(1) 
That there exists the need for outdoor facilities in certain areas of the City to provide a unique environment for relaxation, social interaction, and the consumption of food and alcohol beverages.
(2) 
That the establishment of conditions and safety standards for beer gardens is necesssary to protect and promote public health, safety, welfare, and the general peace among adjacent property owners.
B. 
Definitions. For purposes of this section, the following terms have the following meanings:
ALCOHOL BEVERAGES
Fermented malt beverages and intoxicating liquor as defined in § 125.02(1), (6) and (8), Wis. Stats., or any successor to that statute.
BARRIER
Any permanent physical structure designed to restrict ingress and egress from the beer garden to designated openings and that is not less than four feet in height.
BEER GARDEN
An expansion of the licensed premises to an outdoor area for the purpose of conducting outdoor sales and consumption of food and alcohol beverages, said outdoor area being directly attached to the licensed building, and used daily or on a seasonal basis as part of the normal operations of the licensed premises.
LICENSED PREMISES
The enclosed building premises as designated on the establishment's operator's license. A beer garden is an expansion of the licensed premises.
C. 
Location.
(1) 
No permit shall be issued for a beer garden located in a nonresidential district if any part of the beer garden is within 50 feet of a structure used for residential purposes and located on a residentially zoned parcel, except residential uses located in the same structure as the licensed premises or a residence which is owned by the same person who owns the licensed premises. Upon appeal to the City Council, a full or partial waiver of the distance requirements in this provision may be granted.
(2) 
No permit shall be issued to an establishment if it is located in a district zoned R-1 through R-4.
(3) 
The beer garden shall be on the same parcel as the main licensed premises; provided, however, that a beer garden may extend onto an adjacent and contiguous parcel owned or leased by the permittee.
D. 
Application. Application for a permit to operate a beer garden shall be submitted to the City Clerk's office.
(1) 
Each applicant for a beer garden permit shall provide a plan diagram that accurately depicts the area intended for use as a beer garden and shall indicate the nature of the barriers or other measures intended to provide control over the operation of the beer garden; and
(2) 
Approval of any beer garden is subject to review and recommendation of the Police Department; and
(3) 
The permittee shall be responsible for complying with the approved beer garden plan as submitted in the initial permit application; and
(4) 
Notice of pending applications for new or modified beer gardens shall be published as a Class 1 notice in the official City newspaper prior to the City Council meeting at which such application may be acted upon.
E. 
Appeals. Any person denied a beer garden permit may appeal the denial. An appeal shall be made, in writing, to the City Clerk, who shall forward the request to the City Manager and City Council. The City Council will convene within 30 days of the appeal being filed with the Clerk to hear from the Chief of Police and the affected business. After deliberation, the City Council shall act on the appeal. A written copy of the decision shall be provided to the affected business.
F. 
Permit and fees.
(1) 
License fees. The fee for a beer garden permit shall be as set forth on the schedule of fees in § 1-2-1.
[Amended 11-30-2020]
(2) 
Each permit shall be effective for one year from July 1 to June 30.
(3) 
The permit issued hereunder is not transferable by the owner to any other establishment or any subsequent owner of the premises.
G. 
Suspension or revocation of permit. The permits are a privilege in which no rights vest, and, therefore, may be revoked by the City Council at its pleasure at any time. The City Manager or the Chief of Police, upon obtaining reasonable information that any permittee has violated any provision of this chapter or any state or federal law, may suspend or temporarily revoke a permit granted under this chapter pending review by the City Council.
H. 
Standards and conditions.
(1) 
A minimum of 80% of any beer garden perimeter shall consist of a barrier as defined herein. The barrier shall be substantial in nature in that it is not constructed of easily removable or temporary materials such as snow fencing. At a minimum, one designated opening shall be created of sufficient width to accommodate ease of ingress or egress, other than through the licensed establishment, for emergency purposes.
(2) 
No permit shall be issued for a beer garden if the beer garden area is greater than the gross floor area of the adjoining licensed premises; provided, however, the size of any beer garden may exceed the gross floor area upon review and recommendation of the Police Chief and approval of the City Council. Such recommendation shall take into consideration the property size, location, occupancy limitations (based on square footage), or other conditions directly related to public safety.
(3) 
When a portion of the beer garden's perimeter lies along the shoreline of the East or West Twin River, there shall be no requirement for a barrier along such river frontage; provided, however, that the fence or wall enclosing the balance of the beer garden's perimeter shall extend to points as close to the water as practicable, subject to the review and recommendation of the Police Department. The City reserves the right to require such fence to extend toward the water to the maximum extent allowed by law (i.e., to the ordinary high-water mark or the bulkhead line, if a bulkhead exists).
(4) 
Lighting. All beer gardens shall be sufficiently lighted to ensure the safety of patrons at all times when any patrons shall be therein and at all times when the beer garden is open to the public. Lighting of the area must be shielded and not be of intensity or brilliance to create glare which is distracting to adjoining property owners or can become a hazard or danger to vehicular or marine traffic.
(5) 
Music/noise. Amplified sound or music is not permitted after 9:00 p.m. Noise from any source that is emitted from the outdoor area shall not exceed the standards contained in § 9-2-5, Loud and unnecessary noises.
(6) 
There shall be a licensed operator within the beer garden when alcohol beverages are dispensed in the beer garden.
I. 
Hours of operation. The beer garden shall remain closed to the public between the hours of 11:00 p.m. and 6:00 a.m.
J. 
State statutes enforced. Every permittee under this section shall comply with and enforce all provisions of Ch. 125, Wis. Stats., applicable to Class "B" licensed premises, except insofar as such provisions are clearly inapplicable. Violation of the provisions of Ch. 125, Wis. Stats., may be grounds for immediate revocation of the beer garden permit as described in Subsection G above.
(1) 
The permittee shall not allow patrons of the beer garden to bring alcohol beverages nor to carry open containers of alcohol beverages outside of the licensed premises or beer garden.
(2) 
The permittee shall be responsible for the acts of all employees, patrons and agents of the business. A violation of any provision of this section, any City ordinance or Ch. 125, Wis. Stats., by a patron, agent or employee of the permittee shall constitute a violation by the permittee.
K. 
Penalty. Any person who shall violate any provisions of this chapter or any order, rule or regulation made or adopted hereunder shall be subject to the general provisions penalty of this Code.[1]
[1]
Editor's Note: See Ch. 1-1, Art. II, General Penalty.
A. 
Permit.
(1) 
The City Council may, upon consultation with the Police Chief, issue special event beer garden permits to existing licensees, permitting the consumption of alcohol beverages on a part of the licensed premises not enclosed within a building, upon application and subject to the terms of this chapter. Such permits shall be deemed a privilege in which no rights vest, and therefore may be revoked by the City Council at its pleasure at any time. Such permits may be issued for periods not to exceed three consecutive days. No licensee may be granted such a permit on more than two occasions during any calendar year. No such permit shall be issued to a licensed premises located in a district zoned R-1 Single-Family Residence District, R-2 Single- and Double-Family Residence District, R-3 Single- and Double-Family Residence District or R-4 Multiple-Family Residence District.
(2) 
Such permit may be issued to allow modification of the conditions applicable to an existing beer garden permit during a special event or to allow establishment of a new beer garden at a licensed premises for the duration of a special event as permitted herein.
B. 
Application. Any applicant for a special event beer garden permit shall submit a site plan drawing describing the area to constitute the beer garden; shall state the planned hours of operation of the beer garden and proposed hours for outdoor music or entertainment. A licensed operator shall be within the beer garden at all times alcohol beverages are dispensed in the beer garden. The beer garden area shall be adequately fenced to prohibit or significantly restrict the ease with which alcohol beverages may be passed from within the beer garden area to anyone outside the beer garden area.
C. 
Conditions. The size and location of the beer garden area and its layout, hours of operation for the beer garden, and the hours during which outdoor music or entertainment may be allowed shall be determined by the City Council, on consultation with the Police Chief. If any portion of the beer garden is located within 50 feet of a structure that is used for residential purposes and is located in a district zoned residential, no permit shall be issued unless the owner of the structure indicates to the City Council his or her consent, in writing, to the granting of the permit.
D. 
Fee. The fee for a special event beer garden permit shall be as set forth on the schedule of fees in § 1-2-1.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
E. 
Compliance with applicable laws. Every permittee shall comply with all applicable provisions of Chapter 125, Wis. Stats., and this Code of the City of Two Rivers. Violation of any governing statute or ordinance shall be grounds for immediate revocation of the permit.
F. 
Penalty. Any person who violates any provisions of this chapter shall be subject to the general provisions penalty of this Code.[1]
[1]
Editor's Note: See Ch. 1-1, Art. II, General Penalty.
A. 
Purpose and findings. The City Council of the City of Two Rivers intends to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, and intends to hold persons civilly responsible who host events or gatherings where persons under 21 years of age possess or consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol. The City Council of the City of Two Rivers finds:
(1) 
Events and gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of 21 are harmful to those persons and constitute a potential threat to public health requiring prevention or abatement.
(2) 
Prohibiting underage consumption acts to protect underage persons, as well as the general public, from injuries related to alcohol consumption, such as alcohol overdose or alcohol-related traffic collisions.
(3) 
Alcohol is an addictive drug which, if used irresponsibly, could have drastic effects on those who use it as well as those who are affected by the actions of an irresponsible user.
(4) 
Often, events or gatherings involving underage possession and consumption occur outside the presence of parents. However, there are times when the parent(s) is/are present and condone the activity and, in some circumstances, provide the alcohol.
(5) 
A deterrent effect will be created by holding a person responsible for hosting an event or gathering where underage possession or consumption occurs.
B. 
Definitions. For purposes of this chapter, the following terms shall have the following meanings:
[Amended 4-2-2018]
ADULT
Has the meaning set forth in § 990.01(3), Wis. Stats., or any successor to that statute.
ALCOHOL BEVERAGES
Fermented malt beverages and intoxicating liquor as defined in § 125.02(1), (6) and (8), Wis. Stats., or any successor to that statute.
PARENT
Any person having legal custody of a juvenile:
(1) 
As a natural, adoptive parent or step parent;
(2) 
As a legal guardian; or
(3) 
As a person to whom legal custody has been given by order of the court.
C. 
Prohibited acts. No adult may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by an underage person on property, including any premises owned and occupied by the adult or occupied by the adult and under the adult's control. This subsection applies at a lodging establishment, as defined in § 106.52(1)(d), Wis. Stats., only if the adult has furnished payment or security for lodging. The subsection does not apply to alcohol beverages used exclusively as part of a religious service.
[Amended 4-2-2018]
D. 
Exceptions. This section does not apply in cases where a person procures for, sells, dispenses of or gives away alcohol beverages to an underage person in the direct company of his or her parent, guardian or spouse who has attained the legal drinking age, who has consented to the underage person acquiring or consuming the alcohol beverages and is in a position to observe and control the underage person.
(1) 
This section does not apply to legally protected religious observances.
(2) 
This section does not apply to situations where underage persons are lawfully in possession of alcohol beverages during the course and scope of employment.
E. 
Penalties. A person who commits a violation of this chapter is subject to a forfeiture of not more than $ 500 if the person has not committed a previous violation within 12 months of the violation. A person may be fined not more than $1,000 if the person has committed two previous violations within 12 months of the violation. A person may be fined not more than $10,000 if the person has committed 3 or more previous violations within 12 months of the violation.
[Amended 4-2-2018; at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
Pursuant to §§ 125.17(5) and 125.185, Wis. Stats., and subject to the terms of those statutes, the City shall issue provisional operators licenses and provisional licenses. The City Clerk is designated to be the official having authority to issue such licenses. The fee for each such license shall be $15.