The provisions of W.S.A. Ch. 125 relating to
the sale of intoxicating liquor and fermented malt beverages, except
provisions therein relating to penalties to be imposed, are hereby
adopted by reference and made a part of this chapter as if fully set
forth herein. Any act required to be performed or prohibited by any
statute incorporated herein by reference is required or prohibited
by this chapter. Any future amendments, revisions or modifications
of the statutes incorporated herein are intended to be made a part
of this chapter in order to secure uniform statewide regulation of
alcohol beverage control.
As used in this chapter, the following terms
shall have the meanings given them by W.S.A. Ch. 125: "alcoholic beverages,"
"club," "fermented malt beverages," "intoxicating liquors," "legal
drinking age," "nonintoxicating beverages," "operators," "person,"
"premises," "principal business," "restaurant," "retailers," "sale,"
"sell," "sold" and "wholesalers."
No person, firm or corporation shall vend, sell,
deal or traffic in or have in his, her or its possession with intent
to vend, sell, deal or traffic in or, for the purpose of evading any
law or ordinance, give away any intoxicating liquor or fermented malt
beverage in any quantity whatever or cause the same to be done without
having procured a license as provided in this chapter nor without
complying with all the provisions of this chapter and all statutes
and regulations applicable thereto, except as provided by W.S.A. ss.
125.16, 125.27, 125.28 and 125.51.
There shall be the following classes of licenses which, when issued by the City Clerk-Treasurer under the authority of the Common Council, after payment of the license fee and publication costs hereinafter specified, shall permit the holder to sell, deal or traffic in intoxicating liquors or fermented malt beverages as provided in §
147-4 of this chapter and W.S.A. ch. 125:
A. Class "A" fermented malt beverage retailer's license.
The annual fee for this license shall be $50. 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.
B. Class "B" fermented malt beverage license. The annual
fee for this license shall be $50. This 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. 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.
C. Temporary Class "B" fermented malt beverage license.
The fee for this license shall be $10 per event.
D. Temporary "Class B" wine license. The fee for this
license shall be $10 per event. However, there shall be no fee if
the temporary wine license is obtained along with a temporary fermented
malt beverage license.
E. Fermented malt beverage wholesaler's license. The
annual fee for this license shall be $25.
F. "Class A" intoxicating liquor retailer's license.
The annual fee for this license shall be $250.
G. "Class B" intoxicating liquor retailer's license.
The annual fee for this license shall be $250. This 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.
H. "Class C" wine license. The annual fee for this license
shall be $100. The fee for less than one year shall be prorated.
The City Clerk-Treasurer shall notify the Chief
of Police, Health Officer, Fire Inspector and Building Inspector of
each new application, and these officials shall inspect or cause to
be inspected each application and the premises, together with 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. These officials shall furnish to the City Clerk-Treasurer,
in writing, who shall forward it to the Common Council, the information
derived from such investigation, accompanied by a recommendation as
to whether a license should be granted or refused. No license shall
be renewed without a reinspection of the premises and report as originally
required.
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. The City Clerk-Treasurer shall affix to the license
his or her affidavit as provided by W.S.A. s. 125.04(4).
All retail Class "A," Class "B," "Class A" and
"Class B" licenses granted hereunder shall be granted subject to the
following conditions, and all other conditions of this chapter, and
subject to all other ordinances and regulations of the city applicable
thereto.
A. Consent to entry. 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 said 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.
B. Employment of minors. No retail "Class B" or Class
"B" licensees shall employ any underage person, as defined in the
Wisconsin statutes, but this shall not apply to hotels and restaurants.
Family members may work on the licensed premises but are not permitted
to sell or dispense alcoholic beverages.
C. Disorderly conduct prohibited. 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.
D. Licensed operator on premises. There shall be upon
premises operated under a "Class B," Class "B" or "Class C" license,
at all times, the licensee, members of the licensee's immediate family
who have attained the legal drinking age and/or some person who shall
have an operator's license and who shall be responsible for the acts
of all persons serving, as waiters or in any other manner, any fermented
malt beverages to customers. No person other than the licensee shall
serve fermented malt beverages in any place operated under a "Class
B," Class "B" or "Class C" license unless he or she possesses an operator's
license or there is a person with an operator's license upon said
premises at the time of such service.
E. Health and sanitation regulations. The rules and regulations
of the State Board of Health governing sanitation in restaurants shall
apply to all "Class B" liquor licenses issued under this chapter.
No "Class B" or "Class C" license shall be issued unless the premises
to be licensed conforms to such rules and regulations.
F. Restrictions near schools and churches. No retail
Class "A," Class "B," "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 such premises.
This subsection shall not apply to premises licensed as such on June
30, 1947, nor shall it apply to any premises licensed as such prior
to the occupation of real property within 300 feet thereof by any
school building, hospital building or church building.
G. Clubs. No club shall sell or give away any intoxicating
liquors except to bona fide members and guests invited by members.
H. Gambling prohibited. Except as authorized by state
law, no gambling or game of chance of any sort shall be permitted
in any form upon any premises licensed under this chapter or the laws
of the State of Wisconsin.
I. Credit prohibited. No retail Class "A," Class "B,"
"Class A," "Class B" or "Class C" liquor, wine or fermented malt beverage
licensee shall sell or offer for sale any alcohol beverage to any
person or persons by extending credit, except hotel credit extended
to a resident guest or a club to a bona fide member. It shall be unlawful
for such licensee or permittee to sell alcohol beverages to any person
on a passbook or store order or to receive from any person any goods,
wares, merchandise or other articles in exchange for alcohol beverages.
J. Licensee or permittee responsible for acts of help.
A violation of this chapter by a duly authorized agent or employee
of a licensee or permittee under this chapter shall constitute a violation
by the licensee or permittee. Whenever any licensee or permittee under
this chapter shall violate any portion of this chapter, proceedings
for the suspension or revocation of the license or permit of the holder
thereof may be instituted in the manner prescribed in this chapter.
K. Improper exhibitions. It shall be unlawful for any
person to perform, or for any licensee or manager or agent of the
licensee to permit any employee, entertainer or patron to engage in,
any live act, demonstration, dance or exhibition on the licensed premises
which:
(1) Exposes his or her genitals, pubic hair, buttocks,
perineum, anal region or pubic hair region;
(2) Exposes any device, costume or covering which gives
the appearance of or simulates genitals, pubic hair, buttocks, perineum,
anal region or pubic hair region;
(3) Exposes any portion of the female breast at or below
the areola thereof; or
(4) Engages in or simulates sexual intercourse and/or
any sexual contact, including the touching of any portion of the female
breast or the male and/or female genitals.
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Annotation: See Colonnade Catering Corp. v.
United States, 397 U.S. 72, 90 S. Ct. 774 (1970), and State v. Erickson,
101 Wis. 2d 224 (1981), for guidelines for warrantless searches of
licensed premises.
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[Amended 4-16-2012 by Res. No. 2012-5]
Closing hours shall be established and further restricted as
follows:
A. "Class
B," Class "B" and "Class C" licenses.
(1) No
premises for which a retail "Class B" liquor, Class "B" fermented
malt beverages or "Class C" wine license has been issued shall be
permitted to remain open for the sale of liquor or fermented malt
beverages or for any other purpose between the hours of 2:00 a.m.
and 6:00 a.m. Monday through Friday, and 2:30 a.m. and 6:00 a.m. Saturday
and Sunday. There shall be no closing hours on January 1. Between
12:00 midnight and 6:00 a.m. no person may sell fermented malt beverages
on Class "B" licensed premises in an original unopened package, container
or bottle or for consumption away from the premises.
(2) 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 shall not sell liquor or malt beverages during the closing hours of Subsection
A above.
B. Carry-out
hours. Between 12:00 midnight and 6:00 a.m. no person may sell, remove,
carry out or permit to be removed or carried out from any premises
having a "Class A" or Class "A" license fermented malt beverages or
intoxicating liquor in original unopened packages, containers or bottles
or for consumption away from the premises consistent with State Statutes
125.32(b).
It shall be unlawful for any person or organization
on a temporary basis to sell or offer to sell any alcohol beverage
upon any city-owned property or privately owned property within the
City of Manawa, except through the issuance of a temporary Class "B"
fermented malt beverage license or temporary "Class B" wine license
issued by the Common Council in accordance with Wisconsin statutes
and as set forth in this section. A temporary Class "B" fermented
malt beverage license or temporary "Class B" wine license authorizing
the sale and consumption of beer and/or wine on city-owned property
or privately owned property may be authorized by the Common Council,
provided that the following requirements are met:
A. Compliance with eligibility standards. The organization shall meet the eligibility requirements of a bona fide club, association, lodge or society as set forth in W.S.A. s. 125.26(6) and shall fully comply with the requirements of this section and Chapter
220 of this Code. Members of an organization which is issued a temporary license and who are issued operators' licenses for the event shall attend a pre-event informational meeting to learn what rules and regulations apply and what the responsibilities of the bartenders and organization will be.
B. Posting of signs and licenses. All organizations issued
a temporary license shall post in a conspicuous location at the main
point of sale and at all remote points of sale a sufficient number
of signs stating that no fermented malt beverage shall be served to
any underage person without proper identification.
C. Fencing. If necessary due to the physical characteristics
of the site, the Common Council may require that organizations install
a double fence around the main point of sale to control ingress and
egress and continually station a licensed operator, security guard
or other competent person at the entrance for the purpose of checking
age identification. Where possible, there shall be only one point
of ingress and egress. When required, the double fence shall be a
minimum of four feet high and a minimum of six feet between fences.
A single eight-foot chain link fence may be used to meet the fence
requirements.
D. Underage persons prohibited. No underage persons,
as defined by the Wisconsin statutes, shall be allowed to assist in
the sale of fermented malt beverages or wine at any point of sale,
nor shall they be allowed to loiter or linger in the area of any point
of sale.
E. Licensed operator requirement. A licensed operator
shall be stationed at all points of sales at all times.
F. Permitted cups or cans only. Intoxicants will be sold
outside only in foam or plastic cups or cans.
G. Additional requirements. In addition, requesting organizations
shall comply with the following:
(1) When the event sponsored by the requesting organization
is to take place on city park property, the organization shall work
closely with the city officials in locating, setting up and identifying
the size of the snow fence area. Such information shall be made part
of the temporary Class "B" permit application.
(2) When the event sponsored by the requesting organization
is to take place on city-owned property other than park property and/or
privately owned property, the organization shall work closely with
the Police Department in locating and setting up the snow fence area.
The Chief of Police shall work closely with the requesting organization
in identifying the size of the fenced-in area and the exact location.
Such information shall be made part of the temporary Class "B" permit
application. For indoor events, the structure used must have suitable
exits and open spaces to accommodate anticipated attendance. It shall
contain adequate sanitary facilities to accommodate the size of the
group.
H. Insurance. The applicant for a temporary fermented
malt beverage or wine license may be required to indemnify, defend
and hold the city and its employees and agents harmless against all
claims, death of any person or any damage to property caused by or
resulting from the activities for which the permit is granted. As
evidence of the applicant's ability to perform the conditions of the
license, the applicant may be required to furnish a certificate of
comprehensive general liability insurance with the City of Manawa.
The applicant may be required to furnish a performance bond prior
to being granted the license.
The presence of underage persons on a licensed
premises as provided under W.S.A. s. 125.07(3)(a)10 shall be subject
to the following:
A. The licensee or agent of a corporate licensee shall
notify the Police Department at least 48 hours in advance of the date
of any event at which underage persons will be present on the licensed
premises. Each such nonalcohol event notice shall specify the date(s)
on which the event is to occur and the time(s) of commencement. All
notices shall be filed with the Police Department during normal working
hours (8:00 a.m. to 5:00 p.m., Monday through Friday) and shall be
given on forms prescribed by the Department. After a nonalcohol event
notice has been given, the licensee may cancel an event(s) only by
giving like notice to the Department in accordance with the provisions
of this subsection. Regardless of the date given, all notices shall
expire and be deemed canceled no later than the date of expiration
or revocation of the applicable retail Class "B" or "Class B" license.
B. During the period of any nonalcohol event, a notice
card prescribed by the Police Department shall be posted at all public
entrances to the licensed premises notifying the general public that
no alcohol beverages may be consumed, sold or given away on or carried
into the licensed premises during the event. Such notice cards shall
be made available by the Department to a requesting licensee.
C. Once a nonalcohol event has commenced, no alcohol
beverages may be consumed, sold or given away on or carried into the
licensed premises until the next day following the closing hours of
the licensed premises.
D. During the period of any nonalcohol event, all alcohol
beverages shall be stored in a locked portion of the licensed premises
in a secure place out of the sight and physical reach of any patron
present and shall be under the direct and immediate control and supervision
of the licensee or a licensed bartender in the employ of the licensee.
All beer taps and automatic dispensers of alcohol beverages ("speed
guns") shall be either disconnected, disabled or made inoperable.