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Home My WebLink About27465 / 75-05(. ,:. �; 2 01975 FIRST READING # 4 ORDINANCE A GENERAL ORDINANCE OF THE CITY OF OSHF:OSH CREATING SECTION 4-31 � (a) (3) Ok' TII� OSAKOSH M[7NICIPAL CODE P;iRTAINING TO CLOSING Fi0UIt5 OF CLASS "A" RETAILER'S LICENSE HOLDERS POR PE1tMENTED MALT BEVERAG�S. The Common Council of the City of Oshkosh do ordain as follocas: SECTION 1. That Section 4-.il (a) (3) of �the Oshkosh Municipal Code pertaining to closing hours of Class "A" Fermented Malt Beverage license holders is hereby created to read as follows: (3) Closing Hours. No premises which has been issued a Class "A" Fermented Malt Beverage license shall se £ermented malt beverages or wine between the hours o£'1:00 .m�. and 8:00 a.m. except during that portion of the e when establishments having � Class "B" retai liquor 1 nses remain open unti7. 2:00 a.m. and and during those por io o� year, the Class "A" Fermented Malt Beverayz licens ho d may sell £ermented malt beverages and wine betw=en the s o£ 8:00 a.m. and 2:00 a.m. SECTION 2. This ordinance shall be in full Eorcz and efFect from an3 after its passage and date of publication. l,2PROF"Y,`D - 5- �''/'!� �.�= � ORDINANCE ADOPTED BY THE OSHKOSH COMMON COUNCIL ON THE 6TH DAY OF MARCH, 1975: A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTION 9-31 (a) (3) OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO CLOSING HOURS OF CLASS "A" RETAILER'S LICENSE HOLDERS FOR FERMENTED MALT BEVERAGES. The Common Council of the City of oshkosh do ordain as follows: SECTION 1. That Section 4-31 (a) (3) of the Oshkosh Municipal Code pertaining to closing hours of Class "A" Fermented Malt Beverage License Holders is hereby created to read as follows: (3) CLOSING HOURS. No premises which has been issued a Class "A" Fermented Malt Beverage license shall sell £ermented malt beverages or wine between the hours of 9:00 p.m. and 6:00 a.m. SECTION 2. This ordinance shall be in full force and effect from and after its passage and date o£ publication. A?r�G7£T3 __.... . � ..__.. _ _ . _, <.,.u,..� OS]�Ii�OSH T1�V�I�N L� 4GU�, Inc. M�M�' ""''\'�R �.%�� _'`�`> `(\ �� s OSHI�OSH, WISCONSIN Jam�ary 31� 1r75 Mr. Gordon Jaeger City Manager . � 21S Church Ave.� Oshkosh� Wisconsin 51�901 Dear Mr, Jaeger: Sn regard to our recent discussion� 2 am sencling you this letter as a request for a City Ordi.nazice on the closing hours of the Class °A° Liquor and Class '�A" Beer Licenses. As you are well avrare� certai.n Class ��A" Ia.censee�s are taldag advantage o£ the £act that their establisimients operate on.a 21� hovr basis. 41e� of the Tavern League oi Oshkosh do not feel that the co*.�¢uni.ty interests are b_st being served by the existing conditions, Nazry o£ the food stores that stay open are out of town corporations� operating on a licensed local agent. It is impossible for a licensed agent to be on the pretai.ses 24 hours a day, There£ore� axtp clerk in the store is permitted to sell intoxicating beverages. On more than one occasion� minor clerks have been observed selling intoxicants to other minors. There sezms to be no juri.sdiction over the clerks activies, It does not se�n £air to the Tavern Y.eeper and/or Liquor store proprietor to observe such £lagrant riolations o£ the minor laws xithout axty repercussion or penalt�. This is Vfiat I mean not having the coacnvnity interests at heart. tdeedless to say� these clerks are not licensed and yet will sell more beer and liquor in a Peiv hours than the average licensed bartender and tavern owner does all day. 2Seither a liquor store ovmer or a tavernkeeper will tolerate the sale of liquor to monore. Our business in most cases is our only means of a livelihood, Sde have too much at stake. 47e police ourselves even more throughly than the local law enfcrcenent agencies do, It is our contention that i£ the £ood stores were made to con£orm to the hours £or the cale of alcohol beverages which are prescribed by state laza� it wovld cause the minor to abstain i2�om purchasing or enter istto a licensed premises vrhere his age is scrutinized and recorded in the event of misrepreaentation o£ age, Retail liquor outlets are required by law to have on the prenises the jdiscoasin Identi£ication Register. 'i'hese are not available iY�o�a local licensing bodies but are available though the Tavern League. As President of the Tavern League o£ Oshlcosh� I 1¢iow £or a£act that cre do not have one super rtarket as a member. This 3s not a local probl� but an enforcement problem on a State level. ". -2 - lhe trend of municioalities in issuing licenses to drug store� corner g^ocery stores� super markets) one only r.ronders ho�t long before every filling statioa� flu�niture store� garages 2nd candy stores that have a soda pop dispensing facilities taill be allowed to promote the sale o£ intoxicants. According to 4Jisconsin Statutes Chapter 66.$04 1;Uni- cipal Law sub heading �j) "Fernented malt beveraoes" shall meaa any LIQIIOR or liqvid capable o£ bein� used for beverage purposes� made by the alcoholic £ermentation oF an inftrsion in potable z+ater of barley malt and hops� vrith or wi.thout vnmalted grains or decorticated and degerminated grains, or sugar containi.ng one-hal£ o£ one per cent or more of alcohol by volnne, IInd_r Chapter 176 Into.d.cating Liquor Iaxs o£ the State of {;ti.sconsin� I quote article 176.06 - CipSlfiG HOU2S - NO P2TS3ISES for which a cvholesale or retai.l liquor license has been issued shall be permitted to remain open £or the sale oS liquor� (2) If a retail Class "A�� license� between 9 P.M. and 8 A. t3, There are two key words in the law govetaiinb closing hours. One is PRFS•IISES - the second is LIQIIOR, Liquor means as well� £ermented malt beverages as deSlned by P.iinicipal Law. State laws spell out the closing hours. In a recent opinion by the Attor!�ey General Hronson TaFollette� on l^Iednesdap January 8� 197$� it has been ascertained that and I quote; In his opinion that a municipality cannot i.mpose di£ferent requirements on the same class o£ licenses wlthout vio�.ating State Law. A logical conclusioa is that: � A liquor store pays a license fee o£ $j00. £or liquor� and $10,00 for Beer, A grocery store pays a license £ee of $300. £or liquor and "�10.00 £or Beer, Both have Class "A'� licenses. Both beer and liquor licenses are issued simnitaneously to the PRI�2�ff5FS. A liquor store must close their operations at 9.00 P,I�I.� a grocery store is no di£ferent� they should also cease their operation under this Class '�A" license at 9•00 P.I�i. Premises can be defined as to include aqv area under one roof without the benefYt oP division by means o£ a se1S enclosed partioned area, Qne local store has the ideal set-up. The entire liquor department is partioned off. At 9.00 P.M. it is closed accor�linq to the State Latr. There is no beer or Yri.ne sold any �,fiere in this store a�ier this time, In this particular set-up the ninor has no accessibility to purchase a£ter hours, IInfortvnate�y this is not true in axcy other store. S�Tithout working a hardship on the individual stores� I prcpose that the use o£ their licenses be used for r;hat it fms i.c- tended. Not to be abused with all night sales. That beer and liquor be kept and dispensed £rom a completely enclosed area and accessibility be li.mited to adults to the hours prescribed by the State Statutes. Sincerely yours� Oshkosh Tavem League Inc. � r c/c to: Byron Murken �'� �<< /� `� Vlilliarn Gox�yo Theodore d;��Ifreuzer Converse Mazks m'esident � � � �. 0 w �. 0 �� u� � � oa x va n�O c �C w U R$ .i O U Y W N O • U VI G m N N S� m � a1 ❑ +i'd W 'O rl U Fe o .i O C i-7 S� O w t, in o a m � u o� o a � � w�¢ •�J N N �� C m � � N O U J� w N O • U UI G m N C. 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