The provisions of Ch. 125, Wis. Stats., relating
to the sale of intoxicating liquor, fermented malt beverages and wine,
except §§ 125.03, 125.075, 125.19, 125.29, 125.30,
125.33, 125.52, 125.53, 125.54, 125.55, 125.56, 125.58, 125.60, 125.61,
125.62, 125.63, 125.65 and 125.69, exclusive of any provisions thereof
relating to the penalty to be imposed or the punishment for violation
of said statutes, are hereby adopted and made a part of this chapter
by reference. A violation of any such provision shall constitute a
violation of this chapter.
As used in this chapter, the following definitions
apply:
INTOXICATION
A state in which someone is incapable of normal speech, actions
or thought due to the ingestion of excessive amounts of alcohol. Black’s
Law Dictionary defines "impair" as to weaken, to make worse, to lessen
in power, diminish or release, or otherwise affect in an injurious
manner.
[Added 9-14-2015 by Ord.
No. 1081-2015]
[Amended 3-10-2008 by Ord. No. 1006-2008]
Application for a license to sell or deal in
alcohol beverages shall be made in writing on the form prescribed
by § 125.04(3), Wis. Stats., and shall be filed, together
with the cost of publication as provided by § 125.04(3)(g)6,
Wis. Stats., with the City Clerk not less than 15 days prior to the
granting of the license. However, applications for licenses to be
issued under §§ 125.26(6) and 125.51(10), Wis. Stats.,
shall be filed with the City Clerk not less than three days prior
to the granting of the license. Further, as a condition of granting
an operator's license, the applicant shall sign a waiver permitting
the City to secure a record check of the applicant.
[Amended 3-10-2008 by Ord. No. 1006-2008; 10-13-2008 by Ord. No. 1011-2008]
The City Clerk shall notify the Chief of Police,
Chief of the Fire Department, and Building Inspector of each new application,
and these officials shall investigate each applicant and shall inspect
the premises 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 Clerk in writing the information derived from such investigation
accompanied by a recommendation as to whether a license should be
granted or refused, which shall be forwarded to the Common Council.
The City Treasurer-Comptroller shall also be notified. No licenses
shall be renewed without a reinspection of the premises and report
as originally required except that the Building Inspector is not required
to inspect the premises if the application is for an annual renewal
of license.
[Amended by Ord. No. 830-96; Ord. No. 907-2000; 4-18-2005 by Ord. No. 970-2005; 3-10-2008 by Ord. No. 1006-2008]
There shall be the following classes of licenses
which, when issued by the City Clerk under the authority of the Common
Council, after payment of the license fee and publication costs, shall
permit the holder to sell, deal or traffic in intoxicating liquors
or fermented malt beverages as provided in this chapter and Ch. 125,
Wis. Stats. Except as otherwise provided herein, license fees shall
be set by resolution of the Common Council.
A. Class "A" fermented malt beverage license.
B. Class "B" fermented malt beverage license. A six-month
license may not be renewed in the same calendar year.
C. Temporary Class "B" license (picnic license), issued
to organizations enumerated in § 125.26(6), Wis. Stats.,
to sell or serve fermented malt beverages and wine containing not
more than 6% alcohol by volume at a picnic, meeting or gathering.
D. "Class A" intoxicating liquor license.
E. "Class B" intoxicating liquor license.
G. Wholesaler's fermented malt beverage license.
H. Operator’s license. The fee for an operator’s
license shall be set by the Common Council by resolution.
[Amended 4-11-2011 by Ord. No. 1028-2011]
I. Provisional operator's license. See § 125.17(5),
Wis. Stats.
J. Temporary operator's license. See § 125.17(4),
Wis. Stats.
K. Reserve "Class B" intoxicating liquor license. The
fee for initial issuance of reserve "Class B" intoxicating liquor
licenses shall be established by the Common Council in accordance
with § 125.51(3)(e)2, Wis. Stats. The annual fee for renewal
of a reserve "Class B" license is the fee established for a "Class
B" intoxicating liquor license.
(1) The City hereby finds that it is in the interest of
the public welfare to increase the property tax base, provide employment
opportunities, attract tourists, and generally enhance the economic
and cultural climate of the community by providing additional economic
incentives for new businesses with liquor licenses.
(2) After the granting of any new reserve "Class B" license and payment of the initial issuance fee, the applicant may file an application for an economic development grant of $10,000 with the Clerk. The Clerk shall determine whether the licensee is operating in compliance with the approved license. The Clerk may require the assistance of any other City agency in making said determination. If the Clerk determines that the licensee is so operating, the Clerk shall authorize the approval of the economic development grant. If the Clerk determines that the licensee is not in compliance with the approved license, no economic development grant may be authorized and the Clerk shall make such findings in writing and cause to be delivered a copy of the findings to the licensee. If the licensee disagrees with the Clerk's determination, the licensee may file a written notice of appeal upon the Clerk within 10 calendar days of delivery of the written notice of the Clerk's findings. Upon receiving such notice from the licensee, the Clerk shall relay the notice to the City Attorney and the Mayor for review pursuant to the administrative review procedure in Chapter
6 of this Code.
L. Provisional retail license. A provisional retail license
may be issued by the City Clerk to any person who has properly applied
for a Class "A," Class "B," "Class A," "Class B" or "Class C" license
and authorizes the activity that the type of retail license applied
for authorizes. The provisional license expires 60 days after its
issuance or when the license applied for is issued to the holder,
whichever is sooner. The City Clerk may revoke without a hearing the
provisional license if the Clerk discovers that the holder of the
license made a false statement on the application.
In addition to the conditions and restrictions
imposed by state law on the granting of Class A and Class B fermented
malt beverage licenses and intoxicating liquor licenses hereunder,
the following conditions and restrictions shall apply:
A. Consent to inspection of premises. It shall be a condition
of any license issued hereunder 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. If such inspection
is denied, such denial shall be deemed a violation of this chapter.
B. Violation by agents and employees. A violation of
this chapter by a duly authorized agent or employee of a licensee
shall constitute a violation by the licensee.
C. Sales to underage persons prohibited. No alcohol beverage
shall be sold, dispensed, given away or furnished to any underage
person unless he is accompanied by a parent, guardian or spouse who
has attained the legal drinking age.
D. Commencement of operations. Within 90 days after the
issuance of a "Class A" or "Class B" intoxicating liquor license,
the licensee shall be open for business with adequate stock and equipment.
Upon the owner's failure to do business within such time, the owner's
license shall be subject to revocation by the Council after a public
hearing. The Council may, for a good cause shown, extend such ninety-day
period.
E. Cessation of operations. If any licensee shall suspend
or cease doing business for 90 consecutive days or more, his "Class
B" intoxicating liquor license or his Class "B" fermented malt beverage
license shall be subject to revocation by the Council after a public
hearing. The Council may, for a good cause shown, extend such ninety-day
period.
F. Transfer of license. No license shall be transferable
from person to person except as provided in § 125.04(12)(b),
Wis. Stats., or from place to place, except as provided in § 125.04(12)(a),
Wis. Stats.
G. Safety and health requirements. No retail Class B
license shall be issued unless the premises to be licensed conforms
to the sanitary, safety and health requirements of the State Building
Code, the State Plumbing Code and the rules and regulations of the
State Department of Health and Family Services applicable to restaurants,
and also the premises shall conform to all ordinances and regulations
of the City.
H. Clear view of premises required. Except as otherwise
provided in this section, all windows in the front of any licensed
premises shall be of clear glass, unobstructed by any signs, advertising
material or venetian blinds, and the premises shall be so arranged
as to furnish a clear view of the entire premises from the sidewalk
at all times.
I. City taxes and claims. No license shall be granted
for operation on any premises upon which personal property taxes or
assessments or other financial claims of the City are delinquent and
unpaid.
J. Disorderly conduct and gambling 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.
K. Wearing apparel. All persons involved in the operation
of any licensed premises under this chapter, whether as licensee,
member of the immediate family of the licensee, licensed operator,
unlicensed operator under the supervision of the licensee or licensed
operator, waiter, waitress, entertainer, dancer or any other employee,
shall observe the following applicable minimum standards for such
licensed premises:
(1) The costume, uniform or attire of any female shall
be of nontransparent material and must completely cover the breasts
at all times. The lower portion of such costume, uniform or attire
must be of nontransparent material and completely cover the mons pubis
genitals and the buttocks at all times.
(2) The costume, uniform or attire of any male shall be
of nontransparent material and must completely cover the pubic area,
genitals and buttocks at all times.
L. Posting of licenses required. Licenses or permits
issued under this chapter shall be posted and displayed as provided
in § 125.04(10), Wis. Stats., and any licensee or permittee
who shall fail to post his license or permit as therein required shall
be presumed to be operating without a license.
M. Sale to intoxicated persons prohibited. No intoxicating liquor or
fermented malt beverages shall be sold or dispensed to or procured
for a person in an intoxicated condition or a condition such that
further consumption thereof is likely to result in an intoxicated
condition.
[Added 9-14-2015 by Ord.
No. 1080-2015]
No premises for which an alcohol beverage license
has been issued shall remain open for the sale of alcohol beverages
as follows:
A. Wholesale license. Between 5:00 p.m. and 8:00 a.m.,
except Saturdays when the closing hour shall be 9:00 p.m.
B. Retail "Class A" or Class "A" license. Between 9:00
p.m. and 8:00 a.m.
C. Retail Class B license. No premises for which a retail
Class B liquor and malt beverage license has been issued shall be
permitted to remain open for the sale of alcohol beverages between
the hours of 2:00 a.m. and 6:00 a.m., except that on Saturday and
Sunday the closing hour shall be 2:30 a.m. On January 1 there are
no closing hours.
D. Hotels and restaurants. Hotels and restaurants, the principal business of which is the furnishing of food and/or lodging to patrons, shall be permitted to remain open after closing hours for the conduct of regular business but shall not sell alcohol beverages during the closing hours stated in Subsection
C above.
E. Presence on premises after closing hour restricted.
(1) Any person who is not an employee of the licensee
who remains on the premises after the designated closing hour is subject
to the penalties as provided in this chapter.
(2) Any person, while on the premises after closing hours,
must be actively engaged in bona fide business activities and shall
not consume or allow to be consumed alcohol beverages after closing
hours.
[Amended 3-10-2008 by Ord. No. 1006-2008]
Except as otherwise specifically provided in this chapter, any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a forfeiture as provided in §
1-4 of this Code.