[HISTORY: Adopted by the Common Council of the City of Markesan as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 9, Secs. 9.08 and 9.25, of the 1991 Municipal Code]
As used in this article, the following terms shall have the meanings indicated:
LICENSED PREMISES
The area within a building or structure which is licensed pursuant to Article II, Licenses and Regulations, of this chapter, but not including parking lots, sidewalks, roadways or land which is adjacent to the building or structure and within the property boundary lines.
PUBLIC PARKING LOT
Any area held out to the public for the parking of motor vehicles, whether such area is publicly or privately owned.
PUBLIC PROPERTY
Any property, including buildings or structures thereon, which is owned, leased or operated by the City, or public, private or parochial schools; public sidewalks; roadways and streets; playgrounds; parks; and alleys.
No person shall consume any fermented malt beverage or intoxicating liquor in or upon any public property or public parking lot.
No person who has purchased fermented malt beverages or intoxicating liquor from any Class B licensed premises shall consume said beverages or liquor outside of such premises.
A. 
The prohibitions in §§ 200-2 and 200-3 above shall not apply to those events or activities which are otherwise permitted or licensed pursuant to Article II, Licenses and Regulations, of this chapter.
B. 
The prohibition in § 200-2 above shall not apply to a school-sponsored activity when specifically permitted in writing by the school administrator.
C. 
The prohibitions in §§ 200-2 and 200-3 above shall not apply to those persons who transport unopened fermented malt beverages or intoxicating liquor from a point of purchase to their destination unless it is in violation of § 346.93, Wis. Stats.
D. 
The prohibitions in § 200-2 above shall not apply to fermented malt beverages and intoxicating liquor consumed at picnics in City parks. However, no drinking in parks is permitted between 10:00 p.m. and 7:00 a.m.
Any person who shall violate any provision of this article shall be subject to a penalty as provided in § 1-3 of the Code of the City of Markesan.
[Adopted as Ch. 12, Secs. 12.02 and 12.15, of the 1991 Municipal Code]
[Amended 4-14-2015 by Ord. No. 233]
The provisions of Ch. 125, Wis. Stats., relating to the sale of intoxicating liquor and fermented malt beverages are hereby adopted and made a part of this section by reference. A violation of any such provision shall constitute a violation of this article.
As used in this article, the following definitions apply:
LEGAL DRINKING AGE
Twenty-one years of age.
LICENSED ESTABLISHMENT
Any establishment licensed by the Common Council to sell alcohol beverages pursuant to Ch. 125, Wis. Stats.
[Added by Ord. No. 223]
LICENSEE
The holder of a retail "Class A," "Class B," Class "A," Class "B" or Class "C" license granted by the Common Council pursuant to Ch. 125, Wis. Stats.
[Added by Ord. No. 223]
OUTDOOR AREA
An area, whether or not enclosed by a roof, which is open to the elements, and which is not constructed for year-round use.
[Added by Ord. No. 223]
OUTDOOR PREMISES
A licensed premises located in an outdoor area.
[Added by Ord. No. 223]
UNDERAGE PERSON
A person who has not attained the legal drinking age.
A. 
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) and 125.51(10), Wis. Stats., shall be filed with the Clerk-Treasurer not less than three days prior to the granting of the license.
B. 
Operator's license application. All applications for an annual operator's license shall be filed in the office of the Clerk-Treasurer on or before May 31 of each year, provided that nothing shall prevent the Common Council from granting any license which is applied for at least three working days before a Common Council meeting at any other time for a fraction of the year for the annual fee. Applications for licenses under § 125.17(5), Wis. Stats., shall be filed not less than 24 hours prior to issuance. 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 4-14-2015 by Ord. No. 233]
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 Common Council, 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. 130; Ord. No. 164; Ord. No. 223; 4-14-2015 by Ord. No. 233]
Licenses issued for less than 12 months shall be prorated. The fees for issuance of fermented malt beverage and intoxicating liquor licenses for the following shall be as set from time to time by resolution of the Common Council:
A. 
Class "B" fermented malt beverage license.
B. 
Retail Class "A" fermented malt beverage. See § 125.25, Wis. Stats.
C. 
Temporary Class "B" licenses.
(1) 
Picnic license, beer. Issued to organizations enumerated in § 125.26(6), Wis. Stats., to sell or serve fermented malt beverages at a picnic, meeting or gathering.
(2) 
Picnic license, wine. Except that no fee shall be charged in the event a license under Subsection C(1) above is simultaneously issued. See § 125.51(10), Wis. Stats.
[Amended 4-14-2015 by Ord. No. 233]
(3) 
The Clerk-Treasurer, upon the recommendation of both the Police Chief and Mayor, may issue a picnic license to an organization who has applied for a Temporary Class "B" picnic license.
[Added 4-26-2018 by Ord. No. 240]
D. 
"Class B" intoxicating liquor license, except the license fee for bona fide clubs and lodges situated and incorporated or chartered in the state for at least six years shall be a separately designated amount, as provided in § 125.51(3)(e), Wis. Stats.
E. 
Retail "Class A" intoxicating liquor license. See § 125.51(2), Wis. Stats.[1]
[1]
Editor's Note: Original 12.02(5)(d), Wholesalers fermented malt beverage license, which immediately followed this subsection, was repealed 4-14-2015 by Ord. No. 233.
F. 
Operator's license. Effective July 1, 1991, no new operator's license shall be granted unless the applicant has successfully completed a responsible beverage server training course which is approved by the Wisconsin Department of Revenue or is otherwise exempt from such requirement under § 125.17(6)(a), Wis. Stats. The Clerk-Treasurer may issue a provisional operator's license to a person who is enrolled in said training course and shall revoke such license if the applicant fails to successfully complete the course.
[Amended 4-14-2015 by Ord. No. 233]
G. 
Provisional license. See § 125.17(5), Wis. Stats.
(1) 
The Clerk-Treasurer, upon the recommendation of the Police Chief, may issue a provisional operator's license to a person who has applied for an operator's license.
(2) 
No such license shall be issued unless the applicant is enrolled in a responsible beverage server training course as provided in Subsection G above. (Effective July 1, 1991)
H. 
Transfer of license to another premises.
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 article nor without complying with all provisions of this article, 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 to 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 person under this section, 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., of four or more arrests or convictions in the five years prior to application or three or more arrests or convictions in the two years prior to application.
[Amended 4-14-2015 by Ord. No. 233]
(2) 
Have been residents of this state continuously for at least 90 days prior to the date of filing the application for license.
(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 submitted proof of having a seller's permit under § 77.61(11), Wis. Stats.
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 section to any 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., meets the qualifications of Subsection A(1), (2) and (3) and Subsection B and the officers and directors of the corporation meet the qualifications of Subsection A(1) and (3) and Subsection B above.
[Amended 4-14-2015 by Ord. No. 233]
A. 
"Class B" intoxicating liquor. 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. 
Class "B" fermented malt beverage. The number of Class "B" fermented malt beverages licenses is limited to four.
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 section.
B. 
Violation by agents or employees. A violation of this section 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 Common Council after a public hearing. The Common Council may, for a good cause shown, extend such ninety-day period.
F. 
Cessation of operations. If any licensee shall suspend or cease doing business for 90 consecutive days or more, his "Class B" intoxicating liquor license or his Class "B" fermented malt beverage license shall be subject to revocation by the Common Council after a public hearing. The Common Council may, for a good cause shown, extend such ninety-day period.
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 Services applicable to restaurants, and also shall conform to all ordinances and regulations of the City.
I. 
Outdoor beer gardens. No holder of a "Class B," Class "B" and/or "Class C" license may operate said license in any outdoor area, unless said outdoor area was included in a description of the premises, with said outdoor area also being subject to all State and City laws, rules, regulations, and lawful orders governing "Class B," Class "B," and/or "Class C" premises.
[Amended by Ord. No. 223]
(1) 
The outdoor premises shall only be used for an outdoor smoking area serving food and alcohol. No part of said area shall be used for recreational activities, including, but not limited to, volleyball, horseshoes, darts, and softball. This subsection does not affect the licensing provisions for fraternal, volunteer or nonprofit organizations.
(2) 
Lighting of the area shall be shielded and not be of intensity or brilliance to create glare which is distracting to adjoining property owners or can become a hazard or danger to vehicular traffic.
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 prohibited. Each licensed premises shall at all times be conducted in an orderly manner and no disorderly, riotous or indecent conduct shall be permitted at any time on any licensed premises.
[Amended by Ord. No. 223]
L. 
Wearing apparel. All persons involved in the operation of any licensed premises under this section, 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 pubic area, genitals and the buttocks at all times.
[Amended 4-14-2015 by Ord. No. 233]
(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 section 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. 
License holders shall be directly responsible for the conduct of their employees and patrons. In addition to any violation as set forth in § 125.12(2), Wis. Stats., three or more citations issued by the Police Department resulting in successful convictions against the license holder during a license period, i.e., July 1 to June 30, shall constitute sufficient grounds to suspend or revoke the license, subject to the hearing requirement under § 200-20 of this chapter. Multiple citations issued at the same incident shall be viewed as one citation for purposes of this section.
[Amended by Ord. No. 224; 4-14-2015 by Ord. No. 233]
[Added by Ord. No. 187]
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, independent contractor, entertainer or patron to perform or engage in a live act, demonstration, dance, stunt 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; or
(3) 
Shows the covered male genitals in a discernibly turgid state.
B. 
Exemptions. The provisions of this section do not apply to recognized 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.[1]
[1]
Editor's Note: Former Section 12.02(10a)(c), which immediately followed this subsection, was repealed by Ord. No. 223.
C. 
Penalties. Any person who violates any of the provisions of this section shall be subject to a forfeiture of not less than $500 nor 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 may constitute sufficient grounds for suspending, revoking or nonrenewing an alcohol beverage license under § 125.12, Wis. Stats.
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 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., except on Saturday and Sunday the closing hour shall be 2:30 a.m.; on January 1, there are no closing hours.
C. 
Retail Class A license. No premises for which a retail Class A liquor or malt beverage license has been issued shall remain open for the sale of alcohol beverages between the hours of 12:00 midnight and 6:00 a.m. Class A premises may remain open during those hours for the conduct of any other regular business, but may not sell alcohol beverages during closing hours.
[Added 4-14-2015 by Ord. No. 233]
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 B 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) and 125.26(1), 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 anyone 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.
[Amended 4-14-2015 by Ord. No. 233]
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 by Ord. No. 225]
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) 
Hotels, drugstores, grocery stores or bowling alleys or athletic fields or stadiums owned by a county or municipality.
(3) 
Licensed restaurants where the principal business is that of a restaurant.
(4) 
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.
(5) 
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:
(1) 
A brewer.
(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, if such person holds an operator's license, or 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.
[Amended 4-14-2015 by Ord. No. 233]
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 article. Revocation or suspension proceedings may be initiated upon written complaint by the Mayor or the Chief of Police or by the Common 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 for any premises if a license covering such premises has been revoked within six months, or to any person who has had a license issued pursuant to this article revoked within 12 months prior to application.
Except as otherwise specifically provided in this article, any person who shall violate any provision of this article or any order, rule or regulation made hereunder shall be subject to a forfeiture as provided in § 1-3 of the Code of the City of Markesan.