[HISTORY: Adopted by the Common Council of
the City of Waterloo 10-19-1987 by Ord. No. 87-6 as §§ 12.02
and 12.15 of the 1987 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch.
273.
Peace and good order — See Ch.
278.
Soda water beverages — See Ch.
313.
[Amended by Ord. No. 88-4]
The provisions of Ch. 125, Wis. Stats., relating
to the sale of intoxicating liquor and fermented malt beverages, except
§§ 125.03, 125.075, 125.15, 125.16, 125.19, 125.29,
125.30, 125.32(3), 125.33, 125.52, 125.53, 125.54, 125.55, 125.56,
125.58, 125.60, 125.61, 125.62, 125.65, 125.67 and 125.69, exclusive
of any provisions thereof relating to the penalty to be imposed or
the punishment for violation of said statutes, are hereby adopted
and made a part of this chapter by reference. A violation of any such
provision shall constitute a violation of this chapter.
As used in this chapter, the following definitions
apply:
Application for a license to sell or deal in
alcohol beverages shall be made in writing on the form prescribed
by § 125.04(3), Wis. Stats., and shall be filed, together
with the cost of publication as provided by § 125.04(3)(g)6,
Wis. Stats., with the Clerk-Treasurer not less than 15 days prior
to the granting of the license. However, applications for licenses
to be issued under § 125.26(6), Wis. Stats., shall be filed
with the Clerk-Treasurer not less than three days prior to the granting
of the license. Further, as a condition of granting an operator's
license, the applicant shall sign a waiver permitting the City to
secure from the Federal Bureau of Investigation and the Wisconsin
Crime Information Bureau a record check of the applicant.
[Amended 5-21-2020 by Ord. No. 2020-03]
The Clerk-Treasurer shall notify the Chief of
Police of each new license and permit application and these officials
shall review such application and inspect, or cause to be inspected,
the premises to determine whether the applicant and the premises sought
to be licensed comply with the regulations, ordinances and laws applicable
thereto. The Chief shall furnish to the Council, or to the Clerk-Treasurer
in the case of operator's licenses, in writing, the information derived
from such investigation. No license shall be renewed without a report
from the Chief of Police.
[Amended by Ord. No. 88-4; Ord. No. 91-2; Ord. No. 92-2; Ord. No. 97-4; 11-17-2005 by Ord. No. 2005-4]
The fees for issuance of fermented malt beverage
and intoxicating liquor licenses shall be as follows:
A. Class "A" fermented malt beverages. Fees are as stated
in the City of Waterloo Fee Schedule.
B. Class "B" fermented malt beverages. Fees are as stated
in the City of Waterloo Fee Schedule. A six-month license may not
be renewed in the same calendar year.
C. Temporary Class "B" license (picnic license). Fees
are as stated in the City of Waterloo Fee Schedule. This license is
issued to organizations to sell or serve fermented malt beverages
and wine containing not more than 6% alcohol by volume at a picnic,
meeting or gathering. See also § 125.26(6), Wis. Stats.
D. "Class A" intoxicating liquor. Fees are as stated
in the City of Waterloo Fee Schedule.
E. "Class B" intoxicating liquor. Fees are as stated
in the City of Waterloo Fee Schedule.
F. "Class C" wine. Fees are as stated in the City of
Waterloo Fee Schedule. This license is issued to restaurants for the
sale of wine by the glass. Sale of alcohol beverages must account
for less than 50% of gross receipts, and no barroom is permitted if
the City's "Class B" quota prohibits the issuance of a "Class B" license.
[See § 125.51(3m), Wis. Stats.]
G. Wholesaler's fermented malt beverages. Fees are as
stated in the City of Waterloo Fee Schedule.
H. Operator's license. Operators' licenses are issued
every two years, to expire on June 30, as provided in § 125.17(3),
Wis. Stats. Fees for new and renewal licenses are as stated in the
City of Waterloo Fee Schedule. No new operator's license shall be
granted unless the applicant has successfully completed a responsible
beverage server training course approved by the Wisconsin Department
of Revenue or is otherwise exempt from such requirements under § 125.17(6)(a),
Wis. Stats. Licenses shall be renewed every two years commencing with
July 1, 1997.
[Amended 3-16-2017 by Ord. No. 2017-01]
(1) The
Clerk-Treasurer may issue a new, renewal or provisional operator's
license to a person:
[Amended 5-21-2020 by Ord. No. 2020-03]
(a) Enrolled in said training course and shall revoke such license if
the applicant fails to successfully complete the course.
(b) Who at the time of applying and paying the fee, files a certified
copy of a valid operator's license issued by another municipality
as provided in § 125.17(5)(a)2,Wis. Stats.
I. Provisional operator's license. Fees are as stated in the City of Waterloo Fee Schedule for a license up to 60 days. (See also Subsection
H above.)
J. Temporary license. Fees are as stated in the City
of Waterloo Fee Schedule for a license up to 14 days. The Clerk-Treasurer
shall issue temporary licenses.
K. Transfer of license to another premises. Fees are
as stated in the City of Waterloo Fee Schedule.
[Amended by Ord. No. 90-8; Ord. No. 97-4; 5-21-2020 by Ord. No. 2020-03]
All applications for a bi-yearly operator's
license shall be filed in the office of the Clerk-Treasurer on or
before May 31 of odd-numbered years; said license will expire on June
30 of the next odd-numbered year. License fees shall not be prorated
even though the licenses are issued for less than a full term.
No person shall vend, sell, deal or traffic
in or, for the purpose of evading any law or ordinance, give away
any liquor or fermented malt beverages, or cause the same to be done,
without having procured a license as provided in this chapter nor
without complying with all provisions of this chapter and all statutes,
ordinances and regulations applicable thereto. A license shall be
required for each stand, place, room or enclosure or for each suite
of rooms or enclosures which are in direct connection or communication
with each other where liquor and fermented malt beverages are kept,
sold or offered for sale; no license shall be issued to any person
for the purpose of possessing, selling or offering for sale any liquor
or fermented malt beverage in any dwelling, house, flat or residential
apartment.
A. Natural persons. Licenses related to alcohol beverages,
issued to natural persons under this chapter, may be issued only to
persons who:
(1) Do not have an arrest or conviction record, subject
to §§ 111.321, 111.322 and 111.335, Wis. Stats.
(2) Have been residents of this state continuously for
at least 90 days prior to the date of filing the application for license,
except that Class B licenses may be issued to a person who has been
a resident of the state continuously for 90 days prior to the date
of the application.
[Amended 9-20-2007 by Ord. No. 2007-18]
(3) Have attained the legal drinking age, except that
operators' licenses may be issued to persons who have attained the
age of 18.
(4) Have successfully completed a responsible beverage
server training course approved by the Wisconsin Department of Revenue
or are otherwise exempt from such requirement under § 125.17(6)(a),
Wis. Stats.
[Added by Ord. No. 95-2; amended 5-21-2020 by Ord. No. 2020-03]
B. Criminal offenders. No license or permit related to
alcohol beverages may, subject to §§ 111.321, 111.322
and 111.335, Wis. Stats., be issued under this chapter to any natural
person who has been convicted of a felony unless the person has been
duly pardoned.
C. Corporations. No license or permit may be issued to any corporation unless the agent of the corporation appointed under § 125.04(6), Wis. Stats., and the officers and directors of the corporation meet the qualifications of Subsections
A(1) and
(3) and
B above, except that Subsection
A(2) does not apply to agents.
[Amended by Ord. No. 91-6; Ord. No. 96-11]
A. The number of "Class B" intoxicating liquor licenses
to be issued hereunder is limited to the number permitted under § 125.51(4),
Wis. Stats.
B. The definitions of the terms "license," "population"
and "quota" shall be as set forth in § 125.51(2) and (4),
Wis. Stats.
C. The City
may issue licenses exceeding its quota as provided for in § 125.51(4)(v),
Wis. Stats., as amended from time to time. For purposes of applying
the provisions thereof, the seating capacity of a 300 or more person,
full-service restaurant shall be determined based upon the actual
seat count in the restaurant facility, including the table seating,
bar seats, and waiting areas. Where seating is provided for by bench
seating, the count shall be one person for each 18 inches of bench
width; and where seating is provided by booth, the count shall be
one person for each 24 inches of booth width.
[Added 3-6-2008 by Ord. No. 2008-04]
In addition to the conditions and restrictions
imposed by state law on the granting of Class A and Class B fermented
malt beverage licenses and intoxicating liquor licenses hereunder,
the following conditions and restrictions shall apply:
A. Consent to inspection of premises. It shall be a condition
of any license issued hereunder that the licensed premises may be
entered and inspected at any reasonable hour by any police officer
of the City without any warrant, and the application for a license
hereunder shall be deemed a consent to this provision. If such inspection
is denied, such denial shall be deemed a violation of this chapter.
B. Violation by agents or employees. A violation of this
chapter by a duly authorized agent or employee of a licensee shall
constitute a violation of the licensee.
C. Sales to underage persons prohibited. No alcohol beverage
shall be sold, dispensed, given away or furnished to any underage
person unless he is accompanied by a parent, guardian or spouse who
has attained the legal drinking age.
D. Sales by clubs. No club shall sell intoxicating liquors
or fermented malt beverages except to members and guests invited by
members.
E. Commencement of operations. Within 90 days after the
issuance of a "Class B" intoxicating liquor license or a Class "B"
fermented malt beverage license, the licensee shall be open for business
with adequate stock and equipment. Upon his failure to do business
within such time, his license shall be subject to revocation by the
Council after a public hearing. The Council may, for a good cause
shown, extend such ninety-day period.
F. Revocation and refusal to renew inactive liquor licenses.
It shall be deemed a ground for nonrenewal or revocation of any license
issued under this section, in addition to those grounds specified
in § 125.12, Wis. Stats., if any of the following conditions
at any time exist:
[Amended 4-20-2006 by Ord. No. 2006-05]
(1) If the licensee is not conducting the business of
the sale, or the offering for sale, of alcohol beverages on the licensed
premises during the month immediately preceding the close of the license
year; provided, however, that this shall have no application where
the business is closed due to fire or other casualty occurring to
the licensed premises.
(2) If the license holder of the Class B retailers’
license for the sale of fermented malt beverages (Class “B”)
and intoxicating liquors (“Class B”) has not sold or offered
for sale alcohol beverages on the licensed premises for a minimum
of 90 days during the license year immediately preceding the license
year for which the application for a renewal is made.
(3) If the licensee loses physical possession or occupation
of the licensed premises through a judgment of foreclosure, seizure
under a writ or execution or attachment to satisfy a judgment of record,
assignment for the benefit of creditors, adjudication of the United
States Bankruptcy Court, termination of a lease or rental agreement,
or abandonment by the licensee.
G. Transfer of license. No license shall be transferable
from person to person except as provided in § 125.04(12)(b),
Wis. Stats., or from place to place, except as provided in § 125.04(12)(a),
Wis. Stats.
H. Safety and health requirements. No retail Class B
license shall be issued unless the premises to be licensed conform
to the sanitary, safety and health requirements of the State Building
Code, the State Plumbing Code and the rules and regulations of the
State Department of Health and Family Services applicable to restaurants,
and also shall conform to all ordinances and regulations of the City.
I. Clear view of premises required. Except as otherwise
provided in this section, all windows in the front of any licensed
premises shall be of clear glass, unobstructed by any signs, advertising
material or venetian blinds, and the premises shall be so arranged
as to furnish a clear view of the entire premises from the sidewalk
at all times.
J. City taxes and claims. No license shall be granted
for operation on any premises upon which personal property taxes or
assessments or other financial claims of the City are delinquent and
unpaid.
K. Disorderly conduct and gambling prohibited. Each licensed
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 licensed premises.
L. Wearing apparel. All persons involved in the operation
of any licensed premises under this chapter, whether as licensee,
member of the immediate family of the licensee, licensed operator,
unlicensed operator under the supervision of the licensee or licensed
operator, waiter, waitress, entertainer, dancer or any other employee,
shall observe the following applicable minimum standards for such
licensed premises:
(1) The costume, uniform or attire of any female shall
be of nontransparent material and must completely cover the breasts
at all times. The lower portion of such costume, uniform or attire
must be of nontransparent material and completely cover the mons pubis
genitals and the buttocks at all times.
(2) The costume, uniform or attire of any male shall be
of nontransparent material and must completely cover the pubic area,
genitals and buttocks at all times.
M. Posting of licenses required. Licenses or permits
issued under this chapter shall be posted and displayed as provided
in § 125.04(10), Wis. Stats., and any licensee or permittee
who shall fail to post his license or permit as therein required shall
be presumed to be operating without a license.
N. Dancing regulated. No dancing shall be permitted upon premises licensed under this chapter by patrons or entertainers unless permitted under Chapter
172 of this Code.
No premises for which an alcohol beverage license
has been issued shall remain open for the sale of alcohol beverages
as follows:
A. Wholesale license: between 5:00 p.m. and 8:00 a.m.,
except Saturdays when the closing hour shall be 9:00 p.m.
B. Retail "Class A" or Class "A" license: between 9:00
p.m. and 6:00 a.m.
[Amended 3-15-2012 by Ord. No. 2012-01]
C. Retail Class B license. No premises for which a retail
Class B liquor and malt beverage license has been issued shall be
permitted to remain open for sale of alcohol beverages between the
hours of 2:00 a.m. and 6:00 a.m. on Monday through Friday and between
the hours of 2:30 a.m. and 6:00 a.m. on Saturday and Sunday.
[Amended by Ord. No. 1-00]
D. Hotels and restaurants. Hotels and restaurants, the principal business of which is the furnishing of food and/or lodging to patrons, shall be permitted to remain open after closing hours for the conduct of regular business but shall not sell alcohol beverages during the closing hours stated in Subsection
C above.
E. Presence on premises after closing hour restricted.
(1) Any person who is not an employee of the licensee
who remains on the premises after the designated closing hour is subject
to the penalties as provided in this chapter.
(2) Any person, while on the premises after closing hours,
must be actively engaged in bona fide business activities and may
not consume alcohol beverages.
A. Sale restrictions. Pursuant to § 125.51(3)(b),
Wis. Stats., no person may sell intoxicating liquor in an original
unopened package, container or bottle for consumption away from the
premises in excess of four liters at any one time on any premises
for which any "Class B" intoxicating liquor license or combination
Class B alcohol beverage license has been issued. However, packaged
goods sales of fermented malt beverages and wine from such premises
may be made in any quantity.
B. Hours of sale. Between the hours of 12:00 midnight
and 6:00 a.m., no person may sell any packaged goods from any Class
B licensed premises.
[Amended 3-15-2012 by Ord. No. 2012-01]
A. Restrictions. Pursuant to § 125.07(3), Wis.
Stats., an underage person not accompanied by his parent, guardian
or spouse who has attained the legal drinking age may not enter or
be on any premises for which a license or permit for the retail sale
of alcohol beverages has been issued for any purpose except the transaction
of business pertaining to the licensed premises with or for the licensee
or his employee. The business may not be amusement or the purchase,
receiving or consumption of edibles or beverages or similar activities
which normally constitute activities of a customer of the premises.
B. Exceptions. Subsection
A above shall not apply to:
(1) An underage person who is a resident, employee, lodger
or boarder on the licensed premises.
(2) An underage person who enters a Class A premises for
the purpose of purchasing edibles and soft drinks and immediately
thereafter leaves such premises.
(3) Hotels, drugstores, grocery stores or bowling alleys
or athletic fields or stadiums owned by a county or municipality.
(4) Licensed restaurants where the principal business
is that of a restaurant.
(5) A person who is at least 18 years of age and who is
working under a contract with the licensee to provide entertainment
for customers on the premises.
(6) An underage person who enters on Class "B" or "Class
B" premises on dates specified by the licensee when no alcohol beverages
will be consumed, sold or given away. The licensee shall notify the
Police Department of such specified dates; unless all alcohol beverages
are stored in a locked portion of the premises, the licensee or a
licensed operator must be on the premises at all times.
A. Restrictions. Pursuant to § 125.07(4)(b)
and (bm), Wis. Stats., no underage person not accompanied by a parent,
guardian or spouse who has attained the legal drinking age may knowingly
possess or consume alcohol beverages.
B. Exceptions. An underage person may possess alcohol
beverages if employed by any of the following:
(2) A fermented malt beverages wholesaler.
(3) A permittee other than a Class "B" or "Class B" permittee.
(4) A facility for the production of alcohol fuel.
(5) A retail licensee or permittee under the conditions
specified in § 125.32(2) or 125.68(2), Wis. Stats., or for
delivery of unopened containers to the home or vehicle of a customer.
(6) A campus, if the underage person is at least 18 years
of age and is under the immediate supervision of a person who has
attained the legal drinking age.
C. Selling or serving alcohol beverages. Pursuant to
§§ 125.32(2) and 125.68(2), Wis. Stats., any underage
person who is at least 18 years of age may sell or serve alcohol beverages
on any Class A or Class B premises, provided that such underage person
is under the immediate supervision of the licensee, agent or manager,
or a licensed operator, who is on the premises at the time of such
sale or service.
A. Procedure. Except as hereinafter provided, the provisions
of § 125.12(2) and (3), Wis. Stats., shall be applicable
to proceedings for revocation or suspension of licenses or permits
granted under this chapter. Revocation or suspension proceedings may
be initiated upon written complaint by the Mayor or the Chief of Police
or by the Council upon its own motion.
B. Repossession of license or permit. Whenever any license
or permit shall be revoked or suspended pursuant to this section,
the Clerk-Treasurer shall notify the licensee or permittee and the
Chief of Police of such revocation or suspension, and the Chief of
Police or his designee shall take physical possession of the license
or permit wherever it may be found and file it in the office of the
Clerk-Treasurer.
C. Effect of revocation of license. No license shall
be issued to any person who has had a license issued pursuant to this
chapter revoked within 12 months prior to application.
[Added by Ord. No. 99-4]
A. 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:
(1) Shows his or her genitals, pubic area, vulva, anus,
anal clef or cleavage with less than a fully opaque covering.
(2) Shows any portion of the female breast below a point
immediately above the top of the areola.
(3) Shows the covered male genitals in a discernibly turgid
state.
B. Exemptions. The provisions of this section do not
apply to licensed establishments such as 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.
C. Definitions. For purposes of this section, the following
definitions apply:
LICENSED ESTABLISHMENT
Any establishment licensed by the City to sell alcohol beverages
pursuant to Ch. 125, Wis. Stats.
LICENSEE
The holder of a retail "Class A," "Class B," Class "B," Class
"A" or "Class C" license granted by the City pursuant to Ch. 125,
Wis. Stats.
D. Penalties. Any person who violates any of the provisions
of this section shall be subject to a forfeiture of not less than
$200 and not more than $1,000 per violation. A separate offense and
violation shall be deemed committed on each day on which a violation
occurs or continues. In addition, violation of this section constitutes
sufficient grounds for suspending, revoking or nonrenewing an alcohol
beverage license under § 125.12, Wis. Stats.
Except as otherwise specifically provided in this chapter, any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a forfeiture as provided in Chapter
1, §
1-4 of this Code.
[Added 1-15-2009 by Ord. No. 2009-01]
An establishment meeting the definitions of and requirements
for a restaurant provided by § 254.61(5) and 254.61(5m),
Wis. Stats., may be eligible for a liquor license when meeting the
following criteria:
A. Three hundred or more persons can be seated on the premises:
(1) Bench seats must allow for 18 inches per person.
(2) The three-hundred-person seating may be met by seating for no more
than 30 persons outside.
(3) If three-hundred-person seating includes outdoor seating, boundaries
of the outdoor seating area must be clearly delineated by a continuous
permanent barrier, which may include gates with functional closure
mechanisms.
(4) The outdoor portion of three-hundred-person seating must include
protection from the weather, such as awnings, roofs, or canopies for
a minimum of 10 seats.
B. Outside seating that is not part of the three-hundred-person seating
must be clearly delineated by continuous barriers no less than three
feet high (permanent or temporary fencing or walls); gates are acceptable
if they have operating closure mechanisms.
C. The building is a permanent structure and documented to conform to
municipal code.
D. The building has functional electric wiring to code.
E. Plumbing is functional, and connected to City water and sewer pipelines.
F. Bathrooms meet the following criteria:
(2) Sinks and toilets are permanent fixtures.
(3) Plumbing is connected to City water and sewer.
(4) At least two separate bathrooms (male and female, or unisex).
G. Kitchens must meet Health Department standards if meals are prepared
on the premises; otherwise not required if food is catered or sold
but not prepared on premises.
H. Hours of operation as provided by § 254.61, Wis. Stats.
(event-based or scheduled) must be specified at time of application
for a liquor license.
I. Customers may not be discriminated against by gender, race, creed,
political affiliation, sexual orientation, religious beliefs, or membership
in a club or registered organization:
(1) Exceptions are when the facility is rented for a private event, provided
all groups have equal opportunity for renting the facility.
J. Restaurant meets liquor license restrictions specified in §
223-10 and in Chapter
223.
[Added 3-19-2009 by Ord. No. 2009-04; amended 5-20-2010 by Ord. No.
2010-03]
No person shall sell, possess or consume alcoholic beverages
on any public property when such property is being used to host a
youth-oriented event(s). A "youth-oriented event" is any social, recreational,
cultural or educational activity focused primarily on persons who
have not attained the age of 16 years; and examples of such events
are youth sporting and recreational events. The foregoing restriction
shall not apply to events that are oriented to the general public
such as Independence Day, Weiner & Kraut Day, and similar events.
For purposes of this section, "public property" shall mean any public
lands or portions thereof where the specific youth activity is occurring.