[Adopted 5-7-1984 as Title 7, Ch. 1 of the 1984 Code]
The provisions of Ch. 125 and §§ 938.344 and 778.25, Wis. Stats., 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 article 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 article. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made a part of this article.
[Amended 7-6-2005]
As used in this article the terms "alcoholic beverages," "intoxicating liquors," "sell," "sold," "sale," "restaurant," "club," "retailer," "person," "fermented malt beverages," "wholesalers" and "operators" shall have the meaning given them by Ch. 125, Wis. Stats.
No person, firm or corporation shall vend, sell, deal or traffic in, or have in his 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 article nor without complying with all the provisions of this article, and all statutes and regulations applicable thereto, except as provided by §§ 125.26, 125.27, 125.28 and 125.51, Wis. Stats.
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. There shall be a limit of two "Class A" liquor licenses issued in the City of Montello.
[Amended 9-8-2015]
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, and 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.
D. 
Class "B" fermented malt beverage retailer's 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 to be consumed either 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.
E. 
Special Class "B" fermented malt beverage picnic license.
(1) 
A special Class "B" picnic license, when issued by the City Clerk-Treasurer under authority of the Common Council as provided for in § 125.26(6), Wis. Stats., shall entitle the holder thereof to possess, sell or offer for sale fermented malt beverages at a particular picnic, post meeting, fair or similar gathering. Such license may be issued only to bona fide clubs, state, county or local fairs, associations or agricultural societies, lodges or societies that have been in existence for not less than six months prior to the date of application for such license or to posts of ex-servicemen's organizations now or hereafter established. 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 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. The license shall specify the hours and dates of license validity.
F. 
Wholesaler's license. A wholesaler's fermented malt beverage license, when issued by the City Clerk-Treasurer under authority of the Common 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.
G. 
"Class B" intoxicating liquor license quota exception.
[Added 8-5-2013]
(1) 
A full-service restaurant with a seating capacity of 300 or more persons shall be eligible for a "Class B" intoxicating liquor license if the following conditions are met:
(a) 
A minimum of 25% of the seating requirement shall be housed within a permanent structure.
(b) 
Any designated outside area shall be enclosed, fenced off with either permanent or temporary fencing and shall be monitored by the license holder or designated employees of the license holder and have a regulated access to monitor underage persons.
(c) 
Adequate restroom facilities must be established to accommodate the seating capacity.
(d) 
Seventy percent of all revenue of the license holder shall be from nonalcohol-related services and sales. Records to substantiate the alcohol and nonalcohol sales must be presented each year to the City of Montello along with the license renewal application.
(2) 
This "Class B" intoxicating liquor license quota exception shall not be transferable to any other person or entity.
(3) 
The Common Council establishes a limit of one "Class B" intoxicating liquor license quota exception.
(4) 
If the holder of a "Class B" intoxicating liquor license quota exception fails to meet any of the above conditions and is not compliant with this Section, the City of Montello shall commence revocation proceedings pursuant to § 125.12, Wis. Stats.
(5) 
The cost for the "Class B" intoxicating liquor license quota exception is set forth in § 203-5A(7) of the Montello Code of Ordinances.[1]
[1]
Editor's Note: An ordinance adopted on 8-5-2013 added § 203-5A(7) to the Code; however, § 203-5 was subsequently amended in its entirety by an ordinance adopted on 12-1-2014, which ordinance did not include the cost for a "Class B" intoxicating liquor license quota exception.
[Amended 2-4-2002; 8-5-2013; 12-1-2014]
A. 
The following fees shall be chargeable for licenses issued by the Common Council:
(1) 
Retail "Class A" intoxicating liquor license: $300 (liquor store).
[Amended 12-28-2022]
(2) 
Retail "Class B" intoxicating liquor license: $300 (bar).
[Amended 12-28-2022]
(3) 
Class "A" fermented malt beverage retailer's license: $100 annually or fractional part thereof.
(4) 
Class "B" fermented malt beverage retailer's license: $100 annually or 3/4 of such amount for a six-month period.
(5) 
Special Class "B" fermented malt beverage picnic license: $25 per event.
(6) 
"Class C" wine: $100.
(7) 
Wholesaler's license: $25 annually or fractional part thereof.
B. 
License applicants shall also pay publication costs.
C. 
Failure to provide application and payment to the City Clerk by the date specified on your annual license renewal notice, may result in a late penalty of $100. Penalty may increase to $250 if a special meeting must be called, either by License and Ordinance Committee, or of the Common Council, to vote on your license renewal, due to late receipt of renewal application(s) and/or payment of fees.
[Added 6-9-2016]
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 State Treasurer and shall be sworn to by the applicant as provided by §§ 887.01 to 887.03, Wis. Stats., 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.
B. 
Corporations. Such application shall be filed and sworn to by the applicant if an individual and by the president and secretary if a corporation.
C. 
Publication. The application shall be published at least once in the official City newspaper, and the costs of publication shall be paid by the applicant.
D. 
Amending application. Whenever anything occurs to change any fact set out in the application for any license, such licensee shall file with the issuing authority a notice in writing of such change within 10 days after the occurrence thereof.
A. 
Residence requirements. A retail "Class A," "Class B," Class "A" or Class "B" fermented malt beverage or intoxicating liquor license shall be granted only to persons who are citizens of the United States and of Wisconsin.
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 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. No "Class A," "Class B," Class "A" or Class "B" licenses shall be granted to any person under 18 years of age.
E. 
Corporate restrictions.
(1) 
No license shall be granted to any corporation which does not comply with the provisions of § 125.04(6), Wis. Stats., which does not have an agent eligible for a license under this article or under state law, or which has more than 50% of the stock interest, legal or beneficial, in such corporation held by any person or persons not eligible for a license under this article or under the state law.
(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 § 125.12, Wis. Stats., 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 article or under the state law.
F. 
Separate licenses. A separate license shall be required for each business premises where intoxicating liquor or fermented malt beverages are kept, sold or offered for sale.
The City Clerk-Treasurer shall notify the Chief of Police, Chief of the Fire Department, and Building Inspector of each 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 Common Council in writing 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. 
In determining the suitability of an applicant, consideration shall be given to the moral character and financial responsibility of the applicant, the appropriateness of the location and premises proposed, and generally the applicant's fitness for the trust to be reposed.
B. 
No license shall be granted for operation on any premises or with any equipment for which taxes or assessments or other financial claims of the City are delinquent and unpaid.
C. 
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 City 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.
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. The fee shall be paid to the City Clerk-Treasurer, who shall deposit the same in the general fund.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
In accordance with the provisions of § 125.04(12), Wis. Stats., a license shall be transferable from one premises to another if such transfer is first approved by the Common Council. 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 as prescribed by § 125.04(12), Wis. Stats. Whenever a license is transferred, the City Clerk-Treasurer shall forthwith notify the State Treasurer of such transfer.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Whenever the agent of a corporate holder of a license, for any reason, is 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 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 or the Common Council until the successor agent or another qualified agent is appointed and approved by the City and the Wisconsin Department of Revenue.
C. 
Whenever any licensee under this article shall not conduct his licensed business at the authorized location for a period of six consecutive months, the license issued to him shall lapse and become void, unless such six-month period shall be extended by the Common Council.
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 affidavit.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Every person licensed in accordance with the provisions of this article 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 permit it to be posted 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 article, 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" licensee shall employ any person under 18 years of age, 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" license, at all times, the licensee 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" license unless he possesses an operator's license or unless he is under the immediate supervision of the licensee or a person holding an operator's license who is at the time of such service upon said premises.
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 article. No "Class B" license shall be issued unless the premises to be licensed conform 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. 
Licenses prohibited in residence districts.
(1) 
No retail Class "B" license shall be issued in any residence district. Any premises shall be deemed to be included within a residence district if 2/3 of the buildings within a radius of 300 feet are used exclusively for residence purposes or the uses incidental thereto.
(2) 
This subsection shall not apply to a bona fide club or hotel.
H. 
Clear view of premises required. All windows in the front of any licensed premises shall be of clear glass, and the premises shall be so arranged as to furnish a clear view of the entire premises from the sidewalk. There shall be no partition, box, stall, screen, curtain or other device which shall obstruct the view of said room from the general observation of persons, provided that partitions, subdivisions or panels not higher than 48 inches from the floor shall not be construed as in conflict with the foregoing, and provided that retail Class "B" licenses shall entitle the holder thereof to serve such beverages in a separate room on the licensed premises at banquets or dinner.
No premises within the City of Montello shall remain open for the sale of intoxicating liquors or fermented malt beverages from 1:00 a.m. to 8:00 a.m., except during the months of daylight savings time when the closing hours shall be from 2:00 a.m. to 8:00 a.m., and on January 1 of each year the closing hours shall be between 3:00 a.m. and 8:00 a.m.
Groups that have been granted a special Class "B" fermented malt beverage license shall comply with the following conditions of license:
A. 
There shall be at least one person properly licensed as an operator under the provisions of § 203-17 of this article on the premises at all times to supervise the service of beverages.
B. 
Holders of special Class "B" fermented malt beverage licenses shall fully comply with all provisions of this Code and the state statutes.
C. 
For indoor events, the structure used must have suitable exits and open spaces to accommodate anticipated attendance. It should contain adequate sanitary facilities to accommodate the size of the group.
D. 
The special Class "B" fermented malt beverage license shall be posted in a conspicuous place on the premises and shall specify the date(s) and hours for which said license is issued.
A. 
Operator's license required. There shall be upon the premises operated under a "Class A" or "Class B" intoxicating liquor license or Class "B" fermented malt beverage license at all times the licensee or some other person who shall have an operator's license and who shall be responsible for the acts of all persons serving or selling any intoxicating liquor or fermented malt beverages to customers. No person other than the licensee shall serve or sell fermented malt beverages or intoxicating liquor in any place operated under the "Class A," "Class B" or Class "B" license unless he shall possess an operator's license or unless he shall be under the immediate supervision of the licensee or a person holding an operator's license who shall be upon the premises at the time of such service.
B. 
Procedure upon application. The Common Council may issue an operator's license, which license shall be granted only upon application in writing on blanks to be obtained from the City Clerk-Treasurer only to persons 18 years of age. Operators' licenses shall be operative only within the limits of the City.
C. 
Duration. Licenses issued under the provisions of this section shall be valid for a period of one year and shall expire on the 30th day of June.
D. 
Fee. The fee for an original operator's license will be $35, and the fee for a renewal operator's license will be $35.
[Amended 2-4-2002; 12-1-2014]
E. 
Issuance. After the Common Council approves the granting of an operator's license, the City Clerk-Treasurer shall issue the license. Such licenses shall be issued and numbered in the order they are granted and shall give the applicant's name and address and the date of the expiration of such license.
F. 
Display of license. Each license issued under the provisions of this section shall be posted on the premises whenever the operator dispenses beverages.
G. 
Revocation of operator's license. Violation of any of the terms or provisions of the state law or of this article relating to operators' licenses by any person holding such operator's license shall be cause for revocation of the license.
[Added 7-6-2005]
A provisional license may be issued by the City Clerk-Treasurer only to a person who has applied for an operator's license. A provisional license may not be issued to any person who has been denied a license by the Common Council. A provisional license expires 60 days after its issuance or when a regular operator's license is issued to the holder, whichever is sooner. The fee for a provisional operator's license shall be $15.
A. 
Forfeitures for violations of §§ 125.07(1) to (5) and 125.09(2), Wis. Stats., adopted by reference in § 203-1 of this article, shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable state statute, including any variations or increases for subsequent offenses.
B. 
Any person who shall violate any provision of this article, except as otherwise provided in Subsection A herein, or who shall conduct any activity or make any sale for which a license is required without such license, shall be subject to a forfeiture as provided in Chapter 1, § 1-4 of this Code.
C. 
Nothing herein shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the Wisconsin Statutes.