City of Muskego, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Muskego 7-3-1991 by Ord. No. 718 (§ 12.01 of the 1964 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 263.
The current and future provisions of Ch. 125, Wis. Stats., defining and regulating the types, sale, procurement, dispensing, and transfer of alcohol beverages, excluding provisions relating to the penalty to be imposed or the punishment for violation of such statutes, are adopted and made part of this chapter by reference. A violation of any such provision shall constitute a violation of this chapter. Any future amendments, revisions, modifications or additions of the statutes incorporated herein are intended to be made part of this chapter in order to secure uniform statewide regulation of alcohol beverages in this state.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Throughout this chapter, "alcoholic beverage" was amended to "alcohol beverage"; "governing body" was amended to "Common Council"; and "Clerk" and "Municipal Clerk" were amended to "Clerk-Treasurer" at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Occupancy permit required. No person on any licensed premises, as defined in this chapter, shall conduct any transactions regulated by this chapter unless a licensee holds a valid occupancy permit, as may be required, issued by the municipality. The occupancy permit shall be specific in detail as to what area of the premises shall be licensed for the sale of alcohol beverages. Any violation is grounds for suspension or revocation of any license or permit issued under this chapter.
B. 
Seller's permit required. No person on any licensed premises, as defined in this chapter, shall conduct any transactions regulated under this section unless a licensee holds and maintains a valid seller's permit as required under § 77.52, Wis. Stats., issued to the premises and licensee described in the license during the period of licensing. Any violation is grounds for suspension or revocation of any license or permit issued under this chapter.
[Amended 9-20-2007 by Ord. No. 1263[1]]
A written application for any license or permit required by the provisions of this chapter shall be on the form(s) provided by the City Clerk-Treasurer.
A. 
Content. All applications other than operator's licenses shall contain all the information required under § 125.04(3), Wis. Stats., and any other information required by the City Clerk-Treasurer. Operator's license applications shall be on a form prescribed by the State of Wisconsin Department of Revenue.
B. 
Filing. All applications for licenses and permits to sell alcohol beverages shall be filed with the Clerk-Treasurer. Applications for operator's licenses and licenses issued under § 125.26(6), Wis. Stats., for a picnic or other gathering lasting less than four days must be filed with the Clerk-Treasurer at least 24 hours prior to the proposed date for which the license is requested.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Licenses and permits may be issued by the Clerk-Treasurer under the authority of the Common Council after payment of the appropriate fees, which when so issued shall permit the holder to sell, deal or traffic in alcohol beverages as provided in Ch. 125, Wis. Stats.
B. 
Fees for the above-noted licenses and permits shall be in such amount as may be established by the Common Council from time to time by separate resolution.
C. 
Any applicable publication fee and/or application fee and/or investigation fee shall be submitted with the license or permit application as may be established by the Common Council from time to time by separate resolution.
D. 
The fees for licenses or permits which are not granted shall be refunded after deducting the application fee and all actual publication fees and investigation fees.
E. 
Fees for partial licensing years may be prorated at the discretion of the Common Council, except when state law requires prorated fees. In all cases when in its discretion the Common Council issues an alcohol beverage license for a partial year, a minimum fee of $25 and all actual publication fees and investigation fees must be paid.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Once any license or permit is issued, no return of any payment shall be made regardless of whether the license or permit is used for the entire year.
[Amended 8-5-1993 by Ord. No. 807; 9-20-2007 by Ord. No. 1263]
Upon receipt of a license application under the provisions of this chapter, the City Clerk-Treasurer shall forward a copy of the application to the appropriate persons to conduct an investigation of the applicant(s) as set forth below.
A. 
All alcohol beverage licenses. The Police Department, Fire Department, Health Department, and Building Inspector and other persons authorized may conduct an investigation and inspection of the premises mentioned in the application, to determine if the premises complies with all applicable regulations, ordinances and laws. The Police Department shall perform a driver's history and criminal record check for all persons included in the application, both new and renewal.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Review. The Common Council may refer any and all licenses to the appropriate committee for review and recommendation prior to action by the Common Council.
[Added 12-7-1995 by Ord. No. 878]
A. 
The City Clerk-Treasurer may issue a provisional retail license to any person who has applied for a Class "A" retail fermented malt beverage license, a Class "B" retail fermented malt beverage license, a "Class A" retail liquor license, or a "Class B" retail liquor license and whose license application has been approved by the Common Council except for the failure of the applicant to have completed a responsible beverage server course as required under § 125.04(5)(a)5, Wis. Stats. The provisional retail license shall authorize only those activities authorized by the type of retail license applied for and shall only be issued to an applicant who is in the course of completing a responsible beverage server course as required under § 125.04(5)(a)5, Wis. Stats.
B. 
A provisional retail license shall expire 60 days after the issuance of the provisional retail license or upon the issuance of the Class "A" retail fermented malt beverage license, Class "B" retail fermented malt beverage license, "Class A" retail liquor license, or "Class B" retail liquor license to the holder, whichever is sooner.
C. 
The City Clerk-Treasurer may revoke the provisional retail license if he or she discovers that the holder of the license made a false statement on the application.
D. 
The fee for a provisional retail license shall be in such amount as may be established by the Common Council from time to time by separate resolution.
E. 
No person may hold more than one provisional retail license for each type of license applied for by the holder per year.
F. 
No person shall apply for or obtain a provisional retail license for purposes of circumventing the license requirements of this chapter. A provisional retail license shall only be issued to a person who has satisfied all provisions of this chapter and whose application for a regular retail malt beverage or liquor license has been approved by the Common Council but who cannot obtain such license because of failure to complete the responsible beverage server course as required under § 125.04(5)(a)5, Wis. Stats.
[Amended 9-20-2007 by Ord. No. 1263]
A. 
Authority to issue regular operator's licenses. Regular operator's licenses may be granted by the Common Council to individuals upon recommendation from the Finance Committee for the purposes of complying with §§ 125.32(2) and 125.68(2), Wis. Stats., and this chapter.
B. 
Qualifications. Any individual applying for an operator's license must meet the following qualifications:
(1) 
The individual must be 18 years of age by the time of issuance.
(2) 
The individual must have successfully completed a responsible beverage server training course approved by the Wisconsin Department of Revenue. Individuals are exempted from the training course requirements if they are renewing an existing operator's license, have successfully completed the responsible beverage server training course within the last two years, or have held a retail license or manager's or operator's license anywhere in Wisconsin within the last two years [§ 125.17(6), Wis. Stats.].
(3) 
Complete an application provided by the City Clerk-Treasurer and pay the proper fee.
(4) 
The individual must not habitually have been a law offender or convicted of a felony unless the person has been duly pardoned, subject to requirements of Wisconsin Fair Employment Law, Ch. 111 (more specifically, §§ 111.321, 111.322 and 111.335), Wis. Stats., and also § 125.04(5), Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Investigation.
(1) 
The Chief of Police or his/her designee shall conduct a records search of all applicants, new or renewal. The Finance Committee shall not formulate any recommendation until the records search is completed and returned to the City Clerk-Treasurer.
(2) 
The Chief of Police or his/her designee shall furnish the results of the driver's history and criminal records check to the Finance Committee.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Any incomplete, misleading or falsified statement in an application, if the incomplete, misleading or falsified statement pertains to either the identification of the applicant or to any matter occurring within five years prior to the date of application, may be grounds for denial.
D. 
Granting of regular operator's licenses.
(1) 
The City Clerk-Treasurer will submit a list of regular operator's licenses for consideration at each regular Finance Committee meeting for recommendation to the Common Council.
(2) 
If the investigation report includes any matters listed in Subsection C or if the City Clerk-Treasurer deems that an appearance by the applicant before the Finance Committee is warranted, the applicant shall be notified in writing that he/she has the right to appear in person before the Finance Committee or respond in writing to the Finance Committee when the Finance Committee considers the application. The notification shall include the date and time of the Finance Committee meeting when the application will be considered. The Finance Committee shall, after meeting with the applicant or reviewing the written response from the applicant, make a recommendation to the Common Council. A recommendation to deny a regular operator's license shall include a statement as to the reason(s) for the denial.
(3) 
The Finance Committee will decide if a three-, six-, nine- and/or twelve-month review is warranted for applicants in violation of Subsection C(2) or (3).
E. 
Revocation or suspension of license. Revocation or suspension of regular operator's licenses granted pursuant to this chapter shall be governed as follows:
(1) 
The Finance Committee may recommend revocation or suspension of any existing regular operator's license to the Common Council following the procedure as set forth in § 125.12, Wis. Stats.
(2) 
Automatic revocation. Any regular operator's license issued under this chapter may be revoked without further proceedings upon the conviction of the license holder, pursuant to § 125.11(2), Wis. Stats.
[Added 9-20-2007 by Ord. No. 1263; amended 9-23-2010 by Ord. No. 1330; 6-26-2018 by Ord. No. 1418]
A. 
Authority to issue provisional operator's licenses. The City Clerk-Treasurer shall have the authority to issue a provisional operator's license to individuals who have applied for a regular operator's license pursuant to § 125.17(5), Wis. Stats.
B. 
Issuance of provisional operator's licenses. All requirements pertaining to issuance and eligibility for a regular operator's license shall apply to a provisional operator's license. However, evidence that the applicant has either completed or is enrolled in the training course required by § 125.17(6), Wis. Stats., must be submitted at the time of application.
C. 
Qualifications. No provisional license shall be issued to any individual who:
(1) 
Has been denied an operator's license by the Common Council.
(2) 
Has had his/her operator's license revoked or suspended within the preceding 12 months.
D. 
Revocation. The City Clerk-Treasurer may revoke a provisional license if it is discovered that the holder of the license made a false statement on his/her application. Notice to the holder of the license shall be mailed and a copy supplied to the Police Department.
[Added 9-20-2007 by Ord. No. 1263; amended 6-26-2018 by Ord. No. 1418; 9-24-2019 by Ord. No. 1433]
A. 
Authority to issue temporary operator's licenses. Temporary operator's licenses may be granted to individuals by the Common Council pursuant to § 125.17(4), Wis. Stats., upon recommendation by the Finance Committee for the purpose of allowing said individuals to dispense and serve alcohol beverages under a license issued under § 125.26(6) or 125.51(10), Wis. Stats. No person may hold more than two licenses of this kind per year.
B. 
Granting of temporary operator's licenses. All requirements pertaining to qualifications, investigation and granting of a regular operator's license shall apply to a temporary operator's license.
C. 
The City Clerk-Treasurer or designee is authorized to issue temporary Class "B" (picnic) beer licenses and temporary "Class B" (picnic) wine licenses pursuant to § 125.26(1) and 125.51(1)(a), Wis. Stats. The licenses may be issued only to bona fide clubs and chambers of commerce, 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. The fee for such license shall be established by the governing body, but may not exceed $10.
[Added 9-20-2007 by Ord. No. 1263]
A. 
The fee for regular, provisional, and temporary operator's licenses shall be set by a resolution approved by the Common Council.
B. 
Regular operator's licenses issued under this chapter shall expire biennially on June 30 of each year.
C. 
A provisional operator's license issued under this chapter shall expire 60 days after its issuance or when a regular operator's license is issued to the holder, whichever is earlier. Provisional operator's licenses shall not be renewed.
D. 
Temporary operator's licenses issued under this chapter shall be valid for any period from one day to 14 days, and the period for which it is valid shall be stated on the license.
[Amended 6-26-2018 by Ord. No. 1418]
A. 
Statutory requirements. Licenses and permits shall be issued only to those persons eligible under Ch. 125, Wis. Stats. Licenses and permits granted in error shall be void.
B. 
Health and sanitation requirements. No retail "Class A" or Class "A" or "Class B" or Class "B" alcohol beverage license shall be issued for any premises which has not been approved by the Waukesha County Health Department.
[Amended 4-22-1993 by Ord. No. 790[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Delinquent taxes, assessments, claims, et al.
(1) 
No initial or renewal alcohol beverage license shall be issued for any premises or property for which taxes, assessments, forfeitures, or claims of the municipality are delinquent and unpaid.
(2) 
No initial or renewal license or permit shall be issued under this chapter to any person:[2]
(a) 
Who is delinquent in the payment of any taxes, assessment, or other claims owed the municipality.
(b) 
Who is delinquent in the payment of a forfeiture resulting from the violation of any ordinance of the municipality.
(c) 
Who has any outstanding warrant or capias from any other municipal, state or federal court.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
License quota.
[Amended 1-21-1999 by Ord. No. 976; 4-6-2000 by Ord. No. 1022]
(1) 
Class "A" fermented malt beverage licenses. None.
[Amended 10-23-2003 by Ord. No. 1149]
(2) 
"Class A" retail liquor licenses. None.
[Amended 10-23-2003 by Ord. No. 1149]
(3) 
Class "B" retail fermented malt beverage licenses. No more than 43 Class "B" fermented malt beverage licenses shall be issued within any license year.
(4) 
"Class B" retail liquor licenses. The quota is based on the number of "Class B" retail liquor licenses granted or issued in good faith and in force on December 1, 1997, in accordance with § 125.51(4)(b)1g, Wis. Stats., plus the number of reserve "Class B" retail liquor licenses determined in accordance with § 125.51(4)(br), Wis. Stats. The number of reserve "Class B" retail liquor licenses increases in accordance with § 125.51(4)(br)2, Wis. Stats. The quota is not reduced because all available "Class B" licenses are not issued for one or more licensing years.
(5) 
"Class C" wine licenses. "Class C" wine licenses shall be issued on the basis of the most recent estimated population received by the City as determined by the Wisconsin Department of Administration population estimates forwarded annually to the City of Muskego. Licenses shall be available for issue based on one license per 2,100 population or fraction thereof over 2,100 within any license year, except that no person licensed under a "Class C" wine license shall be deprived of such license merely because of the quota.
A. 
Consent to inspection. Every applicant obtaining a license thereby consents to the entry of the police or other authorized representatives of the municipality or the state at any reasonable time for the purpose of inspection and search, and consents to the removal from said premises of all things found in violation of municipal ordinances or state law and consents to the introduction of such things as evidence in any prosecution that may be brought for such offenses.
B. 
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 being used.
C. 
Sales on credit prohibited. No retail licensee shall sell or offer to sell any alcohol beverage to any person on credit, except by a hotel to a resident guest, by a restaurant to a patron, a club to a bona fide member, and by grocers and pharmacists who maintain a credit system in connection with other purchases. No licensee shall sell alcohol beverages on a passbook or store order, or receive goods, wares, or merchandise in exchange for alcohol beverages.
D. 
Orderly conduct required. Every licensed premises shall be conducted in an orderly manner, and no disorderly, riotous or indecent conduct shall be allowed.
E. 
Gambling prohibited. Gambling shall not be permitted on a licensed premises, unless authorized by state law. Slot machines or other devices of chance are prohibited and shall not be kept on the premises, unless authorized by state law.[1]
[1]
Editor's Note: Original § 12.01(8)(f), which immediately followed this subsection, was repealed 3-9-2000 by Ord. No. 1018.
F. 
Sale to intoxicated persons prohibited. No licensee, agent, operator or server shall sell, give, procure or otherwise furnish any alcohol beverages to an intoxicated person.
G. 
Underage persons. No licensee shall employ any underage person to serve, sell, dispense, or give away an alcohol beverage unless authorized by state law or the general codes of the municipality. The current and future provisions of § 125.10(2) and §§ 125.07(4)(a), (b) or (bm), 125.085(3)(b) and 125.09(2), Wis. Stats., are adopted and made a part of this section by reference. A violation of any such provision shall constitute a violation of this section. Any future amendments, revisions, modifications or additions of the statutes incorporated herein are intended to be made part of this chapter in order to secure uniform statewide regulation of alcohol beverages in this state.
H. 
Controlled substance use prohibited. The conviction of any licensee, partner, agent, authorized representative or employee of the use, possession, delivery or intent to deliver any controlled substance defined and regulated under Ch. 961, Wis. Stats., may be considered grounds for the revocation or suspension of any license provided for in this chapter.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Transfer of licenses.
(1) 
The transfer of every alcohol beverage license shall be governed by § 125.04(12), Wis. Stats.
(2) 
No transfer of an operator's license is permitted.
(3) 
If the transfer is approved by the Common Council pursuant to § 125.04(12)(b)4, Wis. Stats., all conditions set forth under this chapter shall be complied with.
(4) 
Failure to conform to the terms of license transfer shall be grounds for denial, suspension or revocation of license.
B. 
Nonrenewal of licenses. Before renewal of any license or permit issued under this chapter is refused, the licensee or permittee shall be given written notice of any charges or violations or reasons proposed for nonrenewal and shall have an opportunity to be heard before the Common Council, pursuant to the nonrenewal procedures of § 125.12, Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Violations by agents and employees. A violation of this chapter by an authorized agent or employee of the licensee shall constitute a violation by the licensee.
D. 
Closing hours. Closing hours shall be as set by state statute.
[Amended 2-2-2012 by Ord. No. 1350]
E. 
Local option. A retail "Class B" license 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, and to be consumed off the premises where sold. Off-premises sales shall cease at 12:00 midnight of each day.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 9-20-2007 by Ord. No. 1263]
A. 
Whenever the holder of any alcohol beverage license under this chapter violates any portion of this chapter, proceedings for the revocation or suspension of the license may be instituted in the manner and under the provisions established under § 125.12, Wis. Stats. In addition, the Common Council, by its own motion by adoption of a resolution, may begin proceedings for the revocation or suspension of such license.
B. 
Whenever the Common Council or the Clerk-Treasurer, as agent thereof, is made aware of an incompatibility in the operation of a licensed premises in relation to its surrounding or nearby environment, or a licensed premises is in violation of any condition established or required at the issuance of the license or of this chapter, proceedings for the purpose of revoking, establishing new conditions, or continuing the license under previous conditions will be initiated under the same procedures as provided in Subsection A.
C. 
Automatic revocation. Any license or permit issued under this chapter may be revoked without further proceedings upon the conviction of the licensee, agent, employee or representative thereof, pursuant to § 125.11(2), Wis. Stats.
[Added 3-23-1995 by Ord. No. 862]
In addition to requirements of all other rules, laws and regulations of the State of Wisconsin and this municipality, licenses are subject to the following requirements:
A. 
Any license granted or issued pursuant to the general ordinances for this municipality shall be subject to further regulation or restriction as may be imposed by the Common Council of the municipality, by amendment to this chapter or by the enactment of a new ordinance.
B. 
Further, the Common Council of the municipality or any committee, if authorized by the Common Council, is specifically authorized to impose reasonable conditions upon any alcohol beverage license granted or issued.
C. 
If any licensee shall fail or neglect to meet the requirements imposed by such restrictions and regulations or the conditions imposed by the municipality, or any committee, if authorized by the Common Council, his or her license may be revoked, not renewed, suspended or canceled in accordance with this section.
D. 
In the case of revocation, nonrenewal, suspension or cancellation of any license for any violation of any provision of this chapter or violation of any condition imposed by the Common Council of the municipality or any committee, if authorized by the Common Council, or by the court or for any reasonable cause, no refund shall be made of any part of the license fee.
E. 
The following situations may be grounds for cancellation, suspension, revocation or nonrenewal of licenses in accordance with the provisions of this section and the laws of the State of Wisconsin:
(1) 
A license is not used within 365 days of the original issuance to an applicant, unless otherwise provided under special conditions on said license;
(2) 
When, at the request of the owner of the licensed premises, any licensee's usage of said premises is discontinued for 60 days or the remainder of a license period, whichever is less; or
(3) 
Any licensed premises, for a period of 120 days, is being used for a purpose other than for the purpose of serving alcohol beverages, unless otherwise approved through special conditions.
Any person, firm, or corporation or the employee or agent of any licensee under this chapter who shall violate any provisions of this chapter or Ch. 125, Wis. Stats., shall be subject to a penalty as provided in § 1-4 of this Code.