[HISTORY: Adopted by the Common Council of the City of Colby
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-5-1995 as
Title 7, Ch. 2, of the 1995 Code]
The provisions of Ch. 125, Wis. Stats., 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 alcohol beverage control.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
As used in this article, the terms "alcohol beverages," "intoxicating
liquors," "principal business," "legal drinking age," "premises,"
"sell," "sold," "sale," "restaurant," "cider," "Chamber of Commerce,"
"club," "retailer," "person," "fermented malt beverages," "wholesalers"
and "operators" shall have the meanings 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, fermented malt beverage, wine or
intoxicating cider 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.
(1)
Generally. A retail "Class A" intoxicating liquor license, when issued
by the City Clerk-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.
(2)
Customer samples. A "Class A" license authorizes the licensee to
provide, free of charge, to customers and visitors who have attained
the legal drinking age, taste samples of intoxicating liquor other
than wine that are not in original packages or containers and that
do not exceed 0.5 fluid ounce each, for consumption on the "Class
A" premises. No "Class A" licensee may provide more than one such
taste sample per day to any one person. Taste samples may be provided
only between the hours of 11:00 a.m. and 7:00 p.m. Any representative
of a manufacturer, rectifier, winery or out-of-state shipper issued
a permit under § 125.52, 125.53 or 125.58, Wis. Stats.,
may assist the "Class A" licensee in dispensing or serving the taste
samples. No "Class A" licensee may provide as taste samples under
this subsection intoxicating liquor other than wine that the "Class
A" licensee did not purchase from a wholesaler.
B.
Retail "Class A" intoxicating liquor license - cider only. A "Class A" intoxicating liquor license issued under this subsection shall entitle the holder to sell, deal and traffic in cider only, and only in original packages or containers and to be consumed off the premises so licensed. A retail "Class A" intoxicating liquor license for cider only shall be granted to an applicant who holds a Class "A" fermented malt beverage retailer's license issued under § 125.25, Wis. Stats., or under Subsection E of this section, for the same premises for which the "Class A" license application is made.
C.
Retail "Class B" intoxicating liquor license. A retail "Class B"
intoxicating liquor license, when issued by the City Clerk-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 premises. Per
§ 125.51(3), Wis. Stats., a "Class B" intoxicating liquor
license can only be issued to a holder of a Class "B" fermented malt
beverage license.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Reserve "Class B" licenses. A reserve "Class B" license means a license
that is not granted or issued by the City of Colby 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 the premises.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Class "A" fermented malt beverage retailer's license.
(1)
Generally. A Class "A" retailer's fermented malt beverage license,
when issued by the City Clerk-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 1. The license shall
expire on the following June 30.
(2)
Customer samples. A Class "A" license also authorizes the licensee
to provide, free of charge to customers and visitors who have attained
the legal drinking age, fermented malt beverages taste samples that
are not in original packages, containers or bottles and that do not
exceed three fluid ounces each, for consumption on the Class "A" premises.
No Class "A" licensee may provide more than two taste samples per
day to any one person. Taste samples may be provided under this subsection
only between the hours of 11:00 a.m. and 7:00 p.m. Any other regulatory
provision applicable to retail sales of fermented malt beverages by
a Class "A" licensee also apply to the provision of taste samples,
free of charge, of fermented malt beverages by a Class "A" licensee.
F.
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-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 1. 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)]
G.
Temporary Class "B" fermented malt beverage license.
(1)
License.
(a)
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 authorizing 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.
(b)
A license issued to a county or district fair licenses the entire
fairgrounds where the fair is being conducted and all persons engaging
in retail sales of fermented malt beverages from leased stands on
the fairgrounds. The county or district fair to which the license
is issued may lease stands on the fairgrounds to persons who may engage
in retail sales of fermented malt beverages from the stands while
the fair is being held.
(c)
Such license is valid for dates as approved by the City Clerk-Treasurer.
(2)
Application; penalties; conditions.
(a)
Application for such temporary 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-Treasurer, together with the appropriate license fee for each day for which the license is sought. Any denial of a license may be appealed to the Common Council under § 290-10. Any application not filed at least five days before the date of the licensed event may not provide enough time for the City Clerk-Treasurer to take action of the application, and any application not filed at least 45 days before the date of the licensed event may not provide enough time for the applicant to appeal any denial of license by the City Clerk-Treasurer.
(b)
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.
(c)
The temporary 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 four consecutive days.
(d)
If the application is for a temporary license to be used in
a City park, the applicant shall specify the main point-of-sale facility.
(e)
The Common Council, or other official authorized to issue temporary
Class "B" fermented malt beverage licenses, may issue a qualified
organization temporary Class "B" beer licenses for a multiple-location,
single-day event on a specific date and time for the purpose of conducting
a "beer walk." For such an event to occur:
[1]
The temporary Class "B" fermented malt beverage licenses must
be issued by the City to the same qualified organization which is
the licensee and sponsor of the multiple-location, single-day event.
[2]
The temporary Class "B" fermented malt beverage licenses must
be issued for the same date and time.
[3]
An admission fee shall be charged for participation in the event.
No additional charge can be charged for service of alcohol at the
event.
[4]
There is no limit to the number of temporary Class "B" fermented
malt beverage licenses the City may issue to a qualified organization.
(f)
Temporary Class "B" licensees must purchase all beer from beer
wholesalers or breweries/brewpubs authorized to self-distribute to
retail licensees.
H.
Temporary "Class B" wine license.
(1)
License.
(a)
Notwithstanding § 125.68(3), Wis. Stats., temporary
"Class B" wine 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. An
eligible organization may obtain a temporary "Class B" wine license
without also obtaining a temporary Class "B" fermented malt beverage
license.
(b)
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. A license issued to a county or district
fair licenses the entire fairgrounds where the fair is being conducted
and all persons engaging in retail sales of wine from leased stands
on the fairgrounds.
(c)
The county or district fair to which the license is issued may
lease stands on the fairgrounds to persons who may engage in retail
sales of wine from the stands while the fair is being held.
(d)
Not more than two such licenses may be issued under this subsection
to any club, chamber of commerce, county or local fair association,
agricultural association, church, lodge, society or veterans' post
in any twelve-month period.
(e)
An applicant may receive up to 20 temporary licenses for the
purpose of conducting a "wine walk" if all of the following apply:
[1]
Each license is issued for the same date and times and the licensee
is the sponsor of an event held at multiple locations within the municipality
on this date and at these times.
[2]
An admission fee is charged for participation in the event and
no additional fee is charged for service of alcohol at the event.
[3]
Within the immediately preceding twelve-month period, the City
has issued licenses under authority of this subsection for fewer than
two events.
[4]
The duration of an event may not exceed one day.
(2)
Application; penalties; conditions.
(a)
Application for such temporary wine 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-Treasurer, together with the appropriate license fee for each day for which the license is sought. Any application not filed at least five business days before the desired date of the license may not provide enough time for the City Clerk-Treasurer to take action on the application. Any denial of a license may be appealed to the Common Council under § 290-10.
(b)
Any person fronting for any group other than the one applied
for shall, upon conviction thereof, be subject to a forfeiture of
$200 and shall be ineligible to apply for a temporary "Class B" wine
license for one year.
(c)
The license shall specify the hours and dates of license validity.
(d)
If the application is for a license to be used in a City park,
the applicant shall specify the main point-of-sale facility.
(e)
The Common Council, or other official authorized by the Common
Council to issue temporary "Class B" wine licenses, may authorize
an underage person to enter and remain on the premises so licensed
if all of the following apply:
[1]
The Common Council issuing the license, or other official authorized
by the Common Council, authorizes the licensee to permit underage
persons to be on the licensed premises for the purpose of acting as
designated drivers.
[2]
The licensee permits on the licensed premises unaccompanied
underage persons to be present only for the purpose of acting as designated
drivers and the licensee provides a means of identification, such
as a wristband, to identify such underage persons as designated drivers.
[3]
The underage person is present on the licensed premises to act
as a designated driver and displays the means of identification specified
herein.
I.
Retail "Class C" wine license.
(1)
In this subsection, "barroom" means a room that is primarily used
for the sale or consumption of alcohol 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 alcohol beverages
accounts for less than 50% of gross receipts and which does not have
a barroom if the City's quota prohibits the City from issuing a "Class
B" license to that person. A "Class C" license may not be issued to
a foreign corporation or a person acting as agent for or in the employ
of another.
(4)
A "Class C" license shall particularly describe the premises for
which it is issued.
A.
Fees. There shall be the following classes of licenses in the City of Colby which, when issued by the City Clerk-Treasurer under the authority of the Common Council after payment of the license fee as set by the Common Council and publication costs hereinafter specified, shall permit the holder to sell, deal or traffic in intoxicating liquors or fermented malt beverages as provided in § 290-4 of this chapter and Ch. 125, Wis. Stats.:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Class "A" fermented malt beverages retailer's license. 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 A" intoxicating liquor license - cider. There is no fee for
a "Class A" cider license.
(3)
Class "B" fermented malt beverage license. 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.
(4)
Temporary Class "B" fermented malt beverage license.
(5)
Temporary "Class B" wine license. There shall be no fee if the temporary
wine license is obtained along with a temporary fermented malt beverage
license.
(6)
"Class A" intoxicating liquor retailer's license. The fee for a license
of less than 12 months shall be prorated according to the number of
months or fraction thereof for which the license is issued.
(7)
"Class B" intoxicating liquor retailer's license. 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.
(8)
Reserve "Class B" intoxicating liquor license (initial). The initial
fee for this license shall be set by the Common Council, except for
a bona fide club or lodge situated and incorporated in the State of
Wisconsin for at least six years.
(9)
"Class C" wine license. The fee for less than one year shall be prorated.
B.
Cancellation for failure to pay fee. The City Clerk-Treasurer shall
issue each license approved by the Common Council and shall make the
same available at the City Clerk-Treasurer's office. 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 887.03, Wis. Stats., and shall be filed with the City Clerk-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, or by the president and secretary, if
a corporation.
C.
Publication. The City 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. 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.
A.
Residence requirements. A retail Class "A" or Class "B" fermented
malt beverage, "Class A" or "Class B" intoxicating liquor license
or Class "C" wine license shall be granted only to American citizens
or persons with permanent residency status (green card) who have been
residents of the State of Wisconsin continuously for at least 90 days
prior to the date of 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 alcohol beverages shall only
be granted to persons who have attained the legal drinking age, except
for an operator's license, which may be granted to persons who have
attained the age of 18.
[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 § 25.04(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 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 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.
Criteria for Class "A" licenses. Class "A" licenses for the retail
sale of beer and intoxicating liquors, in original packages, to be
consumed away from the premises where sold may be issued to any retail
business which:
(1)
Is a Wisconsin corporation or a person of good moral character who
is a citizen of this state and for corporations which have been incorporated
for one year prior to applying for a license or for individuals who
have resided in the State of Wisconsin for not less than one year
prior to the date of the filing of the application.
(2)
Has premises from which the beer and liquor will be dispensed which
are not in a residential district of the City.
(3)
Has a minimum of 250 square feet of retail store which is devoted
exclusively to the sale of beer and liquor.
(4)
Has met all building safety and health standards for public buildings
as established by the State of Wisconsin.
The City Clerk-Treasurer shall notify the Chief of Police 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-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 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, Trade and Commerce
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)
The 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-Treasurer shall
issue to the applicant a license, upon payment by the applicant of
the license fee to the City.
B.
If the Common 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 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-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
set by the Common Council. Whenever a license is transferred, the
City 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.
Whenever the agent of a corporate holder of a license is for any
reason replaced, the licensee shall give the City Clerk-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-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. Except as otherwise authorized by §§ 125.32
and 125.68, Wis. Stats., no retail "Class B" or Class "B" licensees
shall employ any underage person, as defined in the Wisconsin Statutes,
but this shall not apply to hotels and restaurants. Family members
may work on the licensed premises, but are not permitted to sell or
dispense alcohol beverages.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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", Class "B" or "Class C" 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", Class "B"
or "Class C" 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, Trade and Commerce 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 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. However, § 125.68(3)(c), Wis.
Stats., exempts a restaurant within 300 feet of a church where the
sale of alcohol beverages is less than 50% of the gross receipts.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 alcohol 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 alcohol 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 alcohol beverages.
J.
Licensee or permittee responsible for acts of agents or employees.
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.
Improper exhibitions.
(1)
Purpose.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(a)
The Wisconsin Statutes authorizes local municipalities to prescribe
regulations for the sale of alcohol beverages which are not in conflict
with state statutes; and
(b)
The City of Colby Common Council, upon due consideration, finds
that nudity and near nudity and sexual conduct are proper subjects
for regulation in connection with the control of the sale of alcohol
beverages within the City; and
(c)
The Common Council further finds that any form of nudity coupled
with alcohol consumption in a public place begets undesirable behavior
and that there is a relationship between the consumption of alcohol
beverages and nudity and an increase of criminal activities, moral
degradation and the disturbances of the peace and the good order of
the community. Concurrence of nudity and alcohol beverages are hazardous
to the health and the safety of those in attendance and tends to depreciate
the value of adjoining property and to harm the economic welfare of
the community as a whole. When there is concurrence of nudity and
consumption of alcohol beverages, other activities which are illegal,
immoral or unhealthy tend to accompany them, concentrate around them
and be aggravated by them. Such other activities include but are not
limited to prostitution, solicitation for prostitution, lewd and lascivious
behavior, possession, distribution and transportation of obscene materials,
sale or possession of controlled substances and violent crimes against
persons and property; and
(d)
The Common Council has determined that the enactment of an ordinance
prohibiting nudity and sexual conduct in establishments licensed to
sell alcohol beverages within the City of Colby will prevent or limit
such undesirable conduct and activities.
(2)
Improper exhibitions. It shall be unlawful for any person to perform
or for any licensee or manager or agent of the licensee to permit
any employee, entertainer or patron to engage in any live act, demonstration,
dance or exhibition on the licensed premises which:
(a)
Exposes his or her genitals, pubic hair, buttocks, perineum,
anal region or pubic hair region; or
(b)
Exposes any device, costume or covering which gives the appearance
of or simulates genitals, pubic hair, buttocks, perineum, anal region
or pubic hair region; or
(c)
Exposes any portion of the female breast at or below the areola
thereof; or
(d)
Engages in or simulates sexual intercourse and/or any sexual
contact, including the touching of any portion of the female breast
or the male and/or female genitals.
(e)
Shows films or slides depicting any of the acts which are prohibited
by the regulation stated in this subsection.
A.
Closing
hours for "Class A", Class "A", "Class B", Class "B" and "Class C"
licenses shall be established in conformance with §§ 125.32(3)
and 125.68(4), Wis. Stats., and are further restricted as follows.
B.
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 or lodging to patrons, bowling alleys, 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.
It shall be unlawful for any person or organization on a temporary
basis to sell or offer to sell any alcohol beverage upon any City-owned
property or privately owned property within the City of Colby, 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 or chamber of commerce, county or local fair association or agricultural society, church, lodge or society that has been in existence for at least six months before the date of application and post of a veterans' organization, as set forth in § 125.26(6), Wis. Stats., and shall fully comply with the requirements of this section and § 290-21. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 Common 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, with a minimum of six feet between fences.
D.
Underage persons prohibited. Except as provided in § 290-4H(2)(e) regarding temporary wine licenses, 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.
E.
Licensed operators requirement. A licensed operator shall be stationed
at all points of sale 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 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 Colby. 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)]
A.
Procedure. Whenever the holder of any license under this article violates any portion of this article or of Article II, Outdoor Consumption of Alcohol Beverages, of this Chapter 290, 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 alcohol
beverages who abandons such business shall forfeit any right or preference
he may have to the holding of or renewal of such license. Abandonment
shall be sufficient grounds for revocation of any alcohol beverage
license. The closing of the licensed premises for at least six months
shall be prima facie evidence of the abandonment, unless extended
by the Common Council. All persons issued a license to sell alcohol
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.
C.
License revocation or suspension. License revocation or suspension
procedures shall be as prescribed by Ch. 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 4:30 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 cancelled 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 alcohol
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 alcohol 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 nonalcohol event, all alcohol 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 alcohol beverages ("speed
guns") shall be either disconnected, disabled or made inoperable.
A.
Operator's license required.
(1)
Operator's licenses; Class "A", Class "B" or "Class C" premises.
Except as provided under § 125.32(3)(b) and § 125.07(3)(a)10,
Wis. Stats., no premises operated under a Class "A", Class "B" or
"Class C" 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", Class "B" or "Class C" 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.
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-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 City Clerk-Treasurer
or his/her designee to determine whether the applicant to be licensed
complies with all regulations, ordinances and laws applicable thereto.
The City Clerk-Treasurer shall conduct an investigation of the applicant
by, but not limited to, requesting information from the Wisconsin
Crime Information Bureau (CIB), surrounding municipalities and/or
any community where the applicant has previously resided concerning
the applicant's arrest and conviction record. The City Clerk-Treasurer
shall submit the findings of his/her investigation to the Common Council
for its use in determining whether to approve or deny the application.
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 or temporary licenses.
(1)
Fee. The fee for a standard operator's license for one year shall
be $15 for an original application and $5 for a renewal license. The
fee for a provisional operator's license shall be $15.
(2)
Provisional license. The Common Council 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 Common Council 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 Common Council or who has had his operator's license revoked or suspended within the preceding 12 months. The City Clerk-Treasurer, Chief of Police or Common Council shall provide an appropriate application form to be completed in full by the applicant. The City Clerk-Treasurer, Chief of Police or Common Council may revoke the provisional license issued if it is discovered that the holder of the license made a false statement on the application. Following completion of a responsible beverage server training course and notification from the school, the license application will be presented to the Council, with the appropriate fee as prescribed in Subsection D(1) above for a one- or two-year operator's license. If approved by the Council, the operator's license is issued.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
Temporary license. The City Clerk-Treasurer may issue a temporary
operator's license, provided that:
(a)
The temporary operator's license may be issued only to operators
employed by, or donating their services temporarily to, nonprofit
corporations.
(b)
No person may hold more than two temporary operator's licenses
per year.
(c)
The temporary operator's license is valid for any period from
one day to 14 days, and the period for which it is valid shall be
stated on the license.
E.
Issuance or denial of operator's licenses.
(1)
After the Common Council approves the granting of an operator's license,
the City Clerk-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)
If the application is denied by the Common Council, the City Clerk-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.
(a)
If, upon reconsideration, the Council again denies the application,
the City Clerk-Treasurer 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)
(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 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 may, at its discretion, 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), 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 a comparable training course that is approved by the Educational Approval Program, or unless the applicant fulfills one of the following requirements:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Any person who shall violate any provision of this article of the Code of Ordinances of the City of Colby 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 Chapter 1, Article I, § 1-3, General penalty, of the Code of the City of Colby.
B.
Nothing herein shall preclude or affect the power of the sentencing
court to exercise additional authority granted by the Wisconsin Statutes.
[Adopted 10-5-1995 as
Title 11, Ch. 4, § 11-4-1, of the 1995 Code]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Except as provided in Subsection B below, it shall be unlawful for any person to sell, serve or give away, or offer to sell, serve or give away, any alcohol beverage upon any public street, sidewalk, alley, public parking lot, highway, cemetery, drive or other public area within the City of Colby 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/her possession any open container containing alcohol beverages upon any public street, public sidewalk, public way, public alley or public parking lot within the City, except at licensed premises.
B.
The consumption or possession of an alcohol beverage by any person
of legal consumption age shall be allowed upon First Street between
Spence Street and Clark Street and upon all public areas adjoining
First Street between Spence Street and Clark Street during the Colby
Cheese Days festival at such hours and only at such hours as a temporary
outdoor area fermented malt beverage or temporary wine license is
issued to a community organization by the City of Colby.
It shall be unlawful for any person to consume any alcohol 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.
A.
The provisions of this article may be waived by the Common Council
for duly authorized events.
B.
The provisions of this article do not apply to any organization which has been issued a temporary fermented malt beverage and/or temporary wine license for a designated area pursuant to this Code of Ordinances, provided that the provisions of this article and Article I of this Chapter 290 are fully complied with.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
As used in this article, the following terms shall have the
meanings indicated:
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.
Any location within the City of Colby 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.
