[HISTORY: Adopted by the Common Council of
the City of Jefferson as indicated in article histories. Amendments
noted where applicable.]
[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.
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(9), Wis. Stats.
[Amended 5-6-2003 by Ord. No. 7-03[1]]
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.
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.
(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.
A.
Form. Application for a license to sell or deal in
intoxicating liquor or fermented malt beverages or for operators'
licenses shall be made in writing on forms prescribed by the State
Department of Revenue and filed with the City Clerk/Treasurer. 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. Applications shall be
signed and sworn to by the applicant as provided by § 887.01,
Wis. Stats.
C.
List of licensees. By July 15 of each year, the Clerk/Treasurer
shall forward to the State Department of Revenue a list containing
the name, address and trade name of each person holding a license
issued under this article, except a picnic, manager's or operator's
license.
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 or 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
to the premises covered by the license.
C.
Violators of liquor or beer laws or ordinances. No
Class A or Class B fermented malt beverage or intoxicating liquor
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 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.
[Amended 10-18-2005 by Ord. No. 17-05]
D.
Health and sanitation requirements. No retail Class
"B" or "Class B" 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 City.
[Amended 10-18-2005 by Ord. No. 17-05]
E.
License quotas.
(1)
"Class A" license. The City of Jefferson shall not
issue more than 12 "Class A" intoxicating liquor licenses.
[Amended 12-21-2010 by Ord. No. 15-10; 7-20-2021 by Ord. No. 7-21]
(2)
"Class B" license. 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.
(3)
Class "A" license. The number of Class "A" retail
fermented malt beverage licenses which may be issued in the City shall
not be more than 12.
[Amended 4-17-2012 by Ord. No. 9-12]
(4)
Class "B" license. The number of Class "B" retail
fermented malt beverage licenses which may be issued in the City shall
not be more than seven.
(5)
Cider licenses.
[Added 9-15-2015 by Ord.
No. 8-15]
(a)
"Class A" cider licenses shall be issued to eligible applicants
if: a) the "Class A" liquor license application is for sales limited
to cider; and b) the applicant for a "Class A" liquor license also
holds a Class "A" beer license for the same premises.
(b)
"Cider" shall be defined as: ". . .any alcohol beverage that
is obtained from the fermentation of the juice of apples or pears
and that contains not less than 0.5% alcohol by volume and not more
than 7.0% alcohol by volume. Cider includes flavored, sparkling, and
carbonated cider." (Budget: 2015 Act 55).
(c)
The City may not charge an initial issuance fee or annual fee
for a "Class A" cider license issued under this subsection.
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 to applicants who
have attained the age of 18.
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.
Revocation of license due to nonuse. If any license
granted under this article is not used within 90 days after its granting
or its usage is discontinued for a period of 90 days or more, such
nonuse shall be grounds for cancellation of the license in accordance
with the provisions of this article. Prior to the cancellation of
any license, the City shall notify the licensee in writing of the
City's intention to cancel the license for nonuse and provide the
licensee with an opportunity for a hearing. Such hearing shall be
conducted in accordance with § 125.12(2)(b), Wis. Stats.,
or any amendments thereto. Judicial review shall be as provided in
§ 125.12(2)(d), Wis. Stats., or any amendments thereto.
J.
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 to the City.
K.
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.
M.
License investigation. The City Clerk/Treasurer shall
notify the Chief of Police, Fire Chief and Building/Zoning Inspector
of all license applications, and these officials shall inspect or
cause to be inspected each application and premises to determine whether
the application and the premises sought to be licensed comply with
the regulations, ordinances and laws applicable thereto and the applicant's
fitness for the trust to be imposed. These officials shall furnish
to the License Committee in writing the information derived from such
investigation.
[Added 5-3-2005 by Ord. No. 8-05]
[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.
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 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 the 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
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.
Nude dancing prohibited.
(1)
Nude dancing in licensed establishments prohibited.
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:
(2)
Exemptions. The provisions of this Subsection E do not apply to the following licensed establishments: theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers of entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of employees engaging in, nude erotic dancing.
(3)
Definitions. For purposes of this Subsection E, the term "licensed establishment" means any establishment licensed by the Common Council of the City of Jefferson, Wisconsin, to sell alcohol beverages pursuant to Ch. 125, Wis. Stats. The term "licensee" means the holder of a retail "Class A," "Class B," Class "B," Class "A" or "Class C" license granted by the Common Council of the City of Jefferson, Wisconsin, pursuant to Ch. 125, Wis. Stats.
(4)
Penalties. Any person, partnership, or corporation who violates any of the provisions of this Subsection E shall be subject to a forfeiture as stated in Chapter 1, Article I of this Code. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this Subsection E constitutes sufficient grounds for suspending, revoking or not renewing an alcohol beverage license under § 125.12, Wis. Stats.
A.
No premises for which an alcohol beverage license
has been issued shall remain open for the sale of alcohol beverages:
(1)
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.
(2)
If a retail Class "A" (malt beverage) license, between
12:00 midnight and 6:00 a.m.
[Amended 5-1-2012 by Ord. No. 11-12]
(3)
If a retail "Class A" (Liquor) license, between 9:00
p.m. and 6:00 a.m.
[Amended 5-1-2012 by Ord. No. 11-12]
(4)
If a retail Class "B" or "Class B" 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 10-18-2005 by Ord. No. 17-05]
B.
Hotels and restaurants whose principal business is
the furnishing of food or lodging to patrons, bowling alleys and golf
courses may remain open for the conduct of their regular business,
but no intoxicating liquors or fermented malt beverages shall be sold
during prohibited hours.
A.
Procedure. Whenever the holder of any license under
this article violates any portion of this article, proceedings for
the revocation or suspension of such license may be instituted in
the manner and under the procedure established by § 125.12,
Wis. Stats., and the provisions therein relating to granting a new
license shall likewise be applicable.
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]
(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.
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.[3]
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.[4]
[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.
B.
In addition to the penalty provided in Subsection A above, any person who shall damage public property shall be liable for the costs of repairing or replacing such property. The parent of an unemancipated child who causes damage to public or private property shall be liable for the cost thereof pursuant to § 895.035, Wis. Stats.
