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Municipal Code

Chapter 9. Licenses and Permits

Sec. 9-27. Qualification of applicants and premises.

Qualifications of applicants and premises shall be as follows:

(1) Natural persons. A retail class "A" or class "B" fermented malt beverage or "class A" or "class B" intoxicating liquor license shall be granted only to persons who meet the requirements imposed by 125.04(5) Wis. Stats.

(2) Applicant to have malt beverage license. No retail "class B" intoxicating liquor license shall be issued to any person who does not have or to whom is not issued a class "B" retailer's license to sell fermented malt beverages.

(3) Right to premises. No applications will be considered unless the applicant has the right to possession of the premises described in the application for the license period, by lease or by deed.

(4) Corporate restrictions. Corporate restrictions shall be as follows:

  1. No license or permit may be issued to any corporation unless the agent of the corporation appointed under 125.04(6) Wis. Stats. and the officers and directors of the corporation meet the qualifications of 125.04(5)(a)1 and 3 and (b) Wis. Stats., and unless the agent of the corporation appointed under 125.04(6) Wis. Stats. meets the qualification under 125.04(5)(a)5 Wis. Stats. The requirement that the corporation meet the qualifications under 125.04(5)(a)2, 125.04(5)(a)1 and (b) Wis. Stats. does not apply if the corporation has terminated its relationship with all the individuals whose actions directly contributed to the conviction. The agent shall provide written evidence satisfactory to the committee that the agent has sufficient authority over the business affairs of the corporation to be held personally responsible for the conduct of business at the licensed premises, pursuant to 125.04(6)(a)2 Wis. Stats.
  2. Each corporate applicant shall file with its application for such license a statement by its officers showing the names and addresses of the persons who are stockholders together with the amount of stock held by such persons. It shall be the duty of each corporate applicant and licensee to file with the city clerk a statement of transfers of stock within 48 hours after such transfer of stock.
  3. A license application may be denied and any license issued to a corporation may be revoked in the manner and under the procedure established in 125.12 Wis. Stats. when more than 50 percent of the stock interest, legal or beneficial, in such corporation is held by any person not eligible for a license under this chapter or under state law. A person shall be deemed beneficial owner of any stock owned by a parent, sibling, child or spouse not directly involved with active management of the licensed premises, and of stock held by any other person in such circumstance that the committee may determine places the management and control of the operation of the licensed premises in a person not eligible for a license.

(5) Sales tax qualifications. All applicants for retail licenses shall provide proof, as required by 77.61(11) Wis. Stats., that they are in good standing for sales tax purposes (i.e., hold a seller's permit) before they may be issued a license.

(6) Connecting premises. Except in the case of hotels, no person may hold both a "class A" license and either a "class B" license or permit, a class "B" license or permit, or a "class C" license for the same premises or for connecting premises. Except for hotels, if either type of license or permit is issued for the same or connecting premises already covered by the other type of license or permit, the license or permit last issued is void. If both licenses or permits are issued simultaneously, both are void.

(7) Limitation on other business; class "B" premises. No class "B" license or permit may be granted for any premises where any other business is conducted in connection with the premises, except that this restriction does not apply if the premises for which the class "B" license or permit is issued is connected to the premises where other business is conducted by a secondary doorway that serves as a safety exit and is not the primary entrance to the class "B" premises. No other business may be conducted on premises operating under a class "B" license or permit. These restrictions do not apply to any of the following:

  1. A hotel.
  2. A restaurant, whether or not it is a part of or located in any mercantile establishment.
  3. A combination grocery store and tavern.
  4. A combination sporting goods store and tavern in towns.
  5. A combination novelty store and tavern.
  6. A bowling alley or recreation premises.
  7. A club, society or lodge that has been in existence for six months or more prior to the date of filing application for the class "B" license or permit.

(Code 1982, 12.03(7))