[HISTORY: Adopted by the City Council of the City of South
Milwaukee. Amendments noted where applicable.]
A.
Pursuant to and subject to the provisions of Ch. 125, Wis. Stats.,
regulating alcohol beverages and the following provisions of this
ordinance, the Common Council may issue Alcohol Beverage Licenses
to those they deem fit upon proper application and payment of the
appropriate fees to the City Treasurer.
[Added 3-1-1983 by Ord.
No. 1232; amended 6-3-1986 by Ord. No. 1327]
B.
Violations of any provision of this ordinance shall be punished according
to the penalties established in Ch. 125, Wis. Stats.
[Added 3-1-1983 by Ord.
No. 1232; amended 6-3-1986 by Ord. No. 1327]
C.
Applications for Operator's Licenses shall be referred to the
Police Department for investigation and return of a written report
and recommendation. The City Clerk shall notify the Chief of Police,
Building, Electrical, Plumbing, Health, and Fire Inspectors of each
Class A and Class B Fermented Malt Beverage and/or Liquor License
application, and these officials shall inspect, or cause to be inspected,
each application and the premises together with such other investigation
as shall be necessary to determine whether the applicant and the premises
sought to be licensed comply with the regulations, ordinances and
laws applicable thereto, including those governing sanitation in restaurants,
and whether the applicant is a proper recipient of a license. These
officials shall each furnish to the Common Council, in writing, the
information derived from such investigation, accompanied by a recommendation
as to whether a license shall be granted or refused. No license shall
be renewed without a reinspection of the premises and report as originally
required.
[Added 3-1-1983 by Ord.
No. 1232; amended 6-3-1986 by Ord. No. 1327]
D.
Issuance of license.
(1)
The City Clerk is authorized to issue operator's licenses when
the following conditions are met.
(a)
The application is complete and the report of the police department
reveals no convictions for offenses which would preclude the applicant
from being issued a license, or evidence that the applicant has previously
been denied a license or has had a license revoked in any municipality
in the State of Wisconsin; and
(b)
The applicant has completed all the requirements applicable
under Ch. 125, Wis. Stats., and the City of South Milwaukee Ordinances;
and
(c)
The City Clerk has posted a list of applicants in City Hall
at least two weeks prior to issuing the license; and
(d)
The applicant is not a corporation; and
(e)
No City Official or resident has requested the Legislation &
Permits Committee review the application.
(2)
Where any one of these conditions is not met or where a request for
a review by the Legislations & Permits Committee is received by
the City Clerk, the application shall be referred to the Legislation
& Permits Committee and the Committee is hereby authorized to
determine whether or not the license shall be issued or reissued or
denied. The Legislation & Permits Committee shall file a written
report of its decision with the City Clerk at the conclusion of its
review.
[Amended 2-6-2007 by Ord.
No. 1932]
E.
Fees for licenses shall be those set by state law and by resolution
of the Common Council. Reserve Class B Liquor License fees shall be
the minimum allowed by State laws and regulations. Annual fees shall
be prorated for less than one year as required by Ch. 125, Wis. Stats.
[Added 3-1-1983 by Ord.
No. 1232; amended 6-3-1986 by Ord. No. 1327; 4-21-1998 by Ord. No. 1705; 4-20-1999 by Ord. No. 1734]
F.
All licenses shall expire on June 30th following issuance.
[Added 3-1-1983 by Ord.
No. 1232; amended 6-3-1986 by Ord. No. 1327]
G.
The number of Retail Class A Liquor Licenses granted shall be limited to 12. Such licenses shall be issued only for premises located in a zoning district wherein such use is permitted under Chapter 15 of the Municipal Code of the City of South Milwaukee.
[Added 3-1-1983 by Ord.
No. 1232; amended 6-3-1986 by Ord. No. 1327; 5-3-2011 by Ord. No. 2022]
H.
Conditions of license. All Retail Class A and Class B Licenses granted
hereunder shall be granted subject to the following conditions and
all other conditions of this section and subject to all other ordinances
and regulations of the City applicable thereto:
[Amended 3-1-1983 by Ord.
No. 1232; 6-3-1986 by Ord. No. 1327; 3-21-2006 by Ord. No. 1906]
(1)
Every applicant procuring a license thereby consents to the entry
of police and health officers upon the premises at all reasonable
hours for the purpose of inspection and search of the entire premises,
and consents to the removal from said premises of all things and articles
there had, used or operated 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,
and shall cooperate with law enforcement pertaining to any criminal
investigation related to the premises, unless failure to cooperate
is otherwise authorized by another law.
[Amended 11-22-2016 by Ord. No. 2137]
(2)
No club shall sell intoxicating liquors except to members or guests
invited by members.
(3)
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.
(4)
No Retail Class A or Class B Licenses shall sell or offer to sell
any intoxicating liquor to any person on credit.
(5)
No gambling or game of chance of any sort shall be permitted in any
form upon the licensed premises. Slot machines, punch boards, or any
devices of chance are prohibited and shall not be kept upon the premises.
(6)
(Reserved)
(7)
(Reserved)
(8)
When sale of intoxicating liquor and malt beverages is prohibited
during specified hours of the day, the barroom and any other room
on the premises not occupied as strictly living quarters shall be
cleared of occupants, and entrances and exits to and from such places
shall be bolted and locked. No sale of any intoxicating liquor or
malt beverages shall be made in any part of the premises after closing
hours. During the time when the sale of intoxicating liquor and malt
beverages is prohibited, a clear view from the outside of the interior
of the barroom and wine room on the premises shall be maintained,
and any screen or shade that prohibits such view shall be raised or
drawn.
I.
Severability clause. If any subsection, sentence, clause or phrase
of this section is, for any reason, held to be invalid, such decision
shall not affect the validity of the remaining portions of this section.
The Common Council hereby declares that it would have passed this
section and each subsection, clause and phrase thereof, irrespective
of the fact that any one or more subsections, sentences, clauses and
phrases be declared unconstitutional.
[Amended 3-1-1983 by Ord.
No. 1232; 6-3-1986 by Ord. No. 1327]
J.
All applications for licenses to sell alcohol beverages shall be
filed with the City Clerk at least 15 days prior to granting the license.
[Added 3-1-1983 by Ord.
No. 1232; amended 6-3-1986 by Ord. No. 1327]
K.
A Class B License shall be issued only for that portion of the premises
specifically described in the license as specifically authorized by
the Common Council.
[Added 3-1-1983 by Ord.
No. 1232; amended 6-3-1986 by Ord. No. 1327; 10-15-2013 by Ord. No. 2074]
L.
The City Clerk is authorized to issue provisional operator licenses
pursuant to § 125.17(5), Wis. Stats., and the following:
[Added 8-16-1994 by Ord.
No. 1574]
(1)
The fee for such license shall be $15.
(2)
The fifteen-day waiting period otherwise applicable pursuant to Subsection J hereof does not apply to the issuance of provisional operator licenses where all other requirements have been met.
(4)
The City Clerk shall issue a provisional operators' license to a person who, at the time of the application for an operator's license under § 19.00 and payment of the fee under Subsection L(1), files a certified copy of a valid operator's license issued by another municipality.
[Amended 10-17-2017 by Ord. No. 2158[2]]
[2]
Editor's Note: This ordinance also redesignated former
Subsection L(4) as Subsection L(8).
(5)
A provisional license may be issued to a person who has applied for an operator's license under § 19.00 upon payment of the fee under Subsection L(1) and the requirements of this section, subject to Subsection L(5)(a). A provisional license may not be issued to any person who has been denied a license under § 19.00.
[Added 10-17-2017 by Ord.
No. 2158]
(6)
A provisional license expires 60 days after its issuance or when a license under § 19.00 is issued to the holder, whichever is sooner, except that a provisional license issued under Subsection L(4) expires upon the expiration of the operator's license issued by another municipality if that expiration occurs prior to 60 days from the issuance of the provisional license.
[Added 10-17-2017 by Ord.
No. 2158]
(7)
The City Clerk may revoke the provisional license if he or she discovers that the holder of the license made a false statement on the application or, if the provisional license is issued under Subsection L(4), if the City Clerk determines that the operator's license issued by another municipality and filed under Subsection L(4) is not valid or upon denial of a person's application for an operator's license under § 19.00.
[Added 10-17-2017 by Ord.
No. 2158]
(8)
Provisional licenses issued under Subsection L(5) shall be issued only upon proof satisfactory to the City Clerk that the applicant has completed the training course required by § 125.17(6), Wis. Stats., and has met the requirements for a provisional license contained in Ch. 125, Wis. Stats.
[Amended 10-17-2017 by Ord. No. 2158]
M.
Pursuant to the authority granted in §§ 125.17(3)
and 125.18, Wis. Stats., the fee for operator shall be as follows:
[Added 9-7-1999 by Ord.
No. 1744]
(1)
There shall be a non-refundable Application Fee due and payable at
the time an application is submitted. The amount of the fee shall
be established by resolution of the Common Council.
N.
Pursuant to the authority granted in §§ 125.25, 125.26,
125.27 and 125.51, Wis. Stats., the fees for alcohol beverage licenses
shall be established by resolution of the Common Council. Also pursuant
to the authority granted in the forementioned sections of the Wisconsin
Statutes, each application for an alcohol beverage license shall be
accompanied by a non-refundable Publication Processing Fee in the
amount established by resolution of the Common Council.
[Added 9-7-1999 by Ord.
No. 1744]
O.
In addition to any other conditions precedent to the issuance of
an alcohol beverage license specifically established by the Common
Council, all alcohol beverage license applicants, other than operator
applicants, shall supply the City Clerk's office with the following
as a condition precedent to the issuance of a license:
[Added 9-7-1999 by Ord.
No. 1744]
(1)
A copy of the applicant's current Seller's Permit issued
by the State of Wisconsin.
(2)
The applicant's federal employer's tax identification number.
(3)
Proof of ownership or tenancy of the premises to be licensed.
(4)
Proof of Responsible Beverage Server's Training course completion
when required.
(5)
A statement from the Building Inspector, Health Department or City
Sanitarian, Police Department and Fire Inspector recommending approval
or disapproval of the license.
P.
The omission of required information or providing false information
will be grounds for denial or revocation of any license issued.
[Added 9-7-1999 by Ord.
No. 1744]
Q.
All applicants who are required to complete an alcohol beverage server's
course under Wisconsin State Statutes shall provide proof of completion
of the course and a certificate demonstrating such completion as a
condition precedent to issuance of the license applied for under this
chapter. A Provisional Operator's License may be issued on proof
that the applicant has enrolled in the training course.
[Added 9-7-1999 by Ord.
No. 1744]
R.
All conditions upon which a license is approved and all other conditions
precedent to the issuance of any license authorized to be issued pursuant
to Ch. 125, Wis. Stats., shall be satisfied within 30 days of the
date on which the Common Council approves the license or the approval
and application shall lapse and no license shall be issued upon such
lapsed approval and application.
[Added 9-7-1999 by Ord.
No. 1744]
S.
The Common Council may grant a temporary extension of any premises
for which a Class "B" or Class "C" liquor license had been issued;
provided, however, that the premises for which a temporary extension
is requested is contiguous to the premises for which the license has
been issued. In granting such a request, the Common Council may impose
reasonable conditions, including but not limited to a restriction
of the type of container the beverages are served in and/or a requirement
that the area for which the temporary extension has been granted is
fenced in or otherwise enclosed.
[Added 2-19-2019 by Ord. No. 2188]
A.
The following provisions of Ch. 125, Wis. Stats., are hereby adopted
as though fully set forth herein together with any future renumbering
or amendments which may be made in the future. Such future amendments
or renumbering are hereby adopted herein and shall become effective
at the time they become law. The specific sections of Ch. 125 shall
be numbered as indicated hereafter:
[Added 4-17-1984 by Ord.
No. 1261; amended 6-3-1986 by Ord. No. 1327]
[Amended 3-1-1983 by Ord.
No. 1232; 11-17-1998 by Ord. No. 1718]
A.
Nude dancing in licensed establishments prohibited. It is unlawful
for any person to perform or engage in, or for any licensee or manager
or agent of the licensee to permit any person, employee, entertainer
or patron to perform or engage in any live act, demonstration, dance
or exhibition on the premises of a licensed establishment which:
[Amended 4-5-2000 by Ord.
No. 1764]
B.
Exemptions. The provisions of this ordinance do not apply to the
following licensed establishments: theaters, performing arts centers,
civic centers, and dinner theaters where live dance, ballet, music
and dramatic performances of serious artistic merit are offered on
a regular basis and in which the predominant business or attraction
is not the offering to customers or entertainment which is intended
to provide sexual stimulation or sexual gratification to such customers
and where the establishment is not distinguished by an emphasis on,
or the advertising or promotion of, employees engaging in nude erotic
dancing.
C.
Definitions. For purposes of this ordinance, the term "licensed establishment"
means any establishment licensed by the common Council of the City
of South Milwaukee to sell alcohol beverages pursuant to Ch. 125,
Wis. Stats. The term "licensee" means the holder of a retail "Class
A," "Class B," Class "B," Class "A," or "Class C" license granted
by the common Council of the City of South Milwaukee pursuant to Ch.
125, Wis. Stats.
D.
Penalties. Any person, partnership or corporation who violates any
of the provisions of this ordinance shall be subject to a forfeiture
of not less than $300, and not more than $1,600 per violation. A separate
offense and violation shall be deemed committed on each day on which
a violation occurs or continues. In addition, violation of this ordinance
constitutes sufficient grounds for suspending, revoking or non-renewing
an alcohol beverage license under § 125.12, Wis. Stats.
E.
Severability. If any section of this ordinance is found to be unconstitutional
or otherwise invalid, the validity of the remaining sections shall
not be affected.
[Amended 3-1-1983 by Ord.
No. 1232]
A.
As provided in § 176.05(21), Wis. Stats.
B.
Discontinuance of licenses. Whenever a location which has been licensed
as a Class "B" Liquor License premises for the sale of intoxicating
liquor has failed to renew that license within 90 days after the June
30th expiration date, the license for such locations shall be reviewed
by the Legislation and Permits Committee as soon after the ninety-day
grace period as possible with express purpose of evaluating whether
the license shall, in the future, be available and/or whether no new
license shall be available for that location or any other location.
The Legislation and Permits Committee shall make their recommendation
to the Common Council for final action whether to retire the license
or reissue the license. Any license retired under this paragraph shall
not be reissued to the same or any other person or location. Any license
which has been revoked by action of the Legislation and Permits Committee
or the Common Council as a sanction for violations or abuse of the
license privilege shall be permanently retired and not available for
reissue to the same or any other person. No license shall be permanently
retired by revocation unless the owner of the premises licensed shall
be first given notice of the intent to permanently retire the license
and be given the opportunity to be heard on the propriety of permanent
retirement of the license.
[Amended 3-19-1985 by Ord. No. 1291; 4-21-1998 by Ord. No. 1705]
C.
The purpose of this provision is to reduce the number of Class "B"
Liquor Licenses available.
[Added 3-1-1983 by Ord.
No. 1232]
A.
Each premises shall be conducted in a sanitary manner and shall be
a safe and proper place for the purpose for which used. The Board
of Health 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 and shall have the same
force as though fully set out in this chapter and infraction thereof
may be punished as a violation of this chapter.
B.
The rules and regulations made by the State Board of Health governing
sanitation in restaurants shall apply to all Class B licenses issued
under this chapter. No Class B License shall be issued unless the
premises to be licensed conform to such rules and regulations.
[Added 3-1-1983 by Ord.
No. 1232]
A violation of this chapter by an agent or employee of a licensee
or permit holder shall constitute a violation by such licensee or
permit holder.
[Amended 12-20-2011 by Ord. No. 2038]
Pursuant to the authority contained in § 25.32(3)(d),
Wis. Stats., premises licensed as Class A for the sale of fermented
malt beverages under § 125.25, Wis. Stats., in the City
of South Milwaukee may not sell fermented malt beverages or intoxicating
liquors between the hours of 9:00 p.m. and 6:00 a.m., and pursuant
to § 125.68(4)(b), Wis. Stats., no premises for which a
"Class A" license or permit has been issued may remain open for the
sale of intoxicating liquor between the hours of 9:00 p.m. and 6:00
a.m.
[Added 2-19-2003 by Ord.
No. 1835]
A.
The City shall issue manager's licenses as provided in Ch. 125,
Wis. Stats.
B.
The fee for the license shall be established by the Common Council
by resolution.
C.
Any person acting as a manager of a licensed premise without a manager's
license shall be subject to a forfeiture of not less than $200 nor
more that $1,000 for such violation. Each day a person acts as a manager
without a license constitutes a separate offense.
