Chapter 5.24
INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGES

Sections:

5.24.010    State statutes adopted.

Article I. Licensing

5.24.020    License fees.

5.24.030    Background checks.

5.24.040    Premises license application.

5.24.050    Premises inspection.

5.24.060    Restrictions on granting premises licenses.

5.24.070    Operator’s (bartender’s) license—Requirements.

Article II. Regulations

5.24.080    Restrictions on operation of licensed premises.

5.24.090    Sales and use of fermented malt beverages and intoxicating liquor on public property and parking lots prohibited.

5.24.100    Breweries.

5.24.110    Suspension and revocation.

5.24.120    Severability.

5.24.010 State statutes adopted.

A.    1.    Chapter 125. The provisions of Chapter 125, Wisconsin Statutes, relating to the sale of intoxicating liquor and fermented malt beverages, and any subsequent amendments, exclusive of any provisions thereof relating to the penalty to be imposed or the punishment for violation of such statutes, are adopted and made a part of this chapter by reference. The city does not adopt the provision of Section 125.51(3)(b), Wisconsin Statutes, allowing the sale of intoxicating liquor by retail “Class B” licensees for consumption off-premises.

2.    The city has created a premier economic development district as provided under Section 125.51(4)(u), Wisconsin Statutes, as set forth in Ordinance No. 2531-18.

B.    The provisions of Section 139.08(4), Wisconsin Statutes, authorizing inspection for enforcement of Chapters 125 and 139, Wisconsin Statutes, during all reasonable hours, and Section 139.22, Wisconsin Statutes, authorizing seizure of alcohol beverages which violate Sections 139.01 to 139.25 and Chapter 125, Wisconsin Statutes, are adopted and made part of this chapter by reference.

C.    Penalty for Violation of This Chapter. Any person, firm, partnership, or corporation who violates any part of this chapter shall be subject to the penalty and enforcement provisions in Chapter 1.12.

Municipal Code Violation/Statutory Counterpart

Statute

5.24.010(C)

01

Sale of fermented malt beverages by Class “A” between midnight to 6 a.m.

125.32(3)

 

02

Class “B” fermented malt beverages open/patrons on premises between 2 a.m. and 6 a.m. M—F, 2:30 a.m. and 6 a.m. Saturday and Sunday, January 1st excepted

125.32(3)

 

03

“Class B” intoxicating liquor hours of operation

125.68(4)

 

04

Underage—sale to

125.07(1)(a)

 

05

Underage—purchase or possession by

125.07(4)(a) and (b)

 

06

Underage—presence in place of sale

125.07(3)

 

07

Underage—consumption and possession

125.07(4)(b) and (bm)

 

08

Possess, consume on school grounds

125.09(2)

 

09

Misrepresent age

125.085(3)(b)

(Ord. 2552-19 § 16, 2019; Ord. 2531-18 §§ 3, 4, 2018; Ord. 2500-18 § 1, 2018; Ord. 2478-17 § 1 (Exh. A) (part), 2017)

Article I. Licensing

5.24.020 License fees.

License fees are found at Section 3.24.050(B). No application will be processed until it is fully completed and the background check fees and publishing cost, if required, are paid. No license shall be issued until the license fees have been paid. (Ord. 2478-17 § 1 (Exh. A) (part), 2017)

5.24.030 Background checks.

The city conducts a background check on every applicant. There is an additional fee for the background check. If you have not lived in Wisconsin any time in the five years before applying, you will be charged an additional amount for background checks in each of those states. (Ord. 2478-17 § 1 (Exh. A) (part), 2017)

5.24.040 Premises license application.

A.    Application for a license to sell or deal in alcohol beverages shall be made in writing on the form prescribed by Section 125.04(3), Wisconsin Statutes, and shall be filed, together with the cost of publication as provided by Section 3.24.050(B), with the city clerk not less than fifteen (15) days prior to the granting of the license. Applications for licenses to be issued under Sections 125.26(6) and 125.51(10), Wisconsin Statutes, (picnic) shall be filed with the city clerk at least four weeks before the event, unless the same event has been approved previously, but even in those instances not less than five business days prior to the event.

B.    Provisional Premises. The city clerk is the official who grants or revokes a provisional retail license.

C.    Temporary Class “B” (Fermented Malt Beverage) and “Class B”—Wine (Picnic License). The city clerk shall have the authority to approve requests for temporary Class “B” fermented malt beverage and temporary “Class B”—wine licenses under Sections 125.26(6) and 125.51(10), Wisconsin Statutes, for those events for which common council approval may not be obtained in a timely manner and for which the applying organization has obtained approval by the council for previous similar events.

D.    Timing for Premises Applications for “Class B” Licenses.

1.    a.    Applicants may apply for a “Class B” intoxicating liquor license no more than ninety (90) days before occupancy and opening. This subsection does not apply to temporary licenses issued under Section 125.51(10), Wisconsin Statutes.

b.    Upon the granting of a “Class B” intoxicating liquor license, the licensee shall meet all conditions set forth in Chapter 125, Wisconsin Statutes, and the Brookfield Municipal Code and pay the license fee, prior to issuance of the license, within ninety (90) days of filing the application with the city clerk. Failure to do so is grounds for revocation of the license. This provision does not apply to premises where operation is delayed by construction lasting ninety (90) days or more as verified by the inspection services department as provided in subsection (D)(2) of this section.

2.    a.    For premises construction that will take more than ninety (90) days, an applicant may, after receiving approval of its plan and method of operation from the common council, apply for a “Class B” intoxicating liquor license. The common council may grant the license with the condition that it will not be issued until the applicant meets the qualifications set forth in Chapter 125, Wisconsin Statutes, and the Brookfield Municipal Code, pays the licensee fee, receives an occupancy permit pursuant to Section 15.04.290, and receives fire department approval. No application will be considered under this provision unless it is accompanied by a construction timeline and the inspection services department verifies the accuracy of the timeline. The construction timeline shall include the time frame for installation of footings and foundation, framing, roofing, plumbing and electrical systems, flooring, and fixtures, as well as a projected date for the issuance of an occupancy permit.

b.    No such license granted under subsection (2)(a) of this section may be renewed unless the inspection services department verifies, in its sole discretion, that construction is occurring in a manner consistent with the timeline submitted with the licensee’s initial application. If the department determines that construction is not occurring in a manner consistent with the timeline, the building permit is revoked pursuant to Section 15.04.190, or the building permit lapses pursuant to Section 15.04.220, grounds shall exist for revocation or nonrenewal of the license.

c.    If a license has been granted under subsection (2)(a) of this section, the licensee shall meet all conditions set forth in Chapter 125, Wisconsin Statutes, and the Brookfield Municipal Code, obtain an occupancy permit, receive approval from the fire department, and pay the license fee within eighteen (18) months of the date of the initial granting of the license. Failure to do so is grounds for revocation of the license. If the common council finds that good cause exists, it may grant the licensee one extension of sixty (60) days to meet the aforementioned qualifications upon written request of the licensee filed with the clerk.

d.    No license may be granted under subsection (2)(a) of this section if there are three or less “Class B” intoxicating liquor licenses available in the city. (Ord. 2530-18 § 1, 2018; Ord. 2478-17 § 1 (Exh. A) (part), 2017)

5.24.050 Premises inspection.

Except as provided in Section 5.24.040(D)(2) for premises where construction will take more than ninety (90) days, the city clerk shall notify the fire department chief and inspection services of Class B and “Class C” applications and these officials shall inspect or cause to be inspected each premises to determine whether it complies with the regulations, ordinances and laws applicable thereto. These officials shall report to the clerk whether the premises meet the department requirements. No license shall be renewed without a re-inspection of the premises. (Ord. 2530-18 § 2, 2018)

5.24.060 Restrictions on granting premises licenses.

A.    In determining the suitability of an applicant, consideration shall be given to the appropriateness of the location and premises where such licensed business is to be conducted, the applicant’s fitness for the trust to be reposed and the best interest of the city’s economic health and welfare.

B.    Right to Possession Required. No applicant shall be considered unless the applicant has the right to possession of the premises described in the application for the license by lease, deed, or, if the premises owner is a governmental entity, a management agreement that grants the applicant the right to manage the operations of the premises. A copy of the lease, deed, or management agreement that demonstrates proof of right of possession for the license period shall be provided with an applicant’s application. Loss of the right of premises subjects the license to revocation.

C.    Business Type Limitations. Fast food and casual dining restaurants are limited to applying for “Class A”—cider only, Class “B” (fermented malt beverage), and “Class C” (wine) licenses. For purposes of this chapter, fast food and casual dining restaurants means a restaurant where the food is pre-prepared or rapidly prepared upon ordering and the customer interaction and transaction generally occurs at a centralized location such as a counter or drive-up window.

D.    Provisional retail licenses will be granted only to those applicants who:

1.    Meet the provisions of subsection (C) of this section and Section 125.68(3), Wisconsin Statutes. Any premises requiring a location waiver may not apply for a provisional license;

2.    Can prove they have a right to occupy the premises;

3.    Do not have a suspended or revoked alcohol beverage license in the city;

4.    Have not been denied an alcohol license by the city;

5.    Have obtained an occupancy permit; and

6.    Provide a sworn affidavit that they are not a habitual law offender or convicted felon as defined herein. Habitual law offender means having multiple convictions or pending charges within a relatively short period of time including municipal ordinance violations, felonies or misdemeanors, and driving while under the influence of alcohol or controlled substance. (Ord. 2563-19 § 1, 2019; Ord. 2530-18 § 3, 2018; Ord. 2478-17 § 1 (Exh. A) (part), 2017)

5.24.070 Operator’s (bartender’s) license—Requirements.

A.    Applicants for an operator’s license are required to complete an application on a form provided by the clerk’s office and disclose all criminal (felony and misdemeanor) and civil convictions as well as any arrests for which charges are pending.

B.    The city clerk is directed to provide each applicant a copy of the standards the legislative and licensing committee and council utilizes in granting licenses.

C.    Operator’s licenses are issued for a period of two years for all applicants.

D.    Provisional License.

1.    The city clerk is the official charged with issuing and revoking a provisional operator’s license. A provisional license requires an additional fee.

2.    Standards for provisional license, unless applicant has a certified copy of a license issued by another municipality:

a.    The applicant has applied for an operator’s license;

b.    The applicant for a provisional operator’s license must furnish a sworn statement stating that he/she has not been a habitual law offender or been convicted of a felony unless duly pardoned;

c.    No provisional operator’s license may be issued to a person who has been previously denied an operator’s license by the council.

d.    Applicant must provide evidence of completion or enrollment in responsible beverage server course. (Ord. 2498-18 § 1, 2018; Ord. 2478-17 § 1 (Exh. A) (part), 2017)

Article II. Regulations

5.24.080 Restrictions on operation of licensed premises.

A.    The licensee shall conduct the sale of all alcohol products in conformance with Chapters 125 and 139, Wisconsin Statutes.

B.    Inspection and Search. 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.

C.    Disorderly Conduct Prohibited.

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

2.    It is unlawful for any licensee, or manager or agent of the licensee, to permit any employee, entertainer or patron to engage in or exhibit on the licensed premises any adult entertainment which requires a license under Chapter 5.04. Any licensee who violates the provisions of this subsection shall be subject to liquor license suspension, revocation or nonrenewal as provided by Sections 125.10(1) and 125.12(1), Wisconsin Statutes.

D.    Structural Alterations Prohibited Without Approval. No structural alteration which creates an expansion of or changes to the licensed area shall be permitted without approval of the legislative and licensing committee.

E.    If a “Class B” intoxicating liquor license issued hereunder is not used within thirty (30) days after its issuance or its usage is discontinued for a period of thirty (30) days or more, such situation is grounds for revocation of the license.

F.    No alcohol may be sold or served through a drive-thru window. (Ord. 2530-18 § 4, 2018; Ord. 2478-17 § 1 (Exh. A) (part), 2017)

5.24.090 Sales and use of fermented malt beverages and intoxicating liquor on public property and parking lots prohibited.

A.    No person shall consume or sell any alcohol beverage in or upon any of the following, except as provided in subsection (C) of this section:

1.    Any public street, alley, sidewalk, street crossing, bridge, public playground, public park or public parking lot;

2.    Any premises held out to the public for the use of their motor vehicles whether such premises are publicly or privately owned. This shall include the parking lots of all alcohol beverage licensees or permittees.

This prohibition shall not apply to community functions or events authorized by specific action of the council, authorized by the park authorities under Section 12.24.060 or the Sharon Lynne Wilson Center for the Arts leasehold under the license issued to the Center.

B.    All purchases of alcohol beverages by the glass or in open containers shall be consumed on the licensed premises where served and shall not be removed to any of the places described in subsection (A) of this section.

C.    Regulation of Online Sales on Licensed Premises.

1.    Definitions.

a.    “Licensed operator” shall mean any person who is authorized to serve or sell alcohol beverages, pursuant to Sections 125.32(2) and 125.68(2), Wisconsin Statutes.

b.    “Online” shall mean a website or application or any other electronic or telecommunication means.

c.    “Order pickup program” means the sale or transaction and the pickup or delivery to a vehicle of an order for retail products, including food and beverages, placed online at an establishment licensed under this chapter.

2.    No establishment shall allow alcohol beverages ordered online to be picked up through an order pickup program without obtaining a license or premises amendment as set forth herein.

3.    Prior to initiating an order pickup program, all applicants shall file a detailed plan of operation with the city clerk for the order pickup program which is separate from the plan and method of operation required under Title 17. Current licensees shall file the plan with a request to amend their premises description. New license applicants shall file the plan with their original application. The plan of operation shall include:

a.    A description in detail how the order pickup program will function;

b.    A drawing of the entire premises to scale with the areas for the order pickup program designated on the drawing, along with their dimensions and the north point and date;

c.    The licensee’s or applicant’s protocol and policies for assuring that underage persons and intoxicated persons do not pick up alcohol ordered online;

d.    The licensee’s or applicant’s information on the equipment, policies, and protocols to ensure that licensed operators complete the sale and pickup;

e.    Whether the licensee or applicant intends to hold tasting events in the order pickup area;

f.    The pickup hours; and

g.    Whether the licensee or applicant intends to have a waiting period between order time and pickup time.

4.    All completed applications that meet the requirements of subsection (C)(3) of this section shall be referred to the legislative and licensing committee for consideration. Upon considering the application, the committee shall inform the Brookfield common council of its recommendation, if any, in regard to the amendment or application. The council shall determine whether the application shall be granted or denied. After approval of the application by the council, the city clerk shall issue to the applicant an amended license or license, subject to the requirements of this chapter.

5.    Any alteration, change, or addition to the application or plan of operation shall be referred to the legislative and licensing committee and approved by the council. The council may change all or part of the plan of operation or may impose additional requirements to address problems created by the licensee’s operation. No licensee shall alter, change, or add to its application or plan of operation without the council’s approval.

6.    All online order pickup programs involving alcohol beverages shall comply with the following:

a.    The sale shall be consummated in a face-to-face transaction on the licensed premises, and payment may not be completed until the purchaser is at the licensed premises.

b.    A licensed operator employed by the alcohol beverage licensee shall verify that the purchaser’s photo identification is valid and shows that the purchaser is twenty-one (21) years of age or older.

c.    The licensed establishment shall utilize a payment transaction system that allows the alcohol beverage portion of the transaction to be denied without affecting the sale of the remainder of items ordered online, if any.

d.    The licensed establishment shall capture and retain an image of the vehicle into which a pickup order involving the sale of alcohol beverages is being loaded for thirty (30) days. Such images shall be made available to the Brookfield police department or another law enforcement agency upon request.

e.    The licensed establishment shall record and retain the following information for thirty (30) days. Such information shall be made available to the Brookfield police department or another law enforcement agency upon request:

i.    The name of the purchaser.

ii.    The type of identification card presented and the number and expiration date of that identification card.

iii.    The purchaser’s date of birth.

iv.    The license plate of the vehicle into which the order is loaded.

f.    Order pickup shall be in accordance with closing hours pursuant to Sections 125.32(3)(b) and 125.68(4)(b), Wisconsin Statutes, respectively.

g.    If the alcohol beverage purchaser is not the driver of the vehicle into which the order is being loaded or delivered, the licensed operator shall verify the driver is twenty-one (21) years of age or older.

h.    The online order pickup area shall be clearly defined with visible markings, signs and/or barriers.

i.    The licensee and licensed operator shall comply with the provisions of Chapter 125, Wisconsin Statutes, and the Brookfield Municipal Code.

7.    Penalty. Any licensee or person who violates any provision of this subsection shall be subject to a forfeiture of not less than two hundred fifty dollars ($250.00), nor more than one thousand dollars ($1,000.00), plus court costs and fees. Each and every day during which a violation occurs constitutes a separate offense. Licensees are also subject to suspension, revocation, or nonrenewal of their alcohol beverage license or operator’s license. (Ord. 2517-18 §§ 1, 2, 3, 2018; Ord. 2478-17 § 1 (Exh. A) (part), 2017)

5.24.100 Breweries.

Breweries are permitted by the Wisconsin Department of Revenue, but Wisconsin Statutes allows municipalities to prescribe regulations for the sale of alcoholic beverages not in conflict with Chapter 125, Wisconsin Statutes. Breweries shall be subject to the following requirements and restrictions:

A.    Breweries shall register their business with the city clerk by filing a copy of their permit application submitted to the State of Wisconsin Department of Revenue along with any current and valid permit(s) issued by the Department.

B.    Sections of the city code:

1.    5.24.080(C)—Disorderly conduct prohibited.

2.    5.24.090—Consumption of all open containers on the licensed premises.

C.    Closing hours shall be as provided at Section 125.32(3), Wisconsin Statutes, or in their approved plan and method of operation. (Ord. 2478-17 § 1 (Exh. A) (part), 2017)

5.24.110 Suspension and revocation.

A.    A violation of this chapter by a duly authorized agent or employee of a licensee or permit holder shall constitute a violation by the licensee or permit holder. Whenever the holder of any license or permit under this chapter shall violate any provision of this chapter, proceedings for the revocation of such license or permit may be instituted in the manner and under the procedure established by Section 125.12, Wisconsin Statutes, and the provision therein relating to granting a new license shall likewise be applicable.

B.    Pursuant to Sections 945.03(2m), 945.04(2m) and 945.041(11), Wisconsin Statutes, no Class “B” or “Class B” license shall be suspended, revoked or denied renewal for possession of up to five video gambling machines on such premises. (Ord. 2478-17 § 1 (Exh. A) (part), 2017)

5.24.120 Severability.

If any section or provision of this chapter shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision and shall not affect the validity of any other provisions, sections, or portions thereof of this chapter. The remainder of the chapter shall remain in full force and effect. (Ord. 2517-18 § 4, 2018)