Number
060076
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. WITKOWIAK
Title
A substitute ordinance relating to removal of opened bottles of wine from premises of certain alcohol beverage establishments.
Section
90-4-2-c-3 rn
90-4-2-c-3 cr
90-4-9-b rn
90-4-9-b cr
90-4-9-c rn
90-4-9-d rn
90-15-3-b am
Analysis
This ordinance amends the code to allow certain alcohol beverage licensees to sell an opened bottle of wine for consumption away from the licensed premises.
Section 90-4-2-c-2 of the code now prohibits a Class “B” licensed premises from permitting patrons to remove intoxicants or fermented malt beverages in open containers. Section 90-4-9 of the code now authorizes a Class “C” wine retailer to sell or offer for sale wine by the glass or in an opened original container for consumption only on the premises where sold.
The Wisconsin legislature enacted 2005 Wisconsin Act 268, effective April 20, 2006, authorizing municipalities to amend ordinance restrictions so that Class “B” licensed premises and Class “C” wine retailers may permit the sale of wine in an opened original bottle, in a quantity not to exceed one bottle, for consumption both on and off the premises where sold under certain conditions. These conditions are: that the licensed premises is a restaurant operating under a Class “B” or Class “C” license; that the licensee provides a dated receipt that identifies the purchase of food and the bottle of wine; that prior to removing a partially consumed bottle of wine from the premises, the licensee shall securely reinsert the cork into the bottle to the point where the top of the cork is even with the top of the bottle; that the cork is reinserted after 6 a.m. and before 12 midnight on any day of licensed operation. This ordinance amends the code relating to the regulation of alcohol beverages in strict conformity with the new state law.
Body
The Mayor and Common Council of the City of Milwauk...
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