[HISTORY: Adopted by the City Council of the City of Lake
Mills as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-15-2009 by Ord. No. 1054 as Title 3, Ch. 1, of the 2009 Code
of Ordinances]
[Amended 5-5-2020 by Ord. No. 1213]
The provisions of Chapter 125, relating to the sale of intoxicating
liquor and fermented malt beverages, including § 125.51(3)(b),
Wis. Stats., excepting §§ 125.66(3), 125.04(5), 125.09(6),
125.69 and 125.11(1), Wis. Stats., exclusive of any provisions thereof
relating to the penalty to be imposed or the punishment for violation
of said statutes, are hereby adopted and made a part of this chapter
by reference.
A.
Requirement generally. No person shall sell, barter, exchange, offer
for sale, or have in possession with intent to sell, deal or traffic
in any fermented malt beverage or intoxicating liquor, unless licensed
as provided in this section by the City Council of the City, nor without
complying with all the provisions of this chapter and all applicable
regulations of the City and of the State of Wisconsin.
B.
Separate license requirement. A separate license shall be required
for each stand, place, room or enclosure or for each suite of rooms
or enclosures which are in direct connection where intoxicating liquor
or fermented malt beverages are kept, sold or offered for sale; and
no license shall be issued to any person for the purpose of possessing,
selling or offering for sale any intoxicating liquor or fermented
malt beverage in any dwelling house, flat or residential apartment.
C.
Classes of licenses, fees. There shall be the following classes of
licenses which, when the fee specified is paid and the license issued,
shall permit the holder to sell, deal or traffic in intoxicating liquor
or fermented malt beverages as provided in § 125.51 , Wis.
Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Class "A" Fermented Malt Beverage Retailer's License: $100 per
year.
(2)
Retail "Class A" Liquor License: $500 per year.
(3)
Class "B" Fermented Malt Beverage Retailer's Licenses: $100
per year.
(4)
Retail "Class B" Liquor License: $400 per year.
(5)
"Class C" Wine: $100 per year.
(6)
"Class B" Wine Only - Winery License: $100 per year.
[Amended 5-5-2015 by Ord.
No. 1145]
(7)
Reserve "Class B" Combination Liquor License: $10,000 initial issuance
fee/$500 per year renewal fee.
[Amended 11-21-2007 by Ord. No. 1000B]
(8)
Temporary "Class B" Wine License: $10.
(9)
Temporary Class "B" Fermented Malt Beverages: $10.
(10)
Part-time liquor licenses. A retail "Class A" or "Class B" liquor
license may be issued which shall expire on June 30 upon payment of
such proportion of the license fee as the number of months or fraction
of a month remaining to June 30 bears to 12. Such licenses may also
be issued for a period of six months in any calendar year, for which
1/2 of the license fee shall be paid.
(11)
Operator's license, which may be issued by the City Clerk
under §125.17(1), Wis. Stats.: $25 for a two-year license, expiring
June 30 on each odd-numbered year.
[Amended 11-17-2015 by Ord. No. 1156; 5-5-2020 by Ord. No. 1213]
(12)
Provisional Operator's License, which may be issued by
City Clerk under § 125.17(5), Wis. Stats: $10.
[Amended 2-16-2010 by Ord. No. 1058]
(13)
Provisional: Class "A," Class "B," "Class A," "Class B," and "Class C" licenses, which may be issued by City Clerk under § 249-2J: $15 each.
(14)
Manager's license: $25 per year.
(15)
Publication costs: $15 per year.
(16)
Temporary operator's license, which may be issued by City Clerk
under § 125.17(4), Wis. Stats.: $10 per license.
[Added 10-17-2017 by Ord.
No. 1182]
D.
Manager's license, authority. All premises for which a Class
"A" or Class "B" license has been issued shall at all times be operated
and managed by the licensee; provided, however, that a person holding
a manager's license may operate or manage a licensed premises
in the licensee's absence. A person shall be deemed to operate
and manage a licensed premises if that person has the responsibility
or authority for the following:
(1)
Personnel management of all employees, without regard to whether
the person is authorized to sign employment contracts;
(2)
The terms of contracts for the purchase or sale of goods or services,
without regard to whether the person is authorized to sign contracts
for the goods and services; or
(3)
The daily operations of Class "A" or Class "B" premises.
E.
License quotas.
(1)
Retail "Class B" Liquor License: as provided in § 125.51(4),
Wis. Stats.
(2)
"Class A" Liquor licenses shall not be issued at a rate that exceeds
one license for every 1,000 in population or fraction thereof, as
that number is provided periodically by the Wisconsin Department of
Administration.
[Amended 4-19-2011 by Ord. No. 1078A]
(3)
Class "A" Beer licenses shall not be issued at a rate that exceeds
one license for every 700 in population or fraction thereof, as that
number is provided periodically by the Wisconsin Department of Administration.
[Amended 4-19-2011 by Ord. No. 1078A]
(4)
If territory containing premises covered by a "Class A" Liquor License
or Class "A" Beer License is annexed into the City and if the City's
quota would not otherwise allow a Class A license for the premises,
the City's quota is increased to include the license of each
premises in the annexed territory.
[Added 11-17-2015 by Ord.
No. 1156]
F.
Application for license. Applications for intoxicating liquor and
fermented malt beverage licenses shall be in writing on a form prescribed
by § 125.04, Wis. Stats., and shall be sworn to by the applicant
and shall be filed with the Clerk not less than 15 days prior to granting
of such license.
[Amended 12-18-2012 by Ord. No. 1103]
G.
Granting of license. Opportunity shall be given by the City Council
to any person to be heard for or against the granting of any license
except a Temporary Class "B" License, Temporary "Class B" Wine License
and Temporary Class "AB" Fermented Malt Beverages. Each license shall
be numbered in the order in which issued and shall state the premises
for which issued, the date of issuance, the fee paid and the name
of the licensee.
H.
Transfer of licenses. No license shall be transferable either as
to licensee or location.
I.
In accordance with the provisions of Wis. Stats. § 125.26(1),
the City Council authorizes the City Manager to issue, under the following
conditions, either a Temporary Class "B" Fermented Malt Beverage Licenses
under Wis. Stats. § 125.26(6), or Temporary "Class B" Wine
Licenses under Wis. Stats. § 125.51(10), or both:
(1)
The temporary license shall be for a period of time not to exceed
10 consecutive calendar days.
(2)
Applicants shall state on the application form their intent as to
whether or not to allow underage people to be on the premises.
(3)
All applications for a Temporary Class "B" License shall be submitted
at least 15 days prior to the period requested for the license.
(4)
The fee for all temporary Class "B" or "Class B" Licenses shall be
$10, unless both licenses are issued for the same event, in which
case, the fee shall be a total of $10 for both licenses.
(5)
All restrictions and additional information listed on the application
for Temporary Class "B"/"Class B" Retailer's Licenses from the
State of Wisconsin are adopted and incorporated herein by reference.
J.
A provisional retail liquor license may be issued by the City Clerk
only to a person who has applied for a Class "A," Class "B," "Class
A," "Class B," or "Class C" license and authorizes only the activities
that the type of retail license applied for authorizes. Wis. Stats.
§ 125.185 is incorporated herein in its entirety, including
any future amendments thereto.
In addition to the requirements imposed by the Statutes adopted
in § 349-1 of this article, the following restrictions shall
apply to the granting of licenses under this section:
A.
No licenses shall be granted to any person who is not of good moral
character and a citizen of the United States and of Wisconsin and
who has not resided in this state continuously for at least 90 days
prior to the date of filing the application; nor shall any license
be issued to any person who has habitually been a petty law offender,
or has been convicted of a felony unless duly pardoned. The provisions
of this subsection shall not apply to a Wisconsin corporation, but
such provisions shall apply to all officers and directors of any such
corporation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
No Class "A" or "B" license shall be granted to any person under
legal drinking age. Only an operator's license (bartender) can be
issued to a person 18 or older per § 125.04(5)(d)2, Wis.
Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Delinquent taxes, assessments, or other claims owed the City:
(1)
Premises. No initial or renewal of any alcohol beverage license shall
be granted for any premises for which taxes, assessments, or other
claims (including utility bills) are owing to the City and remain
delinquent and unpaid.
(2)
Persons. No initial or renewal of an alcohol or operator's license
shall be granted to any person who owes the City any tax, assessment
or other claim (including utility bills), which indebtedness is delinquent
and unpaid.
(3)
Revocation or suspension of licenses. Notwithstanding anything contained
herein to the contrary, where any alcohol beverage license to be issued
to any premises, or any alcohol or operator's license to be issued
to any person cannot be issued to that premises or person for the
reason that the premises or persons is indebted to the City for taxes,
assessments or other claims, including utility bills, which remain
delinquent and unpaid, the procedures for revocations, suspensions
or refusal to issue or renew as set forth in § 125.12, Wis.
Stats., shall be followed. Where the premises or person possesses
a license that will expire before the conclusion of any hearing to
revoke, suspend or refuse to issue or renew a new license, the City
Clerk shall issue a conditional license that shall be effective only
until such time as the Council has concluded the hearings provided
by § 125.12, Wis. Stats.
D.
No retail Class "B" license shall be issued unless the premises to
be licensed conform to the sanitary, safety and health requirements
of the State Building Code,[1] the State Plumbing Code,[2] and the rules and regulations of the State Department
of Health Services applicable to restaurants and to all ordinances
and regulations adopted by the City.
E.
Each premises for which a Class "B" license is granted must be connected
with City water and sewage facilities, must be properly lighted and
ventilated and supplied with separate toilet and lavatory facilities
equipped with running water for each sex.
F.
No "Class B" liquor license shall be granted to any premises within
300 feet of any school, church, or hospital, nor in any residence
district; subject to the following conditions, definitions, and exceptions:
(1)
A premises shall be deemed to be in a residence district if 2/3 of
all properties within 300 feet of the premises are used exclusively
for residential purposes.
(2)
For the purpose of determining distances under this subsection, the
shortest route shall be measured from the main entrance of the premises
to the main entrance of the school, church, hospital, or residence.
(3)
The prohibition in this subsection does not apply to premises covered
by a license prior to the occupation of real property within 300 feet
thereof by any school, church, or hospital.
(4)
The prohibition in this subsection does not apply to restaurants,
in which the sale of alcoholic beverages accounts for less than 50%
of gross receipts, or to golf clubhouses, provided that a majority
of the electors in a residence district as defined herein sign and
file with the Municipal Clerk written consent for the issuance of
a "Class B" liquor license at a specified location.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
Subsection F shall not apply to a bona fide club, society or lodge in existence not less than six months prior to the date of applications.
H.
Except as otherwise provided for herein, there shall be upon the
premises operated under a "Class A" or "Class B" liquor license issued
by the City at all times the licensee or some other person who shall
have an operator's license issued pursuant to § 125.17,
Wis. Stats. No person, including members of the licensee's immediate
family under the age of 18 years, other than the licensee or agent,
may serve fermented malt beverages in any premises operated under
a Class "A" or Class "B" license or permit unless he has an operator's
license.
I.
Whenever any license shall be revoked, at least six months from the
time of such revocation shall elapse before another license shall
be granted for the same premises, and 12 months shall elapse before
any other license shall be granted to the person whose license was
revoked.
J.
No person other than a licensee or agent may serve fermented malt
beverages in any place operated under a Class "B" temporary license
issued by the City unless he has an operator's license or is
under the immediate supervision of the licensee or agent or person
holding an operator's license who is on the premises at the time
of service.
A.
Posting licenses for licensee. Every person licensed in accordance
with this chapter 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. No
person shall post such license upon premises other than those mentioned
in the application, or knowingly deface or destroy such license. Whenever
a license shall be lost or destroyed without fault on the part of
the holder or his agent or employee, a duplicate license in lieu thereof
under the original application shall be issued by the Clerk on satisfying
himself as to the facts.
B.
Entry of officers; consent. 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 offense.
C.
Health rules. Each premises shall be conducted in a sanitary manner
and shall be a safe and proper place for the purpose for which used.
The City Council of the City is authorized and empowered to make reasonable
and general rules for the sanitation of all places of business possessing
licenses under this chapter. Such rules or regulations may be classified
and made applicable according to the class of business conducted.
All such rules and regulations shall have the same force as this chapter
and infraction thereof may be punished as a violation of this chapter.
D.
Special conditions upon a license may be imposed by a majority vote
of the City Council if those special conditions are not in conflict
with the provisions of Chapter 125, Wisconsin Statutes. These special
conditions shall be as determined by the Council on a case-by-case
basis, given the unique aspects or characteristics of the premises
or other business activities conducted on the premises. These special
conditions may be imposed at the time the license is initially granted
by the Council or upon application for renewal when the principal
use of the premises is modified by the applicant.
E.
In addition to Subsection D above, which allows for special conditions to be placed on a license by the City Council on a case-by-case basis, provided those conditions are not in conflict with Ch. 125, Wis. Stats., the following conditions shall apply to all Class "A" fermented malt beverage licenses:
(1)
No sales of beer may occur between the hours of 12:00 Midnight to
6:00 a.m.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
All sales of beer shall take place in premises for which provisions have been designed, reviewed and approved by the Council, under Subsection D above, which minimize the ability of underage persons to handle, sell or purchase beer, unless those underage persons have an operator's license and are employed by the are on duty at the licensed premises, and unless those persons so licensed are acting within the scope of their licenses.
(3)
Underage persons who enter or are on a Class "A" licensed premises
for the purpose of purchasing items other than alcoholic beverages,
may not remain on the premises after making said nonalcoholic purchase,
and may not loiter upon the premises.
(4)
The City Council has the right not to grant a Class "A" license at
any time that it receives an initial application for any individual
premises and on any reasonable grounds.
F.
In addition to Subsection D above, which allows for special conditions to be placed on a license by the City Council on a case-by-case basis, provided those conditions are not in conflict with Ch. 125, Wis. Stats., the following conditions shall apply to all "Class A" retail liquor licenses:
(1)
No sales of intoxicating liquor may occur between the hours of 9:00
p.m. and 6:00 a.m.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
All sales of intoxicating liquor shall take place in premises for which provisions have been designed, reviewed and approved by the Council, under Subsection D above, which minimize the ability of underage persons to handle, sell or purchase intoxicating liquor, unless those underage persons have an operator's license and are employed by and are on duty at the licensed premises, and unless those persons so licensed are acting within the scope of their licenses.
(3)
Underage persons who enter or are on a "Class A" licensed premises
for the purpose of purchasing items other than alcoholic beverages,
may not remain on the premises after making said nonalcoholic purchase,
and may not loiter upon the premises.
(4)
The City Council has the right not to grant a "Class A" license at
any time that it receives an initial application for any individual
premises and on any reasonable grounds.
A.
Employment of minors. No Class "B" retail liquor licensee shall employ
any person under 21 years of age, 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Sales to intoxicated persons. No fermented malt beverage or intoxicating
liquor shall be sold to any person who is intoxicated.
C.
Credit sales. No retail Class "A" or "B" licensee shall sell or offer
to sell any intoxicating liquor or fermented malt beverage to any
person on credit excepting credit extended by a hotel to a resident
guest or a club to a bona fide member, and by grocers and druggists
who maintain a credit system in connection with other purchases as
well. No licensee shall sell intoxicating liquor or fermented malt
beverages to any person on a passbook or store order, or receive from
any person any goods, wares, merchandise or other articles in exchange
for intoxicating liquor or fermented malt beverages.
D.
Disorderly conduct. 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.
E.
Gambling. No gambling or game of chance of any sort shall be permitted
in any form upon the licensed premises. Dice, slot machines, or any
device of chance are prohibited and shall not be upon the premises.
F.
Illegal beverages. No beverages of an alcoholic content prohibited
by the laws of the United States shall be sold, bartered, exchanged,
offered or exposed for sale, or kept in or about the premises.
G.
Dancing. No dancing of any kind shall be permitted upon the premises
except by patrons.
H.
Treating. There shall be no treating by the licensee at any time.
I.
Club sales. No club, society or lodge shall sell intoxicating liquor
except to members and guests invited by members.
J.
Sale by drink. All retail sales of intoxicating liquor or fermented
malt beverage to be consumed on the premises shall be by the individual
drink or pitcher, and the patron shall be charged by the individual
drink or pitcher for all such sales. The sale of any intoxicating
liquor or fermented malt beverage for consumption on the premises
which would permit the patron to consume an unspecified quantity of
intoxicating liquor or fermented malt beverage for a specified price
is prohibited.
A.
Liquor premises. The closing hours for all premises licensed under
a "Class B" liquor license or permit shall be as permitted in § 125.68(4),
Wis. Stats.
B.
Beer-only premises. The closing hours for all premises licensed under
a Class "B" fermented malt beverage license or permit shall be as
permitted in § 125.32(3), Wis. Stats.
A.
Liquor licenses. As provided in §§ 125.12(2)(b) and
(c), 125.12(4) and 125.13, Wis. Stats.
B.
License fee not to be refunded. Whenever any license shall be revoked,
no refund of any unearned portion of the fee paid shall be made, and
at least one year from the time of such revocation shall elapse before
another license shall be granted for the same premises.
[Amended 12-18-2012 by Ord. No. 1103]
A.
Restrictions relating to underage persons. No person may procure
for, sell, dispense or give away any fermented malt beverages to any
underage person not accompanied by his or her parent, guardian or
spouse who has attained the legal drinking age, or procure for, sell,
dispense or give away any intoxicating liquor to any underage person.
Any person who commits a violation shall be subject to a forfeiture
of not more than $500 if the person has not committed a previous violation
within 12 months of the violation, or not less than $200 nor more
than $500 if the person has committed a previous violation within
12 months of the violation.
B.
Underage persons. No underage person shall:
(1)
Procure or attempt to procure alcohol beverages;
(2)
Knowingly possess or consume intoxicating liquor;
(3)
Enter or remain in any licensed premises except when accompanied
by his or her parent, guardian or spouse who has attained the legal
drinking age; or
(4)
Falsely represent his or her age for the purpose of receiving alcoholic
beverage from a licensee or permittee. Any underage person who violates
this section shall be subject to the penalty provisions set forth
in § 125.07(4)(bs), Wis. Stats.
A.
Requirement generally. It shall be unlawful for any underage person
not accompanied by his or her parent, guardian or lawful adult spouse
to enter or be on any premises for which a license or permit for the
retail sale of alcoholic beverages has been issued, for any purpose
except the transaction of business pertaining to the licensed premises
with or for the licensee or his or her employee. The business may
not be amusement or the purchase, receiving or consumption of edibles
or beverages or similar activities that normally constitute activities
of a customer of the premises. This prohibition does not apply to:
(1)
Any underage person who is a resident, employee, lodger, or boarder
of the premises controlled by the proprietor, licensee or permittee
which licensed premises consists or is a part.
(2)
Any underage person who enters or is on a Class "A" retail intoxicating
liquor license premises for the purpose of purchasing edibles for
beverages other than alcoholic beverages. Any underage person so entering
the premises may not remain on the premises after the purchase.
(3)
Hotels, drugstores, grocery stores, bowling alleys, regularly established
athletic fields, stadiums or public facilities as defined in § 125.51(5)(b)1.d,
Wis. Stats., which are owned by a county or municipality.
(4)
Golf clubhouses.
(5)
Premises operated under both a "Class B" and Class "B" license or
permit and a restaurant permit where the principal business conducted
is that of a restaurant. If the premises are operated under both a
"Class B" and Class "B" license or permit and a restaurant permit,
the principal business conducted is presumed to be the sale of alcoholic
beverages, but the presumption may be rebutted by competent evidence.
B.
Penalty.
(1)
Any licensee or permittee who directly or indirectly permits any
underage person to enter or be on a licensed premises in violation
of this section is subject to a forfeiture of not less than $200 and
not more than $500 for each such violation.
(2)
Any underage person who enters or is on a premises licensed for the sale of alcoholic beverages in violation of Subsection A of this section shall be subject to a forfeiture of not more than $25, except the disposition in proceedings against a person who is under 18 years of age on the date of disposition shall be as provided by § 938.344, Wis. Stats.
A.
The City Council of the City of Lake Mills finds that the initial
issuance fee of $10,000 for reserve "Class B" liquor licenses, which
has been mandated by laws of the State of Wisconsin, exceeds the actual
cost of licensing the activity, and the fee thereby generates additional
revenue for the City. The Council also finds that it is in the interest
of the public welfare to use this additional revenue to:
(1)
Provide
economic incentives for new businesses with "Class B" liquor licenses
to locate in the downtown area;
(2)
Encourage
licensees to improve the interior or exterior of licensed premises
that reuse or redevelop existing structures in the downtown area;
(3)
Attract
tourists to the City; and
(4)
Generally
enhance the economic and cultural climate by redeveloping existing
structures in the downtown of the City.
B.
Within one year after any reserve "Class B" combination liquor license
is granted for which the initial issuance fee of $10,000 has been
paid to the City Clerk, the licensee may file an application with
the Clerk for an economic development grant of up to $9,500.
[Amended 12-18-2012 by Ord. No. 1103]
C.
The applicant that meets the initial grant criteria under Subsection B shall state in its grant application how it has met the eligibility criteria for an economic development grant by stating which of the following applies to its establishment:
(1)
Location in the downtown area of the City, with the downtown area
meaning a property that fronts on Commons Park or that is located
within one block of Commons Park.
(2)
The applicant has improved the exterior of the structure since applying
for the license. Photographs that show the exterior before and after
the improvements should be included with the grant application.
(3)
The applicant has improved the interior of the structure since applying
for the license. Photographs that show the interior before and after
the improvements should be included with the grant application.
D.
The Clerk shall verify the accuracy of the information with respect to the criteria listed in Subsections B and C, and shall determine the amount of the grant for which the applicant may be eligible by determining which of the following conditions have been met by the applicant:
[Amended 12-18-2012 by Ord. No. 1103]
(1)
Locating in the downtown area shall be valued at $4,000 under the
grant.
(2)
Improving the exterior of the structure shall be valued at $2,500
under the grant, provided the actual value of the improvements completed,
excluding signage, is equal to or greater than $2,500.
(3)
Improving the interior of the structure shall be valued at $3,000
under the grant, provided the actual value of such improvements is
equal to or greater than $3,000.
E.
The Clerk shall determine whether the licensee is operating in compliance with the approved license. The Clerk may require the recommendation of the Building Inspector, Police Chief, and Fire Inspector in making such determination. If the Clerk determines that the licensee is so operating, the Clerk shall authorize the approval of the economic development grant in accordance with Subsections B, C and D and in an amount not to exceed a maximum of $9,500.
[Amended 12-18-2012 by Ord. No. 1103]
F.
If the Clerk determines that the applicant is not in compliance with the approved license, or the applicant has not met the eligibility criteria under Subsection B or C, no economic development grant may be authorized and the Clerk shall provide the applicant with written notice of such determination of noncompliance.
[Amended 12-18-2012 by Ord. No. 1103]
G.
If the applicant disagrees with the Clerk's determination of
noncompliance or ineligibility, the applicant may file a written notice
of appeal within 10 business days with the Clerk, who shall relay
the notice of appeal to the City Council which shall hold a hearing
at which the Council may affirm or reverse the Clerk's determination.
[Amended 12-18-2012 by Ord. No. 1103]
H.
If the Clerk's determination is upheld by the Council, appeal
may be made to circuit court pursuant to Wis. Stats. § 753.04.
If the Clerk's determination is reversed by the Council, the
Clerk shall authorize the payment of the economic development grant.
[Amended 12-18-2012 by Ord. No. 1103]
I.
If the applicant for a grant under this section has already received a grant for any of the purposes listed in Subsection D, that applicant may not receive any future grant money for the same purpose for which the money has already been granted. If either the interior or the exterior of the structure at which the licensed premises is located is improved after receiving the reserve license, but a grant has already been awarded for locating the business downtown, the applicant may still apply for grant money for the improvements made, provided the application is received within one year of the issuance of the reserve liquor license.
[Adopted 7-18-2006 by Ord. No. 985 (Sec. 5-1-6 of the 2009 Code of Ordinances)]
No person may have in his or her possession any open can, bottle, or other container containing malt beverages or intoxicating liquor, or may consume alcoholic beverages on any public way, public street, public park, sidewalk, boulevard, parkway, safety zone, alley or public parking lot or on or in any motor vehicle parked on a public way, public park, public street, alley or public parking lot. There shall be an exception for Tyranena Park and Sandy Beach Park, where possession and consumption of malt beverages or intoxicating liquors by persons who are not underage shall be permitted. The City Council may grant temporary exemptions for this section for such time and at such places as they may specifically designate. The Council may, through issuance of a sidewalk cafe license, permit the serving and consumption of fermented malt and other alcoholic beverages on the portion of the public sidewalk that is licensed for sidewalk cafe purposes, but such service and consumption must be in strict compliance with the conditions of the license and the requirements of Chapter 548, Sidewalk Cafes, of this Code.
