[HISTORY: Adopted by the Common Council of
the City of Oconto Falls 10-14-2004 by Ord. No. 04-007 (Ch. 71). Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the following meanings:
Any fermented malt beverages or intoxicating liquor.
A retail "Class A" intoxicating liquor license that may be
granted because the City has granted fewer of such licenses than permitted
the City under the state license quota law.
The City Administrator - Clerk/Treasurer or Deputy Clerk.
License which results when one licensee applies for both
a Class "B" fermented malt beverage retailer's license and a "Class
B" intoxicating liquor license for use at one premises.
An organization, whether incorporated or not, which is the
owner, lessee, or occupant of the building or portion thereof used
exclusively for club purposes, which is operated solely for recreational,
fraternal, social, patriotic, political, benevolent, or athletic purposes
but not for pecuniary gain and which only sells alcohol beverages
incidental to its operation.
Any beverage made by the alcohol fermentation of an infusion
in potable water of barley, malt and hops, with or without unmalted
grains or decorticated and degerminated grains or sugar, containing
0.5% or more of alcohol by volume.
A license approved for issuance by the Common Council. Issuance is conditioned upon verification by the Police Department and the Building Inspector that the licensee to whom the license has been granted is in compliance with this chapter and the qualification provisions of Ch. 125, Wis. Stats.
An issued license under which the licensed activity is no
longer occurring on the licensed premises.
All ardent, spirituous, distilled, or vinous liquors, liquids,
or compounds, whether medicated, proprietary, patented or not, and
by whatever name called, containing 0.5% or more of alcohol by volume,
which are beverages, but does not include fermented malt beverages
which contain less than 5% alcohol by weight.
A license which has been granted, approved by the proper
authorities, and delivered by the City Clerk to the licensee.
An authorization to sell alcoholic beverages granted by the
Common Council for the City of Oconto Falls under this chapter. The
Council is hereby authorized to grant the following licenses:
Class "A" fermented malt beverage license. Authorizes
retail sales of fermented malt beverages in original packages, containers,
and bottles for consumption off the premises where sold.
Class "B" fermented malt beverage license. Authorizes
retail sales of fermented malt beverages to be consumed whether on
or off the premises where sold.
Special event or picnic license. A special event
or picnic license is issued for a period not to exceed three consecutive
days to bona fide clubs, county or local fair associations, or agricultural
societies, churches, lodges, or societies that have been in existence
for not less than six months prior to the date of the application,
or to veteran organizations or posts, authorizing them to sell fermented
malt beverages and wine containing not more than 6% alcohol by volume
at a particular picnic, gathering, or meeting, or during a fair conducted
by a fair association or an agricultural society.
Wholesaler's fermented malt beverage license.
Authorizes the sale of fermented malt beverages only in original packages
or containers to retailers or wholesalers not to be consumed on or
about the premises where sold.
Retail "Class A" intoxicating liquor license.
Authorizes the retail sale of intoxicating liquor in original packages,
containers, and bottles for consumption off the premises where sold.
Retail "Class B" intoxicating liquor license.
Authorizes the retail sale of intoxicating liquor to be consumed by
the glass only on the premises where sold and also authorizes the
sale of intoxicating liquor in the original package or container,
in any quantity, to be consumed off the premises where sold. This
paragraph does not apply to a winery that has been issued a "Class
B" license, pursuant to § 125.51(3)(b),
Wis. Stats.
[Amended 8-12-2008 by Ord. No. 08-004; 11-12-2019 by Ord. No. 19-002]
A natural person, sole proprietorship, partnership, corporation,
or association.
The area described in a license or permit.
Any rule or ordinance adopted by the Common Council.
Status of a license which is not granted and specifically
designated by the Common Council as unavailable for purposes of this
Code.
Any building, room, or place where meals or lunches are prepared,
served, or sold to the general public and all places used in connection
therewith.
Any transfer of alcohol beverages with consideration or any
transfer without consideration knowingly made for the purpose of evading
the law relating to the sale of alcohol beverages or any shift, device,
scheme, or transaction for obtaining alcohol beverages, including
solicitation of orders for, or the sale for future delivery of, alcohol
beverages.
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 chapter by reference. A violation of any of such provisions shall constitute a violation of this chapter.
A.
License required.
(1)
No person, except as provided by § 125.56,
Wis. Stats., shall within the City of Oconto Falls, Wisconsin, distribute,
vend, sell, serve, or offer to keep for sale at retail or wholesale,
deal or traffic in, or, for the purpose of evading any law or ordinance,
give away any intoxicating liquor or fermented malt beverage or cause
the same to be done without having procured a license as provided
in this chapter, or without complying with all provisions of this
chapter and the statutes, ordinances, and regulations of the state
and City applicable thereto.
(2)
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 intoxicating liquor or fermented
malt beverages are stored, sold or offered for sale.
B.
Form and expiration of license. All licenses shall
be numbered in the order in which they are issued. The date of issuance,
the fee paid, and the name of the licensee shall appear on said license.
All retail licenses shall expire on June 30 following issuance unless
sooner revoked or not renewed.[1]
(1)
License applications. Licenses under this section
shall be granted only to persons qualified pursuant to § 125.04,
Wis. Stats. Licenses may be granted subject to any additional reasonable
and lawful condition of the Common Council at the time of the granting,
renewing, or reviewing of the license.
(a)
Qualifications of licensees shall generally
be reviewed on a yearly basis at the time of licensing. If, however,
allegations come to the attention of the Common Council that a licensee
or premises is no longer qualified, the Common Council may order a
hearing to consider the revocation of such license.
(b)
When the Common Council grants a license under
this section subject to condition, such condition becomes a qualification,
and upon allegations that a licensee or premises fails to meet such
condition, the Common Council may order a hearing to consider the
suspension or revocation of such license.
(2)
Form of license. Each applicant for a retail beer
or liquor license, request for transfer, or renewal shall submit the
required form, fully completed, to the City Clerk.
(3)
All temporary or picnic licenses shall require application
to the City Clerk seven working days prior to the effective date of
the license.
(4)
Nonapproval. In case of nonapproval, a signed statement by the head of the department involved (or a designee) shall accompany the form set out in Subsection B(2) detailing the reasons therefor.
(5)
Renewals. All renewal applications are subject to
the qualifications, review proceedings, and time constraints provided
by state law and in this chapter.
C.
Inoperative or unissued license.
(1)
A license which has been granted but not issued, or
issued but not in continuous use in a manner indicating an on-going
business, for a period in excess of six months is presumed invalid
and shall be subject to review by the Common Council for the possible
scheduling of a hearing as provided in this Code, to consider if the
license should be revoked.
(2)
Where a license has been granted and issued to a premises
described on the license but the licensee has not engaged in the sale
or distribution of fermented malt beverages, wines or intoxicating
liquors, the licensee may, at the discretion of the Council, continue
to hold said license for its unexpired term and shall also be eligible
to apply for and receive one normal one-year renewal thereof, it being
the intent and purpose of this subsection to require the licensee
or his/her heirs to consummate bona fide rental or sale of the business
assets involved during the interim.[2]
The City Clerk, or his/her deputy, shall issue
licenses to those applicants approved by the Common Council. Notwithstanding
any other provisions in this chapter, the City Clerk, or his/her deputy,
shall be authorized to issue a special event or picnic license upon
receipt of proper application. The Clerk shall not issue a license
until the fee has been paid. Alcohol license fees are listed in the
City's Fee Schedule.
A.
As to ownership. No license shall be transferable to a different licensee except as provided by § 125.04(12), Wis. Stats. Upon effectuating such transfer (for example, as in the case of sale of a business), the City Clerk will require the licensee requesting the transfer to fill out a form to help in the administration and reissuance of such license. The granting of the transferred license to the new licensee is to be reviewed in the same manner as the granting of a new license by the Common Council as provided in § 292-6.
B.
As to physical location. Licenses issued pursuant to this chapter may be transferred as provided in § 125.04, Wis. Stats. Application for such transfer shall be made on blanks furnished by the State Department of Revenue, Council review proceedings for transfer shall be had as provided at § 292-6.
A.
Purpose. The purpose of this section is to establish an equitable procedure for the granting of Class B licenses which are limited in number pursuant to a quota system established and controlled by state statute. As such, the following procedures are to be implemented when granting an available license. The procedures in Subsection B below shall not apply to routine renewals nor to applications involving the sale of a business to which a license is then presently issued as described in § 292-5.
B.
As of January 1, 1997, the State Department of Revenue
has permitted the City to grant eight Class B licenses under the following
formula:
C.
When the number of Class B licenses granted by the City falls under the quota noted in Subsection B above or is reduced in any fashion, the Clerk shall notify the Common Council of such circumstances. The Council shalt acknowledge the report of the Clerk on the number of Class B licenses granted by motion in its official record. This report will be published in the normal manner as part of the Council proceedings in the City's official newspaper in the usual manner.
D.
Applications for available Class B licenses shall
include the following information:
(1)
A State of Wisconsin Alcoholic Beverage License Application
(State Form AT-106 or AT-115).
(3)
All supplementary license information that may be
required by the Common Council.
(4)
One of the following that demonstrates ownership of
a properly zoned building or a parcel of real estate upon which a
building can be constructed:
(5)
All other information that may be required by the
Common Council to determine whether the premises is properly zoned
for the purpose intended and demonstrates that the premises meets
all state, county and municipal building codes.
E.
Failure of a licensee to supply any of the information required in Subsection D above may result in refusal to grant or transfer or renew a license pursuant to this section.
F.
The Common Council shall determine if the establishment
is in harmony with and complementary to the surrounding neighborhood
or other proposed or adopted plans for community development.
A.
Intent. No license granted hereunder shall be suspended,
revoked, or not renewed without first affording the license holder
an opportunity for a public evidentiary hearing.
B.
Hearing form. The Common Council shall conduct any
hearing or prehearing as described in this section.
C.
Grounds. Licenses may be the subject of hearings as described in this section for any violation of Ch. 125, Wis. Stats., or the City of Oconto Falls Code, including but not limited to the following:
(1)
The running of a disorderly house as proscribed by
§ 125.12, Wis. Stats.
(2)
Licensee or operator directly interfering with police
officers or otherwise violating the law in a manner substantially
related to the operation of the licensed facility.
(3)
Any violation of any health code provision of this
Code dealing with public health, welfare, and safety.
(4)
Any building, electrical, or plumbing code violation
of this Code dealing with public health, welfare, and safety.
(5)
Any liquor-related violation involving juveniles as proscribed by Ch. 125, Wis. Stats. (specifically § 125.07, Wis. Stats.).
(6)
Any violation of general statutory restrictions pertaining to licensed premises and operations as proscribed by Ch. 125, Wis. Stats.
(7)
Any failure to maintain the qualifications required
of all license holders as detailed by § 125.04, Wis. Stats.,
and as modified by the conditions of this Code or as a condition of
granting or renewing a license.
(8)
Any violation of any restriction, stipulation, or
agreement made by the licensee and the Common Council of the City
of Oconto Falls.
D.
Prehearing. Notwithstanding the provisions of § 125.12, Wis. Stats., or Subsection F of this section, any state or City committee, board, commission, authority, municipal officer or agency may, by communication to the Ordinance Committee, bring allegations of any violation of state liquor laws or any violation listed above before the Ordinance Committee for prehearing as an item in the regular meeting of said Committee. Conduct of such prehearing shall be informal, allowing the Committee an opportunity to hear the allegations and permitting the accused licensee to respond if he so wishes. The purpose of such prehearing will be to determine if the allegations are of such magnitude, importance, or otherwise of such nature to require a formal evidentiary hearing as provided by Subsection E below. After hearing the allegations and any response, the Committee shall determine whether to recommend to the Common Council that a formal evidentiary hearing be held; a letter of warning to become part of the licensee's permanent file be issued; or no action be taken. In determining the appropriate course of action, the Committee shall consider:
(1)
The licensee's history of convictions, charges, or
complaints and the relationship of such history to licensed activities.
(2)
The length of time since such conviction, charge,
or complaint.
(3)
The circumstances and seriousness surrounding the
complaint(s) before the Committee.
(4)
The degree of personal rehabilitation since the last
incident involving the licensee.
(5)
The community's standards or interests to be protected.
(6)
The need for formal hearing to clarify the facts in
regard to factors listed above.
E.
Council-ordered hearing. If a prehearing is conducted, as provided in Subsection D, and a formal evidentiary hearing is ordered by the Common Council by recommendation of the Ordinance Committee, the City Attorney's office shall draft a formal complaint and see to it that such complaint is served with a summons as provided in Subsection F below. The complaint may include any alleged violation of state or municipal alcoholic beverage law occurring in the preceding license year which was not the subject of a hearing under this section. Such complaint shall be issued in the name of the complainant and shall state specific violations complained of and may include any other violations involving the licensee in the past two license years which have not been the subject of a formal hearing. The complaint shall be served with a summons as provided in Subsection F below. Any formal evidentiary hearing shall be held in conformity with the procedures in Subsection F below.
F.
Hearing procedures.
(1)
Upon a verified complied filed with the City Clerk that any person licensed hereunder has violated the provisions of Ch. 125, Wis. Stats., the criminal code of the State of Wisconsin, or any provision of the Oconto Falls Code, including those listed in Subsection C above, or any other provision of this chapter or Ch. 125, Wis. Stats., the Common Council shall issue a summons signed by the Clerk directed to any peace officer or constable therein commanding the person so complained of to appear before the Ordinance Committee on a day and at a place named in such summons, not less than three days nor more than 10 days from its date, and show cause why the license should not be suspended, revoked, or not renewed. Such summons shall be served at least three days before the time in which such person is commanded to appear and shall be served as provided in Ch. 801, Wis. Stats.
(2)
The licensee may be represented by counsel, present
and examine witnesses, and have prepared at the licensee's expense
a transcript of the hearing.
(3)
The provisions of § 125.12, Wis. Stats.,
shall govern the conduct of the hearing hereunder.
G.
Recommendations. At the conclusion of the evidentiary hearing, which may be held in open or executive session depending on the nature of the evidence to be produced, the Committee, following deliberation in open or executive session, shall consider the factors listed at Subsection D above and shall thereupon make specific findings of fact and conclusions of law and forward one or more of the following recommendations to the Common Council:
(1)
No action should be taken due to insufficiency of
the evidence.
(2)
No action should be taken at present because an accommodation
on the part of the license holder has been reached.
(3)
A warning letter should be issued and the original
thereof retained in the licensee's file kept in the office of the
City Clerk.
(4)
A suspension of not less than 10 days nor more than
90 days should be imposed.
(5)
The license should be revoked, not renewed, or invalidated.
(6)
The licensee should be placed on probation, and the
Committee shall set conditions therefor.
(7)
The complaint should be tabled pending disposition
of pending criminal or Municipal Court code violations, at which time
the matter will be considered and a recommendation made.
H.
Council action. The Common Council shall consider
and take action on the recommendation of the Ordinance Committee within
45 days after the Committee adjourns the hearing. The Common Council
may adopt, reject, modify, or remand the recommendation to the Committee
for further deliberations.
I.
Appeal. Appeal from the decision of the Common Council
shall be to the Circuit Court for Oconto County.
Any license granted pursuant to this chapter to sell intoxicating liquor or fermented malt beverages shall be subject to the regulations, conditions, and restrictions imposed by Ch. 125, Wis. Stats. In addition, the City of Oconto Falls, pursuant to the authority of § 125.10, Wis. Stats., adopts certain other restrictions and requirements specifically by this section.
A.
Consent of 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
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.
Location. 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 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.[1]
C.
Health and sanitary requirements. A retail "Class B" or Class "B" license shall not be issued for any premises which does not conform to the sanitary, safety, and health requirements of the State Department of Commerce and its successor agency 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. Should a licensed premises fall below such standards, the license may be revoked or suspended pursuant to § 292-7.[2]
D.
Improper exhibitions. It shall be unlawful for any
person to perform or for any license or manager or agent of the license
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, custom 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.
E.
Delinquent payment. The City Clerk shall not issue
a license to any applicant occupying a premises for which real or
personal property taxes or special assessments are delinquent and
unpaid or to an applicant otherwise indebted to the City, the City's
utilities, or the county, state or federal government unless such
applicant shall make arrangements satisfactory to the Clerk to pay
such debts not less than 30 days before the expiration of the license.
F.
Clubs. No club shall sell or give away any intoxicating
liquors except to bone fide members and guests invited by members.
G.
Closing hours. 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. (local time), except on Saturday when the closing hour shall
be 9:00 p.m. (local time).
(3)
If a retail Class "A" license, between 12:00 midnight
and 8:00 a.m. (local time).
(4)
If a retail "Class B," Class "B" or "Class C" license,
between 2:00 a.m. and 6:00 a.m., Monday through Friday, and between
2:30 a.m. and 6:00 a.m. on Saturday and Sunday, except that:[4]
(a)
No package, container or bottle sales may be
made after 12:00 midnight (local time).
(b)
On January 1, "Class B" and Class "B" licensed
premises are not required to close, but the prohibition on sales for
off-premises consumption after 12:00 midnight remains in effect.
(c)
On the Sunday that daylight saving time begins
as specified in § 175.095(2), Wis. Stats., no premises may
remain open between 3:30 a.m. and 6 a.m.
(5)
Hotels and restaurants whose principal business is
the furnishing of food or lodging to patrons may remain open for the
conduct of their regular business, but no intoxicating liquors, wines
or fermented beverages shall be sold, dispensed, or served during
prohibited hours. In determining whether or not an establishment is
open for a purpose other then selling alcoholic beverages, the burden
shall be on the licensee.
(6)
No person shall loiter in a licensed establishment
after closing hours.
H.
Disorderly house.
(1)
Duty to maintain order. A licensee under this chapter
shall have a duty to maintain order and peace in and around the licensed
premises. This duty shall extend to and include any adjacent parking
lot or facility adjacent to and servicing the licensed premises.
(2)
Police power to close licensed premises.
(a)
Police Department. The Police Department may order any disorderly house closed until 8:00 a.m. the following day when, in the reasonable view of the Department, the licensee or person in charge failed to maintain peace and order as per Subsection H(1) of this section or the Department otherwise believes that the public peace and safety are served by such closing by reason of threat to the bodily security, property, or peaceful repose of any member of the general public.
(b)
The Building Inspector, Fire Chief, or Health Officer may request the Police Chief to order the temporary suspension of a restaurant and beverage license where an imminent health hazard exists on licensed premises pending a hearing pursuant to § 292-7. Such closing may act as grounds for suspension or revocation of a liquor license privilege under this chapter.
I.
Outdoor premises.
(1)
Retail licensee. A retail licensee may include in
the license an outdoor area immediately adjacent to the licensed premises
by describing the outdoor premises in detail on the license application.
Such premises shall be reviewed by the Ordinance Committee and granted
in the same manner as any other retail license.
(2)
Licensee responsibility. Any outdoor area licensed is subject to all regulations of this chapter and Ch. 125, Wis. Stats.
(3)
Nonlicensed outdoor area. An unlicensed area adjacent
to licensed premises which is used in conjunction with the licensed
premises shall not be used for the purpose of serving or consuming
alcoholic beverages.
(4)
The licensee shall maintain peace and order over any outdoor area adjacent to and used in conjunction with a licensed premises, whether or not said outdoor area is licensed. In the event that the Police Department receives two complaints concerning noise emanating from such outdoor area, or a complaint concerning disorderly activity in the outdoor area, or any agent or representative of the Police Department personally observes disorderly or unduly loud activity, the Police Department shall make all deliberate effort to contact the person in charge of the licensed premises and inform him/her of the complaint(s). If the activity complained of continues, the licensee is acting in violation of this section. Continued violations of this section may result in the Police Department exercising its authority under Subsection H(2) of this section and ordering any outdoor premises, or the entire licensed area, closed in the public interest. In exercising its authority under this subsection, the Police Department shall consider:
(a)
Time of day.
(b)
Ability of the licensee or an agent to control
the situation.
(c)
The number of complaints registered.
(d)
Any previous warnings.
(e)
Presence of unruly or disorderly activity and
the ability of the licensee and/or Police Department to control such
activity.
(f)
Cooperation of the licensee.
(g)
The amount of noise emanating from the area.
(h)
The proximity of residences, places of business,
or other members of the public to the complained of activity.
(i)
The likelihood of bodily harm or property damage
to the licensee, any members of the general public, or public property.
(j)
Amount or likelihood of disturbance of public
peace and repose.
J.
Restrictions on use of picnic license. No person holding a picnic license, as defined in § 292-1, shall permit the sale of fermented malt beverages unless a person holding an operator's license, also issued under this chapter, is in direct supervision and control of the area(s) in which the sale of fermented malt beverages is occurring. Where two areas of sale are used, at least one licensed operator must be present and in supervision of each area of sale.[5]
K.
Off-premises sales. No licensee shall sell or offer
to sell or serve any fermented malt beverage or intoxicating liquor
upon any public street, alley, sidewalk or other public way or area
open to the public in the City of Oconto Falls without specific authorization
of the Common Council.[6]
L.
Residential locations. No license shall be issued
to any person for the purpose of possessing, distributing, vending,
selling, serving, or offering to keep for sale at retail or wholesale,
deal or traffic in, or, for the purpose of evading any law or ordinance,
give away any intoxicating liquor or fermented malt beverage, or cause
the same to be done, in any dwelling house, flat or residential apartment
or accessory building located on the same lot as a dwelling house,
flat or residential apartment.
M.
Revocation of license. Whenever any license has been
revoked:
N.
Voting stock. No license shall be granted to any corporation,
cooperative, partnership, or organization when more than 50% of the
voting stock interest, legal interest, or beneficial interest is held
by any person or persons not eligible for a license under state statutes
or municipal ordinance.
O.
Residency. No license hereunder shall be granted to
any person under 18 years of age, and the applicant must be of good
moral character and a resident of the State of Wisconsin for 90 continuous
days prior to the date of filing application.
P.
Convictions.
(1)
No retail "Class A," "Class B," Class "A," Class "B"
or "Class C" license shall be issued to any person who has been convicted
of violation of any federal or state liquor or fermented malt beverage
law or the provisions of this chapter during one year prior to such
application. A conviction of an individual controlling more then 50%
of the voting stock interest, legal interest, or beneficial interest
of a corporation, cooperative, partnership, or other organization
shall make the corporation, cooperative, partnership, or other organization
ineligible for such a license for one year.[7]
(2)
No license shall be issued to any person who has been
convicted of any offense against this state, punishable by imprisonment
in the state prison, unless the person so committed has been duly
pardoned.
Q.
Violations by agents and employees. A violation of
this section by an authorized agent or employee of a licensee shall
constitute a violation by the licensee.
A.
Application.
(1)
Application for an operator's license shall be made
to the City Clerk on a form supplied by the City Clerk's office. All
applications shall be completed and submitted to the City Clerk at
least seven days in advance of a regular Common Council meeting.
(2)
All applications shall be accurately completed in
their entirety or shall be rendered void by the City Clerk.
(3)
Upon receipt of an application, the City Clerk shall
forward the application to the Police Department for verification
of the veracity of the application as well as research into the qualifications
of the applicant in accordance with the requirements of § 125.04,
Wis. Stats.
(5)
No operator's license shall be issued prior to a regular
meeting of the Common Council or a special meeting of the Common Council
for such purpose.
(6)
The operator's license may be granted by the Common
Council without further review in the event that the Police Department
approves of the application.
(7)
The license shall be issued for a period of one or
two license years.
B.
Provisional license. The City Clerk shall be authorized
to issue a provisional operator's license upon receipt of the regular
operator's license application. A provisional license shall expire
within 30 days of issuance. The requirements and provisions of § 125.17,
Wis. Stats., relating to a provisional operator's license, except
for those addressing the length of validity for a provisional license,
are hereby adopted and made part of this chapter as if set forth fully
herein. Future amendments are also adopted prospectively, incorporated
herein, and are intended to become a part of this chapter.
C.
Denial of operator's license.
(1)
If the Police Department determines that any portion
of the application is false or that the applicant, subject to § 111.322,
Wis. Stats., does not possess the qualifications under § 125.04,
Wis. Stats., the license may be denied by the Police Department.
(2)
The Clerk's office shall notify any applicant so denied.
(3)
Any applicant whose application has been denied may
appeal such determination to the Ordinance Committee. Upon appeal,
the Ordinance Committee shall, subject to § 111.322, Wis.
Stats., determine if the applicant possesses the qualifications of
§ 125.04, Wis. Stats. After making such determination, the
Ordinance Committee shall forward its recommendation to the Common
Council.
D.
Issuance of license. The City Clerk shall not issue
any operator's license until all the requirements above have been
satisfied.
A.
Notification. Any licensee wishing to operate as a
dry bar shall notify the City Police Department of such operation
a minimum of 24 hours in advance of the commencement of such operation.
The notification shall include information as to any live band or
disc jockey to be used during the dry bar operation.
B.
Removal of alcohol. During the operation of the dry
bar, all liquor, wine, or fermented malt beverages must be removed
from the room where the operations are conducted in advance of the
dry bar operations.
C.
Closing time. While operating as a dry bar, the closing
time shall be 10:00 p.m. (local time) Sunday through Thursday and
12:00 midnight (local time) Friday and Saturday.
D.
Possession of alcohol. Any person in the possession
of liquor, wine or fermented melt beverage while entering the premises
during the operation of a dry bar shall be immediately removed from
the premises and readmitted only if he/she no longer is in possession
of said alcoholic beverages.
