[Amended 2-11-1997 by Ord. No. 829]
[Amended 1-25-2000 by Ord. No. 00-3]
The provisions of W.S.A. ch. 125 and ss. 938.344 and 778.25 relating to the sale of alcohol beverages, except ss. 125.09(6), 125.14(2) and (3), 125.56(2), 125.60, 125.61, 125.62, 125.63 and 125.66(3), except provisions therein relating to penalties to be imposed, are hereby adopted by reference and made a part of this Part 1 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 Part 1. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made a part of this Part 1.
As used in this Part 1, the terms "alcoholic beverages," "intoxicating liquors," "sell," "sold," "sale," "restaurant," "club," "retailer," "person," "fermented malt beverages," "wholesalers," "retailers," "operators," "wine" and "nonintoxicating beverages" shall have the meaning given them by W.S.A. ch. 125.
Except as provided by W.S.A. s. 125.06, no person,
firm or corporation shall vend, sell, deal or traffic in, or have
in his possession with intent to vend, sell, deal or traffic in, or
for the purpose of evading any law or ordinance give away any alcohol
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, as provided by W.S.A. ss. 125.25,
125.26, 125.27, 125.28 and 125.51.
[Amended 1-25-2000 by Ord. No. 00-3]
There shall be the following classes and denominations
of licenses which, when issued by the City Clerk-Treasurer under the
authority of the Common Council after payment of the fee herein specified,
shall permit the holder to sell, deal or traffic in alcohol beverages
as provided in W.S.A. ss. 125.17, 125.25, 125.26, 125.28 and 125.51.
A.
"Class A" liquor license, issued by the City Clerk-Treasurer
under the authority of the Common Council, authorizes the retail sale
of liquor, in the original sealed container, for consumption off the
licensed premises.
B.
"Class B" liquor license, issued by the City Clerk-Treasurer
under the authority of the Common Council, authorizes the retail sale
of liquor for consumption on the licensed premises and in the original
sealed container for consumption off the licensed premises.
C.
"Class C" wine license, issued by the City Clerk-Treasurer
under the authority of the Common Council, authorizes the sale of
wine for consumption on the premises only.
D.
Class "A" beer license, issued by the City Clerk-Treasurer
under the authority of the Common Council, authorizes the retail sale
of beer, in the original sealed container, for consumption off the
licensed premises.
E.
Class "B" beer license, issued by the City Clerk-Treasurer
under the authority of the Common Council, authorizes the retail sale
of beer for consumption on the licensed premises and in the original
sealed container for consumption off the licensed premises.
F.
A Temporary "Class B" license, when issued by the City Clerk-Treasurer,
under authority of the Common Council, authorizes the retail sale
of beer and/or wine containing not more that 6% alcohol by volume
(i.e., wine coolers) by bona fide clubs, fair associations or agricultural
societies, churches, lodges or societies that have been in existence
for at least six months and veterans' organizations. This license
is authorized by Wisconsin Statutes s. 125.51(10).
[Amended 9-9-2014 by Ord. No. 14-08]
G.
A Temporary Class "B" license, when issued by the City Clerk-Treasurer
under authority of the Common Council, authorizes the retail sale
of beer and may be issued at any time by bona fide clubs, fair associations
or agricultural societies, churches, lodges or societies that have
been in existence for at least six months and veterans' organizations.
This license is authorized by Wisconsin Statutes s. 125.26(6).
[Amended 9-9-2014 by Ord. No. 14-08]
H.
Provisional retail license, when issued by the Clerk-Treasurer
under authority of the Common Council, authorizes applicants for retail
licenses to open for business while completing the responsible beverage
server training course requirement. Such license expires 60 days after
its issuance or when the retail license applied for is issued, whichever
is sooner. A provisional retail license may not be issued if the quota
prohibits issuing an annual license for the same. No person may hold
more than one provisional retail license for each type of license
applied for by the holder per year.
I.
Wholesaler's license, when issued by the City Clerk-Treasurer
under the authority of the Common Council, authorizes the sale of
beer only in original packages or containers to dealers, not to be
consumed in or about the premises of said wholesaler.
A.
All license fees are set forth in the fee schedule
adopted as part of the annual budget document.
B.
Fees for Class "A" beer, "Class A" liquor, "Class
B" liquor, Class "B" beer and "Class C" wine shall be prorated when
a new license is issued based on the number of months or fractions
thereof remaining in the licensing period. [See W.S.A. ss. 125.26(4)
and 125.51(9)(a)].
A.
Contents. Application for a license to sell or deal
in alcohol beverages shall be made, in writing, on the form prescribed
by the State Department of Revenue and shall be signed and sworn (notarized)
to by the applicant as provided by W.S.A. ss. 887.01 to 887.03 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 and cannot include rooms separated by a solid wall or
joined by connecting entrances. By July 15 annually, the Clerk-Treasurer
will forward a list of all approved applicants to the Wisconsin Department
of Revenue.
[Amended 1-25-2000 by Ord. No. 00-3]
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 application shall be published at
least once 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.
A.
Licenses related to alcohol beverages may be issued
to individuals, all partners (including limited partners) of partnerships
and the officers, directors and agents of corporations and nonprofit
organizations, provided that they meet the qualifications as stated
in W.S.A. s. 125.04(5) and (6).
B.
Violators of liquor or beer laws or ordinances. No
license related to alcohol beverages shall be issued to any person
who has been convicted of a violation of any federal or state liquor
or beer law or the provisions of this article during one year prior
to such application. A conviction of a member of a partnership or
the partnership itself shall make the partnership or any member thereof
ineligible for such license for one year.
C.
Separate licenses required. A license shall be required
for each stand, place, room or enclosure or for each suite of rooms
or enclosures which are in direct connection or communication with
each other where alcohol beverages are kept, sold or offered for sale.
D.
License quotas.
(1)
The "Class B" liquor license quota for the city shall
be as provided in W.S.A. s. 125.51(4).
(2)
The City Council may issue any number of Class "B"
beer licenses to be in force at the same time.
(3)
The City Council may issue any number of "Class A"
liquor licenses to be in force at the same time.
(4)
The City Council may issue any number of Class "A"
beer licenses to be in force at the same time.
(5)
The City Council may issue any number of wholesaler's
licenses to be in force at the same time.
E.
License quota for Class "B" beer and "Class C" wine
only licenses for restaurants.
(1)
The Common Council may issue any number of Class "B" beer and "Class
C" wine licenses for restaurants in addition to any other Class "B"
beer or "Class C" wine licenses granted pursuant to this chapter.
[Amended 11-19-2015 by Ord. No. 15-08]
(3)
Additional requirements for the Class "B" beer and
"Class C" wine only license for restaurants shall be as follows:
(a)
Such license shall be issued only to establishments
which are bona fide restaurants. The following criteria shall be used
in determining whether or not an establishment is a bona fide restaurant:
[1]
The principal business of the establishment
must be to cater to and serve full course meals to the general public.
[2]
The business shall be advertised and held out
to the public as a place where meals are prepared and served, space
being provided with adequate kitchen and dining room equipment and
persons being employed to prepare, cook and serve meals for guests.
[3]
Tables shall be of adequate size to accommodate
the service of full course meals in accordance with the number of
chairs at each table.
[5]
The licensee of the Class "B" liquor license
shall be allowed to sell fermented malt beverages for on-premises
consumption only.
[6]
The licensee of the "Class C" license shall
be allowed to sell wine for on-premises consumption only.
(b)
The licensed establishment must derive at least
50% of its gross revenue from the sale of food and nonalcohol beverages.
The 50% shall be determined by taking the average monthly gross revenue
of the sale of food and nonalcohol beverages over the period of a
calendar year.
[Amended 8-22-2017 by Ord. No. 17-10]
(c)
The licensee shall take the following steps:
[1]
After the first 90 days of operation following
initial issuance of the license, the licensee shall file with the
City Clerk-Treasurer an affidavit prepared by a certified public accountant.
Such affidavit shall state the percent of gross revenue from the sale
of food and nonalcohol beverages and the percent of gross revenue
from the sale of beer and/or wine for such initial ninety-day period.
[2]
After the second 90 days of operation following
initial issuance of the license, the licensee shall file with the
City Clerk-Treasurer his/her notarized statement showing the percent
of gross revenue from the sale of food and nonalcohol beverages and
the percent of gross revenue from the sale of beer and/or wine for
such second ninety-day period.
[3]
Thereafter, such notarized statement of the
licensee shall be filed with the renewal application and shall include
sales for the entire previous calendar year.
[4]
The Common Council may, at any time it is deemed
necessary, request the licensee to file an affidavit of a certified
public accountant to verify the percent of gross revenue as shown
on the licensee's notarized statement.
[Amended 1-25-2000 by Ord. No. 00-3]
(d)
The licensee, by application for and receipt
of this license, agrees to an examination of his business records,
for the purpose of verification of the percent of food sales, by the
Mayor or his delegated representative at all reasonable times.
(4)
Failure to file the required affidavit, failure to
maintain the required percent of food sales and nonalcoholic beverages
or failure to comply with any of the requirements for the Class "B"
beer or "Class C" wine only license for restaurants shall be grounds
for nonrenewal, suspension or revocation of the Class "B" beer and
"Class C" wine only license for restaurants.
F.
Effect of revocation of license. Whenever any license
has been revoked, at least six months from the time of such revocation
shall elapse before another license shall be granted for the same
premises, and 12 months shall elapse before another license shall
be granted to the person whose license was revoked.
[Amended 6-24-1997 by Ord. No. 844]
The City Clerk-Treasurer shall notify the Chief
of Police and Inspection Department 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 Common Council, in writing, 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.
In determining the suitability of an applicant, consideration
shall be given to the moral character and financial responsibility
of the applicant, the appropriateness of the location and premises
proposed and generally the applicant's fitness for the trust to be
reposed.
B.
No license shall be granted for operation on any premises
or with any equipment which has taxes or assessments or other financial
claims of the city that are delinquent and unpaid.
C.
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 Board of Health and City 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.
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. The fee shall
be paid to the City Clerk-Treasurer, who shall deposit the same in
the general fund.
A.
As to place. In accordance with the provisions of
W.S.A. s. 125.04(12), a license shall be transferable from one premises
to another if such transfer is first approved by the Common Council.
The 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 forth in the fee schedule adopted as
part of the annual budget document. Whenever a license is transferred,
the City Clerk-Treasurer shall forthwith notify the State Department
of Revenue of such transfer.
B.
Corporate license holders. Whenever the agent of a
corporate holder of a license for any reason is 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 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 and the Wisconsin Department of Revenue.
C.
As to person. No license shall be transferable as
to the licensee except as provided by W.S.A. s. 125.04(12).
D.
Reimbursement of unused annual fee. Whenever a licensee
transfers his/her license pursuant to this section, the city shall
reimburse the annual license fee prorated on a quarterly basis. The
licensee shall be entitled to reimbursement of 1/4 of the fee for
each calendar quarter the license is unused. If the license is utilized
for even one day of the calendar quarter, that quarter reimbursement
is forfeited.
E.
Lapse of license. Whenever any licensee under this
article shall not conduct his licensed business at the authorized
location for a period of six consecutive months, the license issued
to him shall lapse and become void, unless such six-month period shall
be extended by the Common Council.
[Amended 1-25-2000 by Ord. No. 00-3]
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 and, unless sooner revoked, shall expire on June 30
thereafter except as otherwise provided.
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 licenses related to alcohol beverages 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. Minors 14 years of age and older
may be employed where alcohol beverages are stored, sold or served
if they are not serving, selling, dispensing or giving away alcohol
beverages, except as restricted in W.S.A. s. 103.78. This applies
to all places licensed to sell alcohol beverages. Minors so employed
must always be under the immediate supervision of the licensee, an
adult member of the licensee's immediate family or a person with an
operator's license.
C.
Disorderly conduct prohibited. Each licensed premises
shall at all times be conducted in an orderly manner, and no disorderly,
riotous or indecent conduct or gambling 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" liquor, Class "B" beer or "Class
C" wine license, at all times, the licensee 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 serving alcohol
beverages to customers.
E.
Health and sanitation requirements. No alcohol beverage
license shall be issued for any premises which does not conform to
the sanitary, safety and health requirements of the State Department
of Industry, Labor and Job Development pertaining to buildings and
plumbing, to the rules and regulations of the State Department of
Health and Family Services applicable to restaurants and to all such
ordinances and regulations adopted by the city.
F.
Restrictions near schools and churches. No liquor
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, 1974, nor shall it apply to
any premises licensed as such prior to the occupation of real property
within 300 feet thereof by any school building, hospital building
or church building.
G.
Delinquent taxes, assessments and claims. No alcohol
beverage license shall be granted for any premises for which taxes,
assessments or other claims of the city are delinquent and unpaid
or to any person delinquent in payment of such claims to the city.
H.
Issuance for sales in dwellings prohibited. No alcohol
beverage license shall be issued to any person for the purpose of
possessing, selling or offering for sale any alcohol beverages in
any dwelling house, flat or residential apartment.
I.
Violations by agents and employees. A violation of
this article by an authorized agent or employee of a licensee shall
constitute a violation by the licensee.
J.
Premises requirements. Class "A" beer and Class "A"
liquor licenses shall only be issued for premises that consist of
separate solid walls, without connecting or shared entrances or access
to other building areas conducting nonrelated retail sales.
No premises for which an alcohol beverage license
has been issued shall remain open for the sale of alcohol beverages:
A.
If a retail Class "A" beer license: from 9:00 p.m.
to 8:00 a.m.
C.
If a "Class A" liquor license: from 9:00 p.m. to 8:00
a.m.
E.
Hotels and restaurants whose principal business is
the furnishing of food or lodging to patrons, and bowling alleys and
golf courses, may remain open for the conduct of their regular business,
but no alcohol beverages shall be sold during prohibited hours.
[Amended 9-9-2014 by Ord. No. 14-08]
A.
The Common Council authorizes the granting of temporary Class "B"
(i.e. beer) and Temporary "Class B" (i.e., wine) licenses by the City
Clerk-Treasurer or his or her designee, under the authority granted
by Wisconsin Statutes ss. 125.26(1) and 125.51(1)(a).
(1)
The City Clerk-Treasurer, prior to granting of the license, shall
make such necessary inquiries and conduct such investigation as deemed
necessary by the City Clerk-Treasurer to satisfy himself or herself
that the applicant is eligible for and worthy of the temporary Class
"B" (beer) license or temporary "Class B" (wine) license.
(2)
Upon denial of a license under this section, the applicant for the
license shall have the absolute right to apply to the Common Council
for the license.
(3)
Upon granting of the license, whether by the City Clerk-Treasurer
or his or her designee, or the Common Council, the City Clerk-Treasurer
will issue the temporary Class "B" (beer) or "Class B" (wine) license.
(4)
Nothing herein shall be deemed as a requirement that the City Clerk-Treasurer
or the Common Council grant either of said licenses, if the granting
authority, at its sole discretion, believes granting the license would
not be in the best interests of the City.
B.
Groups that have been granted a Class "B" or "Class B" license shall
comply with the following conditions of license:
(1)
There shall be at least one person properly licensed as an operator under the provisions of Article II of this chapter on the premises at all times to supervise the service of beverages.
(2)
Holders of a temporary Class "B" or temporary "Class B" license shall
fully comply with all provisions of this Code and the state statutes.
(3)
For indoor events, the structure used must have suitable exits and
open spaces to accommodate anticipated attendance. It should contain
adequate sanitary facilities to accommodate the size of the group.
(4)
The temporary Class "B" or temporary "Class B" license shall be posted
in a conspicuous place and shall specify the date(s) and hours for
which said license is issued.
(5)
Such license shall be granted for no more than five consecutive days.
(6)
The applicant(s) shall be required to sign an indemnification agreement
prior to issuance of the license.
A.
Procedure. Whenever the holder of any license under
this article violates any portion of this article, proceedings for
the revocation of such license may be instituted in the manner and
under the procedure established by W.S.A. s. 125.12, and the provisions
therein relating to granting a new license shall likewise be applicable.
B.
Automatic revocation. Any license issued under the
provisions of this article shall stand revoked without further proceedings
upon the conviction of a licensee or employee, agent or representative
thereof for a second offense under this article or for a violation
of W.S.A. ch. 125 or 139 or any other state or federal liquor, beer
or wine laws or of any felony.
C.
Nonrenewal of licenses. Before renewal of any license
issued under this article is refused, the licensee shall be given
written notice of any charges or violations against him or the reasons
proposed for nonrenewal and a copy of any proposed motion for nonrenewal
and shall have an opportunity to be heard before the Common Council.
D.
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 an alcohol beverage license. The closing of the licensed premises
for at least 90 days shall be prima facie evidence of an abandonment.
