[HISTORY: Adopted by the Common Council of
the City of Mayville 2-13-1989 by Ord. No. 695-89 as §§ 12.02
and 12.15 of the 1989 Code; amended by Ord. No. 716-90; Ord. No. 720-90B; Ord. No. 727-91; Ord. No. 743-91; Ord. No. 775-93; Ord. No. 818-95. Subsequent amendments noted where
applicable.]
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:
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]
Twenty-one years of age.
A person who has not attained the legal drinking age.
[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.
F.
"Class C" wine 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.
A.
Application. 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 City Clerk. Operator's licenses shall be operative only within the City limits. All applications for an operator's license shall be filed in the office of the City Clerk. No license shall be issued until the applicant has complied with Subsection B or C below.
[Amended 3-10-2008 by Ord. No. 1006-2008]
B.
Written examination required. No license shall be issued to an individual who has not successfully completed a written examination in another community or who has not complied with Subsection C below, the administration of which shall be determined by the Chief of Police. Two attempts to successfully complete the examination shall be permitted. In the event that an individual fails to successfully complete the examination after the second attempt, said individual shall be required to wait a period of 60 days before retaking the test.
C.
Responsible beverage services course. Any individual
applying for an operator's license who has never had an operator's
license anywhere in the State of Wisconsin or held such a license
more than two years prior to making application to the City Clerk
is required to attend, pursuant to the Wisconsin Department of Revenue
Alcohol Beverage Bill (SB 462), the Responsible Beverage Services
Course. In the event that any applicant for an operator's license
has completed the four-hour course titled "Responsible Beverage Services
Course" offered by Moraine Park Technical Institute or another course
of similar content and scope, said individual shall not be required
to take a written examination given by the Chief of Police.
D.
Investigation. The Mayville 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 Common Council
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. Upon receipt of recommendation from the Chief
of Police, the City Clerk shall cause the name of the applicant to
be placed on the agenda of the Common Council for action to either
grant or deny the application for license.
[Added 3-10-2008 by Ord. No. 1006-2008]
A.
General. No person shall vend, sell, deal or traffic
in or, for the purpose of evading any law or ordinance, give away
any liquor or fermented malt beverages, or cause the same to be done,
without having procured a license as provided in this chapter nor
without complying with all provisions of this chapter and all statutes,
ordinances and regulations applicable thereto. 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 liquor and fermented malt beverages are kept,
sold or offered for sale. No license shall be issued to any person
for the purpose of possessing, selling or offering for sale any liquor
or fermented malt beverage in any dwelling, house, flat or residential
apartment.
B.
Furnishing alcohol beverages in hotel and motel rooms.
Pursuant to the provisions of §§ 125.26(2m) and 125.51(3)(bm),
Wis. Stats., a Class "B" or "Class "B" license, respectively, authorizes
a person operating a hotel or motel to furnish registered guests of
legal drinking age fermented malt beverages and intoxicating liquor,
respectively, in original packages.
C.
Picnic licenses issuance by Clerk. Pursuant to 1989
Act 253 amending §§ 125.26(1) and 125.51(1)(a), Wis.
Stats., the City Clerk shall have authority to issue temporary Class
"B" licenses (picnic licenses) upon proper application.
[Amended 3-10-2008 by Ord. No. 1006-2008]
D.
Retail "Class C" licenses. The Clerk may issue a "Class
C" license for the retail sale of wine by the glass or in an unopened
original container for consumption on the premises where sold. 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 alcohol beverages
accounts for less than 50% of gross receipts and which does not have
a bar room. 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.
A.
Natural persons. Licenses related to alcohol beverages
issued to natural persons under this chapter may be issued only to
persons who:
(1)
Do not have an arrest or conviction record, subject
to §§ 111.321, 111.322 and 111.335, Wis. Stats.
(2)
Have been residents of this state continuously for
at least 90 days prior to the date of application.
[Amended 3-10-2008 by Ord. No. 1006-2008]
(3)
Have attained the legal drinking age, except that
operators' licenses may be issued to persons who have attained the
age of 18.
B.
Criminal offenders. No license or permit related to
alcohol beverages may, subject to §§ 111.321, 111.322
and 111.335, Wis. Stats., be issued under this chapter to any natural
person who has been convicted of a felony unless the person has been
duly pardoned.
A.
"Class B" intoxicating liquor license quota. The number
of "Class B" intoxicating liquor licenses to be issued hereunder is
limited to the number permitted under § 125.51(4), Wis.
Stats., i.e., 16.
B.
"Class A" intoxicating liquor and Class “A”
fermented malt beverage license quota. Not more than two retail “Class
A” intoxicating liquor licenses shall be issued for each 3,500
inhabitants in the City. The number of Class “A” fermented
malt beverage licenses shall not be limited unless required by state
law.
[Amended by Ord. No. 876-99; 3-11-2010 by Ord. No. 1021-2010; 4-11-2011 by Ord. No. 1027-2011]
(1)
Intoxicating
liquors, fermented malt beverages, and wine may be displayed in areas
not devoted exclusively to retail liquor sales. Fermented malt beverages
and intoxicating liquors may be paid for in other areas of the license
holder’s premises that are not devoted exclusively to retail
liquor sales as long as the license holder insures that there are
sufficient safeguards to prevent the unauthorized sale of fermented
malt beverages or intoxicating liquors.
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.[1]
[1]
Editor's Note: Original § 12.02(10)(d),
Sales by clubs, which immediately followed this subsection, was repealed
5-10-2004 by Ord. No. 958-2004.
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.[1]
[Amended 3-10-2008 by Ord. No. 1006-2008]
[1]
Editor's Note: Original § 12.02(12),
Location of Class "B" premises restricted, which immediately followed
this section, was repealed 5-10-2004 by Ord. No. 958-2004.
A.
Sale restrictions. Pursuant to § 125.51(3)(b),
Wis. Stats., no person may sell intoxicating liquor in an original
unopened package, container or bottle for consumption away from the
premises in excess of four liters at any one time on any premises
for which any "Class B" intoxicating liquor license or combination
Class B alcohol beverage license has been issued. However, packaged
goods sales of fermented malt beverages and wine from such premises
may be made in any quantity.
B.
Hours of sale. Between the hours of 12:00 midnight
and 8:00 a.m., no person may sell any packaged goods from any Class
B licensed premises.
A.
Restrictions. Pursuant to § 125.07(3), Wis.
Stats., an underage person not accompanied by his parent, guardian
or spouse who has attained the legal drinking age may not enter or
be on any premises for which a license or permit for the retail sale
of alcohol beverages has been issued for any purpose except the transaction
of business pertaining to the licensed premises with or for the licensee
or his employee. The business may not be amusement or the purchase,
receiving or consumption of edibles or beverages or similar activities
which normally constitute activities of a customer of the premises.
B.
Exceptions. Subsection A above shall not apply to:
(1)
An underage person who is a resident, employee, lodger
or boarder on the licensed premises.
(2)
An underage person who enters a Class A premises for
the purpose of purchasing edibles and soft drinks and immediate thereafter
leaves such premises.
(3)
Hotels, drugstores, grocery stores or bowling alleys
or athletic fields or stadiums owned by a county or municipality.
(4)
Licensed restaurants where the principal business
is that of a restaurant.
(5)
A person who is at least 18 years of age and who is
working under a contract with the licensee to provide entertainment
for customers on the premises.
(6)
An underage person who enters on Class "B" or "Class
B" premises on dates specified by the licensee when no alcohol beverages
will be consumed, sold or given away. The licensee shall notify the
Police Department of such specified dates; unless all alcohol beverages
are stored in a locked portion of the premises, the licensee or a
licensed operator must be on the premises at all times.
A.
Restrictions. Pursuant to § 125.07(4)(b)
and (bm), Wis. Stats., no underage person not accompanied by a parent,
guardian or spouse who has attained the legal drinking age may knowingly
possess or consume alcohol beverages.
B.
Exceptions. An underage person may possess alcohol
beverages if employed by any of the following:
(1)
A brewer.
(2)
A fermented malt beverages wholesaler.
(3)
A permittee other than a Class "B" or "Class B" permittee.
(4)
A facility for the production of alcohol fuel.
(5)
A retail licensee or permittee under the conditions
specified in § 125.32(2) or 125.68(2), Wis. Stats., or for
delivery of unopened containers to the home or vehicle of a customer.
(6)
A campus, if the underage person is at least 18 years
of age and is under the immediate supervision of a person who has
attained the legal drinking age.
C.
Selling or serving alcohol beverages. Pursuant to
§§ 125.32(2) and 125.68(2), Wis. Stats., any underage
person who is at least 18 years of age may sell or serve alcohol beverages
on any Class A or Class B premises, provided that such underage person
is under the immediate supervision of the licensee, agent or manager,
or a licensed operator who is on the premises at the time of such
sale or service.
A.
Procedure. Except as hereinafter provided, the provisions
of § 125.12(2) and (3), Wis. Stats., shall be applicable
to proceedings for revocation or suspension of licenses or permits
granted under this chapter. Revocation or suspension proceedings may
be initiated upon written complaint by the Mayor or the Chief of Police
or by the Council upon its own motion.
B.
Repossession of license or permit. Whenever any license
or permit shall be revoked or suspended pursuant to this section,
the City Clerk shall notify the licensee or permittee and the Chief
of Police of such revocation or suspension and the Chief of Police
or his designee shall take physical possession of the license or permit
wherever it may be found and file it in the office of the City Clerk.
[Amended 3-10-2008 by Ord. No. 1006-2008]
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.
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.
