Loading...
ORD1991718COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #718 AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 12.01 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Alcohol Beverage Licensing) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS : SECTION 1: Chapter 12.01 of the Municipal Code of the City of Muskego, Wisconsin, is hereby repealed and recreated. SECTION 2: Chapter 12.01 of the Municipal Code, entitled "Licensing Sales of Alcoholic Beverages" is hereby adopted as Ordinance #718 and made a part of the Municipal Code of the City. SECTION 3: A copy of said Ordinance has been on file in the Office of the City Clerk and open to public inspection for not less than two weeks prior to the date of this Ordinance and said Ordinance is hereby incorporated into the Municipal Code of the City. SECTION 4: The several sections of this Ordinance are declared to be severable. If any section or portion thereof shall be invalid, unlawful, or unenforceable, such decision shall apply be declared by a decision of a court of competent jurisdiction to only to the specific section or portion thereof directly specified provisions, sections, or portion thereof of the Ordinance which in the decision, and not affect the validity of all other terms are in conflict with the provisions of this Ordinance are shall remain in full force and effect. Any other ordinance whose hereby repealed as to those terms that conflict. effect from and after its passage, publication, and July 1, 1991. SECTION 5: This Ordinance shall be in full force and PASSED AND APPROVED THIS 25TH DAY OF JUNE , 1991. CITY OF MUSKEGO .UT e/ Wayhe G. Salentine, Mayor ATTEST : Published on the 3rd day of July , 1991. COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #718 AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 12.01 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Alcohol Beverage Licensing) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS : of Muskego, Wisconsin, entitled "Licensing Sales of Alcoholic SECTION 1: Chapter 12.01 of the Municipal Code of the City Beverages," is hereby repealed and recreated to read as follows: 12.01 LICENSING SALES OF ALCOHOLIC BEVERAGES (1) STATE STATUTES ADOPTED. The current and future provisions of Chapter 125, WIS. STATS., defining alcohol beverages, including provisions relating to the penalty to be and regulating the types, sale, procurement, dispensing, and transfer of imposed or the punishment for violation of such statutes, are adopted and made part of this section by reference. A violation of any such provision revisions, modifications or additions of the statutes incorporated herein, shall constitute a violation of this section. Any future amendments, are intended to be made part of this Ordinance in order to secure uniform statewide regulations of alcohol beverages in this State. (2) BASIC REQUIREMENTS. (a) Occupancy Permit Required. No person on any licensed premises, as defined in this Ordinance, shall conduct any transactions regulated by this Ordinance unless a Licensee holds a valid Occupancy Permit, as may be required, issued by the Municipality. The Occupancy Permit shall be specific in detail as to what area of the premises shall be grounds for suspension or revocation of any license or permit issued licensed for the sale of alcoholic beverages. Any violation is under this Chapter. (b) Seller's Permit Required. No person on any licensed premises, as defined in this Ordinance, shall conduct any transactions regulated under this section unless a licensee holds and maintains a valid Seller's Permit as required under 77.52 WIS. STATS., issued to the premises and licensee described in the license during the period of licensing. Any violation is grounds for suspension or revocation of any license or permit issued under this Chapter. (3) APPLICATIONS. A written application for any license or permit by the provisions of this Ordinance shall be on the form(s) provided by the Municipal Clerk. (a) Content. All applications other than operator's licenses shall contain all the information required under Section 125.04(3), WIS. STATS., and any other information required by the Municipal Clerk. Operator's license applications shall be on a form prescribed by the Municipal Clerk containing all information deemed necessary, including but not limited to name, residence, age, plus a written request of the holder of the alcohol beverage license. (b) Filing. All applications for licenses and permits to sell alcohol beverages shall be filed with the Clerk of the Municipality in which the premises are located as required by State law. Operator's licenses and licenses issued under Section 125.26(6), WIS. STATS., be filed with the Clerk at least 24 hours prior to granting of the for a picnic or other gathering lasting less than four (4) days must license or permit. -1- Licenses and permits may be issued by the Municipal Clerk under the authority of the Governing Body after payment of the appropriate fees, which when so issued shall permit the holder to sell, deal or traffic in alcoholic beverages as provided in Chapter 125. Fees for the above-noted licenses and permits shall be in such mount as may be established by the Governing Body from time to time by separate resolution. Any applicable publication fee and/or application fee and/or investigation fee shall be submitted with the license or permit application as may be established by the governing body from time to time by separate resolution. The fees for licenses or permits which are not granted shall be refunded after deducting the application fee and all actual publication fees and investigation fees. Fees for partial licensing years may be prorated at the discretion of the Governing Body. In all cases when an alcohol beverage license is issued for a partial year, a minimum fee of $25.00 and all actual publication fees and investigation fees must be paid. Once any license or permit is issued, no return of any payment shall be made regardless of whether the license or permit is used for the entire year. INVESTIGATION. Ordinance, the Municipal Clerk shall forward a copy of the application to Upon receipt of a license application under the provisions of this the appropriate persons to conduct an investigation of the applicant(8) as set forth below. (a) All Alcoholic Beverage Licenses. The Police Department, Fire Department, Health Department, and Building Inspector and other persons authorized, may conduct an investigation and inspection of the premises mentioned in the applications, to determine if the premises comply with all applicable regulations, ordinances and in the application to determine the suitability and character of the laws. The Police Department shall investigate all persons included applicants. (b) Operator's Licenses. The Police Department shall conduct an investigation of all new applicants to determine the suitability and character of the applicant. (c) Reports. Upon completion of all investigations, written reports shall be submitted the Municipal Clerk. The Clerk will then forward the application to the Governing Body for action. (d) Review. The Governing Body may refer any and all licenses to the appropriate committee for review and recommendation prior to action by the Governing Body. -2- (6) OPERATOR'S LICENSE. (a) Kinds of Licenses and Permits. 1. Regular Operator's License. Regular operator's licenses may be granted to individuals by the Governing Body for the purposes of complying with Section 125.32(2) and 125.68(2), WIS STATS., and this Chapter. The fee for said license shall be set by Resolution. 2. Provisional Operator's License. a. The Municipal Clerk, upon authorization by the chief presiding officer, may issue a provisional operator's license to an applicant in case of a bona fide emergency. An emergency shall be caused by such things as death, disability, absence of the regular operator on the premises and the like. The chief presiding officer before authorizing satisfactory record, and probably would be issued a regular such issuance, shall determine that the applicant has a operator's license. The license shall be valid for a period of not to exceed 60 days unless sooner revoked by the Governing Body. The fee for said license shall be set by Resolution. b. The Municipal Clerk, as the authorized representative of the Governing Body, may issue a provisional license to a person who is enrolled in a training course under WIS. STATS. 125.17(6)(a). The fee for said license shall be set by Resolution. 3. Temporary Operator's Licenses. Temporary operator's licenses may be granted to individuals pursuant to Section 125.17(4), WIS. STATS., by the Governing Body for the purpose of allowing said individuals to dispense and serve alcohol beverages under a license issued under Section 125.26(6) or Section 125.51(10), more than one license of this kind per year. Any temporary WIS. STATS. to a non-profit organization. No person may hold operator's license issued under this section shall be valid for any period from one day to 14 days, and the period for which it is valid shall be on the license. The fee for said license shall be set by resolution. (b) The Governing Body shall grant operator's licenses pursuant to this section as it deems fit. (c) All operator's licenses issued under this section shall expire bienially on June 30 of each year. (7) RESTRICTIONS ON GRANTING LICENSES. (a) Statutory Requirements. Licenses and permits shall be issued only to those persons eligible under Chapter 125 WIS. STATS. Licenses and permits granted in error shall be void. -3- Health and Sanitation Requirements. No retail Class A or Class B alcohol beverage license shall be issued for any premises which does not conform to the sanitary, safety and health requirements of the Relations pertaining to building6 electrical and plumbing, to the State of Wisconsin, Department of Industry, Labor, and Human rules and regulations of the State Department of Health and Social Services applicable to restaurants, if the premise is licensed to health and sanitation adopted by the Municipality, the County, the serve food, and to all such rules and regulations as to building, State or the Federal government. Delinquent Taxes, Assessments, Claims, et al. 1. No initial or renewal alcohol beverage license shall be issued for any premises or property for which taxes, assessments, unpaid. forfeitures, or claims for the Municipality are delinquent and 2. No initial or renewal license or permit shall be issued under this Code to any person who is: a. Delinquent in the payment of any taxes, assessment, or other b. Delinquent in the payment of a forfeiture resulting from the c. Delinquent in the payment of any taxes to the State or County. d. Who has any outstanding warrant or capias from any other claims owed the Municipality. violation of any ordinance of the Municipality. municipal, state or federal court. License Quota. 1. Class "A" Fermented Malt Beverage License. Class "A" Fermented Malt Beverage licenses shall be issued on the basis of the most the Wisconsin Department of Administration Population Estimates recent estimated population received by the City as determined by available for issue based on one (1) license per 1,600 population forwarded annually to the City of Muskego. Licenses shall be or fraction thereof over 1,600 within any license year, except no person licensed under a Class "A" retail fermented malt beverage license shall be deprived of such license merely because of the quota. 2. "Class A" Retail Liquor 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 (I) license per 2,750 population or fraction thereof over 2,750 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. 3. Class "B" Retail Fermented Malt Beverage Licenses. No more than 43 Class "B" Fermented Malt Beverage Licenses shall be issued within any license year. (Ord. #657, 8-3-89) -4- 4. "Class 8" Retail Liquor Licenses. The number of "Class 8" determined a8 provided in Section 125.512(4), WIS. STATS. (Ord. Retail Liquor Licenses issued within any license year shall be 0 #632, 3-23-89) (8) CONDITIONS OF LICENSE. 0 Consent to Inspection. Every applicant obtaining a license thereby consents to the entry of the police or other authorized representatives of the Municipality or the State at any reasonable time for the purpose of inspection and search, and consents to the removal from said premises all things found in violation of Municipal Ordinances or State Law and consents to the introduction of such things as evidence in any prosecution that may be brought for such of fenses. Safety and Sanitation Requirements. Each licensed premises shall be maintained and conducted in a sanitary manner and shall be a safe and proper place for the purpose being used. Sales on Credit Prohibited. No retail licensee shall sell or offer to sell any alcohol beverage to any person on credit except by a bona fide member, and by grocers and pharmacists who maintain a hotel to a resident guest, by a restaurant to a patron, a club to a credit system in connection with other purchases. No licensee shall sell alcohol beverages on a passbook or store order, or receive goods, wares, or merchandise in exchange for alcohol beverages. Orderly Conduct Required. Every licensed premises shall be conduct shall be allowed. conducted in an orderly manner and no disorderly, riotous or indecent Gambling Prohibited. Gambling shall not be permitted on a licensed premises, unless authorized by State law. Slot machines or other premises, unless authorized by State Law. devices of chance are prohibited and shall not be kept on the Lewd, Obscene, Performances, etc. Prohibited. No licensee shall advertise, produce, perform or allow any lewd, obscene, or indecent performance of any kind on the premises. Sale to Intoxicated Persons Prohibited. No licensee, agent, operator or server shall sell, give, procure or otherwise furnish any alcohol beverages to an intoxicated person. Underage Persons. No licensee shall employ any underage person to serve, sell, dispense, or give away an alcohol beverage unless The current and future provisions of Section 125.10(2), WIS. STATS., authorized by State Law or the General Codes of the Municipality. and Sections 125.07(4)(a), (b) or (bm), 125.08(3)(b) and 125.09(2), are adopted and made a part of this section by reference. A violation of any 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 alcohol beverages in this state. -5- Controlled Substance Use Prohibited. Any licensee, partner, agent, possession, delivery or intent to deliver, any controlled substance authorized representative or employee who is convicted of the use, defined and regulated under Chapter 161, WIS. STATS., may be considered grounds for the revocation or suspension of any license provided for in this ordinance. Regulation of Entertainment and Entertainers. No Class B licensee except a member of a band, a vocalist, a piano or organ player or a shall employ or permit to perform on the premises any entertainer, comedian. All such entertainers shall be fully clothed in such a manner as is acceptable in all public places. No licensee shall Dancing among patrons, but not between patron and employee, is allow any entertainment which makes an appeal to prurient interests. permitted upon permit. (9) MISCELLANEOUS GENERRL PROVISIONS. Transfer of Licenses. 1. The transfer of every alcohol beverage license shall be governed by 125.04(12), WIS. STATS. 2. No transfer of operator's license is permitted. 3. If the transfer is approved by the Governing Body pursuant to 125.04(12)4, all conditione set forth under this Code shall be complied with. 4. Failure to conform with the terms of license transfer shall be grounds for denial, suepension or revocation of license. Non-Renewal of Licenses. Before renewal of any license or permit issued under this ordinance is refused, the licensee or permittee shall be given written notice of any chargee or violations or reasons proposed for non-renewal, and shall have an opportunity to be heard before the Governing Body. Violations by Agents and Employees. A violation of this ordinance by an authorized agent or employee of the licensee shall constitute a violation by the licensee. Closing Hours. Closing hours shall be as set by State Statute with the following applicable local options: 1. If a wholesale license, between 5 p.m. and 8 a.m., except on Saturday when the closing hour shall be 9 p.m. 2. If a Retail Class "A" Fermented Malt Beverage License, between 9 p.m. and 8 a.m. 3. If a Retail "Class A" Intoxicating Liquor License, between 9 p.m. and 8 a.m. -6- (e) Local Option. The holder of a Retail "Class 8'' Liquor License shall be permitted to sell, deal and traffic in intoxicating liquors to be consumed by the glass only on the premises and in the original packages or containers in multiples not to exceed four (4) liters at any one time and to be consumed off the licensed premises. Off premise sales shall cease at midnight of each day. It is intended by this Section that the packaged sales from Class "B" licensed premises will not be permitted after midnight under the option granted herein. (10) REVOCATION AND SUSPENSION OF LICENSES. (a) Whenever the holder of any alcohol beverage license under this Ordinance violates any portion of this ordinance, proceedings for the manner and under the provisions established under Chapter 125.12, revocation or suspension of the license may be instituted in the WIS. STATS. In addition, the Governing Body, by its own motion by adoption of a resolution may begin proceedings for the revocation or suspension of such license. (b) Whenever the Governing Body or the Municipal 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 a licensed premises is in violation of any condition established, or required at the issuance of the license or of this Code, proceedings for the purpose of revoking, establishing new conditions, or continuing the license under previous conditions will be initiated under the same procedures as provided in sub. (a). (c) Operator's Licenses. Suspension or revocation of operator's licenses granted pursuant to this ordinance shall be governed as follows: 1. Any committee as established by the Governing Body may revoke or suspend an operator's license following hearing held by the Committee. Notice shall be mailed to the licensee not less than eight (8) days prior to the hearing or upon personal service of notice not less than (2) days prior to the hearing. 2. Appeal from the decision of the Committee may be made by the licensee upon filing a petition for review by the full Governing Body by presenting the petition and paying a fee of $100.00 to the Municipal Clerk. The Governing Body shall schedule a hearing not more than (30) days from the date the appeal is filed. (d) Automatic Revocation. Any license or permit issued under this ordinance may be revoked without further proceedings upon the conviction of the licensee, agent, employee or representative thereof, pursuant to Section 125.11, WIS. STATS. (11) PENALTIES. Any person, firm, corporation or the employee or agent of any this Code or Chapter 125, WIS. STATS., shall be subject to a penalty licensee under this ordinance, who shall violate any provisions of as provided in Section 25.04 of this Municipal Code. -7- 0 SECTION 2: 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 unenforceable, 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 portion thereof of the Ordinance which shall remain in full force and effect. Any other ordinance whose terms are in conflict with the provisions of this Ordinance are hereby repealed as to those terms that conflict. SECTION 3: This Ordinance shall be in full force and effect from and after its passage, publication, and July 1, 1991. PASSED AND APPROVED THIS 25TH DAY OF JUNE , 1991. CITY OF MUSKEGO ATTEST : r\ Published on the 3rd day of July , 1991. STATE OF WISCONSIN ) Milwaukee Counly ) ) ss. CWf OF MUEKEGO Official - Notice COMMON COUNCIL CITY OF MUSKEGO nRnrNANCl? a 71R --I ..... ” ..... RECREATE CHAPPER 12.01 OF. THE AN ORDINANCE TO REPEAL AND MlTNlCIPAL CODE OF THE CITY OF ......... MUSKEGO THE COMMON COUNCIL OF THE CITY nF MJSKEGO. ‘#IhSCONaM. ORDm AS FOLLOWS: SECTION 1: Chapter 12.Ol.of the Munici- pal Code of the City of Muskego, Wisconsin. is hereby repealed and recreated. pal Code, entitled “Licensing Sales of SECTION 2: Chapter 12.01 of the Munici- Alcoholic Beverages” is hereby adopted as Municipal Code of the City. Ordinance Y 718 and made a part of the SECTION 3: A copy of said Ordinance has been on file in the oplice of the City Clerk than two weeks prior to the date of this and open to public inspection for not less Ordinance and said Ordinance is hereby incorporated into the Municipal Code of the City. Ordinance are declared to be severable. If SECTION 4: The several nections of this any Mion or portion thereof shall be declared by a decision of a murt of mmpe- tent jurisdiction to be invalid. unlawful, or only to the eimeific section or portion thereof unenforceable, such decieion shall apply aKect the validity of all other provisions, directly specified in the decision, and not aedians, or portion thereof of the Ordinan& which shall remain in full force and effect. Any other ordinance whose tern are in codict with the provisions ofthis Ordinance connict. are hereby Fepealed as to those terms that SECTION 5: This Ordinance shall be in full farce and effect from and aRer its passage, publication, and July 1, 1991. DAY OF JUNE, 1991. PASSED AND APPROVED THIS 25th (Alcohol Beverage Limnsing) CITY’OF MUSKEGO lslWayne G. Salentine, Mayor ATTEST IdJean K. Marenda City Clerk Published on the 3rd day of July, 1991 being duly sworn, dolh depose and say lhal he is an aulhorized tepresenlalive of The.. N~~C#U.SIIII.. ....................... a newspaper published al ... Nukego.. ............. Wisconsin and lhal an adverlisemenl of which Ihe annexed is a ltue copy, laken from said paler, was published therein on ........................... ........................... . .I.. ... JUL .. 3.1991.. ..... ........................... ........................... ..... (Signed). BOOKKEEPER. Subscribed and sworn lo before me this .... 34 .%. ; . .day My Commission expirev ....... .AI?RI I.. 13. .. 19 .93 .. E ’: