[HISTORY: Adopted by the Common Council of the City of Watertown
as indicated in article histories. Amendments noted where applicable.]
[Adopted as §§ 9.01 and 9.20 of the former
City Code; amended in its entirety by Ord. No. 05-20]
The provisions of Ch. 125 and § 66.0433, Wis. Stats., defining and regulating the sale, procurement, dispensing and transfer of intoxicating liquor, fermented malt beverages and other nonintoxicating and soda water beverages, excluding provisions relating to the penalty to be imposed or the punishment for violation of such statutes, are adopted and made a part of this article by reference. A violation of any of such provisions shall constitute a violation of this article.
A.
When required. No person, except as provided by §§ 125.06 and 66.0433, Wis. Stats., shall within the City serve, sell, manufacture, rectify, brew or engage in any other activity for which this article or Ch. 125 or § 66.0433, Wis. Stats., requires a license, permit or other authorization without obtaining the required license, permit or authorization as provided in this article.[1]
B.
Separate license required for each place of sale. Except for licensed
public warehouses, a license shall be required for each location or
premises where intoxicating liquor, fermented malt beverages or nonintoxicating
and soda water beverages are commercially stored, sold or offered
for sale.
The following classes and denominations of licenses may be issued by the City Clerk/Treasurer upon the granting by the Common Council after payment of the fee as set by the Common Council and provided under a separate fee schedule, which when so issued shall permit the holder to sell, deal or traffic in beverages as provided in §§ 66.0433, 125.17, 125.25, 125.26 and 125.51, Wis. Stats. Except as otherwise provided in this article or Ch. 125, Wis. Stats., the full license fee shall be charged for the whole or fraction of any license year. For the purpose of this article, a license year is defined as the period from July 1 to June 30. Except as otherwise provided in this article, all licenses shall expire on the June 30 next following the date of issuance.
A.
Retail Class "A" fermented malt beverage license.
B.
Retail Class "B" fermented malt beverage license.
(1)
Six-month license. A license may be issued at any time for six months
in any calendar year, for which 1/2 of the applicable license fee
shall be paid, but such license shall not be renewable during the
calendar year in which it was issued.
(2)
Picnic license: a per-day fee to bona fide clubs or lodges pursuant
to § 125.26, Wis. Stats. If the licensed premises is on
City-owned property, this license shall be limited to the sale or
dispensing of fermented malt beverages in open paper or plastic cups
or like containers only.
C.
Retail "Class A" liquor license.
D.
Retail "Class B" liquor license, which shall permit its holder to
sell liquor by the glass to be consumed on the licensed premises and,
in original packages or containers, in multiples not to exceed four
liters at any one time to be consumed off the licensed premises. Wine
may be sold in original packages or otherwise in any quantity to be
consumed off the licensed premises. The City elects to come under
the provisions of § 125.51(3)(b), Wis. Stats.
E.
Retail "Class C" liquor license.
F.
Temporary retail "Class B" wine license. Pursuant to § 125.51(10), Wis. Stats., this license may be issued to bona fide clubs, local fair associations or agricultural societies, 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. The fee for the license shall be as set by the Common Council and provided under a separate fee schedule per day, unless the applicant has also applied for and been granted a temporary retail Class "B" fermented malt beverage (picnic) license, pursuant to Subsection B(2) above. If the licensed premises are on City-owned property, this license shall be limited to the sale or dispensing of wine in open paper or plastic cups or like containers only, unless the original package, container or bottle is sold as part of a wine tasting event, is placed in a opaque bag or package, and is limited to consumption off the City-owned property.
G.
Operator's license.
(1)
A two-year operator's license (i.e., bartender's license) may be
granted to individuals by the Common Council for the purposes of complying
with §§ 125.32(2) and 125.68(2), Wis. Stats.
(2)
Once issued by the City Clerk/Treasurer, an operator's license shall
be valid until June 30 next following the date of issuance. An operator's
license may then be validated for use during the second license year
only if returned to the office of the City Clerk/Treasurer together
with payment by the applicant of the second year's fee, no sooner
than May 1 but no later than June 30 next following the date of issuance.
(3)
Written applications for an operator's license shall be on forms
provided by the City Clerk/Treasurer and shall be accompanied by the
first year's fee.
H.
Provisional operator's license.
(1)
Individuals who have applied for an operator's license under Subsection G above and who have shown proof of enrollment in the bartender's training course under § 220-5I may be issued a provisional operator's license by the City Clerk/Treasurer, without approval by the Common Council, pursuant to § 125.17(5), Wis. Stats.
(2)
Once issued by the City Clerk/Treasurer, the provisional operator's license shall be valid until either the date of issuance or denial of a regular operator's license by the Common Council, under Subsection G or 60 days after the date of the issuance of the provisional operator's license, whichever date is earlier.
(3)
A provisional operator's license may not be issued to any individual who has been denied a license under this article or Ch. 125, Wis. Stats., within the three-year period immediately preceding the date of application.
(4)
Only one provisional operator's license may be issued to any individual
for each regular license application.
I.
Temporary operator's license.
(1)
The fee charged for a temporary operator's license as provided hereunder
shall be as set by the Common Council and provided under separate
fee schedule.
(2)
Temporary operator's licenses may be granted to individuals by the
Clerk/Treasurer in substantial accordance with the licensing guidelines
established by the Licensing Board for the purposes of complying with
§§ 125.32(2) and 125.68(2), Wis. Stats. The Police
Chief shall provide investigatory consultation and recommendation
with respect to any temporary operator license applicant's criminal
or quasi-criminal background as pertinent to the licensing guidelines
established by the Licensing Board.
(3)
Temporary operators' licenses may be issued only upon written application
on forms provided by the Clerk/Treasurer.
(4)
Temporary operators' licenses may be issued only to operators employed
by, or donating their services to, nonprofit corporations.
(5)
No individual may hold more than one temporary operator's license
in any single consecutive twelve-month period.
(6)
A temporary operator's license shall be valid for any period from
one day to 14 days; the period for which the temporary operator's
license is valid shall be so stated on the face of the license.
(7)
Temporary operator's licenses may be issued by the Clerk/Treasurer
in accordance with § 125.17(1), (2), (3) and (4), Wis. Stats.
J.
Retail nonintoxicating and soda water beverage license. Except for
those persons holding a Class "B" fermented malt beverage license,
the fee shall be as set by the Common Council and provided under separate
fee schedule, which shall entitle the holder to sell, deal or traffic
in nonintoxicating and soda water beverages for consumption on or
off the licensed premises by the general public.
K.
Provisional retail license. The Police Chief shall provide investigatory consultation and recommendation with respect to any retail license applicant's criminal or quasi-criminal background as pertinent to the licensing guidelines established by the Licensing Board and the governing provisions of Ch. 125. The Clerk/Treasurer shall issue a provisional retail license only if a positive recommendation for issuance is made by the Police Chief. The Police Chief shall provide a recommendation as to the issuance or nonissuance of a new retail license to the Clerk/Treasurer and Licensing Board as soon as practicable.
[Added 4-3-2017 by Ord.
No. 17-9]
A.
Form. Application for a license to sell or deal in intoxicating liquor
or fermented malt beverages shall be made in writing on forms prescribed
by the State Department of Revenue. All other license applications
required hereunder shall be made in writing on forms prescribed by
the City. All applications shall be filed with the City Clerk/Treasurer
and shall, with the exception of the operator's license, physically
describe the premises to be licensed, including every room and storage
space to be covered by the license and all rooms joined by connecting
entrances or not separated by a solid wall.
B.
Application to be notarized. Applications shall be signed and sworn
to by the applicant as provided by § 887.01, Wis. Stats.
C.
License investigation. The City Clerk/Treasurer shall notify the
Chief of Police, City Health Officer, City Fire Inspector, and City
Building Inspector of each application for any license provided under
this article, 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 comply with the regulations, ordinances and
the laws applicable thereto and to determine whether the applicant
is a proper recipient of the license requested. These officials shall
furnish to the City Clerk/Treasurer and the Licensing Board, in writing,
the information derived from such investigations, accompanied by a
recommendation as to whether the license should be granted or refused.
(1)
No license shall be renewed without a reinspection of the premises,
except that each premises need not be inspected more than once each
license year unless required by other rules or regulations.
(2)
In determining the suitability of an applicant, consideration shall
be given to the moral character and financial responsibility of the
applicant, the appropriateness of the location and premises proposed,
and generally the benefits, if any, the City will realize from the
issuance of the license.
D.
Granting and issuance. The granting and issuance of licenses authorized
under this article shall be governed by the following:[1]
(1)
All license applications submitted hereunder shall be granted or
denied no later than by the date of the first regular Common Council
meeting subsequent to the forty-five calendar day period following
the date of application. A granted license shall be issued at the
office of the City Clerk/Treasurer within six months after such granting.
Failure by the applicant to appear and take receipt of a granted license
during this six-month period shall be treated as a voluntary withdrawal
of the application. If an applicant needs more than six months to
take receipt of the license, due to construction delays or purchase
delays of the licensed premises, the applicant must request an extension
from the Licensing Board. The Licensing Board shall then have complete
authority as to whether or not to grant or deny such extension request.
(2)
Subject to the limits set forth in Subsection D(1) above, the City Clerk/Treasurer shall hold the license after the same has been granted by the Common Council until the applicant has complied with all state laws and local ordinances, as determined by the license investigation required by Subsection C of this section, and all conditions associated with the issuance as may be imposed by the Common Council independently or as a result of the recommendations of the Licensing Board.
B.
Location. No retail "Class A" liquor license, retail "Class B" liquor
license or retail Class "B" fermented malt beverage license (except
picnic) shall be issued for premises the main entrance of which is
less than 300 feet from the main entrance of any established public
or parochial school, hospital or church. Such distance shall be measured
by the shortest route along the highway from the closest point of
the main entrance of such school, hospital or church to the main entrance
of the premises covered by the license application. 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, hospital or
church building.
C.
Violators of liquor or beer laws or ordinances. No retail Class "A," "Class A," Class "B," "Class B," "Class C" or operator's license will be issued to persons who have been convicted of violating any federal, state or local laws related to alcohol or other categories as specified in the Licensing Board guidelines. Those convicted of any violations while holding a license will be subject to the suspension and revocation process as outlined in Ch. 125, Wis. Stats., and this article.
D.
Health and sanitation requirements. No retail Class "B," "Class B"
or "Class C" license shall be issued for any premises which does not
conform to the sanitary, safety and health requirements of the rules
and regulations of the State Department of Health Services applicable
to restaurants and to all such ordinances and regulations adopted
by the City.[2]
E.
License quota. The number of retail "Class A" and "Class B" liquor
licenses that may be issued under this article is as follows:
(1)
The
number of persons and places that may be issued a retail "Class B"
liquor license is limited as provided in § 125.51(4), Wis.
Stats.
F.
Corporations. No license shall be issued to any corporation when
more than 50% of the voting stock interest, legal interest or beneficial
interest is held by any person or persons not eligible for a license
under this article.
G.
H.
Issuance for sales in dwellings prohibited. No license shall be issued
or transferred to any person for the purposes of possessing, selling
or offering for sale any alcohol beverages in any dwelling house,
flat or residential apartment.
I.
Bartender's course.
(1)
No operator's license or Class "A," "Class A," Class "B," "Class
B" or "Class C" license shall be issued or appointment of a corporate
agent accepted unless the individual applicant or corporate agent
has placed with the City Clerk/Treasurer a certification or other
written evidence of completion by the individual applicant or corporate
agent of an approved bartender's or alcohol beverage operator's training
course. The applicant can also provide a copy of proof that he or
she has a current operator's license in another municipality.
(2)
The City Clerk/Treasurer shall maintain a list of training courses
currently approved by the Licensing Board for use by prospective license
applicants.
(3)
The applicant must attend the bartender's awareness course if:
(a)
He/she has never held a license in the City of Watertown.
(b)
He/she did hold a license in the City of Watertown but it expired
more than two years ago.
(c)
He/she did hold a license in the City of Watertown, which has
lapsed, and the applicant never attended the course or attended the
course more than two years ago.
(d)
He/she already attended the course more than two years ago,
and the applicant never held a license.
(4)
The term "corporate agent," as used in this subsection, shall mean
and refer to the term "agent" as described in § 125.04(6),
Wis. Stats.
(5)
In the event the license applicant is a partnership, the term "individual
applicant," as used in this subsection, shall mean and refer to both
partners.
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 and,
unless sooner revoked, shall expire on June 30 thereafter, except
as otherwise provided.
A.
As to person. No license shall be transferable as to licensee except
as provided by § 125.04(12), Wis. Stats.
B.
As to place. Licenses issued pursuant to this article may be transferred
as provided in § 125.04(12), Wis. Stats. Application for
such transfer shall be made on blanks furnished by the State Department
of Revenue. Proceedings for transfer shall be had in the same manner
and form as the original application.
A.
Every license or permit required under this article (except for operators'
licenses) shall be framed and posted and at all times displayed as
provided by § 125.04(10), Wis. Stats. No individual shall
post such license or permit any other individual to post it upon premises
other than that mentioned in the application or knowingly deface or
destroy such license.
B.
An operator's license shall at all times be within the immediate
work area of the individual so licensed when engaged in the sale,
dispensing or serving of alcohol beverages or when present upon a
licensed premises for the purpose of supervising such sale, dispensing
or serving by others.
A.
Gambling and disorderly conduct prohibited. Each licensed or permitted
premises shall at all times be conducted in an orderly manner, and
no unlawful, disorderly, riotous or indecent conduct shall be allowed
at any time on any such premises.
B.
Employment of minors. No licensee shall employ any person under 18
years of age to serve, sell, dispense or give away any alcohol beverages.
C.
Sales by clubs. No club shall sell any alcohol beverage except to
members and guests invited by members.
D.
Safety and sanitation requirements. Each licensed premises shall
be maintained and conducted in a sanitary manner and shall be a safe
and proper place for the purpose for which used.
E.
Supervision of sales. The point of sale of alcohol beverages must,
at all times, be under the direct supervision and visual sight of
either the licensee or the agent, if the licensee is a corporation,
or a person holding an operator's license.
F.
Outside sales; consumption; possession of open intoxicants. Sales, consumption or possession of open intoxicants with respect to alcohol beverages authorized under a retail Class "A," "Class A," Class "B," "Class B" or "Class C" license (except for picnic licenses) shall be limited to the internal confines of the licensed premises, except for those holders of a retail "Class B" liquor license who have been issued an outside sales event license pursuant to Article II of this chapter or as otherwise permitted under this article. Possession of open intoxicants shall be defined as provided under § 410-52.
[Amended by Ord. No. 13-25]
G.
Non-alcohol events; underaged persons. 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:
(1)
The licensee or agent of a corporate licensee shall notify the Police
Department at least 48 hours in advance of any date on which underage
persons will be present on the licensed premises. Each such non-alcoholic
event's notice shall specify the date(s) on which the event is to
occur and the time(s) of commencement. All notices shall be filed
with the Police Department during normal working hours (8:00 a.m.
to 5:00 p.m., Monday through Friday) and shall be given on forms prescribed
by the Police Department. After a non-alcohol event notice has been
given, the licensee may cancel an event(s) only by giving like notice
to the Police Department in accordance with the provisions of this
subsection. Regardless of date given, all notices shall expire and
be deemed canceled no later than the date of expiration or revocation
of the applicable retail Class "B" license.
(2)
During the period of any non-alcohol 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 Police Department to a requesting licensee at no
cost.
(3)
Once a non-alcohol 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 as specified in § 220-10A(3).
(4)
During the period of any non-alcohol event, all alcohol beverages
not stored in a locked portion of the licensed premises shall be stored
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.
H.
Sexually oriented businesses on licensed premises.
(1)
Findings.
(a)
The Common Council has authority under its general police powers
set forth in § 62.11(5), Wis. Stats., to act for the good
order of the municipality and for the health, safety and welfare of
the public and may carry out its powers by regulation and suppression.
(b)
The Common Council recognizes it lacks authority to regulate
obscenity in light of § 66.0107(3), Wis. Stats., and does
not intend by adopting this subsection to regulate obscenity, since
nudity in and of itself is not obscene. It declares its intent to
enact an ordinance addressing the secondary effects of live, totally
nude, nonobscene, erotic dancing in bars and taverns.
(c)
Bars and taverns featuring totally nude, nonobscene, erotic
dancing or motion-picture or video presentations thereof have in other
communities tended to further the increase of criminal and other offensive
activity, to disrupt the peace and order of the communities, to depreciate
the value of real property, to harm the economic welfare of the communities
and to negatively affect the quality of life of the communities, and
such secondary effects are detrimental to the public health, safety
and general welfare of citizens.
(d)
The Common Council recognizes that the United States Supreme
Court has held that nude dancing is expressive conduct within the
outer perimeters of the First Amendment to the United States Constitution
and therefore entitled to some protection under the First Amendment,
and the Common Council further recognizes that freedom of speech is
among our most precious and highly protected rights and wishes to
act consistently with full protection of those rights.
(e)
However, the Common Council is aware, based on the experiences
of other communities, that bars and taverns in which live, totally
nude, nonobscene, erotic dancing or video or motion-picture presentation
thereof occurs may and do generate secondary effects which the Common
Council believes are detrimental to the public health, safety and
welfare of the citizens of the City of Watertown.
(f)
Among these secondary effects are: the potential increase in
prostitution and other sex-related offenses, as well as other crimes
and offenses; the potential depreciation of property values in neighborhoods
where bars and taverns featuring nude dancing exist; health risks
associated with the spread of sexually transmitted infections; and
the potential for infiltration by organized crime for the purpose
of unlawful conduct.
(g)
The Common Council desires to minimize, prevent and control
these adverse effects and thereby protect the health, safety and general
welfare of the citizens of the City of Watertown; protect the citizens
from increased crime; preserve the quality of life; preserve the property
values and character of surrounding neighborhoods; and deter the spread
of urban blight.
(h)
The Common Council has determined that enactment of an ordinance
prohibiting live, totally nude, nonobscene, erotic dancing, or the
video or motion-picture presentation thereof, in bars and taverns
licensed to serve alcohol beverages, promotes the goal of minimizing,
preventing and controlling the negative secondary effects associated
with such activity.
(2)
It shall be unlawful for any licensee, agent of the licensee, or person holding an operator's license under Ch. 125, Wis. Stats., or this article to knowingly permit or knowingly allow any person to:
(a)
Perform or to engage in the display or exposure of any specified
anatomical areas upon the licensed premises.
(b)
Engage in any specified sexual activity upon the licensed premises.
(c)
Simulate, perform or depict, with or without artificial devices or
inanimate objects, any specified sexual activity with any other person
upon the licensed premises, including with another employee or independent
contractor.
(d)
Show, display or exhibit, on the licensed premises, any film, video,
still picture, electronic reproduction or any other visual reproduction
or image of any specified sexual activities or specified anatomical
areas.
(e)
Engage in any of those adult uses described in § 550-52P(1) of this Code, as from time to time amended, upon the licensed premises so as to intentionally touch any patron, guest or customer of the licensed premises, either directly or through a medium, for purposes of passing a gratuity from the patron, guest or customer to the person, entertainer or performer, unless the patron, guest or customer maintains a distance of at least three feet from the person, entertainer or performer.
[Amended 10-4-2016 by Ord. No. 16-18]
(f)
Intentionally straddle the legs of another employee or independent
contractor or any patron, guest or customer at the licensed premises,
regardless of whether there is a touch or touching.
(4)
Definitions. As used in this Subsection H, the following terms shall have the meanings indicated:
- SPECIFIED SEXUAL ACTIVITIES
- Simulated or actual:
- (a) Showing of human genitals in a state of sexual stimulation or arousal.
- (b) Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio, cunnilingus or excretory functions.
- (c) Fondling or erotic touching of human genitals, pubic region, anus, buttocks or female breasts.
(5)
Exemptions. The provisions of this Subsection H do not apply to the following activities conducted on the licensed premises or in the following specific areas of licensed establishments:
(a)
Theaters, performing arts centers, civic centers, exhibition
halls, restaurants and dinner theaters where live dance, ballet, music
and dramatic performances of serious artistic merit are offered to
the general public, with or without paid admission, or movie theaters
and video arcades where video or motion-picture presentations of dance,
ballet, music and dramatic performances of serious artistic merit
are offered to the general public, with or without paid admission.
In order to fall within the application of this exemption, the predominant
business or attraction in the licensed establishment may not consist
of the offering to customers of entertainment which is intended to
provide sexual stimulation or sexual gratification to such customers
and where the establishment is distinguished by an emphasis on, or
the advertising or promotion of, employees or independent contractors
associated with the licensed establishment engaging in nude erotic
dancing.
(b)
Lavatories, restrooms and bathrooms on the licensed premises
where there is unintentional exposure of genitals by individuals performing
excretory functions.
(c)
The private areas or guest rooms not accessible to the general public of those hotels, motels, rooming houses, or bed-and-breakfast businesses in the City which hold an operator's license under Ch. 125, Wis. Stats., or this article.
(d)
The rental or sale of video cassettes, DVD videodiscs, or other
electronic media for private viewing by individuals off the licensed
premises.
(e)
Exposure of any portion of the female breast while a person
is engaged in breast-feeding a child.
[Amended by Ord. No. 11-33]
A.
No premises for which an alcohol beverage license or permit has been
issued shall remain open during the following hours:[1]
(1)
Retail
"Class A" liquor license: between 9:00 p.m. and 6:00 a.m.
(2)
Retail
Class "A" fermented malt beverage license: between 12:00 midnight
and 6:00 a.m.
(3)
Retail Class "B," "Class B" and "Class C" licenses and permits: between
2:00 a.m. and 6:00 a.m., Monday through Friday, and between 2:30 a.m.
and 6:00 a.m. on Saturday and Sunday, except that on the Sunday that
daylight saving time begins as specified in § 175.095(2),
Wis. Stats., closing hours shall be between 3:30 a.m. and 6:00 a.m.
On January 1, there shall be no limit on the hours which the licensee
may remain open. No package, container or bottle sales in unopened
original containers for consumption off the premises may be made between
the hours of 12:00 midnight and 8:00 a.m.
[Amended 6-6-2017 by Ord.
No. 17-12]
[1]
Editor's Note: Former Subsection A(1), pertaining to hours
for wholesale license, was repealed 10-4-2016 by Ord. No. 16-18.
B.
Exceptions. Food stores, hotels, restaurants and other commercial
establishments whose principal business is the sale or furnishing
of food or lodging, and bowling alleys and golf courses may remain
open for the conduct of their regular business, but no intoxicating
liquors or fermented malt beverages shall be sold during the applicable
above-stated hours.
C.
Definition. For the purpose of this section, "shall remain open"
does not apply to the licensee or his/her employees remaining on the
premises after closing hours specifically to clean or repair the premises;
however, the general public, guests of the licensee, or guests of
licensee's employees shall not be allowed to remain on the premises
after closing hours, and the doors to the premises shall be locked
to prevent access by such persons.
D.
Obstruction of front windows/doors. All premises for which an alcohol
beverage license or permit has been issued shall be so arranged as
to furnish a clear view from the sidewalk of the interior of the establishment.
No curtains, pictures, signs or other obstructions which interfere
with such a clear view shall be maintained. The provisions of this
subsection, however, shall not apply to hotels or restaurants.
[Amended by Ord. No. 12-02]
A.
Procedure.
(1)
Whenever the holder of any license issued under this article is subject
to the sanctions imposed under this article:
(a)
Proceedings for the revocation or suspension of such license shall
be instituted in the manner and under the procedures established by
§ 125.12, Wis. Stats., before the City of Watertown Licensing
Board and as specified herein below.
(2)
Whenever any license issued under this article has been revoked,
at least 12 months from the time of such revocation shall elapse before
another license shall be issued under this article to the person whose
license was revoked.
B.
Suspension. In addition to the procedures and penalties set forth
in this article and in addition to any other penalty imposed by law:
(1)
Any retail license issued under this article may be suspended by the Licensing Board for a period not less than five days and not more than 30 days upon the conviction in Municipal Court or a circuit court exercising concurrent jurisdiction of a licensee for an offense under this article or for a violation of Ch. 125 or 139, Wis. Stats., or any other federal or state liquor or fermented malt beverage law, or pursuant to the point system as set forth at Subsection D below.
[Amended 10-4-2016 by Ord. No. 16-18]
(2)
Any operator's license issued under this article may be suspended by the Licensing Board for a period not less than 10 days and not more than 60 days upon the conviction in Municipal Court or a circuit court exercising concurrent jurisdiction of the licensee for an offense under this article or for a violation of Ch. 125 or 139, Wis. Stats., or any other federal or state liquor or fermented malt beverage law or pursuant to the point system as set forth at Subsection D below. The holder of such operator's license shall be prohibited from selling alcohol beverages anywhere in the City of Watertown during such period of suspension.
(3)
Any employee, agent or representative of a retail licensee, whether or not compensated by the licensee, who is not a holder of an operator's license and who is convicted in the Municipal Court or a circuit court exercising concurrent jurisdiction for an offense under this article or for a violation of Ch. 125 or 139, Wis. Stats., or any other federal or state liquor or fermented malt beverage law or pursuant to the point system as set forth at Subsection D below may be prohibited from selling alcohol beverages in the City of Watertown for a period of not less than 10 days and not more than 60 days.
[Amended 10-4-2016 by Ord. No. 16-18]
C.
Revocation. In addition to the procedures and penalties set forth in this article and in addition to any other penalty imposed by law, any license issued under this article may be revoked by the Licensing Board upon a second violation committed within 12 months after a previous violation, both of which resulted in a conviction of the same licensee in any Municipal Court or a circuit court exercising concurrent jurisdiction under this article or for a violation of Ch. 125 or 139, Wis. Stats., or any other federal or state liquor or fermented beverage law.
D.
System created. There is hereby established a point system for the
purpose of guiding the Licensing Board in making recommendations on
the possible suspension or revocation of alcohol beverage licenses.
The number of demerit points shall be assigned according to the type
of violation. This system is intended to identify habitually troublesome
alcohol licensees whose actions or those of his/her employees repeatedly
violate state statutes and/or City of Watertown ordinances and to
take consistent action against such licensees.
(1)
Assignment of points. There is hereby assigned the following maximum
demerit points for each type of violation:
|
Types of Violations
|
Chapter or Section
|
Demerit Points
(per incident)
| |
|---|---|---|---|
|
Refusal to allow police to search premises or refusal to cooperate
with lawful police investigation
|
150
| ||
|
Refusal to allow Fire Department to conduct inspection
|
§ 303-4
|
100
| |
|
Failure to maintain exits in an unobstructed manner
|
§ 303-19
|
50
| |
|
Failure to maintain sufficient fire extinguishers
|
§ 303-2; Ch. SPS 314, Wis. Adm. Code
|
50
| |
|
Unlawful employment of minors
|
§ 220-9B
|
75
| |
|
Sexually oriented business on licensed premises unless permitted
by law
|
§ 220-9H
|
150
| |
|
Owner/employee possessing controlled substances on licensed
premises
|
§ 410-54; Ch. 961, Wis. Stats.
|
150
| |
|
Owner/employee possessing illegal drug paraphernalia on premises
|
§ 410-55; Ch. 961, Wis. Stats.
|
100
| |
|
Unauthorized transfer/use of license
|
§ 220-7; § 125.04(12), Wis. Stats.
|
90
| |
|
Exceeding posted occupancy/capacity
|
Ch. 303; Ch. SPS 314, Wis. Adm. Code
|
50
| |
|
Sale of alcohol to person under age 21 without parent, guardian
or spouse of legal drinking age
|
§ 125.07(1), Wis. Stats.
|
80
| |
|
Person under age 21 on premises without parent, guardian or
spouse of legal drinking age
|
§ 125.07(3), Wis. Stats.
|
80
| |
|
Sale to intoxicated person
|
§ 125.07(2), Wis. Stats.
|
80
| |
|
False statement on application
|
§ 125.04(3) and (5), Wis. Stats.
|
150
| |
|
Failure to maintain order fights/disorderly conduct, Police
Department not notified by bar
|
§ 410-6
|
50
| |
|
Failure to maintain order fights/disorderly conduct, Police
Department notified by bar
|
§ 410-7
|
10
| |
|
Loud and unnecessary noise
|
§ 410-40
|
45
| |
|
Public consumption outside licensed premises
|
§ 220-9F
|
10
| |
|
Open after hours
|
§ 220-10
|
45
| |
|
No licensed bartender on premises
|
§ 220-9E
|
40
| |
|
Fail to properly supervise sales
|
§ 220-9E
|
40
| |
|
Obstruction of front windows/doors
|
§ 220-10E
|
25
| |
|
After hours carry-outs
|
§ 220-10
|
30
| |
|
Failure to frame and display license
|
§ 220-8
|
25
| |
|
Penalty enhancer for severe offenses: enhanced penalty for conduct
which results in bodily harm to any individual; creates a substantial
risk of death or bodily harm; involves the use of a firearm or other
dangerous weapon; or demonstrates an ongoing disregard for the requirements
of state law or municipal ordinances
|
Up to 150 additional points
| ||
|
Health Code
| |||
|
Environmental sanitation violations
|
25
|
(2)
Method of determination. In determining the accumulated points, the
date of the violation is used as the basis for assigning the demerit
points per incident. A conviction for a violation is not necessary
to assign points. That decision is made by the Chief of Police or
his designee based on his analysis of the violation.
(3)
Alcohol licensing point notification. The Police Department shall
notify the Licensing Board and the licensee and the property owner
of any incidents which result in the assessment of demerit points.
The Licensing Board shall have the authority to adjust any points
assessed by the Police Chief, either up or down.
(4)
Point reduction courses. During any demerit point counting period,
a licensee may regain up to 50 demerit points for that period by successfully
completing courses sanctioned for that purpose by the City of Watertown
Police Department. The number of demerit points returned for each
successfully completed course shall also be determined by the Police
Department.
E.
Disciplinary procedures.
(1)
Hearings and recommendations. The Licensing Board is hereby designated
as the duly authorized committee that shall hold hearings as prescribed
in § 125.12, Wis. Stats. As provided by law, after the hearing
the Licensing Board shall submit a report to the Common Council, including
findings of fact, conclusions of law and a recommendation as to what
action, if any, the Common Council should take with respect to the
license. In making its recommendation, the Board shall consider, in
addition to all other factors it deems relevant, the following guidelines.
It is not intended that these guidelines limit the discretion of the
Licensing Board; rather, that they provide guidance in formulating
a recommendation.
(a)
For demerit points totaling 25 to 149 within a rolling twelve-month
period, a recommendation that the licensee be warned of the consequences
of additional violations.
(b)
For demerit points totaling 150 to 199 within a rolling twelve-month
period, a recommendation of a warning or a suspension of the license
for a period of not less than 10 days and up to 90 days.
(c)
For demerit points totaling 200 or more within a rolling twelve-month
period, a suspension of the license for a period of not less than
10 days and up to 90 days, or revocation of the license.
(2)
Transfer/sale of licensed business.
(a)
Upon the transfer or sale of the licensed business, all accumulated
demerit points shall be cancelled unless any of the following apply:
[1]
The new licensee is related to the former owner by blood, adoption
or marriage.
[2]
The new licensee held a business interest in the previous licensed
business, real estate or equipment.
[3]
The former licensee retains an interest in the previous licensed
business, real estate or equipment.
[4]
The new licensee's acquisition of the business did not involve
an arm's length transaction consisting of an open market sale in which
the owner is willing but not obligated to sell and the buyer is willing
but not obligated to buy.
(b)
If any of the above apply, the new licensee shall inherit the
demerit points previously assessed and be subject to the penalties
prescribed by law.
(3)
Scope. Nothing in this section shall be construed to conflict with,
abridge or modify the rights or procedures established for revocation
or suspension of licenses in § 125.12, Wis. Stats.
It shall be deemed a ground for nonrenewal or revocation of
any license issued under this article, in addition to those grounds
specified in § 125.12, Wis. Stats., if any of the following
conditions shall at any time exist:
A.
If the licensee is not routinely conducting the business of the sale
or offering for sale of alcohol beverages on the licensed premises
during the month immediately preceding the close of the license year.
B.
If the licensee has not sold or offered for sale alcohol beverages
on the licensed premises for a minimum of 180 days during the license
year immediately preceding the license year for which application
for a renewal license is made, provided that the licensee has been
licensed for the full license year immediately preceding the license
year for which application for a renewal license is made.
C.
If the licensee loses physical possession or occupation of the licensed
premises through a judgment of foreclosure, seizure under a writ or
execution or attachment to satisfy a judgment of record, assignment
for the benefit of creditors, adjudication of the United States Bankruptcy
Court, termination of a lease or rental agreement, or abandonment
by the licensee.
Any person who shall violate any provision of this article shall be subject to a penalty as provided in § 1-4 of this Code. Each violation and each day a violation continues or occurs shall constitute a separate offense. This action shall not preclude the City from maintaining any appropriate action to prevent or remove a violation of this article.
[Adopted by Ord. No. 98-55 (§ 9.11 of the former City Code)]
As used in this article, the following terms shall have the
following meanings:
- OUTSIDE SALES AREA
- An open area immediately adjacent to and abutting the licensed premises of the applicant's retail Class "B" alcohol beverage license where fermented malt beverages and alcohol beverages are sold, served or consumed.
The Common Council of the City of Watertown hereby finds that
the conduct of concerts or outside sales of alcohol beverages and
consumption on premises licensed to sell alcohol beverages can have
several negative effects upon the community, such as increased generation
of litter or refuse on public streets, decreased supervision of sales
to underage persons, increased noise levels and impact on neighboring
residences or businesses, more intensive police protection and control,
and increased safety issues due to the assembly of large groups of
people, such that outside sales events shall be licensed and controlled
by the City of Watertown as to the number and manner of their operation.
There is created an outside sales event license, which may be
issued only to a person or entity possessing a valid retail Class
"B" alcohol beverage license issued by the City of Watertown.
Application for the outside sales event license shall be made
to the City Clerk/Treasurer on a form prescribed by the City of Watertown
and shall be granted only upon approval of the Common Council. The
application form shall contain the following information:
A.
The name and address of the licensee.
B.
A physical description and map of the outside sales area, showing
abutting walls of the building, entrance(s) to the outside sales area
from the licensed premises, fire exits, fencing and dimensions of
the outside sales area.
C.
Dates and hours of operation of the outside sales event.
D.
Any special activities or service of food which will be conducted
in the outside sales area.
The fee for an outside sales event license shall be as set by
the Common Council and provided under separate fee schedule per event,
and the license, once issued, shall be posted conspicuously in the
outside sales area at all times it shall be in use.
No outside sales event shall be permitted, maintained or operated
except in conformity with the following regulations:
A.
At any part of the outside sales area not blocked by a building,
there shall be maintained or constructed a temporary fence or enclosure
at least four feet in height.
B.
Entry to the outside sales area shall not be through an access point
in the enclosure or fence and shall only be gained from the interior
of the licensed premises.
C.
The outside sales area shall not be greater than the floor space
of the abutting licensed premises.
D.
The outside sales area shall be limited to one person for each 10
square feet, and the maximum capacity shall be separately posted within
the outside sales area.
E.
The outside sales area shall not remain open for the sale, service
or consumption of alcohol beverages between the hours of 9:00 p.m.
and 9:00 a.m.
F.
The noise levels emanating from any outside sales area shall not violate § 410-40 of the Watertown Code of General Ordinances.
G.
No live performance or reproduction of concerts, music, sporting
events, video or television programs, or similar entertainment events
shall be broadcast or displayed on the exterior of the licensed premises
or in the outside sales area, other than between a continuous block
of not more than four hours between 12:00 p.m. (noon) and 8:00 p.m.,
to be requested by the applicant.
