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