Number
041315
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. D'AMATO
Title
A substitute ordinance relating to establishing a Class "C" wine retailer license.
Sections
81-30.5 cr
90-1-21 am
90-1-32 cr
90-4-2-d cr
90-4-4-a am
90-4-4-b-3 am
90-4-6-c rp
90-4-6.5 am
90-4-7.8-0 am
90-4-7.8-a am
90-4-7.8-b am
90-4-7.8-c am
90-4-7.8-d am
90-4-7.8-g am
90-4-9 cr
90-4-10-a am
90-5-1-d am
90-5-3-b am
90-5-8-a-2 am
90-6-2-a-0 am
90-6-4 am
90-7-1-b am
90-8-1 am
90-8.5 am
90-11-1-b am
90-11-3-0 am
90-26-3 am
90-33-0 am
90-33-1 am
90-33-2 am
90-33-3-a am
90-33-4 am
90-33-5 am
90-35-8-a am
Analysis
This ordinance provides for the following:
1. Establishes a Class "C" retailer license authorizing restaurants to sell or offer for sale wine by the glass or in an opened original container for consumption on the premises where sold, but no other intoxicating liquors or fermented malt beverages.
2. Establishes that the fee for each Class "C" wine retail license shall be $100.
3. Establishes that certain regulations relating to Class "B" tavern licenses shall be applicable to holders of Class "C" wine retail licenses. These regulations include requirements relating to Class "B" manager, Class "D" operator and provisional licenses; the temporary extension of licensed premises for special events; tavern amusement, dancing and music licenses; and the application and qualifications for and renewal and transferability of the licenses.
4. Repeals a provision restricting the granting of Class "B" retailer's fermented malt beverage licenses to holders of Class "B" retailer's intoxicating liquor licenses.
5. Establishes a provision restricting the granting of Class "B" retailer's intoxicating liquor licenses to holders of Class "B" retailer's fermented malt beverage licenses.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 81-30.5 of the code is created to read:
81-30.5. Class "C" Wine Retailer's License.
1. The fee for each Class "C" wine retailer's license shall be $100.
2. Each license shall be issued for one year effective from the date the license is granted.
3. The fee to transfer a license shall be $10.
(See s. 90-4.)
Part 2. Section 90-1-21 of the code is amended to read:
90-1. Definitions.
21. OPERATOR shall mean any person who shall draw or remove any fermented malt beverage for sale or consumption from any barrel, keg, cask, bottle or other container in which fermented malt beverages shall be stored or kept on premises requiring a Class "B" license, for sale or service to a consumer for consumption in or upon the premises where sold; or one who shall sell or serve intoxicating liquor to customers upon premises operated under a retail Class "A" or Class "B" [[Liquor]]>>intoxicating liquor<< license >>or retail Class "C" wine license<<; or who shall sell bottled intoxicating liquors or bottled and canned fermented malt beverages on a premises requiring a Class "A" retailer's intoxicating liquor license or a Class "A" fermented malt beverage retailer's license.
Part 3. Section 90-1-32 of the code is created to read:
32. WINE shall mean products obtained from the normal alcohol fermentation of the juice or must of sound, ripe grapes, other fruits or other agricultural products, imitation wine, compounds sold as wine, vermouth, cider, perry, mead and sake, if such products contain ½ of 1% or more of alcohol by volume.
Part 4. Section 90-4-2-d of the code is created to read:
90-4. Classification of Licenses.
2. CLASS "B" RETAILER'S INTOXICATING LIQUOR LICENSE.
d. Prerequisite. Pursuant to s. 125.51(3)(f), Wis. Stats., no Class "B" retailer's intoxicating liquor license shall be granted to any person who does not hold a Class "B" retailer's license to sell fermented malt beverages.
Part 5. Section 90-4-4-a and b-3 of the code is amended to read:
4. CLASS "B" MANAGER'S LICENSE. a. When Required. A manager shall be required for each establishment holding a Class "B" >>or Class "C"<< retailer's license if the individual proprietor, or partnership, or agent for the corporation>>or limited liability corporation<< is not the manager of the business. The manager shall be appointed in writing by the licensee and shall obtain a Class "B" manager's license from the city clerk.
b. Manager's Responsibilities.
b-3. The daily operation of the licensed [[Class "B"]] premises.
Part 6. Section 90-4-6-c of the code is repealed.
(Note: The provision being repealed reads as follows:
c. Class "B" Retailer's Intoxicating Liquor License is a Prerequisite; Exception. c-1. No Class "B" fermented malt beverage license shall be granted to any person who does not hold a Class "B" retailer's intoxicating liquor license except to a bona fide eleemosynary organization which has been in existence for at least 2 years prior to the application of the license and during such time has operated a social center or bowling alley on the organization's property; or to a social center operated by a college or university for the use of its students, also known as a student union; or to a bona fide tennis club or racquet ball club; or to a county stadium or to a country club, yacht club or county airport holding a Class "B" license to sell intoxicating liquor issued pursuant to ch. 125, Wis. Stats.
c-2. A Class "B" fermented malt beverage license issued to a bona fide eleemosynary organization or a social center operated by a college or university for the use of its students, also known as a student union, tennis club, racquet ball club, or to a county stadium, shall be taken in the name of the corporation and issued to the agent appointed by the corporation, and a Class "B" fermented malt beverage license issued to a country club, yacht club or county airport shall be taken in the name of the licensee named in said license for the sale of intoxicating liquor.
c-3. In all cases, the said licensee shall be personally responsible for compliance with all terms and provisions of the city ordinances relative to the operation of a Class "B" fermented malt beverage establishment.)
Part 7. Section 90-4-6.5 of the code is amended to read:
6.5. PROVISIONAL LICENSES. The city clerk shall issue, upon application, a provisional [[Class "A" or Class "B"]]>>alcohol beverage retail establishment<< license as defined in subs. 1 to 3, 5[[and 6]]>>, 6 and 9<< if the common council grants a regular license to an applicant who meets all licensing requirements set forth in this chapter except the responsible beverage server training course required under s. 90-6-4. The provisional license issued under this subsection shall expire 60 days after its issuance or when the [[Class "A" or Class "B"]]>>alcohol beverage retail establishment<< license is issued to the holder, whichever is sooner, and may not be renewed.
Part 8. Section 90-4-7.8-0, a to d and g of the code is amended to read:
7.8. TEMPORARY EXTENSION OF [[CLASS "B" TAVERN]] LICENSED PREMISES FOR SPECIAL EVENTS. a. Authority. The granting of a temporary extension of [[Class "B" tavern]] licensed premises for special events shall authorize the licensee to sell or serve intoxicating liquors or fermented malt beverages>>, as permitted by the specific license held,<< during the period of time and in the area described in the application for such temporary extension, as expressly approved by the common council. Such authority, however, shall be contingent upon the licensee also obtaining any and all other special privileges or permits required for the conduct of the special event for which the temporary extension of the licensed premises is sought.
b. Eligibility. Any person holding a valid Class "B" tavern>>, Class "B" fermented malt beverage or Class "C" wine<< license may apply for temporary extension of such licensed premises for a special event. The area which the licensee wishes to include in any temporary extension of the licensed premises must be owned by or under the control of the licensee. If the applicant seeks a temporary extension of the licensed premises, such that the extended licensed premises would extend into or encroach upon public property or public thoroughfares, then the applicant shall also be required to obtain the applicable special privilege before the document authorizing the temporary extension of the licensed premises is issued by the city clerk. The applicant shall also comply with all other applicable statutes, ordinances and resolutions.
c. Applicant's Responsibility. Application for the temporary extension of [[Class "B" tavern ]]licensed premises for special events shall be made by an individual, or authorized agent in the case of a corporation, who shall be personally responsible for compliance with all of the terms and provisions of this chapter.
d. Application. Application for the temporary extension of [[Class "B" tavern]] licensed premises shall be made in writing to the city clerk on forms provided by the city clerk. The application shall be signed by the applicant, if an individual, or by a duly authorized agent or officer of a corporation, and shall be sworn to by the applicant. The application shall contain the name of the licensee, the address of the existing licensed premises (including the aldermanic district in which it is situated), the particular event or function for which the temporary extension of the licensed premises is sought, the date and period of time sought for the temporary extension of the licensed premises, a specific description of the area for which the temporary extension is sought, and such other reasonable and pertinent information as the common council or proper licensing committee of the common council may require. The application shall be filed at least 3 days prior to the date of granting by the common council. The city clerk shall forward all applications to the utilities and licenses committee of the common council.
g. On-premises Sale. A licensee granted a temporary extension of [[Class "B" tavern]] licensed premises for special events may not sell any alcohol or non-alcohol beverages for consumption in bottles, cans and glass containers in the location of the temporary extension of the licensed premises. Beverages may only be sold in single service cups for onpremises consumption in the location of the temporary extension of the licensed premises.
Part 9. Section 90-4-9 of the code is created read:
9. CLASS "C" WINE RETAILER LICENSE. a. Authority. A Class "C" retailer license shall authorize the licensee to sell or offer for sale wine by the glass or in an opened original container for consumption on the premises where sold.
b. Eligibility. A Class "C" license may be issued to a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts and which does not have a barroom or for a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts and which has a barroom in which wine is the only intoxicating liquor sold. In this paragraph, "barroom" shall mean a room that is primarily used for the sale or consumption of alcohol beverages.
c. Prohibition. A Class "C" license may not be issued to a foreign corporation, a foreign limited liability company or a person acting as agent for or in the employ of another.
Part 10. Section 90-4-10-a of the code is amended to read:
10. CLASS "D" OPERATOR'S LICENSE. a. Authority. A Class "D" operator's license shall authorize the operator to draw or remove from any barrel, keg, cask, bottle, or any other container, fermented malt beverages and to serve them in any place operated under a Class "B" fermented malt beverage retailer's license; to sell or serve intoxicating liquors in any place operated under a Class "B" intoxicating liquor retailer's license; >>or to sell or serve wine in any place operated under a Class "C" wine retailer's license;<< or to sell intoxicating liquor or fermented malt beverages in any place operated under a Class "A" retailer's intoxicating liquor license or a Class "A" fermented malt beverage retailer's license.
Part 11. Section 90-5-1-d of the code is amended to read:
90-5. Licensing.
1. APPLICATION: FORM AND CONTENTS.
d. Number of Licenses. In any application for [[a Class "A" or Class "B" retailer's intoxicating liquor license, or a Class "A" or Class "B" fermented malt beverage retailer's]]>>an alcohol beverage retail establishment<< license, the applicant shall state whether the applicant currently holds any [[Class "A" or Class "B"]]>>alcohol beverage retail establishment<< license in any other location in the state.
Part 12. Section 90-5-3-b of the code is amended to read:
3. TIME OF FILING; LEGAL NOTICE AND FEE.
b. Legal Notice and Fee. A notice of the application for [[a Class "A" or Class "B"]]>>an alcohol beverage retail establishment<< license containing the name and address of the applicant and the kind of license applied for and the location of the premises to be licensed shall, prior to the granting of such license be published in a daily paper which shall have been regularly and continuously published daily in the city for a period of at least 3 times successively. At the time of filing an application the applicant shall pay to the city clerk such sum as computed by the rate per folio for legal notices or publications as created, established, and applied in the counties of this state by provisions of Wisconsin statutes, would be required to pay for such publication.
Part 13. Section 90-5-8-a-2 of the code is amended to read:
8. COMMITTEE ACTION.
a. Notice.
a-2. Applications for all new [[Class "A" or Class "B" retail]]>>alcohol beverage retail establishment<< licenses, Class "B" manager's licenses and Class "C" wholesale licenses shall be referred to the appropriate licensing committee of the common council for its recommendation as to whether or not each license should be issued. In addition, applicants for all new [[Class "A" or Class "B" retail]]>>alcohol beverage retail establishment<< licenses are required to appear before the licensing committee at the date, time and place specified in written notice provided to the applicant by the city clerk's office. If the applicant is a corporation or limited liability corporation, a duly authorized agent or legal representative of the corporation is required to appear before the licensing committee. All applicants may be represented by a legal representative before the licensing committee.
Part 14. Section 90-6-2-a-0 of the code is amended to read:
90-6. Qualifications for Licenses.
2. RESIDENCY REQUIREMENTS. a. By License Class. Class "A" retailer's intoxicating liquor license; Class "B" retailer's intoxicating liquor and service bar licenses; Class "A" fermented malt beverage retailer's license; Class "B" fermented malt beverage retailer's license; Class "C" fermented malt beverage special wholesaler's license>>; Class "C" wine retailer's license<<:
Part 15. Section 90-6-4 of the code is amended to read:
4. TRAINING COURSE. >>a.<< No [[Class "A" retailer's intoxicating liquor license, Class "B" retailer's intoxicating liquor license, Class "B" retailer's service bar license, Class "A" fermented malt beverage retailer license (package store), Class "B" fermented malt beverage retailer license]]>>alcohol beverage retail establishment license, Class "B" manager's license<< or Class "D" operator's license may be issued unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a vocational, technical and adult education district and that conforms to curriculum guidelines specified by the board of vocational, technical and adult education or a comparable training course that is approved by the educational approval board or unless the applicant fulfills one of the following requirements:
a-1. The person is renewing an operator's license, a manager's license, [[a Class "A" or Class "B"]]>>an alcohol beverage retail establishment<< license.
a-2. Within the past 2 years, the person held [[a Class "A" license, Class "B"]]>>an alcohol beverage retail establishment<< license, manager's license or operator's license.
a-3. Within the past 2 years, the person has completed such a training course.
a-4. The person was an agent of a corporation>>or limited liability corporation<< that held, within the past 2 years, [[a Class "A" license or Class "B"]]>>an alcohol beverage retail establishment<< license, manager's or operator's license.
b. If the applicant is a corporation>>or limited liability corporation<<, the agent shall complete the required responsible beverage server training course
Part 16. Section 90-7-1-b of the code is amended to read:
90-7. Restrictions on Corporations.
1. RESPONSIBLE PERSON.
b. [[Class "B"]]>>Certain<< Retail Premises. Under a Class "B" [[intoxicating liquor retailer's license, or a Class "B" fermented malt beverage retailer's license, or a Class "B" intoxicating liquor or fermented malt beverage service bar]]>>or Class "C" retailer's<< license, there shall be upon the licensed premises at all times, the licensee, or the agent of the corporation>>or limited liability corporation<<, or a Class "D" operator, or a person holding a Class "B" manager's license.
Part 17. Section 90-8-1 of the code is amended to read:
90-8. Responsible Person Upon Licensed Premises.
1. REQUIRED. There shall be upon the premises operated under [[a Class "A" or a Class "B" retailer's intoxicating liquor]]>>an alcohol beverage retail establishment<< license at all times the licensee, or a Class "B" Manager, or a Class "D" Operator who shall be responsible for the control of the establishment which includes the acts of all employes serving intoxicating liquor or fermented malt beverages to customers. The appointment of a Class "B" manager or a Class "D" operator to oversee the premises shall not relieve the licensee of his responsibility under this chapter.
Part 18. Section 90-8.5 of the code is amended to read:
90-8.5. Use of License by Another Prohibited. No person may allow another to use his or her [[Class "A" or Class "B"]]>>alcohol beverage retail or wholesale establishment<< license to sell alcohol beverages.
Part 19. Section 90-11-1-b of the code is amended to read:
90-11. Renewal of License.
1. CONDITIONS.
b. [[Class "A" or "B" Retailer's Liquor]]>>Retail<< License Renewals for Nonoperating Premises. A holder of [[a Class "A" or "B" retailer's liquor]]>>an alcohol beverage retail establishment<< license who has ceased operations at the premises specified on the license shall only be permitted to apply for and obtain one renewal license for said premises, provided that the holder of the license is residentially and in all other respects qualified to make such application. Said license shall not be renewed if the licensed premises shall have been inoperative for more than one complete license year; however, the common council may waive this provision in unusual circumstances.
Part 20. Section 90-11-3-0 of the code is amended to read:
3. PROCEDURE FOR RENEWING [[CLASS "A" OR "B"]] RETAIL >>ESTABLISHMENT<<LICENSES AND CLASS "C" WHOLESALE LICENSES.
Part 21. Section 90-26-3 of the code is amended to read:
90-26. Restrictions on Unlicensed Persons Functioning as Class "D" Operators.
3. CLASS "B">>OR CLASS "C"<< RETAILER'S LICENSE. No person other than the licensee shall draw, remove or serve fermented malt beverages or intoxicating liquor in any place operated under a Class "B" >>or Class "C"<< retailer's license to a customer for consumption on or off the premises where sold, unless he>>or she<< shall possess a Class "D" operator's license or a Class "B" manager's license, or unless he>>or she<< shall be under the immediate supervision of the licensee, or a person holding an operator's or manager's license who shall be at the time of such service upon said premises.
Part 22. Section 90-33-0 to 2, 3-a, 4 and 5 of the code is amended to read:
90-33. Kinds of Tavern Amusement, Dancing and Music Licenses. >>Any person holding a valid Class "B" tavern, Class "B" fermented malt beverage or Class "C" wine license may apply for any of the following licenses and permits:<<
1. TAVERN AMUSEMENT LICENSE. A tavern amusement license shall entitle the holder to give, permit, produce, present, conduct and offer entertainment or exhibitions consisting of music, dancing, singing, floor shows and cabaret performances upon the [[tavern]]>>licensed<< premises.
2. TAVERN DANCE LICENSE. A tavern dance license shall entitle the holder to permit dancing by patrons upon the [[tavern]]>>licensed<< premises. It shall permit prerecorded music, and instrumental music as described in subs. 4 and 5, but shall not permit entertainments or exhibitions or floor shows; provided that this shall not be construed to prohibit amateur theatrical performances, singing or dancing commonly conducted by bona fide clubs, organized labor unions, political organizations, lodges or similar societies that have been in existence 6 months or more in halls to which a tavern dance license has been issued, and which halls are preponderantly used and rented on a per diem basis by such organizations for gatherings, entertainments and dances.
3. SPECIAL TAVERN DANCING PERMIT. a. A special permit authorizing dancing upon [[tavern]]>>licensed<< premises may be issued to the >>license<< holder [[of a tavern license]] by the city clerk, provided the license holder complies with all the provisions of this subsection. The city clerk shall notify the police department of the issuance of all permits issued pursuant to this subsection.
4. INSTRUMENTAL MUSIC LICENSE. Instrumental music shall not be permitted on a [[tavern]]>>licensed<< premises unless the premises is licensed as a tavern dance premises, tavern amusement premises or licensed to permit the playing of instrumental music. No dancing shall be permitted under a license issued for instrumental music. The license shall permit singing on the part of, and only by, one or more of the persons engaged in playing a musical instrument.
5. PRE RECORDED MUSIC MACHINE PREMISES LICENSE (RECORD SPINS). A prerecorded music machine premises license must be obtained by a [[tavern]] licensee to permit the operation of any prerecorded music machine, whether mechanical, electrical, or tape, other than radio or coin operated phonograph, by a person other than the [[tavern]] licensee, when the device is operated by an entertainer or celebrity accompanied by commentary or presentation.
Part 23. Section 90-35-8-a of the code is amended to read:
90-35. Licensing.
8. TRANSFERABILITY. a. Every tavern amusement, tavern dance and instrumental music license shall be issued for a period of one year or part thereof, effective from the date that the license is granted, and shall expire on the same date as the Class "B" retail intoxicating liquor or fermented malt beverage retail establishment license>>or Class "C" wine retail license<<. The fee for each such license shall be payable for the entire license year or any fraction thereof.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Drafter
LRB05012-2
RGP
2/9/05