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Municipal Code

Chapter 9. Licenses and Permits

Sec. 9-33. Restrictions on temporary fermented malt beverage or wine licenses.

It shall be unlawful for any person or organization on a temporary basis to sell or offer to sell any alcoholic beverage upon any city-owned property or privately owned property within the City of Marshfield, except through the issuance of a temporary class "B" fermented malt beverage license or temporary "class B" wine license issued by the council in accordance with Wisconsin Statutes and as set forth in this section. A temporary class "B" fermented malt beverage license or temporary "class B" wine license authorizing the sale and consumption of beer and/or wine on city-owned property or privately owned property may be authorized by the council provided the following requirements are met:

(1) Compliance with eligibility standards. The organization shall meet the eligibility requirements of a bona fide club, association, lodge or society as set forth in § 125.26(6) Wis. Stats. and shall fully comply with the requirements of this article.

(2) Posting of signs and licenses. All organizations issued a temporary license shall post in a conspicuous location at the main point of sale and at all remote points of sale a sufficient number of signs stating that no fermented malt beverage shall be served to any underage person without proper identification.

(3) Fencing. If necessary due to the physical characteristics of the site, the council may require that organizations install a double fence around the main point of sale to control ingress and egress and continually station a licensed operator, security guard or other competent person at the entrance for the purpose of checking age identification. Where possible, there shall be only one point of ingress and egress. When required, the double fence shall be a minimum of four feet high, and there shall be a minimum of six feet between fences.

(4) Underage persons prohibited. No underage persons as defined by the Wisconsin Statutes shall be allowed to assist in the sale of fermented malt beverages or wine at any point of sale, nor shall they be allowed to loiter or linger in the area of any point of sale, unless accompanied by a responsible adult.

(5) Licensed operators requirement. A licensed operator shall be stationed at all points of sales at all times.

(6) Waiver. The council may waive or modify the requirements of this section due to the physical characteristics of the licensed site.

(7) Insurance. The applicant for a temporary fermented malt beverage or wine license may be required to indemnify, defend and hold the city and its employees and agents harmless against all claims arising from injury to or the death of any person, or any damage to property, caused by or resulting from the activities for which the permit is granted. As evidence of the applicant's ability to perform the conditions of the license, the applicant may be required to furnish a certificate of comprehensive general liability insurance or a performance bond prior to being granted the license.

(8) Beer and liquor not to be carried in or out. No person shall bring fermented malt beverages or intoxicating liquor in any form of a container with him, or in his automobile, to any public function within the City of Marshfield for his own consumption, or consumption of others, except with permission of the council granted for such function. The term "public function" shall be construed to mean any function that is open to the general public with or without admission charge upon any premises in the city. The carry-out of any alcoholic beverage is prohibited, and such prohibition shall be strictly enforced by the organization.

(9) Sale of fermented malt beverages on public grounds. It shall be unlawful for any person to sell, dispense or serve alcoholic or soft drink beverages to any person, at any concession stand or otherwise upon any public grounds in the City of Marshfield, including the Oak Avenue ball diamond and the Marshfield Fairgrounds, except in paper or plastic cups or containers or in an original metal can. Glass bottles or other glass containers are prohibited.

(10) Application for license. Application for such license shall be signed by the president or corresponding officer of the society or association making such application and shall be filed with the city clerk together with the appropriate license fee for each day for which the license is sought. Any person fronting for any group other than the one applied for shall, upon conviction thereof, be subject to a forfeiture of $200.00 and will be ineligible to apply for a temporary class "B" license for one year. The license shall specify the hours and dates of the license's validity. The application shall be filed a minimum of 15 days prior to the meeting of the council at which the application will be considered for events of more than three consecutive days. If the application is for a license to be used in a city park, the applicant shall specify the main point of sale facility.

(11) Review of license. Temporary class "B" fermented malt beverage and "class B" wine licenses will not be reviewed by the committee but will be reviewed by the city clerk prior to council action thereon. Council agendas shall have a general heading of "temporary liquor license," and such license applications approved by the city clerk as being in compliance with § 125.06(6) Wis. Stats. and this article will be submitted to the council for approval as a matter of course. However, any applicant desiring to appeal the city clerk's ruling to the council may do so by filing a written notice of appeal with the city clerk. Appeals may be acted upon by the council under the general heading on the council agenda relative to temporary licenses.

(Code 1982, 12.03(13); Ord. No. 1137, 1, 8-26-2008)