[HISTORY: Adopted by the Common Council of the City of New
Lisbon as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-2-2001 as Title 7, Ch. 2, of the 2001 Code]
The provisions of Ch. 125, 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 in order to
secure uniform statewide regulation of alcohol beverage control.
As used in this article the terms "alcohol beverages," "intoxicating
liquor," "principal business," "legal drinking age", "premises," "sell,"
"sold," "sale," "restaurant," "club," "retailer," "person," "fermented
malt beverages," "wholesaler" and "operator" 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 §§ 125.25, 125.26, 125.27,
125.28 and 125.51, Wis. Stats.
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 set by the Common Council
and publication costs, shall permit the holder to sell, deal or traffic
in intoxicating liquors or fermented malt beverages as provided in
Ch. 125, Wis. Stats.:
A.
Retail "Class A" intoxicating liquor license. A retail "Class A"
intoxicating liquor license 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. 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.
B.
Retail "Class B" intoxicating liquor license.
(1)
A retail
"Class B" intoxicating liquor license 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. 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.
(2)
"Class
B" license for full-service restaurants and hotels. Pursuant to § 125.51(4)(v),
Wis. Stats., a "Class B" license may be issued for a full-service
restaurant that has a seating capacity of 300 or more persons or a
hotel that has 50 or more rooms of sleeping accommodations and that
has either an attached restaurant with a seating capacity of 150 or
more persons or a banquet room in which banquets attended by 400 or
more persons may be held.
C.
Reserve "Class B" intoxicating liquor licenses. A reserve "Class
B" license means a license that is not granted or issued by the City
on December 1, 1997, and that is counted under § 125.51(4)(br),
Wis. Stats., which, if granted or issued, authorizes the sale of intoxicating
liquor to be consumed by the glass only on the premises where sold
and also authorizes the sale of intoxicating liquor in the original
package or container in multiples not to exceed four liters at any
one time, to be consumed off premises, except that wine may be sold
in the original package or otherwise in any other quantity to be consumed
off the premises. The fee for the initial issuance of a reserve "Class
B" license to a bona fide club or lodge situated and incorporated
in the state for at least six years is the fee established for a retail
"Class B" intoxicating liquor license for such a club or lodge. The
annual fee for renewal of a reserve "Class B" license is the fee established
for a retail "Class B" intoxicating liquor license.
D.
Class "A" fermented malt beverage retailer's license. A Class "A"
fermented malt beverage retailer's license 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. 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.
E.
Class "B" fermented malt beverage retailer's license.
(1)
License. A Class "B" fermented malt beverage retailer's license 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 0.5% 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. 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.
(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 § 125.295,
Wis. Stats., Class "B" licenses may not be issued to brewers or brewpubs.
A Class "B" license may not be issued to a person holding a wholesaler's
permit issued under § 125.28, Wis. Stats., or to a person
who has a direct or indirect ownership interest in a premises operating
under a wholesaler's permit issued under § 125.28, Wis.
Stats.
F.
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.
(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 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. 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.
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)
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 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. If the application is for a license
to be used in a City park, the applicant shall specify the main point
of sale facility.
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. The fee for less than one year shall be prorated.
(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 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, a foreign limited liability company, or a person
acting as agent for or in the employ of another.
A.
Contents.
(1)
Filing of applications. 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-Treasurer pursuant to Subsection A(2) below prior to the granting of such license. Such application shall be filed and sworn to by the applicant if an individual or by the president and secretary if a corporation. 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.
(2)
Filing time requirements.
(a)
All license applications, except temporary Class "B" fermented
malt beverage or temporary "Class B" wine licenses lasting under four
days, must be filed with the City Clerk-Treasurer at least 15 days
prior to date the license is to take effect.
(b)
All temporary Class "B" fermented malt beverage or temporary
"Class B" wine license applications must be filed with the City Clerk-Treasurer
at least five days prior to date the license is to take effect.
B.
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 § 125.26(6), 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.
C.
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.
D.
License quotas. The number of persons and places that may be granted
a retail "Class B" liquor license under this section is limited as
provided in § 125.51(4), Wis. Stats.
A.
Residency 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 alcohol 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), Wis. Stats., and the officers and directors
of the corporation meet the qualifications of § 125.04(5)(a)1
and 3 and (b), Wis. Stats., and unless the agent of the corporation
appointed under § 125.04(6), Wis. Stats., meets the qualifications
under § 125.04(5)(a)2, Wis. Stats. The requirement that
the corporation meet the qualifications under § 125.04(5)(a)1
and (b), Wis. Stats., 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-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.
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.
I.
Separate license required for each place of sale. A separate license
shall be required for each stand, place, room or enclosure or for
each suite of rooms or enclosures which are in a direct connection
or communication where intoxicating liquor or fermented malt beverages
are kept, sold or offered for sale, and no license shall be issued
to any person, firm, partnership, corporation or association for the
purpose of possession, selling or offering for sale any intoxicating
liquors or fermented malt beverages in any dwelling house, flat or
residential apartment.
The City Clerk-Treasurer 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, 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 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 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 conforms 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]
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.
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.
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 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.
Procedure. 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-Treasurer. Transfers shall be authorized only for the purpose
described in § 125.04(12)(a) and (b), Wis. Stats., or in
the event that the place or premises so licensed is permanently changed
to another location within the City. Proceedings for such transfer
shall be had in the same form and manner as the original application.
The fee for such transfer is set by the Common Council. 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.[1]
B.
Change of agent. 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 submit to the State of Wisconsin the list
of licenses as required by § 125.04(4), Wis. Stats.
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.
All retail Class "A," Class "B," "Class A" and "Class B" or
"Class C" 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" licensees
shall employ any person under age 18 as defined in the Wisconsin Statutes,
but this subsection shall not apply to hotels and restaurants. Family
members may work on the licensed premises but are not permitted to
sell or dispense alcohol 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 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 conforms to such rules and regulations.[1]
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 this restriction is waived by 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 alcohol 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 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 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.
Closing hours shall be established in conformance with § 125.32(3),
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.
Carry-out hours. Between 9:00 p.m. and 8:00 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
in original unopened packages, containers or bottles or for consumption
away from the premises. Class "B" and "Class B" licensees may offer
carry-out sales until 12:00 midnight.
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 New Lisbon
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 § 125.26(6), Wis. Stats., and shall fully comply with the requirements of this section and Article II of this chapter. 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 with a minimum of six feet between fences.
D.
Underage persons prohibited. No persons under age 18 shall be allowed
to assist in the sale of fermented malt beverages or wine at any point
of sale, nor shall underage persons be allowed to loiter or linger
in the area of any point of sale.
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 harmless against all claims, death
of any person or any damage to property caused by or resulting from
the activities for which the license 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 to the City of New Lisbon. The applicant
may be required to furnish a performance bond prior to being granted
the license.
H.
Beer and liquor not to be carried in. No person shall bring fermented
malt beverages or intoxicating liquor in any form of a container with
him/her, or in his/her automobile, to any public function within the
City of New Lisbon for his/her own consumption, or consumption of
others, except only under permission of the Common Council granted
for such function. The term "public function" shall be construed to
mean any function that is open to the general public for an admission
charge or without admission charge upon any premises in the City.
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 alcohol
beverages who abandons such business shall forfeit any right or preference
he/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 closing of the licensed premises for at least six months
shall be prima facie evidence of the abandonment, unless extended
by the Common Council for up to six months or used occasionally by
a business providing on-premises catering or special event facilities.
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 term 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.
D.
Point system.
(1)
In order to form a basis for suspension, revocation, nonissuance,
or nonrenewal, the following demerit system is hereby established
to identify habitually troublesome license holders who have repeatedly
violated state statutes or City ordinances, or the similar ordinances
of any other Wisconsin jurisdiction issuing licenses pursuant to Ch.
125, Wis. Stats., for the purpose of recommending suspension, revocation,
nonissuance, or nonrenewal of the license to the Common Council and
appropriate action thereby. Demerit points shall be assessed against
the license record of any license applicant or license issued by the
City of New Lisbon irrespective of the location of such violation
according to the following schedule:
|
Violation
|
Point Value
| |
|---|---|---|
|
Sale of alcohol beverage without license
|
100
| |
|
Sale of alcohol beverage to underage person
|
50
| |
|
Sale of alcohol beverage to intoxicated person
|
50
| |
|
Underage person on premises
|
50
| |
|
Intoxicated bartender
|
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 to be on premises at all times
|
25
| |
|
On premises after closing hours
|
25
| |
|
No carry-out, restricted to appropriate hours
|
25
| |
|
Permit person to leave licensed premises with open alcohol beverage
|
25
| |
|
All other violations of Ch. 125, Wis. Stats., the New Lisbon
Municipal Code, or corresponding ordinance of any other Wisconsin
alcohol beverage licensing jurisdiction
|
25
|
(2)
Any license holder who accumulates demerit points in accordance with
the following schedule may be denied an original renewal license or
may have the license suspended or revoked by the Common Council based
on either of the following occurrences:
[Amended 4-19-2016 by Ord. No. 0321-16-01]
(a)
The accumulation of the demerit points in the amounts set forth below as defined in Subsection D(1) above:
|
Demerit Points Accumulated in a Year
|
Period of Suspension
|
|---|---|
|
50
|
30 days
|
|
75 or greater
|
90 days
|
(b)
In the event that a complaint is filed in compliance with 125.12(2),
Wis. Stats., and a finding is made that the allegations are both sufficient
and proven such that a revocation is warranted, the Council shall
revoke the license for a period of not less than 10 nor more than
90 days.
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 4:00 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 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 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.
A.
Purpose. The Common Council finds that restrictions are necessary
for outdoor beer gardens and sports activities at premises holding
"Class B" and Class "B" liquor and fermented malt beverages licenses
due to concerns arising from noise, density and related problems.
This section enacted pursuant to police power provides a framework
for regulatory controls on such outdoor sports and beer garden activities.
B.
Approval required.
(1)
Generally. No licensee shall conduct or sponsor any outdoor sports
activity or event or beer garden on property forming any part of the
real property on which the licensed premises exists without the prior
approval of the Common Council.
(2)
Permit required for beer garden outdoor consumption. No licensee
shall permit the consumption of alcohol beverages on any part of the
licensed premises not enclosed within the building, except under a
beer garden 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.
C.
Application. If a licensee shall conduct or sponsor any outdoor sports
activity or event or beer garden on the licensee's property, the licensee
shall file an application with the City Clerk-Treasurer setting forth
the following information:
(1)
The name, address and telephone number of the person or persons who
will be responsible for the actual conduct of the activity or event;
(2)
The date and duration of time of the proposed activity or event;
(3)
An accurate description of that portion of the licensee's property
proposed to be used;
(4)
A good faith estimate of the number of users, participants and spectators
for the beer garden or proposed activity or event; and
(5)
The licensee's plan for maintaining the cleanliness of the licensed
area.
D.
Time for filing. The licensee shall file the application not less
than 15 days before the date of the proposed activity or event. The
Common Council may waive the fifteen-day time limit upon a licensee's
showing of exigent circumstances. The application shall be accompanied
by payment of a fee as set by the Common Council for review of the
application. The applicant may request that an annual permit be issued
for the beer garden or outdoor sports activities.[1]
E.
Review. The Common Council shall review the application in light
of the standards of this section. If the nature of the property or
the event requires the imposition of additional regulations, the Common
Council may impose these regulations upon an express finding detailing
the reasons for additional regulation. All property owners within
150 feet of the proposed beer garden or outside sports facility shall
be notified of the pendency of application for a permit by first-class
mail.
F.
Outdoor sports activity standards. The following standards shall
apply to any outdoor sports activity regulated under this section:
(1)
Approval of an application shall not act to permit outdoor consumption
of alcohol beverages on the property beyond the area specifically
licensed.
(2)
If the estimated number of participants and spectators shall bring
the number of persons on the property above the number for which licensed
premises' rest room facilities are rated adequate, the licensee shall
provide a number of portable temporary rest rooms sufficient to serve
the estimated number of persons.
(3)
The Common Council shall not grant approval to any applicant whose
property on which the activity or event is proposed is adjacent to
any property zoned residential or on which a residential use exists
as a nonconforming use or within 100 feet of any property zoned residential
or on which a residential use exists as a nonconforming use. Fencing
may be required.
(4)
The applicant shall provide parking adequate for the proposed activity
or event, whether on site or through agreements with property owners
shown to the Common Council's satisfaction to permit their property
to be used for parking for the proposed activity or event.
(5)
The applicant shall show the Common Council plans adequate to provide
reasonable access to participants and spectators for the event and
to limit access for all other persons.
(6)
The licensee shall clean up all garbage and debris relating to the
activity or event at least once per 24 hours during the activity or
event.
(7)
The licensee shall not permit the noise level of the sports activity
or event to exceed 75 dB, measured at any border of the licensee's
real property.
G.
Limitations on issuance of beer garden permits.
(1)
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.
(2)
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.
(3)
Every beer garden shall be completely enclosed with a fence or wall
not less than six feet in height.
(4)
No amplified sound or music is permitted outside the enclosed (building)
premises. Dancing or amplified sound or music is not permitted in
the beer garden.
(5)
There shall be a licensed operator within the beer garden at all
times the beer garden is in operation.
(6)
The only entrance to the outdoor portion of the licensed premises
shall be solely through the entrance to the principal tavern, restaurant
or other described portion of the licensed premises located in a building
or structure.
H.
State statutes enforced within beer garden. Every permittee under
this section shall comply with and enforce all provisions of Ch. 125,
Wis. Stats., applicable to Class "B" licensed premises, except insofar
as such provisions are clearly inapplicable. Violation of the provisions
of Ch. 125, Wis. Stats., shall be grounds for immediate revocation
of the outdoor sports activity or beer garden permit by the Common
Council.
A.
Operator's license required.
(1)
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.
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-Treasurer only to persons 18 years of age or older.
Operators' licenses shall be operative only within the limits of the
City.
(2)
When directed by the Common Council, all applications may be 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. If so
directed by the Common Council, 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
a minimum of 48 hours prior to the Council's meeting 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 operators' 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.
Operator's license fee; provisional license.
[Amended 11-17-2003[1]]
(1)
Fees. The fees for a standard operator's license and for a provisional
operator's license shall be set by the Common Council.
(2)
Provisional license. The City Clerk-Treasurer may issue provisional operators' 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-Treasurer may, upon receiving an application for a temporary provisional license, issue such a license without requiring the successful completion of the approved 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 approved training course. A provisional license may not be issued to any person who has been denied an operator's license by the City or who has had his/her operator's license revoked or suspended within the preceding 12 months. The City Clerk-Treasurer shall provide an appropriate application form to be completed in full by the applicant. The City Clerk-Treasurer 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 an operator's license. If approved by the Council, the operator's license is issued.
E.
Issuance or denial of operator's license.
(1)
After Common Council approval of an application for 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.
(2)
If the application is denied, the City Clerk-Treasurer 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 review of the matter. At such reconsideration
hearing, the applicant may present evidence and testimony as to why
the license should be granted. If, upon reconsideration, the Council
denies the application, the City Clerk-Treasurer 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)
Consideration for the granting or denial of a license will be based
on:
(4)
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.
(5)
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:[2]
G.
Display of license. Each license issued under the provisions of this
section shall be posted on the premises whenever the operator dispenses
beverages or be in his possession, or the licensee shall carry a license
card.[3]
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.
A.
Forfeitures for violations of §§ 125.07(1) to (5) and 125.09(2), Wis. Stats., adopted by reference in § 329-1 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 elsewhere in this article, 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.[1]
C.
Nothing herein shall preclude or affect the power of the sentencing
court to exercise additional authorities granted by the Wisconsin
Statutes.
[Adopted 4-2-2001 as Title 11, Ch. 4, of the 2001 Code]
As used in this article, the following terms shall have the
meanings indicated:
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 degerminated grains or sugar, which contain 1/2 of 1% or more of
alcohol by volume and which are fit for use for beverage purposes.
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.
Any person under the legal drinking age as defined by the
Wisconsin Statutes.
A.
Regulations.
It shall be unlawful for any person to sell, serve or give away, or
offer to sell, serve or give away, any alcohol beverage upon any public
street, sidewalk, alley, public parking lot, highway, park, municipal
building, library, cemetery or drives or other public area within
the City of New Lisbon or on private property without the owner's
consent, except at licensed premises. It shall be unlawful for any
person to consume or have in his/her possession any open container
containing alcohol beverage upon any public street, public sidewalk,
public way, park, municipal building, library, public alley or public
parking lot within the City of New Lisbon.[1]
B.
Private
property held out for public use. It shall be unlawful for any person
to consume any alcohol 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.
C.
Exceptions.
(1)
The provisions of this section may be waived by the Common Council
for duly authorized events. Fraternal and service clubs and other
organizations may apply for a permit to have meetings, festivals and
activities held on the public streets or in public areas so that alcohol
beverages and fermented malt beverages may be consumed during the
time permitted as designated on the permit. Such permit applications
shall be made to the Common Council on forms provided by the Clerk-Treasurer.
The permit shall specify the exact dates that such activity shall
be allowed in public places.
(2)
This section shall not apply to any organization which has been issued a temporary fermented malt beverage and/or temporary wine license for a designated area and event pursuant to this Code of Ordinances, provided that the provisions of this article and Article I of this chapter are fully complied with.[2]
(3)
The provisions of this section regarding open consumption of fermented
malt beverages or intoxicating liquor shall not apply within 200 feet
of a parade route which the City of New Lisbon has authorized from
one hour prior to the scheduled start of said parade until one hour
after the end of said parade; except that the foregoing exemption
does not extend to any vehicle or unit of the parade, however propelled,
nor to any parade participant for that period of time during which
the vehicle, unit of the parade or person is participating within
the assembly and disembarkment points of the parade.[3]
[3]
Editor's Note: Original Secs. 11-4-2 to 11-4-9, which immediately followed this section and dealt with underage and intoxicated persons, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See §§ 125.07 and 125.09, Wis. Stats., adopted by reference in § 329-1, and § 329-20A.
