[HISTORY: Adopted by the Common Council of
the City of Franklin 8-5-1997 by Ord. No. 97-1461 as Sec. 13.01 of the
1997 Code. Amendments noted where applicable.]
The provisions of Ch. 125, Wis. Stats., enumerated below and as amended from time to time, exclusive of any provisions relating to any penalty to be imposed or the punishment for the violation of such statutes, unless otherwise indicated, are hereby adopted by reference and made a part of this chapter:
GENERAL PROVISIONS
| |
125.02
|
Definitions
|
125.04
|
General licensing requirements
|
125.07
|
Underage and intoxicated persons; presence on
licensed premises; possession; penalties
[Amended 12-15-1998 by Ord. No. 98-1526] |
125.085
|
Proof of age
[Added 12-15-1998 by Ord. No. 98-1526] |
125.09
|
General restrictions
|
125.12(1) (2) and (3)
|
Revocations, suspensions, refusals to issue
or renew
|
125.13
|
Report of suspension, revocation or imposition
of penalty
|
125.14
|
Enforcement provisions[1]
|
FERMENTED MALT BEVERAGES
| |
125.25
|
Class "A" licenses
|
125.26
|
Class "B" licenses
|
125.28
|
Wholesalers' licenses
|
125.31
|
Multiple licenses and permits; brewers
|
125.32
|
General restrictions and requirements
|
125.33
|
Restrictions on dealings between brewers, wholesalers
and retailers
|
125.68
|
General restrictions and requirements
|
INTOXICATING LIQUOR
| |
125.51
|
Retail licenses and permits
|
125.52
|
Manufacturers' and rectifiers' permits
|
125.53
|
Winery permit
|
125.54
|
Wholesalers' permits
|
125.55
|
Combination permits
|
125.56
|
Sacramental wine
|
125.67
|
Evading provisions of law by giving away intoxicating
liquor; penalties
|
125.68
|
General restrictions and requirements
|
[1]
Editor's Note: The entry for § 125.20(1),
pertaining to coin-operated machines, was repealed 12-15-1998 by Ord.
No. 98-1526.
A.
Requirements. Applicants for licenses shall comply
with the requirements of § 125.04, Wis. Stats., adopted
herein by reference.
B.
License investigation. The City Clerk shall notify
the Health Officer, Chief of Police, Fire Chief and Building Inspector,
Electrical Inspector and Plumbing Inspector of all license and permit
applications, and these officials shall inspect or cause to be inspected
each application and premises to determine whether the applicant and
the premises sought to be licensed comply with the regulations, ordinances
and laws applicable thereto and the applicant's fitness for the trust
to be imposed. These officials shall furnish to the Council, in writing,
the information derived from such investigation.
There shall be the following classes and denominations of licenses which, when issued by the City Clerk under the authority of the City Council, after payment of the fee specified in Chapter 169, Licenses and Permits, shall permit the holder to sell, deal or traffic in intoxicating liquor or fermented malt beverages as provided in § § 125.17, 125.26 and 125.51, Wis. Stats. The fees required under this section shall be deposited with the City Clerk at the time of application and shall be refunded to the applicant if the application is denied:
A.
Class A Fermented Malt Beverage Retailer's License.
B.
Class B Fermented Malt Beverage Retailer's License.
C.
Wholesalers' Fermented Malt Beverage License.
D.
Picnic License. A single meeting license may be issued
to eligible organizations pursuant to § 125.26(6), Wis.
Stats.
E.
Retail Class A Liquor License.
F.
Retail Class B Liquor License.
G.
Country Clubs.
H.
Operators' License.
I.
Class B Picnic Retail Wine License. A Class B Picnic
Retail Wine License shall be available to a church or organization
associated with a church if the church or organization has been in
existence for at least six months prior to the date of the application
for the sale of wine, consisting of not more than 6% alcohol by volume,
at a picnic, meeting or other gathering specified on the license.[1]
[1]
Editor's Note: Original Subsection 13.01(3)(j),
which immediately followed this subsection, was deleted 12-15-1998
by Ord. No. 98-1526.
K.
Initial Reserve Class B license pursuant to § 125.51(3)(e)2.,
Wis. Stats.
[Added 5-6-2003 by Ord. No. 2003-1748]
[Amended 6-1-2010 by Ord. No. 2010-2002]
A.
A condition
of any license issued hereunder shall be that the licensed premises
may be entered and inspected at any reasonable hour by any police
officer of the City, without any warrant, and the application for
a license hereunder shall be deemed a consent to this provision. Any
refusal to permit such inspection may be cause for revocation of any
license issued hereunder and shall be deemed a violation of this chapter.
B.
Any licensed activity authorized under any license issued under this chapter which describes the premises shall be limited to the area of the premises as so described; no change to such premises description and use may occur unless approved by the Common Council upon application therefor and the payment of the fee, specified in Chapter 169, by the applicant.
All operators' licenses subject to renewal shall
be issued by the City Clerk upon application. If such operator has
been convicted of a misdemeanor or a felony substantially relating
to the activity being licensed, the Council may issue or deny such
renewal license.
A.
No Class "B" licensee shall employ any underage person,
but this shall not apply to hotels, restaurants or combination grocery
stores and taverns where not more than 20% of the gross revenue is
derived from the sale of intoxicating liquors.
B.
No club shall sell intoxicating liquors except to
members and guests invited by members.
C.
No Class "A" or "B" licensee shall sell or offer to
sell any intoxicating liquor to any person on credit excepting credit
extended by a hotel to a resident guest or a club to a bona fide member
and by grocers and druggists who maintain a credit system in connection
with other purchases as well. No licensee shall sell intoxicating
liquor to any person on a passbook or store order, or receive from
any person any goods, wares, merchandise or other articles in exchange
for intoxicating liquors.
D.
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 licensed premises.
E.
No gambling or game of chance of any sort shall be
permitted in any form upon the licensed premises. Slot machines or
any device of chance are prohibited and shall not be kept upon the
premises.
F.
Nude dancing in licensed establishments prohibited.
[Amended 11-2-1998 by Ord. No. 98-1515]
(1)
It is unlawful for any person to perform or engage
in, or for any licensee or manager or agent of the licensee to permit
any person, employee, entertainer or patron to perform or engage in,
any live act, demonstrations, dance or exhibition on the premises
of a licensed establishment which:
(2)
Exemptions. The provisions of this subsection do not
apply to the following licensed establishments: theaters, performing
arts centers, civic centers and dinner theaters where live dance,
ballet, music and dramatic performances of serious artistic merit
are offered on a regular basis and in which the predominant business
or attraction is not the offering to customers of entertainment which
is intended to provide sexual stimulation or sexual gratification
to such customers and where the establishment is not distinguished
by an emphasis on, or the advertising or promotion of, employees engaging
in nude erotic dancing.
(3)
Definitions. For purposes of this subsection, the
term "licensed establishment" means any establishment licensed by
the Common Council to sell alcohol beverages pursuant to this chapter.
The term "licensee" means the holder of a retail "Class A," "Class
B," Class "A," Class "B" or "Class C" license granted by the Common
Council.
A.
License created. There is hereby created a license
to be called "underage tavern license," which may be granted only
to holders of Class B licenses. No Class B license holder may allow
underage persons on the premises without first obtaining an underage
tavern license.
B.
Application. Any holder of a Class B license who wishes
to allow underage persons on the premises shall make application to
the City Clerk on forms provided by the City Clerk. The City Clerk
is authorized to consult with the License Committee and devise and
revise from time to time an application form. Each application shall
be submitted to the City Clerk at least 15 days prior to issuance.
Notice of the application shall be published as a Class I notice.
The License Committee shall consider the application and the City
Council shall authorize the City Clerk to issue the license.
C.
Fee. A license fee of $120 and publication charge
of $10 shall accompany each application. If the license is not granted,
the license fee shall be refunded.
D.
Terms and conditions of license.
(1)
Period. The license is for a period of one year or
part thereof and shall expire on June 30 following its issuance.
(2)
Consent to inspection. All license holders shall consent
to warrantless inspection of premises and consent forms at any reasonable
hour by police officers.
(3)
Number of events. The license allows the holder to
hold a maximum of one event per month at which underage persons are
allowed to be on the premises.
(4)
Notification. The holder of the license shall notify,
in writing, the Police Department and City Clerk at least 48 hours
in advance of the dates and hours when underage persons will be allowed
on the premises and the names and addresses of all adult supervisors.
(5)
Supervision. No license holder may hold an event unless
there is at least one adult supervisor 25 years of age or older for
every 25 underage persons on the premises.
(7)
Ages. No license holder shall allow any person under
age 15 or over age 20 upon the premises during an event, except for
the license holder, employees of the license holder and supervisors.
With the above exceptions, no person not age 15 to 20 may be on the
premises during an event.
(8)
Parental consent. No license holder shall allow any
person under age 18 to be on the premises without the written, signed
and dated consent of a parent or guardian, with address and phone
number on file on the premises.
(9)
Gambling. No gambling or game of chance shall be permitted
on the licensed premises.
(11)
No alcohol consumed. No alcohol may be consumed, sold
or given away to any person, regardless of age, during events.
E.
EVENT
PREMISES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A period of time within a continuous twenty-four-hour period
when underage persons are allowed on a premises to which a Class B
license and an underage tavern license have been issued.
Both the inside of the building and so much of the outside
of the building as is owned or occupied by the license holder.
F.
Penalty.
(1)
Revocation or suspension. Section 125.12, Wis. Stats.
shall apply to proceedings to revoke or suspend underage tavern licenses.
Licenses may be revoked or suspended for violation of the terms and
conditions of the license or for other cause. The City Council may
initiate the procedure on its own motion.
A.
Indoor sales. Closing hours during which no patron
or guest shall be permitted to enter or remain on a Class B licensed
premises shall be as follows:
B.
Outdoor sales.
(1)
No holder of a Class B license may sell any alcohol
beverage anytime between the hours of 11:00 p.m. and 10:00 a.m. the
following day in any place outdoors or in any building not confined
by four walls.
(2)
Any holder of a Class B license authorized to sell
beverages outdoors or in any building not confined by four walls may
sell such alcohol beverages only on days when another activity is
also taking place (e.g., automobile racing, baseball games, etc.).
Hales Corners Speedway and Hardhitters' Park are declared to be legally
nonconforming licenses and may not expand or be discontinued for longer
than 12 months. Failure to comply with these rules shall subject the
licenses to nonrenewal for outdoor sales and consumption.
(3)
No person may consume any alcohol beverage between
the hours of 11:00 p.m. and 10:00 a.m. in any place open to the public
which is not inside a building.
C.
Class A Retail and Class A Combination Licenses; sale
for consumption away from Class B premises. Class A premises and premises
operating under a Class A Combination License may remain open for
the conduct of their regular business but may not sell fermented malt
beverages between 9:00 p.m. and 8:00 a.m. Between 9:00 p.m. and 6:00
a.m., no person may sell fermented malt beverages on Class B premises
in an original unopened package, container or bottle or for consumption
away from the premises.
A.
Procedure. Except as hereinafter provided, § 125.12,
Wis. Stats. shall apply to proceedings for the revocation or suspension
of all licenses or permits granted under this chapter. Revocation
or suspension proceedings may be instituted by the Council upon its
own motion by adoption of a resolution.
B.
Repossession of license or permit. Whenever any license
or permit under this chapter shall be revoked or suspended by the
Council or action of any court, the Clerk shall notify the licensee
or permittee of such suspension or revocation and shall notify the
Chief of Police, who shall take physical possession of the license
or permit wherever it may be found and file it in the Clerk's office.
C.
Effect of revocation of license. No license shall
be issued to any person who has had a license issued pursuant to this
chapter revoked within 12 months prior to application.
D.
Hearing. The City Council shall not refuse to renew
an alcohol beverage license for nonpayment of taxes, charges, assessments
or forfeitures or compliance with building, plumbing, electrical,
zoning and fire codes without first giving the applicant notice and
a hearing as set forth in § 125.12, Wis. Stats., as amended
from time to time.