[Adopted 1-4-2022 by Ord. No. 21-50]
The provisions of Ch.
125 and § 66.0433, Wis. Stats., defining and regulating the sale, procurement, dispensing and transfer of intoxicating liquor and fermented malt beverages, excluding provisions relating to the penalty to be imposed or the punishment for violation of such statutes, are adopted and made a part of this article by reference. A violation of any of such provisions shall constitute a violation of this article.
[Amended 7-5-2022 by Ord. No. 22-63]
The following classes and denominations of licenses may be issued by the City Clerk upon the granting by the Common Council after payment of the fee as set by the Common Council and provided under a separate fee schedule, which when so issued shall permit the holder to sell, deal or traffic in beverages as provided in §§ 66.0433, 125.17, 125.25, 125.26 and 125.51, Wis. Stats. Except as otherwise provided in this article or Ch.
125, Wis. Stats., the full license fee shall be charged for the whole or fraction of any license year. For the purpose of this article, a license year is defined as the period from July 1 to June 30. Except as otherwise provided in this article, all licenses shall expire on the June 30 next following the date of issuance.
A. Retail Class "A" fermented malt beverage license.
B. Retail Class "B" fermented malt beverage license.
(1) Six-month license. A license may be issued at any time for six months
in any calendar year, for which 1/2 of the applicable license fee
shall be paid, but such license shall not be renewable during the
calendar year in which it was issued.
(2) Picnic license: a per-day fee to bona fide clubs or lodges pursuant
to § 125.26, Wis. Stats. If the licensed premises is on
City-owned property, this license shall be limited to the sale or
dispensing of fermented malt beverages in open paper or plastic cups
or like containers only.
C. Retail "Class A" liquor license.
D. Retail "Class B" liquor license, which shall permit its holder to
sell liquor by the glass to be consumed on the licensed premises and,
in original packages or containers, in multiples not to exceed four
liters at any one time to be consumed off the licensed premises. Wine
may be sold in original packages or otherwise in any quantity to be
consumed off the licensed premises. The City elects to come under
the provisions of § 125.51(3)(b), Wis. Stats.
(1) The fee for the license shall be prorated according to the number
of months or fractions thereof remaining until the following June
30.
(2) A retail "Class B" liquor license shall be issued only to holders
of a retail Class "B" fermented malt beverage license.
E. Retail "Class C" liquor license.
F. Temporary retail "Class B" wine license. Pursuant to § 125.51(10), Wis. Stats., this license may be issued to bona fide clubs, local fair associations or agricultural societies, 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. The fee for the license shall be as set by the Common Council and provided under a separate fee schedule per day, unless the applicant has also applied for and been granted a temporary retail Class "B" fermented malt beverage (picnic) license, pursuant to Subsection
B(2) above. If the licensed premises are on City-owned property, this license shall be limited to the sale or dispensing of wine in open paper or plastic cups or like containers only, unless the original package, container or bottle is sold as part of a wine tasting event, is placed in an opaque bag or package and is limited to consumption off the City-owned property.
G. Operator's license.
(1) A two-year operator's license (i.e., bartender's license) may be
granted to individuals for the purposes of complying with §§ 125.32(2)
and 125.68(2), Wis. Stats.
(2) Written applications for an operator's license shall be on forms
provided by the City Clerk and shall be accompanied by the first year's
fee. The City Clerk shall notify the Police Chief of any new operator's
license application. The Police Chief or designee shall review such
application to determine whether the applicant is compliant with licensing
regulations, ordinances, and applicable laws. Upon receipt of the
results of such investigation, the City Clerk shall be authorized
to issue operator's licenses if recommended by the Police Chief for
approval. Any operator's license application for which the Police
Chief or City Clerk recommends denial shall be referred to the Licensing
Board for recommendation and the Common Council for issuance if the
Licensing Board recommends approval.
(3) Once issued by the City Clerk, an operator's license shall be valid
until June 30 next following the date of issuance. An operator's license
may then be validated for use during the second license year only
if payment for the second year of the license is submitted by the
applicant no sooner than May 1 but no later than June 30 next following
the date of issuance.
H. Provisional operator's license.
(1) Individuals who have applied for an operator's license under Subsection
G above and who have shown proof of enrollment in the bartender's training course under § 220-51 may be issued a provisional operator's license by the City Clerk, without approval by the Common Council, pursuant to § 125.17(5), Wis. Stats.
(2) Once issued by the City Clerk, the provisional operator's license shall be valid until either the date of issuance or denial of a regular operator's license by the Common Council, under Subsection
G or 60 days after the date of the issuance of the provisional operator's license, whichever date is earlier.
(3) A provisional operator's license may not be issued to any individual who has been denied a license under this article or Ch.
125, Wis. Stats., within the twelve-month period immediately preceding the date of application.
(4) Only one provisional operator's license may be issued to any individual
for each regular license application.
I. Temporary operator's license.
(1) The fee charged for a temporary operator's license as provided hereunder
shall be as set by the Common Council and provided under separate
fee schedule.
(2) Temporary operator's licenses may be granted to individuals by the
Clerk in substantial accordance with the licensing guidelines established
by the Licensing Board for the purposes of complying with §§ 125.32(2)
and 125.68(2), Wis. Stats. The Police Chief shall provide investigatory
consultation and recommendation with respect to any temporary operator
license applicant's criminal or quasi-criminal background as pertinent
to the licensing guidelines established by the Licensing Board.
(3) Temporary operators' licenses may be issued only upon written application
on forms provided by the Clerk.
(4) Temporary operators' licenses may be issued only to operators employed
by, or donating their services to, nonprofit corporations.
(5) No individual may hold more than one temporary operator's license
in any single consecutive twelve-month period.
(6) A temporary operator's license shall be valid for any period from
one day to 14 days; the period for which the temporary operator's
license is valid shall be so stated on the face of the license.
(7) Temporary operator's licenses may be issued by the Clerk in accordance
with § 125.17(1), (2), (3) and (4), Wis. Stats.
K. Provisional retail license. The Police Chief shall provide investigatory consultation and recommendation with respect to any retail license applicant's criminal or quasi-criminal background as pertinent to the licensing guidelines established by the Licensing Board and the governing provisions of Ch.
125. The Clerk shall issue a provisional retail license only if a positive recommendation for issuance is made by the Police Chief. The Police Chief shall provide a recommendation as to the issuance or non-issuance of a new retail license to the Clerk and Licensing Board as soon as practicable.
All licenses shall be numbered in the order in which they are
issued and shall clearly state the specific premises for which granted,
the date of issuance, the fee paid and the name of the licensee and,
unless sooner revoked, shall expire on June 30 thereafter, except
as otherwise provided.
It shall be deemed a ground for nonrenewal or revocation of
any license issued under this article, in addition to those grounds
specified in § 125.12, Wis. Stats., if any of the following
conditions shall at any time exist:
A. If the licensee is not routinely conducting the business of the sale
or offering for sale of alcohol beverages on the licensed premises
during the month immediately preceding the close of the license year.
B. If the licensee has not sold or offered for sale alcohol beverages
on the licensed premises for a minimum of 180 days during the license
year immediately preceding the license year for which application
for a renewal license is made, provided that the licensee has been
licensed for the full license year immediately preceding the license
year for which application for a renewal license is made.
C. If the licensee loses physical possession or occupation of the licensed
premises through a judgment of foreclosure, seizure under a writ or
execution or attachment to satisfy a judgment of record, assignment
for the benefit of creditors, adjudication of the United States Bankruptcy
Court, termination of a lease or rental agreement, or abandonment
by the licensee.
Any person who shall violate any provision of this article shall be subject to a penalty as provided in §
1-4 of this Code. Each violation and each day a violation continues or occurs shall constitute a separate offense. This action shall not preclude the City from maintaining any appropriate action to prevent or remove a violation of this article.