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
through 887.04, Wis. Stats.,[1] and shall be filed with the office of the City Clerk at
least 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.
[1]
Editor's Note: Said §§ 887.025 and 887.04,
Wis. Stats., were repealed 1-1-1974 by S.Ct.Order dated 6-5-1973.
B.
Corporations. Such application shall be filed and sworn
to by the applicant if an individual, and by the president and secretary
if a corporation.
C.
Publication. The application for a license to sell or
deal in intoxicating liquor or fermented malt beverages shall be published
once in a weekly publication in the official City newspaper, and the
costs of publication shall be paid by the applicant.
D.
Amending application. Whenever anything occurs to change
any fact set out in the application of any licensee, such licensee
shall file with the issuing authority a notice, in writing, of such
change within 10 days after the occurrence thereof.
E.
License quotas. The quota for licenses under this chapter
shall be pursuant to Ch. 125, Wis. Stats.
A.
Statutory requirements. Licenses shall not be issued
to any persons ineligible therefor under § 125.04, Wis.
Stats.
B.
Residence requirements. All licenses related to alcoholic
beverages shall be granted only to natural persons who have been residents
of the State of Wisconsin continuously for at least 90 days prior
to the date of application.
C.
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.
D.
Right to premises. No applicant will be considered unless
they have the right to possession of the premises described in the
application for the license period, by lease or by deed.
E.
Age of applicant. No license hereunder, except operator's
licenses, shall be granted to any underage person as defined by the
Wisconsin Statutes. Operator licenses may be issued only to applicants
who have attained the age of 18 years of age.
F.
Corporate restrictions.
G.
Separate license required for each place of sale. A
separate license shall be required for each stand or place which is
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.
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 shall issue
to the applicant a license, upon payment by the applicant of the fee
to the City.
B.
No license shall be issued unless the premises conforms to the sanitary,
safety and health requirements of the State Building Code, and the
regulations of the State Board of Health 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.
A.
As to a person. No license shall be transferable to
a licensee except as provide in § 125.04(12), Wis. Stats.
B.
As to place. Licenses issued pursuant to this chapter
may be transferred as provided in § 125.04(12), Wis. Stats.
Application for such transfer shall be made on applications furnished
by the Wisconsin Department of Revenue. Proceedings for such transfer
shall be had in the same manner and form as an original application.
A.
All licenses shall be numbered in the order in which they are issued
and shall state clearly the specific premises for which granted, the
date of issuance, the fee paid and the name of the licensee. The City
Clerk shall affix to the license their affidavit as provided by § 125.04(4),
Wis. Stats.
A.
Every person licensed in accordance with the provisions of this chapter
shall immediately post such license and keep the same posted while
in force in a conspicuous place in the room or place where said beverages
are drawn or removed for service or sale.
B.
All organizations issued a liquor 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.
C.
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.
A.
Procedure. Whenever the holder of any license under this chapter violates any portion of this chapter or Title 11, Chapter 2, Division 3, of this Code of Ordinances, 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 they may have to the holding of or renewal
of such license. Abandonment shall be sufficient grounds for revocation
of any alcohol beverage license. The loss or nonuse 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. Whenever the holder
of any license or permit under this chapter shall violate any portion
of the chapter or any regulation adopted pursuant thereto, proceedings
for the suspension, revocation, or nonrenewal of said license or permit
may be instituted in the manner and under the procedure established
by Ch. 125, Wis. Stats., and the provision therein relating to the
granting of a new license shall likewise be applicable.
D.
Nonrenewal of license. The City Attorney may, after investigation, commence an action before the Administrative Committee to hear evidence and make a recommendation to the Common Council that a license issued pursuant to this chapter not be renewed. The Chairman of the Committee shall, in writing, notify the licensee of the consideration of nonrenewal. Such notification shall be in the form of and shall serve as the summons and complaint and shall include a statement of the reasons for the consideration of the nonrenewal of the license in the same specificity required for a summons and complaint for revocation or suspension. If the license is recommended for nonrenewal, costs may be assessed against the licensee and any renewal application fee shall be forfeited. In all other respects, the provisions of Subsection C above shall apply. The commencement of this action shall stay action by the Common Council on the licensee's application until the Committee makes its recommendation.
E.
Other provisions. Any license issued pursuant to this
chapter shall be subject to such further regulations and restrictions
as may be imposed by the Common Council by amendment to this section
or by the enactment of new ordinances. If any licensee shall fail
or neglect to meet the requirements imposed by such new restrictions
and regulations, their license may be revoked in accordance with this
section. In case of revocation of any license or any violation of
any provision of this chapter in accordance with this section or by
the court or for any reasonable cause except the imposition of new
restrictions, no refund shall be made of any part of the license fee.
