Chapter 9. Licenses and Permits
Sec. 9-32. General conditions and restrictions.
All retail liquor licenses granted under this article shall be granted subject to the following conditions, and all other conditions of this article, and subject to all other ordinances, statutes and regulations of the city and state applicable thereto:
(1) Consent to entry. Every applicant procuring a license thereby consents to the entry of police or other duly authorized representatives of the city at all reasonable hours for the purpose of inspection and search, and consents to the removal from such premises of all things and articles there found in violation of city ordinances or state laws, and consents to the introduction of such things and articles in evidence in a prosecution that may be brought for such offenses.
(2) Minors. No retail "class B" or class "B" licensee shall permit any underage person, as defined in theWisconsin Statutes, upon licensed premises except for the purpose of the transactions of business as an employee of the licensee or licensee's agent, to sell, dispense or give away alcoholic beverages to such person, unless accompanied by a parent, spouse or legal guardian who has attained the legal drinking age, except as provided at § 125.07 Wis. Stats.
- Family members of the licensee who are minors under the age of 18 years may work in the licensed premises but are not permitted to sell or dispense alcoholic beverages.
- It is not a violation of this subsection if an underage person enters or remains in a room on class "B" or "class B" licensed premises separate from any room where alcoholic beverages are sold or served if no alcoholic beverages are furnished or consumed by any person in the room where the underage person is present and the chief of police of the City of Marshfield, or his designee, issues to the class "B" or "class B" licensee a written authorization for nonalcoholic activities or uses, permitting an underage person to be present under this subsection on the date specified in the authorization. Before issuing the authorization, the chief of police of the City of Marshfield or his designee shall make a determination that all alcoholic beverages on the premises are adequately secured and that the presence of underage persons on the licensed premises will not endanger their health, welfare or safety or that of other members of the community. The licensee shall obtain a separate authorization for each date on which underage persons will be present on the premises.
- No person who holds a license or permit and no employee of such a person is civilly liable for retaining a document presented as proof of age for a reasonable length of time in a good faith effort to determine whether the person who presented the document is an underage person or to notify a law enforcement authority of a suspected violation of § 125.085(3)(a) or (b) Wis. Stats.
(3) Disorderly conduct prohibited. Each licensed premises shall, at all times, be conducted in an orderly manner, and no disorderly, riotous or indecent conduct shall be allowed at any time on any licensed premises.
(4) Licensed operator on premises. There shall be upon all licensed premises during hours of operation, at all times, the licensee, and/or members of the licensee's immediate family who have attained the legal drinking age, and/or some person who shall have an operator's license and who shall be responsible for the acts of all persons serving as waiters, or in any other manner, providing any fermented malt beverages or intoxicating liquor to customers. No person other than the licensee shall serve fermented malt beverages or intoxicating liquor in any place operated under a "class B," class "B," or "class C" license unless he possesses an operator's license, or there is a person with an operator's license upon the premises at the time of such service.
(5) Health and sanitation regulations. The rules and regulations of the state board of health governing sanitation in restaurants shall apply to all premises for which liquor licenses are issued under this chapter.
(6) Restrictions near schools and churches. Except as provided in § 25.68(3) Wis. Stats., no retail classAor class B license shall be issued for premises, the main entrance of which is less than 300 feet from the main entrance of any established public school, parochial school, hospital or church. Such distance shall be measured by the shortest route along the street or highway from the closest point of the maintenance entrance of such school, church or hospital to closest point of the main entrance to such premises. This subsection shall not apply to premises licensed as such on June 30, 1947, nor shall it apply to any premises licensed as such prior to the occupation of real property within 300 feet thereof by any school building, hospital building or church building.
(7) Clubs. No club shall sell or give away any fermented malt beverages or intoxicating liquors except to bona fide members and guests invited by members.
(8) Improper exhibitions. Improper exhibitions shall be restricted as follows:
- Nude dancing in licensed establishments prohibited. It is unlawful for any person to perform or engage in, or for any licensee or manager or agent of the license to permit any person, employee, entertainer or patron to perform or engage in any live act, demonstration, dance or exhibition on the premises of a licensed establishment which: exposes his or her genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering; or exposes any portion of the female breast at or below the areola; or exposes the covered male genitals in a discernable turgid state; or exposes any device, costume or covering which gives the appearance of or simulates genitals, pubic hair, buttocks, anal region or pubic hair region; or engages in or simulates sexual intercourse and/or any sexual contact, including the touching of any portion of the female breast or the male and/or female genitals.
- Exemptions. The provisions of this subsection do not apply to the following licensed establishments: theaters, performing arts centers, civic centers and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers of entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.
- Penalties. Any person who violates any of the provisions of this subsection shall be subject to a forfeiture of not less than $500.00, and not more than $1,000.00 per violation.Aseparate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this subsection constitutes sufficient grounds for suspending, revoking or nonrenewing an alcoholic beverage license under § 125.12 Wis. Stats. and section 9-34.
(9) Closing hours. Closing hours shall be in conformity with § 125.32(3) Wis. Stats. and further restricted as follows:
- Class "B" licenses. Closing hours for class "B" licenses shall be as follows:
- No premises for which a retail "class B" liquor, class "B" fermented malt beverage, or "class C" wine license has been issued shall be permitted to remain open for the sale of liquor or fermented malt beverages or for any other purpose between the hours of 2:00 a.m. and 6:00 a.m., Monday through Friday, and 2:30 a.m. and 6:00 a.m., Saturday and Sunday. There shall be no closing hours on January 1.
- Hotels and restaurants, the principal business of which is the furnishing of food or lodging to patrons, bowling alleys, indoor horseshoe-pitching facilities, curling clubs, golf courses, and golf clubhouses may remain open for the conduct of their regular business but shall not sell liquor or malt beverages during the closing hours of subsection (9)(a)1 of this section.
- Carry-out hours. Carry-out hours shall be as follows:
- Between the hours specified in §125.32(3)(b), Wis. Stats., no person may sell, remove, carry out or permit to be removed or carried out from any premises having a class "A" license, fermented malt beverages in original unopened packages, containers or bottles or for consumption away from the premises.
- Between the hours specified in §125.68(4)(b), no person may sell intoxicating liquor in original unopened packages, containers or bottles or for consumption away from the premises having a "class A" license.
- Between the hours specified in §125.32(3) (am), no person may sell fermented malt beverages or intoxicating liquor on "class B" or class "B" licensed premises in an original unopened package, container or bottle or for consumption away from the premises.
- Between the hours specified in §125.68(4)(c)3., Wis. States, no person may sell intoxicating liquor on "class B" or class "B" licensed premise in an original unopened packae, continer or bottle or for consumption away from the premises.
(10) Conduct of business in conjunction with another business. No business under a "class A" liquor license, or under a combination of a "class A" liquor license and a class "A" fermented malt beverage license, shall be conducted in conjunction with any other business on the same premises, unless the area in which the liquor and/or beer is sold shall be arranged and constructed in a manner as to permit and facilitate its closing during the hours and days stipulated by the Wisconsin Statutes.
(11) Time limit for beginning business. Within 90 days from the issuance of a "class A" retail liquor license, class "A" retail fermented malt beverage license, "class B" intoxicating liquor license or a class "B" fermented malt beverage license, the licensee shall be opened for business with stock and equipment. In the event of his failure to do business within such time, his license shall be subject to revocation by the council after a public hearing. The committee may, for good cause shown, extend such 90-day period.
(12) Failure to remain open. If any licensee shall fail to remain open for business for a period of 90 consecutive days or more, his "class A" retail liquor license, "class A" retail fermented malt beverage license, class "B" intoxicating liquor license or "class B" fermented malt beverage license shall be subject to revocation by the council after a public hearing.
(13) Consumption outside of certain premises. Intoxicating liquor and fermented malt beverages sold on premises may not be consumed by patrons or others outside of retail "class B" intoxicating liquor or fermented malt beverages premises as such premises are described in the relevant license application, and it shall be unlawful for a license holder to permit such consumption contrary to the terms of this article.
(14) License quotas. License quotas shall be as follows:
- The number of persons and places that may be granted liquor licenses under this article is limited as provided in the Wisconsin Statutes, except as provided in this subsection.
- In the event applications for previously unissued licenses of any class exceed the number of licenses available, the judiciary, licensing and cemetery committee shall conduct a lottery among qualified applicants to select the parties to be issued the available licenses.
- Population shall mean the number of inhabitants as determined in the last decennial federal census preceding the application in question.
(15) Sales by persons holding operator's license. Sales of fermented malt beverages and intoxicating liquor in class "A" and "class A" licensed premises shall be made only by persons holding a current operator's license under section 9-36, or by other persons at the establishment who are the age of 18 or older, provided such other persons are under the direct supervision, including the direct view, of a person holding a current operator's license under section 9-36.
(Code 1982, § 12.03(12); Ord. No. 895, § 2, 8-14-2001; Ord. No. 1066, § 1, 2, 3-28-2006; Ord. No. 1218, § 1, 1-24-2012)
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