ORD1995878COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #E78 .-
AN ORDINANCE TO CREATE SECTION 12.01(5.5),
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Provisional Retail License)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1: Section 12.01(5.5) of the Municipal Code of the City
of Muskego, Wisconsin, is hereby created to read as follows:
(5.5) Provisional Retail License.
a. The City Clerk may issue a Provisional Retail License
to any person who has applied for a Class A Retail
Fermented Malt Beverage License, a Class B Retail
Fermented Malt Beverage License, a Class A Retail
Liquor License, or a Class B Retail Liquor License and
whose license application has been approved by the
Common Council except for the failure of the applicant
to have completed a Responsible Beverage Server Course
as required under §125.04(5)(a)5, Wis. Stats. The
activities authorized by the type of retail license
Provisional Retail License shall authorize only those
who is in the course of completing a Responsible
applied for and shall only be issued to an applicant
§125.04(5)(a)5, Wis. Stats.
Beverage Server Course as required under
b. A Provisional Retail License shall expire sixty (60)
days after the issuance of the Provisional Retail
License or upon the issuance of the Class A Retail
Fermented Malt Beverage License, a Class B Retail
Fermented Malt Beverage License, a Class A Retail
Liquor License, or a Class B Retail Liquor License to
the holder, whichever is sooner.
c. The City Clerk may revoke the Provisional Retail
License if he or she discovers that the holder of the
license made a false statement on the application.
d. The fee for a Provisional Retail License shall be in
such amount as may be established by the Governing
Body from time to time by separate resolution.
e. No person may hold more than one Provisional Retail
License for each type of license applied for by the
holder per year.
f. No person shall apply for or obtain a Provisional
Retail license for purposes of circumventing the
license requirements of this Code. A Provisional
Retail License shall only be issued to a person who
has satisfied all provisions of this Code and whose
application for-i regular Retail Malt Beverage or
Liquor License .has been approved by the Common
Council, but who cannot obtain such license because of
Course as required under §125.04(5)(a)5, Wis. Stats.
failure to complete the Responsible Beverage Server
Ordinance #878
0~- to be severable. If any section or portion thereof shall be
SECTION 2: The several sections of this ordinance are dec?ared
declared by a decision of a court of competent jurisdiction to be
only to the specific section or portion thereof directly
invalid, unlawful, or unenforceable, such decision shall apply
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 and publication.
PASSED AND APPROVED THIS 28th DAY OF NOVEMBER , 1995
CITY OF MUSKEG0 /
First Reading 11/14/95
ATTEST :
K. m& Marenda, City Clerk
Published on the 7th day of
December, 1995.
11/95 jep
STATE OF WISCONSIN ) JUDITH Z~OLKOWSKI being duly sworn,
Milwaukee County The. . MvsKSGO, SUN.. .... .........
) ss. doth depose and say that he is an authorized representative of
a newspaper published at .................... MUSKEGO
Official Notice Wisconsin and that an advertisement of which the annexed is a
COMMO~CIL .
CITY .OF MUSKEG0
AN ORDINANCE TO CREATE SECTION ORDINANCE #878
THE CITY OF hfUSKFXX3 12.01(5.5), OF THE MUNICIPAL CODE OF
..........
(Provisional Retail License) THE COMMON COUNCIL OF THE CITY
WISCONSIN. DO ORDAIN AS FOLLOWS:
OF MUSKEGO, WAUKESHA COUNTY,
~ ~ ~~~~ -. SECTIONi:SeetionlZ.Oli5.5)oftheMun-
idpal Cdde of the City of Muskego. Wisoon-
sin, is hereby c,reatid to read an follows:
(5.5) Provisional Retail License.
Retail License to any pereon who has applied
a. The City Clerk may issue a Provisional
%~'Cl&s A Retail Fennented Malt Bever-
Beverage License, a Class A Retail Liquor
ageLicense,aClassBRetailFermentedMalt
License, or a Class B Retail Liquor License
and.whose license application ha8 been ap-
proved by the Common Council except for the
failure of the applicant to have completed a
Responsible Beverage Server Course as re-
quired under $ 125.04(5)(a)5, Wis. State. The
Profisional Retail License shall authorize
only those activities authorized by the type of
issued to an applicant who is in the course of
retail license applied for and shall only be
completing a Responsible Beverage Server
Wis. Stab.
Course as required under 5 125.O.U5)(e)5.
b.AhovisionalRetailLicenseshallexpire
sixty(60)daysaRertheissuanceoftheProvi-
sional Retail License or upon the issuance of
the Class A atail Fermented Malt Beverage
License, aClassB Retail FermentedMalt Be-
verage License, a Class A Retail Liquor
License. or a Class B Retail Liquor License to
the holder. whichever is moner.
sional Retail License if he or she discovers
c. The City Clerk.may revoke the Provi-
that the holder of the license made a false
statement on the application.
d. The fee for a Roviaihoal &tail License
lished by the Governing Body from time to
shall be in such amount as may be estab-
time by separate resolution.
sional Retail License for each type of license
e.NopersonmayholdmorethanoneProvi-
applied for by the holder per year.
visional Retail licenise for purposes ofcire-.
f. No person shall apply for or obtain a Ro-
venting the license requirements of this
beissuedtoapersonwhohassati~~edaUp~-
Code. A Provisional Retail License shall only
nsionsofthisCodeandwhoseapplicatimfor
a MgUlat Retail Malt Beverage or Liquor
License has been approved by the Common
because of failum to complete the Responsi-
COUnCil, but who cannot obtain such license
ble Beverage Server Course as rmd
under B 125.0416)IaW, Wis. State.
SECTION 2: The several sections or this
ordinance are declared to be severable. lfany
sections or portion thereof shall be declared
by a decision ofa court ofcompetent jurisdic-
such dedaion shall apply oh&,.the apeeific
tion to be invalid, unlawful. unenforceable,
sedm or portion thereof directly specified in
o~evpyvidiha. +ionsb m pmtim thereof, of the ~&ai& ~hi& bhall %main in full
force and effect. Any otherTdiimnee who&
terms are in conflict with the pmvisions of 1
this ordinance are hereby repealed 8s to those
temm that codict.
SECTION 3 This ordinance shall be in full
force and effect fmm and aRer its passage and Dublieation.
"- -
- the decision. and not &e& the validity of au
-_L ~-
DAY OF NOVEMBER, 1995.
PASSED AND APPROVED THIS 28th
CITY OF MUSKEGO
/d David L. De Angelis
Mayor AITEST
fa/ Jean K Marenda City Clerk
true copy, taken from said paper, was published therein on
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(Signed).
BOOKKEEPER,
Subscribed and sworn to beforeale this .. day
My Commission expires IY