[Amended 4-2-2014 by Ord.
No. 1361]
A. All of
Ch. 125, Wis. Stats., as it may be amended from time to time, is hereby
incorporated by reference, exclusive of penalty provisions, and except
where such conflicts with greater restrictions adopted by this Code.
Where there is such a conflict the greater restrictions of this Code
shall prevail. A violation of any provision of Chapter 125 shall constitute
a violation of this Code.
B. Regulation
of underage persons. The provisions of §§ 125.07(4)(a),
(b) and (bm), 125.085(3)(b) and 125.09(2), Wis. Stats., as amended
from time to time, are hereby incorporated by reference, and any violation
of such section(s) shall constitute a violation of this Code.
C. Municipal
Exception. Pursuant to Section 125.06(6) of the Wisconsin Statutes,
City officers and employees may sell fermented malt beverages in any
public park operated by the City of St. Francis subject to the following
conditions:
(1) Sales
may occur only immediately prior to and during a City-sponsored event
at such park, as authorized for such event by the Common Council following
recommendation by the Licensing Committee;
(2) Sales
under this section shall be by City officers and employees under this
section who have been reasonably trained;
(3) Sales
under this section shall only be to adults, and all such sales shall
be conducted in accordance with all applicable state laws and in a
manner that preserves the reputation of the City of St. Francis.
The City Clerk or any other official charged
with the duty of collecting license fees shall charge and collect
the fees provided by the current fee schedule on file with the City
Clerk.
A. All applicants for "Class A" and "Class B" intoxicating
liquor licenses shall pay a fee in addition to other fees to cover
the costs of the required publication and other expenses incidental
to such publication. The fee for late publication shall be as provided
by the current fee schedule.
B. The fee for a reserve "Class B" intoxicating liquor
license is a one-time fee, payable by cashier's or certified check.
Upon verification by the City Treasurer that such funds have been
paid to the City and are available to the City, the City Treasurer
shall rebate the difference between the fee paid and any applicable
licenses applied for under this chapter.
In addition to the restrictions contained above,
the following shall also apply:
A. No patron or guest shall be permitted to remain in
the licensee's premises after closing hours, except that hotels and
restaurants whose principal business is the furnishing of food or
drinks or lodging to patrons, and bowling alleys and golf courses,
may remain open for the conduct of their regular business, and patrons
and guests may remain in the licensee's premises, but no intoxicating
liquors nor any fermented malt beverages may be sold during the prohibited
hours.
B. All premises for which a Class B license shall have
been issued shall be so arranged as to continuously furnish a clear
view from the sidewalk, and no curtains, picture(s), sign(s) and other
obstruction(s) that interfere with such clear view shall be maintained.
The provisions of this subsection, however, shall not apply to bona
fide clubs, hotels, and restaurants.
[Amended 7-1-2008 by Ord. No. 1259; 7-6-2021 by Ord. No. 1475]
C. No person shall permit and no person shall dance while
nude or seminude in any premises licenses under this chapter.
[Amended 7-1-2008 by Ord. No. 1259]
D. Upon receipt of any application for any license under
this chapter, the City Clerk shall forward a copy of such application
to the Police Chief, who shall conduct a search of the criminal history
of every applicant and report to the Administration Committee his
findings.
[Amended 7-1-2008 by Ord. No. 1259]
E. Every premises shall comply with the sanitation requirements
as stated in the Wisconsin Administrative Code, as it may be amended
from time to time, and attached to each license application, renewal
or transfer shall be a statement from the licensee that he is in compliance
with such requirements.
F. Outdoor event permit.
[Added 4-3-2013 by Ord. No. 1343; amended 9-17-2013 by Ord. No.
1349; 4-7-2021 by Ord. No. 1474]
(1) No holder of any Class B or Class C license issued by the City of St. Francis, or any agent or employee of any such licensee, may cause, provide, maintain, suffer, or permit the use of any device(s) or equipment designed or used for the amplification of any live or prerecorded music, speech, or other sound on or about the exterior of any licensed premises [as defined in § 125.02(14m), Wis. Stats.] within the City of St. Francis without having first obtained an outdoor event permit under this section. A permit shall not be required under this section or §
273-3G, however, for any:
(a)
Event authorized or sponsored by the City of Saint Francis,
Milwaukee County, the various Boards of Education, or any political
subdivision of the State of Wisconsin;
(b)
Any event conducted by any local religious, fraternal organization,
or VFW post; or
(c)
Any political rally or fundraiser.
(2) The City Clerk may issue an outdoor event permit subject to all of
the following provisions having been fully complied with:
(a)
Application for such permit shall be made by the Class B or
Class C license holder in writing upon a form prescribed by and filed
with the City Clerk not less than 45 days prior to the date of the
proposed event. Identification and contact information for one or
more responsible parties to be present throughout authorized hours
shall be provided as part of the application process.
(b)
The fully completed outdoor event permit application shall be
submitted to the City Clerk together with all of the following:
[1]
The application fee prescribed by the Common Council from time
to time;
[2]
A site plan, survey, or scale drawing depicting the deck or
patio for which a permit is requested, seating, and location of musicians/performers
and the location and orientation of loudspeakers; and
[3]
The actual cost of providing notice as required under Subsection
F(2) below.
(c)
Not more than six outdoor event permits may be issued with regard to the same premises in any calendar year under this Subsection
F.
(d)
Prior to issuing any outdoor event permit under this section,
the City Clerk shall first confirm with the Police Chief (or his/her
designee) that no violation of Chapter 125 of the Wisconsin Statutes,
this chapter, or any permit issued under this section has occurred,
and that no citation for any such violation is then pending with regard
to the sale/service of alcohol on the licensed premises. In the event
of any violation or citation, the City Clerk may refer the permit
application to the Licensing Committee for a decision on the permit
application.
(e)
Upon issuing an outdoor event permit under this section, the
City Clerk shall mail notice to the owner of record of each property
located within 100 feet of the licensed premises.
(f)
An outdoor event permit, when issued, shall apply to one particular
twenty-four-hour period between the hours of 10:00 a.m. through 10:00
p.m. on such date.
(3) An outdoor event permit issued under this section shall be conditioned
upon full compliance with all applicable Wisconsin laws, the applicable
provisions of this Code, and full and continuous compliance with all
of the following:
(a)
The licensee must own or lease all area(s) that the permit applies
to;
(b)
The licensee shall be responsible for preventing any person
from bringing alcohol beverages onto the premises and from taking
any alcohol beverages off of the premises;
(c)
The licensee shall be responsible for taking reasonable precautions
to prevent violation of underage procurement, possession, and consumption
laws; and
(d)
The licensee shall be responsible for ensuring that patrons
and invitees do not obstruct pedestrian and/or vehicular travel on
any public right-of-way.
(4) The Licensing Committee shall have the authority to review compliance by licensees with the provisions of this section. In addition, following a public hearing, the Licensing Committee shall have the authority to suspend a licensee's ability to obtain and/or operate under a permit under this Subsection
F for not less than 30 nor more than 365 days. Such authority shall be conditioned upon the Licensing Committee finding that: the licensee has operated its premises under a permit issued under this Subsection
F in a manner that is incompatible and a nuisance to surrounding uses; that issuance of a permit under this Subsection
F is not in the public interest at that time; or that operations by the licensee under an outdoor event permit have unreasonably adversely affected the use of adjacent land(s). The licensee shall be given an opportunity to be heard on the matter, and any person aggrieved by a determination by the Licensing Committee hereunder may request a review by the Common Council of such determination.
G. Noise and vibration from licensed premises. Licensees shall be responsible
for monitoring noise, and related vibration, levels generated from
operations on the premises. Upon receipt of any complaint from any
neighboring property owner or occupant (either directly or via the
St. Francis Police Department), or upon request by any law enforcement
officer or employee of the City of St. Francis, the licensee shall
promptly undertake such measures as are necessary to ensure that the
licensee's activities do not:
[Added 9-17-2013 by Ord. No. 1349]
(1) Unreasonably disturb the peace, quiet, and comfort of neighbors in
residential or noise-sensitive areas, including multifamily or single-family
dwellings; or
(2) Result in emanation of unreasonably loud and raucous sound from any
loudspeaker, amplifier, public address system, or other device for
producing or reproducing sound; or
(3) Result in unreasonably loud and raucous noise from the premises,
including any outdoor area which is part of or under the control of
licensee; or
(4) Result in a violation of any provision of §
338-5 of this Code, Loud and unnecessary noise, as amended from time to time.
H. Truth of statements and affidavits; penalties.
[Added 9-17-2013 by Ord. No. 1349]
(1) All information and statements submitted to the City by any applicant
or licensee pertaining to an intoxicating liquor or fermented malt
beverage license shall be true.
(2) Submission of an application containing any untrue statement or affidavit
shall be grounds for denial of such application. In addition, any
person who submits in writing any untrue statement or affidavit to
the City in connection with any such license or application shall
be subject to prosecution for violation of this section. A license,
if granted, shall be subject to revocation and, if such license is
revoked, no intoxicating liquor or fermented malt beverage license
of any kind or nature whatsoever shall thereafter be granted to such
a person for a period of one year from the date of such revocation.
(3) Each individual application for an intoxicating liquor or fermented
malt beverage license shall contain a statement concerning the provisions
of this section and that a penalty is provided for any false statement
or false affidavit supplied by any such applicant or licensee.
I. "Class
B" licenses: sales for off-premises consumption.
[Added 3-20-2020 by Emergency Proclamation]
(1) Current
holders of valid "Class B" intoxicating liquor licenses issued by
the City of St. Francis shall also be entitled to sell intoxicating
liquor in original packages or containers, in quantities of not more
than four liters at any one time, to be consumed off the licensed
premises; provided, however, that wine may be sold in the original
package in any quantity to be consumed off the licensed premises.
(2) Any
person who shall purchase any bottle or container of intoxicating
liquor from any "Class B" intoxicating liquor licensee in the City
of St. Francis shall be prohibited from consuming the contents of
such bottle or container, either in part or in whole, on the licensed
premises.
J. Intoxicated
persons not to serve alcohol beverages. No person licensed under this
chapter or under the supervision of any person licensed under this
chapter shall serve alcohol on a licensed premises while intoxicated.
“Intoxication,” for purposes of this section, shall mean
having a blood alcohol content of 0.08 or more. Law enforcement officials
shall be allowed to ask for preliminary breath test with probable
cause. The provisions of § 125.07(2),Wis. Stats., regarding
the sale of alcohol beverages to intoxicated persons in violation
of this chapter is hereby adopted by reference and made an offense
punishable as a violation of this Code.
[Added 7-6-2021 by Ord. No. 1475]
K. Temporary
expansion of licensed premises. All licensees under this chapter granted
approval by the Council to expand the licensed premises shall submit
an application to the City Clerk/Treasurer together with a detailed
plan of operation and the application fee established by resolution
of the Common Council per event. A licensee applying for a temporary
expansion of the licensed premises shall also provide a proposed site
plan that includes a description of the method to be used during the
requested temporary expansion to fence in the lands to be encompassed
by the temporary expansion. In addition to complying with all alcohol
laws and this chapter, licensees granted approval for a temporary
expansion of licensed premises shall also be subject to such reasonable
rules and regulations as established by the Licensing Committee upon
recommendation of the Police Department, Fire Department, and/or the
City’s Health Officer.
[Added 7-6-2021 by Ord. No. 1475]
The City Clerk shall notify the Chief of Police,
Health Officer/Public Health Administrator, Chief of the Fire Department
and Building Inspector of each 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 each furnish
to the Common Council in writing the information derived from such
investigation accompanied by a recommendation as to whether a license
here should be granted or refused. No license shall be renewed without
a reinspection of the suitability of an applicant. Consideration shall
be given to 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.
In addition to qualifications in Wisconsin Statutes:
A. Natural persons. No license shall be granted to any
person or persons for the sale of any such malt beverage or intoxicating
liquor who is not of good moral character and a full citizen of the
United States and of this state.
(1) No license shall be granted or issued to any person
who has been a petty law offender or who has been convicted of any
offense against the laws of the United States or any laws of this
state punishable by imprisonment in the state prison or other penal
institution as felonies unless the person so convicted has been duly
pardoned. The provisions of this subsection shall not apply to a Wisconsin
corporation. Such provisions shall apply, however, to all officers
and directors of such corporation.
(2) Whenever any license shall be revoked at least 12
months shall elapse before any other license shall be granted to the
person whose license was revoked.
B. Restriction of corporations.
(1) No corporation organized under the laws of this state or of any other state or foreign country shall be given a license to sell in any manner any intoxicating liquor unless such corporation shall have first appointed, in such manner as the Commissioner of Taxation shall by regulation prescribe, as agent, a citizen of the United States who shall qualify the same as an applicant under Subsection
A hereof and shall have vested in him, by properly authorized and executed written delegation, full authority and control of the premises described in the license of such corporation and of the conduct of all business therein relative to intoxicating liquor, as the licensee itself could in any way have and exercise if it were a natural person resident in the state, nor unless such agent is, with respect to his character and record and reputation, satisfactory to the State Treasurer.
(2) No license shall be granted to any corporation when
more than 50% of the stock interest, legal or beneficial, is held
by any person or persons not eligible for a license under this chapter,
excepting the requirement herein as to residence in the City, and
each corporation applicant shall file with its application for such
license a statement by its officers showing the names and addresses
of the persons who are stockholders not eligible for a license to
sell intoxicating liquors, together with the amount of stock held
by such person or persons, and it shall be the duty of such corporation
applicant to file with the City Clerk a statement of transfers of
stock to persons not eligible for a license to sell intoxicating liquors
within 48 hours after such transfer of stock interest, legal or beneficial,
to any person or persons not eligible for a license under this chapter.
(3) The provisions of this chapter shall not apply to
duly organized fraternal organizations.
[Added 8-1-2006 by Ord. No. 1222]
A. Any person or entity holding an alcohol beverage license
governed by Ch. 125, Wis. Stats., other than a temporary or picnic
license under this chapter must be open to the public for retail sale
of beverages governed by this license for a minimum of 15 full business
days, for a minimum of six hours per day, each and every month;
B. Any person or entity holding an alcohol beverage license identified under §
273-1 other than a temporary or picnic license under this chapter who fails to have the licensee's premises open to the public for retail sale of beverages governed by this license for a minimum of 15 full business days, for at a minimum of six hours per day, shall be subject to license suspension and/or revocation pursuant to the provisions of Subsection
C.
C. Procedure for license revocation or suspension.
(1) Any resident of the City may file a sworn written
complaint with the City Clerk alleging violation of this section.
(2) Summons. Upon the filing of the complaint, the municipal
governing body or a duly authorized committee of the Common Council
shall issue a summons, signed by the Clerk and directed to any peace
officer in the municipality. The summons shall command the licensee
complained of to appear before the municipal governing body or the
committee on a day and place named in the summons, not less than three
days and not more than 10 days from the date of issuance, and show
cause why his or her license should not be revoked or suspended. The
summons and a copy of the complaint shall be served on the licensee
at least three days before the time at which the licensee is commanded
to appear. Service shall be in the manner provided under Ch. 801,
Wis. Stats., for service in civil actions in Circuit Court.
D. Procedure on hearing.
(1) If the licensee does not appear as required by the
summons, the allegations of the complaint shall be taken as true and
if the municipal governing body or the committee finds the allegations
sufficient, the license shall be revoked. The Clerk shall give notice
of the revocation to the person whose license is revoked.
(2) If the licensee appears as required by the summons
and denies the complaint, both the complainant and the licensee may
produce witnesses, cross-examine witnesses and be represented by counsel.
The licensee shall be provided a written transcript of the hearing
at his or her expense. If the hearing is held before the municipal
governing body and the complaint is found to be true, the license
shall either be suspended for not less than 10 days nor more than
90 days or revoked, except that, if a complaint under § 125.12(2)(ag)4,
Wis. Stats., is found to be true with respect to a license issued
under § 125.51(4)(v), Wis. Stats., the license shall be
revoked.
(3) If the hearing is held before a committee of the Common Council, the committee shall submit a report to the Common Council, including findings of fact, conclusions of law and a recommendation as to what action, if any, the Common Council should take with respect to the license. The committee shall provide the complainant and the licensee with a copy of the report. Either the complainant or the licensee may file an objection to the report and shall have the opportunity to present arguments supporting the objection to the Common Council. The Common Council shall determine whether the arguments shall be presented orally or in writing or both. If the Common Council, after considering the committee's report and any arguments presented by the complainant or the licensee, finds the complaint to be true, or if there is no objection to a report recommending suspension or revocation, the license shall be suspended or revoked as provided under Subsection
D(2).
(4) The Municipal Clerk shall give notice of each suspension
or revocation to the person whose license is suspended or revoked.
(5) If the municipal governing body finds the complaint
untrue, the proceeding shall be dismissed without cost to the accused.
If the municipal governing body finds the complaint to be malicious
and without probable cause, the costs shall be paid by the complainant.
The municipal governing body or the committee may require the complainant
to provide security for such costs before issuing the summons under
§ 125.12(2)(ar), Wis. Stats.
E. Effect of revocation. When a license is revoked under
this section, the revocation shall be recorded by the Clerk and no
other license issued under this chapter may be granted within 12 months
of the date of revocation to the person whose license was revoked.
No part of the fee paid for any license so revoked may be refunded.
F. Judicial review. The action of any municipal governing
body in granting or failing to grant, suspending or revoking any license,
or the failure of any municipal governing body to revoke or suspend
any license for good cause, may be reviewed by the Circuit Court for
the county in which the application for the license was issued, upon
application by any applicant, licensee or resident of the municipality.
The procedure on review shall be the same as in civil actions instituted
in the Circuit Court. The person desiring review shall file pleadings,
which shall be served on the municipal governing body in the manner
provided in Ch. 801, Wis. Stats., for service in civil actions and
a copy of the pleadings shall be served on the applicant or licensee.
The municipal governing body, applicant or licensee shall have 45
days to file an answer to the complaint. Following filing of the answer,
the matter shall be deemed at issue and hearing may be had within
five days, upon due notice served upon the opposing party. The hearing
shall be before the court without a jury. Subpoenas for witnesses
may be issued and their attendance compelled. The decision of the
court shall be filed within 10 days after the hearing and a copy of
the decision shall be transmitted to each of the parties. The decision
shall be binding unless it is appealed to the Court of Appeals.
In addition to the suspension or revocation of a license issued under this chapter, any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided by §
1-4 of this Code.