19.17 ALCOHOL BEVERAGE LICENSING AND REGULATION OF ALCOHOL BEVERAGES.

(1)    WISCONSIN STATUTES ADOPTED. The provisions of Chapter 125 of the Wisconsin Statutes, effective July 1, 1982, and all amendments thereto are hereby adopted as a portion of Section 19.17 so far as applicable, except as otherwise provided in Section 19.17. Any violation of any provision of Chapter 125 of the Wisconsin Statutes is hereby designated to be a violation of Section 19.17. Section 19.17 shall be construed as an enactment of local concern for the purpose of providing a uniform ordinance for the sale, consumption, and possession of alcohol beverages.

(2)    DEFINITIONS. As used in Section 19.17 or as defined in Section 125.02, Wisconsin Statutes:

(a)    “Alcohol Beverages” means fermented malt beverages and intoxicating liquor.

(b)    “Club” means any organization, whether incorporated or not, which is the owner, lessee or occupant of a building or portion thereof used exclusively for club purposes, which operates for a recreational, fraternal, social, patriotic, political, benevolent or athletic purpose but not for pecuniary gain and which only sells alcohol beverages incidental to its operation.

(c)    “Fermented Malt Beverages” means any beverage made by the alcohol fermentation of an infusion in potable water of barley malt and hops, with or without unmalted grains or decorticated and degerminated grains or sugar containing 0.5% or more of alcohol by volume.

(d)    “Intoxicating Liquor” means all ardent, spirituous, distilled or vinous liquors, liquids or compounds, including wine, whether medicated, proprietary, patented or not, and by whatever name called, containing 0.5% or more of alcohol by volume, which are beverages, but does not include “fermented malt beverages”.

(e)    “Legal Drinking Age” means 21 years of age or such other age as may be established by Wisconsin Statutes.

(f)    “Mixed Use Retailer” means a business in which alcohol sales account for less than 50% of gross receipts.

(g)    “Person” means a natural person, sole proprietorship, partnership, corporation or association.

(h)    “Premises” means the area described in a license or permit.

(i)    “Reserve ‘Class B’ Liquor Licenses” are those licenses available after the quota system existing before December 1, 1997. There is an initial issuance fee of $10,000plus the annual “Class B” liquor license fee associated with the Reserve license.

(j)    “Restaurant” means a business where meals are prepared on-site and which alcohol sales account for less than 50% of gross receipts.

(k)    “Retailer” means any person who sells, or offers for sale, any alcohol beverages to any person other than a person holding a permit or a license under Section 19.17.

(l)    “Sell”, “Sold”, “Sale” or “Selling” means any transfer of alcohol beverages with consideration, or any transfer without consideration, if knowingly made for purposes of evading the law relating to the sale of alcohol beverages or any shift, device, scheme or transportation for obtaining alcohol beverages, including the solicitation of orders for, or the sale for future delivery of, alcohol beverages.

(m)    “Underage Person” means a person who has not attained the legal drinking age.

(n)    “Wholesaler” means a person, other than a brewer, manufacturer or rectifier, who sells alcohol beverages to a licensed retailer or to another person who holds a permit or license to sell alcohol beverages at wholesale.

(o)    “Wine” means products obtained from the normal alcohol fermentation of the juice or must of sound, ripe grapes, other fruits or other agricultural products, imitation wine, compounds sold as wine, vermouth, cider, perry, mead and sake, if such products contain 0.5% or more of alcohol by volume.

(3)    LICENSE REQUIRED.

(a)    LICENSE OR PERMIT; WHEN REQUIRED. No person may sell, manufacture, rectify, brew or engage in any other activity for which Section 19.17 provides a license, permit, or other type of authorization without holding the appropriate license, permit or authorization issued under Section 19.17. In addition, all applications for any license under Section 19.17 are subject to a background check and records search, including a Wisconsin State Criminal History Check by the Chief of Police or his/her designee. (Ord. 97-32)

(b)    LICENSES OR PERMITS ISSUED IN VIOLATION OF CHAPTER. No license or permit may be issued to any person except as provided in Section 19.17 and Chapter 125 of the Wisconsin Statutes. Any license or permit issued in violation of Section 19.17 and/or Chapter 125 of Wisconsin Statutes is void.

(4)    LICENSES AND FEES. See the end of this chapter for license fees. The classes of licenses shall be as follows:

(a)    INTOXICATING LIQUOR.

1.    “Class A” Retail Liquor License.

a.    A “Class A” Retail Liquor License when issued by the City Clerk under authority of the Common Council shall permit to the holder the retail sale of intoxicating liquor for consumption off the premises where sold and in original packages and containers. “Class A” licenses shall particularly describe the premises for which issued and are not transferable except as provided in Section 125.04(12), Wis. Stats., or by local ordinance in strict conformity therewith.

b.    Said “Class A” Retail Liquor License shall be limited to six (6) within the Edgerton City limits.

c.    The City restricts the number of “Class B” Retail Liquor Licenses issued to establishments in the Fulton Street Historic District that do not qualify as a “Mixed Use Retailer” to six (6). See Chapter 20 of the Edgerton Code of General Ordinance for a description of the Fulton Street Historic District boundaries.

d.    If an applicant meets the definition in this chapter of Mixed Use Retailer, he/she may appeal for an Exceptional Circumstance License. Exceptional Circumstance Licenses may include but not be limited to proposals that add a new dimension to the Historic District; meet changing market demands; or that offer fare designed to appeal to the area as determined by the Finance Committee and Common Council.

The burden is on the alcohol beverage licensee to prove to the municipality that the establishment complies with the definition of a Mixed Use Retailer. Any establishment representing itself as a Mixed Use Retailer will be required to maintain that status throughout the existence of its alcohol beverage license and may be required to provide evidence substantiating such upon the request of the Finance Committee or Common Council.

2.    “Class B” Retail Liquor License and Reserve “Class B” Licenses:

a.    A “Class B” Retail Liquor License and Reserve “Class B” Retail Liquor License (both referred to as “Class B” Retail Liquor Licenses) when issued by the City Clerk under authority of the Common Council shall permit to its holder the retail sale of intoxicating liquor for consumption on the premises where sold by the glass and not in the original package or container. It also authorizes the sale of intoxicating liquor in the original package or container, in multiples not to exceed four (4) liters at any one time, to be consumed off the premises where sold. In addition, Wine may be sold for consumption off the premises in the original package or container in any quantity. No “Class B” Retail Liquor License shall be granted to any person who is not the holder of a Class “B” License for fermented malt beverages granted by the Common Council. “Class B” licenses shall particularly describe the premises for which issued and are not transferable, except as provided in Section 125.04(12), Wis. Stats., or by local ordinance in strict conformity therewith.

b.    As of December 1, 1997, the City of Edgerton’s “Class B” Retail Liquor License quota was at ten (10) not including the Reserve “Class B” Retail Liquor License. No more than one Reserve “Class B” Retail Liquor license shall be issued for each five hundred (500) in population based on the Wisconsin Department of Administration’s numbers used for the purpose of revenue sharing distribution.

c.    The City restricts the number of “Class B” Retail Liquor Licenses issued to establishments in the Historic District that do not qualify as a “restaurant” to five (5). See Chapter 20 of the Edgerton Code of General Ordinance for a description of the Historic District boundaries. The burden is on the alcohol beverage licensee to prove to the municipality that the establishment complies with the definition of a restaurant.

d.    “Class B” intoxicating liquor licenses issued with the restaurant condition are required to comply with the following:

1.    After the first ninety (90) days of operation following the initial issuance of the license, the licensee shall file with the city clerk an affidavit prepared by a certified public accountant. Such affidavit shall state the percent of gross revenue from the sale of food and non-alcohol beverages and the percent of gross revenue from the sale of fermented malt beverages and intoxicating liquor for such initial ninety (90) day period.

2.    Thereafter, such affidavit prepared by a certified public accountant shall be filed with the renewal application and shall include gross revenues from the sale of food and non-alcohol beverages and the percent of gross revenue from the sale of fermented malt beverages and intoxicating liquor for the entire previous calendar year.

3.    The Finance Committee may, at any time it is deemed necessary, request the licensee to file an additional affidavit from a certified public accountant to verity the percentage of gross revenue as required above.

4.    Failure to file the required affidavit, failure to maintain the required percent of food sales, or failure to comply with any of the requirements for the “Class B” intoxicating liquor license for restaurants shall be grounds for nonrenewal, suspension or revocation of the “Class B” intoxicating liquor license for restaurants.

3.    Temporary “Class B” Wine License – A temporary “Class B” wine license may be issued to bona fide clubs, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least six (6) months before the date of application and to Posts of Veterans organizations authorizing the sale of wine containing not more than six (6) percent alcohol by volume in an original package, container or bottle or by the glass if the wine is dispensed 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 the fair association or agricultural society.

(b)    FERMENTED MALT BEVERAGES.

1.    Class “A” Retailer’s Beer License – A Class “A” Retailer’s Beer License for fermented malt beverages, when issued by the City Administrator under authority of the Common Council shall permit to the holder the retail sales of fermented malt beverages for consumption off the premises where sold and in original packages, containers and bottles. Class “A” licenses shall particularly describe the premises for which issued and are not transferable except as provided in Section 125.04(12), Wis. Stats., or by local ordinance in strict conformity therewith.

2.    Class “B” Retailer’s Beer License – A Class “B” Retailer’s Beer License for fermented malt beverages, when issued by the appropriate City Administrator under the authority of the Common Council, shall permit to its holder the retail sales of fermented malt beverages to be consumed either on the premises where sold or off the premises. Class “B” licenses shall particularly describe the premises for which issued and are not transferable except as provided in Section 125.04(12), Wis. Stats., or by local ordinance in strict conformity therewith.

3.    Wholesaler’s Beer License – A Wholesaler’s Beer License for fermented malt beverages when issued by the appropriate City Administrator under the authority of the Common Council shall permit the holder thereof to sell fermented malt beverages or soft drinks only in original packages or containers to retailers or wholesalers, not to be consumed in or about the premises where sold. Wholesaler’s Licenses shall particularly describe the premises for which issued and are not transferable, except as provided in ss. 125.04 (12) Wisconsin Statutes or by local ordinance in strict conformity therewith.

4.    Temporary Class “B” Beer License – A temporary Class “B” Beer License may be issued to bona fide clubs, to county or local fair associations or agricultural societies, churches, lodges or societies that have been in existence for at least 6 months before the date of application and to Posts of Veterans organizations authorizing the sale of fermented malt beverages at a particular picnic or similar gathering, at a meeting of the Post, or during a fair conducted by the fair association or agricultural society. The license shall be granted under such conditions as may be imposed by the Common Council.

(c)    WINE. A Class C Wine License may be issued to any person for the retail sale of wine by the glass or by open original container for consumption on the premises. The licensee or licensed operator must be on the premises at all times. Any holder of a Class C license shall abide by the same closing hours as provided to those holders of Class “B” Licenses. Said Class C License can only be issued to restaurants and only if less than fifty (50) percent of gross receipts of the restaurant are for alcohol sales, and wine is the only intoxicating liquor sold in the bar room.

(d)    OPERATOR’S LICENSE.

1.    When Required; Renewal Fees. No premises operated under a Class “A”, Class “B”, “Class A”, “Class B”, or “Class C” license may be open for business unless there is upon the premises the licensee, the agent named in the license if the licensee is a corporation, or some person who has an operator’s license and who is responsible for all persons serving any fermented malt beverages, intoxicating liquor or wine to customers. For the purposes of this Subsection, any member of the licensee’s immediate family who has attained the legal drinking age shall be considered the holder of an operator’s license. No person, including an underage member of the licensee’s immediate family, other than the licensee or agent may serve or sell fermented malt beverages, alcohol beverages or wine in any place operating under the licenses listed herein unless he or she has an operator’s license or is at least eighteen (18) years of age and is under the immediate supervision of the licensee or agent or a person holding an operator’s license, was on the premises at the time of the service.

2.    Application. An operator’s license may be issued by the City Clerk upon completion of a written application; payment of the proper initial fee or any renewal fee; and receives approval from the Chief of Police or the Chief’s designee. Applications which are not recommended for approval by the Police Department, or which the City Clerk determines merit review by the Common Council, shall be forwarded to the Finance Committee for a recommendation of approval or denial to the Common Council. Applications for operator’s licenses may be denied only by action of the Common Council.

Applications submitted to the Finance Committee shall include a written notice to the applicant stating he or she must appear before the Committee for individual review of the application. The notification to the applicant shall state that failure to appear before the Committee may result in denial of the application.

Incomplete applications or those which contain false or misleading information shall be given a negative recommendation unless the Committee finds strong mitigating circumstances. If an applicant receives a negative recommendation because of providing false or misleading information on the application, such applicant must wait six (6) months before submitting another application unless the Common Council overrides the negative recommendation and grants the Operator’s License to the applicant.

3.    Standards for Evaluating Operator’s License Applications.

a.    The following standards shall govern the City Clerk and Finance Committee in considering applications for Operator’s Licenses including regular, provisional and temporary Operator’s Licenses:

(i)    All applications for Operator’s Licenses shall be filed no later than one week before the next meeting of the Finance Committee for consideration at said Committee meeting. All required fees must be paid in full at the time the application is filed with the City Clerk’s Office. Applications submitted after the deadline shall not be considered unless special circumstances exist to be determined by the chairperson of the Committee. Absent special circumstances, the application shall be presented for consideration at the next following Committee meeting.

(ii)    The Chief of Police or his/her designee shall conduct a records search and background check, including a Wisconsin State Criminal History Check, of all applicants and the Finance Committee shall not formulate any recommendation until said background check and records search is completed and the results have been presented to the Committee.

(iii)    When the records and/or background check reveal that the application is not violative of the standards requiring a personal appearance before the Finance Committee, the Committee may recommend that the Common Council grant the Operator’s License without requiring that the applicant personally appear before the Committee.

(iv)    When the application meets one or more of the standards contained in number v (5) below, the applicant shall be notified in writing that he or she has the right to appear in person before the Finance Committee or respond in writing to the Committee when the Committee considers the application. The applicant shall be notified of when the application will be considered by the Committee. Failure to appear in person or to respond in writing will result in a negative recommendation. The Committee shall, after interviewing the applicant or reviewing the written response, make recommendation to the Council to either grant or deny the Operator’s License. If the recommendation is to deny the application, a written statement of the reason(s) will be forwarded to the Common Council along with said recommendation.

(v)    Standards which will result in written notification to the applicant of his or her right to appear in person or respond in writing at the next Finance Committee meeting are as follows:

a.    Any alcohol related conviction or pending charges within the last twelve (12) months.

b.    A history of alcohol related convictions as long as the most current conviction or arrest is within the last twenty-four (24) months.

c.    Any drug related convictions or pending charges within the last twelve (12) months.

d.    Any conviction or pending charges within the last twelve (12) months which involve resisting arrest, battery to a police officer or obstructing justice.

e.    At least two (2) convictions or pending charges in the last twenty-four (24) months for disorderly behavior type offenses if they occurred in conjunction with activity at a licensed alcohol establishment.

f.    Any felony conviction within five (5) years.

g.    Any incomplete, misleading or falsified application when the incomplete, misleading or falsified information provided by the applicant pertains to either the identification of the applicant or to any matter occurring within five (5) years prior to the date of application.

h.    Any outstanding fines, forfeitures, penalties, assessments and/or user fees owed to the City.

4.    Renewal Application. All renewal applications shall be submitted on or before May 1st of the year the license is sought to be renewed.

5.    Operator Training. No Operator’s License shall be issued unless the applicant has successfully completed a Responsible Beverage Server Training Course approved by the State of Wisconsin Department of Revenue or unless the applicant fulfills one of the following requirements:

(a)    The person is renewing an Operator’s License;

(b)    Within the two (2) years immediately preceding the application the person held a Class “A”, Class “B”, “Class A” or “Class B” License or permit or Operator’s’ License;

(c)    Within the past two (2) years, the person has completed such a training course.

6.    Police Chief Investigation. Prior to consideration and recommendation by the City Clerk and/or Finance Committee, each Operator’s License application shall be reviewed by the Chief of Police, including a Wisconsin State Criminal History Check, who should then forward his/her findings and recommendation to the City Clerk and/or Finance Committee. Upon receipt of the police chief’s investigation and recommendation, the City Clerk shall issue the license or forward it to the Finance Committee who shall then conduct its review of each Operator’s License application and shall forward its findings and recommendation to the Common Council for consideration.

7.    Terms and Conditions of License. For those applications being considered by the Common Council, the Common Council may grant and direct that the City Clerk to issue an Operator’s License only upon the affirmative vote of at least four (4) Council members. The Council may attach conditions and limitations to said license. Any license granted by the Council shall be valid for the period commencing upon issuance of said license and expiring on the following June 30th.

(e)    PROVISIONAL OPERATOR’S LICENSE.

1.    The City Clerk shall issue a Provisional Operator’s License to any person who:

(a)    Has filed a lawful application for a regular Operator’s License with the City Clerk in the manner required by this chapter and has paid the fee required therefore; and

(b)    At the time of such regular Operator’s License application, checks the box on the application form indicating that he or she requests a Provisional Operator’s License; and

(c)    At the time of such regular Operator’s License application, indicates on the application form that he or she has never had a regular or Provisional Operator’s License denied or revoked by the City; and

(d)    At the time of such regular Operator’s License application, pays to the City Clerk the fee required by this Chapter for a Provisional Operator’s License; and

(e)    Shall be enrolled in a Responsible Beverage Server Training Course which is completed during the term of the Provisional Operator’s License unless any of the exceptions under (d)4 above apply; and

(f)    Has his or her application approved by the Chief of Police or his/her designee. No Provisional Operator’s License shall be issued by the City Clerk prior to approval of the applicant by the Chief of Police or his or her designee, unless said application is reviewed by the Finance Committee and said Committee grants the license notwithstanding the absence of approval by the Chief of Police or his or her designee.

2.    A Provisional Operator’s License shall not be issued to any person whose regular or Provisional Operator’s License has ever previously been denied or revoked by the City. A Provisional Operator’s License shall be immediately void and of no force or effect if issued to any person whose regular or Provisional Operator’s License has ever previously been denied or revoked by the City. Misuse of such Provisional Operator’s License by an applicant shall constitute operation without a license and a violation of this Chapter.

3.    In addition to all other requirements under this Chapter for the issuance of a Provisional License, the City Clerk shall not issue a Provisional License if the application for Provisional License indicates any of the following:

(a)    Any alcohol related conviction or pending charges within the last twelve (12) months.

(b)    A history of alcohol related convictions as long as the most current conviction or arrest is within the last twenty-four (24) months.

(c)    Any drug related convictions or pending charges within the last twelve (12) months.

(d)    Any conviction or pending charges within the last twelve (12) months which involve resisting arrest, battery to a police officer or obstructing justice.

(e)    At least two (2) convictions or pending charges in the last twenty-four (24) months for disorderly behavior type offenses if they occurred in conjunction with activity at a licensed alcohol establishment.

(f)    Any felony conviction within five (5) years.

(g)    Any incomplete, misleading or falsified application when the incomplete, misleading or falsified information provided by the applicant pertains to either the identification or the applicant or to any matter occurring within five (5) years prior to the date of application.

(h)    Any outstanding fines, forfeitures, penalties, assessments and/or user fees owed to the City.

4.    If the application indicates any of the above items, (3.a. through 3.h.) then the City Clerk shall refer the application to the Finance Committee for consideration at its next meeting. The Finance Committee shall notify the applicant of his or her right to appear either in person or to respond in writing to the Finance Committee when it considers the application. Failure to appear in person or to respond in writing will result in a negative recommendation. The Committee shall, after consideration of the application, make recommendation to the Council to either grant or deny the Provisional Operator’s License.

5.    A Provisional Operator’s License is valid for a period not to exceed sixty (60) days from the date of issuance by the City Clerk or until a regular Operator’s License is issued to the applicant by the City Council, whichever occurs first.

6.    A Provisional Operator’s License is not transferable from person to person.

7.    The City Clerk may revoke any Provisional License in the event that the City Clerk finds that the holder of such license made any false, misleading or incomplete statement on his/her application, or that the applicant has previously had his or her regular or provisional license denied or revoked by the City.

8.    The City Clerk shall revoke a Provisional Operator’s License in the event that the applicant fails to successfully complete the responsible alcohol beverage server training course in which he or she is enrolled.

(f)    TEMPORARY OPERATOR’S LICENSE.

1.    The City Clerk and/or Common Council may grant a temporary operator’s license under the terms and conditions as outlined in subsection (4)(d), except that:

a.    This license may be issued only to operators employed by, or donating their services to, nonprofit corporations.

b.    No person may hold more than one license of this kind per year.

c.    The license is valid for any period from one (1) to fourteen (14) days, and the period for which it is valid shall be stated on the license.

(5)    RETAIL LICENSE APPLICATION.

(a)    APPLICATION REQUIRED. Applications to sell alcohol beverages shall be made in writing on the form prescribed by law and shall be executed and sworn to in accordance with Wisconsin Statutes and filed with the City Administrator as provided by Section 125.04, Wis. Stats.

(b)    LICENSE FEES FOR FRACTIONAL YEAR. “Class A”, “Class B”, Class “A”, Class “B” and Class C licenses granted under this chapter may be issued for a fractional part of the license year upon payment of that fractional share of the annual license fee prorated according to the number of months or fraction thereof for which the license is issued. No refund will be paid to holders of existing licenses on cancellation thereof before expiration.

(6)    LICENSE NOT TRANSFERABLE. No license shall be transferable either as to license or location, except as provided by Wisconsin Statutes, except that the Common Council may authorize a transfer of location if the licensed premises shall become unsuitable for occupancy.

(7)    POSTING.

(a)    All licenses and permits issued pursuant to this chapter shall be enclosed in a frame having a transparent front which allows the license or permit to be clearly read. In addition, all permits and licenses shall be conspicuously displayed for public inspection at all times in the room or place where the activity subject to permit or license is carried on. It shall be unlawful for any person to post such license or permit or allow it to be posted upon premises other than those mentioned in the application or knowingly to deface or destroy such license or permit, or to remove such without the consent of the licensee or permit holder. Whenever a license or permit shall be lost or destroyed without fault on the part of the holder or his agent or employees, a duplicate in lieu thereof under the original application shall be issued by the City Administrator upon payment of the appropriate fee.

(b)    Any person who holds an operator’s license and bartends at more than one establishment may request that the City Administrator issue duplicate copies of the original license so that the original or a duplicate copy shall be kept at each place of employment.

(8)    CONDITIONS OF LICENSE. All Class “A” and Class “B”, fermented malt beverage license, all “Class A” and “Class B” intoxicating liquor licenses and all Class C wine licenses granted hereunder shall be granted subject to the following conditions and all other conditions of this section and subject to all ordinances, State statutes and regulations of the City applicable thereto.

(a)    CONSENT TO INSPECTION BY POLICE. Every applicant procuring a license thereby consents to the entry of police, sanitary inspectors 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 there had 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)    DISORDERLY CONDUCT PROHIBITED. Licensed premises shall at all times be conducted in an orderly manner, and no disorderly, riotous or indecent conduct shall be allowed at any time on any licensed premises, and no intoxicated person shall be served alcohol beverages.

(c)    GAMBLING PROHIBITED. Pursuant to Chapter 945 Wis. Stats., no bets, gambling, lotteries, gambling places or bookmaking shall be permitted in any form except as permitted by Wisconsin Statutes. In addition, no premises shall be used as a gambling place or shall permit a gambling machine to be set up for the use or gambling in any premises. Any violation of Chapter 945 Wis. Stats., including, but not limited to Section 945.041, Wis. Stats., shall be cause for immediate revocation of any license or permit issued under this section.

(d)    IMPROPER EXHIBITIONS.

1.    It shall be unlawful for any person to perform, or for any licensee or manager or agent of the licensee to permit any employee, entertainer, patron, or other person to engage in any live act, demonstration, dance or exhibition on the licensed premises which:

a.    Expose his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or

b.    Expose any device, costume or covering which gives the appearance of or simulates genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or

c.    Exposes any portion of the female breast at or below the areola thereof; or

d.    To engage in or simulate sexual intercourse and/or any sexual contact, including the touching of any portion of the female breast or the male and or female genitals, either above or under clothing.

2.    Any person, firm or corporation who violates any of the provisions of this ordinance shall be subject to penalty as prescribed in Section 19.19 in addition to liquor license suspension, revocation, and/or nonrenewal as provided by the municipal code. A separate offense shall be deemed committed on each day on which a violation occurs or continues.

(9)    TAVERN DANCE HALL LICENSE AND REGULATIONS.

(a)    LICENSE REQUIRED. No person licensed to sell alcohol beverages at retail by virtue of a 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 first having obtained a license therefor and payment of the appropriate fee as provided herein.

(b)    LICENSE FEE AND PERIOD. The license fee shall be as set forth in Section 19.001 (4). Notwithstanding Section 19.001(5), such annual tavern dance hall license shall expire on each December 31st.

(c)    CLOSING HOURS. All public and private dancing and instrumental music conducted under authority of said license issued pursuant to this section shall be discontinued at least one hour before closing hour required for said tavern. Juke box dancing may continue until closing.

(d)    RESTRICTIONS. There shall be no go-go dancing or topless dancing or topless bartenders and no disorderly or immoral conduct shall be permitted on said licensed premises.

(e)    NOISE IN EXCESS OF FIFTY-FIVE (55) DECIBELS AT TWENTY-FIVE (25) FEET FROM LICENSED PREMISES PROHIBITED. It shall be unlawful for any licensed tavern dance hall to make, continue or cause to be made or continued any excessive, unnecessary or unusually loud music or noise which may annoy, disturb, injure or endanger the comfort, repose, health or safety of others within the limits of this City. Noise or music from any dance band, electric phonograph or juke box playing or located on any licensed premises in excess of a sound level of fifty-five (55) decibels at a distance of twenty-five (25) feet from any licensed premises as measured by General Radio Sound Level Meter Type 21565B, its equivalent or any similar device for measuring sound is prohibited. Also see Section 22.409 for land use noise regulations and Section 22.304(5)(y)(4)(i) for noise regulations related to outdoor beer gardens.

(10)    UNDERAGE AND INTOXICATED PERSONS; PRESENCE ON LICENSED PREMISES; SALE; PENALTIES.

(a)    ALCOHOL BEVERAGES; RESTRICTIONS RELATING TO UNDERAGE PERSONS.

1.    Restrictions.

a.    No licensee or permittee may procure for, sell, dispense or give away any alcohol beverages to any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.

b.    No licensee or permittee may sell, vend, deal or traffic in alcohol beverages to or with any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.

c.    No licensee or permittee may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by an underage person on premises owned by the licensee or under the licensee’s control.

(b)    PRESENCE IN PLACES OF SALE.

1.    Restrictions. The licensee or permittee shall not allow any underage person, not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age, to enter or be on any premises for which a license or permit for the retail sale of alcohol beverages has been issued. This paragraph shall not apply to:

a.    An underage person who is a resident, employee, lodger or boarder on the premises controlled by the proprietor, licensee or permittee of which the licensed premises consists or is a part.

b.    An underage person who enters or is on a “Class A” retail intoxicating liquor premises for the purpose of purchasing edibles or beverages other than alcohol beverages. An underage person so entering the premises may not remain on the premises after the purchase.

c.    Hotels, drug stores, grocery stores, bowling alleys, and golf clubhouses.

d.    Premises operated under both a Class “B” Fermented Malt Beverage License or “Class B” Retail Liquor License or permit and a restaurant permit where the principal business conducted is that of a restaurant.

(c)    DEFENSE OF SELLERS. Proof of the following facts by a seller of alcohol beverages to an underage person is a defense to any prosecution for a violation of this section:

1.    That the purchaser falsely represented in writing and supported with other documentary proof that he or she had attained the legal drinking age.

2.    The appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the legal drinking age.

3.    That the sale was made in good faith and in reliance on the written representation and appearance of the purchaser in the belief that the purchaser had attained the legal drinking age.

4.    Book Kept by Licenses and Permittee. Every retail alcohol beverage licensee or permittee shall cause a book to be kept for the purposes of this subsection. The licensee or permittee or his or her employee shall require any person who has shown documentary proof that he or she has attained the legal drinking age to sign the book if the person’s age is in question. The book shall show the date of the purchase of the alcohol beverages, the identification used in making the purchase, the address of the purchaser and the purchaser’s signature.

(d)    SALES OF ALCOHOL BEVERAGES TO INTOXICATED PERSON.

1.    Restrictions.

a.    No licensee or permittee may procure for, sell dispense or give away alcohol beverages to a person who is intoxicated.

b.    No license or permittee may sell, vend, deal or traffic in alcohol beverages to or with a person who is intoxicated.

(e)    PENALTIES. Any licensee or permittee violating any provision of this subsection shall be subject to the following forfeiture:

1.    Not more than $500.00 if the person has not committed a previous violation within 12 months of the violation; or

2.    Not less than $200.00 nor more than $500.00 if the person has committed a previous violation within 12 months of the violation.

(11)    GENERAL RESTRICTIONS.

(a)    PUBLIC PLACE. No owner, lessee or person in charge of a public place may permit the sale of alcohol beverages on the premises of the public place unless the person has an appropriate retail license or permit. This subsection does not apply to municipalities, buildings and parks owned by counties, regularly established athletic fields and stadiums, school buildings, churches, premises in a state fair park or clubs.

(b)    PLACE-TO-PLACE DELIVERIES. No person may peddle any alcohol beverage from house to house where the sale and delivery are made concurrently.

(c)    POSSESSION OF ALCOHOL BEVERAGES ON SCHOOL GROUNDS PROHIBITED.

1.    In this subsection:

a.    “Motor vehicle” means a motor vehicle owned, rented or consigned to a school.

b.    “School” means a public, parochial or private school which provides educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school or high school.

c.    “School administrator” means the person designated by the governing body of a school as ultimately responsible for the ordinary operators of a school.

d.    “School premises” means premised owned, rented or under the control of a school.

2.    Except as provided by par. 3. no person may possess or consume alcohol beverages:

a.    On school premises;

b.    In a motor vehicle, if a pupil attending the school is in the motor vehicle; or cc. While participating in a school-sponsored activity.

3.    Alcohol beverages may be possessed or consumed on school premises, in motor vehicles or by participants in school-sponsored activities if specifically permitted in writing by the school administrator consistent with applicable laws, ordinances and school board policies.

4.    A person who violates this subsection is subject to a forfeiture of not more than $200.00, except that Sections 48.344 and 125.07(4)(c) and (d), Wis. Stats., provide the penalties applicable to underage persons.

(12)    CLOSING HOURS AND SUNDAY SALES.

(a)    Premises for which a “Class A” Retail Liquor License have been issued may sell alcohol beverages during the following hours only: Monday through Sunday, from 6:00 a.m. to 9:00 p.m. Premises for which a Class “A” Retail Beer License have been issued may sell fermented malt beverages only during the following hours: Monday through Sunday, from 6:00 a.m. to 12:00 a.m. (midnight).

(b)    All premises for which a “Class B” Retail Liquor License or a Class “B” Retailer’s Beer License or a Class C Wine License have been issued shall remain closed between the hours of 2:00 a.m. to 6:00 a.m., except on Saturday and Sunday when closing hours shall be between 2:30 a.m. to 6:00 a.m. On January 1st, premises operating under a “Class B” license are not required to close.

(c)    “Closing hours” or “closing” is defined as everyone being out of the licensed premises except for the licensee and his regular employees on duty at closing time and all doors locked.

(d)    Hotels and restaurants whose principal business is the furnishing of food, drinks or lodging to patrons, bowling alleys, and golf courses may remain open for the conduct of their regular business but may not sell alcohol beverages during the closing hours under Subsection (b).

(e)    Between 12:00 midnight and 6:00 a.m. no person may sell intoxicating liquor on “Class B” licensed premises in an original unopened package, container or bottle or for consumption away from the premises.

(f)    All holders of a Temporary Class “B” Beer License or a Temporary “Class B” Wine License may sell fermented malt beverages or wine only during the hours of 9:00 a.m. to midnight on the days for which said license is granted.

(13)    PARTIALLY FILLED CONTAINERS PROHIBITED.

(a)    It shall be unlawful for any person to have in his or her possession any container partially filled with alcohol beverages except when such person is on premises which are duly licensed for the sale of alcohol beverages; or except when any person, or his or her guests, are within said person’s own residence; or upon his or her own residence premises and have obtained the legal drinking age. Residence premises includes those driveways, parking areas or lawn areas used exclusively for the residence and guests of the premises involved, but does not include those driveways, parking areas or lawn areas which are available for use by the general public, are available for use by patrons of any business establishment, or are available for the combined use for both residents of the premises involved and patrons of the premises involved and/or general public.

1.    Racetrack Park. Racetrack Park shall be exempted from the provisions of this section so that persons may possess fermented malt beverages or intoxicating liquor provided that said persons have obtained the legal drinking age, the beverage is not in a glass container, and further provided that no person may possess any opened alcohol beverages in Racetrack Park between the hours of 11:00 p.m. and 9:00 a.m.

(b)    Premises licensed for the sale of alcohol beverages (except premises for which Temporary Class “B” Beer Licenses and Temporary “Class B” Wine Licenses have been issued), are defined as room and rooms on the ground floor of the building which is or are located within the front or street door and the rear door of said license premises and shall exclude any entry way which may be located outside of any front or rear door of said license premises, unless specific areas are otherwise approved by the Common Council upon application by the licensee.

(c)    The person holding the license for said premises and any employee or employees shall be responsible for enforcing the provisions of this subsection and shall be subject to the penalty provided in Section 19.19 if he or she permits any person to carry out of said licensed premises any partially filled container of alcohol beverages.

(14)    NO CREDIT.

(a)    No alcohol beverages shall be sold on credit.

(15)    POINT VALUES FOR ALCOHOL BEVERAGE VIOLATIONS, REVOCATIONS AND SUSPENSIONS.

(a)    Purpose: The purpose of this subsection is to administratively interpret those provisions of this section relating to establishing an alcohol beverage demerit point system to assist in determining if a license holder should be subject to suspension or revocation procedures.

(b)    Point Schedule: The scale of demerit points is listed according to the type of alcohol beverage license violation. This demerit point system is used to identify habitually troublesome license holders who have repeatedly violated State Statute and this Code for the purpose of recommending suspension or revocation of their alcohol beverage license.

Code Section

Type of Violation

Point Value

19.17(3)

Failure to be Licensed

100

19.17(4)

On-Premises Consumption – Class A

50

19.17(4)

Wholesalers Restrictions

50

19.17(4)d

No Licensed Bartender

50

19.17(5)

False Statement on Application

50

19.17(5)

Outdoor Serving Without Permit

50

19.17(6)

Transfer of License Without Permission

50

19.17(7)

Failure to Post License

50

19.17(8)a

Failure to Permit Search of Licensed Premises

100

19.17(8) &/State Statute

Disorderly, Riotous, Indecent or Improper House

40

19.17(8)c

Gambling

25

19.17(8)(d)

Improper Exhibitions

25

19.17(9)

Noise Disturbing the Public

25

19.17(10)

Sale of Alcohol to Underage Person

50

19.17(10)a

Possession of Alcohol by Underage Person

40

19.17(10)b

Underage Person on Premises

25

19.17(10)d

Sale of Alcohol to Intoxicated Person

50

19.17(11)

Sale or Dispensing Off Premises

25

19.17(13)

Leaving with Open Container

25

19.17(12)

Open After Hours

50

19.17(12)

After Hours Consumption – Class B

50

19.17(12)

Carryout After Hours

25

State Statute

Unsanitary Licensed Premises

25

State Statute

Corporation and Agent Responsibility Violations

25

State Statute

Unlawful Quantities in Containers

25

 

Any other Violation of the City Ordinances or State Statute

25 – 100

(c)    Calculating Violations: A twelve (12) month rolling period shall be used in determining the accumulated demerit points against a license holder. The City shall use the date each violation was committed as the basis for the determination.

(d)    Suspension or Revocation of License.

1.    A licensee is automatically assessed demerit points in accordance with the schedule in this section upon a conviction or adjudication of a violation. The Common Council shall call before it for purposes of a revocation or suspension hearing all licensees who have accumulated one hundred (100) points in a twelve (12) month rolling period as a result of court imposed convictions or adjudications or other violations of this chapter. Demerit points that are assessed or any suspension or revocation imposed against one license shall not affect the continued use of any other license held by the licensee. The Common Council may also initiate a revocation or suspension hearing of a licensee who is subject to a pending criminal charge, or who has been convicted of any felony, misdemeanor or other offense that the circumstances of which substantially relate to the licensed activity regardless of whether such charge or conviction is included in the demerit point schedule.

2.    If the demerit point accumulation calculated from the date of violation meets or exceeds one hundred (100) points in a twelve (12) month rolling period the suspension shall be for not less than three (3) days nor more than ninety (90) days. If the license or permit is revoked, no other license or permit shall be granted to such licensee or for such premises for a period of twelve (12) months from the date of revocation.

The procedure to be used for suspension or revocation shall be that found in Section 125.12, Wis. Stats. (Ord. 19-01; Ord. 17-10; Ord. 16-10; Ord. 14-02; Ord. 11-09; Ord. 97-25)