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Municipal Code

Chapter 9. Licenses and Permits

Sec. 9-30. Transfer and lapse of license

Procedures for the transfer and lapse of licenses shall be as follows:

(1) As to place. In accordance with the provisions of § 125.04(12)Wis. Stats., a license shall be transferable from one premises to another if such transfer is first approved by the council. An application for transfer shall be made on a form furnished by the city clerk. Proceedings for such transfer shall be had in the same form and manner as the original application. The fee for such transfer is $10.00. Whenever a license is transferred, the city clerk shall forthwith notify theWisconsin Department of Revenue of such transfer. This subsection does not apply to a license issued under § 125.51(4)(v) Wis. Stats. or to reserve "class B" licenses, as defined by § 125.51(4)(a)4 Wis. Stats.

(2) As to person. Transfers as to person shall be in accordance with the following:

  1. In the event of the sale of a business or business premises of the licensee, the purchaser of such business or business premises must apply to the city for reissuance of the license, and the city, as the licensing authority, shall in no way be bound to reissue the license to the subsequent purchaser.
  2. If a retail licensee becomes disabled, the city may, upon application, transfer the license to the licensee's spouse if that spouse may hold that type of license under the Wisconsin Statutes and complies with all requirements under this chapter applicable to original applicants, except that the spouse is exempt from payment of the license fee for the year in which the transfer takes place.
    1. If the licensee becomes disabled, the licensee shall be granted a reasonable exception from the operation of Section 9-32(11) and 9-32(12).
  3. Upon the death of the licensee, the personal representative, the surviving spouse if a personal representative is not appointed, a trustee or a receiver may continue or sell or assign the business. Business may be continued under this subsection only if the fiduciary or surviving spouse is a lawful resident of the United States and the State of Wisconsin, for a period of 90 days from the licensee's date of death, unless the operator shall qualify for new license. Provided, however, the spouse or personal representative or a personal agent authorized in writing to supervise and control the actual operation of the licensed premises shall be an individual qualified to hold the appropriate license under § 125.04(5) Wis. Stats.
    1. Upon the death of the licensee, a reasonable exception shall be granted from the operation of Sections 9-32(11) and 9-32(12).

(3) Whenever the agent of a corporate holder of a license is for any reason replaced, the licensee shall give the city clerk written notice of the replacement, the reasons therefor and the new appointment. Until the next regular meeting or special meeting of the council, the successor agent shall have the authority to perform the functions and be charged with the duties of the original agent. However, the license shall cease to be in effect upon receipt by the city clerk of notice of disapproval of the successor agent by the Wisconsin Department of Revenue or other peace officer of the municipality in which the license was issued. The corporation's license shall not be in force after receipt of such notice or after a regular or special meeting of the council until the successor agent or another qualified agent is appointed and approved by the city.

(4) Transfers where revocation or suspension proceedings are threatened or commenced shall be in accordance with the following:

  1. Retail class A or B liquor and fermented malt beverage licenses may not be transferred when any proceeding has been commenced by any authorized person or party or when any proceeding is authorized by the committee or council to revoke or suspend such license except as provided in subsection (4)(b) of this section.
  2. A retail class A or B liquor or fermented malt beverage license which is in jeopardy due to a pending license revocation proceeding may be transferred to the owner of the licensed premises where the license holder leases the premises or holds the premises under a land contract subject to the following terms and conditions:
    1. The license has not been revoked following a lawful revocation hearing.
    2. The licensee surrenders the license and the owner of the premises applies for the license.
    3. License fees will not be prorated.
    4. The license has not been transferred under threat of revocation within the past ten years.
    5. The license holder does not receive any compensation or profit from the license transfer and does not continue to be active in the management and control of the premises.

(Code 1982, 12.03(10); Ord. No. 1185, 1 - 15, 12-21-2010)