NUMB:
980584
VERS:
SUBSTITUTE 1
REF:
XXBY:
THE CHAIR
TITL:
A substitute ordinance relating to the sale of fermented malt beverages and wine under a class "B" special license.
SECS:
81-28 am
90-4-7-0 am
90-4-7-a am
90-4-7-b am
90-4-7-d am
90-4-7-f am
90-4-7-g cr
ANLS:
- Analysis -
This ordinance makes certain changes with respect to a Class "B" special fermented malt beverage license, which currently authorizes sale of beer and "wine coolers" for on premises consumption, in light of recent changes in state law (1997 Wisconsin Act 259). Specifically, the ordinance:
1. Permits the sale of beer and wine by a club, fair association, agricultural society, church, veterans' organization, lodge or other society holding a Class "B" special license.
2. Limits to 2 the number of Class "B" special licenses issued to any organization in any 12-month period (currently no limit).
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 81-28 of the code is amended to read:
81-28. Class "B" Special [[Fermented Malt Beverage]] License. The fee for each Class "B" special [[fermented malt beverage]] license shall be $10.
Part 2. Section 90-4-7-0, a, b, d and f of the code is amended to read:
90-4. Classification of Licenses.
7. CLASS "B" SPECIAL [[FERMENTED MALT BEVERAGE]] LICENSE. (A SHORT-TERM LICENSE FOR CLUBS.) a. Authority. A Class "B" special [[fermented malt beverage]] license shall authorize the licensee to sell at retail fermented malt beverages, wine [[containing not more than 6% alcohol by volume]] and soda water beverages at a particular picnic or similar gathering, or at a meeting of a [[veteran's]] >>veterans'<< post or during a fair conducted by fair associations or agricultural societies.
b. Eligibility Requirement. The Class "B" special [[fermented malt beverage]] license shall only be issued to bona fide clubs, organized labor unions, county, or local fair associations, or agricultural societies, churches, lodges or societies that have been in existence for not less than 6 months prior to the date of application, or to posts established by veterans' organizations.
d. Application; Issuance. Application for a Class "B" special [[fermented malt beverage]] license shall be filed with the city clerk at least 3 days prior to the time when such picnic, meeting or gathering for which the license is sought is to be held. The city clerk shall issue the Class "B" special [[fermented malt beverage]] license upon the payment of the license fee required in s. 81-28 without referring any of the applications to the common council for action.
f. City Clerk's Annual Report. The city clerk shall submit to the common council every year a report of all Class "B" special [[fermented malt beverage]] licenses issued by [[him]] >>the city clerk.<<
Part 3. Section 90-4-7-g of the code is created to read:
g. Number of Licenses. No more than 2 Class "B" special licenses shall be issued under this subsection to any club, organized labor union, county or local fair association, agricultural association, church, lodge, society or veterans' post in any 12-month period.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
ZDPT:
License Division
DFTR:
LRB98285.3
TWM/bsw
8/12/98
3