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Municipal Code

Chapter 9. Licenses and Permits

Sec. 9-24. Classes of licenses.

There shall be the following classes and denominations of licenses which, when issued by the city clerk under the authority of the council after payment of the fee specified in this article, shall permit the holder to sell, deal or traffic in intoxicating liquor or fermented malt beverages as provided in this article:

(1) Retail "class A" intoxicating liquor license. A retail "class A" intoxicating liquor license, when issued by the city clerk under the authority of the council, shall permit its holder to sell, deal and traffic in intoxicating liquors only in original packages or containers which are to be consumed off the premises so licensed.

(2) Retail "class B" intoxicating liquor license. A retail "class B" intoxicating liquor license, when issued by the city clerk under authority of the 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 liters at any one time to be consumed off the premises, except that wine may be sold in the original package or otherwise in any quantity to be consumed off the premises.

(3) 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 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.

(4) Class "B" fermented malt beverage retailer's license. A class "B" fermented malt beverage retailer's 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, 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 of a percent of alcohol by volume, without obtaining a special license to sell such beverages.

(5) Temporary class "B" fermented malt beverage license. As provided in 125.26(1) and (6) Wis. Stats. temporary class "B" fermented malt beverage licenses may be issued to bona fide clubs, to county or local fair associations or agricultural societies, or to churches, lodges or societies, that have been in existence for at least six months before the date of application, and to posts of veteran's organizations authorizing the sale of fermented malt beverages 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. 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 fermented malt beverages 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 fermented malt beverages from the stands while the fair is being held. Such license is valid for dates as approved by the council.

(6) Temporary "class B" wine license. Notwithstanding 125.68(3) Wis. Stats., temporary "class B" licenses may be issued to bona fide clubs, to county or local fair associations or agricultural societies, or to churches, lodges or societies, that have been in existence for at least six months before the date of application and to posts of veteran's organizations authorizing the sale of wine containing not more than six percent 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, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. No fee may be charged to a person who at the same time applies for a temporary class "B" beer license under 125.26(6)Wis. Stats. for the same event. 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 containing not more than six percent alcohol by volume 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 containing not more than six percent alcohol by volume from the stands while the fair is being held.

(7) Wholesaler's license. A wholesaler's fermented malt beverage license, when issued by the 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 retailers, wholesalers or licensed dealers, not to be consumed in or about the premises of such wholesaler.

(8) Retail "class C" licenses. Retail "class C" licenses shall be issued as follows:

  1. In this subsection, "barroom" means a room that is primarily used for the sale or consumption of alcoholic 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 125.04(5) Wis. Stats. for a restaurant in which the sale of alcoholic beverages accounts for less than 50 percent 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 business entity 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.

(9) Term. All classes of licenses provided herein shall be effective on or after July 1 of each year, and shall expire the following June 30, except temporary licenses.

(Code 1982, 12.03(4))