Chapter 14 - Intoxicating Liquor, Fermented Malt Beverages and Other Beverages
Chapter 14
INTOXICATING LIQUOR, FERMENTED MALT BEVERAGES
[HISTORY: Adopted by the Common Council of the City of
GENERAL REFERENCES
Adult-oriented establishments and clubs — See
Nuisances — See
Peace and good order — See
§ 14-1. State statutes adopted.
The provisions of Ch. 125, Wis. Stats., relating to the sale of intoxicating liquor and fermented malt beverages, except §§ 125.09(6), 125.11 and 125.66, exclusive of any provisions thereof relating to the penalty to be imposed or the punishment for violation of said statutes, are hereby adopted and made a part of this chapter by reference.
§ 14-2. License required.
A. When required. No person, except as provided by § 14-1 of this chapter, shall distribute, vend, sell, offer or keep for sale at retail or wholesale, deal or traffic in, or, for the purpose of evading any law or ordinance, give away any intoxicating liquor or fermented malt beverage, or cause the same to be done, without having procured a license or permit as provided in this chapter, nor without complying with all the provisions of this chapter and all statutes, ordinances and regulations of the state and City applicable thereto.
B. Separate license required for each place of sale. A separate 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 where intoxicating liquor or fermented malt beverages are kept, sold or offered for sale, and no license shall be issued to any person for the purpose of possessing, selling or offering for sale any intoxicating liquor or fermented malt beverage in any dwelling house, flat or residential apartment.
§ 14-3. Classes of licenses; fees. [Amended
There shall be the following classes and denominations of licenses which, when issued by the Clerk/Treasurer under the authority of the Common Council after payment of the required fee, shall permit the holder to sell, deal or traffic in intoxicating liquor or fermented malt beverages or soda water beverages. Unless specifically provided, the fee for a license required under this chapter obtained during the license year shall not be prorated. All of the fees shall be set by Common Council resolution.[1]
A. Class "A" fermented malt beverage retailer's license.
B. Class "B" fermented malt beverage retailer's license
C. Wholesaler's fermented malt beverage license.
D. Special wholesaler's license.
E. Beverage operator.
F. Retail "Class A" liquor license.
G. Retail "Class B" liquor license.
H. Part-time or semiannual liquor licenses shall be issued pursuant to § 125.51(9), Wis. Stats. Such licenses are not renewable during the calendar year in which issued.
I. Picnic licenses to organizations enumerated in § 125.26(6), Wis. Stats., may be issued for a fee as set by the Common Council per particular picnic, or similar event, for no more than four consecutive days. Any organization receiving a picnic license shall use a wrist band system. Said organization must obtain approval from the Police Department for the wrist band system said organization intends to use. Said system shall be implemented and used to ensure that anyone who is allowed to possess/consume fermented malt beverages at said event shall wear a wrist band which shall be easily identifiable by the Police Department. [Amended
J. Reserve "Class B" licenses. [Added
(1) Definition. The term "Reserve 'Class B' license" shall have the meaning defined in § 125.51(4)(a)4, Wis. Stats., and as said subsection may be amended.
(2) Fee. The fee for a reserve "Class B" license shall be as set by Common Council resolution but shall not be greater than $10,000.
(3) Exemption. A bona fide club or lodge situated and incorporated in the State of
(4) Grant or rebate of fee.
(a) The City intends to refund part of the license fee to any holder of such license. The City of
[1] Upon the opening of a newly established business, $7,500 shall be granted/refunded to the applicant.
[2] A grant/refund of $2,500 shall be paid to the applicant upon the business being open for 12 consecutive months.
(b) The applicant shall submit appropriate documentation to the City Clerk/Treasurer's office to establish the opening of said newly established business and documentation that the business has been open for a period of 12 consecutive months. The Clerk/Treasurer shall then verify from the appropriate records whether the refund/grant is due the applicant. If a refund/grant is due, the Clerk/Treasurer shall refund the appropriate amount to the applicant within 30 days after receiving appropriate documentation from the applicant.
K. "Class C" wine license. [Added
Definition: “Class C” wine licenses allow the sale of wine for consumption only on the premises and allow the carryout of a single opened (resealed) bottle if sold with a meal.
No sales to other licenses for resale
Closing hours the same as for Class “B” license.
NOTICE: With limited exceptions, all retailers of alcohol beverages may only sell to consumers who are physically at the licensed premises.
[added and amended
All other regulations of City of Gillett Chapter 14 and state statute 125 shall be applicable for the issuance of “Class C” wine licenses and the retail sale of such beverages.
§ 14-4. Payment of license fees.
License fees required under this chapter shall be paid by the applicant when the applicant is notified by the Clerk/Treasurer of the granting of a license. No license applied for and granted shall be issued until the appropriate license fee is received by the Clerk/Treasurer. Granting of a license shall be by the Common Council upon the recommendation of the Health, Protection and License Committee.
§ 14-5. License restrictions.
In addition to the requirements imposed by provisions of the Wisconsin Statutes adopted by reference in § 14-1 of this chapter, the following restrictions shall apply to the issuance of licenses or permits pursuant to this chapter:
A. Requirements for licenses. No license or permit shall be issued to any person who is not of legal age as provided in § 125.04(5), Wis. Stats., of good moral character, and a citizen of the United States and the State of Wisconsin and who has not resided in the state continuously for at least one year prior to application, nor shall any license be issued to any person who has been a habitual petty law offender or convicted of a crime under the laws of this state punishable by imprisonment in the state prison, unless such person has been duly pardoned. This subsection shall not apply to
B. Effect of revocation of license. No license shall be issued for any premises if a license covering such premises has been revoked within six months prior to application. 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.
C. Inspection of application and premises. The Clerk/Treasurer shall notify the Chief of Police of all license and permit applications and these officials shall inspect, or cause to be inspected, each application and premises to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto and the applicant's fitness for the trust to be imposed. These officials shall furnish to the Common Council, in writing, the information derived from such investigation. No license or permit provided for in this chapter shall be issued without the approval of the Common Council.
D. Health and sanitation. No license shall be issued for any premises which does not conform to the sanitary, safety and health requirements of the Wisconsin Department of Commerce and the State Board of Health and to all such ordinance and regulations adopted by the City.
E. Delinquent taxes and assessments.
(1) Premises. No initial or renewal intoxicating liquor or fermented malt beverage license shall be granted for any premises for which taxes, assessments or other claims of the City are delinquent or unpaid.
(2) Persons. No initial or renewal intoxicating liquor or fermented malt beverage license shall be granted to any person:
(a) Delinquent in payment of any taxes, assessments or other claims owed to the City.
(b) Delinquent in payment of a forfeiture resulting from a violation of any City ordinance.
F. Cessation of operation. Where the holder of a "Class A," "Class B," Class "A" or Class "B" license ceases to operate or do business while the same is validly in force and effect, the licensee, or his heirs, may, at the discretion of the Common Council, continue to hold said license for its unexpired term and shall also be eligible to apply for and receive one normal one-year renewal thereof, it being the intent and purpose of this subsection to require the licensee, or his heirs, to consummate bona fide rental or sale of the business assets involved.
G. Supervision. For all licensed premises operating under a "Class A" liquor or Class "A" fermented malt beverage license, it shall be required that the licensee or a member of his immediate family, if an individual, or a duly licensed beverage operator be on the premises and in charge at all times. For purposes of this subsection, "in charge" is defined to mean not less than visual supervision.
H. Review prior to approval. No license or permit shall be issued to any person or officer or director of a corporation unless the application therefor shall first have been reviewed and a recommendation received from the Police Department. The foregoing prerequisite shall apply to both original and renewal applications.
I. Size limitation. No license or permit shall be issued to any Class "A" or "Class A" applicant unless the licensed premises has at least 100 square feet of area for display of the beer or intoxicating liquor inventory. [Added
§ 14-6. Closing hours.
A. Class B licenses. No premises for which a retail "Class B" liquor or Class "B" fermented malt beverage license has been issued shall remain open for the sale of liquor or beer on Monday through Friday between
B. "Class A" liquor license. No premises for which a retail "Class A" liquor license has been issued shall remain open for the sale of liquor or beer between
“Class A” and “Class C” liquor license. No premises for which a retail “Class A” liquor license or “Class C” Wine license has been issued shall remain open for the sale of liquor, wine or beer between the hours of 9:00 PM and 8:00 AM, except on December 24 the prohibited hours shall be between 6:00 PM and 8:00 AM. [added Class C to paragraph B on
C. Presence on premises after closing. It shall be unlawful for any person to remain in any licensed premises after closing except for reasons and under conditions herein provided. Any licensee desiring to make repairs or perform work incidental to the care or maintenance of such premises during closing hours shall be allowed to do so. Notwithstanding the provisions of this section, the licensee shall comply with the other provisions of § 14-8 of this chapter.
D. Premises to be lighted. During closing hours, the premises shall be illuminated sufficiently as to enable the premises to be observed by a police officer from without.
§ 14-7. Hours of sale for packaged goods.
A. Class B premises. Between the hours of
B. Class A premises. Between the hours of
§ 14-8. Search of licensed 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. Any refusal to permit such inspection shall automatically operate as a revocation of any license issued hereunder and shall be deemed a violation of this chapter.
§ 14-9. Posting license or permit.
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.
§ 14-10. Revocation and suspension of license or permit.
A. Procedure. Except as hereinafter provided, the provisions of § 125.12(2) and (3), Wis. Stats., shall be applicable to proceedings for the revocation and suspension of all licenses or permits granted under this chapter. Revocation or suspension proceedings may be instituted by the Common Council upon its own motion by adoption of a resolution.
B. Repossession of license or permit. Whenever any license or permit under this chapter shall be revoked or suspended pursuant to this section, it shall be the duty of the Clerk/Treasurer to notify the licensee or permittee of such suspension or revocation and to notify the Chief of Police, who shall take physical possession of the license or permit wherever it may be found and file it in the Clerk/Treasurer's office.
§ 14-11. Quotas.
A. Class "A" fermented malt beverage retailers' licenses. Two such licenses shall be available for issuance. Said number is established by the Common Council in order to set the number of licenses available for issuance at that number which presently are outstanding. No such license shall be issued without the prior approval of the Common Council, and, in addition, no license shall be issued to:
(1) A person who does not meet the requirements provided in § 14-5A of this chapter.
(2) A person whose license issued under this chapter has been revoked for cause.
(3) A person who, at the time of application for renewal of any license issued hereunder, would not be eligible for such license upon a first application.
(4) A partnership, unless all of the members of such partnership shall be qualified to obtain a license pursuant to this chapter.
(5) A corporation, if any officer, manager or director thereof or any stockholder owning in the aggregate more than 5% of the stock of such corporation would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the political subdivision.
(6) A person whose place of business is conducted by a manager or agent. The manager or agent must meet the qualifications required of the licensee.
(7) A person who operates a business which has 50% or more of gross sales of products other than intoxicating liquor, fermented malt beverages and groceries.
B. "Class A" intoxicating liquor licenses. The quota of retail "Class A" liquor licenses is one. Said quota is intended to reflect the prior existing policy of the Common Council of allowing one such license per 1,500 population or fraction thereof and is also intended to acknowledge the acquisition of two such licensed premises as a result of annexation.
C. "Class B" intoxicating liquor retailers' licenses. As provided in § 125.51(4),
D. Class "B" fermented malt beverage retailers' licenses. The quota for Class "B" fermented malt beverage retailers' licenses is seven. Said number is established by the Common Council in order to comply with the number of such licenses which have been previously issued and to have one additional license available in the future if the need arises.
E. “Class C” wine licenses. The quota for “Class C” wine retailers license shall be ________
§ 14-12. Demerit point system.
A. Purpose. The purpose of this section is to administratively interpret those portions of the Gillett Municipal Code relating to alcohol beverage violations and to establish an alcohol beverage demerit point system to assist in determining which license holders should be subject to suspension or revocation.
- Point schedule. The scheme of demerit points is listed according to the type of alcohol beverage violation. This demerit point system is used to identify habitually troublesome license holders who have repeatedly violated state statutes and this chapter, for the purpose of recommending suspension or revocation of their alcohol beverage license.
|
Municipal Code |
|
Type of Violation |
Point Value |
|
§ 14-2 |
|
Failure to be licensed |
100 |
|
§ 14-5 |
|
False statement or information on application |
50 |
|
§ 14-5G |
|
Failure to supervise |
25 |
|
§ 14-6A and B |
|
Violation of closing hours |
50 |
|
§ 14-6C |
|
On premises after closing |
50 |
|
§ 14-6D |
|
Failure to light premises |
25 |
|
§ 14-7 |
|
Carry-outs after hours |
50 |
|
§ 14-9 |
|
|
|
|
|
§ 125.04(10) |
Failure to post or frame license |
25 |
|
|
§ 125.04(12) |
Transfer of license without permission, including operating on another's license |
90 |
|
|
§ 125.07(1) |
Traffic to underage person |
50 |
|
|
§ 125.07(2) |
Traffic to intoxicated person |
50 |
|
|
§ 125.07(3) |
Underage person on premises |
25 |
|
|
§ 125.07(7) |
Failure to keep proper book |
25 |
|
|
§ 125.075 |
Injury or death by providing alcohol to underage persons |
75 |
|
|
§ 125.28 |
Wholesalers' restrictions |
50 |
|
|
§ 125.32 |
Conducting unlawful business |
50 |
|
|
§ 125.68(2) |
No license bartender |
25 |
|
|
§ 125.68(4) |
Sell, dispose or open after hours |
50 |
|
|
§ 125.68(5) |
Licensed premises to be safe and sanitary |
25 |
|
|
§ 125.68(9) |
Unlawful labeling |
25 |
C. In construing the number of points to be assessed for an alleged violation, it is the Code section or statute number rather than the type of violation that shall control. In determining the accumulative demerit points against a licensee within 12 or 18 months, the City shall use the date each violation was committed as the basis for a determination if there has been a conviction.
D. Suspension and revocation of license.
(1) If the demerit point accumulation, calculated from the date of violation, meets or exceeds 75 points in a twelve-month period, the Health, Protection and License Committee shall hold a hearing which shall operate as a warning. If the demerit point accumulation, calculated from the date of violation, meets or exceeds 125 points in a twelve-month period, the suspension shall be for a period of not less than three days nor more than 90 days. If the demerit point accumulation, calculated from the date of violation, meets or exceeds 150 points in an eighteen-month period, the penalty shall be a revocation of said license.
(2) The procedure to be used for revocation, suspension or nonrenewal shall be that found in § 125.12, Wis. Stats.
§ 14-13. Dispensing drinks in parks.
A. Definitions. As used in this section, the following terms shall have the meanings indicated:
FERMENTED MALT BEVERAGE — Includes beer, ale and any similar beverage made by the alcoholic fermentation of an infusion in potable water of barley malt or hops.
B. Glass containers prohibited. It shall be unlawful for any individual, firm, trust, partnership, association or corporation to dispense or serve any soft drinks or fermented malt beverages in any City of
C. Violations and penalties. Any individual, firm, trust, partnership, association or corporation violating any of the provisions of this section shall, upon conviction of the first offense, pay a fine or forfeiture to the City of Gillett as provided in Chapter 1, Article II of this Code, together with cost of prosecution, and in default of payment of such fine or forfeiture shall be imprisoned in the county jail for a period of three days or until such fine or forfeiture is sooner paid. Any individual, firm, trust, partnership, association or corporation violating any of the provisions of this section shall, upon conviction of a second or subsequent occurrence, pay a fine or forfeiture to the City of
§ 14-14. Possession or consumption in public places.
A. The drinking of any intoxicating liquor or fermented malt beverage or the possession of any open container which contains intoxicating liquor or fermented malt beverage is prohibited on any public way, public street, sidewalk, parking lot, boulevard, park or other area open to the public unless authorized by the Common Council. This section shall not be applicable in the municipal park known as "
B. Any person violating the provisions of this section shall, upon conviction, forfeit an amount as provided in Chapter 1, Article II of this Code, together with the cost of prosecution, and in default of payment of such forfeiture and cost shall be imprisoned in the Oconto County Jail for a period not exceeding 30 days.
C. Orby
§ 14-15. Underage persons.
A. Definitions. As used in this section, the following terms shall have the meanings indicated:
FERMENTED MALT BEVERAGE — Any liquor or liquid capable of being used for beverage purposes, made by the alcoholic 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 1/2 of 1% or more of alcohol by volume.
INTOXICATING LIQUOR — All ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing 1/2 of 1% or more of alcohol by volume, which are fit for use for beverage purposes.
LEGAL DRINKING
UNDERAGE PERSON — A person who has not attained the legal drinking age.
B. It shall be unlawful for an underage person to possess intoxicating liquors or to possess fermented malt beverages unless said person is accompanied by a parent, guardian or adult spouse who has attained the legal drinking age.
C. It shall be unlawful for an underage person to procure, knowingly possess or consume in public any fermented malt beverage or intoxicating liquor.
D. It shall be unlawful for a person to represent that he is of age for the purpose of asking for or receiving any intoxicating liquors or fermented malt beverages from any keeper of any place for the sale of intoxicating liquors or fermented malt beverages.
E. No intoxicating liquors or fermented malt beverages 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.
F. No underaged person, not accompanied by his parent, guardian or spouse who has attained the legal drinking age, may enter or be on any premises for which a license or permit for the retail sale of fermented malt beverages or intoxicating liquors 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. The following are exceptions to this subsection:
(1) An underage person who is a resident, employee, lodger or boarder on the licensed premises.
(2) An underage person who enters a "Class A" premises for the purpose of purchasing edibles and soft drinks and immediately thereafter leaves such premises.
(3) Licensed restaurants where the principal business is that of a restaurant.
(4) 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.
(5) An underage person who enters a Class "B" premises on dates specified by the licensee when no fermented malt beverages or intoxicating liquors 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 on all times.
G. Any person who shall violate this section shall, upon conviction, be subject to a forfeiture as provided in Chapter 1, Article II of this Code.
§ 14-16. Certain forms of nudity establishments having alcohol.
A. Improper exhibitions. 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 or patron to engage in, any live act, demonstration, dance or exhibition on the licensed premises which:
(1) Exposes his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
(2) Exposes any device, costume or covering which gives the appearance of or simulates genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
(3) Exposes any portion of the female breast at or below the areola thereof; or
(4) Engages in or simulates sexual intercourse or any sexual contact, including the touching of any portion of the female breast or the male or female genitals.
B. Penalty. Violation of this section shall be subject to a penalty as provided in Chapter 1, Article II of this Code.