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City of St. Francis, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of St. Francis as §§ 12.10, 12.21 and 12.25 of the 1981 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Nonintoxicating beverages — See Ch. 315.
Nuisances — See Ch. 320.
Peace and good order — See Ch. 338.
[Amended 4-2-2014 by Ord. No. 1361]
A. 
All of Ch. 125, Wis. Stats., as it may be amended from time to time, is hereby incorporated by reference, exclusive of penalty provisions, and except where such conflicts with greater restrictions adopted by this Code. Where there is such a conflict the greater restrictions of this Code shall prevail. A violation of any provision of Chapter 125 shall constitute a violation of this Code.
B. 
Regulation of underage persons. The provisions of §§ 125.07(4)(a), (b) and (bm), 125.085(3)(b) and 125.09(2), Wis. Stats., as amended from time to time, are hereby incorporated by reference, and any violation of such section(s) shall constitute a violation of this Code.
C. 
Municipal Exception. Pursuant to Section 125.06(6) of the Wisconsin Statutes, City officers and employees may sell fermented malt beverages in any public park operated by the City of St. Francis subject to the following conditions:
(1) 
Sales may occur only immediately prior to and during a City-sponsored event at such park, as authorized for such event by the Common Council following recommendation by the Licensing Committee;
(2) 
Sales under this section shall be by City officers and employees under this section who have been reasonably trained;
(3) 
Sales under this section shall only be to adults, and all such sales shall be conducted in accordance with all applicable state laws and in a manner that preserves the reputation of the City of St. Francis.
The City Clerk or any other official charged with the duty of collecting license fees shall charge and collect the fees provided by the current fee schedule on file with the City Clerk.
A. 
All applicants for "Class A" and "Class B" intoxicating liquor licenses shall pay a fee in addition to other fees to cover the costs of the required publication and other expenses incidental to such publication. The fee for late publication shall be as provided by the current fee schedule.
B. 
The fee for a reserve "Class B" intoxicating liquor license is a one-time fee, payable by cashier's or certified check. Upon verification by the City Treasurer that such funds have been paid to the City and are available to the City, the City Treasurer shall rebate the difference between the fee paid and any applicable licenses applied for under this chapter.
In addition to the restrictions contained above, the following shall also apply:
A. 
No patron or guest shall be permitted to remain in the licensee's premises after closing hours, except that hotels and restaurants whose principal business is the furnishing of food or drinks or lodging to patrons, and bowling alleys and golf courses, may remain open for the conduct of their regular business, and patrons and guests may remain in the licensee's premises, but no intoxicating liquors nor any fermented malt beverages may be sold during the prohibited hours.
B. 
All premises for which a Class B license shall have been issued shall be so arranged as to continuously furnish a clear view from the sidewalk, and no curtains, picture(s), sign(s) and other obstruction(s) that interfere with such clear view shall be maintained. The provisions of this subsection, however, shall not apply to bona fide clubs, hotels, and restaurants.
[Amended 7-1-2008 by Ord. No. 1259; 7-6-2021 by Ord. No. 1475]
C. 
No person shall permit and no person shall dance while nude or seminude in any premises licenses under this chapter.
[Amended 7-1-2008 by Ord. No. 1259]
D. 
Upon receipt of any application for any license under this chapter, the City Clerk shall forward a copy of such application to the Police Chief, who shall conduct a search of the criminal history of every applicant and report to the Administration Committee his findings.
[Amended 7-1-2008 by Ord. No. 1259]
E. 
Every premises shall comply with the sanitation requirements as stated in the Wisconsin Administrative Code, as it may be amended from time to time, and attached to each license application, renewal or transfer shall be a statement from the licensee that he is in compliance with such requirements.
F. 
Outdoor event permit.
[Added 4-3-2013 by Ord. No. 1343; amended 9-17-2013 by Ord. No. 1349; 4-7-2021 by Ord. No. 1474]
(1) 
No holder of any Class B or Class C license issued by the City of St. Francis, or any agent or employee of any such licensee, may cause, provide, maintain, suffer, or permit the use of any device(s) or equipment designed or used for the amplification of any live or prerecorded music, speech, or other sound on or about the exterior of any licensed premises [as defined in § 125.02(14m), Wis. Stats.] within the City of St. Francis without having first obtained an outdoor event permit under this section. A permit shall not be required under this section or § 273-3G, however, for any:
(a) 
Event authorized or sponsored by the City of Saint Francis, Milwaukee County, the various Boards of Education, or any political subdivision of the State of Wisconsin;
(b) 
Any event conducted by any local religious, fraternal organization, or VFW post; or
(c) 
Any political rally or fundraiser.
(2) 
The City Clerk may issue an outdoor event permit subject to all of the following provisions having been fully complied with:
(a) 
Application for such permit shall be made by the Class B or Class C license holder in writing upon a form prescribed by and filed with the City Clerk not less than 45 days prior to the date of the proposed event. Identification and contact information for one or more responsible parties to be present throughout authorized hours shall be provided as part of the application process.
(b) 
The fully completed outdoor event permit application shall be submitted to the City Clerk together with all of the following:
[1] 
The application fee prescribed by the Common Council from time to time;
[2] 
A site plan, survey, or scale drawing depicting the deck or patio for which a permit is requested, seating, and location of musicians/performers and the location and orientation of loudspeakers; and
[3] 
The actual cost of providing notice as required under Subsection F(2) below.
(c) 
Not more than six outdoor event permits may be issued with regard to the same premises in any calendar year under this Subsection F.
(d) 
Prior to issuing any outdoor event permit under this section, the City Clerk shall first confirm with the Police Chief (or his/her designee) that no violation of Chapter 125 of the Wisconsin Statutes, this chapter, or any permit issued under this section has occurred, and that no citation for any such violation is then pending with regard to the sale/service of alcohol on the licensed premises. In the event of any violation or citation, the City Clerk may refer the permit application to the Licensing Committee for a decision on the permit application.
(e) 
Upon issuing an outdoor event permit under this section, the City Clerk shall mail notice to the owner of record of each property located within 100 feet of the licensed premises.
(f) 
An outdoor event permit, when issued, shall apply to one particular twenty-four-hour period between the hours of 10:00 a.m. through 10:00 p.m. on such date.
(3) 
An outdoor event permit issued under this section shall be conditioned upon full compliance with all applicable Wisconsin laws, the applicable provisions of this Code, and full and continuous compliance with all of the following:
(a) 
The licensee must own or lease all area(s) that the permit applies to;
(b) 
The licensee shall be responsible for preventing any person from bringing alcohol beverages onto the premises and from taking any alcohol beverages off of the premises;
(c) 
The licensee shall be responsible for taking reasonable precautions to prevent violation of underage procurement, possession, and consumption laws; and
(d) 
The licensee shall be responsible for ensuring that patrons and invitees do not obstruct pedestrian and/or vehicular travel on any public right-of-way.
(4) 
The Licensing Committee shall have the authority to review compliance by licensees with the provisions of this section. In addition, following a public hearing, the Licensing Committee shall have the authority to suspend a licensee's ability to obtain and/or operate under a permit under this Subsection F for not less than 30 nor more than 365 days. Such authority shall be conditioned upon the Licensing Committee finding that: the licensee has operated its premises under a permit issued under this Subsection F in a manner that is incompatible and a nuisance to surrounding uses; that issuance of a permit under this Subsection F is not in the public interest at that time; or that operations by the licensee under an outdoor event permit have unreasonably adversely affected the use of adjacent land(s). The licensee shall be given an opportunity to be heard on the matter, and any person aggrieved by a determination by the Licensing Committee hereunder may request a review by the Common Council of such determination.
G. 
Noise and vibration from licensed premises. Licensees shall be responsible for monitoring noise, and related vibration, levels generated from operations on the premises. Upon receipt of any complaint from any neighboring property owner or occupant (either directly or via the St. Francis Police Department), or upon request by any law enforcement officer or employee of the City of St. Francis, the licensee shall promptly undertake such measures as are necessary to ensure that the licensee's activities do not:
[Added 9-17-2013 by Ord. No. 1349]
(1) 
Unreasonably disturb the peace, quiet, and comfort of neighbors in residential or noise-sensitive areas, including multifamily or single-family dwellings; or
(2) 
Result in emanation of unreasonably loud and raucous sound from any loudspeaker, amplifier, public address system, or other device for producing or reproducing sound; or
(3) 
Result in unreasonably loud and raucous noise from the premises, including any outdoor area which is part of or under the control of licensee; or
(4) 
Result in a violation of any provision of § 338-5 of this Code, Loud and unnecessary noise, as amended from time to time.
H. 
Truth of statements and affidavits; penalties.
[Added 9-17-2013 by Ord. No. 1349]
(1) 
All information and statements submitted to the City by any applicant or licensee pertaining to an intoxicating liquor or fermented malt beverage license shall be true.
(2) 
Submission of an application containing any untrue statement or affidavit shall be grounds for denial of such application. In addition, any person who submits in writing any untrue statement or affidavit to the City in connection with any such license or application shall be subject to prosecution for violation of this section. A license, if granted, shall be subject to revocation and, if such license is revoked, no intoxicating liquor or fermented malt beverage license of any kind or nature whatsoever shall thereafter be granted to such a person for a period of one year from the date of such revocation.
(3) 
Each individual application for an intoxicating liquor or fermented malt beverage license shall contain a statement concerning the provisions of this section and that a penalty is provided for any false statement or false affidavit supplied by any such applicant or licensee.
I. 
"Class B" licenses: sales for off-premises consumption.
[Added 3-20-2020 by Emergency Proclamation]
(1) 
Current holders of valid "Class B" intoxicating liquor licenses issued by the City of St. Francis shall also be entitled to sell intoxicating liquor in original packages or containers, in quantities of not more than four liters at any one time, to be consumed off the licensed premises; provided, however, that wine may be sold in the original package in any quantity to be consumed off the licensed premises.
(2) 
Any person who shall purchase any bottle or container of intoxicating liquor from any "Class B" intoxicating liquor licensee in the City of St. Francis shall be prohibited from consuming the contents of such bottle or container, either in part or in whole, on the licensed premises.
J. 
Intoxicated persons not to serve alcohol beverages. No person licensed under this chapter or under the supervision of any person licensed under this chapter shall serve alcohol on a licensed premises while intoxicated. “Intoxication,” for purposes of this section, shall mean having a blood alcohol content of 0.08 or more. Law enforcement officials shall be allowed to ask for preliminary breath test with probable cause. The provisions of § 125.07(2),Wis. Stats., regarding the sale of alcohol beverages to intoxicated persons in violation of this chapter is hereby adopted by reference and made an offense punishable as a violation of this Code.
[Added 7-6-2021 by Ord. No. 1475]
K. 
Temporary expansion of licensed premises. All licensees under this chapter granted approval by the Council to expand the licensed premises shall submit an application to the City Clerk/Treasurer together with a detailed plan of operation and the application fee established by resolution of the Common Council per event. A licensee applying for a temporary expansion of the licensed premises shall also provide a proposed site plan that includes a description of the method to be used during the requested temporary expansion to fence in the lands to be encompassed by the temporary expansion. In addition to complying with all alcohol laws and this chapter, licensees granted approval for a temporary expansion of licensed premises shall also be subject to such reasonable rules and regulations as established by the Licensing Committee upon recommendation of the Police Department, Fire Department, and/or the City’s Health Officer.
[Added 7-6-2021 by Ord. No. 1475]
The City Clerk shall notify the Chief of Police, Health Officer/Public Health Administrator, 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 each furnish to the Common Council in writing the information derived from such investigation accompanied by a recommendation as to whether a license here should be granted or refused. No license shall be renewed without a reinspection of the suitability of an applicant. Consideration shall be given to 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.
In addition to qualifications in Wisconsin Statutes:
A. 
Natural persons. No license shall be granted to any person or persons for the sale of any such malt beverage or intoxicating liquor who is not of good moral character and a full citizen of the United States and of this state.
(1) 
No license shall be granted or issued to any person who has been a petty law offender or who has been convicted of any offense against the laws of the United States or any laws of this state punishable by imprisonment in the state prison or other penal institution as felonies unless the person so convicted has been duly pardoned. The provisions of this subsection shall not apply to a Wisconsin corporation. Such provisions shall apply, however, to all officers and directors of such corporation.
(2) 
Whenever any license shall be revoked at least 12 months shall elapse before any other license shall be granted to the person whose license was revoked.
B. 
Restriction of corporations.
(1) 
No corporation organized under the laws of this state or of any other state or foreign country shall be given a license to sell in any manner any intoxicating liquor unless such corporation shall have first appointed, in such manner as the Commissioner of Taxation shall by regulation prescribe, as agent, a citizen of the United States who shall qualify the same as an applicant under Subsection A hereof and shall have vested in him, by properly authorized and executed written delegation, full authority and control of the premises described in the license of such corporation and of the conduct of all business therein relative to intoxicating liquor, as the licensee itself could in any way have and exercise if it were a natural person resident in the state, nor unless such agent is, with respect to his character and record and reputation, satisfactory to the State Treasurer.
(2) 
No license shall be granted to any corporation when more than 50% of the stock interest, legal or beneficial, is held by any person or persons not eligible for a license under this chapter, excepting the requirement herein as to residence in the City, and each corporation applicant shall file with its application for such license a statement by its officers showing the names and addresses of the persons who are stockholders not eligible for a license to sell intoxicating liquors, together with the amount of stock held by such person or persons, and it shall be the duty of such corporation applicant to file with the City Clerk a statement of transfers of stock to persons not eligible for a license to sell intoxicating liquors within 48 hours after such transfer of stock interest, legal or beneficial, to any person or persons not eligible for a license under this chapter.
(3) 
The provisions of this chapter shall not apply to duly organized fraternal organizations.
A. 
Under the authority granted in § 125.17, Wis. Stats., the City of St. Francis may grant operators' licenses for a period of one year. Such persons must meet all qualifications as would pertain to individuals found in this chapter.
B. 
Temporary operators' licenses may be granted if the qualifications of § 125.17(4), Wis. Stats., are met.
C. 
Provisional licenses may be issued to applicants who do not meet training course criteria set forth in § 125.17(6), Wis. Stats., provided that they meet all other criteria set forth in Subsection A herein. Such shall be valid for no more than 60 days. Such shall be issued by the City Clerk upon approval by the Administration Committee.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
License required. No person licensed to sell intoxicating liquors or fermented malt beverages at retail by virtue of the license granted pursuant to this chapter shall offer, suffer or permit in the place for which such license is granted any dancing, whether public or private, without having first procured a tavern dance hall license as provided in this section. This section shall not apply to premises licensed as public dance halls pursuant to Chapter 175, Amusements and Amusement Devices, of this Code.
B. 
Zoning area restrictions. No tavern dance hall license shall be issued to any person licensed to sell intoxicating liquors or fermented malt beverages at retail by virtue of the license granted pursuant to St. Francis ordinances in the place for which such license is granted, unless such place is located in a commercial business or manufacturing district, as defined in the St. Francis ordinances.[1] Any person, his heirs, assigns, transferees, and lessees to whom a tavern dance hall license has been previously issued for a place that is not located in the above-mentioned districts shall be regarded as a nonconforming license holder and shall be entitled to a tavern dance hall license upon application, provided that all other requirements of St. Francis ordinances are fulfilled.
[1]
Editor's Note: See Ch. 455, Zoning.
C. 
License. A tavern dance hall license, when issued by the City Clerk under the authority of the Common Council, shall entitle the holder thereof to permit dancing upon such licensed premises on Friday and Saturday nights or any night before the following legal holidays: January 1, May 30, July 4, November 11, the first Monday in September which shall be known as "Labor Day," and the fourth Thursday in November or the day appointed by the Governor as a day of public thanksgiving in each year; provided, however, that nothing herein contained shall be construed to authorize or permit entertainment, exhibitions or floor shows other than instrumental music and recorded phonograph music on such licensed premises, and any such entertainment, exhibitions or floor shows are hereby specifically prohibited. A special one-night license may be issued by the Chief of Police at a fee as provided by the current fee schedule on file with the City Clerk for each night. Not more than three such licenses shall be issued per license year for each location. Such location shall comply with all other requirements of this section, except that the square foot requirement of Subsection D may be reduced to 200 square feet.
D. 
Floor space requirements. No such tavern dance hall license shall be issued nor shall any public or private dancing be permitted unless such premises shall have 300 or more square feet of unobstructed continuous floor area available for dancing space. It shall be construed that the dancing space shall not include the area enclosed by an imaginary line six feet in front of any bar and the back bar wall, or the area within three feet of any part of an exit door, toilet room door or any exit passageway, or any other space or room which is not used exclusively by the public. Such open dancing space shall be used for dancing only and for no other purpose at the time the same is used for dancing purposes.
E. 
Fee and expiration. The fee for such tavern dance hall license shall be as provided by the current fee schedule on file with the City Clerk. Such tavern dance hall license shall expire on the 30th day of June after issuance, and the full license fee shall be charged for any such license issued on or before the first day of January.
F. 
The application for such license shall be filed with the City Clerk for presentation to the Common Council. Such application shall state the name and address of the applicant, the location at which such tavern dance hall is intended to be conducted, the name of the person or company owning the premises for which the permit is asked, and the type of license issued for such premises to sell intoxicating liquor or fermented malt beverages at retail. All such applications shall be accompanied by a receipt of the City Treasurer showing deposit with him of the license fee as provided by the current fee schedule. When such deposit is made with the City Treasurer, he shall issue a receipt therefor, stating thereon the amount of the deposit and the purpose for which it was made. Such receipt shall be attached to the application. The deposit on all applications denied by the Common Council or withdrawn by the applicant shall be refunded by the City Treasurer upon surrender of the deposit receipt certified by the City Clerk to the effect that such license application has been denied or withdrawn. When a license is granted by the Common Council, it shall be the duty of the City Treasurer to apply such deposit as full payment of the license applied for and granted.
G. 
Investigation and issuance. The provisions of § 175-3 of this Code respecting the investigation and issuance of licenses for public dance halls shall apply to applications for tavern dance hall licenses insofar as practical.
H. 
Closing hours. All public and private dancing and instrumental music conducted under the authority of a license issued pursuant to this section shall be discontinued between the hours of 1:00 a.m. and 10:00 a.m. of weekdays and 2:00 a.m. and 10:00 a.m. on Sundays and legal holidays as enumerated in Subsection C. There shall be no restriction to music on January 1 of each year.
I. 
Revocation of license. The license issued pursuant to this section shall be forfeited or revoked by the Common Council where the licensee permits disorderly or immoral conduct on the premises and it shall stand revoked without further proceedings upon the conviction of the person holding such license as maintaining a disorderly, riotous, indecent or improper house. If at any time the license issued pursuant to this section shall be forfeited or revoked, at least 12 months shall elapse before another such license shall be granted on the same premises to the same licenses.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Carry-in of alcohol beverages prohibited. When a special Class "B" fermented malt beverage license ("picnic license") has been granted by the City of St. Francis, no person shall have in his or her possession or consume on the premises any alcohol beverages not purchased under such license.
B. 
Confiscation. Any such beverages in violation of Subsection A shall be removed from the premises or confiscated by the St. Francis Police Department and, if confiscated, governed by § 125.14, Wis. Stats., as it may be amended from time to time.
[Added 8-1-2006 by Ord. No. 1222]
A. 
Any person or entity holding an alcohol beverage license governed by Ch. 125, Wis. Stats., other than a temporary or picnic license under this chapter must be open to the public for retail sale of beverages governed by this license for a minimum of 15 full business days, for a minimum of six hours per day, each and every month;
B. 
Any person or entity holding an alcohol beverage license identified under § 273-1 other than a temporary or picnic license under this chapter who fails to have the licensee's premises open to the public for retail sale of beverages governed by this license for a minimum of 15 full business days, for at a minimum of six hours per day, shall be subject to license suspension and/or revocation pursuant to the provisions of Subsection C.
C. 
Procedure for license revocation or suspension.
(1) 
Any resident of the City may file a sworn written complaint with the City Clerk alleging violation of this section.
(2) 
Summons. Upon the filing of the complaint, the municipal governing body or a duly authorized committee of the Common Council shall issue a summons, signed by the Clerk and directed to any peace officer in the municipality. The summons shall command the licensee complained of to appear before the municipal governing body or the committee on a day and place named in the summons, not less than three days and not more than 10 days from the date of issuance, and show cause why his or her license should not be revoked or suspended. The summons and a copy of the complaint shall be served on the licensee at least three days before the time at which the licensee is commanded to appear. Service shall be in the manner provided under Ch. 801, Wis. Stats., for service in civil actions in Circuit Court.
D. 
Procedure on hearing.
(1) 
If the licensee does not appear as required by the summons, the allegations of the complaint shall be taken as true and if the municipal governing body or the committee finds the allegations sufficient, the license shall be revoked. The Clerk shall give notice of the revocation to the person whose license is revoked.
(2) 
If the licensee appears as required by the summons and denies the complaint, both the complainant and the licensee may produce witnesses, cross-examine witnesses and be represented by counsel. The licensee shall be provided a written transcript of the hearing at his or her expense. If the hearing is held before the municipal governing body and the complaint is found to be true, the license shall either be suspended for not less than 10 days nor more than 90 days or revoked, except that, if a complaint under § 125.12(2)(ag)4, Wis. Stats., is found to be true with respect to a license issued under § 125.51(4)(v), Wis. Stats., the license shall be revoked.
(3) 
If the hearing is held before a committee of the Common Council, the committee shall submit a report to the Common Council, including findings of fact, conclusions of law and a recommendation as to what action, if any, the Common Council should take with respect to the license. The committee shall provide the complainant and the licensee with a copy of the report. Either the complainant or the licensee may file an objection to the report and shall have the opportunity to present arguments supporting the objection to the Common Council. The Common Council shall determine whether the arguments shall be presented orally or in writing or both. If the Common Council, after considering the committee's report and any arguments presented by the complainant or the licensee, finds the complaint to be true, or if there is no objection to a report recommending suspension or revocation, the license shall be suspended or revoked as provided under Subsection D(2).
(4) 
The Municipal Clerk shall give notice of each suspension or revocation to the person whose license is suspended or revoked.
(5) 
If the municipal governing body finds the complaint untrue, the proceeding shall be dismissed without cost to the accused. If the municipal governing body finds the complaint to be malicious and without probable cause, the costs shall be paid by the complainant. The municipal governing body or the committee may require the complainant to provide security for such costs before issuing the summons under § 125.12(2)(ar), Wis. Stats.
E. 
Effect of revocation. When a license is revoked under this section, the revocation shall be recorded by the Clerk and no other license issued under this chapter may be granted within 12 months of the date of revocation to the person whose license was revoked. No part of the fee paid for any license so revoked may be refunded.
F. 
Judicial review. The action of any municipal governing body in granting or failing to grant, suspending or revoking any license, or the failure of any municipal governing body to revoke or suspend any license for good cause, may be reviewed by the Circuit Court for the county in which the application for the license was issued, upon application by any applicant, licensee or resident of the municipality. The procedure on review shall be the same as in civil actions instituted in the Circuit Court. The person desiring review shall file pleadings, which shall be served on the municipal governing body in the manner provided in Ch. 801, Wis. Stats., for service in civil actions and a copy of the pleadings shall be served on the applicant or licensee. The municipal governing body, applicant or licensee shall have 45 days to file an answer to the complaint. Following filing of the answer, the matter shall be deemed at issue and hearing may be had within five days, upon due notice served upon the opposing party. The hearing shall be before the court without a jury. Subpoenas for witnesses may be issued and their attendance compelled. The decision of the court shall be filed within 10 days after the hearing and a copy of the decision shall be transmitted to each of the parties. The decision shall be binding unless it is appealed to the Court of Appeals.
A. 
License required. There is hereby created a license to be called "underage tavern license" which may be granted only to holders of Class B licenses. No Class B license holder may allow underage persons on the premises without first obtaining an underage tavern license.
B. 
Application. Any holder of a Class B license who wishes to allow underage persons on the premises shall make application to and on forms provided by the City Clerk. The City Clerk is authorized to consult with the Administration Committee and devise and revise from time to time any application form. Each application shall be submitted to the City Clerk at least 15 days prior to issuance. Notice of the application shall be published as a Class 1 notice. The Administration Committee shall consider the application and the Common Council shall authorize the City Clerk to issue the license.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Fee. A nonrefundable license fee as provided by the current fee schedule on file with the City Clerk shall accompany each application.
D. 
Terms and conditions of license.
(1) 
Period. The license is for a period of one year or part thereof and shall expire on June 30 following its issuance.
(2) 
Consent to inspection. All license holders consent to inspection of premises and consent forms at any reasonable hour by police officers.
(3) 
Notification. The holder of the license shall notify in writing the Police Department and City Clerk at least 48 hours in advance of the dates and hours when underage persons will be allowed on the premises and the name and address of the adult supervisor. The licensee may also comply by annually filing notification for specific dates during the licensing period.
(4) 
Supervision. There must be at least one adult supervisor, 25 years or older, on the premises during the period of the activities permitted by the licensee.
(5) 
Hours. The license holder shall not allow any person on the premises in violation of the curfew ordinance.[2] Licensed activities shall be held between the hours of 2:00 p.m. and 11:00 p.m.
[2]
Editor's Note: See Ch. 303, Minors, § 303-1, Curfew.
(6) 
Ages. No license holder shall allow any persons age 14 or under nor age 21 or older upon the premises for the licensed activity, except for the license holder, employees of the license holder, supervisors and the parents or guardians of any patrons. With the above exceptions, only persons age 15 to 20 may be on the premises.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(7) 
Securing alcoholic beverages. One of the following must be done prior to opening of the premises and continue during the entire period of the licensed activity:
(a) 
Removal of all alcohol beverages from the premises.
(b) 
Securing all alcohol beverages in a locked compartment and disconnection of all alcohol beverage dispensers.
(8) 
No alcohol consumed. No alcohol may be on the person, in the custody of or consumed by anyone on the licensed premises nor sold or given away to any person regardless of age during the period of the licensed activity.
(9) 
Compliance with other license requirements. The license holder shall procure all other City licenses that are usually required for dancing, entertainment and live music, but no occasional dance permits shall be granted.
(10) 
Private uniformed security personnel shall be on the premises when open under this section, at the owner's expense.
E. 
Qualifications. No person may hold a license if either the licensee or any employee of the licensee meets any of the following:
(1) 
Has been convicted of a felony.
(2) 
Has been convicted of any violation of Ch. 125, Wis. Stats., or any other alcohol-related statute.
(3) 
The person's fitness or moral character is not appropriate for the trust to be reposed.
F. 
Definition. "Premises" includes both the inside of the building and so much of the outside of the building as is owned or occupied by the license holder.
G. 
Revocation or suspension. Section 125.12, Wis. Stats., shall apply to proceedings to revoke or suspend underage tavern licenses. Licenses may be revoked or suspended for violations of the terms and conditions of the license or for other cause. The Council may initiate the procedure on its own motion.
In addition to the suspension or revocation of a license issued under this chapter, any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided by § 1-4 of this Code.