[HISTORY: Adopted by the Common Council of the City of Park Falls as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 7, Ch. 2, of the 1997 Code]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Statutes adopted. Except as otherwise specifically provided in this code, the statutory provisions in Chapter 125 of the Wisconsin Statutes, 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 amendment, revisions or modifications of the statutes incorporated herein are intended to be made a part of this article in order to secure uniform statewide regulations of alcoholic beverage control.
As used in this article, the terms "alcoholic beverages," "intoxicating liquors," "principal business," "legal drinking age", "premises," "sell," "sold," "sale," "restaurant," "club," "retailer," "person," "fermented malt beverages," and "wholesalers" shall have the meanings given them by Chapter 125, Wisconsin Statutes.
No person, firm or corporation shall 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 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 §§ 125.16, 125.27, 125.28 and 125.51 of the Wisconsin Statutes.
A. 
Retail "Class A" intoxicating liquor license. A retail "Class A" intoxicating liquor license, when issued by the City Clerk or Treasurer under the authority of the Common 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" intoxicating liquor license. A retail "Class B" intoxicating liquor license, when issued by the City Clerk or Treasurer under authority of the Common 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 premise.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Class "A" fermented malt beverage retailer's license. A Class "A" retailer's fermented malt beverage license, when issued by the City Clerk or Treasurer under the authority of the Common 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 may be issued after July first. The license shall expire on the following June 30th.
D. 
Class "B" fermented malt beverage retailer's license.
(1) 
License. A Class "B" fermented malt beverage retailer's license, when issued by the City Clerk or Treasurer under the authority of the Common 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 a percentum of alcohol by volume, without obtaining a special license to sell such beverages. Such license may be issued after July first. The license shall expire on the following June 30th.
(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)]
E. 
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 Common 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 Clerk or Treasurer together with the appropriate license fee for each day 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. The application shall be filed a minimum of 15 days prior to the meeting of the Common 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. The Clerk or Treasurer is authorized to issue such license.
F. 
Temporary "Class B" wine license.
(1) 
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 Clerk or Treasurer together with the appropriate license fee for each day 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. The application shall be filed a minimum of 15 days prior to the meeting of the Common 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. The Clerk or Treasurer is authorized to issue such license.[1]
[1]
Editor's Note: Original Sec. 7-2-4(g), Wholesaler's license, of the 1997 Code, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
License fees. There shall be the following classes of licenses which, when issued by the City Clerk or Treasurer under the authority of the Common 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 § 293-4 of this Code of Ordinances and Chapter 125, Wis. Stats.:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
Class "A" fermented malt beverages retailers license. The annual fee for this license shall be in an amount as set from time to time by the Common Council. 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.
(2) 
Class "B" fermented malt beverage license. The annual fee for this license shall be in an amount as set from time to time by the Common Council. This license mar 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. Club licenses shall be issued for a fee in an amount as set from time to time by the Common Council.
(3) 
Temporary Class "B" fermented malt beverage license. The fee for this license shall be in an amount as set from time to time by the Common Council.
(4) 
Temporary "Class B" wine license. The fee for this license shall be in an amount as set from time to time by the Common Council. 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(a)(5), Fermented malt beverage wholesalers' license, of the 1997 Code, which immediately followed, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(5) 
"Class A" intoxicating liquor retailer's license. The annual fee for this license shall be in an amount as set from time to time by the Common Council.
(6) 
"Class B" intoxicating liquor retailer's license. The annual fee for this license shall be in an amount as set from time to time by the Common Council. 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.
B. 
Cancellation for failure to pay fee. The City Clerk or Treasurer shall issue each license approved by the Common Council and shall make the same available at the City Clerk or Treasurer's office in City Hall. Any licenses for which the license fee is not paid within 15 days of approval of the application by the Common Council shall be returned to the Common Council for cancellation or other disposition.
A. 
Contents. 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 887.04, Wis. Stats., and shall be filed with the City Clerk or Treasurer not less than 15 days 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.
B. 
Corporations. Such application shall be filed and sworn to by the applicant if an individual, by the president or secretary, of a corporation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Publication. The City Clerk or Treasurer shall publish each application for a Class "A," Class "B," "Class A" or "Class B" 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. Retail intoxicating liquor and fermented malt beverage licenses issued by the Common Council shall be limited in number to the quota prescribed by state law. The City may utilize the annual population estimate received from the Wisconsin Department of Administration Demographic Service Center or the Bureau of Census of the United States Government in determining quotas.
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 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(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(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(a)2, Wis. Stats. The requirement that the corporation meet the qualifications under § 125.04(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) 
Each corporate applicant shall 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 Clerk or 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. 
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 Clerk or 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, including those governing sanitation in restaurants, and whether the applicant is a proper recipient of a license. These officials shall furnish to the City Clerk or Treasurer in writing, who shall forward to the Common 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 or with any equipment 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 conform 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 Common Council, the Common 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 Common Council, the City Clerk or Treasurer shall issue to the applicant a license, upon payment by the applicant of the license fee to the City.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
If the Common Council denies the license, the applicant shall be notified in writing, by registered mail or personal service, of the reasons for the denial. The notice shall also inform the applicant of the opportunity to appear before the Common 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 Common Council consents to the request. Such written notice shall be mailed or served upon the applicant at least 10 days prior to the Common Council meeting at which the application is to be reconsidered.
A. 
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 Common Council. An application for transfer shall be made on a form furnished by the City Clerk or Treasurer. 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 Clerk or 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. 
Whenever the agent of a corporate holder of a license is for any reason replaced, the licensee shall give the City Clerk or Treasurer written notice of said replacement, the reasons therefor and the new appointment. Until the next regular meeting or special meeting of the Common 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 Clerk or 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 Common Council until the successor agent or another qualified agent is appointed and approved by the City.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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.
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" 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. 
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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
No person, including a member of the licensee's or permittee’s immediate family, other than the licensee’s or permittee’s agent, may serve fermented malt beverages in any place operated under a Class "A," Class "B" license or permit unless he or she has an operator's license, is at least 18 years of age and is under the immediate supervision of the licensee, permittee, agent or a person holding an operator's license, who is on the premises at the time of the service.
(2) 
No person, including a member of the licensee's or permittee's immediate family, other than the licensee, permittee or agent, may serve or sell alcoholic beverages in any place open under a “Class A” or “Class C” license or under a “Class B” license or permit unless he or she has an operator’s license or is at least 18 years of age and is under the immediate supervision of the licensee, permittee or agent or a person holding an operator's license, who is on the premises at the time of the service.
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. There shall be upon premises operated under a "Class B" or Class "B" license, at all times, the licensee, members of the licensee's immediate family who have attained the legal drinking age, and/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 other manner, any fermented malt beverages to customers. No person other than the licensee shall serve fermented malt beverages in any place operated under a "Class B" or Class "B" license unless he possesses an operator's license, or there is a person with an operator's license upon said premises at the time of such service.
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" license shall be issued unless the premises to be licensed conform 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. 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.
G. 
Clubs. No club shall sell or give away any intoxicating liquors except to bona fide members and guests invited by members.
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" or "Class B" liquor 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, ware, merchandise or other articles in exchange for alcoholic beverages.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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.
K. 
Repeal and effective date. All other ordinances or parts of ordinances of the City inconsistent or conflicting with this article, to the extent of the inconsistency or conflict only, are hereby repealed.
Closing hours shall be established in conformance with § 125.32(3), Wis. Stats., and further restricted as follows:
A. 
Class "B" licenses.
(1) 
No premises for which a retail "Class B" liquor or Class "B" fermented malt beverage 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 1st.
(2) 
Hotels and restaurants, the principal business of which is the furnishing of food or 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Carryout hours.
(1) 
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," Class "A," "Class B," or Class "B" license, intoxicating liquor in original unopened packages, containers or bottles or for consumption away from the premises.
(2) 
Between the hours of midnight 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 for consumption away from the premises.
(3) 
Between midnight 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 B" or "Class "B" license, fermented malt beverages in original unopened packages, containers or bottles for consumption away from the premises.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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 Park Falls, except through the issuance of a temporary Class "B" fermented malt beverage license or temporary "Class B" wine license issued by the Common 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 Common 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 § 293-31. 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. 
Fencing. If necessary due to the physical characteristics of the site, the City 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.
D. 
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)]
E. 
Licensed operators requirement. A licensed operator shall be stationed at all points of sales at all times.
F. 
Waiver. The Common Council may waive or modify the requirements of this section due to the physical characteristics of the licensed site.
G. 
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 permit is granted.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
H. 
Permitted cups or cans only. Intoxicants will be sold outside only in foam or plastic cups or cans.
A. 
Procedure. Whenever the holder of any license under this article violates any portion of this article or Article II 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. 
Cancellation of premised licenses.
(1) 
Grounds for cancellation for nonuse of license. Any Class A or Class B fermented malt and/or intoxicating liquor licenses granted under this article for which the subject premises:
(a) 
Is not open for business within 180 days of the granting of such license; or
(b) 
Is not open for business for a period of 180 consecutive days or more; or
(c) 
Is not open for business at least 50% of the days within any twelve-month period, either within a licensing year or overlapping two licensing years; shall be canceled unless, after notice and hearing as provided in Subsection B(2) hereof, the Common Council shall determine that good cause exists for the failure of the licensee to be open for business for periods in excess of the minimums set forth in this subsection. If such cause is found to exist, the Common Council may set such terms as it deems appropriate to the continuation of the license with respect to minimum days of operation or a time frame within which the subject premises must open for business to avoid cancellation of the subject license(s).
(2) 
Notice and hearing. Prior to cancellation of any license, the City Clerk or Treasurer shall notify the licensee in writing of the City's intention to cancel the license for nonuse and provide the licensee with an opportunity for a hearing. Such notice shall also specify the time, place and date of the hearing, which shall be not less than 15 days after the date of the notice. Such hearing shall be conducted as provided in accordance with § 125.12(2)(b), Wis. Stats., or any amendments thereto.
(3) 
License revocation or suspension. License revocation or suspension procedures shall be as prescribed by Chapter 125, Wis. Stats.
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 5:00 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D. 
During the period of any nonalcohol 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Alcoholic beverages restrictions relating to underage persons shall be in conformance with § 125.07 Wisconsin Statutes. Any violations of this article shall be made known to the Common Council for the granting or denial of alcoholic beverage licenses.
A. 
Restrictions.
(1) 
No person may procure for, sell, dispense or give away any alcoholic beverage to any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.
(2) 
No licensee or permittee may sell, vend, deal or traffic in alcoholic beverages to or with any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.
(3) 
No adult may knowingly permit or fail to take action to prevent the illegal consumption of alcoholic beverages by an underage person on the premises owned by an adult or under the adult's control. This subdivision does not apply to alcoholic beverages used exclusively as part of a religious service.
A. 
Operator's license required.
(1) 
Operator's licenses; Class "A" or Class "B" premises. Except as provided under §§ 125.32(3)(b) and 125.07(3)(a)10, Wis. Stats., no premises operated under a Class "A" or Class "B" license or permit may be open for business unless there is upon the premises the licensee or permittee, the agent named in the license or permit if the licensee or permittee is a corporation, or some person who has an operator's license and who is responsible for the acts of all persons serving any fermented malt beverages to customers. An operator's license issued in respect to a vessel under § 125.27(2), Wis. Stats., is valid outside the municipality that issues it. For the purpose of this section, any person holding a manager's license under § 125.18, Wis. Stats., or any member of the licensee's or permittee's immediate family who has attained the age of 18, shall be considered the holder of an operator's license. No person, including a member of the licensee's or permittee's immediate family, other than the licensee, permittee or agent, may serve fermented malt beverages in any place operated under a Class "A" or Class "B" license or permit unless he or she has an operator's license or is at least 18 years of age and is under the immediate supervision of the licensee, permittee, agent or a person holding an operator's license, who is on the premises at the time of the service.
(2) 
Use by another prohibited.
(a) 
No person may allow another to use his or her Class "A" or Class "B" license or permit to sell alcoholic beverages.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(b) 
The license or permit of a person who violates Subsection B(1) above shall be revoked.
B. 
Procedure upon application.
(1) 
The Common Council may issue an operator's license, which license shall be granted only upon application in writing on forms to be obtained from the City Clerk or Treasurer only to persons 18 years of age or older. Operator's licenses shall be operative only within the limits of the City.
(2) 
All applications are subject to an investigation by the Chief of Police and/or other appropriate authority to determine whether the applicant and/or premises to be licensed complies with all regulations, ordinances and laws applicable thereto. 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 Common Council 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. 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 of each even year.
D. 
Operator's license fee; provisional license.
(1) 
Fee. The annual fee for an operator's license or provisional license shall be $10 for the term or part thereof.
(2) 
Provisional license. The City Clerk or Treasurer 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 City Clerk or Treasurer 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 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 Common Council or who has had his operator's license revoked or suspended within the preceding 12 months. The City Clerk or Treasurer shall provide an appropriate application form to be completed in full by the applicant. The City Clerk or Treasurer may revoke the provisional license issued if he discovers that the holder of the license made a false statement on the application.
E. 
Issuance or denial of operator's licenses.
(1) 
After the Common Council approves the granting of an operator's license, the City Clerk or Treasurer 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) 
Reconsideration.
(a) 
If the application is denied by the Common Council, the City Clerk or Treasurer 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 Common 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 reconsideration 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 Board again denies the application, the City Clerk or Treasurer shall notify the applicant in writing of the reasons therefore. An applicant who is denied any license upon reconsideration of the matter, may apply to the circuit court pursuant to § 125.12(2)(d), Wis. Stats., for review.
(3) 
Criteria for grant or denial of license.
(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;
[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.
(b) 
If a licensee is convicted of an offense substantially related to the licensed activity, the Common Council may act to revoke or suspend the license.
(4) 
An application may be denied based upon the applicants 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 Common Council, the Common 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 Common 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. (NOTE: This section shall take effect July 1, 1991.)
(1) 
Except as provided in Subsection F(1)(b) below, the Common Council 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 vocational, technical and adult education district and that conforms to curriculum guidelines specified by the board of vocational, technical and adult education 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" or "Class B" 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 Common Council 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 Common Council 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 possession, or the licensee shall carry a license card.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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.
I. 
Temporary Class B liquor license.
(1) 
First license required. Any person, persons, group or organization that serves and/or sells any alcoholic beverages while on public property shall obtain a temporary Class B liquor license pursuant to §§ 125.26(6) and 125.07(3)12, Wis. Stats. The aforementioned shall obtain the temporary Class B liquor license by making application with the City Clerk's office prior to the regularly scheduled meeting of the Common Council that is to take place before the event in which alcoholic beverages are to be served upon public property.
(2) 
Security. Any person, persons, group or organization hosting an event in which alcoholic beverages are to be served and/or sold while on public property shall provide security in a manner consistent to enforcing all applicable rules for the consumption of alcoholic beverages. The Public Services Committee shall establish applicable guidelines for security to enforce all applicable rules at the applicant's event, provide the aforementioned rules pertaining to security to the applicant and the applicant shall abide by the aforementioned rules established for security, in addition to all other applicable laws.
A. 
Forfeitures for violations of §§ 125.07(1) through (5) and 125.09(2) of the Wisconsin Statutes, adopted by reference in § 293-1 of the Code of Ordinances of the City of Park Falls, 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 of the Code of Ordinances of the City of Park Falls, 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 the general penalty section of this Code of the City of Park Falls.
C. 
Nothing herein shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the Wisconsin Statutes.
[Adopted as Title 11, Ch. 4, of the 1997 Code]
A. 
Alcoholic beverages in public areas.
(1) 
Regulations. 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, cemetery or drives or other public area within the City or on private property without the owner's consent, except at licensed premises. It shall be unlawful for any person to consume or have in his possession any open container containing alcoholic beverage upon any public street, public sidewalk, public way, public alley or public parking lot within the City except at licensed premises.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3) 
Leaving licensed premises with open container.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(a) 
It shall be unlawful for any licensee, permittee or operator to permit any patron to leave the licensed premises with an open container containing any alcoholic beverage.
(b) 
It shall be unlawful for any patron to leave a licensed premises with an open container containing any alcoholic beverage.
(4) 
Consumption in parks.
(a) 
Consumption of intoxicating liquors in the City Park is prohibited.
(b) 
Consumption of fermented malt beverages in the City Park is permitted between the hours of 10:00 a.m. and 10:00 p.m. only, except that such consumption may be allowed by special permit during restricted hours. Permits shall be obtained from the Common Council.
(5) 
Exceptions.
(a) 
The provisions of this section may be waived by the Common Council for duly authorized events.
(b) 
Any organization which has been issued a special Class "B" fermented malt beverage picnic license pursuant to this Code of Ordinances, provided that the provisions of this article and Article I of this chapter are fully complied with.
B. 
Definitions. As used in this article, 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.
ILLEGAL ALCOHOL CONCENTRATION
An alcohol concentration of greater than 0.00 grams of alcohol in 210 liters of breath or equivalent alcohol concentration in the person's blood or urine.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
PUBLIC AREA
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.
A. 
Underage consumption of alcoholic beverages.
(1) 
An underage person may not possess or consume any alcoholic beverage unless such underage person is accompanied by a parent, guardian, or spouse who has attained the legal drinking age.
(2) 
An underage person may not have an illegal alcohol concentration while they are within the City on either public or private land unless the underage person is accompanied by a parent, guardian or spouse who has attained the legal drinking age.
(3) 
A parent, guardian, or spouse who has attained the legal drinking age and has allowed an underage person under the age of 18 years that is their child, ward or spouse to consume alcohol must accompany the underage person under the age of 18 years until the underage person no longer has an illegal alcohol concentration.
B. 
Rebuttable presumptions.
(1) 
There is a rebuttable presumption that an underage person has an illegal alcohol concentration if an odor of alcohol may be detected upon the underage person's breath and the underage person refuses to submit to a test of their breath.
(2) 
There is a rebuttable presumption that an underage person has an illegal alcohol concentration if the underage person submits to a preliminary breath test (PBT) and the preliminary breath test shows that the underage person's alcohol concentration is greater than 0.00 grams of alcohol in 210 liters of breath.[1]
[1]
Editor's Note: Original Sec. 11-4-2(C), Definitions, of the 1997 Code, which immediately followed, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).