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.
A. 
Retail "Class A" intoxicating liquor license. A retail "Class A" intoxicating liquor license, when issued by the City Clerk-Treasurer under the authority of the Common Council, shall permit its holder to sell, deal and traffic in intoxicating liquors only in original packages or containers and to be consumed off the premises so licensed.
B. 
Retail "Class B" intoxicating liquor license. A retail "Class B" intoxicating liquor license, when issued by the City Clerk-Treasurer under authority of the Common Council, shall permit its holder to sell, deal and traffic in intoxicating liquors to be consumed by the glass only on the premises so licensed and in the original package or container, in multiples not to exceed four liters at any one time, to be consumed off the premises, except that wine may be sold in the original package or otherwise in any other quantity to be consumed off the premises.
C. 
Class "A" fermented malt beverage retailer's license. A Class "A" fermented malt beverage retailer's license, when issued by the City Clerk-Treasurer under the authority of the Common Council, shall entitle the holder thereof to possess, sell or offer for sale fermented malt beverages only for consumption away from the premises where sold and in the original packages, containers or bottles. Such license may be issued after July 1. The license shall expire on the following June 30.
D. 
Class "B" fermented malt beverage retailer's license.
(1) 
License. A Class "B" fermented malt beverage retailer's license, when issued by the City Clerk-Treasurer under the authority of the Common Council, shall entitle the holder thereof to possess, sell or offer for sale fermented malt beverages either to be consumed upon the premises where sold or away from such premises. The holder may also sell beverages containing less than 1/2 of 1% of alcohol by volume without obtaining a special license to sell such beverages. Such license may be issued after July 1. The license shall expire on the following June 30.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Application. Class "B" licenses may be issued to any person qualified under W.S.A. s. 125.04(5). Such licenses may not be issued to any person acting as agent for or in the employ of another, except that this restriction does not apply to a hotel or restaurant which is not a part of or located on the premises of any mercantile establishment or to a bona fide club, society or lodge that has been in existence for at least six months before the date of application. A Class "B" license for a hotel, restaurant, club, society or lodge may be issued in the name of an officer who shall be personally responsible for compliance with this chapter. Except as provided in W.S.A. s. 125.31, Class "B" licenses may not be issued to brewers or fermented malt beverage wholesalers.
E. 
Temporary Class "B" fermented malt beverage license.
(1) 
License. As provided in W.S.A. s. 125.26(1) and (6), temporary Class "B" fermented malt beverage licenses may be issued to bona fide clubs, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least six months before the date of application and to posts of veterans' organizations authorizing the sale of fermented malt beverages at a particular picnic or similar gathering, at a meeting of the post or during a fair conducted by the fair association or agricultural society. A license issued to a county or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of fermented malt beverages from leased stands on the fairgrounds. The county or district fair to which the license is issued may lease stands on the fairgrounds to persons who may engage in retail sales of fermented malt beverages from the stands while the fair is being held. Such license is valid for dates as approved by the Common Council.
(2) 
Application. Application for such license shall be signed by the president or corresponding officer of the society or association making such application and shall be filed with the City Clerk-Treasurer, together with the appropriate license fee for each day for which the license is sought. Any person fronting for any group other than the one applied for shall, upon conviction thereof, be subject to a forfeiture of $200 and will be ineligible to apply for a temporary Class "B" license for one year. The license shall specify the hours and dates of license validity. The application shall be filed a minimum of 15 days prior to the meeting of the Common Council at which the application will be considered for events of more than three consecutive days. If the application is for a license to be used in a city park, the applicant shall specify the main point-of-sale facility.
F. 
Temporary "Class B" wine license.
(1) 
License. Notwithstanding W.S.A. s. 125.68(3), temporary "Class B" licenses may be issued to bona fide clubs, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least six months before the date of application and to posts of veterans' organizations authorizing the sale of wine containing not more than 6% alcohol by volume in an original package, container or bottle or by the glass if the wine is dispensed directly from an original package, container or bottle at a particular picnic or similar gathering, at a meeting of the post or during a fair conducted by the fair association or agricultural society. No fee may be charged to a person who, at the same time, applies for a temporary Class "B" beer license under W.S.A. s. 125.26(6) for the same event. A license issued to a county or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of wine containing not more than 6% alcohol by volume from leased stands on the fairgrounds. The county or district fair to which the license is issued may lease stands on the fairgrounds to persons who may engage in retail sales of wine containing not more than 6% alcohol by volume from the stands while the fair is being held.
(2) 
Application. Application for such license shall be signed by the president or corresponding officer of the society or association making such application and shall be filed with the City Clerk-Treasurer, together with the appropriate license fee for each day for which the license is sought. Any person fronting for any group other than the one applied for shall, upon conviction thereof, be subject to a forfeiture of $200 and will be ineligible to apply for a temporary "Class B" wine license for one year. The license shall specify the hours and dates of license validity. The application shall be filed a minimum of 15 days prior to the meeting of the Common Council at which the application will be considered for events of more than three consecutive days. If the application is for a license to be used in a city park, the applicant shall specify the main point-of-sale facility.
G. 
Wholesaler's license. A wholesaler's fermented malt beverage license, when issued by the Clerk-Treasurer under the authority of the Council, shall entitle the holder thereof to possess, sell or offer for sale fermented malt beverages only in original packages or containers to dealers, not to be consumed in or about the premises of said wholesaler.
H. 
Retail "Class C" licenses.
(1) 
In this subsection, "barroom" means a room that is primarily used for the sale or consumption of alcohol beverages.
(2) 
A "Class C" license authorizes the retail sale of wine by the glass or in an opened original container for consumption on the premises where sold.
(3) 
A "Class C" license may be issued to a person qualified under W.S.A. s. 125.04(5) for a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts and which does not have a barroom if the city's quota prohibits the city from issuing a "Class B" license to that person. A "Class C" license may not be issued to a foreign corporation or a person acting as agent for or in the employ of another.
(4) 
A "Class C" license shall particularly describe the premises for which it is issued.
[1]
Editor's Note: See also § 147-17, Beer garden licenses.
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.
A. 
Contents. Application for a license to sell or deal in intoxicating liquor or fermented malt beverages shall be made in writing on the form prescribed by the Wisconsin Department of Revenue and shall be sworn to by the applicant as provided by W.S.A. ss. 887.01 to 887.04[1] and shall be filed with the City Clerk-Treasurer not less than 15 days prior to the granting of such license. The premises shall be physically described, to include every room and storage space to be covered by the license, including all rooms not separated by a solid wall or joined by connecting entrances.
[1]
Editor's Note: Said s. 887.04 was repealed by S.Ct.Order, 59 Wis.2d, p. R. 40.
B. 
Corporations. Such application shall be filed and sworn to by the applicant, if an individual, or by the president and secretary, if a corporation.
C. 
Publication. The City Clerk-Treasurer shall publish each application for a Class "A," Class "B," "Class A," "Class B," or "Class C" license. There is no publication requirement for temporary Class "B" picnic beer licenses under W.S.A. s. 125.26 or temporary "Class B" picnic wine licenses under W.S.A. s. 125.51(10). The application shall be published once in the official city newspaper, and the costs of publication shall be paid by the applicant at the time the application is filed, as determined under W.S.A. s. 985.08.
D. 
Amending application. Whenever anything occurs to change any fact set out in the application of any licensee, such licensee shall file with the issuing authority a notice, in writing, of such change within 10 days after the occurrence thereof.
E. 
License quotas. Retail intoxicating liquor and fermented malt beverage licenses issued by the Common Council shall be limited in number to the quota prescribed by state law.
A. 
Residence requirements. A retail Class "A" or Class "B" fermented malt beverage or "Class A" or "Class B" intoxicating liquor license shall be granted only to persons who are citizens of the United States and who have been residents of the State of Wisconsin continuously for at least 90 days prior to the date of the application.
B. 
Applicant to have malt beverage license. No retail "Class B" intoxicating liquor license shall be issued to any person who does not have or to whom is not issued a Class "B" retailer's license to sell fermented malt beverages.
C. 
Right to premises. No applicant will be considered unless he or she has the right to possession of the premises described in the application for the license period, by lease or by deed.
D. 
Age of applicant. Licenses related to alcohol beverages shall only be granted to persons who have attained the drinking age of 18 years[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Corporate restrictions.
(1) 
No license or permit may be issued to any corporation unless the corporation meets the qualifications under W.S.A. s. 125.04(5)(a)1 and 4 and (b), unless the agent of the corporation appointed under W.S.A. s. 125.04(6) and the officers and directors of the corporation meet the qualifications of W.S.A. s. 125.04(5)(a)1 and 3 and (b) and unless the agent of the corporation appointed under W.S.A. s. 125.04(6) meets the qualifications under W.S.A. s. 125.04(5)(a)2. The requirement that the corporation meet the qualifications under W.S.A. s. 125.04(5)(a)1 and (b) does not apply if the corporation has terminated its relationship with all of the individuals whose actions directly contributed to the conviction.
(2) 
Each corporate applicant shall file with its application for such license a statement by its officers showing the names and addresses of the persons who are stockholders, together with the amount of stock held by such person or persons. It shall be the duty of each corporate applicant and licensee to file with the City Clerk-Treasurer a statement of transfers of stock within 48 hours after such transfer of stock.
(3) 
Any license issued to a corporation may be revoked in the manner and under the procedure established in W.S.A. s. 125.12 when more than 50% of the stock interest, legal or beneficial, in such corporation is held by any person or persons not eligible for a license under this chapter or under the state law.
F. 
Sales tax qualification. All applicants for retail licenses shall provide proof, as required by W.S.A. s. 77.61(11), that they are in good standing for sales tax purposes (i.e., they hold a seller's permit) before they may be issued a license.
G. 
Connecting premises. Except in the case of hotels, no person may hold both a "Class A" license and either a "Class B" license or permit, a Class "B" license or permit or a "Class C" license for the same premises or for connecting premises. Except for hotels, if either type of license or permit is issued for the same or connecting premises already covered by the other type of license or permit, the license or permit last issued is void. If both licenses or permits are issued simultaneously, both are void.
H. 
Limitations on other business; Class "B" premises. No Class "B" license or permit may be granted for any premises where any other business is conducted in connection with the premises, except that this restriction does not apply if the premises for which the Class "B" license or permit is issued is connected to the premises where other business is conducted by a secondary doorway that serves as a safety exit and is not the primary entrance to the Class "B" premises. No other business may be conducted on premises operating under a Class "B" license or permit. These restrictions do not apply to any of the following:
(1) 
A hotel.
(2) 
A restaurant, whether or not it is a part of or located in any mercantile establishment.
(3) 
A combination grocery store and tavern.
(4) 
A combination sporting goods store and tavern in towns, villages and fourth-class cities.
(5) 
A combination novelty store and tavern.
(6) 
A bowling alley or recreation premises.
(7) 
A club, society or lodge that has been in existence for six months or more prior to the date of filing application for the Class "B" license or permit.
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.
A. 
No license shall be granted for operation on any premises or with any equipment for which taxes, assessments, forfeitures or other financial claims of the city are delinquent and unpaid.
B. 
No license shall be issued unless the premises conform to the sanitary, safety and health requirements of the State Building Code and the regulations of the State Board of Health and local Board of Health applicable to restaurants. The premises must be properly lighted and ventilated, must be equipped with separate sanitary toilet and lavatory facilities equipped with running water for each sex and must conform to all ordinances of the city.
C. 
Consideration for the granting or denial of a license will be based on:
(1) 
The arrest and conviction record of the applicant, subject to the limitations imposed by W.S.A. ss. 111.321, 111.322 and 111.335;
(2) 
The financial responsibility of the applicant;
(3) 
The appropriateness of the location and the premises where the licensed business is to be conducted; and
(4) 
Generally, the applicant's fitness for the trust to be reposed.
D. 
An application may be denied based upon the applicant's arrest and conviction record if the applicant has been convicted of a felony (unless duly pardoned) or if the applicant has habitually been a law offender. For purposes of this licensing procedure, "habitually been a law offender" is generally considered to be an arrest or conviction of at least two offenses which are substantially related to the licensed activity within the five years immediately preceding the license application. Because a license is a privilege, the issuance of which is a right granted solely to the Common Council, the Common Council reserves the right to consider the severity and facts and circumstances of the offense when making the determination to grant, deny or not renew a license. Further, the Council, at its discretion, may, based upon an arrest or conviction record of two or more offenses which are substantially related to the licensed activity within the five years immediately preceding, act to suspend such license for a period of one year or more.
A. 
Opportunity shall be given by the governing body to any person to be heard for or against the granting of any license. Upon the approval of the applicant by the Common Council, the City Clerk-Treasurer shall issue to the applicant a license, upon payment by the applicant of the license fee to the city.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
If the Common Council denies the license, the applicant shall be notified in writing, by registered mail or personal service, of the reasons for the denial. The notice shall also inform the applicant of the opportunity to appear before the Common Council and to provide evidence as to why the denial should be reversed. In addition, the notice shall inform the applicant that the reconsideration of the application shall be held in closed session, pursuant to W.S.A. s. 19.85(1)(b), unless the applicant requests that such reconsideration be held in open session and the Common Council consents to the request. Such written notice shall be mailed or served upon the applicant at least 10 days prior to the Common Council meeting at which the application is to be reconsidered.
A. 
In accordance with the provisions of W.S.A. s. 125.04(12), a license shall be transferable from one premises to another if such transfer is first approved by the Common Council. An application for transfer shall be made on a form furnished by the City Clerk-Treasurer. Proceedings for such transfer shall be had in the same form and manner as the original application. The fee for such transfer is $10. Whenever a license is transferred, the City Clerk-Treasurer shall forthwith notify the Wisconsin Department of Revenue of such transfer. In the event of the sale of a business or business premises of the licensee, the purchaser of such business or business premises must apply to the city for reissuance of said license, and the city, as the licensing authority, shall in no way be bound to reissue said license to said subsequent purchaser.
B. 
Whenever the agent of a corporate holder of a license is for any reason replaced, the licensee shall give the City Clerk-Treasurer written notice of said replacement, the reasons therefor and the new appointment. Until the next regular meeting or special meeting of the Common Council, the successor agent shall have the authority to perform the functions and be charged with the duties of the original agent. However, said license shall cease to be in effect upon receipt by the City Clerk-Treasurer of notice of disapproval of the successor agent by the Wisconsin Department of Revenue or other peace officer of the municipality in which the license was issued. The corporation's license shall not be in force after receipt of such notice or after a regular or special meeting of the Common Council until the successor agent or another qualified agent is appointed and approved by the city.
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).
A. 
Every person licensed in accordance with the provisions of this chapter shall immediately post such license and keep the same posted while in force in a conspicuous place in the room or place where said beverages are drawn or removed for service or sale.
B. 
It shall be unlawful for any person to post such license or to be permitted to post it upon premises other than those mentioned in the application or knowingly to deface or destroy such license.
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.
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.
[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.
[1]
Editor's Note: See also Ch. 86, § 86-1.
A. 
Required for outdoor consumption at Class "B" premises. No licensee shall permit the consumption of alcohol beverages on any part of the licensed premises not enclosed within the building, except under permit granted by the Common Council. The permits are a privilege in which no rights vest and, therefore, may be revoked by the Common Council at its pleasure at any time or shall otherwise expire on June 30 of each year. No person shall consume or have in his or her possession alcohol beverages on any unenclosed part of a licensed premises which is not described in a valid beer garden permit.
B. 
Limitations on issuance of beer garden permits. No permit shall be issued for a beer garden if any part of the beer garden is within 100 feet of a structure used for residential purposes, except residential uses located in the same structure as the licensed premises. No permit shall be issued for a beer garden if the beer garden area is greater than 50% of the gross floor area of the adjoining licensed premises. Each applicant for a beer garden permit shall accurately describe the area intended for use as a beer garden and shall indicate the nature of fencing or other measures intended to provide control over the operation of the beer garden. Every beer garden shall be completely enclosed with a fence or wall not less than six feet in height. No amplified sound or music is permitted outside the enclosed (building) premises. Amplified sound or music is not permitted in the beer garden. There shall be a licensed operator with the beer garden at all times the beer garden is in operation. There shall be an annual fee of $20 for a beer garden.
C. 
Adjoining property owners to be notified of pendency of applications. All property owners within 150 feet of the proposed beer garden shall be notified of the pendency of an application for a beer garden permit by first class mail.
D. 
State statutes enforced within beer garden. Every permittee under this section shall comply with and enforce all provisions of W.S.A. Ch. 125 applicable to Class "B" licensed premises, except insofar as such provisions are clearly inapplicable. Violation of the provisions of W.S.A. Ch. 125 shall be grounds for immediate revocation of the beer garden permit by the Common Council.
A. 
Procedure. Whenever the holder of any license under this chapter violates any portion of this chapter or Chapter 86, Article I of this Code, proceedings for the revocation of such license may be instituted in the manner and under the procedure established by this section.
B. 
Abandonment of premises. Any licensee holding a license to sell alcohol beverages who abandons such business shall forfeit any right or preference he or she may have to the holding of or renewal of such license. Abandonment shall be sufficient grounds for revocation of any alcohol beverage license. The loss or nonuse of the licensed premises for at least six months shall be prima facie evidence of the abandonment, unless extended by the Common Council. All persons issued a license to sell alcohol beverages in the city for which a quota exists limiting the number of such licenses that may be issued by the city shall cause such business described in such license to be operated on the premises described in such license for at least 150 days during the terms of such license, unless such license is issued for a term of less than 180 days, in which event this subsection shall not apply.
C. 
License revocation or suspension.
(1) 
Notice and hearing. Whenever a person holding a license to sell alcoholic beverages has failed to maintain the premises according to standards prescribed for sanitation or in whose premises persons are permitted to loiter for purposes of prostitution or when the licensee has not observed and obeyed any lawful order of the Common Council or police officers of the city or has violated city ordinances or for any other good reason, the Common Council shall issue a summons, to be signed by the City Clerk-Treasurer, commanding the licensee complained of to appear before the Finance and Personnel Committee or a special committee designated by the Common Council on a day and time and at a place named in the summons to show cause why the license should not be revoked or suspended. Such summons shall be served not less than three and not more than 10 days before the time at which the licensee is commanded to appear and may be served personally upon the licensee or the agent of the licensee or upon the person in charge of the licensed premises. The complaint shall be served with the summons and shall set forth the offense allegedly committed, the date and place of said offense and the facts constituting the alleged offense. If such licensee shall not appear as required by the summons, the complaint shall be taken as true, and if the Committee deems its allegations sufficient, the Committee shall recommend revocation or suspension of the license as provided herein.
(2) 
Procedure on hearing; effect of revocation.
(a) 
The Finance and Personnel Committee or a designated committee shall serve as a hearing agency for the Common Council.
(b) 
The Chairperson of the Committee or the Chairperson's designee shall conduct the hearing and administer oaths to all witnesses and may issue subpoenas. So far as practicable, the rules of evidence provided in W.S.A. s. 227.08[1] shall be followed. The complainant shall have the burden of proving the charges to a preponderance of the evidence. The licensee and the complainant may be represented by counsel and may call and examine witnesses and cross-examine witnesses of the other party. All proceedings and testimony shall be recorded on tape. If either party requests a stenographic recording and transcription, the city shall make the necessary arrangements, but the expenses shall be borne by the requesting party. The City Clerk-Treasurer shall serve as Secretary to the Committee and shall make and receive all exhibits admitted into the record.
[1]
Editor's Note: Said s. 227.08 was renumbered by 1985 Act 182 as s. 227.45.
(c) 
Within 10 days of the completion of the hearing and filing of briefs, if any, the Committee, upon the testimony and evidence presented at the hearing, shall determine by simple majority vote of those present whether the charges are true and, if so, submit a report to the Common Council, including its findings of fact, conclusions of law and a recommendation as to what action, if any, the Common Council should take with respect to the license. If the recommendation is to suspend the license, it shall be for a period of not less than 10 days or more than 90 days. Following the procedure above, the recommendation may be to revoke the license. If the Committee determines that the charges are not substantiated, it shall recommend to the Common Council that the complaint be dismissed without cost to either party. The Committee's recommendation shall be promptly filed with the Clerk-Treasurer.
(d) 
At the regular meeting of the Common Council after the filing of the Committee's recommendation, the Common Council shall act on the recommendation and may reverse or modify any portion thereof by a simple majority vote. The recommendation of the Committee shall become the decision of the Common Council unless reversed or modified. No further testimony or evidence shall be allowed before the Common Council. Only those members of the Common Council who have certified to the City Clerk-Treasurer, in writing, that they have read the transcript, exhibit and recommendation made shall be permitted to vote on the matter. The City Clerk-Treasurer shall make said certifications a part of the record. The decision of the Common Council shall be a final determination for purposes of judicial review.
(e) 
If the complaint is found to be true, the licensee shall pay to the city the actual cost of the proceedings. If the complaint is found by the Common Council to be malicious and without probable cause, the complainant shall pay the cost of the proceedings in the same amount.
(f) 
When a license is revoked, it shall be so entered of record by the City Clerk-Treasurer, and no other license shall be granted to such licensee or for such premises for a period of 12 months from the date of the revocation, nor shall any part of the money paid as an application fee for any license so revoked be refunded.
D. 
Nonrenewal of license. The City Attorney may, after investigation, commence an action before the Finance and Personnel Committee to hear evidence and make a recommendation to the Common Council that a license issued pursuant to this chapter not be renewed. The Chairperson of the Committee shall, in writing, notify the licensee of the consideration of nonrenewal. Such notification shall be in the form of and shall serve as the summons and complaint and shall include a statement of the reasons for the consideration of the nonrenewal of the license in the same specificity required for a summons and complaint for revocation or suspension. If the license is recommended for nonrenewal, costs may be assessed against the licensee, and any renewal application fee shall be forfeited. In all other respects, the provisions of Subsection C above shall apply. The commencement of this action shall stay action by the Common Council on the licensee's application until the Committee makes is recommendation.
E. 
Other provisions. Any license issued pursuant to this chapter shall be subject to such further regulations and restrictions as may be imposed by the Common Council by amendment to this section or by the enactment of new ordinances. If any licensee shall fail or neglect to meet the requirements imposed by such new restrictions and regulations, his or her license may be revoked in accordance with this section. In case of revocation of any license for any violation of any provision of this chapter in accordance with this section or by the court or for any reasonable cause except the imposition of new restrictions, no refund shall be made of any part of the license fee.
F. 
Point values for violations, revocations and suspensions.
(1) 
Purpose and definitions. The purpose of this subsection is to administratively interpret those portions of this chapter and Chapter 86, Article I of this Code relating to establishing an alcohol beverage demerit point system to assist in determining which license holders should be subject to suspension or revocation procedures.
(2) 
Point schedule. The scale of demerit points is listed according to the type of alcohol beverage violation. This demerit point system is used to identify habitually troublesome license holders who have repeatedly violated state statutes and city ordinances for the purpose of recommending suspension or revocation of their alcohol beverage licenses.
Type of Violation
Point Value
Sale of alcohol beverages without license or permit; sale of controlled substances on licensed premises
100
Sale of alcohol beverages to underage person
50
Sale of alcohol beverages to intoxicated person
50
Underage person on premises
50
Intoxicated bartender; disorderly conduct on premises
50
After-hours consumption
50
Refusal to allow police to search premises or refusal to cooperate with lawful police investigation
50
Licensee, agent or operator not on premises at all times
25
Persons on premises after closing hours
25
Violation of carry-out hours
25
Licensee permitting person to leave licensed premises with open alcohol beverage
25
All other violations of this chapter
25
(3) 
Violations, how calculated. In determining the accumulated demerit points against a licensee within 12 months, the city shall use the date each violation was committed as the basis for the determination.
(4) 
Suspension or revocation of license.
(a) 
The Finance and Personnel Committee of the Common Council shall call before it for purposes of a revocation or suspension hearing all licensees who have accumulated 150 points in a twelve-month period as a result of court-imposed convictions or who have had referred to it reports from the City Attorney which, if believed, would result in 150 demerit points in 12 months.
(b) 
If the demerit point accumulation, calculated from the date of violation, exceeds 150 points in a twelve-month period, 200 points in a twenty-four-month period or 250 points in a thirty-six-month period, the suspension shall be for not less than 10 days nor more than 90. If the license(s) is revoked, no other license shall be granted to such licensee or for such premises for a period of 12 months from the date of revocation.
(c) 
The procedure to be used for suspension or revocation shall be that found in Subsection C above.
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.