[HISTORY: Adopted by the Common Council of
the City of Burlington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-5-1988 by Ord. No. 1203(25)
as §§ 9.30 and 9.40 of the 1988 Code]
No person shall have in his possession on any
public street, sidewalk or alley, or municipal parking lot, or on
or in any motor vehicle on a public street, sidewalk or alley, any
open container of fermented malt beverages or intoxicating liquor.
No person shall have in his possession or consume
in any City park any fermented malt beverages or intoxicating liquor,
except with the permission of the Supervisor of Streets and Parks
or the Park Board.
[Added 6-6-1989 by Ord. No. 1263(9)]
No person shall have in his possession or consume
any fermented malt beverage or intoxicating liquor in any public place,
unless the owner, lessee or person in charge of such public place
has an appropriate retail license or permit. This section does not
apply to municipalities, buildings and parks owned by counties, regularly
established athletic fields and stadiums, school buildings, churches,
premises in a state fair park or clubs.
[Added 11-7-2012 by Ord. No. 1957(11)]
[Adopted 1-5-1988 by Ord. No. 1203(25)
as §§ 12.04 and 12.30 of the 1988 Code]
The provisions of Ch. 125, Wis. Stats., defining
and regulating the sale, procurement, dispensing, consumption and
transfer of alcohol beverages, including provisions relating to the
penalty to be imposed or the punishment for violation of such statutes,
are adopted and made a part of this article by reference. A violation
of any such provisions shall constitute a violation of this article.
A.
When required. Except as provided by § 125.06,
Wis. Stats., no person shall, within the City, serve, sell, manufacture,
rectify, brew or engage in any other activity for which this article
or Ch. 125, Wis. Stats., requires a license, permit or other authorization
without holding the appropriate license, permit or other authorization
as provided in this article. See § 125.04(1), Wis. Stats.
B.
Separate license required for each place of sale.
Except for licensed public warehouses, a license shall be required
for each location or premises which is in direct connection or communication
with each other where alcohol beverages are stored, sold or offered
for sale. See § 125.04(9), Wis. Stats.
The following classes and denominations of licenses
may be issued by the Clerk under the authority of the Common Council
after payment of the fee as set by the Common Council,[1] which, when so issued, shall permit the holder to sell,
deal or traffic in alcohol beverages as provided in §§ 125.17,
125.25, 125.26, 125.28 and 125.51, Wis. Stats. Except as otherwise
provided in this section, the full license fee shall be charged for
the whole or fraction of any year.
A.
Class "A" fermented malt beverage retailer's license.
See § 125.25, Wis. Stats. The fee for a license for less
than 12 months shall be prorated according to the number of months
or fraction thereof for which the license is issued.
[Amended 5-5-1993 by Ord. No. 1431(3); 11-18-2003 by Ord.
No. 1740(20)]
B.
Class "B" fermented malt beverage retailer's license.
See § 125.26, Wis. Stats. The fee for a license for less
than 12 months shall be prorated according to the number of months
or fraction thereof for which the license is issued.
[Amended 11-18-2003 by Ord. No. 1740(20)]
(1)
Six months. A license may be issued at any time for
six months in any calendar year, for which 50% of the applicable license
fee shall be paid, but such license shall not be renewable during
the calendar year in which issued. See § 125.26(5), Wis.
Stats.
(2)
Temporary (special gathering or picnic). See § 125.26(6),
Wis. Stats. An application for a temporary license must be submitted
to the Clerk at least 10 days prior to the event and, upon approval
by the Police Department, may be issued by the Clerk without Common
Council approval.
C.
Wholesaler's fermented malt beverage license. See
§ 125.28, Wis. Stats.
D.
Retail "Class A" liquor license. See § 125.51(2),
Wis. Stats.
E.
Retail "Class B" liquor license. A retail "Class B"
liquor license shall permit its holder to sell liquor in original
packages or containers in multiples in any quantity to be consumed
off the licensed premises. Wine may be sold in original packages or
otherwise in any quantity to be consumed off the premises. See § 125.51(3),
Wis. Stats.
[Amended 11-18-2003 by Ord. No. 1740(20); 7-16-2019 by Ord. No. 2050(16)]
(1)
A license may be issued after July 1 in any license
year which shall expire on the following June 30. The fee for the
license shall be prorated according to the number of months or fraction
thereof remaining until the following June 30.
(2)
Licenses valid for six months may be issued at any
time. The fee for such license shall be 50% of the annual license
fee. The license may not be renewed during the calendar year in which
issued. See § 125.51(9)(b), Wis. Stats.
F.
Operators. See § 125.17, Wis. Stats.
(1)
Operators' licenses may be granted to individuals
by the Common Council and/or by the City Clerk for the purposes of
complying with §§ 125.32(2) and 125.68(2), Wis. Stats.
[Amended 5-19-2020 by Ord. No. 2059(2)]
(2)
Operators' licenses may be issued only on written
application on forms provided by the Clerk.
(3)
Operators' licenses shall be valid for one year and
shall expire on June 30 of each year.
(4)
Provisional operator's license. A provisional license
may be issued by the City Clerk only to a person who has applied for
an operator's license. A provisional license may not be issued to
any person who has been denied a license by the Common Council. A
provisional license expires 60 days after its issuance or when a regular
operator's license is issued to the holder, whichever is sooner.
(5)
Temporary operator's license. A temporary license
may be issued only to operators employed by or donating their services
to nonprofit corporations. No person may hold more than one license
of this kind per year. The license is valid for any period from one
to 14 days, and the period for which it is valid shall be stated on
the license.
[Added 7-6-1993 by Ord. No. 1441(13)]
(6)
With respect to its issuance of an operator's license under the provisions of above Subsection F(1) by the City Clerk, (i) the City Clerk may refer the application to the Common Council for its consideration and decision, (ii) the applicant may appeal the denial of its application by the City Clerk to the Common Council for its consideration and decision, and (iii) the Common Council itself may review a decision of the City Clerk with respect to the granting and/or denial of an application for an operator's license, for the Common Council's own consideration and decision on the application. Any such appeal by the applicant to the Common Council, however, (i) shall be made by the applicant through a written notice to the City Clerk, within 30 days after the date of the decision by the City Clerk on the application, and (ii) if not so timely appealed, the ability to make such an appeal by the applicant to the Common Council shall automatically be deemed to be waived by the applicant.
[Added 5-19-2020 by Ord. No. 2059(2)]
G.
Retail "Class C" wine license. A retail "Class C"
wine license shall permit its holder to sell wine by the glass or
in an unopened original container for consumption on the premises
where sold.
[Added 12-3-1991 by Ord. No. 1364(32)]
H.
Reserve "Class B" liquor licenses. The fee for issuance
of a reserve liquor license shall be as set by the Common Council.
This fee shall be in addition to the annual fees as set out above.
The provisions of § 125.51, Wis. Stats., are applicable
to the transfer of these licenses.
[Added 11-21-2000 by Ord. No. 1643(47)]
[1]
Editor's Note: See Fee Schedule on file at
the City Clerk's office.
A.
Form. Application for a license to sell or deal in
intoxicating liquor or fermented malt beverages shall be made in writing
on forms prescribed by the Wisconsin Department of Revenue, or governing
body for operators' licenses, and filed with the Common Council. The
premises shall be physically described, including every room and storage
space to be covered by the license and including all rooms joined
by connecting entrances or not separated by a solid wall.
B.
Application to be notarized. The application shall
be signed and sworn to by the applicant as provided by § 887.01,
Wis. Stats.
A.
Statutory requirements. Licenses shall be issued only
to persons eligible therefor under § 125.04, Wis. Stats.
B.
Location.
(1)
No retail "Class A" or "Class B" 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
the premises covered by the license.
C.
Violators of liquor or beer laws or ordinances. No
retail Class A or B license shall be issued to any person who has
been convicted of a violation of any federal or state liquor or fermented
malt beverage law or the provisions of this article, or whose license
has been revoked under § 125.12, Wis. Stats., 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.
D.
Health and sanitation requirements. No retail "Class
B" or "Class C" license shall be issued for any premises which does
not conform to the sanitary, safety and health requirements of the
State Department of Commerce 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 Common Council.
[Amended 11-18-2003 by Ord. No. 1740(20)]
E.
License quota. The number of persons and places that
may be granted a retail "Class B" liquor license under this article
is limited as provided in § 125.51(4), Wis. Stats.
F.
Corporations. No corporation organized under the laws
of this state, any other state or foreign country may be issued any
alcohol beverage license or permit unless such corporation meets the
requirements of § 125.04(6), Wis. Stats.
G.
Age requirement. No license hereunder, except an operator's
license, shall be granted to any person who has not attained the legal
drinking age. Operators' licenses may be issued only to applicants
who have attained the age of 18.
[Amended 11-18-2003 by Ord. No. 1740(20)]
H.
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.
I.
Delinquent taxes, assessments and claims. No 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, including unpaid forfeiture
judgments, to the City.
J.
Issuance for sales in dwellings prohibited. No 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.
K.
No "Class B" fermented malt beverage retailer's license, and/or a retail "Class B" liquor license, and/or a retail "Class C" wine license, and/or a reserve "Class B" liquor license shall be issued to any applicant unless, among any other required qualifications, the applicant, within 90 days of the issuance of the license, conducts an active retail business that is open to the public, and utilizes such license to conduct sales of alcohol beverages in the manner for which such license was issued (and thereafter continues to actively use such license accordingly) on the premises for which the license is issued. If the requested license is issued to the applicant, and if the applicant fails to timely comply with the provisions of this Subsection K, then the City may take steps, should it so elect, to revoke and/or fail to renew the said license.
[Added 2-18-2014 by Ord.
No. 1977(1); amended 6-6-2023 by Ord. No. 2096(2)]
[Amended 11-18-2003 by Ord. No. 1740(20)]
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 by law. The Clerk shall affix
his or her affidavit.
A.
As to person. No license shall be transferable as
to licensee except as provided by § 125.04(12), Wis. Stats.
B.
As to place. Licenses issued pursuant to this article
may be transferred to another premises once during any license year
as provided in § 125.04(12), Wis. Stats. Application for
such transfer shall be made on blanks furnished by the State Department
of Revenue. Proceedings for transfer shall be had in the same manner
and form as the original application.
Every license or permit required under this
article shall be framed and posted and at all times displayed as provided
in § 125.04(10), Wis. Stats. No person shall post such license
or permit any other person to post it upon premises other than those
mentioned in the application or knowingly deface or destroy such license.
A.
Gambling and disorderly conduct prohibited. Each licensed
and permitted premises shall, at all times, be conducted in an orderly
manner, and no disorderly, riotous or indecent conduct or gambling
(except as provided by state law) shall be allowed at any time on
any such premises.
B.
Employment of underage persons. No licensee shall
employ any underage person who does not have a valid operator's license
to serve, sell, dispense or give away any alcohol beverage.
C.
Sales by clubs. No club shall sell intoxicating liquors
or fermented malt beverages except to members and guests invited by
members.
D.
Safety and sanitation requirements. Each licensed
premises shall be maintained and conducted in a sanitary manner and
shall be a safe and proper place for the purpose for which used.
E.
Underage persons. The provisions of §§ 125.07(1)
and (4)(a), (b) and (bm), 125.085(3)(b) and 125.09(2), Wis. Stats.,
regulating underage persons, are adopted in their entirety, inclusive
of the penalties provided therein. In addition to those provisions:
[Added 8-2-1988 by Ord. No. 1219(12); amended 11-18-2003 by Ord. No. 1740(20)]
(1)
No underage person shall enter, remain or loiter in
any public or private place, with the exception of any premises for
which a license or permit for the retail sale of alcohol beverages
has been issued, where any fermented malt beverage or other alcohol
beverage is sold, dispensed, given away or made available to underage
persons, unless accompanied by a parent, guardian or spouse who has
attained the legal drinking age.
(2)
No person of legal drinking age shall suffer or permit
any underage person to enter, remain or loiter in any premises, public
or private, where fermented malt beverages or other alcohol beverages
are served, sold, dispensed, given away or made available to underage
persons, except any premises for which a license or permit for the
retail sale of alcohol beverages has been issued, unless such underage
person is accompanied by a parent, guardian or spouse who has attained
the legal drinking age.
F.
Keg registration.
(1)
KEG
TAG
Definitions. For the purposes of this subsection,
the following definitions shall apply:
Any container capable of holding two or more gallons of fermented
malt beverage (beer), which is designed to dispense fermented malt
beverage directly from the container for purposes of consumption.
Any tamper-proof tag, seal, sticker, or device approved by
the City of Burlington which is designed to be affixed to a keg and
which displays a registration number and such other information as
may be required by the City.
(2)
Purpose. The identification of purchasers/providers
of kegs of fermented malt beverages for consumption by underage persons
is a major law enforcement concern in the City of Burlington. When
kegs are found where underage persons are present, it is necessary
to readily identify those responsible. The investigation of offenses
involving the furnishing of alcohol to minors and related offenses
involving kegs is inhibited by the inability to identify who purchased
the keg. Registration/identification information must be available
on all kegs sold in the City. Individual identification number, purchaser
and retail seller identity information will better enable law enforcement
to identify providers of kegs to underage persons. Therefore, it is
in the public interest to require reasonable keg registration/identification
provisions as hereinafter set forth. This subsection provides for
the registration and documentation of retail sales of kegs in the
City.
(3)
Registration procedure. No retail licensee of fermented malt beverages may sell fermented malt beverages in a keg for off-site consumption (at a location which does not hold a fermented malt beverage license) without having registered the sale on a registration log containing the information and declaration required in Subsection F(3)(a), and having tagged the keg as required under Subsection F(3)(b).
(a)
The following shall be required for completion
of the registration log:
[1]
Purchasers shall provide a current government-issued
photo identification with the purchaser's name, address and individual
identification number to the seller, who shall view the identification
and then record and document the purchaser's name and address in a
log. The log shall also contain the individual keg tag identification
assigned to the keg by the seller and include the date of sale and
indicate that the photo identification that was produced was matched
to the purchaser. The log shall also contain the identity of each
person, owner or employee who sold each keg to each purchaser.
[2]
The purchaser shall sign a statement on the
registration log containing the following declaration:
[a]
The purchaser is of legal age to
purchase, possess and consume fermented malt beverages.
[b]
The purchaser will not allow any
person under the age of 21 years, unless authorized by state law,
to consume the beverage.
[c]
The purchaser will not remove,
obliterate, or allow to be removed or obliterated, the tag required
under this subsection to be affixed to the container.
(b)
Sellers shall assign, record and attach to each
retail keg sold for off-site consumption an individual keg tag at
or before the time of sale to the purchaser.
(c)
Sellers of kegs shall obtain the individual
keg tags from the Police Department, which shall record to whom the
consecutively numbered tags are distributed and shall restrict the
distribution of the tamper-proof tags to licensed alcoholic beverage
retailers. The Police Department shall keep the record of distribution
for one year.
(4)
Keg return procedure. Sellers shall record the return
of the keg on the registration log and shall remove the individual
keg identification tamper-proof tags from the kegs when they are returned.
(5)
Sellers' registration logs. Sellers' registration
logs shall be kept by the seller, at the place of business, for a
minimum period of six months from the date of sale. If the seller
goes out of business, registration logs less than six months old shall
be delivered to the Police Department. Sellers shall provide keg registration
logs to the Burlington Police Department upon request.
(6)
This subsection does not apply to keg sales to fermented
malt beverage licensees.
(7)
Keg possession requirements and restrictions. No person
shall possess a keg after the effective date of this subsection without
an intact and legible keg tag attached (except for retail sellers
of kegs and fermented malt beverage licensees).
(8)
Penalty for violation; seizure of keg; affirmative
defense.
(a)
A seller or purchaser or other person who violates
any of the above requirements and/or restrictions imposed by this
subsection shall be subject to a forfeiture not to exceed $ 500 per
violation, plus all applicable costs.
[1]
Editor's Note: This ordinance reaffirmed Ord. No. 1846(19)
and removed the sunset date that had been set forth in that ordinance.
No premises for which an alcohol beverage license
has been issued shall remain open for the sale of alcohol beverages:
A.
If a wholesale license, between 5:00 p.m. and 8:00
a.m., except on Saturday when the closing hour shall be 9:00 p.m.
B.
If a retail "Class A" or Class "A" license, between
9:00 p.m. and 6:00 a.m. If, however, the retail establishment is permitted
by the City to be open during the hours listed herein for the sale
of other items, the establishment shall close its alcohol beverage
section and shall not make any sale of alcohol beverages during these
hours.
[Amended 11-18-2003 by Ord. No. 1740(20); 2-21-2012 by Ord. No. 1944(21); 9-16-2014 by Ord. No. 1987(6)]
C.
If a retail "Class B," Class "B" or "Class C" license,
between 2:00 a.m. and 6:00 a.m. on weekdays and between 2:30 a.m.
and 6:00 a.m. on Saturdays and Sundays. On January 1, premises operating
under a Class "B" or "Class B" license are not required to close.
No package, container or bottle sales may be made after 12:00 midnight.
[Amended 11-18-2003 by Ord. No. 1740(20)]
D.
Hotels and restaurants, the principal business of
which is the furnishing of food or lodging to patrons, bowling alleys,
indoor horseshoe pitching facilities, curling clubs, golf courses
and golf clubhouses may remain open for the conduct of their regular
business, but no intoxicating liquors or fermented malt beverages
shall be sold during prohibited hours.
[Added 4-4-2012 by Ord. No. 1945(22)[1]]
A.
Proceedings
for the revocation, suspension, and/or failure to renew licenses may
be instituted under and pursuant to the provisions of § 125.12
of the Wisconsin Statutes (as may be amended from time to time and/or
renumbered).
B.
The City Administrator may, should he so elect, establish a demerit point system with respect to persons or entities that hold licenses, ascribing a particular number of demerit points to a license holder for a given violation of the laws applicable to alcohol beverages. Any such demerit point system, however, shall only be advisory to the City Administrator in his monitoring of the conduct of license holders and shall not constitute any type of mandatory or legal condition precedent for the institution of a proceeding against a license holder under above Subsection A.
A violation of this article by an authorized
agent or employee of a licensee shall constitute a violation by the
licensee.
[Amended 11-18-2003 by Ord. No. 1740(20)]
In addition to the suspension or revocation of any license or permit issued under this article and unless otherwise provided herein or under Ch. 125, Wis. Stats., any person who shall violate any provision of this article shall be subject to a penalty as provided in Chapter 1, § 1-4 of this Municipal Code.
