§ 7-2-4. Classes of Licenses.

(a)

Retail "Class A" Intoxicating Liquor License. A retail "Class A" intoxicating liquor license, when issued by the City Clerk under the authority of the Common Council, shall permit its holder to sell, deal and traffic in intoxicating liquors only in original packages or containers and to be consumed off the premises so licensed. Such license shall be issued with an effective date of July 1st, but may be issued by the City prior to that date. The license shall expire on the following June 30th.

(b)

Retail "Class B" Intoxicating Liquor License. A retail "Class B" intoxicating liquor license, when issued by the City Clerk under authority of the Common Council, shall permit its holder to sell, deal and traffic in intoxicating liquors to be consumed by the glass only on the premises so licensed and in the original package or container in multiples not to exceed four (4) liters at any one (1) time, to be consumed off the premises, except that wine may be sold in the original package or otherwise in any other quantity to be consumed off the premises. Such license shall be issued with an effective date of July 1st, but may be issued by the City prior to that date. The license shall expire on the following June 30th.

(c)

Class "A" Fermented Malt Beverage Retailer's License. A Class "A" retailer's fermented malt beverage license, when issued by the City Clerk under the authority of the Common Council, shall entitle the holder thereof to possess, sell or offer for sale fermented malt beverages only for consumption away from the premises where sold and in the original packages, containers or bottles. Such license shall be issued with an effective date of July 1st, but may be issued by the City prior to that date. The license shall expire on the following June 30th.

(d)

Class "B" Fermented Malt Beverage Retailer's License.

(1)

License. A Class "B" fermented malt beverage retailer's license, when issued by the City Clerk under the authority of the Common Council, shall entitle the holder thereof to possess, sell or offer for sale, fermented malt beverages, either to be consumed upon the premises where sold or away from such premises. The holder may also sell beverages containing less than one-half (½) of a percentum of alcohol by volume, without obtaining a special license to sell such beverages. Such license shall be issued with an effective date of July 1st, but may be issued by the City prior to that date. The license shall expire on the following June 30th.

(2)

Application. Class "B" licenses may be issued to any person qualified under Sec. 125.04(5), Wis. Stats. Such licenses may not be issued to any person acting as agent for or in the employ of another except that this restriction does not apply to a hotel or restaurant which is not a part of or located on the premises of any mercantile establishment, or to a bona fide club, society or lodge that has been in existence for at least six (6) months before the date of application. A Class "B" license for a hotel, restaurant, club, society or lodge may be issued in the name of an officer who shall be personally responsible for compliance with this Chapter. Except as provided in Sec. 125.31, Wis. Stats., Class "B" licenses may not be issued to brewers or fermented malt beverages wholesalers.

(e)

Temporary Class "B" Fermented Malt Beverage License.

(1)

License. As provided in Sec. 125.26(1) and (6), Wis. Stats., temporary Class "B" fermented malt beverage licenses may be issued to bona fide clubs, to churches, lodges, that have been in existence for at least six (6) months before the date of application and to posts of veterans' organizations authorizing the sale of fermented malt beverages at a particular picnic or similar gathering, at a meeting of the post. Such license is valid for dates as approved by the Common Council.

(2)

Application. Application for such license shall be signed by the president or corresponding officer of the society or association making such application and shall be filed with the City Clerk together with the appropriate license fee for each event for which the license is sought. Any person fronting for any group other than the one applied for shall, upon conviction thereof, be subject to a forfeiture of Two Hundred Dollars ($200.00) and will be ineligible to apply for a temporary Class "B" license for one (1) year. The license shall specify the hours and dates of license validity. The application shall be filed a minimum of thirty (30) days prior to the event date. The applicant shall specify the main point of sale facility on an attached diagram of the event location and layout.

(f)

Temporary "Class B" Wine License.

(1)

License. Notwithstanding Sec. 125.68(3), Wis. Stats., temporary "Class B" licenses may be issued to bona fide clubs, to churches, lodges or societies that have been in existence for at least six (6) months before the date of application and to posts of veterans' organizations authorizing the sale of wine containing not more than six percent (6%) alcohol by volume in an original package, container or bottle or by the glass if the wine is dispensed directly from an original package, container or bottle at a particular picnic or similar gathering. No fee may be charged to a person who, at the same time, applies for a temporary Class "B" beer license under Sec. 125.26(6), Wis. Stats., for the same event.

(2)

Application. Application for such license shall be signed by the president or corresponding officer of the society or association making such application and shall be filed with the City Clerk together with the appropriate license fee for each event for which the license is sought. Any person fronting for any group other than the one applied for shall, upon conviction thereof, be subject to a forfeiture of Two Hundred Dollars ($200.00) and will be ineligible to apply for a temporary "Class B" wine license for one (1) year. The license shall specify the hours and dates of license validity. The application shall be filed a minimum of thirty (30) days prior to the event date. The applicant shall specify the main point of sale facility on an attached diagram of the event location and layout.

(g)

Wholesaler's License. A wholesaler's fermented malt beverage license, when issued by the City Clerk under the authority of the Council, shall entitle the holder thereof to possess, sell or offer for sale fermented malt beverages only in original packages or containers to dealers, not to be consumed in or about the premises of said wholesaler.

(h)

Retail "Class C" Licenses.

(1)

In this Subsection, "barroom" means a room that is primarily used for the sale or consumption of alcohol beverages.

(2)

A "Class C" license authorizes the retail sale of wine by the glass or in an opened original container for consumption on the premises where sold.

(3)

A "Class C" license may be issued to a person qualified under Sec. 125.04(5), Wis. Stats., for a restaurant in which the sale of alcohol beverages accounts for less than fifty percent (50%) of gross receipts and which does not have a barroom if the City's quota prohibits the City from issuing a "Class B" license to that person. A "Class C" license may not be issued to a foreign corporation or a person acting as agent for or in the employ of another.

(4)

A "Class C" license shall particularly describe the premises for which it is issued.

(i)

Provisional Retail Licenses.

(1)

License. The City Clerk shall issue provisional retail licenses in accordance with Sec. 125.185, Wis. Stats. The provisional retail license shall expire sixty (60) days after its issuance or when the license for which the person has applied is issued to the holder, whichever is sooner.

(2)

Application. A provisional retail license may be issued only to a person who has applied for a Class "A", Class "B", "Class A", "Class B" or "Class C" license and authorizes only the activities that the type of retail license applied for authorizes. No person may hold more than one (1) provisional retail license for each type of license applied for by the holder per year.

(3)

Revocation. The City Clerk may revoke the license if the Clerk discovers that the holder of the license made a false statement on the application.

(j)

Reserve "Class B" License. A Reserve "Class B" license shall have the meaning defined in Sec. 125.51(4)(a)4, Wis. Stats.

(Ord. No. 13-825, 4-8-13)

Cross reference

Section 7-2-17.