ORD1986549ORDINANCE #549
STATE OF WISCONSIN CITY OF MUSKEGO WAUKESHA COUNTY
AN ORDINANCE
. REPEALING ALL PRIOR ORDINANCES RELATING TO
LICENSING SALES OF INTOXICATING LIQUORS
AND
RECREATING AN ORDINANCE RELATING TO THE
LICENSING SALES OF ALCOHOLIC BEVERAGES
IN THE
AND FERMENTED MALT BEVERAGES
CITY OF MUSKEGO
The Common Council of the City of Muskego, Waukesha County, State
of Wisconsin DO ORDAIN AS FOLLOWS:
SECTION 1. All prior ordinances adopted by the Common Council of
the City of Muskego relating to the licensing sales of intoxicating
liquors and fermented malt beverages and all ordinances dealing with or
relating matters currently covered by Chapter 125, Wis. Stats., dealing
with or relating to package goods sales, operator's permits OK
suspension of liquor licenses are hereby repealed.
SECTION 2. An ordinance relating to and the licensing sales of
alcoholic beverages is created to read as follows:
LICENSING SALES OF ALCOHOLIC BEVERAGES -" "_ -
(1) STATE STATUTES ADOPTED. The current and future provisions of
Ch. 125, Wis. Stats., defining and regulating the sale, procurement,
dispensing and transfer of alcoholic beverages, including provisions
relating to the penalty to be imposed or the punishment for violation of
such statutes, are adopted and made a part of this section by reference.
A violation of any of such provision shall constitute a violation of
this section. Any future amendments, revisions, modifications or
additions of the statutes incorporated herein are intended to be made
part of this Ordinance in order to secure uniform statewide regulations
of alcoholic beverages in the State.
(2) LICENSES, PERMITS, AUTHORIZATION REQUIRED.
When Revired. No person except as provided by
$125.06, Wis. Stats., shall within the City of Muskego distribute,
(a) _"
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vend, serve, sell, manufacture, rectify, brew or engage in any b'ther
activity for which this Ordinance or Ch. 125, Wis. Stats., required a
license, permit or other authorization without holding the appropriate
license, permit or other authorization as provided in this Ordinance.
(b) SeEarate License Required For Each Place of Sale.
Except for licensed public warehouses, a license shall be required for
each location OK premises which is in direct connection or communication
to each other where intoxicating liquor or fermented malt beverages are
stored, sold or offered for sale.
"
(3) CLASSES OF LICENSES AND FEE. The following classes and
denominations of licenses may be issued by the City Clerk under the
authority of the Common Council after payment of the fee herein
specified, which when so issued shall permit the holder to sell, deal or
traffic in alcohol beverages as provided in 9125.17, 125.25, 125.26,
125.28, 125.51 and 125.57, Wis. Stats. Except as otherwise provided in
this section, the license fee may be prorated by the Common Council on a
yearly basis. Fees shall be submitted with license applications. The
fees for license which are not granted shall be refunded after deducting
a partial administrative cost in the amount of the fee or $25.00,
whichever is less.
(a) Class "A" Fermented Malt Beverage Retailer's License.
$25.00 per year or fraction of year.
(b) Class "B" Fermented Malt Beverage Retailer's License.
$100.00 per year.
1. Six Month. A license may be issued at any time for six
months in any calendar year for which 3/4 of the applicable license fee
shall be paid; but such license shall not be renewable during the
calendar year in which issued.
2. Public or Social Gathering. $10.00 per day or fraction
thereof.
(c) Wholesaler's Fermented Malt Beverage License.
$25.00 per year or fraction of year.
(d) Retail "Class A" LiEor License.
$200.00 per year.
(e) Retail "Class B" Liquor License.
$200.00 per year.
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Licenses valid for 6 months may be issued at any time. The fee for
the license shall be 50% of the annual license fee. The license may not
be renewed during the calendar year in which issued.
(f) Pharmacists. $10.00 per year or fraction thereof.
(g) Operators.
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1. Kinds of Licenses.
A. Regular. Regular operators' licenses may be
granted to individuals by the Common Council for the purposes of
complying with §125.32(2) and 125.68(2), Wis. Stars. Operators'
licenses may be issued only on written application forms provided by the
City. The fee for said license shall be $25.00 biennially OK fraction
thereof.
B. Provisional. The City Clerk, upon authorization by
the Mayor, shall issue a provisional operator's license in case of a
bona fide emergency affecting a "Class B" or Class "B" retail licensee.
An emergency shall be caused by such things as death, disability,
absence of the regular operator on the premises and the like. The
Mayor, before authorizing such issuance, shall determine that the
applicant has a satisfactory record, and probably would be issued a
regular operator's license. The license shall be valid for a period not
to exceed 30 days unless sooner revoked by the Common Council. The fee
for said license shall be $10.00.
e
C. Temporary. Temporary operator's licenses may be
granted to individuals by the Common Council for the purpose of allowing
said individual to dispense and serve fermented malt beverages at a
public or social gathering licensed under Section 3(b)(2) of this
Section. The fee for said license shall be $10.00.
2. " Requirements of Operators.
A. Sales By Operators Only.
1. No person shall dispense any fermented malt
beverage or intoxicating liquors at any "Class B" OK Class "B" premises
unless:
a. the person holds a "Class B" or Class "B"
license, or
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and is at least of age to consume intoxicating liquors; OK
C. the person holds an operator's license.
2. This requirement does not apply to "Class A",
Class "A", or Public or Social Gathering, Class "B" Fermented Malt
Beverage Retailers' License which shall be controlled by State Law.
B. Employment of Underage Persons.
1. A "Class B" or Class "B" licensee may employ
any person under the age to consume intoxicating liquors who is 18 years
of age to serve fermented malt beverage OK intoxicating liquors. I
2. A "Class B" or Class "B" licensee may employ
any person under the age to consume intoxicating liquors who is at least
16 years of age to work in a "Class B" or Class "B" premises but said
underage person may not dispense or serve fermented malt beverage or
intoxicating liquors.
3. A "Class B" OK Class "B" license may employ any
'0 person under the age to consume intoxicating liquors who is at least 14
years of age, who is an immediate family member and who lives on the
premises, to work in a "Class B" or Class "B" premises, but said underage
person may not dispense or serve fermented malt beverage or intoxicating
liquors.
(4) RESTRICTIONS ON GRANTING LICENSES.
(a) Health and Sanitation Rguirements. No retail Class "B"
or "Class B" license shall be issued for any premises which does not
conform to the sanitary, safety and health requirements of the State of
DepaKtment of Industry, Labor and Human Relations pertaining to
buildings and plumbing, to the rules and regulations of the State
Department of Health and Social Services applicable to restaurants and
to all such rules and regulations as to health and sanitation adopted by
the City.
(b) Delinquent Taxes, Assessments and Claims.
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1. Premises. No initial or renewa
operator's license shall be granted to any
a. Delinquent in payment
other claims owed to the City.
b. Delinquent in payment
from a violation of any ordinance of the C
(c) Location.
1. No retail "Class A" or "C
1 alcoho 1 beverage
license shall be granted for any premises for which taxes, assessments
or the claims for the City are delinquent and unpaid.
2. Persons. No initial or renewal alcohol license or
person:
of any taxes, assessments or
of a forfeiture resulting
ity.
:lass B" liquor license shall
be issued for premises, the main entrance of which is less than 300'
from the main entrance of any establishment, public school, parochial
school, hospital, church or playground nor in any area not considered
compatible with such use at the time license is granted. Such distance
shall be measured by the shortest route along the highway from the
closest point of the main entrance of such school, church, hospital or
playground, to the main entrance to the premises covered by the license.
2. This paragraph shall not apply to premises licensed as
such on June 30, 1947, nor shall it apply to any premises licensed as
such prior to the occupation of real property within 300' thereof by any
school building, hospital building or church building.
(5) CONDITIONS OF LICENSE.
(a) Consent to Inspection. Every applicant procuring a
license thereby consents to the entry of police or other authorized
representatives of the City at any reasonable time for the purpose of
inspection and search, and consents to the removal from said premises of
all things there had in violation of State Law or City Ordinances and
consents to the introduction of such things in evidence in any
prosecution that may be brought for such offenses.
(b) Safet and Sanitation Requirements Each licensed ""Y""""""""
premises shall be maintained and conducted in a sanitary manner and
shall be a safe and proper place for the purpose for which used.
(c) Sales by Clubs. No club shall sell intoxicating liquors
or fermented malt beverages except to members and guests invited by
members.
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0 (d) Sales on Credit Prohibited. No retail "Class A" or
"Class B" license shall sell or offer to sell any fermented malt
beverages or intoxicating liquors to any person on credit except by a
hotel to a resident guest, a club to a bona fide member, and by grocers
and pharmacists who maintain a credit system in connection with other
purchases. No licensee shall sell fermented malt beverages or
intoxicating liquors on a passbook or store order or receive goods,
wares or merchandise in exchange for intoxicating liquor or fermented
malt beverages.
(e) Orderly Conduct Required. Every licensed premises shall
be conducted in an orderly manner and no disorderly, riotous or indecent
conduct shall be allowed.
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(f) Gambling Prohibited. Gambling shall not be permitted on
a licensed premises. Slot machines or other devises of chance are
prohibited and shall not be kept on the premises.
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(g) Obstruction of View Prohibited. No premises licensed for
the sale of intoxicating liquor or fermented malt beverages at retail
shall, during the days they are required to close or during the hours in
which the sale of liquor or malt beverages is prohibited, obstruct by
the use of curtains, blinds, screens or in any other manner, a full and
complete view of the interior from the outside. During the hours in
which the sale of intoxicating liquor is permitted a full and complete
view of the interior from the outside shall be afforded either through
an entrance door or a window and during such hours the premises shall be
properly and adequately lighted.
(h) No license holder shall advertise, produce, perform, or
allow any lewd, obscene or indecent performance of any kind on the
premises.
( 6) QUOTAS.
(a) Class "A" Fermented Malt Beverage License. Class "A"
Fermented Malt Beverage Licenses shall be issued on the basis of the
most recent estimated population received by the City as determined by
the Wisconsin Department of Administration Population Estimates
forwarded annually to the City of Muskego. Licenses shall be available 0 for issue based on one (1) license per 1600 population or fraction
thereof over 1600 within any license year, except no person licensed
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under a Class" A" retail fermented malt beverage license shall be
deprived of such license merely because of the quota.
(b) "Class A" Retail LiEor Licenses. "Class A" Retail
Liquor Licenses shall be issued on the basis of the most recent
estimated population received by the City as determined by the Wisconsin
Department of Administration Population Estimates forwarded annually to
the City of Muskego. Licenses shall be available for issue based on one
(1) license per 2,150 population or fraction thereof over 2,150 within
any license year, except no person licensed under a "Class A" Retail
Liquor License shall be deprived of such license merely because of the
quota.
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(c) Class "B" Retail Fermented Malt Bever%e Licenses. No
more than 39 Class "B" retail fermented malt beverages licenses shall be
issued within any license year, provided this limitation does not apply
to bona fide clubs, lodges, posts or societies which have been in
existence for not less than 2 years prior to the date of application.
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(dl The number of "Class B" retail liquor licenses issued 0 within any license year shall be the number issued and outstanding on
June 1 of the previous license year until the number of such licenses
shall be reduced to I for each 500 inhabitants. Thereafter, the quota
of such licenses shall be determined as provided in §176.05(21) Wis.
Stats., except that such quota shall not include the number of licenses
lawfully issued and in force on August 27, 1939.
(7) CLOSING HOURS. No premises for which an alcohol beverage
license has been issued shall remain open for the sale of alcohol
beverages :
(a) If a wholesale license, between 5 p.m. and 8 a.m., except
on Saturday when the closing hour shall be 9 p.m.
(b) If a retail Class "A" fermented malt beverage license,
between 9 p.m. and 8 a.m.
(c) If a retail "Class A" intoxicating liquor license, between
9 p.m. and 8 a.m.
(dl If a retail Class "B" fermented malt beverage or "Class B"
intoxicating liquor license, between I a.m. and 8 a.m., except on
January 1, when the closing hours shall be between 3 a.m. and 8 a.m.,
and except on that day of each year when the standard of time is
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advanced under Wis. Stats., when the closing hours shall be between 2
a.m. and 8 a.m. No package, container or bottle sales may be made after
12 midnight.
(e) Hotels and restaurants whose principal business is the
furnishings- of food or lodging to patrons, and bowling alleys and golf
courses, may remain open for the conduct of their regular business but
no intoxicating liquors or fermented malt beverages shall be sold during
prohibited hours.
(8) REVOCATION AND SUSPENSION OF LICENSES.
(a) Procedure. Whenever the holder of any license under this
section violates any portion of this section, proceedings for the
revocation or suspension of such license may be instituted in the manner
and under the provisions therein relating to granting a new license
shall likewise be applicable. In addition to the procedure established
by 8125.12, the City Council, by its own motion by adoption of a
resolution may begin proceedings for the revocation or suspension of
said license.
(b) Whenever the Council or City Clerk, as agent thereof, is
made aware of an incompatibility in the operation of a licensed premises
in relation to its surrounding or nearby environment or in violation of
any condition, established at the issuance of the license, a review for
the purpose of revoking, establishing new conditions, or continuing the
license under previous conditions will be initiated under the same
procedures as provided under the provision of this section.
SECTION 3. The several sections of this ordinance are declared
to be severable. If any section or portion thereof shall be declared by
a decision of a court of competent jurisdiction to be invalid, unlawful,
or enforceable such decision shall apply only to the specific section or
portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portions thereof of the
ordinance which shall remain in full force and effect. Any other
ordinances whose terms are in conflict with the provisions of this
ordinance are hereby repealed as to those terms that conflict.
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SECTION 4. This ordinance shall take effect immediately upon
I I passage and posting or publication as provided by law.
I Passed and adopted this day of APRIL- , 1986. _""
BY ORDER OF THE COMMON COUNCIL OF
THE CITY OF MUSKEGO, WAUKESHA
COUNTY, WISCONSIN
ATTEST : I i
Published or posted on the 17"- day of - pu& """ , 1986.
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STATE OF WISCONSIN )
Milwaukee.County )
) ss.
(SEAL)
Jerrlfh #. Van Eimereil being duly sworn,
doth depose and say that he is an authorized representative of
The ...................................... Muskego Sun
Wisconsin and that an advertisement of which the annexed is a
a newspaper published at .. M.u.?k?g? ..............
true copy, taken from
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(Signed).
U BOOKKEEPER.
Subscribed and sworn to before me this . . ,/z-. .day A
of.. .... ... .Re. 2, 1 J.4 &&
...... .............
Notary Public,&kilrwkee Coun~y Wisconsin
My Commission expires .. Feb. 8. . 19 Ai!
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