Section 11.010 Alcohol Beverages.

11.010 Alcohol Beverages.

GENERAL PROVISIONS

(1) Incorporation by Reference of Wis. Stat. Ch. 125. Wis. Stat. Ch. 125, as amended from time to time, is hereby incorporated by reference. The remaining provisions of this section are intended as additional regulations for the sale of alcohol beverages, not in conflict with Wis. Stat. Ch. 125.

(2) General Licensing Procedure.

(a) Investigation. The City Clerk shall notify the Chief of Police, Fire Chief and Director of Building Inspection of each application for a “Class B” intoxicating liquor or Class “B” fermented malt beverage license. These officials shall then inspect or cause to be inspected premises applied for, together with such other investigation as shall be necessary, to determine whether the application and the premises sought to be licensed comply with applicable regulations, ordinances and laws, 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 their investigation, accompanied by a recommendation as to whether or not a license should be granted or refused. No license shall be renewed without a complete reinspection of the premises and report as originally required. In determining the suitability of an applicant, consideration may be given to the financial responsibility of the applicant and the appropriateness of the location of the premises, among other factors.

(b) Premises. A separate license shall be required for each stand, place, room or enclosure, or for each suite of rooms or enclosures which are in direct connection or communication with or contiguous to each other where liquor and fermented malt beverages are kept, sold, or offered for sale. A retail Class “B” or retail “Class B” license shall entitle the holder to serve such beverages in a separate room at banquets or dinners during the hours in which the sale of such beverages is permitted. No license shall be issued to any person, firm or corporation for the purpose of possessing, selling or offering for sale any liquor or fermented malt beverages in any dwelling-house, flat or residential apartment.

(c) Eligibility. No license shall be issued to any individual acting as an agent for or in the employ of another individual. No license shall be granted to any corporation where more than 50 percent of the stock interest, legal or beneficial, is held by any individual or individuals who would not be eligible for a license.

(d) Issuance. Upon approval of the application by the Common Council, the City Clerk shall, upon the filing by the applicant of a receipt showing payment of the required license fee and payment in full of any and all items referred to in subsection (5) of this section, issue a license to the applicant. Each license shall be numbered in the order in which it is issued and shall specifically state the premises for which issued, the date of issuance, the fee paid and the name of the licensee. No license shall be reissued to a licensee if the business for which the license is issued has been inactive for a period of one year immediately prior to the renewal date. A duplicate license may be issued by the City Clerk upon payment of a $5.00 fee.

(3) Regulation of License Premises.

(a) Inspection. Every applicant procuring a license hereunder consents to the entry of the applicant’s premises by the Manitowoc Police Department or otherwise authorized City inspection officials at all reasonable hours for the purpose of inspection and search. Each applicant further consents to the removal from said premises of all things and articles there had in violation of City ordinances or State laws and consents to the introduction of such things and articles and evidence in any prosecution or proceeding that may be brought for such offense or in relation thereto.

(b) Visibility. No premises licensed for sale of alcohol beverages shall, during the times 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 any other manner a full and complete view of the interior from the outside. The premises shall be properly and adequately lighted during the hours in which the sale of alcohol beverages is permitted.

(c) Health Regulations. Every premises shall be kept in a sanitary condition and conducted in a sanitary manner. The Public Utilities and Licensing Committee is authorized and empowered to make reasonable and general rules and regulations for the sanitation of all places of business possessing licenses under this section. Such rules and regulations may be classified and made applicable according to the class of business conducted. All such rules and regulations shall have the same force as this section and any infraction thereof may be punished as a violation of this section.

(d) Posting of License. It shall be unlawful for any person to post any license or permit granted hereunder, or to permit the same to be posted, upon premises other than those for which the license or permit was granted, or knowingly deface or destroy such license or permit or remove the same without the consent of the licensee or permit holder. Whenever a license or permit shall be lost or destroyed without fault on the part of the holder, his agent or employee, a duplicate may be issued by the City Clerk upon the payment of a $5.00 fee.

(e) Invoices Required. Every licensee shall keep a complete and accurate record of all purchases and receipts of all alcoholic products. All records shall be kept in numerical order by year, month and day. These records shall be maintained on the licensed premises for two years and stored in such a manner as to ensure permanency and accessibility for inspection and shall be subject to inspection at all reasonable hours by authorized State and local law enforcement officials. No uninvoiced alcohol shall be maintained on the licensed premises.

(f) Exception for Underage Persons on Licensed Premises. As authorized by Wis. Stat. § 125.07(3)(a)(8), an underage person may enter and remain on Class “B” or “Class B” premises in a room separate from any room where alcohol beverages are sold or served if no alcohol beverages are furnished or consumed by any person in the room where the underage person is present, and the Manitowoc Police Department issues to the licensee a written authorization permitting underage persons to be present under this section on the date specified in the authorization. Before issuing the authorization, the Manitowoc Police Department shall make a determination that the presence of underage persons on the licensed premises will not endanger their health, welfare or safety or that of other members of the community. The licensee shall obtain a separate authorization for each date on which underage persons will be present on the premises.

(4) Operator’s Licenses. An operator’s license may be issued by the City Clerk to persons meeting statutory requirements. A written application on a form prepared by the Police Department and City Clerk shall be filed with the City Clerk stating the name, residence, age and sex of the applicant together with other pertinent information as to fitness.

Operator’s license shall be issued for one-year or two-year periods. Following approval of an application by the Police Chief or designee, the City Clerk shall, upon the filing by the applicant of a receipt showing payment to the City Treasurer of the license fee of either $45.00 for one year or $60.00 for two years, issue to the applicant an operator’s license. If the Police Department does not recommend granting a license, the City Clerk shall forward the application to the Common Council.

Temporary operator’s license may be issued as provided in Wis. Stat. § 125.17. The fee for a temporary operator’s license shall be $10.00. The City Clerk shall issue a temporary operator’s license following approval of the application by the Police Chief or designee under the same terms outlined in the preceding subsection. Duplicate licenses shall be issued upon presentation of photo identification and payment of a $10.00 fee.

Individuals holding a valid operator’s license issued in accordance with this section shall carry said license on their person as well as a valid form of photo identification issued by the State of Wisconsin at all times while serving alcoholic beverages pursuant to their license. Failure to have license or photographic identification on person may result in a forfeiture of $60.00 plus costs.

(5) Delinquent Taxes, Assessments, etc.

(a) Premises. No initial or renewal alcohol beverage license shall be granted for any premises for which taxes, assessments or other claims of the City of Manitowoc are delinquent and unpaid.

(b) Persons. No initial or renewal alcohol license, including an operator’s license, shall be granted to any person:

1. Delinquent in payment of any taxes, assessments or other claims owed to the City of Manitowoc.

2. Delinquent in payment of a forfeiture resulting from a violation of any ordinance of the City of Manitowoc.

(6) Violations.

(a) Violation by Agent. A violation of this section by a duly authorized agent or employee of the licensee or the permit holder shall constitute a violation by the licensee or permit holder.

(b) Penalties. Violation of any provision of this section shall be punishable by a forfeiture of not more than $500.00. Should the Chief of Police, his/her designee, or person authorized by law make a determination that a violation would warrant revocation of the violator’s license or permit, the Chief of Police, designee or authorized person may refer the matter to the Public Utilities and Licensing Committee for a determination and further proceedings under Wis. Stat. Ch. 125.

FERMENTED MALT BEVERAGES

(7) Fermented Malt Beverage License Fee.

(a) “Class A” License. The fee for a “Class A” fermented malt beverage license shall be $150.00 per license year.

(b) “Class B” License. The fee for a “Class B” fermented malt beverage license shall be $100.00 per license year.

(c) Temporary “Class B” License. The fee for a temporary “Class B” fermented malt beverage license shall be $10.00 for each event, which event shall not exceed 10 consecutive days. The City Clerk is hereby authorized to issue temporary “Class B” licenses to qualifying applicants under Wis. Stat. § 125.26(6).

(d) Wholesaler’s License. The fee for a wholesaler’s fermented malt beverage license shall be $25.00 per year.

(e) Late Renewal Filing Fee. All renewal applications for fermented malt beverage licenses shall be filed on or before April 15th. A $25.00 late filing fee shall be assessed for any renewal applications filed after April 15th.

(f) Payment of Fermented Malt Beverage Fee. The fermented malt beverage license fee shall be paid prior to the date the license is to be issued.

(8) Fermented Malt Beverage License Regulations.

(a) Combination Licenses Prohibited. A Class “A” and Class “B” fermented malt beverage license shall not be issued for the same or connecting premises, except in the case of a hotel as defined in Wis. Stat. Ch. 125.

(b) Certain Temporary Class “B” License Events. Temporary Class “B” fermented malt beverage license holders shall be subject to the following regulations:

1. Sales of fermented malt beverages shall be limited to the licensed premises, may be sold in individual containers or pitchers, and shall be served only for consumption on the premises licensed.

2. The actual consumption of fermented malt beverages shall be from nonbreakable containers. In no event shall fermented beverages be served from glass containers.

3. The area in which the sale of fermented malt beverages will be conducted must be set out with specificity in the application for the temporary Class “B” license.

4. No fermented malt beverages may be dispensed after 11:00 p.m. on any City-owned property unless prior approval is received from the Special Events Committee/Common Council.

5. The licensee shall be responsible for cleaning and policing the area in which the event is conducted.

6. The holder of the temporary Class “B” fermented malt beverage license shall be responsible for checking identification and policing the event so as not to take City police officers off their regularly scheduled line of duties.

7. The licensee shall not permit any person to enter the area of the event or remain in the area while under the influence of intoxicating liquor or fermented malt beverages.

8. Where the licensed event is conducted on City property, the licensee shall be required to obtain separate permission from the Special Events Committee/Common Council for the use of a designated recreation area for the event.

INTOXICATING LIQUORS

(9) Intoxicating Liquor License Fees.

(a) “Class A” License. The annual fee for a “Class A” intoxicating liquor license shall be $500.00 per year.

(b) “Class B” License. The license fee for a “Class B” intoxicating liquor license shall be $500.00 per year.

(d) Temporary “Class B” License. The fee for a temporary “Class B” wine license shall be $10.00 for each event, except that no fee may be charged to a person who, at the same time, applies for a temporary Class “B” license under Wis. Stat. § 125.26(6) for the same event.

(e) Late Renewal Filing Fee. All renewal applications for intoxicating liquor licenses shall be filed on or before April 15th. A $25.00 late filing fee shall be assessed for any renewal applications filed after April 15th.

(f) “Class C” License. The annual fee for a “Class C” retail wine license shall be $100.00 per year or fractional part thereof.

(g) Payment of Intoxicating Liquor Fee. The intoxicating liquor license fee shall be paid prior to the date the license is to be issued.

(10) “Class A” License Regulations.

(a) Restriction on Premises. The premises for which the license is issued shall have a separate place of business, but may be part of a building housing other businesses, or have a designated sales space within the business that is less than 100 square feet.

(b) Intoxicating Liquor Sales Only. Customers may purchase intoxicating liquor in the licensed premises or in the nonlicensed portion of a licensed premises.

(11) “Class A” Cider License Regulations. A “Class A” cider license may only be granted to a person, firm or corporation who holds a Class “A” beer license for the same premises.

(12) “Class B” License Regulations.

(a) Authorized Sales. A retail “Class B” license authorizes the sale of intoxicating liquor to be consumed by the glass only on the premises where it is sold and also authorizes the sale of intoxicating liquor in the original package or container, in any quantity, to be consumed off the premises where sold. This subsection (12)(a) does not apply to a winery that has been issued a “Class B” license.

(b) Number of Licenses. The Common Council may issue as many “Class B” intoxicating liquor licenses as are permitted to be issued under the Wisconsin Statutes.

1. New Licenses. An establishment applying for a license for the first time under this section must comply with the general licensing procedure in subsection (2)(d) of this section. Any application for a license shall go before the Common Council within 180 days of the application being filed with the Clerk.

2. Renewals. An establishment renewing a license issued under this section agrees to be open a minimum of 60 days each year for at least four hours per day. Failure to maintain these operational requirements will be grounds for nonrenewal or revocation of license. Businesses shall be responsible for maintaining a log of their operating hours. All renewals are also subject to an inspection by the City.

3. Catastrophic Exception. A business that cannot comply with the requirements to open due to a catastrophe or natural disaster may petition the Council for waiver of the licensing requirements for the remainder of the business year to allow the business time to rebuild. Council may grant one additional year’s extension, as circumstances allow.

4. Revocations. If a license granted under this section is revoked, the licensee will not be entitled to a refund of any portion of their license fee. Licensees who are revoked may not apply for a new license for 365 days from the date of revocation.

(13) Provisional Licenses.

(a) Authority to Issue. Pursuant to Wis. Stat. §§ 125.17(5) and 125.185, the City Clerk is hereby authorized to issue provisional operator’s licenses and retail licenses as provided for in those Statutes. A provisional license shall not be issued by the City Clerk until the Clerk has received the recommendation of the Police Department following a records check of the applicant, and the Clerk may not issue a provisional license to any applicant if the Police Department recommends denial of the application to the Public Utilities and Licensing Committee.

(b) Application Required. A provisional license may only be issued to a person who has applied for an operator’s license or a retail license described in Wis. Stat. § 125.185(2).

(d) Expiration. A provisional license issued under this subsection shall expire 60 days after its issuance or when a retail license or operator’s license, as applicable, is issued to the applicant, whichever occurs first.

(e) Limitation. No person may hold more than one provisional retail license for each type of license applied for by the holder per year.

(f) Revocation. The City Clerk may revoke a provisional operator’s license if the Clerk discovers that the holder of the license made a false statement on the application.

(14) Reserve “Class B” License.

(a) Definitions. In this section:

Reserve “Class B” license shall have the meaning defined in Wis. Stat. § 125.51(4)(a)(4).

(b) Reserve “Class B” License – Fee. The initial license fee for a reserve “Class B” license shall be $10,000 in addition to the annual “Class B” license fee, except that the fee for an initial issuance of a reserve “Class B” license to a bona fide club or lodge situated and incorporated in the State for at least six years is the fee established under subsections (7) and (9) of this section. Annual renewal of reserve “Class B” license fee shall be the amount set forth in subsections (7) and (9) of this section.

(c) Payment of Reserve “Class B” License Fee. Reserve “Class B” license fees shall be paid prior to the date the license is to be issued.

(15) Temporary/Special Event “Class B” Wine License.

(a) Issuance. A temporary “Class B” license may be issued to bona fide clubs, to County or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least six months before the date of application and to posts of veterans’ organizations authorizing the sale of wine 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, at a meeting of the post, or during a fair conducted by the fair association or agricultural society.

(b) Licensing Fairgrounds. A license issued to a County or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of wine from leased stands on the fairgrounds. The County or district fair to which the license is issued may lease stands on the fairgrounds to persons who may engage in retail sales of wine from the stands while the fair is being held.

(c) Application for License. Application for a license shall be made by an officer or officers who shall appoint an agent who shall be personally responsible for compliance with all of the terms and provisions of this section and any other law of this State. The temporary/special event license shall designate the specific premises and the date or dates for which it is to be granted.

(d) Limitation. Not more than two licenses may be issued under this subsection to any club, County or local fair association, agricultural association, church, lodge, society or veterans’ post in any 12-month period.

[Ord. 20-880 § 1, 2020; Ord. 20-232 § 1, 2020; Ord. 19-1145 § 1, 2019; Ord. 19-834 § 1, 2019; Ord. 19-503 § 1, 2019; Ord. 19-291 § 1, 2019; Ord. 19-071 § 1, 2019; Ord. 18-412 § 1, 2018; Ord. 17-910 § 1, 2017; Ord. 17-840 § 1, 2017; Ord. 17-143 § 1, 2017; Ord. 16-864 § 2, 2016; Ord. 16-238 § 1, 2016; Ord. 16-048 § 1, 2016; Ord. 15-862 § 1, 2015; Ord. 14-2172 § 1, 2014; Ord. 10-323 § 1, 2010; Ord. 07-719 § 1, 2008; Ord. 07-031 § 1, 2007; Ord. 06-081 §§ 1, 2, 2006. Prior code § 11.01]