Municipal Code - City of South Milwaukee

CITY OF SOUTH MILWAUKEE

19-1 19.00

CHAPTER 19

LIQUOR AND BEVERAGE REGULATIONS

19.00 FERMENTED MALT BEVERAGES, NON-INTOXICATING BEVERAGES, AND SODA WATER BEVERAGES.

(a) Pursuant to and subject to the provisions of Chapter 125 of the Wisconsin Statutes regulating alcohol beverages and the following provisions of this ordinance, the Common Council may issue Alcohol Beverage Licenses to those they deem fit upon proper application and payment of the appropriate fees to the City Treasurer. Cr. 03/01/83, 1232; Renumbered 06/03/86, 1327

(b) Violations of any provision of this ordinance shall be punished according to the penalties established in Chapter 125 of the Wisconsin Statutes. Cr. 03/01/83, 1232; Renumbered 06/03/86, 1327

(c) Applications for Operator's Licenses shall be referred to the Police Department for investigation and return of a written report and recommendation. The City Clerk shall notify the Chief of Police, Building, Electrical, Plumbing, Health, and Fire Inspectors of each Class A and Class B Fermented Malt Beverage and/or Liquor License application, and these officials shall inspect, or cause to be inspected, each application and the premises together with such other investigation as shall be necessary to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto, including those governing sanitation in restaurants, and whether the applicant is a proper recipient of a license. These officials shall each furnish to the Common Council, in writing, the information derived from such investigation, accompanied by a recommendation as to whether a license shall be granted or refused. No license shall be renewed without a reinspection of the premises and report as originally required. Cr. 03/01/83, 1232; Renumbered 06/03/86, 1327

(d) The City Clerk is authorized to issue operator's licenses when the following conditions are met:
i. The application is complete and the report of the police department reveals no convictions for offenses which would preclude the applicant from being issued a license, or evidence that the applicant has previously been denied a license or has had a license revoked in any Municipality in the State of Wisconsin; and
ii The applicant has completed all the requirements applicable under Chapter 125, Wis. Stats. and the city of South Milwaukee Ordinances; and
iii The City Clerk has posted a list of applicants in City Hall at least two weeks prior to issuing the license; and
iv The applicant is not a corporation; and
v No City Official or resident has requested the Legislation & Permits Committee review the application.

Where any one of these conditions is not met or where a request for a review by the Legislation & Permits Committee is received by the City Clerk, the application shall be referred to the Legislation & Permits Committee and the Committee is hereby authorized to determine whether or not the license shall be issued or reissued or denied. The Legislation & Permits Committee shall file a written report of its decision with the City Clerk at the conclusion of its review. Rep. & Recr. 2/6/07, 1932

(e) Fees for licenses shall be those set by state law and by resolution of the Common Council. Reserve Class B Liquor License fees shall be the minimum allowed by State laws and regulations. Annual fees shall be prorated for less than one year as required by Chapter 125 of the Wisconsin Statutes. Cr. 03/01/83, 1232; Renumbered 06/03/86, 1327; Rep. & Recr. 04/21/98, 1705; Rep. & Recr. 04/20/99, 1734

(f) All licenses shall expire on June 30th following issuance. Cr. 03/01/83, 1232; Renumbered 06/03/86, 1327

(g) The number of Retail Class A Liquor Licenses granted shall be limited to 12. Such licenses shall be issued only for premises located in a zoning district wherein such use is permitted under Chapter 15 of the Municipal Code of the City of South Milwaukee. Cr. 03/01/83, 1232; Renumbered 06/03/86, 1327; Amended 5/3/11, 2022

(h) CONDITIONS OF LICENSE. All Retail Class A and Class B Licenses granted hereunder shall be granted subject to the following conditions, and all other conditions of this section and subject to all other ordinances and regulations of the City applicable thereto:

(1) Every applicant procuring a license thereby consents to the entry of Police and Health Officers upon the premises at all reasonable hours for the purpose of inspection and search of the entire premises and consents to the removal from said premises of all things and articles there had, used or operated 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 offense. Renumbered 03/01/83, 1232 & 06/03/86, 1327

(2) No club shall sell intoxicating liquors except to members or guests invited by members. Renumbered 03/01/83, 1232 & 06/03/86, 1327

(3) Each 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. Renumbered 03/01/83, 1232 & 06/03/86, 1327

(4) No Retail Class A or Class B Licenses shall sell or offer to sell any intoxicating liquor to any person on credit. Renumbered 03/01/83, 1232 & 06/03/86, 1327

(5) No gambling or game of chance of any sort shall be permitted in any form upon the licensed premises. Slot machines, punch boards, or any devices of chance are prohibited and shall not be kept upon the premises. Renumbered 03/01/83, 1232 & 06/03/86, 1327

(6) Repealed. March 21, 2006, 1906

(8) When sale of intoxicating liquor and malt beverages is prohibited during specified hours of the day, the barroom and any other room on the premises not occupied as strictly living quarters shall be cleared of occupants, and entrances and exits to and from such places shall be bolted and locked. No sale of any intoxicating liquor or malt beverages shall be made in any part of the premises after closing hours. During the time when the sale of intoxicating liquor and malt beverages is prohibited, a clear view from the outside of the interior of the barroom and wine room on the premises shall be maintained, and any screen or shade that prohibits such view shall be raised or drawn. Cr. 03/01/83, 1232; Renumbered 06/03/86, 1327

(i) SEVERABILITY CLAUSE. If any subsection, sentence, clause or phrase of this section is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this section. The Common Council hereby declares that it would have passed this section and each subsection, clause and phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses and phrases be declared unconstitutional. Renumbered 03/01/83, 1232 & 06/03/86, 1327

(j) All applications for licenses to sell alcohol beverages shall be filed with the City Clerk at least 15 days prior to granting the license. Cr. 03/01/83. 1232; Renumbered 06/03/86, 1327

(k) (1) A Class B License shall be issued only for that portion of the premises located on the first or ground floor. No such license shall be issued for the basement floor nor for any floor above the ground floor of any premises. This restriction may be waived by the Common Council in cases where by virtue of the applicant's history or particular circumstances of the premises, the Common Council finds sufficient guarantee that all business on the premises will be conducted in a lawful manner and that the health, safety and welfare of the community as a whole as well as the patrons of the premises will be jeopardized by such waiver. Cr. 03/01/83, 1232; Renumbered 06/03/86, 1327

(2) No alcoholic beverage shall be sold, dispensed or offered for sale in any room on the licensed premises except that room in which the license is posted. Cr. 03/01/83, 1232; Renumbered 06/03/86, 1327

(l) The City Clerk is authorized to issue provisional operator licenses pursuant to Section 125.17(5) of the Wisconsin Statutes and the following: Cr. 08/16/94, 1574

(1) The fee for such license shall be $15.00.

(2) The fifteen (15) day waiting period otherwise applicable pursuant to Section (j) hereof does not apply to the issuance of provisional operator licenses where all other requirements have been met.

(3) The license shall be issued for such time as the City Clerk deems reasonable to complete the training course and review of the application, but not more than sixty (60) days.

(4) Provisional license shall be issued only upon proof satisfactory to the City Clerk that the applicant has enrolled in the training course required by Section 125.17(5) of the Wisconsin Statutes and has met the requirements for a provisional license contained in Chapter 125 of the Wisconsin Statutes.

i. A copy of the applicant’s current Seller’s Permit issued by the State of Wisconsin.

ii. The applicant’s federal employer’s tax identification number.

iii. Proof of ownership or tenancy of the premises to be licensed.

iv. Proof of Responsible Beverage Server’s Training course completion when required.

v. A statement from the Building Inspector, Health Department or City Sanitarian, Police Department and Fire Inspector recommending approval or disapproval of the license.

(p) The omission of required information or providing false information will be grounds for denial or revocation of any license issued. Cr. 09/07/99, 1744

(q) All applicants who are required to complete an alcohol beverage server’s course under Wisconsin State Statutes shall provide proof of completion of the course and a certificate demonstrating such completion as a condition precedent to issuance of the license applied for under this chapter. A Provisional Operator’s License may be issued on proof that the applicant has enrolled in the training course. Cr. 09/07/99, 1744

(r) All conditions upon which a license is approved and all other conditions precedent to the issuance of any license authorized to be issued pursuant to Chapter 125 of the State Statutes shall be satisfied within 30 days of the date on which the Common Council approves the license or the approval and application shall lapse and no license shall be issued upon such lapsed approval and application. Cr. 09/07/99, 1744

19.01 (a) The following provisions of Chapter 125, Wisconsin Statutes, are hereby adopted as though fully set forth herein together with any future renumbering or amendments which may be made in the future. Such future amendments or renumbering are hereby adopted herein and shall become effective at the time they become law. The specific sections of Chapter 125 shall be numbered as indicated hereafter: Cr. 04/17/84, 1261; Renumbered & Am. 06/03/86, 1327

(b) . . . 125.02

(d) . . . 125.08

(e) . . . 125.09

(f) . . . 125.12

(g) . . . 125.14

(h) . . . 125.25

(i) . . . 125.26

(j) . . . 125.27

(k) . . . 125.32

(l) . . . 125.51

(m) . . . 125.66

(n) . . . 125.67

(o) . . . 125.68

Section 19.02 renumbered 03/01/83, 1232; Rep. & Recr. 11/17/98, 1718

19.02 (1) NUDE DANCING IN LICENSED ESTABLISHMENTS PROHIBITED. It is unlawful for any person to perform or engage in, or for any licensee or manager or agent of the licensee to permit any person, employee, entertainer or patron to perform or engage in any live act, demonstration, dance or exhibition on the premises of a licensed establishment which: Am. 04/05/00, 1764

Shows his or her genitals, pubic area, vulva, anus, anal clef or cleavage with less than a fully opaque covering; or

Shows any portion of the female breast below a point immediately above the top of the areola; or Am. 04/05/00, 1764

Shows the covered male genitals in a discernibly turgid state.

(2) EXEMPTIONS. The provisions of this ordinance do not apply to the following licensed establishments: theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers or entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.

(3) DEFINITIONS. For purposes of this ordinance, the term “licensed establishment” means any establishment licensed by the common council of the City of South Milwaukee to sell alcohol beverages pursuant to Ch. 125, Stats. The term “licensee” means the holder of a retail “Class A”, “Class B”, Class “B”, Class “A”, or “Class C” license granted by the common council of the City of South Milwaukee pursuant to Ch. 125, Stats.

(4) PENALTIES. Any person, partnership or corporation who violates any of the provisions of this ordinance shall be subject to a forfeiture of not less than $300.00, and not more than $1,600.00 per violation. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this ordinance constitutes sufficient grounds for suspending, revoking or non-renewing an alcohol beverage license under sec. 125.12, Stats.

(5) SEVERABILITY. If any section of this ordinance is found to be unconstitutional or otherwise invalid, the validity of the remaining sections shall not be affected.

19.03 Renumbered 03/01/83, 1232

(1) As provided in Section 176.05(21), Wisconsin Statutes.

(2) DISCONTINUANCE OF LICENSES. Whenever a location which has been licensed as a Class "B" Liquor License premises for the sale of intoxicating liquor has failed to renew that license within 90 days after the June 30th expiration date, the license for such locations shall be reviewed by the Legislation and Permits Committee as soon after the 90 day grace period as possible with express purpose of evaluating whether the license shall, in the future, be available and/or whether no new license shall be available for that location or any other location. The Legislation and Permits Committee shall make their recommendation to the Common Council for final action whether to retire the license or reissue the license. Any license retired under this paragraph shall not be reissued to the same or any other person or location. Any license which has been revoked by action of the Legislation and Permits Committee or the Common Council as a sanction for violations or abuse of the license privilege shall be permanently retired and not available for reissue to the same or any other person. No license shall be permanently retired by revocation unless the owner of the premises licensed shall be first given notice of the intent to permanently retire the license and be given the opportunity to be heard on the propriety of permanent retirement of the license. Rep. & Recr. 03/19/85, 1291; Am. 04/21/98, 1705

(3) The purpose of this provision is to reduce the number of Class "B" Liquor Licenses available.

19.04 (A) Each premises shall be conducted in a sanitary manner and shall be a safe and proper place for the purpose for which used. The Board of Health of the City is authorized and empowered to make reasonable and general rules for the sanitation of all places of business possessing licenses under this chapter. Such rules or regulations may be classified and made applicable according to the class and shall have the same force as though fully set out in this chapter and infraction thereof may be punished as a violation of this chapter. Cr. 03/01/83, 1232

(B) The rules and regulations made by the State Board of Health governing sanitation in restaurants shall apply to all Class B licenses issued under this chapter. No Class B License shall be issued unless the premises to be licensed conform to such rules and regulations. Cr. 03/01/83, 1232

19.05 A violation of this chapter by an agent or employee of a licensee or permit holder shall constitute a violation by such licensee or permit holder. Cr. 03/01/83, 1232

19.06 Pursuant to the authority contained in Section 125.315(3)(d), Wisconsin Statutes, premises licensed as Class A for the sale of fermented malt beverages under Section 125.25, Wisconsin Statutes, in the City of South Milwaukee may not sell fermented malt beverages between the hours of 9:00 P.M. and 8:00 A.M. Cr. 10/01/91, 1499

19.07 Manager’s Licenses.

(2) The fee for the license shall be established by the Common Council by resolution.

(3) Any person acting as a manager of a licensed premises without a manager’s license shall be subject to a forfeiture of not less than $200.00 nor more that $1,000.00 for such violation. Each day a person acts as a manager without a license constitutes a separate offense.