[HISTORY: Adopted by the City Council of the City of Amery as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-6-2004 as Title 7, Ch. 2, of the 2004 Code]
The provisions of Chapter 125 of the Wisconsin Statutes, relating to the sale of intoxicating liquor and fermented malt beverages, except provisions therein relating to penalties to be imposed, are hereby adopted by reference and made a part of this article as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this article. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made a part of this article in order to secure uniform statewide regulation of alcoholic beverage control.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
As used in this article the terms "alcoholic beverages," "intoxicating liquor," "principal business," "legal drinking age", "premises," "sell," "sold," "sale," "restaurant," "club," "retailer," "person," "fermented malt beverages," "wholesaler," and "operator" shall have the meaning given them by Ch. 125, Wis. Stats.
No person, firm or corporation shall vend, sell, deal or traffic in or have in his/her/its 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 beverage in any quantity whatever, or cause the same to be done, without having procured a license as provided in this article nor without complying with all the provisions of this article, and all statutes and regulations applicable thereto, except as provided by §§ 125.26, 125.27, 125.28 and 125.51, Wis. Stats.
A. 
Retail "Class A" intoxicating liquor license. A retail "Class A" intoxicating liquor license, when issued by the City Administrator/Clerk-Treasurer 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. Such license shall be issued with an effective date of July 1, but may be issued by the City prior to that date. The license shall expire on the following June 30.
B. 
Retail "Class B" intoxicating liquor license. A retail "Class B" intoxicating liquor license, when issued by the City Administrator/Clerk-Treasurer 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 any quantity, to be consumed off the premises. Such license shall be issued with an effective date of July 1, but may be issued by the City prior to that date. The license shall expire on the following June 30.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Reserve "Class B" licenses. A reserve "Class B" license means a license that is not granted or issued by the City on December 1, 1997, and that is counted under § 125.51(4)(br), Wis. Stats., which, if granted or issued, authorizes the sale of intoxicating liquor to be consumed by the glass only on the premises where sold, and also authorizes the sale of intoxicating liquor in the original package or container in any quantity, to be consumed off premises.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D. 
Class "A" fermented malt beverage retailer's license. A Class "A" retailer's fermented malt beverage license, when issued by the City Administrator/Clerk-Treasurer 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. Such license shall be issued with an effective date of July 1, but may be issued by the City prior to that date. The license shall expire on the following June 30.
E. 
Class "B" fermented malt beverage retailer's license.
(1) 
License. A Class "B" fermented malt beverage retailer's license, when issued by the City Administrator/Clerk-Treasurer 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 1% of alcohol by volume without obtaining a special license to sell such beverages. Such license shall be issued with an effective date of July 1, but may be issued by the City prior to that date. The license shall expire on the following June 30.
(2) 
Application. Class "B" licenses may be issued to any person qualified under § 125.04(5), Wis. Stats. Such licenses may not be issued to any person acting as agent for or in the employ of another, except that this restriction does not apply to a hotel or restaurant which is not a part of or located on the premises of any mercantile establishment, or to a bona fide club, society or lodge that has been in existence for at least six months before the date of application. A Class "B" license for a hotel, restaurant, club, society or lodge may be issued in the name of an officer who shall be personally responsible for compliance with this article. Except as provided in § 125.295, Wis. Stats., Class "B" licenses may not be issued to brewers or brewpubs. A Class "B" license may not be issued to a person holding a wholesaler's permit issued under § 125.28, Wis. Stats., or to a person who has a direct or indirect ownership interest in a premises operating under a wholesaler's permit issued under § 125.28, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
F. 
Temporary Class "B" fermented malt beverage license.
(1) 
License. As provided in § 125.26(1) and (6), Wis. Stats., temporary Class "B" fermented malt beverage 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 authorized the sale of fermented malt beverages at a particular picnic or similar gathering, at a meeting of the post or during a fair conducted by the fair association or agricultural society. Such license is valid for dates as approved by the City Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
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 Administrator/Clerk-Treasurer together with the appropriate license fee for each event for which the license is sought. Any person fronting for any group other than the one applied for shall, upon conviction thereof, be subject to a forfeiture of $200 and will be ineligible to apply for a temporary Class "B" license for one year. The license shall specify the hours and dates of license validity. If the application is for a license to be used in a City park, the applicant shall specify the main point of sale facility.
G. 
Temporary "Class B" wine license.
(1) 
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, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. 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. Not more than two such licenses may be issued under this subsection to any club, chamber of commerce, county or local fair association, agricultural society, church, lodge, society or veterans' post in any twelve-month period.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
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 Administrator/Clerk-Treasurer together with the appropriate license fee for each event for which the license is sought. Any person fronting for any group other than the one applied for 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. 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. 7-2-4(h) of the 2004 Code of Ordinances, Wholesaler's license, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
Retail "Class C" licenses.
(1) 
In this subsection, "barroom" means a room that is primarily used for the sale or consumption of alcoholic beverages.
(2) 
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.
(3) 
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 alcoholic 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 B" license to that person. A "Class C" license may not be issued to a foreign corporation, a foreign limited liability company, or a person acting as agent for or in the employ of another.
(4) 
A "Class C" license shall particularly describe the premises for which it is issued.
There shall be the following classes of licenses which, when issued by the City Administrator/Clerk-Treasurer under the authority of the City Council after payment of the license fee and publication costs hereinafter specified, shall permit the holder to sell, deal or traffic in intoxicating liquors or fermented malt beverages as provided in § 163-4 of this article and Ch. 125, Wis. Stats.:
A. 
Class "A" fermented malt beverages retailer's license. The annual fee for this license shall be as prescribed in the Schedule of Fees. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.
B. 
Class "B" fermented malt beverage retailer's license. The annual fee for this license shall be as prescribed in the Schedule of Fees. This license may be issued at any time for six months in any calendar year, for which 50% of the applicable license fee shall be paid, but such license shall not be renewable during the calendar year in which issued. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.
C. 
Temporary Class "B" fermented malt beverage license. The fee for this license shall be as prescribed in the Schedule of Fees per event.
D. 
Temporary "Class B" wine license. The fee for this license shall be as prescribed in the Schedule of Fees per event. However, there shall be no fee if the temporary wine license is obtained along with a temporary fermented malt beverage license.[1]
[1]
Editor's Note: Original Sec. 7-2-5(e) of the 2004 Code of Ordinances, Fermented malt beverage wholesaler's license, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
"Class A" intoxicating liquor retailer's license. The annual fee for this license shall be as prescribed in the Schedule of Fees. The fee for a license of less than 12 months shall be prorated according to the number of months of fraction thereof for which the license is issued.
F. 
"Class B" intoxicating liquor retailer's license. The annual fee for this license shall be as prescribed in the Schedule of Fees. This license may be issued at any time for six months in any calendar year, for which 50% of the applicable license fee shall be paid, but such license shall not be renewable during the calendar year in which issued. The fee for a license of less than 12 months shall be prorated according to the number of months of fraction thereof for which the license is issued.
G. 
Reserve "Class B" intoxicating liquor license. The fee for an initial issuance of a reserve "Class B" license shall be as prescribed in the Schedule of Fees, except that the fee for the initial issuance of a reserve "Class B" license to a bona fide club or lodge situated and incorporated in the state for at least six years is the fee established in § 163-5G for such a club or lodge. The annual fee for renewal of a reserve "Class B" license is the fee established in § 163-5G.
H. 
"Class C" wine license. The annual fee for this license shall be as prescribed in the Schedule of Fees. The fee for less than one year shall be prorated.
A. 
Contents.
(1) 
Filing of applications. 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 as provided by §§ 887.01 to 887.03, Wis. Stats., and shall be filed with the City Administrator/Clerk-Treasurer pursuant to Subsection A(2) below prior to the granting of such license. 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) 
Filing time requirements.
(a) 
All license applications, except temporary Class "B" fermented malt beverage or wine licenses lasting under four days, must be filed with the City Administrator/Clerk-Treasurer at least 15 days prior to the date of the review meeting of the Council.
(b) 
Per §§ 125.26(1) and 125.51(1)(a), Wis. Stats., the City of Amery delegates authority to issue picnic beer and wine licenses to the City Deputy Clerk-Treasurer in their absence.
[Amended 1-4-2012 by Ord. No. 2-2012; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Corporations. Such application shall be filed and sworn to by the applicant if an individual, or by the president or secretary if a corporation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Publication. The City Administrator/Clerk-Treasurer shall publish each application for a Class "A," Class "B," "Class A," "Class B" or "Class C" license. There is no publication requirement for temporary Class "B" picnic beer licenses under § 125.26, Wis. Stats., or temporary "Class B" picnic wine licenses under § 125.51(10), Wis. Stats. The application shall be published once in the official City newspaper, and the costs of publication shall be paid by the applicant at the time the application is filed, as determined under § 985.08, Wis. Stats.
D. 
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.
E. 
License quotas. The number of persons and places that may be granted a retail Class "B" liquor license under this article is limited as provided in § 125.51(4), Wis. Stats.
A. 
Residence requirements. A retail Class "A" or Class "B" fermented malt beverage or "Class A" or "Class B" intoxicating liquor license shall be granted only to persons who are citizens of the United States and who have been residents of the State of Wisconsin continuously for at least 90 days prior to the date of the application.
B. 
Applicant to have malt beverage license. No retail "Class B" intoxicating 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. 
Right to premises. No applicant will be considered unless he/she has the right to possession of the premises described in the application for the license period, by lease or by deed.
D. 
Age of applicant. Licenses related to alcoholic beverages shall only be granted to persons who have attained the legal drinking age, except that an operator's license may be issued to a person who has attained the age of 18 as authorized by § 125.04(5)(d), Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E. 
Corporate restrictions.
(1) 
No license or permit may be issued to any corporation unless the corporation meets the qualifications under § 125.04(5)(a)1 and 4 and (b), Wis. Stats., unless the agent of the corporation appointed under § 125.04(6), Wis. Stats., and the officers and directors of the corporation meet the qualifications of § 125.04(5)(a)1 and 3 and (b), Wis. Stats., and unless the agent of the corporation appointed under § 125.04(6), Wis. Stats., meets the qualification under § 125.04(5)(a)2, Wis. Stats. The requirement that the corporation meet the qualifications under § 125.04(5)(a)1 and (b), Wis. Stats., does not apply if the corporation has terminated its relationship with all of the individuals whose actions directly contributed to the conviction.
(2) 
The City may require that each corporate applicant file with its application for such license a statement by its officers showing the names and addresses of the persons who are stockholders together with the amount of stock held by such person or persons. It shall be the duty of each corporate applicant and licensee to file with the City Administrator/Clerk-Treasurer a statement of transfers of stock within 48 hours after such transfer of stock.
(3) 
Any license issued to a corporation may be revoked in the manner and under the procedure established in § 125.12, Wis. Stats., when more than 50% of the stock interest, legal or beneficial, in such corporation is held by any person or persons not eligible for a license under this article or under the state law.
F. 
Sales tax qualification. All applicants for retail licenses shall provide proof, as required by § 77.61(11), Wis. Stats., that they are in good standing for sales tax purposes (i.e., hold a seller's permit) before they may be issued a license.
G. 
Connecting premises. Except in the case of hotels, no person may hold both a "Class A" license and either a "Class B" license or permit, a Class "B" license or permit, or a "Class C" license for the same premises or for connecting premises. Except for hotels, if either type of license or permit is issued for the same or connecting premises already covered by the other type of license or permit, the license or permit last issued is void. If both licenses or permits are issued simultaneously, both are void.
H. 
Limitations on other business; Class "B" premises. No Class "B" license or permit may be granted for any premises where any other business is conducted in connection with the premises, except that this restriction does not apply if the premises for which the Class "B" license or permit is issued is connected to the premises where other business is conducted by a secondary doorway that serves as a safety exit and is not the primary entrance to the Class "B" premises. No other business may be conducted on premises operating under a Class "B" license or permit. These restrictions do not apply to any of the following:
(1) 
A hotel.
(2) 
A restaurant, whether or not it is a part of or located in any mercantile establishment.
(3) 
A combination grocery store and tavern.
(4) 
A combination sporting goods store and tavern in towns, villages, and fourth class cities.
(5) 
A combination novelty store and tavern.
(6) 
A bowling alley or recreation premises.
(7) 
A club, society or lodge that has been in existence for six months or more prior to the date of filing application for the Class "B" license or permit.
(8) 
A movie theater.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(9) 
A painting studio.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(10) 
Premises for which a temporary Class "B" license is issued under § 125.26(6), Wis. Stats., if the license is one of multiple licenses issued by the municipality to the same licensee for the same date and times, the licensee is the sponsor of an event held at multiple locations within the municipality on this date and at these times, and an admission fee is charged for participation in the event and no additional fee is charged for service of alcohol at the event.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
I. 
Separate license required for each place of sale. A separate license shall be required for each stand, place, room or enclosure or for each suite of rooms or enclosures which are in a direct connection or communication where intoxicating liquor or fermented malt beverages are kept, sold or offered for sale, and no license shall be issued to any person, firm, partnership, corporation or association for the purpose of possession, selling or offering for sale any intoxicating liquors or fermented malt beverages in any dwelling house, flat or residential apartment.
The City Administrator/Clerk-Treasurer shall notify the Chief of Police, Fire Inspector and Building Inspector of each new 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, and whether the applicant is a proper recipient of a license. These officials shall furnish to the City Administrator/Clerk-Treasurer, in writing, who shall forward to the City Council, 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. 
No license shall be granted for operation on any premises for which taxes, assessments, forfeitures or other financial claims of the City are delinquent and unpaid.
B. 
No 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 and Consumer Protection and local Board of Health, applicable to restaurants. The premises 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Consideration for the granting or denial of a license will be based on:
(1) 
Arrest and conviction record of the applicant, subject to the limitations imposed by §§ 111.321, 111.322, and 111.335, Wis. Stats.;
(2) 
The financial responsibility of the applicant;
(3) 
The appropriateness of the location and the premises where the licensed business is to be conducted; and
(4) 
Generally, the applicant's fitness for the trust to be reposed.
D. 
An application may be denied based upon the applicant's arrest and conviction record if the applicant has been convicted of a felony (unless duly pardoned) or if the applicant has habitually been a law offender. For purposes of this licensing procedure, "habitually been a law offender" is generally considered to be an arrest or conviction of at least two offenses which are substantially related to the licensed activity within the five years immediately preceding the license application. Because a license is a privilege, the issuance of which is a right granted solely to the City Council, the City Council reserves the right to consider the severity, and facts and circumstances of the offense when making the determination to grant, deny or not renew a license. Further, the Council, at its discretion, may, based upon an arrest or conviction record of two or more offenses which are substantially related to the licensed activity within the five years immediately preceding, act to suspend such license for a period of one year or more.
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 Administrator/Clerk-Treasurer shall issue to the applicant a license, upon payment by the applicant of the license fee to the City.
B. 
If the City Council denies the license, the applicant shall be notified in writing, by certified mail or personal service, of the reasons for the denial. The notice shall also inform the applicant of the opportunity to appear before the City Council and to provide evidence as to why the denial should be reversed. In addition, the notice shall inform the applicant that the reconsideration of the application shall be held in closed session, pursuant to § 19.85(1)(b), Wis. Stats., unless the applicant requests such reconsideration be held in open session and the City Council consents to the request. Such written notice shall be mailed or served upon the applicant at least 10 days prior to the City Council meeting at which the application is to be reconsidered.
A. 
Procedure. In accordance with the provisions of § 125.04(12), Wis. Stats., a license shall be transferable from one premises to another if such transfer is first approved by the City Council. An application for transfer shall be made on a form furnished by the City Administrator/Clerk-Treasurer. Transfers shall be authorized only for the purpose described in § 125.04(12)(a) and (b), Wis. Stats., or in the event that the place or premises so licensed is permanently changed to another location within the City. Proceedings for such transfer shall be had in the same form and manner as the original application. The fee for such transfer shall be as prescribed by § 125.04(12), Wis. Stats. Whenever a license is transferred, the City Administrator/Clerk-Treasurer shall forthwith notify the Wisconsin Department of Revenue of such transfer. In the event of the sale of a business or business premises of the licensee, the purchaser of such business or business premises must apply to the City for reissuance of said license and the City, as the licensing authority, shall in no way be bound to reissue said license to said subsequent purchaser.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Change of agent. Whenever the agent of a corporate holder of a license is for any reason replaced, the licensee shall give the City Administrator/Clerk-Treasurer 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 City Administrator/Clerk-Treasurer of notice of disapproval of the successor agent by the Wisconsin Department of Revenue 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.
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 and the name of the licensee. The City Administrator/Clerk-Treasurer shall submit to the State of Wisconsin the list of licenses as required by § 125.04(4), Wis. Stats.
A. 
Every person licensed in accordance with the provisions of this article 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.
All retail Class "A," Class "B," "Class A" and "Class B" or "Class C" licenses granted hereunder shall be granted subject to the following conditions, and all other conditions of this article, and subject to all other ordinances and regulations of the City applicable thereto:
A. 
Consent to entry. Every applicant procuring a license thereby consents to the entry of police or other duly authorized representatives of the City at all reasonable hours for the purpose of inspection and search, and consents to the removal from said premises of all things and articles there had in violation of City ordinances or state laws, and consents to the introduction of such things and articles in evidence in any prosecution that may be brought for such offenses.
B. 
Employment of minors. No retail "Class A" or Class "B" licensees shall employ any underage person as defined in the Wisconsin Statutes, but this shall not apply to hotels, drugstores, restaurants, grocery stores, bowling centers, service stations, and other facilities as enumerated in § 125.07(3), Wis. Stats. Family members may work on the licensed premises but are not permitted to sell or dispense alcoholic beverages.
C. 
Disorderly conduct prohibited. 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.
D. 
Licensed operator on premises. See § 163-21A.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E. 
Health and sanitation regulations. The rules and regulations of the State Department of Agriculture and Consumer Protection, governing sanitation in restaurants, shall apply to all "Class B" liquor licenses issued under this article. No "Class B" or "Class C" license shall be issued unless the premises to be licensed conforms to such rules and regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
F. 
Restrictions near schools and churches. No retail Class "A," Class "B," "Class A" or "Class 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, unless this restriction is waived by majority vote of the City Council. 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 on June 30, 1947, nor shall it apply to any premises licensed as such prior to the occupation of real property within 300 feet thereof by any school building, hospital building or church building. However, § 125.68(3)(c), Wis. Stats., exempts a restaurant within 300 feet of a church where the sale of alcoholic beverages is less than 50% of the gross receipts.
G. 
Clubs. No club shall give away any intoxicating liquors.
H. 
Gambling prohibited. Except as authorized by state law, no gambling or game of chance of any sort shall be permitted in any form upon any premises licensed under this article or the laws of the State of Wisconsin.
I. 
Credit prohibited. No retail Class "A," Class "B," "Class A," "Class B," or "Class C" liquor, wine, or fermented malt beverage licensee shall sell or offer for sale any alcoholic beverage to any person or persons by extending credit, except hotel credit extended to a resident guest or a club to a bona fide member. It shall be unlawful for such licensee or permittee to sell alcoholic beverages to any person on a passbook or store order or to receive from any person any goods, wares, merchandise or other articles in exchange for alcoholic beverages.
J. 
Licensee or permittee responsible for acts of help. A violation of this article by a duly authorized agent or employee of a licensee or permittee under this article shall constitute a violation by the licensee or permittee. Whenever any licensee or permittee under this article shall violate any portion of this article, proceedings for the suspension or revocation of the license or permit of the holder thereof may be instituted in the manner prescribed in this article.
[Amended 1-4-2012 by Ord. No. 2-2012; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Closing hours shall be established in conformance with §§ 125.32(3) and 125.68(4), Wis. Stats., and further restricted as follows:
A. 
Class "B" licenses.
(1) 
No premises for which a retail "Class B" liquor, Class "B" fermented malt beverage, or "Class C" wine license has been issued shall be permitted to remain open for the sale of liquor or fermented malt beverages or for any other purpose between the hours of 2:00 a.m. and 6:00 a.m., Monday through Friday, and 2:30 a.m. and 6:00 a.m., Saturday and Sunday. There shall be no closing hours on January 1.
(2) 
Hotels and restaurants, the principal business of which is the furnishing of food and lodging to patrons, bowling centers, movie theaters, painting studios, indoor golf and baseball facilities, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses, may remain open for the conduct of their regular business but shall not sell liquor or malt beverages during the closing hours of Subsection A(1) above.
(3) 
The licensee or permittee and one employee shall be permitted to check out receipts, check the licensed premises for security and do minor cleaning. Under no circumstances shall the consumption of alcoholic beverages be permitted after closing hours. Commercial janitorial service personnel shall be allowed to enter the licensed premises for the purpose of cleaning during closed hours. The premises shall be well lighted during cleanup. Prior approval must be requested and granted by the City Council or its designee for any variance of the above for exigent circumstances.
B. 
Class "A" licenses. Class "A" licensed premises may remain open for the conduct of their regular business daily between the hours of 6:00 a.m. and 9:00 p.m.
C. 
Carry-out hours. Between 9:00 p.m. and 6:00 a.m., no person may sell, remove, carry out or permit to be removed or carried out from any premises having a "Class A" or Class "A" license fermented malt beverages in original unopened packages, containers or bottles or for consumption away from the premises. Class "B" and "Class B" may offer carry-out sales until 12:00 midnight.
It shall be unlawful for any person or organization on a temporary basis to sell or offer to sell any alcoholic beverage upon any City-owned property or privately owned property within the City of Amery, except through the issuance of a temporary Class "B" fermented malt beverage license or temporary "Class B" wine license issued by the City Council in accordance with Wisconsin Statutes and as set forth in this section. A temporary Class "B" fermented malt beverage license or temporary "Class B" wine license authorizing the sale and consumption of beer and/or wine on City-owned property or privately owned property may be authorized by the City Council, provided the following requirements are met:
A. 
Compliance with eligibility standards. The organization shall meet the eligibility requirements of a bona fide club, association, lodge or society as set forth in § 125.26(6), Wis. Stats., and shall fully comply with the requirements of this section and § 163-23. Members of an organization which is issued a temporary license and who are issued operator's licenses for the event shall attend a pre-event informational meeting to learn what rules and regulations apply and what the responsibilities of the bartenders and organization will be.
B. 
Posting of signs and licenses. All organizations issued a temporary license shall post in a conspicuous location at the main point of sale and at all remote points of sale a sufficient number of signs stating that no fermented malt beverage shall be served to any underage person without proper identification.
C. 
Permitted cups only. Intoxicants will be sold only in foam or plastic cups.
D. 
Fencing; indoor events.
(1) 
If necessary due to the physical characteristics of the site, the City Council may require that organizations install a double fence around the main point of sale to control ingress and egress and continually station a licensed operator, security guard or other competent person at the entrance for the purpose of checking age identification. Where possible, there shall be only one point of ingress and egress. When required, the double fence shall be a minimum of four feet high and a minimum of six feet between fences.
(2) 
When the event sponsored by the requesting organization is to take place on City park property, the organization shall work closely with City officials in locating and setting up the fenced area. City officials shall work with the requesting organization in identifying the size of the fenced-in area and the exact location. Such information shall be made part of the temporary Class "B" permit application.[1]
[1]
Editor's Note: Original Sec. 7-2-16(d)(3) of the 2004 Code of Ordinances, regarding the requirement for the Chief of Police to work with event organizers in fencing off the event area, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
For indoor events, the structure used must have suitable exits and open spaces to accommodate anticipated attendance. It shall contain adequate sanitary facilities to accommodate the size of the group.
E. 
Underage persons prohibited. No underage persons as defined by the Wisconsin Statutes shall be allowed to assist in the sale of fermented malt beverages or wine at any point of sale, nor shall they be allowed to loiter or linger in the area of any point of sale. This subsection shall not apply to a person holding an operator's license who is 18 years of age or older.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
F. 
Licensed operators requirement. A licensed operator shall be stationed at all points of sales at all times.
G. 
Waiver. The City Council may waive or modify the requirements of this section due to the physical characteristics of the licensed site.
H. 
Insurance. The applicant for a temporary fermented malt beverage or wine license may be required to indemnify, defend and hold the City and its employees and agents harmless against all claims, liability, loss, damage or expense incurred by the City on account of any injury to or death of any person or any damage to property caused by or resulting from the activities for which the license is granted. As evidence of the applicant's ability to perform the conditions of the license, the applicant may be required to furnish a certificate of comprehensive general liability insurance with the City of Amery. The applicant may be required to furnish a performance bond prior to being granted the license.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
I. 
Beer and liquor not to be carried in. No person shall bring fermented malt beverages or intoxicating liquor in any form of a container with him/her, or in his/her automobile, to any public function within the City of Amery for his/her own consumption, or consumption of others, except only under permission of the City Council granted for such function. The term public function shall be construed to mean any function that is open to the general public for an admission charge or without admission charge upon any premises in the City.
A. 
Procedure. Whenever the holder of any license under this article violates any portion of this article or Article II, Offenses, of this chapter, proceedings for the revocation of such license may be instituted in the manner and under the procedure established by this section.
B. 
Abandonment of premises. Any licensee holding a license to sell alcoholic beverages who abandons such business shall forfeit any right or preference he/she may have to the holding of or renewal of such license. In this section "abandoned" shall mean a continuing refusal or failure of the licensee to use the license for the purpose or purposes for which the license was granted by the City Council for a period of 90 days or more. Abandonment shall be sufficient grounds for revocation of any alcoholic beverage license. The closing of the licensed premises for at least 90 days shall be prima facie evidence of the abandonment, unless extended by the City Council for up to six months or used occasionally by a business providing on-premises catering or special event facilities. All persons issued a license to sell alcoholic beverages in the City for which a quota exists limiting the number of such licenses that may be issued by the City shall cause such business described in such license to be operated on the premises described in such license for at least 150 days during the terms of such license, unless such license is issued for a term of less than 180 days, in which event this subsection shall not apply.
[Amended 3-9-2016]
C. 
License revocation or suspension. License revocation or suspension procedures shall be as prescribed by Ch. 125, Wis. Stats.
D. 
Point system.
(1) 
In order to form a basis for suspension, revocation, nonissuance, or nonrenewal, the following demerit system is hereby established to identify habitually troublesome license holders who have repeatedly violated state statutes or City ordinances, or the similar ordinances of any other Wisconsin jurisdiction issuing licenses pursuant to Ch. 125, Wis. Stats., for the purpose of recommending suspension, revocation, nonissuance, or nonrenewal of license to the City Council, and appropriate action thereby. Demerit points shall be assessed against the license record of any license applicant or license issued by the City of Amery irrespective of the location of such violation according to the following schedule:
Violation
Point Value
Sale of alcoholic beverage without license
100
Sale of alcoholic beverage to underage person
50
Sale of alcoholic beverage to intoxicated person
50
Underage person on premises
50
Intoxicated bartender
50
After-hours consumption
50
Refusal to allow police to search premises or refusal to cooperate with lawful police investigation
50
Licensee, agent or operator to be on premises at all times
25
On premises after closing hours
25
No carry-out, restricted to appropriate hours
25
Permit person to leave licensed premises with open alcoholic beverage
25
All other violations of Ch. 125, Wis. Stats., the Amery Municipal Code, or corresponding ordinance of any other Wisconsin alcoholic beverage licensing jurisdiction
25
(2) 
The Finance Committee of the City Council may call before it for purposes of a revocation or suspension hearing all licensees who have accumulated 100 points in a twelve-month period as a result of court imposed convictions or who have had referred to it reports from the City Attorney which, if believed, would result in 100 demerit points in 12 months.
(a) 
If the demerit point accumulation, calculated from the date of violation, exceeds 100 points in a twelve-month period, 150 points in a twenty-four-month period or 200 points in a thirty-six-month period, the suspension shall be for not less than 10 days nor more than 90. If the license(s) is revoked, no other license shall be granted to such licensee or for such premises for a period of 12 months from the date of revocation.
(b) 
The procedure to be used for suspension or revocation shall be that found in Subsection C above.
The presence of underage persons on a licensed premises as provided under § 125.07(3)(a)10, Wis. Stats., shall be subject to the following:
A. 
The licensee or agent of a corporate licensee shall notify the Police Department at least 48 hours in advance of the date of any event at which underage persons will be present on the licensed premises. Each such nonalcohol event notice shall specify the date(s) on which the event is to occur and the time(s) of commencement. All notices shall be filed with the Police Department during normal working hours (8:00 a.m. to 4:00 p.m., Monday through Friday) and shall be given on forms prescribed by the Department. After a nonalcohol event notice has been given, the licensee may cancel an event(s) only by giving like notice to the Department in accordance with the provisions of this subsection. Regardless of the date given, all notices shall expire and be deemed canceled no later than the date of expiration or revocation of the applicable retail Class "B" or "Class B" license.
B. 
During the period of any nonalcohol event a notice card prescribed by the Police Department shall be posted at all public entrances to the licensed premises notifying the general public that no alcoholic beverages may be consumed, sold or given away on or carried into the licensed premises during the event. Such notice cards shall be made available by the Department to a requesting licensee.
C. 
Once a nonalcohol event has commenced, no alcoholic beverages may be consumed, sold or given away on or carried into the licensed premises until the next day following the closing hours of the licensed premises.
D. 
During the period of any non-alcohol event all alcoholic beverages shall be stored in a locked portion of the licensed premises in a secure place out of the sight and physical reach of any patron present and shall be under the direct and immediate control and supervision of the licensee or a licensed bartender in the employ of the licensee. All beer taps and automatic dispensers of alcoholic beverages ("speed guns") shall be either disconnected, disabled or made inoperable.
A. 
Purpose. The City Council finds that restrictions are necessary for outdoor beer gardens and sports activities at premises holding "Class B" and Class "B" liquor and fermented malt beverages licenses due to concerns arising from noise, density and related problems. This section enacted pursuant to police power provides a framework for regulatory controls on such outdoor sports and beer garden activities.
B. 
Approval required.
(1) 
Generally. No licensee shall conduct or sponsor any outdoor sports activity or event or beer garden on property forming any part of the real property on which the licensed premises exist without the prior approval of the City Council.
(2) 
Permit required for beer garden outdoor consumption. No licensee shall permit the consumption of alcoholic beverages on any part of the licensed premises not enclosed within the building, except under a beer garden permit granted by the City Council. 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 or shall otherwise expire on June 30 of each year. No person shall consume or have in his or her possession alcoholic beverages on any unenclosed part of a licensed premises which is not described in a valid beer garden permit.
C. 
Application. If a licensee shall conduct or sponsor any outdoor sports activity or event or beer garden on the licensee's property, the licensee shall file an application with the City Administrator/Clerk-Treasurer setting forth the following information:
(1) 
The name, address and telephone number of the person or persons who will be responsible for the actual conduct of the activity or event;
(2) 
The date and duration of time for the proposed activity or event;
(3) 
An accurate description of that portion of the licensee's property proposed to be used;
(4) 
A good faith estimate of the number of users, participants and spectators for the beer garden or proposed activity or event; and
(5) 
The licensee's plan for maintaining the cleanliness of the licensed area.
D. 
Time for filing. The licensee shall file the application not less than 48 hours before the date of the proposed activity or event. The City Council may waive the forty-eight-hour time limit upon a licensee's showing of exigent circumstances. The application shall be accompanied by payment of a fee as prescribed in the Schedule of Fees for review of the application. The applicant may request that an annual permit be issued for the beer garden or outdoor sports activities.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E. 
Review. The City Council shall review the applications in light of the standards of this section. If the nature of the property or the event requires the imposition of additional regulations, the City Council may impose these regulations upon an express finding detailing the reasons for additional regulation. All property owners within 150 feet of the proposed beer garden or outside sports facility shall be notified of the pendency of application for a permit by first-class mail.
F. 
Outdoor sports activity standards. The following standards shall apply to any outdoor sports activity regulated under this section:
(1) 
Approval of an application shall not act to permit outdoor consumption of alcoholic beverages on the property beyond the area specifically licensed.
(2) 
If the estimated number of participants and spectators shall bring the number of persons on the property above the number for which licensed premises' rest room facilities are rated adequate, the licensee shall provide a number of portable temporary rest rooms sufficient to serve the estimated number of persons.
(3) 
The City Council shall not grant approval to any applicant whose property on which the activity or event is proposed is adjacent to any property zoned residential or on which a residential use exists as a nonconforming use, or within 50 feet of any property zoned residential or on which a residential use exists as a nonconforming use. Fencing may be required.
(4) 
The applicant shall provide parking adequate for the proposed activity or event, whether on site or through agreements with property owners shown to the City Council's satisfaction to permit their property to be used for parking for the proposed activity or event.
(5) 
The applicant shall show the City Council plans adequate to provide reasonable access to participants and spectators for the event, and to limit access for all other persons.
(6) 
The licensee shall clean up all garbage and debris relating to the activity or event at least once per 24 hours during the activity or event.
(7) 
The licensee shall not permit the noise level of the sports activity or event to exceed 75 dB, measured at any border of the licensee's real property.
G. 
Limitations on issuance of beer garden permits.
(1) 
No permit shall be issued for a beer garden if any part of the beer garden is within 100 feet of a structure used for residential purposes, except residential uses located in the same structure as the licensed premises.
(2) 
No permit shall be issued for a beer garden if the beer garden area is greater than 50% of the gross floor area of the adjoining licensed premises. Each applicant for a beer garden permit shall accurately describe the area intended for use as a beer garden and shall indicate the nature of fencing or other measures intended to provide control over the operation of the beer garden.
(3) 
Every beer garden shall be completely enclosed with a fence or wall not less than six feet in height.
(4) 
No amplified sound or music is permitted outside the enclosed (building) premises. Dancing or amplified sound or music is not permitted in the beer garden.
(5) 
There shall be a licensed operator with the beer garden at all times the beer garden is in operation.
(6) 
The only entrance to the outdoor portion of the licensed premises shall be solely through the entrance to the principal tavern, restaurant or other described portion of the licensed premises located in a building or structure.
H. 
State statutes enforced within beer garden. 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., shall be grounds for immediate revocation of the outdoor sports activity or beer garden permit by the City Council.
I. 
Violations. Failure of the licensee to comply with any of the provisions of this section shall be grounds for suspension, nonrenewal or revocation of the licensee's alcoholic beverage license or licenses.[1]
[1]
Editor's Note: Original Sec. 7-2-20 of the 2004 Code of Ordinances, Nude dancing in licensed establishments prohibited, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See Ch. 154, Adult Entertainment and Establishments.
[Amended 2-3-2021 by Ord. No. 1-2021; 5-4-2022 by Ord. No. 01-2022]
A. 
Operator's license required.
(1) 
Operator's licenses; Class "A", Class "B" or "Class C" premises. The City Council shall issue an operator's license to any applicant who is qualified under § 125.04(5), Wis. Stats. Operators' licenses may not be required other than for the purpose of complying with §§ 125.32(2) and 125.68(2) or § 125.06(3g), Wis. Stats.
B. 
Procedure upon application.
(1) 
The City Council may issue an operator's license, which license shall be granted only upon application, in writing, on forms to be obtained from the Clerk-Treasurer or Deputy Clerk only to persons 18 years of age or older. Operator's licenses shall be operative only within the limits of the City.
(2) 
When directed by the Clerk-Treasurer, all applications may be subject to an investigation by the Chief of Police and/or other appropriate authority to determine whether the applicant to be licensed complies with all regulations, ordinances and laws applicable thereto. If so directed by the Clerk Treasurer, the Police Department shall conduct an investigation of the applicant including, but not limited to, requesting information from the state, surrounding municipalities, and/or any community where the applicant has previously resided concerning the applicant's arrest and conviction record. Based upon such investigation, the Chief of Police shall recommend, in writing, to the Clerk-Treasurer, a minimum of 48 hours for approval or denial of the application. If the Chief of Police recommends denial, the Chief of Police shall provide, in writing, the reasons for such recommendation.
C. 
Duration. Standard operator's licenses issued under the provisions of this article shall be valid for a period of one year and shall expire on the 30th day of June.
D. 
Operator's license fee; provisional license; temporary license.
(1) 
Fee. The fee for a standard operator's license shall be as prescribed in the Schedule of Fees. The fee for a provisional operator's license shall be as prescribed in the Schedule of Fees.
(2) 
Provisional license. The Clerk-Treasurer or Deputy Clerk, may issue provisional operator's licenses in accordance with § 125.17(5), Wis. Stats. The provisional operator's license shall expire 60 days after its issuance or when an operator's license is issued to the holder, whichever is sooner. The Clerk-Treasurer or Deputy Clerk may, upon receiving an application for a temporary provisional license, issue such a license without requiring the successful completion of the approved program as described herein. However, such temporary license shall be used only for the purpose of allowing such applicant the privilege of being licensed as a beverage operator pending his/her successful completion of the approved program. A provisional license may not be issued to any person who has been denied an operator's license by the City or who has had his/her operator's license revoked or suspended within the preceding 12 months. The Clerk-Treasurer or Deputy Clerk, shall provide an appropriate application form to be completed in full by the applicant. The investigation procedures of § 163-21B shall be followed. The Clerk-Treasurer may revoke the provisional license issued if he/she discovers that the holder of the license made a false statement on the application. Following completion of the responsible beverage server training course and notification from the school, the license application will be retained by the Clerk-Treasurer or Deputy Clerk, with the appropriate fee as prescribed in Subsection D(1) above for an operator's license. If approved by the Clerk-Treasurer or Deputy Clerk, the operator's license is issued.
E. 
Issuance or denial of operator's licenses.
(1) 
After the Clerk-Treasurer approves the application for an operator's license, the Clerk-Treasurer or Deputy Clerk shall issue the license. Such licenses shall be issued and numbered in the order they are granted and shall give the applicant's name and address and the date of the expiration of such license.
(2) 
Denial.
(a) 
If the application is denied, the Clerk-Treasurer or Deputy Clerk, shall, in writing, inform the applicant of the denial, the reasons therefor, and of the opportunity to request a reconsideration of the application by the City Council in a closed session. Such notice must be sent by registered mail to, or served upon, the applicant at least 10 days prior to the Council's review of the matter. At such reconsideration hearing, the applicant may present evidence and testimony as to why the license should be granted.
(b) 
If, upon reconsideration, the Council denies the application, the Clerk-Treasurer or Deputy Clerk shall notify the applicant, in writing, of the reasons therefor. An applicant who is denied any license upon reconsideration of the matter may apply to Circuit Court pursuant to § 125.12(2)(d), Wis. Stats., for review.
(3) 
Considerations.
(a) 
Consideration for the granting or denial of a license will be based on:
[1] 
Arrest and conviction record of the applicant, subject to the limitations imposed by §§ 111.321, 111.322, and 111.335, Wis. Stats.;
[2] 
The financial responsibility of the applicant; and
[3] 
Generally, the applicant's fitness for the trust to be reposed.
(b) 
If a licensee is convicted of an offense substantially related to the licensed activity, the City Council may act to revoke or suspend the license.
(4) 
An application may be denied based upon the applicant's arrest and conviction record if the applicant has been convicted of a felony (unless duly pardoned) or if the applicant has habitually been a law offender. For purposes of this licensing procedure, "habitually been a law offender" is generally considered to be an arrest or conviction of at least two offenses which are substantially related to the licensed activity within the five years immediately preceding the license application. Because a license is a privilege, the issuance of which is a right granted solely to the City Council, the City Council reserves the right to consider the severity, and facts and circumstances of the offense when making the determination to grant, deny or not renew a license. Further, the City Council, at its discretion, may, based upon an arrest or conviction record of two or more offenses which are substantially related to the licensed activity within the five years immediately preceding, act to suspend such license for a period of one year or more.
F. 
Training course.
(1) 
Except as provided in Subsection F(2) below, the Clerk-Treasurer or Deputy Clerk may not issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course, which may include computer-based training and testing, that is approved by the Department of Revenue or the Department of Safety and Professional Services, or unless the applicant fulfills one of the following requirements:
(a) 
The person is renewing an operator's license.
(b) 
Within the past two years, the person held a Class "A," Class "B," "Class A," "Class B," or "Class C" license or permit or a manager's or operator's license.
(c) 
Within the past two years, the person has completed such a training course.
(2) 
The Clerk-Treasurer or Deputy Clerk may issue a provisional operator's license to a person who is enrolled in a training course under Subsection F(1) above and shall revoke that license if the applicant fails successfully to complete the course in which he or she enrolls.
(3) 
The Clerk-Treasurer or Deputy Clerk may not require that applicants for operators' licenses undergo training in addition to that under Subsection F(1), but may require applicants to purchase, at cost, materials that deal with relevant local subjects not covered in the course under Subsection F(1).
G. 
Display of license. Each license issued under the provisions of this article shall be posted on the premises whenever the operator dispenses beverages or be in his/her possession, or the licensee shall carry a license card.
H. 
Revocation of operator's license. Violation of any of the terms or provisions of the state law or of this article relating to operator's licenses by any person holding such operator's license shall be cause for revocation of the license.
[Amended 5-4-2022 by Ord. No. 01-2022]
A. 
Forfeitures for violations of §§ 125.07(1) to (5) and 125.09(2), Wis. Stats., adopted by reference in § 163-1 of this article, shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable state statute, including any variations or increases for subsequent offenses.
B. 
Any person who shall violate any provision of this article, except as otherwise provided in Subsection A herein, or who shall conduct any activity or make any sale for which a license is required without a license shall be subject to a forfeiture as provided in § 1-5 of the Code of the City of Amery.
C. 
Nothing herein shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the Wisconsin Statutes.
[Adopted 10-6-2004 as Title 11, Ch. 4, of the 2004 Code]
A. 
Alcoholic beverages in public areas and parks.
(1) 
Regulations.
(a) 
It shall be unlawful for any person to sell, serve or give away, or offer to sell, serve or give away, any alcoholic beverage upon any public street, sidewalk, alley, public parking lot, highway, municipal building, library, cemetery or drives or other public area within the City of Amery or on private property without the owner's consent, except at licensed premises.
(b) 
It shall be unlawful for any person to consume or have in his/her possession any open container containing alcoholic beverage upon any public street, public sidewalk, public way, municipal building, library, public alley or public parking lot within the City of Amery.
(c) 
It shall be unlawful for any person to consume or have in their possession any alcoholic beverage in any City park, except in:
[1] 
The pavilion and picnic area of North Park.
[2] 
The pavilion of Michael Riverfront Park.
[3] 
The tournament area at Soldiers Field.
[4] 
The pavilion, when erected, at York Park.
(2) 
Private property held out for public use. It shall be unlawful for any person to consume any alcoholic beverages upon any private property held open for public use within the City unless the property is specifically named as being part of a licensed premises.
(3) 
Exceptions.
(a) 
The provisions of this section may be waived by the City Council for duly authorized events.
(b) 
This section shall not apply to any organization which has been issued a temporary fermented malt beverage and/or temporary wine license for a designated area and event pursuant to Article I of this chapter, provided that the provisions of this article and Article I, Licensing, of this chapter, are fully complied with.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Includes all ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated, proprietary, patented, or not, and by whatever name called, as well as all liquors and liquids made by the alcoholic fermentation of an infusion in potable water of barley malt and hops, with or without unmalted grains or decorticated or degerminated grains or sugar, which contain 1/2 of 1% or more of alcohol by volume and which are fit for use for beverage purposes.
PUBLIC AREA
Shall be construed to mean any location within the City which is open to access to persons not requiring specific permission of the owner to be at such location including all parking lots serving commercial establishments.
UNDERAGE PERSON
Any person under the legal drinking age as defined by the Wisconsin Statutes.[1]
[1]
Editor's Note: The following original sections of the 2004 Code of Ordinances: Sec. 11-4-2, Sale to Underage or Intoxicated Persons Restricted; Sec. 11-4-3, Underage Persons' Presence in Places of Sale; Penalty; Sec. 11-4-4, Underage Persons; Prohibitions; Penalties; Sec. 11-4-5, Defense of Sellers; Sec. 11-4-6, Persons Who Have Attained the Legal Drinking Age; False or Altered Identification Cards; Sec. 11-4-7, Possession of Alcohol Beverages on School Grounds; Sec. 11-4-8, Adult Permitting or Encouraging Underage Violation; and Sec. 11-4-9, Solicitation of Drinks Prohibited, which immediately followed this definition, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).