[HISTORY: Adopted by the City Council of the City of Two
Rivers (Title 6, Ch. 1, of the 1981 Code). Amendments noted where
applicable.]
The provisions of Chapter 125, Wis. Stats., and §§ 938.344
and 778.25, Wis. Stats., relating to the sale and disposition of intoxicating
liquors and/or fermented malt beverages are adopted as a portion of
this chapter as far as they are applicable, except as otherwise provided
herein.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
As used in this chapter, the terms "intoxicating liquors," "sell,"
"sold," "sale," "fermented malt beverages," "club," "retailer," "person,"
"alcohol beverages," "selling," "department," "legal drinking age,"
"license," "permit," "premises," "principal business," "regulation,"
"restaurant," "underage person," "wholesaler" and "wine" shall have
the meanings given them by Chapter 125, Wis. Stats.
No person, firm or corporation shall, within the City, vend,
sell, deal or traffic in or have in his possession with intent to
vend, sell, deal or traffic in or, for the purpose of evading any
law or ordinance, give away any intoxicating liquor or fermented malt
beverages in any quantity whatever, or cause the same to be done,
without having procured a license as provided in this chapter, nor
without complying with all the provisions of this chapter, and all
statutes and regulations applicable thereto, except as provided by §§ 125.25,
125.26, 125.27, 125.28 and 125.51, Wis. Stats.
A.
Retail "Class A" liquor license. A retail "Class A" liquor license,
when issued by the City Clerk under the authority of the City Council,
shall permit its holder to sell, deal and traffic in intoxicating
liquors only in original packages or containers and to be consumed
off the premises so licensed.
B.
Retail "Class B" liquor license. A retail "Class B" liquor license,
when issued by the City Clerk under authority of the City Council,
shall permit its holder to sell, deal and traffic in intoxicating
liquors to be consumed by the glass only on the premises so licensed,
and in the original package or container, in multiples not to exceed
four liters at any one time, to be consumed off the premises, except
that wine may be sold in the original package or otherwise in any
other quantity to be consumed off the premises.
C.
There shall be six classes of fermented malt beverages licenses:
(1)
Class "A" retailer's license. A Class "A" retailer's fermented
malt beverage license, when issued by the City Clerk under the authority
of the City Council, shall entitle the holder thereof to possess,
sell or offer for sale fermented malt beverages only for consumption
away from the premises where sold, and in the original packages, containers
or bottles.
(2)
Class "B" retailer's license. A Class "B" retailer's license,
when issued by the City Clerk under the authority of the City Council,
shall entitle the holder thereof to possess, sell or offer for sale
fermented malt beverages, either to be consumed upon the premises
where sold or away from such premises. The holder may also sell beverages
containing less than 1/2 of the percent of alcohol by volume without
obtaining a special license to sell such beverages.
(3)
Special (temporary) Class "B" beer picnic license and special (temporary)
"Class B" wine picnic license.
(a)
A special Class "B" beer picnic license or a special "Class
B" wine picnic license, when issued by the City Clerk under the authority
of the City Council, shall entitle the holder thereof to possess,
sell or offer for sale fermented malt beverages or wine in an original
package, container, or bottle or by the glass, if the wine is dispensed
directly from an original package, container, or bottle, at a particular
picnic or similar gathering, at a meeting of the post, or during a
fair conducted by a fair association or agricultural society. Such
license may be issued only to bona fide clubs and chambers of commerce,
state, county or local fairs, associations or agricultural societies,
to churches, lodges or societies that have been in existence for not
less than six months prior to the date of application for such license
or to posts of veterans organizations now or hereafter established.
Such license is valid for a maximum of five days.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
(b)
Application for such license shall be signed by the president
or corresponding officer of the society or association making such
application and shall be filed with the City Clerk together with the
appropriate license fee for each event for which the license is sought.
Any person signing the application for such license on behalf of a
group or entity which is not authorized to receive such license under
the applicable statute shall, upon conviction thereof, be subject
to a forfeiture of $200 and will be ineligible to apply for a temporary
"Class B" wine license for one year. The license shall specify the
hours and dates of license validity. The application shall be filed
a minimum of 15 days prior to the meeting of the City Council at which
the application will be considered for events of more than three consecutive
days. If the application is for a license to be used in a City park,
the applicant shall specify the main point of sale facility.
(c)
There shall be a licensed beverage operator on duty at all times
at an event covered by above license.
(d)
A temporary operator's license may be issued along with
the special Class "B" and "Class B" picnic license.
(e)
The City Council may, upon request and in the exercise of its
reasonable discretion, waive the application of § 9-2-5B(2)
of this Code to any event for which a special Class "B" picnic license
or a special "Class B" picnic license is issued, to allow use of musical
instruments, phonographs, radios or other machines or devices for
the producing or reproducing of music at such event beyond 10:00 p.m.
If the Council grants such a request, it shall specify a time at which
such waiver will expire and may impose such additional conditions
as it deems necessary or appropriate for the public good or welfare.
(4)
Retail "Class C" licenses.
(a)
In this subsection, "barroom" means a room that is primarily
used for the sale or consumption of alcohol beverages.
(b)
A "Class C" license authorizes the retail sale of wine by the
glass or in an opened original container for consumption on the premises
where sold.
(c)
A "Class C" license may be issued to a person qualified under
§ 125.04(5), Wis. Stats., for a restaurant in which the
sale of alcohol beverages accounts for less than 50% of gross receipts
and which does not have a barroom if the City's quota prohibits
the City from issuing a "Class C" license to that person. A "Class
C" license may not be issued to a foreign corporation or a person
acting as agent for or in the employ of another.
(d)
A "Class C" license shall particularly describe the premises
for which it is issued.
(5)
Temporary "Class B" wine license.
(a)
License. Notwithstanding § 125.68(3), Wis. Stats.,
temporary "Class B" licenses may be issued 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 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. No fee may be charged to a person who,
at the same time, applies for a temporary Class "B" beer license under
§ 125.26(6), Wis. Stats., for the same event.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
(b)
Application. Application for such license shall be signed by
the President or corresponding officer of the society or association
making such application and shall be filed with the City Clerk together
with the appropriate license fee for each event for which the license
is sought. Any person signing the application for such license on
behalf of a group or entity which is not authorized to receive such
license according to the applicable statute shall, upon conviction
thereof, be subject to a forfeiture of $200 and will be ineligible
to apply for such a license within one year of the conviction. The
license shall specify the hours and dates of license validity. The
application shall be filed a minimum of 15 days prior to the meeting
of the City Council at which the application will be considered for
events of more than three consecutive days. If the application is
for a license to be used in a City park, the applicant shall specify
the main point of sale facility.[1]
[1]
Editor's Note: Original Sec. 6-1-4(c)(6), Wholesaler's License,
which immediately followed this subsection, was repealed at time of
adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III).
A.
Contents.
(1)
Application for a license to sell or deal in intoxicating liquor
or fermented malt beverages shall be made in writing on the form prescribed
by the Wisconsin Department of Revenue and shall be sworn to by the
applicant(s) as provided by §§ 887.01 to 887.03, Wis.
Stats., and shall be filed with the City Clerk. The premises shall
be physically described to include every room and storage space to
be covered by the license, including all rooms not separated by a
solid wall or joined by connecting entrances.
(2)
Applications for intoxicating liquor and fermented malt licenses
must be filed not less than 15 days prior to granting of such license.
B.
Publication.
(1)
The application for all permanent retail licenses will be accompanied
by the cost of publication as stipulated by § 125.04(3)(g),
Wis. Stats., and shall be published successively a minimum of three
times as therein prescribed.
C.
Amending application. Whenever anything occurs to change any fact
set out in the application of any licensee, such licensee shall file
with the issuing authority a notice, in writing, of such change within
10 days after the occurrence thereof.
A.
Residence requirements. A license shall be granted only to persons
who:
B.
Applicant to have malt beverage license. No retail "Class B" liquor
license shall be issued to any person who does not have or to whom
is not issued a Class "B" retailer's license to sell fermented
malt beverages.
C.
Premises. No license shall be granted for any premises where any
other business shall be conducted in connection with said licensed
premises and no other business may be conducted on such licensed premises
after the granting of such license except that such restriction shall
not apply to a hotel or to a restaurant not a part of or located in
any mercantile establishment, or to a combination grocery store and
tavern, or to a bowling alley or recreation premises or to a bona
fide club, society or lodge that shall have been in existence for
not less than six months prior to the date of filing application for
such license.
D.
Right to premises. No applicant will be considered unless he has
the right to possession of the premises described in the application
for the license period, by lease or by deed; and he shall present
documentary proof of his right to possession when required by the
License and Health Committee.
E.
Age of applicant. No Class "A" or "B" or "Class C" license shall
be granted to any person under the legal drinking age, except that
a person may obtain a beverage operator's license if 18 years
of age.
F.
Application by agents, hotels, etc.
(1)
No Class "A" or "B" or "Class C" license shall be issued to any person
acting as agent for or in the employ of another except that, with
respect to Class "B" licenses, this restriction shall not apply to
a hotel, or to a restaurant not a part of or located in or upon the
premises of any mercantile establishment, or to a bona fide club,
society or lodge that shall have been in existence for not less than
six months prior to the date of application, or to a corporation,
as provided in § 125.04(6), Wis. Stats. Such license for
a hotel, restaurant, club, society lodge or corporation may be taken
in the name of an office or manager, who shall be personally responsible
for compliance with all the terms and provisions of this chapter.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
(2)
Such officers or managers must meet the residence requirement of
§ 6-1-6A of this chapter.
G.
Corporate or nonprofit organization restrictions.
(1)
No license shall be granted to any corporation which does not comply
with the provisions of Chapter 125, Wis. Stats., which does not have
an agent eligible for a license under this chapter or under state
law.
(2)
The City Clerk must obtain a completed appointment of agent schedule
for each corporation or nonprofit organization and obtain local enforcement
approval prior to granting license. This completed form must also
be obtained for all changes of agent, which must be approved by local
enforcement.
(3)
Appointment of agent. An agent must meet the qualifications listed
in § 6-1-6A and E, above, except that the person need not be
a Wisconsin resident. However, the agent must be located near enough
so he or she can actively supervise the licensed premises.
(4)
Any license issued to a corporation may be revoked in the manner
and under the procedure established in § 125.12, Wis. Stats.
The City Clerk shall notify the Chief of Police, Health Officer,
Chief of the Fire Department and Building Inspector of each 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 furnish to the City Council, in writing, the information derived
from such investigation, accompanied by a recommendation as to whether
a license should be granted or refused. No license shall be renewed
without a reinspection of the premises and report as originally required.
A.
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 applicant's fitness for the trust to be reposed.
B.
No license shall be granted for operation of any premises or with
any equipment for which taxes or assessments or other financial claims
of the City are delinquent or unpaid.
C.
No retail "Class B" fermented malt, retail "Class C" fermented malt
and/or liquor license shall be issued unless the premises conforms
to the sanitary, safety and health requirements of the State Building
Code, and the regulations of the State Department of Agriculture,
Trade and Consumer Protection and City Board of Health applicable
to restaurants. The premises must be connected with City water and
sewage facilities, must be properly lighted and ventilated, must be
equipped with separate sanitary toilet and lavatory facilities equipped
with running water for each sex and must conform to all ordinances
of the City.
A.
Opportunity shall be given by the governing body to any person to
be heard for or against the granting of any license. Upon the approval
of the applicant by the City Council, the City Clerk shall issue to
the applicant a license, upon payment by the applicant of the license
fee to the City. The license fee shall be prorated on a monthly basis
if issued for a fraction of a year. The fee shall be paid to the City
Clerk who shall deposit the same in the general fund.
B.
Individuals or corporations
desiring a new Class B or Class C license shall file in the City Clerk's
office an application form for the license, deposit with the City
one year's license fee and provide sufficient documentation to
determine the applicant's eligibility, including detailed construction
plans if a new or remodeled facility is proposed, so that the City
can determine the eligibility of the applicant. Upon complying with
these requirements, the Clerk shall place the applicant on the eligibility
list and the City Council will then issue available licenses on a
"first-come-first-served" basis according to filing date. Applicants
may withdraw their application and obtain a refund at any time.
C.
The City Manager may issue temporary Class "B" picnic licenses without
Council approval in cases of an emergency in lieu of calling a special
Council meeting.
A.
The transfer of a license to a new owner and/or new location will
be evaluated on a case-by-case basis. If a location change occurs,
the licensee is responsible for the proper maintenance, operation
or disposition of the prior licensed facility; and if not, the license
may not be renewed subject to City Council review.
B.
There shall be issued no more than one Class "B" retail or "Class
C" license for any one premises within one year from July 1 to the
succeeding June 30, except in cases of death, bankruptcy or assignment
of creditors as provided in Chapter 125, Wis. Stats. If licensed premises
are transferred to a new owner or tenant, the new occupant must apply
for and receive, prior to commencing operations, a Class "B" retail
or "Class C" retail license. This section shall apply to licenses
held by corporations which transfer the same to another corporate
entity, with or without changing agents, to the agent or other persons.
The prospective licensee shall file a new application and pay the
required fee as if it were making an original application. If the
applicant is a tenant or subtenant, he shall first secure and present
to the City Council written approval of such tenancy from the owner
of such premises.
C.
Whenever the agent of a corporate holder of a license, for any reason,
is replaced, the licensee shall give the City Clerk written notice
of said replacement, the reasons therefor and the new appointment.
Until the next regular meeting or special meeting of the City Council,
the successor agent shall have the authority to perform the functions
and be charged with the duties of the original agent. However, said
license shall cease to be in effect upon receipt by the Clerk of notice
of disapproval of the successor agent by the Wisconsin Department
of Revenue or the Sheriff or other peace officer of the municipality
in which the license was issued. The corporation's license shall
not be in force after receipt of such notice or after a regular or
special meeting of the City Council until the successor agent or another
qualified agent is appointed and approved by the City and the Wisconsin
Department of Revenue.
D.
Whenever any licensee under this chapter shall not conduct his licensed
business at the authorized location for a period of six consecutive
months, the license issued to him shall lapse and become void, unless
such six-month period shall be extended by the City Council.
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, the name of the licensee, and
shall expire on the 30th day of June thereafter, unless revoked as
provided by state law or City ordinance or by revocation by the City
Council. The City Clerk shall affix to the license his affidavit as
provided by Wisconsin Statutes.
A.
As to location. There shall be issued no more than one "Class B"
intoxicating liquor license and/or fermented malt license or "Class
C" wine license for any one location in any one license year, except
in case of bona fide illness, death, sale of the premises by the last
licensee or revocation of the license. New or subtenants are required
to present written approval of the owner of the premises of their
tenancy.
B.
As to population. The number of persons and places that may be granted
retail "Class B" intoxicating liquor licenses under this chapter shall
be limited to the number as fixed by § 125.51(4), Wis. Stats.,
subject to increase by annexation or increases in population; also,
as provided by said statutory section. The number is presently 36.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
C.
There shall be no restriction on the number of "Class A" intoxicating
liquor or Class "B" fermented malt beverage, or "Class C" Wine licenses.
A.
Every person licensed in accordance with the provisions of 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.
B.
It shall be unlawful for any person to post such license or to be
permitted to post it upon premises other than those mentioned in the
application or knowingly to deface or destroy such license.
Whenever a license issued under this chapter 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 City Clerk for a fee as prescribed in Title
1 on satisfying himself as to the facts.
All retail Class "A" and "B" and "Class C" 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:
A.
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
therein which are in violation of City ordinances or state laws, and
consents to the introduction of such things and articles in evidence
in any prosecution that may be brought for such offenses.
B.
No retail Class "B" or "Class C" licensee shall employ any person
under 18 years of age except as authorized in § 125.32(2),
Wis. Stats., and as said statutory section is hereinafter amended.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
C.
There shall be upon premises operated under a Class "A," Class "B"
or "Class C" license, at all times, the licensee or some person who
shall have an operator's license and who shall be responsible
for the acts of all persons serving, as waiters or in any manner,
any fermented malt beverages or intoxicating liquor to customers.
No member of the immediate family of the licensee under the age of
18 years shall serve as a waiter, or in any other manner provide,
any fermented malt beverage or intoxicating liquor to customers unless
an operator 18 years of age or over is present upon and in immediate
charge of the premises. No person other than the licensee shall serve
fermented malt beverages or intoxicating liquor in any place operated
under a retail Class "A," Class "B," or "Class C" license unless he
shall possess such operator's license, or unless he shall be
under the immediate supervision of the licensee or a holder of an
operator's license who shall be at the time of such service upon
said premises.
A.
Restrictions near schools, churches and hospitals. No retail Class
"A" or "B" license shall be issued for premises the main entrance
of which is less than 300 feet from the main entrance of any established
public school, parochial school, hospital or church. Such distance
shall be measured by the shortest route along the highway from the
closest point of the main entrance of such school, church or hospital
to the main entrance to such premises. This subsection shall not apply
to premises licensed as such prior to the occupation of real property
within 300 feet thereof by any school building, hospital building
or church building.
B.
Street level premises licensed. A retail Class "B" fermented malt
beverage license or retail "Class C" license shall be issued only
for that portion of the premises located on the street level, unless
specifically extended by the authority of the Council. This subsection
shall not apply to a bona fide club, hotel, bowling alley, lodge room,
labor union or veterans organization.
C.
Each premises shall be maintained in a sanitary manner and shall
be a safe and proper place for the purpose for which used. The Health
Office of the City may 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
and infractions thereof may be punished as a violation of this section.
D.
No premises holding a Class "B" license shall, during the days they
are required to close, or during the hours in which sale of fermented
malt beverages or liquor is prohibited, obstruct, by the use of curtains,
blinds, screens, or in any other manner, a full and complete view
of the interior from the outside. During the hours in which such sale
is permitted, the premises shall be properly and adequately lighted.
A.
Closing hours. No premises for which a wholesale or retail malt beverage
license or retail liquor license of any kind had been issued shall
be permitted to remain open for the sale or consumption of such fermented
malt beverage or intoxicating liquor, either by the glass or by the
package, at the times hereinafter set forth.
B.
Closing hours exceptions. Hotels and restaurants, whose principal business is the furnishing of food and lodging to patrons, and bowling alleys shall be permitted to remain open for the conduct of the regular business but shall not sell intoxicating liquor or fermented malt beverages during the hours prohibited in the foregoing Subsection A. Grocery stores, service stations, drug and tobacco stores licensed to sell fermented malt beverages or intoxicating liquor may remain open, but shall not sell fermented malt beverages or intoxicating liquor during the hours prohibited in the foregoing Subsection A. No person shall consume fermented malt beverages or intoxicating liquor upon any licensed premises during the hours prohibited in the foregoing Subsection A(2).
A.
Procedure. Except as hereinafter provided, the provisions of state
law shall be applicable to proceedings for the revocation or suspension
of all licenses or permits granted under this chapter. Revocation
or suspension proceedings may be instituted by the Council upon its
own motion by adoption of a resolution.
B.
Suspension of licenses. The City Manager or the Chief of Police, upon obtaining reasonable information that any licensee has violated any provision of this chapter or any state or federal liquor or fermented malt beverage law, may suspend a license or permit granted under this chapter for a period not to exceed 10 days pending hearing by the City Council pursuant to Subsection A.
C.
Any license issued pursuant to this chapter shall be subject to such
further regulations and restrictions as may be imposed by the City
of Two Rivers by amendment to this chapter or by the enactment of
new ordinances. If any licensee shall fail or neglect to meet the
requirements imposed by such new restrictions and regulations his
license may be revoked in accordance with this chapter. If any new
amendment or ordinance enacted by the City Council shall provide for
revocation of all or any class of existing licenses and the issuance
of new licenses, or shall impose such new restrictions as to render
it impossible for any licensee under an existing license to meet such
restrictions, then and in such case the unused portion of the fee
paid for such license shall be refunded or applied on any new license
issued to such licensee by the City. In case of revocation of any
license for any violation of any provision of this chapter or for
any reasonable cause except the imposition of new restrictions, no
refund shall be made of any part of the license fee. If a license
issued hereunder is not used within 15 days after its issuance, or
its usage is discontinued for a period of 15 days or more, such situation
shall be grounds for cancellation of the license in accordance with
the provisions of this chapter.
A.
Required for outdoor consumption. No licensee shall permit the consumption
of alcohol beverages on any part of the licensed premises not enclosed
within the building, except under permit granted by the City Council.
The permits are a privilege in which no rights vest and, therefore,
may be revoked by the City Council at its pleasure at any time, or
shall otherwise expire on June 30 of each year. No person shall consume
or have in his or her possession alcohol beverages on any unenclosed
part of a licensed premises which is not described in a valid beer
garden permit. It is the purpose of fencing in the beer garden area
to prohibit or significantly restrict the ease in which alcohol beverages
may be passed from within the beer garden area to anyone outside the
beer garden area.
B.
Limitations on issuance of beer garden permits.
(1)
No
permit shall be issued for a beer garden located in a nonresidential
district if any part of the beer garden is within 50 feet of a structure
used for residential purposes, except residential uses located in
the same structure as the licensed premises or a residence which is
owned by the same person who owns the licensed premises. No permit
shall be issued to a licensed premises located in a district zoned
R-1 through R-4. No permit shall be issued for a beer garden if the
beer garden area is greater than the gross floor area of the adjoining
licensed premises. Each applicant for a beer garden permit shall accurately
describe the area intended for use as a beer garden and shall indicate
the nature of fencing or other measures intended to provide control
over the operation of the beer garden.
(2)
Every
beer garden shall be completely enclosed with a fence or wall not
less than five feet in height above the ground of the area immediately
outside of the enclosed fenced area of the beer garden, except as
otherwise provided herein. When a portion of the beer garden's
perimeter lies along the shoreline of the East or West Twin River,
there shall be no requirement for a fence along such river frontage;
provided, however, that the fence or wall enclosing the balance of
the beer garden's perimeter shall extend to points as close to
the water as practicable, subject to the review and recommendation
of the Police Department. The City reserves the right to require such
fence to extend toward the water to the maximum extent allowed by
law (i.e., to the ordinary high-water mark or the bulkhead line, if
a bulkhead exists.
(3)
Amplified
sound or music is not permitted after 9:00 p.m. There shall be a licensed
operator within the beer garden when alcohol beverages are dispensed
in the beer garden. The beer garden shall remain closed to the public
between 11:00 p.m. and 8:00 a.m.
C.
State statutes enforced within beer garden. Every permittee under
this section shall comply with and enforce all provisions of Chapter
125, Wis. Stats., applicable to Class "B" licensed premises, except
insofar as such provisions are clearly inapplicable. Violation of
the provisions of Ch. 125, Wis. Stats., shall be grounds for immediate
revocation of the beer garden permit by the City Council.
D.
License fees. The fee for a beer garden permit shall be as set forth
on the schedule of fees in § 1-2-1.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
A.
Permit.
(1)
The City Council may, upon consultation with the Police Chief, issue
special event beer garden permits to existing licensees, permitting
the consumption of alcohol beverages on a part of the licensed premises
not enclosed within a building, upon application and subject to the
terms of this chapter. Such permits shall be deemed a privilege in
which no rights vest, and therefore may be revoked by the City Council
at its pleasure at any time. Such permits may be issued for periods
not to exceed three consecutive days. No licensee may be granted such
a permit on more than two occasions during any calendar year. No such
permit shall be issued to a licensed premises located in a district
zoned R-1 Single-Family Residence District, R-2 Single- and Double-Family
Residence District, R-3 Single- and Double-Family Residence District
or R-4 Multiple-Family Residence District.
(2)
Such permit may be issued to allow modification of the conditions
applicable to an existing beer garden permit during a special event
or to allow establishment of a new beer garden at a licensed premises
for the duration of a special event as permitted herein.
B.
Application. Any applicant for a special event beer garden permit
shall submit a site plan drawing describing the area to constitute
the beer garden; shall state the planned hours of operation of the
beer garden and proposed hours for outdoor music or entertainment.
A licensed operator shall be within the beer garden at all times alcohol
beverages are dispensed in the beer garden. The beer garden area shall
be adequately fenced to prohibit or significantly restrict the ease
with which alcohol beverages may be passed from within the beer garden
area to anyone outside the beer garden area.
C.
Conditions. The size and location of the beer garden area and its
layout, hours of operation for the beer garden, and the hours during
which outdoor music or entertainment may be allowed shall be determined
by the City Council, on consultation with the Police Chief. If any
portion of the beer garden is located within 50 feet of a structure
that is used for residential purposes and is located in a district
zoned residential, no permit shall be issued unless the owner of the
structure indicates to the City Council his or her consent, in writing,
to the granting of the permit.
D.
Fee. The fee for a special event beer garden permit shall be as set
forth on the schedule of fees in § 1-2-1.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
E.
Compliance with applicable laws. Every permittee shall comply with
all applicable provisions of Chapter 125, Wis. Stats., and this Code
of the City of Two Rivers. Violation of any governing statute or ordinance
shall be grounds for immediate revocation of the permit.
A.
Purpose and findings. The City Council of the City of Two Rivers
intends to discourage underage possession and consumption of alcohol,
even if done within the confines of a private residence, and intends
to hold persons civilly responsible who host events or gatherings
where persons under 21 years of age possess or consume alcohol regardless
of whether the person hosting the event or gathering supplied the
alcohol. The City Council of the City of Two Rivers finds:
(1)
Events and gatherings held on private or public property where alcohol
is possessed or consumed by persons under the age of 21 are harmful
to those persons and constitute a potential threat to public health
requiring prevention or abatement.
(2)
Prohibiting underage consumption acts to protect underage persons,
as well as the general public, from injuries related to alcohol consumption,
such as alcohol overdose or alcohol-related traffic collisions.
(3)
Alcohol is an addictive drug which, if used irresponsibly, could
have drastic effects on those who use it as well as those who are
affected by the actions of an irresponsible user.
(4)
Often, events or gatherings involving underage possession and consumption
occur outside the presence of parents. However, there are times when
the parent(s) is/are present and condone the activity and, in some
circumstances, provide the alcohol.
(5)
A deterrent effect will be created by holding a person responsible
for hosting an event or gathering where underage possession or consumption
occurs.
B.
Definitions. For purposes of this chapter, the following terms shall
have the following meanings:
[Amended 4-2-2018]
- ADULT
- Has the meaning set forth in § 990.01(3), Wis. Stats., or any successor to that statute.
- ALCOHOL BEVERAGES
- Fermented malt beverages and intoxicating liquor as defined in § 125.02(1), (6) and (8), Wis. Stats., or any successor to that statute.
C.
Prohibited acts. No adult may knowingly permit or fail to take action
to prevent the illegal consumption of alcohol beverages by an underage
person on property, including any premises owned and occupied by the
adult or occupied by the adult and under the adult's control.
This subsection applies at a lodging establishment, as defined in
§ 106.52(1)(d), Wis. Stats., only if the adult has furnished
payment or security for lodging. The subsection does not apply to
alcohol beverages used exclusively as part of a religious service.
[Amended 4-2-2018]
D.
Exceptions. This section does not apply in cases where a person procures
for, sells, dispenses of or gives away alcohol beverages to an underage
person in the direct company of his or her parent, guardian or spouse
who has attained the legal drinking age, who has consented to the
underage person acquiring or consuming the alcohol beverages and is
in a position to observe and control the underage person.
E.
Penalties. A person who commits a violation of this chapter is subject
to a forfeiture of not more than $ 500 if the person has not committed
a previous violation within 12 months of the violation. A person may
be fined not more than $1,000 if the person has committed two previous
violations within 12 months of the violation. A person may be fined
not more than $10,000 if the person has committed 3 or more previous
violations within 12 months of the violation.
[Amended 4-2-2018; at
time of adoption of Code (see Title 1, General Provisions, Ch. 1-1,
Art. III)]
Pursuant to §§ 125.17(5) and 125.185, Wis. Stats.,
and subject to the terms of those statutes, the City shall issue provisional
operators licenses and provisional licenses. The City Clerk is designated
to be the official having authority to issue such licenses. The fee
for each such license shall be $15.
