City of Waterloo, WI Intoxicating Liquor and Fermented Malt Beverages

The Clerk-Treasurer may issue a new, renewal or provisional operator's license to a person:

[Amended 5-21-2020 by Ord. No. 2020-03]

(a)

Enrolled in said training course and shall revoke such license if the applicant fails to successfully complete the course.

(b)

Who at the time of applying and paying the fee, files a certified copy of a valid operator's license issued by another municipality as provided in § 125.17(5)(a)2,Wis. Stats.

Provisional operator's license. Fees are as stated in the City of Waterloo Fee Schedule for a license up to 60 days. (See also Subsection H above.)

Temporary license. Fees are as stated in the City of Waterloo Fee Schedule for a license up to 14 days. The Clerk-Treasurer shall issue temporary licenses.

Transfer of license to another premises. Fees are as stated in the City of Waterloo Fee Schedule.

[1]

Editor's Note: The Fee Schedule is on file at the office of the City Clerk-Treasurer.

§ 223-6 Application for operator's license.

[Amended by Ord. No. 90-8; Ord. No. 97-4; 5-21-2020 by Ord. No. 2020-03]

All applications for a bi-yearly operator's license shall be filed in the office of the Clerk-Treasurer on or before May 31 of odd-numbered years; said license will expire on June 30 of the next odd-numbered year. License fees shall not be prorated even though the licenses are issued for less than a full term.

§ 223-7 License required.

No person shall vend, sell, deal or traffic in or, for the purpose of evading any law or ordinance, give away any liquor or fermented malt beverages, or cause the same to be done, without having procured a license as provided in this chapter nor without complying with all provisions of this chapter and all statutes, ordinances and regulations applicable thereto. A license shall be required for each stand, place, room or enclosure or for each suite of rooms or enclosures which are in direct connection or communication with each other where liquor and fermented malt beverages are kept, sold or offered for sale; no license shall be issued to any person for the purpose of possessing, selling or offering for sale any liquor or fermented malt beverage in any dwelling, house, flat or residential apartment.

§ 223-8 Qualifications.

Natural persons. Licenses related to alcohol beverages, issued to natural persons under this chapter, may be issued only to persons who:

Do not have an arrest or conviction record, subject to §§ 111.321, 111.322 and 111.335, Wis. Stats.

Have been residents of this state continuously for at least 90 days prior to the date of filing the application for license, except that Class B licenses may be issued to a person who has been a resident of the state continuously for 90 days prior to the date of the application.

[Amended 9-20-2007 by Ord. No. 2007-18]

Have attained the legal drinking age, except that operators' licenses may be issued to persons who have attained the age of 18.

Have successfully completed a responsible beverage server training course approved by the Wisconsin Department of Revenue or are otherwise exempt from such requirement under § 125.17(6)(a), Wis. Stats.

[Added by Ord. No. 95-2; amended 5-21-2020 by Ord. No. 2020-03]

Criminal offenders. No license or permit related to alcohol beverages may, subject to §§ 111.321, 111.322 and 111.335, Wis. Stats., be issued under this chapter to any natural person who has been convicted of a felony unless the person has been duly pardoned.

Corporations. No license or permit may be issued to any corporation unless the agent of the corporation appointed under § 125.04(6), Wis. Stats., and the officers and directors of the corporation meet the qualifications of Subsections A(1) and (3) and B above, except that Subsection A(2) does not apply to agents.

§ 223-9 Intoxicating liquor license quotas.

[Amended by Ord. No. 91-6; Ord. No. 96-11]

The number of "Class B" intoxicating liquor licenses to be issued hereunder is limited to the number permitted under § 125.51(4), Wis. Stats.

The definitions of the terms "license," "population" and "quota" shall be as set forth in § 125.51(2) and (4), Wis. Stats.

The City may issue licenses exceeding its quota as provided for in § 125.51(4)(v), Wis. Stats., as amended from time to time. For purposes of applying the provisions thereof, the seating capacity of a 300 or more person, full-service restaurant shall be determined based upon the actual seat count in the restaurant facility, including the table seating, bar seats, and waiting areas. Where seating is provided for by bench seating, the count shall be one person for each 18 inches of bench width; and where seating is provided by booth, the count shall be one person for each 24 inches of booth width.

[Added 3-6-2008 by Ord. No. 2008-04]

§ 223-10 License conditions and restrictions.

In addition to the conditions and restrictions imposed by state law on the granting of Class A and Class B fermented malt beverage licenses and intoxicating liquor licenses hereunder, the following conditions and restrictions shall apply:

Consent to inspection of premises. It shall be a condition of any license issued hereunder that the licensed premises may be entered and inspected at any reasonable hour by any police officer of the City without any warrant, and the application for a license hereunder shall be deemed a consent to this provision. If such inspection is denied, such denial shall be deemed a violation of this chapter.

Violation by agents or employees. A violation of this chapter by a duly authorized agent or employee of a licensee shall constitute a violation of the licensee.

Sales to underage persons prohibited. No alcohol beverage shall be sold, dispensed, given away or furnished to any underage person unless he is accompanied by a parent, guardian or spouse who has attained the legal drinking age.

Sales by clubs. No club shall sell intoxicating liquors or fermented malt beverages except to members and guests invited by members.

Commencement of operations. Within 90 days after the issuance of a "Class B" intoxicating liquor license or a Class "B" fermented malt beverage license, the licensee shall be open for business with adequate stock and equipment. Upon his failure to do business within such time, his license shall be subject to revocation by the Council after a public hearing. The Council may, for a good cause shown, extend such ninety-day period.

Revocation and refusal to renew inactive liquor licenses. It shall be deemed a ground for nonrenewal or revocation of any license issued under this section, in addition to those grounds specified in § 125.12, Wis. Stats., if any of the following conditions at any time exist:

[Amended 4-20-2006 by Ord. No. 2006-05]

If the licensee is not conducting the business of the sale, or the offering for sale, of alcohol beverages on the licensed premises during the month immediately preceding the close of the license year; provided, however, that this shall have no application where the business is closed due to fire or other casualty occurring to the licensed premises.

If the license holder of the Class B retailers’ license for the sale of fermented malt beverages (Class “B”) and intoxicating liquors (“Class B”) has not sold or offered for sale alcohol beverages on the licensed premises for a minimum of 90 days during the license year immediately preceding the license year for which the application for a renewal is made.

If the licensee loses physical possession or occupation of the licensed premises through a judgment of foreclosure, seizure under a writ or execution or attachment to satisfy a judgment of record, assignment for the benefit of creditors, adjudication of the United States Bankruptcy Court, termination of a lease or rental agreement, or abandonment by the licensee.

Transfer of license. No license shall be transferable from person to person except as provided in § 125.04(12)(b), Wis. Stats., or from place to place, except as provided in § 125.04(12)(a), Wis. Stats.

Safety and health requirements. No retail Class B license shall be issued unless the premises to be licensed conform to the sanitary, safety and health requirements of the State Building Code, the State Plumbing Code and the rules and regulations of the State Department of Health and Family Services applicable to restaurants, and also shall conform to all ordinances and regulations of the City.

Clear view of premises required. Except as otherwise provided in this section, all windows in the front of any licensed premises shall be of clear glass, unobstructed by any signs, advertising material or venetian blinds, and the premises shall be so arranged as to furnish a clear view of the entire premises from the sidewalk at all times.

City taxes and claims. No license shall be granted for operation on any premises upon which personal property taxes or assessments or other financial claims of the City are delinquent and unpaid.

Disorderly conduct and gambling prohibited. Each licensed premises shall at all times be conducted in an orderly manner, and no disorderly, riotous or indecent conduct or gambling shall be allowed at any time on any licensed premises.

Wearing apparel. All persons involved in the operation of any licensed premises under this chapter, whether as licensee, member of the immediate family of the licensee, licensed operator, unlicensed operator under the supervision of the licensee or licensed operator, waiter, waitress, entertainer, dancer or any other employee, shall observe the following applicable minimum standards for such licensed premises:

The costume, uniform or attire of any female shall be of nontransparent material and must completely cover the breasts at all times. The lower portion of such costume, uniform or attire must be of nontransparent material and completely cover the mons pubis genitals and the buttocks at all times.

The costume, uniform or attire of any male shall be of nontransparent material and must completely cover the pubic area, genitals and buttocks at all times.

Posting of licenses required. Licenses or permits issued under this chapter shall be posted and displayed as provided in § 125.04(10), Wis. Stats., and any licensee or permittee who shall fail to post his license or permit as therein required shall be presumed to be operating without a license.

Dancing regulated. No dancing shall be permitted upon premises licensed under this chapter by patrons or entertainers unless permitted under Chapter 172 of this Code.

§ 223-11 Closing hours.

No premises for which an alcohol beverage license has been issued shall remain open for the sale of alcohol beverages as follows:

Wholesale license: between 5:00 p.m. and 8:00 a.m., except Saturdays when the closing hour shall be 9:00 p.m.

Retail "Class A" or Class "A" license: between 9:00 p.m. and 6:00 a.m.

[Amended 3-15-2012 by Ord. No. 2012-01]

Retail Class B license. No premises for which a retail Class B liquor and malt beverage license has been issued shall be permitted to remain open for sale of alcohol beverages between the hours of 2:00 a.m. and 6:00 a.m. on Monday through Friday and between the hours of 2:30 a.m. and 6:00 a.m. on Saturday and Sunday.

[Amended by Ord. No. 1-00]

Hotels and restaurants. Hotels and restaurants, the principal business of which is the furnishing of food and/or lodging to patrons, shall be permitted to remain open after closing hours for the conduct of regular business but shall not sell alcohol beverages during the closing hours stated in Subsection C above.

Presence on premises after closing hour restricted.

Any person who is not an employee of the licensee who remains on the premises after the designated closing hour is subject to the penalties as provided in this chapter.

Any person, while on the premises after closing hours, must be actively engaged in bona fide business activities and may not consume alcohol beverages.

§ 223-12 Sale of Class B packaged goods.

Sale restrictions. Pursuant to § 125.51(3)(b), Wis. Stats., no person may sell intoxicating liquor in an original unopened package, container or bottle for consumption away from the premises in excess of four liters at any one time on any premises for which any "Class B" intoxicating liquor license or combination Class B alcohol beverage license has been issued. However, packaged goods sales of fermented malt beverages and wine from such premises may be made in any quantity.

Hours of sale. Between the hours of 12:00 midnight and 6:00 a.m., no person may sell any packaged goods from any Class B licensed premises.

[Amended 3-15-2012 by Ord. No. 2012-01]

§ 223-13 Underage persons in places of sale.

Restrictions. Pursuant to § 125.07(3), Wis. Stats., an underage person not accompanied by his parent, guardian or spouse who has attained the legal drinking age may not enter or be on any premises for which a license or permit for the retail sale of alcohol beverages has been issued for any purpose except the transaction of business pertaining to the licensed premises with or for the licensee or his employee. The business may not be amusement or the purchase, receiving or consumption of edibles or beverages or similar activities which normally constitute activities of a customer of the premises.

Exceptions. Subsection A above shall not apply to:

An underage person who is a resident, employee, lodger or boarder on the licensed premises.

An underage person who enters a Class A premises for the purpose of purchasing edibles and soft drinks and immediately thereafter leaves such premises.

Hotels, drugstores, grocery stores or bowling alleys or athletic fields or stadiums owned by a county or municipality.

Licensed restaurants where the principal business is that of a restaurant.

(5)

A person who is at least 18 years of age and who is working under a contract with the licensee to provide entertainment for customers on the premises.

(6)

An underage person who enters on Class "B" or "Class B" premises on dates specified by the licensee when no alcohol beverages will be consumed, sold or given away. The licensee shall notify the Police Department of such specified dates; unless all alcohol beverages are stored in a locked portion of the premises, the licensee or a licensed operator must be on the premises at all times.

§ 223-14 Consumption and possession by underage persons.

Restrictions. Pursuant to § 125.07(4)(b) and (bm), Wis. Stats., no underage person not accompanied by a parent, guardian or spouse who has attained the legal drinking age may knowingly possess or consume alcohol beverages.

Exceptions. An underage person may possess alcohol beverages if employed by any of the following:

A brewer.

A fermented malt beverages wholesaler.

A permittee other than a Class "B" or "Class B" permittee.

A facility for the production of alcohol fuel.

(5)

A retail licensee or permittee under the conditions specified in § 125.32(2) or 125.68(2), Wis. Stats., or for delivery of unopened containers to the home or vehicle of a customer.

(6)

A campus, if the underage person is at least 18 years of age and is under the immediate supervision of a person who has attained the legal drinking age.

Selling or serving alcohol beverages. Pursuant to §§ 125.32(2) and 125.68(2), Wis. Stats., any underage person who is at least 18 years of age may sell or serve alcohol beverages on any Class A or Class B premises, provided that such underage person is under the immediate supervision of the licensee, agent or manager, or a licensed operator, who is on the premises at the time of such sale or service.

§ 223-15 Revocation and suspension of licenses.

Procedure. Except as hereinafter provided, the provisions of § 125.12(2) and (3), Wis. Stats., shall be applicable to proceedings for revocation or suspension of licenses or permits granted under this chapter. Revocation or suspension proceedings may be initiated upon written complaint by the Mayor or the Chief of Police or by the Council upon its own motion.

Repossession of license or permit. Whenever any license or permit shall be revoked or suspended pursuant to this section, the Clerk-Treasurer shall notify the licensee or permittee and the Chief of Police of such revocation or suspension, and the Chief of Police or his designee shall take physical possession of the license or permit wherever it may be found and file it in the office of the Clerk-Treasurer.

Effect of revocation of license. No license shall be issued to any person who has had a license issued pursuant to this chapter revoked within 12 months prior to application.

§ 223-16 Nude dancing in licensed establishments.

[Added by Ord. No. 99-4]

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:

Shows his or her genitals, pubic area, vulva, anus, anal clef or cleavage with less than a fully opaque covering.

Shows any portion of the female breast below a point immediately above the top of the areola.

Shows the covered male genitals in a discernibly turgid state.

Exemptions. The provisions of this section do not apply to licensed establishments such as 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 of 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.

Definitions. For purposes of this section, the following definitions apply:

LICENSED ESTABLISHMENT

Any establishment licensed by the City to sell alcohol beverages pursuant to Ch. 125, Wis. Stats.

LICENSEE

The holder of a retail "Class A," "Class B," Class "B," Class "A" or "Class C" license granted by the City pursuant to Ch. 125, Wis. Stats.

Penalties. Any person who violates any of the provisions of this section shall be subject to a forfeiture of not less than $200 and not more than $1,000 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 section constitutes sufficient grounds for suspending, revoking or nonrenewing an alcohol beverage license under § 125.12, Wis. Stats.

§ 223-17 Violations and penalties.

Except as otherwise specifically provided in this chapter, any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a forfeiture as provided in Chapter 1, § 1-4 of this Code.

§ 223-18 Full-service restaurants.

[Added 1-15-2009 by Ord. No. 2009-01]

An establishment meeting the definitions of and requirements for a restaurant provided by § 254.61(5) and 254.61(5m), Wis. Stats., may be eligible for a liquor license when meeting the following criteria:

Three hundred or more persons can be seated on the premises:

Bench seats must allow for 18 inches per person.

The three-hundred-person seating may be met by seating for no more than 30 persons outside.

If three-hundred-person seating includes outdoor seating, boundaries of the outdoor seating area must be clearly delineated by a continuous permanent barrier, which may include gates with functional closure mechanisms.

The outdoor portion of three-hundred-person seating must include protection from the weather, such as awnings, roofs, or canopies for a minimum of 10 seats.

Outside seating that is not part of the three-hundred-person seating must be clearly delineated by continuous barriers no less than three feet high (permanent or temporary fencing or walls); gates are acceptable if they have operating closure mechanisms.

The building is a permanent structure and documented to conform to municipal code.

The building has functional electric wiring to code.

Plumbing is functional, and connected to City water and sewer pipelines.

Bathrooms meet the following criteria:

Handicapped accessible.

Sinks and toilets are permanent fixtures.

Plumbing is connected to City water and sewer.

At least two separate bathrooms (male and female, or unisex).

Kitchens must meet Health Department standards if meals are prepared on the premises; otherwise not required if food is catered or sold but not prepared on premises.

Hours of operation as provided by § 254.61, Wis. Stats. (event-based or scheduled) must be specified at time of application for a liquor license.

Customers may not be discriminated against by gender, race, creed, political affiliation, sexual orientation, religious beliefs, or membership in a club or registered organization: