City of Hudson, WI Intoxicating Liquor and Fermented Malt Beverages

Whenever any Retail "Class A" liquor license, Retail Class "A" fermented malt beverage license, Retail "Class B" liquor license, Retail Class "B" fermented malt beverage license, or Retail "Class C" wine license becomes available, the City Clerk shall publish a notice in the official newspaper that the alcohol beverage license is available (identifying the type of license) and that further information is available from the City Clerk's office. The Common Council shall not consider any applications for said liquor license until 15 days have elapsed from the date of the public notice and all applicants applying within that fifteen-day period have met the waiting period required under state law. All provisions of state law and the Hudson City Code shall apply to the consideration of any liquor license applications.

[Amended 11-17-2003 by Ord. No. 12-03; 10-3-2005 by Ord. No. 16-05; 1-23-2012 by Ord. No. 2-12]

Exception. The public notice requirement established in Subsection E(1) shall not apply when a liquor license is surrendered, not renewed, or expires in connection with a sale, transfer, or some other similar change in an on-going business licensed for the sale of fermented malt beverages or intoxicating liquor and application for a comparable liquor license at that premises is made in connection with that sale/transfer or other change. While the above public notice shall not apply, all other provisions of state law and Hudson City Code shall apply to the consideration of a new license issued in connection with a sale/transfer or some other change in an on-going business licensed for the sale of liquor.

Editor's Note: Former Subsection D, regarding the forwarding of a duplicate application copy to the State Treasurer, was repealed 1-23-2012 by Ord. No. 2-12 as obsolete; said ordinance also redesignated former Subsection E as Subsection D.

§ 145-9 Investigation.

The Clerk shall notify the Finance Committee of the Common Council, and this Committee shall inspect or cause to be inspected each application and the premises and shall make 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. This Committee shall furnish to the Common Council, in writing, the information derived from such investigation accompanied by a recommendation as to whether a license shall be granted or refused. No license shall be renewed without a reinspection of the premises and report as originally required. In determining the suitability of an applicant, consideration shall be given to the 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.

§ 145-10 Restrictions on granting licenses.

[Amended by Ord. No, 12-87; Ord. No. 27-90]

No license or permit shall be granted to any person under the legal age set forth in W.S.A. ch. 125.

No license shall be issued until proof of a Wisconsin business tax registration certificate appropriate to the business has been obtained.

[Amended 5-1-2000 by Ord. No. 9-00]

Whenever any license shall be 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 any other license shall be granted to the person whose license was revoked.

No retail Class B licenses 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 Board of Health applicable to restaurants and all ordinances and regulations adopted by the City.

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 article.

No "Class A" retail intoxicating liquor license nor any Class "A" retail fermented malt beverage license shall be issued when the licensee operates other retail businesses open to the public (such as grocery stores or gas stations) unless the following requirements are met:

[Added by Ord. No. 18-97]

The licensed premises shall be in a separate room, bay or enclosure with access limited to customers of legal drinking age.

The licensed premises shall be restricted to the area of storage and the area where the product is displayed for sale.

The point of sale shall be on the licensed premises, which shall be separate from other checkout counters.

During all hours that the premises are open for sale, there shall be a licensed operator on the licensed premises.

No original license authorized by this article shall be issued to any corporation, limited liability corporation or partnership which has not first filed with the office of the City Clerk a current list of its officers, directors and shareholders or partners. If a corporation or limited liability company changes its name or its officers, directors, stockholders or members or managers, the Municipal Clerk must be notified, in writing, within 10 days.

[Added by Ord. No. 10-99; amended 6-20-2011 by Ord. No. 10-11]

§ 145-11 Granting of license.

[Amended 9-10-2001 by Ord. No. 10-01]

Opportunity shall be given by the Common Council to any person to be heard for or against the granting of any license. Upon the approval of the application by the Common Council and the payment of the license fee, the Clerk shall issue to the applicant a license. Each license shall be numbered in the order in which issued and shall specifically state the premises for which issued, the date of issuance, the fee paid and the name of the licensee. Except for picnic licenses, all licenses shall remain in force until July 1 next after the granting thereof unless sooner revoked in the manner provided by § 145-16.

The Common Council may, but is not required to, issue fermented malt beverage, wine, and intoxicating liquor licenses as such licenses become available. The Common Council establishes the following criteria to be used in evaluating applications for such fermented malt beverage, wine, and intoxicating liquor licenses, and any requests for transfer of any such licenses to a different location:

[Amended 10-3-2005 by Ord. No. 17-05]

The number of employees and creation of new jobs proposed by the applicant.

The expansion of the tax base resulting from any new construction that may be associated with the application.

The adequacy of parking and ability of City departments to provide services to any new establishment, including police protection.

Any adverse impact that the proposed premises may have upon adjoining neighborhoods or other businesses.

(5)

The number of alcohol beverage licensed establishments already operating in the area where the applicant seeks to establish a new alcohol beverage licensed business.

[Added 3-19-2007 by Ord. No. 3-07]

(6)

The proximity of the proposed alcohol beverage licensed business to other alcohol beverage licensed establishments in the area.

[Added 3-19-2007 by Ord. No. 3-07]

(7)

The potential future need for alcohol beverage licenses to be available in other areas of the City.

[Added 3-19-2007 by Ord. No. 3-07[1]]

Editor's Note: This ordinance also redesignated former Subsection B(5) as B(8).

(8)

Any other relevant criteria or matters that may be appropriate under the individual circumstances of each application.

§ 145-12 Conditions of license.

All retail Class A and B licenses granted hereunder shall be granted subject to the following conditions and all other ordinances and regulations of the City applicable thereto:

Every applicant procuring a license thereby consents to the entry of police or other duly authorized representatives of the City at all reasonable hours for the purpose of inspection and search and consents to the removal from such premises of all things and articles there had in violation of City ordinances or state laws and consents to the introduction of such things and articles in evidence in any prosecution that may be brought for such offenses.

No retail Class A or B licensee shall sell or offer to sell any intoxicating liquor or fermented malt beverage to any person on credit, excepting credit extended by a hotel to a resident guest or by 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 or fermented malt beverage 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 liquor or fermented malt beverages.

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 any licensed premises.

This article shall not apply to any gambling activities authorized and permitted by the Wisconsin statutes and by the Indian Gaming Act of 1988.

[Amended by Ord. No. 13-94]

No person shall peddle intoxicating liquor or fermented malt beverages from house to house where the sale is consummated and delivery made concurrently.

Timely start-up and continuation of business.

[Added 3-19-2007 by Ord. No. 3-07; amended 1-23-2012 by Ord. No. 2-12]

Ninety-day start-up/continuation of business. Timely start-up and continuation of business is an ongoing condition of an alcohol beverage license issued under this article. The Common Council may cancel, revoke, or not renew any license granted under this article if: 1) the privileges granted under the license are not exercised within 90 days after the granting of the license; or 2) the business for which the license was issued is discontinued or not open for business for the purpose of the license for a period of 90 consecutive days or more. Being open intermittently for periods of two days or less during the ninety-day period shall not be sufficient to avoid cancellation under this subsection.

Extension of ninety-day period. The Council, in its discretion, may extend the ninety-day start-up or continuation of business period in situations in which the applicant or licensee is not able to start up within 90 days, or continue to be open for business for 90 days, due to circumstances such as extensive remodeling of a licensed premises, or where the license is issued for new construction and the applicant shows that the construction cannot reasonably be completed within the ninety-day period, or other similar circumstances. The Council may require applicants/licensee requesting such an extension to provide information documenting and supporting the need for the extension. In such situations, the Council may extend the ninety-day period as it deems reasonable and appropriate under the circumstances, and may condition any such extension upon evidence of progress, or other conditions that may be reasonable and appropriate under the circumstances.

Licensee undertakes business activity related to license at its own risk. Whether or not an extension is granted, any licensee granted an alcohol beverage license under this article commences any construction/remodeling or other activity related to opening the licensed business at its own risk. The granting and/or issuing of a license under this article are subject to the start-up/continuation of business requirement. The granting and/or issuing of the license does not in any way preclude or limit the Council's authority to cancel, revoke, or not renew the license if the licensee fails to comply with the ongoing ninety-day start-up/continuation of business requirement or any extension that is granted or any conditions of such an extension.

Notice of hearing before cancellation. Before cancellation, revocation or nonrenewal of the alcohol beverage license under this section, the City shall notify the licensee in writing of the City's intent to cancel, revoke or not renew the license for noncompliance with § 145-12F and provide the licensee with an opportunity for a hearing. The hearing shall be conducted according to W.S.A. § 125.12(2)(b) or any amendments thereto.

§ 145-13 Closing hours.

No premises shall remain open for the sale of intoxicating liquor or fermented malt beverages:

If a retail Class "A" license, between 9:00 p.m. and 8:00 a.m. each day.

[Amended by Ord. No. 3-88]

If a retail Class "B" license, between 2:00 a.m. and 6:00 a.m., excepting Saturdays and Sundays, when it shall be between 2:30 a.m. and 6:00 a.m., and excepting January 1, when there shall be no required closing.

[Amended by Ord. No. 2-88]

§ 145-14 Sale of beer to underage persons.

[Amended by Ord. No. 24-84]

No person shall sell, dispense, procure for, give away or furnish any fermented malt beverages to any underage person not accompanied by a parent, guardian or spouse who has attained the legal drinking age.

§ 145-15 Sale near Prospect Park.

No person shall sell or offer for sale any intoxicating liquor or fermented malt beverage within 175 feet of Prospect Park.

§ 145-16 Suspension nonrenewal and revocation of license.

[Amended by Ord. No. 3-92; 5-5-2008 by Ord. No. 2-08]

Any person to whom a license has been issued pursuant to this article may have such license suspended, nonrenewed, or revoked by proceedings pursuant to W.S.A. s. 125.12.

Upon conviction under this article or under state statutes of a licensee or employee, agent or representative of any person to whom a license has been issued pursuant to this article for maintaining a disorderly or riotous, indecent or improper place of business, for permitting gambling upon or within the licensed premises or any appendage thereto or for violating any federal or state liquor or beer or gambling law requiring suspension or revocation, the Council shall notify the person to whom the license has been issued of the time and place at which the Council shall deliberate whether to suspend such liquor license for from three to 14 days or to revoke. Upon the second violation under this article within 24 months, the Council shall notify the person to whom the license has been issued of the time and place at which the Council shall deliberate whether to suspend such liquor license for from 14 to 90 days or to revoke. Hearings conducted under this article by the Common Council shall procedurally follow the provisions of W.S.A. s. 125.12(2).

A violation of this article by an authorized agent or employee of a licensee shall constitute a violation by the licensee.

§ 145-17 Operator's license.

[Amended by Ord. No. 38-87; Ord. No. 22-90; Ord. No. 13-91; Ord. No. 17-96; Ord. No. 12-99; 4-1-2009 by Ord. No. 5-09; 3-28-2011 by Ord. No. 6-11; 2-24-2020 by Ord. No. 3-20; 7-19-2021 by Ord. No. 14-21]

No premises operated under a Class A or Class B license may be open for business unless there is upon the premises either the licensee, the agent named in the license if the licensee is a corporation, or some person who has an operator's license and who is responsible for the acts of all persons selling or serving any alcohol beverages to customers. For the purpose of this subsection, any member of a licensee's immediate family, 18 years of age or older, shall be considered the holder of an operator's license.

No operator's license may be granted by the City Clerk or his/her designee unless the applicant has filed a written application on the required forms showing that the applicant is qualified to be licensed and that the premises may lawfully be used for the purpose intended. No operator's license may be issued unless the applicant has paid the applicable fee(s) and any claims owed to the City as provided in this article.

The application must be fully and accurately completed, all questions truthfully answered, and the application must be signed and dated by the applicant.

Submitted applications shall be referred by the City Clerk to the Police Department for review and recommendation. The Police Department shall review each submitted application and recommend issuance or denial of the license. If the Police Department recommends denial of the license, the City shall notify the applicant of the recommendation for denial of the license and the reason(s) for the recommendation.

Considerations for review of an operator's license application.

Arrest and conviction record. The City will review the applicant's arrest and conviction record under state, federal, and local laws to determine whether there are convictions of offenses that are substantially related to engaging in the licensed activity of bartending. Generally, there is a substantial relationship between the illegal purchase, use and sale of controlled substances and engaging in bartending, which involves the purchase and sale of a closely regulated substance. The same is true for offenses involving alcohol, e.g., drunk driving, selling to underage, underage possession and/or consumption, committing law violations while under the influence of alcohol or drugs, etc. The following guidelines shall apply in determining to approve or deny an operator's license:

Felony conviction. Provided the offense is substantially related to the circumstances of the licensed activity, any person who has been convicted of a felony does not qualify for a license, unless that person has been duly pardoned. To the extent that other examples reference a specific offense, this guideline shall apply if the offense constitutes a felony.

Violent and other crimes. Provided the circumstances of the offense substantially relate to the licensed activity, any person who has been convicted of one or more offenses within the last five years or for two or more offenses, arising out of separate incidents, within the last 10 years, in the following subcategories, does not qualify for an operator's license:

Violent crimes against the person of another, including but not limited to battery, sexual assault, injury by negligent use of a vehicle and/or intimidation of victim or witness.

Crimes involving lack of cooperation with law enforcement officials, including, but not limited to, resisting, or obstructing a police officer, bribery of public officers/employees, eluding police, bail jumping, hit and run, assault by prisoner, escape from custody, perjury, or acts/threats of terrorism.

[3]

Manufacturing, distributing, delivering a controlled substance or controlled substance analog; maintaining a drug trafficking place; possession with intent to manufacture, distribute, or deliver a controlled substance or a controlled substance analog.

(c)

Other offenses. Provided the circumstances of the offense substantially relate to the circumstance of the licensed activity, any person who has been convicted of two or more offenses, arising out of separate incidents, within the last five years in the following subcategories, does not qualify for an operator's license:

Disorderly conduct, criminal damage to property, solicitation of prostitution or other prostitution-related offenses, wherein the offense involves an incident at a place that is, or should be, licensed under Ch. 125, Wis. Stats.

Alcohol beverage offenses under Ch. 125, Wis. Stats., or City of Hudson ordinances, including, but not limited to, conviction of selling alcohol to an intoxicated person, allowing another person to use your operator's license, selling after closing hours, permitting an underage person on the premises.

[3]

Possessing a controlled substance, controlled substance analog without a valid prescription, or possessing drug paraphernalia.

[4]

Operating a motor vehicle while under the influence of intoxicants or drugs.

[5]

Operating a motor vehicle with a prohibited alcohol concentration (PAC) more than 0.08% by weight.

[6]

Offenses related to open intoxicants in a public place or in a motor vehicle.

[7]

Conviction of any controlled substance abuse and/or illegal drug offense.

[8]

Conviction of a charge related to activities performed while bartending.

[9]

Perjury, false swearing, theft, or other crimes which involve lack of credibility and truthfulness of the person.

(d)

Habitual law offender. Provided the circumstances of the offenses substantially relate to the circumstance of the licensed activity, any person who is a habitual law offender does not qualify for an operator's license. An habitual law offender is a person with multiple convictions and could include an offender with two offenses occurring within a short period of time. An habitual law offender includes, but is not limited to, a person who has committed:

Two or more offenses, each with a separate incident, within the immediately preceding two years.

Three or more offenses, each a separate incident, within the immediately preceding five years.

[3]

Six or more offenses, each a separate incident, within the preceding 10 years.

(e)

Pending charges. Provided the circumstances of the offense substantially relate to the circumstances of the job or licensed activity, any person who has a pending charge for any of the following does not qualify for a license:

An exempt offense as defined in § 111.335(1m)(b), Wis. Stats., including any offenses for crimes againstlife and bodily security and certain offenses against children.

A violent crime against a child.

Failure to fill out application truthfully and completely. Applicants must truthfully and completely fill out applications.

If an applicant provides false information on an application or intentionally omits information from an application, that application shall be denied, and the applicant shall not be eligible to reapply for an operator license for a period of one year from the date of denial of such application.

If the Police Department determines that information was omitted from an application due to inadvertence, mistake or excusable neglect, the Police Department may allow the applicant to submit a corrected application and recommend granting of the license if the applicant is otherwise qualified.

Other circumstances warranting denial. Due to the discretionary nature of the alcohol beverage licensing, it is not possible to state every circumstance that may result in approval or denial of an application. If the applicant's arrest and conviction record identify other arrests, convictions or pending charges that are substantially related to the licensed activity, to the extent permitted by law, the City may consider them in determining whether to approve or deny the application. To the extent state statutes or ordinances provide additional grounds for denial or nonrenewal, the City may rely on such provisions.

Notice to applicant of recommended denial or nonrenewal. If an application is recommended for denial or nonrenewal, the applicant will be notified in writing of the recommendation and the reasons for the recommendation.

Approval by the City Clerk or his/her designee of an operator's license application for an applicant who would otherwise be denied under this article. The City Clerk or his/her designee may approve an operator's license application if the application would otherwise be denied under this policy if the applicant presents competent evidence of sufficient rehabilitation and fitness to perform the licensed activity as defined in § 111.355(4)(d), Wis. Stats.

No license shall be issued if the applicant is delinquent inpayment of any taxes, assessments, forfeitures, utility bills, or any other claims owed to the City.

An operator's license shall be valid for the period commencing upon issuance and expiring on June 30 of the immediately following odd-numbered year, but in no event shall any operator's license be valid for longer than two years from the date of issuance.

In determining the suitability of an applicant, consideration shall be given to the responsibility of the applicant, the applicant's fitness for the trust to be reposed in him/her, applying the considerations provided in this article. In addition, the applicant shall possess the qualifications required by § 125.04(5), Wis. Stats.

Severability. The terms and provisions of this section are severable. If any term, provision, or a portion of this section for any reason is held to be invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such portion of this section shall be deemed a separate, distinct, and independent provision of this section, and all remaining portions of this section shall remain in full force and effect.

Effective date. This section shall become effective upon adoption by the Common Council and publication as provided by law.

§ 145-18 Delinquent taxes and assessments.

[Added by Ord. No. 17-83]

Premises. No initial or renewal alcohol beverage license shall be granted for any premises for which taxes, assessments or other claims to the City are delinquent and unpaid.

Persons. No initial or renewal alcohol beverage license shall be granted to any person delinquent in:

Payment of any taxes, assessments or other claims owed to the City.

Payment of a forfeiture resulting from a violation of any ordinance of the City.[1]

Editor's Note: Former Subsection B(3), regarding delinquent state taxes, which immediately followed this subsection, was repealed 5-5-2008 by Ord. No. 2-08.

§ 145-19 Underage persons.

[Added by Ord. No. 16-86]

In addition to the exceptions contained in W.S.A. ch. 125, an underage person may enter or remain in a room on Class "B" or "Class B" licensed premises on a date specified by the licensee or during times when no intoxicating liquors are consumed, sold or given away. During those times, the licensee, the agent named in the license if the licensee is a corporation or a person who has an operator's license shall be on the premises, unless all intoxicating liquors are stored in a locked portion of the premises. An underage person may enter and remain on Class "B" or "Class B" premises under this subsection only if the City Police Department issues to the Class "B" or "Class B" licensee a written authorization permitting underage persons to be present under this subsection on the date specified in the authorization.

Before issuing an authorization, the Chief of Police shall make a determination that the presence of underage persons on the licensed premises will not endanger their health, welfare or safety or that of other members of the community. The licensee shall obtain a separate authorization for each date on which underage persons will be present on the premises. The request for written authorization shall be made at least five days prior to that date. The Chief of Police shall specify on each such authorization terms and conditions necessary to fulfill the requirements of this article.

§ 145-20 License quotas.

[Added by Ord. No. 20-87; amended by Ord. No. 21-87Ord. No. 28-87; Ord. No. 18-91; Ord. No. 24-91; Ord. No. 28-91; Ord. No. 23-95; Ord. No. 18-97; Ord. No. 5-99; 10-3-2001 by Ord. No. 15-01; 3-19-2007 by Ord. No. 3-07; 11-10-2008 by Ord. No. 8-08; 12-15-2008 by Ord. No. 10-08; 7-6-2009 by Ord. No. 9-09; 2-17-2010 by Ord. No. 2-10; 1-23-2012 by Ord. No. 2-12; 12-6-2021 by Ord. No. 24-21]

Class "A" fermented malt beverage and "Class A" intoxicating liquor license quota restrictions.

The number of persons or places that may be granted a retail Class "A" fermented malt beverage license is limited to whichever of the following is the largest:

One license per 2,500 population, or fraction thereof, as annually estimated by the Wisconsin Department of Administration.

The number of Class "A" fermented malt beverage licenses lawfully issued and in force within the municipality on May 1, 1987, to wit, four licenses.

The number of persons or places that may be granted a retail "Class A" intoxicating liquor license is limited to whichever of the following is the largest:

One license per 2,500 population, or fraction thereof, as annually estimated by the Wisconsin Department of Administration.

The number of "Class A" intoxicating liquor licenses lawfully issued and in force within the municipality on May 1, 1987, to wit, four licenses.

Class "B" fermented malt beverage license quota restrictions.

The quota of Class "B" fermented malt beverage licenses established in this subsection shall be in addition to the number of Class "B" fermented malt beverage licenses which the City may grant to premises holding a "Class B" intoxicating liquor license under W.S.A. Ch. 125. The quota provided for herein shall only apply to premises which are not licensed as a "Class B" intoxicating liquor establishment under W.S.A. Ch. 125.

The number of persons or places that may be granted a separate retail Class "B" fermented malt beverage license, without holding a "Class B" intoxicating liquor license, is limited to whichever of the following is the largest:

Six licenses.

One license per 1,000 population, or fraction thereof, as annually estimated by the Wisconsin Department of Administration.

The quotas herein established shall not apply to any license issued by the Common Council and outstanding on May 1, 1987, or to the six-month Class "B" fermented malt beverage license currently issued to a nonprofit corporation operating a concession stand in a municipal park or to a nonprofit corporation operating a performing arts center.

No separate Class "B" fermented malt beverage license issued under this article shall be issued to any premises unless the premises are also licensed as a restaurant, with the principal business of the establishment being the furnishing of food under the restaurant permit, except that a Class "B" fermented malt beverage license may be issued to a nonprofit corporation operating a concession stand in a municipally owned park or to a nonprofit corporation operating a performing arts center.

"Class B" intoxicating liquor license quota restrictions.

The number of persons or places that may be granted a retail "Class B" intoxicating liquor license is limited to whichever of the following is the largest:

The number of licenses as allowed under the provisions of W.S.A. Ch. 125, which, at the time of enactment of this section is one per 500 population of the City, as annually estimated by the Wisconsin Department of Administration. Any future amendments, revisions or modifications of the quota under W.S.A. Ch. 125 shall, without further action by the Council, be made part of this article.

The number of "Class B" intoxicating liquor licenses lawfully issued and in force within the municipality on May 1, 1987, to wit, 13 licenses.

This quota shall apply to all "Class B" intoxicating liquor licenses, including reserve "Class B" licenses as defined in § 125.51(4)(a)4, Wis. Stats. Under no circumstances shall the quota established hereunder be greater than the quota established under Wisconsin State law.

"Class C" wine license quota restrictions.

The number of persons or places that may be granted a retail "Class C" wine license is limited to whichever of the following is the largest:

Six licenses.

One license per 1,250 population, or fraction thereof, as annually estimated by the Wisconsin Department of Revenue.

No separate "Class C" wine license issued under this article shall be issued to any premises unless the premises are also licensed as a restaurant, with the principal business of the establishment being the furnishing of food under the restaurant permit. For purposes of this article, "principal business" shall have the meaning set forth in § 125.02(15m), Wis. Stats.

Temporary Class "B" fermented malt beverage (picnic) license restrictions.

Not more than six temporary licenses may be issued to eligible organizations, under § 125.26(6), Wis. Stats., in any regular licensing year (July 1 to June 30).

License applications shall designate a specific area or enclosure where fermented malt beverages may be served or consumed.

§ 145-21 Room capacity restrictions.

[Added by Ord. No. 40-94]

No person holding a "Class B" or Class "B" license shall allow the number of persons on the licensed premises to exceed the capacity limit provided for herein.

Establishment of room capacity. The maximum capacity for any premises governed by this section shall be established by the Fire Inspector, based upon the following factors:

The maximum capacity for any premises covered by this section shall be calculated to provide at least 10 square feet per person. In arriving at this calculation, rest rooms, aisles, halls, stairways, game tables and areas not frequented by the public shall not be calculated in the net total.

In addition to the square footage requirements, maximum capacity shall be based on the widths of exits available in the premises as determined by the Wisconsin Administrative Code, § ILHR 51.15(6).

In arriving at the maximum capacity for any premises, the licensing officer shall take into account the distribution of exits so as to afford the best possible means of egress in case of fire, having due regard for the provisions of the Wisconsin Administrative Code, Chs. ILHR 51, 54 and 55.

Signs posted. All premises governed by this section shall be required to post signs provided by the City of Hudson which state the maximum number of persons permitted on each level of any premises. Such signs shall be in full view at all times and shall be kept in legible condition. For purposes of this subsection, intermittent occupancy of areas on the same level shall require separate posting.

Retroactivity. The provisions of this section shall apply to all licensed premises, regardless of date of construction.

Enforcement. This section shall be enforced by the City of Hudson Fire Department and the City of Hudson Police Department.

Penalties. A person who commits a violation of this section is subject to a forfeiture of:

One hundred dollars if the person has not committed a previous violation within 12 months of the violation.

Two hundred dollars if the person has committed a previous violation within 12 months of the violation.

Five hundred dollars if the person has committed two previous violations within 12 months of the violation.

Suspension of license. In addition to the forfeiture penalty set forth above, any person who commits a violation of this section shall have any license or permit issued under this chapter suspended for:

A period of three days, if the court finds that the person has not committed a violation within the previous 12 months.

Seven days, if the court finds that the person committed a violation within 12 months after committing one previous violation.

If a person commits a third violation within 12 months after committing two other violations, the enforcement officer shall file a sworn written complaint with the Clerk pursuant to W.S.A. s. 125.12.

§ 145-22 Nude dancing in licensed establishments.

[Added by Ord. No. 1-99]

Prohibition. 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, demonstration, dance or exhibition on the premises of a licensed establishment which:

Shows his or her genitals, pubic area, vulva, anus or anal cleft with less than a fully opaque covering;

Shows the female breast with less than 1/4 of the breast surface area, contiguous to and containing the areola, completely and opaquely covered; or