[Adopted 8-6-2002 by Ord. No. 7-02 as
§§ 12.01 and 12.20 of the 2002 Code]
The provisions of Ch. 125, Wis. Stats., defining
and regulating the sale, procurement, dispensing and transfer of 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 provision
shall constitute a violation of this article.
[Amended 5-6-2003 by Ord. No. 7-03]
The following classes and denominations of licenses
may be issued by the City Clerk/Treasurer under the authority of the
Common Council, or as may be delegated by the Common Council, after
payment of the fee herein specified which, when so issued, shall permit
the holder to sell, deal, or traffic in alcoholic beverages as provided
in §§ 125.17, 125.25, 125.28, and 125.51, Wis. Stats.
Except where fees are required to be prorated by Ch. 125, Wis. Stats.,
the full license fee shall be charged for the whole or fraction of
any year.
A. Class "A" fermented malt beverage retailer's license:
$100 per year.
B. Class "B" fermented malt beverage retailer's license:
$100 per year.
(1) Six-month license. 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.
(2) Picnic: $10 per day. Picnic licenses may be granted
to individuals by the City Administrator.
C. Wholesaler's fermented malt beverage license: $25
per year or fraction thereof.
D. Retail "Class A" liquor license: $500 per year.
E. Retail "Class B" liquor license: $500 per year. A
retail "Class B" liquor license shall permit its holder to sell liquor
in original packages or containers in multiples not to exceed four
liters at any one time to be consumed off the licensed premises. If
issued in conjunction with a Class "B" fermented malt beverage license
the fee is $600 per year.
(1) A license may be issued after July 1 in any license
year. The license 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 the license shall be 50% of the annual license fee.
The license may not be renewed during the calendar year in which issued.
F. "Class C" wine license. A "Class C" license authorizes
the retail sale of wine by the glass in opened original containers
for consumption on the premises where sold. The fee for a "Class C"
license shall be $100.
G. Operator's license: $30 per year new; $25 per year
renewal; $40 for two years new; and $35 for two years renewal.
(1) Operators' licenses may be granted to individuals
by the Regulatory Committee for the purposes of complying with §§ 125.17(1),
125.32(2) and 125.68(2), Wis. Stats. If the Regulatory Committee denies
a license, an individual has the right to appeal to the full Council.
(2) Operators' licenses may be issued only on written
application on forms provided by the Clerk/Treasurer.
(3) Operators' licenses shall be valid for one or two
years and shall expire on June 30 of the year.
H. Provisional operator's license: $15 per year.
(1) Provisional operators' licenses may be granted to
individuals by the City Administrator for the purposes of complying
with §§ 125.32(2) and 125.68(2), Wis. Stats.
(2) Provisional operators' licenses may be issued only
on written application on forms provided by the Clerk/Treasurer.
(3) Provisional licenses may be issued by the City Administrator
in accordance with §§ 125.04(5)(a) and (b) and 125.17(5),
Wis. Stats.
(4) A provisional license shall be valid for 60 days after its issuance or until a license under Subsection
G is issued to the holder, whichever is sooner.
I. Temporary operator's license: $20 per year.
(1) Temporary licenses may be granted to individuals by
the City Administrator for the purposes of complying with §§ 125.32(2)
and 125.68(2), Wis. Stats.
(2) Temporary licenses may be issued only on written application
on forms provided by the Clerk/Treasurer.
(3) Temporary licenses may be issued only to operators
employed by or donating their services to nonprofit corporations.
(4) No person may hold more than one license of this kind
per year.
(5) A temporary license is valid for any period from one
day to 14 days, and the period for which it is valid shall be stated
on the license.
(6) Temporary licenses may be issued by the City Administrator
in accordance with § 125.17(1), (2), (3) and (4), Wis. Stats.
J. "Class B" site license.
(1) The initial fee for a full service restaurant that
has a seating capacity of 300 or more persons is $500. The annual
renewal fee is $500.
(2) The initial fee for a hotel with 50 or more rooms
with sleeping accommodations with either an attached full service
restaurant with a seating capacity of 150 or more persons or an attached
banquet facility providing full service meals with a capacity of 400
or more persons is $500. The annual renewal fee is $500.
(3) The minimum requirements under Subsection
J(1) and
(2) for a full service restaurant or banquet facility are as follows: the facility must have a restaurant license.
(4) Although a particular premises meets the qualifications under this Subsection
J, the issuance of a license remains the sole discretion of the Common Council considering all factors relevant to the issuance of said license, including whether the issuance of the site license is in the public interest.
[Amended 10-18-2005 by Ord. No. 17-05]
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 City Administrator
shall affix his or her affidavit.
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.
Before renewal of any license issued under this
article is refused, the licensee shall be given written notice of
any charges or violations or the reasons proposed for nonrenewal and
a copy of any proposed motion for nonrenewal and shall have an opportunity
to be heard before the Common Council.
A violation of this article by an authorized
agent or employee of a licensee shall constitute a violation by the
licensee.
[Added 7-15-2003 by Ord. No. 11-03]
A. The Common Council may approve the issuance of or
amendment to the "Class B" and Class "B" alcohol and fermented malt
beverage licenses for the purpose of permitting service and consumption
of alcohol or fermented beverages in outdoor areas only with the following
conditions:
(1) Food, alcohol and fermented malt beverages shall only
be served or consumed in areas delineated by suitable barricades,
i.e. decorative chain and posts, that cordon the area off from the
remainder of the outside area. Such barriers may be placed to allow
the public to enter from the outside as well as from the building
of the license holder.
(2) Alcohol or fermented malt beverages may only be served
in the outdoor area by the license holder or an employee holding a
valid City of Jefferson operator's license.
(3) There shall be no loud music or dancing in the outdoor
area.
(4) The outdoor area shall be supervised at all times
by the license holder or an authorized (operator) licensed employee.
(5) Any other condition the Common Council deems appropriate,
taking into account the surrounding neighborhood and the nature of
the licensed premises.
B. If the service and consumption of alcohol beverages
is in an outdoor area extending onto the public sidewalk, the following
additional conditions shall also apply:
(1) The public sidewalk utilized for this purpose shall
be abutting the license holder's property and said use shall not encroach
on the sidewalk of neighboring property.
(2) An unobstructed width of 60 inches shall be maintained
on public sidewalks for use by the general public.
(3) No alcohol or fermented malt beverages or food shall
be served after 10:00 p.m.
(4) The entire outdoor area utilized for service and consumption
shall be visible from the establishment.
(5) Any public improvements necessary to accommodate the
outdoor service area shall be approved by the Building/Zoning Inspector,
and the costs thereof shall be paid by the license holder.
(6) Service of food and/or alcoholic beverages in all
sidewalk cafes shall be limited to persons seated at tables in the
sidewalk cafe site. Food service shall be required to be available
at all times the sidewalk cafe is open.
(7) Public liability insurance covering the City of Jefferson
as well as the sidewalk cafe owner shall be required, the terms of
which must be approved by the City Clerk/Treasurer. Proof of comprehensive
general liability insurance in a minimum amount of $500,000 for bodily
injury or death and $100,000 for property damage is also required.
(8) Each sidewalk cafe shall be responsible for policing
the area of the sidewalk cafe to ensure that alcoholic beverages are
not removed from the premises. All debris and unused food shall be
removed by the owner before the close of business from the sidewalk
cafe area.
C. For purposes of this section, the term "sidewalk cafe"
shall mean that portion of a restaurant/tavern that is immediately
adjacent to and extends out onto a public sidewalk.
D. No food or fermented malt or other alcoholic beverages
may be served in a sidewalk cafe within the legal limits of the City
of Jefferson without strict compliance with the terms and conditions
of this section.
E. This section does not limit the Common Council's authority
to refuse/permit outdoor areas for service and consumption of alcohol
or fermented malt beverages in individual cases even if the license
holder meets the above-mentioned conditions. This policy is not intended
to create a vested right for the benefit of "Class B" or Class "B"
license holders.
F. Failure to abide by the terms and conditions may result
in the termination of the right to serve food or fermented malt or
other alcoholic beverages in a sidewalk cafe. The City reserves the
right to take further steps in case of repeated violations, including
termination of a violator's "Class B" or Class "B" alcohol or fermented
malt beverage license. The City may also impose a forfeiture not to
exceed $200 per violation of this section.
Except as otherwise provided herein, any person who shall violate any provision of this article shall be subject to a penalty as provided in Chapter
1, Article
I of this Code.
[Adopted 8-6-2002 by Ord. No. 7-02 as
§§ 9.07, 9.28 and 9.30 of the 2002 Code]
No person shall carry or expose to view any
open can, bottle or other container containing fermented malt beverages
or intoxicating liquor or drink from the same on any sidewalk, street,
alley, public parking lot or in any stopped or parked motor vehicle,
except as authorized in writing by the Council upon a special Class
"B" one-day license.
Sections 125.07(1)(a) and (4)(a) and 125.09(2),
Wis. Stats., are incorporated herein by reference as though fully
set forth. Any act required or prohibited by such sections shall be
required or prohibited by this section. Any person violating this
section may be subject to the appropriate penalty provided in §§ 125.07(4)(a),
(b), (c), (cg), (cm) and (d) and 125.09(2)(d), Wis. Stats., which
are incorporated herein by reference as though fully set forth.