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HomeMy WebLinkAbout22. 19-88FEBRUARY 12, 2019 19-88 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AMEND CHAPTER 4 ALCOHOL BEVERAGES ORDINANCE PERTAINING TO GENERAL REQUIREMENTS FOR LICENSING AND USE OF LICENSE INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING CHAPTER 4 ARTICLE I OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ALCOHOL BEVERAGES — STATE STATUTES ADOPTED AND GENERAL REQUIREMENTS FOR THE LICENSING OF PREMISES The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Chapter 4 Article I of the Oshkosh Municipal Code pertaining to Alcohol Beverages — State Statutes Adopted and General Requirements for the Licensing of Premises is hereby amended to read as shown on the attachment to this ordinance. SECTION 2. This ordinance shall be in full force and effect from and after its passage, and publication. SECTION 3. Publication Notice Please take notice that the City of Oshkosh enacted ordinance #19 -XX AMEND CHAPTER 4 ALCOHOL BEVERAGES ORDINANCE PERTAINING TO GENERAL REQUIREMENTS FOR LICENSING AND USE OF LICENSE (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING CHAPTER 4 ARTICLE I OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ALCOHOL BEVERAGES — STATE STATUTES ADOPTED AND GENERAL REQUIREMENTS FOR THE LICENSING OF PREMISES) on February 26, 2019. The ordinance amends Article I of Chapter 4 of the City's Municipal Code pertaining to alcohol beverage licensing to clarify the existing ordinances pertaining to the granting and issuance of alcohol beverages licenses and to make current practices consistent with the ordinance language; to add language clearly conditioning all licenses FEBRUARY 12, 2019 19-88 ORDINANCE FIRST READING CONT'D upon the successful completion of required inspections, reviews and statutory requirements; and to modify the provisions related to the required use of licenses to require applicants to follow through with issuance of licenses conditionally granted and the use of alcohol beverage licenses for at least 1 consecutive thirty (30) day period during any consecutive 12 month period, regular closing days excepted. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone: 920/236-5011. CHAPTER 4 ALCOHOL BEVERAGES ARTICLE I. STATE STATUTES ADOPTED AND GENERAL REQUIREMENTS FOR THE LICENSING OF PREMISES SECTION 4-1 STATE STATUTES ADOPTED Except as otherwise specifically provided, all provisions of Chapter 125 of the Wisconsin Statutes describing and defining regulations with respect to alcohol beverages are hereby adopted and by reference made a part of this Code as if fully set forth herein. To effect the legislative intent that regulation of alcohol beverages is a matter of statewide concern, it is the intention of this ordinance to include within such references all provisions of Chapter 125 of the Wisconsin Statutes in effect at the time of adoption of this section together with any applicable prior revisions and all future recodifications, renumberings and amendments unless otherwise expressly provided in such references. It is the intention of this section that any act required to be performed or prohibited by Chapter 125 of the Wisconsin Statutes, as previously amended, presently in effect or as may be amended in the future, incorporated within this section by reference, is an act required to be performed or is an act prohibited by this section. SECTION 4-2 PREMISES TO BE LICENSED (A) Type of Premises A license shall be required for each premises, room or enclosure or for each suite of rooms or enclosures which are in direct connection to each other where alcohol beverages are kept, sold, or offered for sale. No license shall be issued to any person, firm, or corporation for the purpose of possessing, selling or offering for sale any alcohol beverages in any dwelling, house, flat, or residential apartment. (B) Schools The possession and/or use of intoxicating liquors or fermented malt beverages on primary and secondary public school property, is hereby prohibited. The use and possession of intoxicating liquor and fermented malt beverages is also prohibited at any public primary or secondary school sponsored event. SECTION 4-3 APPLICATION FOR LICENSE (A) Form Applications for a license to sell or deal in intoxicating liquor shall be made in writing on the form prescribed by law, and shall be sworn to by the applicant, as provided within chapter 125 of the Wisconsin Statutes, and shall be filed with the City Clerk not less than fifteen (15) days prior to the granting of such license. (B) Time for Filing All renewal applications for licenses will be issued on July 1st of any year and all original applications for such licenses to be issued on July 1st of any year shall be executed and filed with the City Clerk not later than April 15th preceding. (C) Payment of License Fee No license for the sale of alcohol beverages may be delivered to the applicant until the applicant files with the City Clerk a receipt showing payment of the prescribed license fee to the Treasurer. The applicant shall pay the prescribed license fee at least fifteen (15) days prior to the date the license is to be issued. (D) Proof of Seller's Permit Applications shall be accompanied by proof of application for or a copy of the applicant's current Wisconsin State Seller's permit. If the application is accompanied by an application for the seller's permit the license may be conditionally granted to the applicant and a copy of a current permit must be provided to the City Clerk's office prior to the issuance of the license. (E) Publication Said application shall be accompanied by the cost of the publication in the amount as provided for within chapter 125 of the Wisconsin Statutes. Prior to the granting of such license notice of the application shall be published in the official newspaper at least three (3) times successively. Such publication shall include the name and address of the applicant, and kind of license applied for, and the location of the premises to be licensed. SECTION 4-4 LICENSE INVESTIGATION AND APPROVAL (A) Investigation by Officials The City Clerk shall notify the Chief of Police, the Winnebago County Health Department, and the Chief of the Fire Department of each application, and these officials shall inspect or cause to be inspected each applicant's qualifications and the premises, together with such other investigation as shall be necessary to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances, and laws applicable thereto, including those governing sanitation in restaurants, and whether the applicant is a proper person to be the recipient of a license. The Chief of Police shall interview or cause to be interviewed the applicant for purposes of completing the Council Questionnaire. These officials shall each file with the City Clerk, the information derived from such investigation accompanied by a recommendation as to whether a license should be granted, conditionally granted or denied. If the recommendation is to conditionally grant the license, a written explanation shall be provided to the City Clerk's office who shall provide such explanation to the applicant. If the recommendation is to conditionally grant the license, based upon items noted in the investigations which are deemed reasonably correctable by the inspecting official, the City Clerk may forward the license for approval by Council and approval by the Council shall be conditioned upon correction of any violations noted in the written explanation provided to the City Clerk. If the recommendation is to deny the license, a written explanation shall be provided to the City Clerk's office who shall provide such explanation to the Council and the applicant. (B) Approval by Council The City Council may, upon the applicant's completion of all prescribed procedures, grant or conditionally grant the license. If the Council decides not to grant a new license under this Chapter, it shall notify the applicant in writing of the decision and the reason(s) therefore pursuant to Section 125.12 of the Wisconsin Statutes. Nonrenewal of licenses shall be governed by the provisions of Section 125.12 of the Wisconsin Statutes. (C) Appearance before Council Unless notified otherwise, all applicants for the license need not appear in person before the City Council provided a completed questionnaire is presented to the Council with the requisite application. SECTION 4-5 GRANTING AND ISSUANCE OF LICENSE Opportunity shall be given by the Common Council to any person to be heard for or against the granting of any license. Upon the approval of the applicant by the Common Council, the City Clerk shall issue to the applicant a license. If a license has been conditionally approved, the City Clerk shall issue to the applicant a license only upon proof of compliance with all conditions. Each license shall be numbered in the order in which issued, and shall state the premises for which issued, the date of issuance, the fee paid, and the name of the licensee. Upon the approval of the applicant by the Common Council, the City Clerk shall issue to the applicant a license except as follows: (A) For any premises for which items were identified under section 4-4 above until all conditions have been corrected and verified by reinspection by the Department identifying the condition. (B) Unpaid Taxes, Assessments or Special Charges. 1) Premises. a) For any premises for which taxes, assessments, or special charges are delinquent and unpaid. This subsection 1) shall not apply to prohibit the issuance of a license for any premises if: a. the unpaid taxes, assessments or special charges were levied against the premises; and b. the license is necessary for the conduct of business on the premises by a lessee of the premises; and c. the licensee and owner have no immediate or extended family, business, or financial relationship with one another other than as landlord and tenant. b) For any premises for which a conditional approval of the granting of the license has been issued and for which written proof of fulfillment or completion of the conditions has not been provided to the City Clerk's office. 2) Persons. a) To any person who is delinquent in the payment of taxes, assessments or special charges related to the business or property for which the license or permit is sought. b) To any applicant for a Class "A" or Class "B" license who has an indebtedness for fermented malt beverages outstanding for more than 15 days or to any applicant for an intoxicating liquor or retail license or permit who has an indebtedness for intoxicating liquor outstanding for more than 30 days. c) To any person who has not provided a copy of their current State of Wisconsin Seller's Permit d) To any person for which a conditional approval of the granting of the license has been issued and for which written proof of fulfillment or completion of the conditions has not been provided to the City Clerk's office. Upon issuance of the license, the City Clerk shall remit the license fee to the City Treasurer who shall transfer said fee to the General City Fund. The full license fee shall be charged except as specifically provided for within this ordinance or by statute. (3) Appeal. Alleged errors in the determination of non -issuance of the license based upon delinquent or unpaid taxes, assessments or special charges may be appealed to the Finance Director within 5 days of notice of the non -issuance of the license or permit. The Finance Director shall issue a notice setting forth a date and time for hearing on the matter, not less than three (3) days nor more than fifteen (15) days after the date of the notice of hearing. At the hearing, the complainant and a representative of the City may be represented by counsel, may present evidence and call and examine witnesses and cross examine witnesses of another party. Such witnesses shall be sworn or affirmed by the person conducting the hearing. The Finance Director shall act as the decision maker. If the Finance Director is unable to so act, a decision maker shall be appointed by the City Manager. A written determination shall be made directing the continued holding of the license or permit or the issuance of such license or permit. Within ten (10) days of the hearing, the written determination shall be mailed to all interested parties and shall be placed on file with the City Clerk by the decision maker. The written decision shall specify the reasons for the decision made. Within ten days of the date of posting of the written decision, any person aggrieved thereby may appeal such decision to the Common Council. Appeals shall be taken by filing a notice of appeal specifying the grounds therefor with the City Clerk. On Appeal the Finance Director or other decision maker shall forthwith transmit all papers relating to such appeal to the City Clerk. The Clerk shall give notice of the appeal to the Common Council at its next regular meeting. The Council shall then fix a reasonable time for hearing of the same and give public notice thereof, as well as notice to the parties interested, and shall promptly decide the appeal. Any party to the proceeding as well as any person who may be adversely affected by a decision of the Council may appear at the hearing and may produce witnesses and be represented by counsel. In addition to any other witnesses presented, the council may subpoena and examine such other persons as it may deem necessary for a fair and impartial hearing of the appeal. The Clerk shall swear or affirm all persons testifying before the council in regard to the appeal, and shall maintain a record of all testimony and other evidence as may be presented. The Council may reverse, affirm, or modify the decision of the Finance Director or other decision maker appealed from, and to this end may direct issuance or non - issuance of any license or permit. Within ten (10) days after the decision on any appeal, the City Clerk shall cause due notice thereof in writing to be mailed to all parties to the appeal as well as any other persons who may have appeared therein at their last known post office address. Such notice shall specify the grounds for the decision. Any person aggrieved by the decision of the Common Council on appeal may seek such other legal relief as may be available. SECTION 4-6 Required Use of License (A) Required use of License. The following shall be a violation of this chapter. The penalty for violation of this Section shall be limited to non -renewal or revocation of the license only. (1) failure to complete the requirements that would result in the issuance of a "Class B" or Class "B" license even though such license has been granted by the Common Council during the prior license year. (2) failure to conduct license -related business on the premises for which the license was granted and/or issued for at least one (1) consecutive thirty (30) day period during any consecutive twelve (12) month period. a. For purposes of this section "license -related business" shall mean the actual sale or offering for sale of alcoholic beverages under a valid alcohol beverage license. b. For purposes of this section it shall not be deemed a violation for the premises to be closed on regularly scheduled closing days of the business (for example, holidays or Mondays where the business has typically maintained Mondays as a day that it is closed for business). SECTION 4-7 DUPLICATE LICENSES Whenever a license or permit shall be lost or destroyed without fault on the part of the holder or his agent or employee, a duplicate in lieu thereof under the original application shall be issued by the City Clerk upon the Clerk's satisfaction as to the facts. SECTION 4-8 LICENSE TO BE POSTED ON PREMISES (A) Every license and permit issued pursuant to this Section shall be enclosed in a suitable wood or metal frame, having a clear glass space and a substantial wood or metal back, so that the whole of such license may be seen therein, and shall be posted up and at all times displayed in a conspicuous place in the room where such business is carried on, so that all persons visiting such place may readily see the same. (B) It shall be unlawful for any person to post such license or permit, upon premises other than mentioned in the application, or knowingly to deface or destroy such license or permit, or to remove it without the consent of the licensee or permit holder. SECTION 4-9 VIOLATIONS BY AGENT A violation of this Chapter by a duly authorized agent or employee of the licensee or permit holder shall constitute a violation by the licensee or permit -holder. SECTION 4-10 HEALTH RULES Each licensed premises shall have a current Health Permit or Restaurant License. TO: Mayor and Members of the Common Council FROM: Pamela R. Ubrig, City Clerk DATE: February 7, 2019 RE: Amend Chapter 4 Alcohol Beverages Ordinance Pertaining to General Requirements for Licensing and Use of License BACKGROUND AND ANALYSIS Council received a packet of information dated January 25, 2019 providing the background and analysis along with supporting information related to the proposed ordinance revisions pertaining to the Process for Review of Unused Liquor Licenses. A copy of that memo and the attachments are attached to this memorandum. FISCAL IMPACT There is no anticipated direct fiscal impact from the proposed ordinance. There may be indirect impacts from supporting currently active businesses actively using their licenses and through the creation of a pool of licenses to be available for new businesses wishing to locate or expand their operations within the City. RECOMMENDATION Staff recommends that the Council adopt the proposed ordinance. Respectfully Submitted, T Approved: ) Pamela R. Ubrig Mark A. Rohloff City Clerk City Manager City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Mayor and Members of the Common Council. FROM: Mark A. Rohloff, City Manager Pamela R. Ubrig, City Clerk��� Lynn A. Lorenson, City Attorney DATE: January 25, 2019 RE: Process for Review of Unused Liquor Licenses Over the past several years the City Council has discussed the process for review of unused liquor licenses as provided in section 4-5 of the City's Municipal Code. Section 4-5 states that it is a violation of the city ordinances to fail to conduct license -related business on a premises for which a license has been issued for any one year period. The current ordinance provides that the penalty for violation shall be revocation of the license only. The current ordinance does not specifically address the purposes of this regulation. However, where licenses are limited by a state quota, an ordinance or policy requiring the utilization of a liquor license benefits the public by supporting currently operating businesses actively using their licenses as well as new businesses wishing to locate in the municipality and contribute to the tax base. Such an ordinance or policy assures that licenses are not held for private speculative purposes or for an unreasonable period to enhance the value of non-operating premises. The ordinance is a purely local regulation, not required by state law, but one which promotes the use of licenses which are issued to enhance current businesses operations and promotes the availability of licenses in the local community for future development. It is important that if the Council adopts a local policy related to liquor licenses, that the policy is applied fairly and consistently to all license holders. To that end, Council directed staff to review the current ordinances and to develop a policy for review of inactive licenses. As staff reviewed the current ordinance, staff identified potential modifications to the ordinance which would clarify and strengthen the ordinance. Provisions relating to the granting and issuance of licenses were clarified and placed in a single section. As a result section 4-5 was renumbered 4-6 and also modified to more clearly identify what required use of the license means. As proposed, the draft ordinance would create the following violations: (1) failure to complete the requirements that would result in the issuance of a "Class B" or Class 'B" license even though such license has been granted by the Common Council during the prior license year. (2) failure to conduct license -related business on the premises for which the license was granted and/or issued for at least one (1) consecutive thirty (30) day period during any consecutive twelve (12) month period. a. For purposes of this section "license -related business" shall mean the actual sale or offering for sale of alcoholic beverages under a valid alcohol beverage license. b. For purposes of this section it shall not be deemed a violation for the premises to be closed on regularly scheduled closing days of the business (for example, holidays or Mondays where the business has typically maintained Mondays as a day that it is closed for business). The first violation is encompassed within the existing ordinance. The second violation is a proposed change to the current ordinance. Under the current ordinance, a license holder could, in effect, "reset the clock" by opening one day during the license year, thereby defeating the intent of the ordinance. While this has not been an issue to date, staff is recommending strengthening the ordinance by requiring a minimum period of operation. Staff has proposed. at least one consecutive thirty day period of operation during each consecutive 12 month period or "rolling year". While one might require a different number of days or consecutive or non- consecutive days, after discussion staff felt that thirty days presented a reasonable minimal number and would not burden a typical license holder who may close for a period for maintenance, personal or other reasons. Requiring the days during which the business is open to be consecutive assists with tracking for enforcement and is much easier to track than various dates spread throughout the course of a year. It should be noted that language was also included clarifying that consecutive does not require one to be open on holidays or other normal closed days for the business. Staff believes that thirty days is a reasonable minimal requirement. As proposed the ordinance would require the Council to non -renew or revoke any license not used for the periods specified similar to the current ordinance requirement. Council has at times been reluctant to strictly enforce the current revocation requirement. Based on prior discussion and decisions of the Council staff has also prepared language to give the council guidance for determinations whether to non -renew or revoke a license with the potential to grant some relief for license holders who are unable to conduct a license -related business through certain circumstances beyond their control if that is the determination of the Council. Staff has not included that language in this draft however, understanding that the Council's intent with the proposed revision is to essentially "reset" and strictly enforce the policy requiring use of licenses to support current active license holders and economic development within the community. In addition to the changes related to the section governing use of the license, staff is proposing language clearly conditioning all licenses upon satisfactory inspections and completion of all requirements for licensing. While those requirements are required by statute and have been understood for many years, staff is proposing some modifications to the ordinance and standard resolution to better set forth those requirements as well. Finally there are 'some additional changes proposed to make the ordinance more clear and understandable. Attached to the memorandum for your review are a redline copy of the proposed changes to the current ordinances; a clean copy with the changes as proposed; a proposed policy for review which would be adopted by resolution for how and when licenses would be brought to Council for non -renewal or revocation under this ordinance; and a copy of the updated license resolution. Staff will be using the updated license resolution for all licenses issued from this point forward and bringing the proposed ordinance changes and policy to the Council in February. The ordinance will require two readings, the policy would be scheduled for adoption with the second reading of the ordinance at the February 26ffi meeting. Staff would then send a copy of the new policy and ordinance changes to current license holders with renewal packets in March. If anyone has any questions or concerns related to this please feel free to contact any of us and we will be happy to try to answer those questions. CHAPTER 4 ALCOHOL BEVERAGES ARTICLE I. STATE STATUTES ADOPTED AND GENERAL REQUIREMENTS FOR THE LICENSING OF PREMISES SECTION 4-1 STATE STATUTES ADOPTED Except as otherwise specifically provided, all provisions of Chapter 125 of the Wisconsin Statutes describing and defining regulations with respect to alcohol beverages are hereby adopted and by reference made a part of this Code as if fully set forth herein. To effect the legislative intent that regulation of alcohol beverages is a matter of statewide concern, it is the intention of this ordinance to include within such references all provisions of Chapter 125 of the Wisconsin Statutes in effect at the time of adoption of this section together with any applicable prior revisions and all future recodifications, renumberings and amendments unless otherwise expressly provided in such references. It is the intention of this section that any act required to be performed or prohibited by Chapter 125 of the Wisconsin Statutes, as previously amended, presently in effect or as may be amended in the future, incorporated within this section by reference, is an act required to be performed or is an act prohibited by this section. SECTION 4-2 PREMISES TO BE LICENSED (A) Type of Premises A license shall be required for each premises, room or enclosure or for each suite of rooms or enclosures which are in direct connection to each other where alcohol beverages are kept, sold, or offered for sale. No license shall be issued to any person, firm, or corporation for the purpose of possessing, selling or offering for sale any alcohol beverages in any dwelling, house, flat, or residential apartment. (B) Schools The possession and/or use of intoxicating liquors or fermented malt beverages on primary and secondary public school property, is hereby prohibited. The use and possession of intoxicating liquor and fermented malt beverages is also prohibited at any public primary or secondary school sponsored event. SECTION 4-3 APPLICATION FOR LICENSE (A) Form Applications for a license to sell or deal in intoxicating liquor shall be made in writing on the form prescribed by law, and shall be sworn to by the applicant, as provided within chapter 125 of the Wisconsin Statutes, and shall be filed with the City Clerk not less than fifteen (15) days prior to the granting of such license. (B) Time for Filing All renewal applications for licenses will be issued on July 1st of any year and all original applications for such licenses to be issued on July 1st of any year shall be executed and filed with the City Clerk not later than April 15th preceding. (C) Payment of License Fee No license for the sale of alcohol beverages may be delivered to the applicant until the applicant files with the City Clerk a receipt showing payment of the prescribed license fee to the Treasurer. The applicant shall pay the prescribed license fee at least fifteen (15) days prior to the date the license is to be issued. (D) Proof of Seller's Permit Applications shall be accompanied by proof of application for or a copy of the applicant's current Wisconsin State Seller's permit. If the application is accompanied by an application for the seller's permit the license may be conditionally granted to the applicant and a copy of a current permit must be provided to the City Clerk's office prior to the issuance of the license. (E) Publication Said application shall be accompanied by the cost of the publication in the amount as provided for within chapter 125 of the Wisconsin Statutes. Prior to the granting of such license notice of the application shall be published in the official newspaper at least three (3) times successively. Such publication shall include the name and address of the applicant, and kind of license applied for, and the location of the premises to be licensed. SECTION 4-4 LICENSE INVESTIGATION AND APPROVAL (A) Investigation by Officials The City Clerk shall notify the Chief of Police, the Winnebago County Health Department, and the Chief of the Fire Department of each application, and these officials shall inspect or cause to be inspected each applicant's qualifications and the premises, together with such other investigation as shall be necessary to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances, and laws applicable thereto, including those governing sanitation in restaurants, and whether the applicant is a proper person to be the recipient of a license. The Chief of Police shall interview or cause to be interviewed the applicant for purposes of completing the Council Questionnaire. These officials shall each file with the City Clerk, the information derived from such investigation accompanied by a recommendation as to whether a license should be granted, conditionally granted or denied. If the recommendation is to conditionally grant of-deRy the license, a written explanation shall be provided to the City Clerk's office who shall provide such explanation to the applicant. If the recommendation is to conditionally grant the license, based upon items noted in .the investigations which are deemed reasonably correctable by the inspecting official the City Clerk may forward the license for approval by Council and approval by the Council shall be conditioned upon correction of any violations noted in the written explanation provided to the City Clerk If the recommendation is to deny the license a written explanation shall be provided to the City Clerk's office who shall provide such explanation to the Council and the applicant. (B) Approval by Council The City Council may, upon the applicant's completion of all prescribed procedures, grant or conditionally grant the license. If the Council decides not to grant a new license under this Chapter, it shall notify the applicant in writing of the decision and the reason(s) therefore pursuant to Section 125.12 of the Wisconsin Statutes. if the GOUReil deG*des Nonrenewal of the -licenses f„r the reaseRs therein enumeFate i theshall be governed by the provisions of Section 125.12 of the Wisconsin Statutes shall may. (C) Appearance before Council Unless notified otherwise, all applicants for the license need not appear in person before the City Council provided a completed questionnaire is presented to the Council with the requisite application. SE.CTIgN-4 Q GRANTING OF LICENSES: --HEARING (note: these sections are moved and amended in the below 2 sections) SECTION 4-65 GRANTING AND ISSUANCE OF LICENSE Onoortunity shall be Given by the Common Council to any person to be heard for or against the granting of any license Upon the approval of the applicant by the Common Council the City Clerk shall issue to the applicant a license If a license has been conditionally approved, the City Clerk shall issue to the applicant a license only upon proof of compliance with all conditions. Each license shall be numbered in the order in which issued and shall state the premises for which issued the date of issuance the fee paid and the name of the licensee. (A) Upon the approval of the applicant by the Common Council, the City Clerk shall issue to the applicant a license except as follows: (A) For any premises for which items were identified under section 4-4 above until all conditions have been corrected and verified by reinspection by the Department identifyin the condition. (B) Unpaid Taxes Assessments or Special Charges. 1) Premises. a) For any premises for which taxes, assessments, or special charges are delinquent and unpaid. L This subsection 1) shall not apply to prohibit the issuance of a license for any premises if: a. the unpaid.taxes, assessments or special charges were levied against the premises; and b. the license is necessary for the conduct of business on the premises by a lessee of the premises; and c. the licensee and owner have no immediate or extended family, business, or financial relationship with one another other than as landlord and tenant. b) For any premises for which a conditional approval of the granting of the license has been issued and for which written proof of fulfillment or completion of the conditions has not been provided to the City Clerk's office. 2) Persons. a) To any person who is delinquent in the payment of taxes, assessments or special charges related to the business or property for which the license or permit is sought. b) To any applicant for a Class "A" or Class "B" license who has an indebtedness for fermented malt beverages outstanding for more than 15 days or to any applicant for an intoxicating liquor or retail license or permit who has an indebtedness for intoxicating liquor outstanding for more than 30 days. c) To any person who has not provided a copy of their current State of Wisconsin Seller's Permit d) To any person for which a conditional approval of the granting of the license has been issued and for which written proof of fulfillment or completion of the conditions has not been provided to the City Clerk's office. Upon issuance of the license, the City Clerk shall remit the license fee to the City Treasurer who shall transfer said fee to the General City Fund. The full license fee shall be charged except as specifically provided for within this ordinance or by statute. (3) Appeal Alleged errors in the determination of non -issuance of the license based upon delinquent or unpaid taxes assessments or special charges may be appealed to the Finance Director within 5 days of notice of the non -issuance of the license or permit. The Finance Director shall issue a notice setting forth a date and time for hearing on the matter, not less than three (3) days nor more than fifteen (15) days after the date of the notice of hearing. At the hearing, the complainant and a representative of the City may be represented by counsel, may present evidence and call and examine witnesses and cross examine witnesses of another party. Such witnesses shall be sworn or affirmed by the person conducting the hearing. The Finance Director shall act as the decision maker. If the Finance Director is unable to so act, a decision maker shall be appointed by the City Manager. A written determination shall be made directing the continued holding of the license or permit or the issuance of such license or permit. Within ten (10) days of the hearing, the. written determination shall be mailed to all interested parties and shall be placed on file with the City Clerk by the decision maker. The written decision shall specify the reasons for the decision made. Within tendays of the date of posting of the written decision, any person aggrieved thereby may appeal such decision to the Common Council. Appeals shall be taken by filing a notice of appeal specifying the grounds therefor with the City Clerk. On Appeal the Finance Director or other decision maker shall forthwith transmit all papers relating to such appeal to the City Clerk. The Clerk shall give notice of the appeal to the Common Council at its next regular meeting. The Council shall then fix a reasonable time for hearing of the same and give public notice thereof, as well as notice to the parties interested, and shall promptly decide the appeal. Any party to the proceeding, as well as any person who may be adversely affected by a decision of the Council may appear at the hearing and may produce witnesses and be represented by counsel. In addition to any other witnesses presented, the council may subpoena and examine such other persons as it may deem necessary for a fair and impartial hearing of the appeal. The Clerk shall swear or affirm all persons testifying before the council in regard to the appeal, and shall maintain a record of all testimony and other evidence as may be presented. The Council may reverse, affirm, or modify the decision of the Finance Director or other decision maker appealed from, and to this end may direct issuance or non -issuance of any license or permit. Within ten (10) days after the decision on any appeal, the City Clerk shall cause due notice thereof in writing to be mailed to all parties to the appeal as well as any other persons who may have appeared therein at their last known post office address. Such notice shall specify the grounds for the decision. Any person aggrieved by the decision of the Common Council on appeal may seek such other legal relief as may be available. SECTION 4-6 Required Use of License (A) Required use of License. The following shall be a violation of this chapter. The penalty for violation of this Section shall be limited to non -renewal or revocation of the license only. (1) failure to complete the requirements that would result in the issuance of a "Class B" or Class "B" license even though such license has been granted by the Common Council during the prior license year. 2) failure to conduct license -related business on the premises for which the license was granted and/or issued for at least one (1) consecutive thirty (30) day period during any consecutive twelve (12) month period. a For purposes of this section "license -related business shall mean the actual sale or offering for sale of alcoholic beverages under a valid alcohol beverage license: b For purposes of this section it shall not be deemed a violation for the premises to be closed on regularly scheduled closing days of the business (for example holidays or Mondays where the business has typically maintained Mondays as a day that it is closed for business). SECTION 4-7 DUPLICATE LICENSES Whenever a license or permit shall be lost or destroyed without fault on the part of the holder or his agent or employee, a duplicate in lieu thereof under the original application shall be issued by the City Clerk upon the Clerk's satisfaction as to the facts. SECTION 4-8 LICENSE TO BE POSTED ON PREMISES (A) Every license and permit issued pursuant to this Section shall be enclosed in a suitable wood or metal frame, having a clear glass space and a substantial wood or metal back, so that the whole of such license may be seen therein, and shall be posted up and at all times displayed in a conspicuous place in the room where such business is carried on, ,so that all persons visiting such place may readily see the same. (B) It shall be unlawful for any person to post such license or permit, upon premises other than mentioned in the application, or knowingly to deface or destroy such license or permit, or to remove it without the consent of the licensee or permit holder. SECTION 4-9 VIOLATIONS BY AGENT A violation of this Chapter by a duly authorized agent or employee of the licensee or permit holder shall constitute a violation by the licensee or permit -holder. SECTION 4-10 HEALTH RULES Each licensed premises shall have a current Health Permit or Restaurant License. CHAPTER 4 ALCOHOL BEVERAGES ARTICLE 1. STATE STATUTES ADOPTED AND GENERAL REQUIREMENTS FOR THE LICENSING OF PREMISES SECTION 4-1 STATE STATUTES ADOPTED Except as otherwise specifically provided, all provisions of Chapter 125 of the Wisconsin Statutes describing and defining regulations with respect to alcohol beverages are hereby adopted and by reference made a part of this Code as if fully set forth herein. To effect the legislative intent that regulation of alcohol beverages is a matter of statewide concern, it is the intention of this ordinance to include within such references all provisions of Chapter 125 of the Wisconsin Statutes in effect at the time of adoption of this section together with any applicable prior revisions and all future recodifications, renumberings and amendments unless otherwise expressly provided in such references. It is the intention of this section that any act required to be performed or prohibited by Chapter 125 of the Wisconsin Statutes, as previously amended, presently in effect or as may be amended in the future, incorporated within this section by reference, is an act required to be performed or is an act prohibited by this section. SECTION 4-2 PREMISES TO BE LICENSED (A) Type of Premises A license shall be required for each premises, room or enclosure or for each suite of rooms or enclosures which are in direct connection to each other where alcohol beverages are kept, sold, or offered for sale. No license shall be issued to any person, firm, or corporation for the purpose of possessing, selling or offering for sale any alcohol beverages in any dwelling, house, flat, or residential apartment. (B) Schools The possession and/or use of intoxicating liquors or fermented malt beverages on primary and secondary public school property, is hereby prohibited. The use and possession of intoxicating liquor and fermented malt beverages is also prohibited at any public primary or secondary school sponsored event. SECTION 4-3 APPLICATION FOR LICENSE (A) Form Applications for a license to sell or deal in intoxicating liquor shall be made in writing on the form prescribed by law, and shall be sworn to by the applicant, as provided within chapter 125 of the Wisconsin Statutes, and shall be filed with the City Clerk not less than fifteen (15) days prior to the granting of such license. (B) Time for Filing All renewal applications for licenses will be issued on July 1st of any year and all original applications for such licenses to be issued on July 1st of any year shall be executed and filed with the City Clerk not later than April 15th preceding. (C) Payment of License Fee No license for the sale of alcohol beverages may be delivered to the applicant until the applicant files with the City Clerk a receipt showing payment of the prescribed license fee to the Treasurer. The applicant shall pay the prescribed license fee at least fifteen (15) days prior to the date the license is to be issued. (D) Proof of Seller's Permit Applications shall be accompanied by proof of application for or a copy of the applicant's current Wisconsin State Seller's permit. If the application is accompanied by an application for the seller's permit the license may be conditionally granted to the applicant and a copy of a current permit must be provided to the City Clerk's office prior to the issuance of the license. (E) Publication Said application shall be accompanied by the cost of the publication in the amount as provided for within chapter 125 of the Wisconsin Statutes. Prior to the granting of such license notice of the application shall be published in the official newspaper at least three (3) times successively. Such publication shall include the name and address of the applicant, and kind of license applied for, and the location of the premises to be licensed. SECTION 4-4 LICENSE INVESTIGATION AND APPROVAL (A) Investigation by Officials The City Clerk shall notify the Chief of Police, the Winnebago County Health Department, and the Chief of the Fire Department of each application, and these officials shall inspect or cause to be inspected each applicant's qualifications and the premises, together with such other investigation as shall be necessary to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances, and laws applicable thereto, including those governing sanitation in restaurants, and whether the applicant is a proper person to be the recipient of a license. The Chief of Police shall interview or cause to be interviewed the applicant for purposes of completing the Council Questionnaire. These officials shall each file with the City Clerk, the information derived from such investigation accompanied by a recommendation as to whether a license should be granted, conditionally granted or denied. If the recommendation is to conditionally grant the license, a written explanation shall be provided to the City Clerk's office who shall provide such explanation to the applicant. If the recommendation is to conditionally grant the license, based upon items noted in the investigations which are deemed reasonably correctable by the inspecting official, the City Clerk may forward the license for approval by Council and approval by the Council shall be conditioned upon correction of any violations noted in the written explanation provided to the City Clerk. If the recommendation is to deny the license, a written explanation shall be provided to the City Clerk's office who shall provide such explanation to the Council and the applicant. (B) Approval by Council The City Council may, upon the applicant's completion of all prescribed procedures, grant or conditionally grant the license. If the Council decides not to grant a new license under this Chapter, it shall notify the applicant in writing of the decision and the reason(s) i therefore pursuant to Section 125.12 of the Wisconsin Statutes: Nonrenewal of licenses shall be governed by the provisions of Section 125.12 of the Wisconsin Statutes. (C) Appearance before Council Unless notified otherwise, all applicants for the license need not appear in person before the City Council provided a completed questionnaire is presented to the Council with the requisite application. SECTION 4-5 GRANTING AND ISSUANCE OF LICENSE Opportunity shall be given by the Common Council to any person to be heard for or against the granting of any license. Upon the approval of the applicant by the Common Council, the City Clerk shall issue to the applicant a license. If a license has been conditionally approved, the City Clerk shall issue to the applicant a license only upon proof of compliance with all conditions. Each license shall be numbered in the order in which issued, and shall state the premises for which issued, the date of issuance, the fee paid, and the name of the licensee. Upon the approval of the applicant by the Common Council, the City Clerk shall issue to the applicant a license except as follows: (A) For any premises for which items were identified under section 4-4 above until all conditions have been corrected and verified by reinspection by the Department identifying the condition. (B) Unpaid Taxes, Assessments or Special Charges. 1) Premises. a) For any premises for which taxes, assessments, or special charges are delinquent and unpaid. i. This subsection 1) shall not apply to prohibit the issuance of a license for any premises if: a. the unpaid taxes, assessments or special charges were levied against the premises; and b. the license is necessary for the conduct of business on the premises by a lessee of the premises; and c. the licensee and owner have no immediate or extended family, business, or financial relationship with one another other than as landlord and tenant. b) For any premises for which a conditional approval of the granting of the license has been issued and for which written proof of fulfillment or completion of the conditions has not been provided to the City Clerk's office. 2) Persons. a) To any person who is delinquent in the payment of taxes, assessments or special charges related to the business or property for which the license or permit is sought. b) To any applicant for a Class "A" or Class "B" license who has an indebtedness for fermented malt beverages outstanding for more than 15 days or to any applicant for an intoxicating liquor or retail license or permit who has an indebtedness for intoxicating liquor outstanding for more than 30 days. c) To any person who has not provided a copy of their current State of Wisconsin Seller's Permit d) To any person for which, a conditional approval of the granting of the license has been issued and for which written proof of fulfillment or completion of the conditions has not been provided to the City Clerk's office. Upon issuance of the license, the City Clerk shall remit the license fee to the City Treasurer who shall transfer said fee to the General City Fund. The full license fee shall be charged except as specifically provided for within this ordinance or by statute. (3) Appeal. Alleged errors in the determination of non -issuance of the license based upon delinquent or unpaid taxes, assessments or special charges may be appealed to the Finance Director within 5 days of notice of the non -issuance of the license or permit. The Finance Director shall issue a notice setting forth a date and time for hearing on the matter, not less than three (3) days nor more than fifteen (15) days after the date of the notice of hearing. At the hearing, the complainant and a representative of the City may be represented by counsel, may present evidence and call and examine witnesses and cross examine witnesses of another party. Such witnesses shall be sworn or affirmed by the person conducting the hearing. The Finance Director shall act as the decision maker. If the Finance Director is unable to so act, a decision maker shall be appointed by the City Manager. A written determination shall be made directing the continued holding of the license or permit or the issuance of such license or permit. Within ten (10) days of the hearing, the written determination shall be mailed to all interested parties and shall be placed on file with the City Clerk by the decision maker. The written decision shall specify the reasons for the decision made. Within ten days of the date of posting of the written decision, any person aggrieved thereby may appeal such decision to the Common Council. Appeals shall be taken by filing a notice of appeal specifying the grounds therefor with the City Clerk. On Appeal the Finance Director or other decision maker shall forthwith transmit all papers relating to such appeal to the City Clerk. The Clerk shall give notice of the