City of Prescott, WI
Pierce County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Prescott as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Adult uses and massage establishments — See Ch. 210.
Health and sanitation — See Ch. 329.
Peace and good order — See Ch. 435.
Soda water beverages — See Ch. 487.
[Adopted as Title 7, Ch. 2, of the former City Code]

§ 356-1 State statutes adopted.

The provisions of Chapter 125 of the Wisconsin Statutes, 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 in order to secure uniform statewide regulation of alcoholic beverage control.

§ 356-2 Definitions. [1]

As used in this article the terms "alcoholic beverages," "intoxicating liquor," "principal business," "legal drinking age," "premises," "sell," "sold," "sale," "restaurant," "club," "retailer," "person," "fermented malt beverages" and "wholesalers" shall have the meaning given them by Ch. 125, Wis. Stats.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 356-3 License required.

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 of the Wisconsin Statutes.

§ 356-4 Classes of licenses.

A. 
Retail "Class A" intoxicating liquor license. A retail "Class A" intoxicating liquor license, when issued by the City Clerk 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. Such license shall be issued with an effective date of July 1, but may be issued by the City prior to that date. The license shall expire on the following June 30.
B. 
Retail "Class B" intoxicating liquor license. A retail "Class B" intoxicating liquor license, when issued by the City Clerk 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. Such license shall be issued with an effective date of July 1, but may be issued by the City prior to that date. The license shall expire on the following June 30.
C. 
Class "A" fermented malt beverage retailer's license. A Class "A" fermented malt beverage retailer's license, when issued by the City Clerk 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 shall be issued with an effective date of July 1, but may be issued by the City prior to that date. 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 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 a per centum of alcohol by volume, without obtaining a special license to sell such beverages. Such license shall be issued with an effective date of July 1, but may be issued by the City prior to that date. The license shall expire on the following June 30.
(2) 
Application. Class "B" licenses may be issued to any person qualified under § 125.04(5), Wis. Stats. 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 article. Except as provided in § 125.31, Wis. Stats., Class "B" licenses may not be issued to brewers or fermented malt beverages wholesalers.
E. 
Temporary Class "B" fermented malt beverage license.
(1) 
License. As provided in § 125.26(1) and (6), Wis. Stats., 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. Such license is valid for dates as approved by the Common Council.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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 together with the appropriate license fee for each event 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 § 125.68(3), Wis. Stats., 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 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 § 125.26(6), Wis. Stats., for the same event.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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 together with the appropriate license fee for each event 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 City Clerk 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 alcoholic 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 § 125.04(5), Wis. Stats., for a restaurant in which the sale of alcoholic beverages accounts for less than 50% of gross receipts and which does not have a barroom or for a restaurant in which the sale of alcoholic beverages accounts for less than 50% of gross receipts and which has a barroom in which wine is the only intoxicating liquor sold. A "Class C" license may not be issued to a foreign corporation, a foreign limited liability company or a person acting as agent for or in the employ of another.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
A "Class C" license shall particularly describe the premises for which it is issued.

§ 356-5 License fees.

There shall be the following classes of licenses which, when issued by the City Clerk 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 § 356-4 of this article and Ch. 125, Wis. Stats.:
A. 
Class "A" fermented malt beverages retailer's license. The annual fee for this license shall be as prescribed in the City's fee schedule. 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 as prescribed in the City's fee schedule. 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 as prescribed in the City's fee schedule per event.
D. 
Temporary "Class B" wine license. The fee for this license shall be as prescribed in the City's fee schedule 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 as prescribed in the City's fee schedule.
F. 
"Class A" intoxicating liquor retailer's license. The annual fee for this license shall be as prescribed in the City's fee schedule. The fee for a license of less than 12 months shall be prorated according to the number of months of fraction thereof for which the license is issued.
G. 
"Class B" intoxicating liquor retailer's license. The annual fee for this license shall be as prescribed in the City's fee schedule. 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 of less than 12 months shall be prorated according to the number of months of fraction thereof for which the license is issued. Section 125.51(3)(e)2, Wis. Stats., mandates that municipalities establish an initial issuance fee for reserve "Class B" liquor licenses of not less than $10,000. A reserve "Class B" license is defined as a license that is not granted or issued by a municipality on December 1, 1997. Fees for this license will be placed in the general obligations for the City of Prescott.
H. 
"Class C" wine license. The annual fee for this license shall be as prescribed in the City's fee schedule. The fee for less than one year shall be prorated.

§ 356-6 Application for license.

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 §§ 887.01 to 887.03, Wis. Stats., and shall be filed with the City Clerk 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, by the president and secretary, if a corporation.
C. 
Publication. The City Clerk 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 § 125.26, Wis. Stats., or temporary "Class B" picnic wine licenses under § 125.51(10), Wis. Stats. 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 § 985.08, Wis. Stats.
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.
[Amended 3-26-2012 by Ord. No. 05-12]
(1) 
"Class B" intoxicating liquor retailer's license intoxicating liquor and fermented malt beverage licenses issued by the Common Council shall be limited in number to the quota prescribed by state law.
(2) 
Class "A" fermented malt beverages retailer's license quota shall be set at six as of January 1, 2012.
(3) 
"Class A" intoxicating liquor retailer's license quota shall be set at five as of January 1, 2012.

§ 356-7 Qualifications of applicants and premises.

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 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 alcoholic beverages shall only be granted to persons who have attained the legal drinking age.
E. 
Corporate restrictions.
(1) 
No license or permit may be issued to any corporation unless the corporation meets the qualifications under § 125.04(5)(a)1 and 4 and (b), Wis. Stats., unless the agent of the corporation appointed under § 125.04(6) and the officers and directors of the corporation meet the qualifications of § 125.04(5)(a)1 and 3 and (b) and unless the agent of the corporation appointed under § 125.04(6) meets the qualification under § 125.04(5)(a)2 and 5. The requirement that the corporation meet the qualifications under § 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) 
The City may require that each corporate applicant 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 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. 
Sales tax qualification. All applicants for retail licenses shall provide proof, as required by § 77.61(11), Wis. Stats., that they are in good standing for sales tax purposes (i.e., 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.

§ 356-8 Investigation.

The City Clerk shall notify the Chief of Police, 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 in writing, who shall forward 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.

§ 356-9 Approval of application.

A. 
No license shall be granted for operation on any premises 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 Department of Health Services 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Consideration for the granting or denial of a license will be based on:
(1) 
Arrest and conviction record of the applicant, subject to the limitations imposed by §§ 111.321, 111.322, and 111.335, Wis. Stats.;
(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.

§ 356-10 Granting of license.

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 shall issue to the applicant a license, upon payment by the applicant of the license fee to the City.
B. 
If the Common Council denies the license, the applicant shall be notified in writing, by certified 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 § 19.85(1)(b), Wis. Stats., unless the applicant requests 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.

§ 356-11 Transfer and lapse of license.

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. An application for transfer shall be made on a form furnished by the City Clerk. Proceedings for such transfer shall be had in the same form and manner as the original application. The fee for such transfer shall be as prescribed in the City's fee schedule. Whenever a license is transferred, the City Clerk 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.
[Amended 5-29-2012 by Ord. No. 08-12]
B. 
Whenever the agent of a corporate holder of a license is for any reason replaced, the licensee shall give the City Clerk 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 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.

§ 356-12 Numbering of license.

[Amended 5-29-2012 by Ord. No. 08-12]
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.

§ 356-13 Posting licenses; defacement.

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 to be permitted to post it upon premises other than those mentioned in the application or knowingly to deface or destroy such license.

§ 356-14 Conditions of license.

[Amended 5-29-2012 by Ord. No. 08-12; 5-27-2014 by Ord. No. 03-14]
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" or Class "B" licensee 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. Pursuant to §§ 125.32(2) and 125.68(2), Wis. Stats., a person at least 18 years of age may sell, serve or dispense alcohol beverages if he or she is the holder of an operator's license or is under the immediate supervision of a licensee, permittee or agent or a person holding an operator's license who is on the premises at the time of the service.
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 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 Department of Health Services governing sanitation in restaurants shall apply to all "Class B" liquor licenses issued under this article. No "Class B" or "Class C" 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, unless a public hearing shall be held before the Common Council, following notice of the time, place and purpose of public hearing. Notice shall be given by publication of a Class 1 notice, as prescribed by the Wisconsin Statutes, at least 10 days prior to the public hearing in the official City newspaper. Following the public hearing, this prohibition may be waived by a majority vote of the Common Council. 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. However, § 125.68(3)(c), Wis. Stats., exempts a restaurant within 300 feet of a church where the sale of alcoholic beverages is less than 50% of the gross receipts.
G. 
Clubs. No club shall give away any intoxicating liquors.
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 article 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 alcoholic 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 alcoholic beverages to any person on a passbook or store order or to receive from any person any goods, ware, merchandise or other articles in exchange for alcoholic beverages.
J. 
Licensee or permittee responsible for acts of help. A violation of this article by a duly authorized agent or employee of a licensee or permittee under this article shall constitute a violation by the licensee or permittee. Whenever any licensee or permittee under this article shall violate any portion of this article, proceedings for the suspension or revocation of the license or permit of the holder thereof may be instituted in the manner prescribed in this article.

§ 356-15 Nudity in licensed establishments.

A. 
Findings.
(1) 
The Wisconsin Statutes authorize local municipalities to prescribe regulations for the sale of alcoholic beverages which are not in conflict with state statutes.
(2) 
The City of Prescott Common Council upon due consideration finds that nudity and near nudity and sexual conduct are proper subjects for regulation in connection with the control of the sale of alcoholic beverages within the City.
(3) 
The Common Council further finds that any form of nudity coupled with alcohol consumption in a public place begets undesirable behavior and that there is a relationship between the consumption of alcoholic beverages and nudity and an increase of criminal activities, moral degradation and the disturbances of the peace and the good order of the community. Concurrence of nudity and alcoholic beverages is hazardous to the health and the safety of those in attendance and tends to depreciate the value of adjoining property and to harm the economic welfare of the community as a whole. When there is concurrence of nudity and consumption of alcoholic beverages, other activities that are illegal, immoral or unhealthy tend to accompany them, concentrate around them, and be aggravated by them. Such other activities include but are not limited to prostitution, solicitation for prostitution, lewd and lascivious behavior, possession, distribution and transportation of obscene materials, sale or possession of controlled substances and violent crimes against persons and property.
(4) 
The Common Council has determined that the enactment of an ordinance prohibiting nudity and sexual conduct in establishments licensed to sell alcoholic beverages within the City of Prescott will prevent or limit such undesirable conduct and activities.
B. 
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; or
(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; or
(3) 
Exposes any portion of the female breast at or below the areola thereof; or
(4) 
Engages 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.
(5) 
Shows films or slides depicting any of the acts which are prohibited by the regulation stated in this subsection.

§ 356-16 Closing hours.

[Amended 3-26-2012 by Ord. No. 04-12; 5-29-2012 by Ord. No. 08-12]
Closing hours shall be established in conformance with §§ 125.32(3) and 125.68(4), Wis. Stats., 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 beverage, 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.
(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(1) above.
B. 
Carryout hours. Between 9:00 p.m. 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 for consumption away from the premises. 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 B" or Class "B" license fermented malt beverages or intoxicating liquor in original unopened packages, containers or bottles for consumption away from the premises.
C. 
Exclusions. All persons, except the licensee and his or her bona fide employees specifically involved in maintenance and cleanup, shall be excluded from the licensed premises during the closing hours in Subsections A and B above and all doors into such areas shall be closed and locked.

§ 356-17 Restrictions on temporary fermented malt beverage or wine licenses.

It shall be unlawful for any person or organization on a temporary basis to sell or offer to sell any alcoholic beverage upon any City-owned property or privately owned property within the City of Prescott, 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 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 §§ 125.26(6) and 125.51(10), Wis. Stats., and shall fully comply with the requirements of this section and Chapter 356, Article II. Members of an organization which is issued a temporary license and who are issued operator's 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.
[Amended 5-29-2012 by Ord. No. 08-12]
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.
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, except for a person 18 years of age or over who possesses a valid operator's license, nor shall they be allowed to loiter or linger in the area of any point of sale.
[Amended 5-29-2012 by Ord. No. 08-12]
E. 
Licensed operators requirement. A licensed operator shall be stationed at all points of sales at all times.
F. 
Waiver. The Common Council may waive or modify the requirements of this section due to the physical characteristics of the licensed site.
G. 
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 harness 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 Prescott. The applicant may be required to furnish a performance bond prior to being granted the license.

§ 356-18 Revocation and suspension of licenses; nonrenewal.

A. 
Procedure. Whenever the holder of any license under this article violates any portion of this article or Article II of this chapter, 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 alcoholic beverages who abandons such business shall forfeit any right or preference he may have to the holding of or renewal of such license. Abandonment shall be sufficient grounds for revocation of any alcoholic beverage license. The closing 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 alcoholic 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. License revocation or suspension procedures shall be as prescribed by Ch. 125, Wis. Stats.

§ 356-19 Nonalcohol events for underage persons on licensed premises.

The presence of underage persons on a licensed premises as provided under § 125.07(3)(a)10, Wis. Stats., 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 4:30 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 cancelled 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 alcoholic 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 alcoholic 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 alcoholic 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 alcoholic beverages ("speed guns") shall be either disconnected, disabled or made inoperable.

§ 356-20 Operator's license.

A. 
Operator's license required.
(1) 
Operator's licenses; Class "A," Class "B" or "Class C" premises. Except as provided under §§ 125.32(3)(b) and 125.07(3)(a)10, Wis. Stats., no premises operated under a Class "A," Class "B" or "Class C" license or permit may be open for business unless there is upon the premises the licensee or permittee, the agent named in the license or permit if the licensee or permittee is a corporation, or some person who has an operator's license and who is responsible for the acts of all persons serving any fermented malt beverages to customers. An operator's license issued in respect to a vessel under § 125.27(2), Wis. Stats., is valid outside the municipality that issues it. For the purpose of this section, any person holding a manager's license under § 125.18, Wis. Stats., or any member of the licensee's or permittee's immediate family who has attained the age of 18, shall be considered the holder of an operator's license. No person, including a member of the licensee's or permittee's immediate family, other than the licensee, permittee or agent, may serve fermented malt beverages in any place operated under a Class "A," Class "B" or "Class C" license or permit unless he or she has an operator's license or is at least 18 years of age and is under the immediate supervision of the licensee, permittee, agent or a person holding an operator's license, who is on the premises at the time of the service.
(2) 
Use by another prohibited.
(a) 
No person may allow another to use his or her Class "A" or Class "B" license or permitted to sell alcoholic beverages.
(b) 
The license or permit of a person who violates Subsection A(2)(a) above shall be revoked.
B. 
Procedure upon application.
(1) 
The Common Council may issue an operator's license, which license shall be granted only upon application in writing on forms to be obtained from the City Clerk only to persons 18 years of age or older. Operator's licenses shall be operative only within the limits of the City.
(2) 
All applications are subject to an investigation by the Chief of Police and/or other appropriate authority to determine whether the applicant to be licensed complies with all regulations, ordinances and laws applicable thereto. The Police Department shall conduct an investigation of the applicant, including, but not limited to, requesting information from the state, surrounding municipalities, and/or any community where the applicant has previously resided concerning the applicant's arrest and conviction record. Based upon such investigation, the Chief of Police shall recommend, in writing, to the Common Council approval or denial of the application. If the Chief of Police recommends denial, the Chief of Police shall provide, in writing, the reasons for such recommendation.
C. 
Duration. Standard operator's license issued under the provisions of this article shall be valid for a period of two years and shall expire on the 30th day of June each uneven-numbered year.
[Amended 11-12-2012 by Ord. No. 09-12]
D. 
Operator's license fee; provisional or temporary licenses.
(1) 
Fee. The fee for a standard or provisional operator's license shall be as prescribed in the City's fee schedule.
(2) 
Provisional license. The City Clerk may issue provisional operator's licenses in accordance with § 125.17(5), Wis. Stats. The provisional operator's license shall expire 60 days after its issuance or when an operator's license is issued to the holder, whichever is sooner. The City Clerk may, upon receiving an application for a temporary provisional license, issue such a license without requiring the successful completion of the responsible beverage server training course as described herein. However, such temporary license shall be used only for the purpose of allowing such applicant the privilege of being licensed as a beverage operator pending his successful completion of the responsible beverage server training course. A provisional license may not be issued to any person who has been denied an operator's license by the Common Council or who has had his/her operator's license revoked or suspended within the preceding 12 months. The City Clerk shall provide an appropriate application form to be completed in full by the applicant. The City Clerk may revoke the provisional license issued if he/she discovers that the holder of the license made a false statement on the application. Following completion of the responsible beverage server training course and notification from the school, the license application will be presented to the Council, with the appropriate fee as prescribed in Subsection D(1) above for a one- or two-year operator's license. If approved by the Council, the operator's license is issued.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Temporary license. The City Clerk may issue a temporary operator's license, at no fee, provided that:
(a) 
This license may be issued only to operators employed by, or donating their services to, nonprofit corporations.
(b) 
No person may hold more than one license of this kind per year.
(c) 
The license is valid for any period from one day to 14 days, and the period for which it is valid shall be stated on the license.
E. 
Issuance or denial of operator's licenses.
(1) 
After the Common Council approves the granting of an operator's license, the City Clerk 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.
(2) 
Denial of application.
(a) 
If the application is denied by the Common Council, the City Clerk shall, in writing, inform the applicant of the denial, the reasons therefor, and of the opportunity to request a reconsideration of the application by the Common Council in a closed session. Such notice must be sent by registered mail to, or served upon, the applicant at least 10 days prior to the Council's reconsideration of the matter. At such reconsideration hearing, the applicant may present evidence and testimony as to why the license should be granted.
(b) 
If, upon reconsideration, the Council again denies the application, the City Clerk shall notify the applicant in writing of the reasons therefor. An applicant who is denied any license upon reconsideration of the matter may apply to Circuit Court pursuant to § 125.12(2)(d), Wis. Stats., for review.
(3) 
Considerations.
(a) 
Consideration for the granting or denial of a license will be based on:
[1] 
Arrest and conviction record of the applicant, subject to the limitations imposed by §§ 111.321, 111.322, and 111.335, Wis. Stats.;
[2] 
The financial responsibility of the applicant; and
[3] 
Generally, the applicant's fitness for the trust to be reposed.
(b) 
If a licensee is convicted of an offense substantially related to the licensed activity, the Common Council may act to revoke or suspend the license.
(4) 
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 Common 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.
F. 
Training course.
(1) 
Except as provided in Subsection F(2) below, the Common Council may not issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course, which may include computer-based training and testing, that is approved by the Department of Revenue or the Educational Approval Board, or unless the applicant fulfills one of the following requirements:
[Amended 5-29-2012 by Ord. No. 08-12]
(a) 
The person is renewing an operator's license.
(b) 
Within the past two years, the person held a Class "A," Class "B," "Class A," "Class B," or "Class C" license or permit or a manager's or operator's license.
(c) 
Within the past two years, the person has completed such a training course.
(2) 
The Common Council may issue a provisional operator's license to a person who is enrolled in a training course under Subsection F(1) above and shall revoke that license if the applicant fails successfully to complete the course in which he or she enrolls.
(3) 
The Common Council may not require that applicants for operators' licenses undergo training in addition to that under Subsection F(1) but may require applicants to purchase, at cost materials that deal with relevant local subjects not covered in the course under Subsection F(1).
G. 
Display of license. Each license issued under the provisions of this article shall be posted on the premises whenever the operator dispenses beverages or be in his possession, or the licensee shall carry a license card.
[Amended 5-29-2012 by Ord. No. 08-12]
H. 
Revocation of operator's license. Violation of any of the terms or provisions of the state law or of this article relating to operator's licenses by any person holding such operator's license shall be cause for revocation of the license.
I. 
No person serving alcohol beverages shall be over the limits of acceptable level of intoxication of .08 while on duty.
[Added 9-28-2015 by Ord. No. 10-15]

§ 356-21 Violations and penalties.

A. 
Forfeitures for violations of §§ 125.07(1) to (5) and 125.09(2), Wis. Stats., adopted by reference in § 356-1 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 herein, or who shall conduct any activity or make any sale for which a license is required without a license shall be subject to a forfeiture as provided in § 1-4 of this Code.
[Amended 5-29-2012 by Ord. No. 08-12]
C. 
Nothing herein shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the Wisconsin Statutes.
[Adopted as Sec. 11-4-1 of the former City Code]

§ 356-22 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Includes all ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated, proprietary, patented, or not, and by whatever name called, as well as all liquors and liquids made by the alcoholic fermentation of an infusion in potable water of barley malt and hops, with or without unmalted grains or decorticated or determinated grains or sugar, which contain 1/2 of 1% or more of alcohol by volume and which are fit for use for beverage purposes.
PUBLIC AREA
Construed to mean any location within the City, which is open to access to persons not requiring specific permission of the owner to be at such location including all parking lots serving commercial establishments.
UNDERAGE PERSON
Any person under the legal drinking age as defined by the Wisconsin Statutes.

§ 356-23 Restrictions.

A. 
No person shall be allowed to consume, carry, transport or have in his possession any intoxicating liquor or fermented malt beverage on public sidewalks, streets, or any public riverfront property which borders the St. Croix River and the Mississippi River, which includes but is not limited to the Courtesy Dock, Prescott Beach, Mercord Mill Park, Riverwalk Way and the Public Boat Launch in the City, unless such intoxicating liquor or fermented malt beverage is in an unopened, sealed container.
B. 
Permits may be issued for special events by making application at the office of the City Clerk. Under no circumstance will any sale of alcoholic beverages be allowed unless approved by the Common Council.

§ 356-24 Private property held out for public use.

It shall be unlawful for any person to consume any alcoholic beverages upon any private property held open for public use within the City unless the property is specifically named as being part of a licensed premises.

§ 356-25 Leaving licensed premises with open container.

A. 
It shall be unlawful for any licensee, permittee or operator to permit any patron to leave the licensed premises with an open container containing any alcoholic beverage.
B. 
It shall be unlawful for any patron to leave a licensed premises with an open container containing any alcoholic beverage. This includes recorked wine bottles as per § 125.51(3r), Wis. Stats. A "Class B" license or "Class C" license authorizes the retail sale of wine in an opened original bottle, in a quantity not to exceed one bottle, for consumption both on and off the premises where sold if all of the following apply:
(1) 
The licensed premises is a restaurant also operated under a "Class B" or "Class C" license and the purchaser of the wine orders food to be consumed on the licensed premises.
(2) 
The licensee provides a dated receipt that identifies the purchase of food and the bottle of wine.
(3) 
Prior to the opened, partially consumed bottle of wine being taken off the licensed premises, the licensee securely reinserts the cork into the bottle to the point where the top of the cork is even with the top of the bottle. The wine must be recorked by the restaurant before midnight.
(4) 
If the patron intends to transport the container in a vehicle then they would need to place the bottle in their trunk or storage compartment of their vehicle to be taken home.

§ 356-26 Exceptions.

The provisions of this article may be waived by the Common Council for:
A. 
A nonprofit event of limited duration.
B. 
The operation of premises with respect to which an existing valid sidewalk cafe permit has been issued under § 506-10A.
C. 
Any organization which has been issued a temporary fermented malt beverage and/or temporary wine license for a designated area pursuant to the Code of the City of Prescott, provided that the provisions of this article and Article I of this chapter are fully complied with.