Alcohol Licensing and Policy in Alcohol Licensing and Policy in Wisconsin—The BasicsWisconsin—The Basics

Attorney Nina J. Emerson

There is no right to an There is no right to an alcohol license in alcohol license in Wisconsin. Wisconsin.

Ch. 125 Alcohol Beverage LawsCh. 125 Alcohol Beverage Laws

Defined by state Defined by state statutestatute

Controlled on a Controlled on a local basislocal basis

Liquor licenses Liquor licenses issued by the issued by the municipality, municipality, typically, the City typically, the City ClerkClerk

State StatutesState Statutes http://www.legis.state.wi.us/rsb/stats.htmlhttp://www.legis.state.wi.us/rsb/stats.html

Municipalities Rule!Municipalities Rule!

When it comes When it comes to licensing to licensing liquor, liquor, YOU YOU RULERULE

Municipality runs Municipality runs the showthe show

You make the You make the rulesrules

OrdinancesOrdinances

http://wilawlibrary.gov/topics/ordinances.phphttp://wilawlibrary.gov/topics/ordinances.php

Sec. 125.10 Municipal Sec. 125.10 Municipal regulationregulation

Any municipality may enact regulations Any municipality may enact regulations incorporating any part of this chapter and incorporating any part of this chapter and may prescribe additional regulationsmay prescribe additional regulations for for the sale of alcohol beverages, not in the sale of alcohol beverages, not in conflict with this chapter. The municipality conflict with this chapter. The municipality may prescribe forfeitures or license may prescribe forfeitures or license suspension or revocation for violations of suspension or revocation for violations of any such regulations. Regulations any such regulations. Regulations providing forfeitures or license suspension providing forfeitures or license suspension or revocation must be adopted by or revocation must be adopted by ordinance.ordinance.

Sec. 6-81. State law adoptedSec. 6-81. State law adopted

The provisions of Wis. The provisions of Wis. Stats. Ch. 125 and all Stats. Ch. 125 and all acts amendatory thereof acts amendatory thereof and supplementary and supplementary thereto, relating to the thereto, relating to the sale of intoxicating sale of intoxicating liquors, are adopted as a liquors, are adopted as a portion of this article, so portion of this article, so far as applicable to the far as applicable to the city, except as otherwise city, except as otherwise provided by ordinance.provided by ordinance.

LICENSINGLICENSING

LICENSE -- LICENSE -- A license is a A license is a privilegeprivilege granted by granted by locallocal authoritiesauthorities (city, village (city, village or township) to run a particular place for a or township) to run a particular place for a particular time periodparticular time period..

•may “extend” premises with approval of governing body may “extend” premises with approval of governing body onlyonly

LICENSING LICENSING

An alcohol license, like a drivers An alcohol license, like a drivers license, can only be used by the license, can only be used by the person to whom it is issued.person to whom it is issued.

A municipality may refuse to issue A municipality may refuse to issue licenses as long as it uses good licenses as long as it uses good judgment and doesn’t discriminate.judgment and doesn’t discriminate.

LICENSINGLICENSINGState law 139.08(4) provides that licensed premises are subject to inspection at “all reasonable hours”

-inspection may include books, papers and records

-refusal to permit inspection may result in suspension or revocation of license.

-inspection may be conducted by DOR, DOJ, sheriff, police, marshal or constables.

LICENSINGLICENSING

Individual or PartnershipIndividual or Partnership -- -- John Doe or John Doe or John & Jane Doe (Actual persons)John & Jane Doe (Actual persons)

CorporationCorporation -- -- ABC Corporation (Must ABC Corporation (Must appoint appoint an “Agent”: Real person who is an “Agent”: Real person who is responsible)responsible)

Limited Liability CompanyLimited Liability Company -- -- ABC LLC ABC LLC (Must also appoint an “Agent”)(Must also appoint an “Agent”)

TYPES OF ALCOHOL LICENSESTYPES OF ALCOHOL LICENSES

Class AClass A -- “away” -- “away” Sale for consumption off premises. Sale for consumption off premises.

• Current law allows a Class A to permit wine Current law allows a Class A to permit wine and beer samplingand beer sampling

Class BClass B -- -- “bar” “bar” Sale for consumption on premises or off Sale for consumption on premises or off

premises. premises. ((Any sale to go off premise must be in the Any sale to go off premise must be in the

original, unopened container)original, unopened container)

Liquor LicensesLiquor Licenses

Class A can be for beer only, liquor Class A can be for beer only, liquor only or a combination of both. only or a combination of both.

Class B liquor only may not be issuedClass B liquor only may not be issued

TYPES OF ALCOHOL TYPES OF ALCOHOL LICENSESLICENSES

Class CClass C -- allows -- allows restaurants to sell restaurants to sell wine onlywine only..

Temporary Temporary Licenses Licenses allows allows bona fide clubs to bona fide clubs to sell beer or wine at sell beer or wine at short duration short duration gatherings.gatherings.

““Picnic Licenses”Picnic Licenses”

State Statutes = Minimum StandardsState Statutes = Minimum Standards

Municipalities Municipalities maymay adopt additional criteria adopt additional criteria not in conflict with state law.not in conflict with state law. e.g., No licensed establishments e.g., No licensed establishments within within 1,000 feet of school or park.1,000 feet of school or park.

A municipality A municipality maymay refuse to issue or grant refuse to issue or grant license for any reason that is not license for any reason that is not discriminatory or arbitrary and provided in discriminatory or arbitrary and provided in writing to the applicant.writing to the applicant.

e.g., We don’t need another bar in e.g., We don’t need another bar in Ourtown, Wisconsin. Ourtown, Wisconsin.

Application ProcessApplication Process

State Required StepsState Required Steps::

1.1. Sworn application form filed Sworn application form filed w/city clerk at least 15 days in w/city clerk at least 15 days in advance.advance.

2.2. Municipal publication of Municipal publication of application information in local application information in local newspaper.newspaper.

3.3. Vote by municipal governing Vote by municipal governing body.body.

Municipalities may require moreMunicipalities may require more

www.cityofmadison.com/clerk Supplemental Class A License Supplemental Class A License

ApplicationApplication Supplemental Class B License Supplemental Class B License

ApplicationApplication Must contact the Alder, Neighborhood Must contact the Alder, Neighborhood

Association & Police Department Association & Police Department Sector prior to the ALRC meetingSector prior to the ALRC meeting

There is no right to an There is no right to an alcohol license in alcohol license in Wisconsin. Wisconsin.

Alcohol License QuotasAlcohol License Quotas

Wisconsin imposes a quota on the number Wisconsin imposes a quota on the number of Class B (taverns, bars restaurants of Class B (taverns, bars restaurants licensed to sell both fermented malt licensed to sell both fermented malt beverages and distilled spirits for on-beverages and distilled spirits for on-premises consumption) in each municipality premises consumption) in each municipality based on population.based on population.

There is There is no state quota no state quota on the number of on the number of types of retailers selling alcohol for off-types of retailers selling alcohol for off-premises consumption: grocery stores, gas premises consumption: grocery stores, gas stations and other retailers.stations and other retailers.

Alcohol License QuotasAlcohol License Quotas There is no state There is no state

quota on the number quota on the number of establishments of establishments licensed to sell and licensed to sell and serve only beer and serve only beer and wine.wine.

A municipality may A municipality may impose more impose more restrictive limits on restrictive limits on the number or type of the number or type of alcohol outlets than alcohol outlets than the state does. the state does.

OPERATOR’S LICENSESOPERATOR’S LICENSES

Every licensed Every licensed premises must have premises must have on the premises in on the premises in the sales the sales someone someone with an operator’s with an operator’s license or license or privilegeprivilege of an operator’s of an operator’s license area.license area.

Who has a privilege of an Who has a privilege of an operator’s license? operator’s license?

.. LicenseeLicensee Immediate Immediate

family of the family of the licenseelicensee

OPERATOR’S LICENSESOPERATOR’S LICENSES A premises licensed to A premises licensed to

sell alcohol sell alcohol may notmay not be be open for businessopen for business without a licensed without a licensed operator being present.operator being present.

• Only ExceptionOnly Exception: Class A beer : Class A beer license, during hours when alcohol license, during hours when alcohol sales prohibited by law.sales prohibited by law.

OPERATOR’S LICENSESOPERATOR’S LICENSES

Anyone serving alcohol must Anyone serving alcohol must have an operator’s license or have an operator’s license or privilege of oneprivilege of one

OR OR Be under immediate visual Be under immediate visual

supervision of someone who supervision of someone who does have one.does have one.

OPERATOR’S LICENSESOPERATOR’S LICENSES

• A person must be A person must be at least 18 years oldat least 18 years old to sell or serve alcoholto sell or serve alcohol

• An Operator’s License is valid An Operator’s License is valid onlyonly withinwithin the the municipality where issuedmunicipality where issued

--can be used anywhere in that --can be used anywhere in that municipalitymunicipality

Community Criteria for OperatorsCommunity Criteria for Operators

Communities can establish specific Communities can establish specific internal criteria for operators, not in internal criteria for operators, not in conflict with state statute.conflict with state statute.

Most communities conduct Most communities conduct background checks prior to issuing background checks prior to issuing operators’ permits.operators’ permits.

MUNICIPAL REGULATIONMUNICIPAL REGULATION

Statute 125.10 authorizes municipalities to enact additionalregulations for the sale of alcohol so long as they are not in conflict with Ch.125.

Municipalities may also prescribe forfeitures or license suspensions or revocations for violations of any such enacted regulations.

HOURS OF SALEHOURS OF SALE- Class A’s….. may not sell:

Beer Midnight to 8:00amLiquor 9:00pm to 8:00am

- Municipalities MAY impose MORE restrictive hours

- Municipalities MAY NOT impose LESS restrictive hours

- Class B’s…... may not sell: Beer & Liquor 2:00am - 6:00am Monday - Friday Beer & Liquor 2:30am - 6:00am Sat. & Sun.

-To-go sales must cease at 12:00am (Sale v Carry out)

- Municipalities MAY impose MORE restrictive carryout hours

Sec. 125.07(2)Sec. 125.07(2) No person may sell, No person may sell,

dispense or give dispense or give away alcohol to an away alcohol to an intoxicated personintoxicated person

No licensee may No licensee may sell, vend, deal or sell, vend, deal or traffic in alcohol to traffic in alcohol to an intoxicated an intoxicated personperson

PenaltiesPenalties

Fined not less Fined not less than $100 nor than $100 nor more than $500more than $500

Or imprisoned Or imprisoned for not more for not more than 60 days than 60 days or or bothboth

REVOCATION/SUSPENSION REVOCATION/SUSPENSION PROCESSPROCESS [Sec. 125.12]

Initiated by a sworn written complaint by any resident of the municipality, including municipal officials with municipal clerk:

Alleges one or more of the following :1. Violated Chapter 125 or municipal regulations adopting 2. Disorderly or riotous, indecent or improper house

3. Sold or given away alcohol to known habitual drunkards

4. Person does not possess the qualifications to hold license

5. Controlled substance violations

Sec. 125.12(3)Sec. 125.12(3)

Nonrenewable requires the same Nonrenewable requires the same steps as suspension or revocation. steps as suspension or revocation.

Revocation, non-renewal and Revocation, non-renewal and suspension can be expensive and suspension can be expensive and time consuming. time consuming.

Municipal criteria consistently Municipal criteria consistently applied to prevent problems later. applied to prevent problems later.

REVOCATION/SUSPENSION REVOCATION/SUSPENSION PROCESSPROCESS

After complaint filed; summons issued to appearAfter complaint filed; summons issued to appear Licensee must appear before issuing bodyLicensee must appear before issuing body If licensee does not appear, license shall be revokedIf licensee does not appear, license shall be revoked If licensee appears, hearing is heldIf licensee appears, hearing is held If complaint is If complaint is TRUETRUE, license shall be suspended not less than 10 days nor more than 90 days or , license shall be suspended not less than 10 days nor more than 90 days or

revokedrevoked

Hearing Procedure Hearing Procedure If the licensee appears & denies the If the licensee appears & denies the

complaint,complaint, Both complainant and licensee Both complainant and licensee maymay

produce witnesses, cross-examine produce witnesses, cross-examine witnesses and be represented by witnesses and be represented by counselcounsel

A written transcript is provided licensee A written transcript is provided licensee at his or her expenseat his or her expense

Check your local ordinance for Check your local ordinance for procedure--if none, state statute controlsprocedure--if none, state statute controls

License Transfers License Transfers Changes in LocationChanges in Location

Licenses are transferred when the Licenses are transferred when the location location changes. changes.

When the ownership changes it is When the ownership changes it is processed as if it was a processed as if it was a newnew license, license, although quota or density issues may although quota or density issues may not be applicable for an existing not be applicable for an existing establishment.establishment.

Parental ExceptionParental Exception Sec. 125.07(1)(a) An underage person An underage person

may legally be may legally be served alcohol served alcohol providedprovided

Accompanied by his Accompanied by his or her parent, or her parent, guardian or spouse guardian or spouse who has attained who has attained the legal drinking the legal drinking ageage

RETAINING PROOFS OF AGERETAINING PROOFS OF AGE

A retailer may retain a document A retailer may retain a document presented as proof of age for a presented as proof of age for a “reasonable length of time” in a“reasonable length of time” in a

good faith effort to determine whether good faith effort to determine whether the person who presented the document the person who presented the document is underage, is underage,

OR……... OR……...

RETAINING PROOFS OF AGERETAINING PROOFS OF AGE

A retailer may retain a proof of age to A retailer may retain a proof of age to notify a law enforcement authority of a notify a law enforcement authority of a suspected violation of fake ID laws.suspected violation of fake ID laws.

Who can alcohol be sold to?

-If in doubt, a sale does NOT have to be made!

-Alcohol may be sold to an underage person who is accompanied by a parent, guardian

or spouse of legal drinking age.

- An ID Register is another safeguard.

What can be sold?

NON-ALCOHOL BEERS

Products such as O’Douls, Sharps and others are not considered alcohol beverages under Wisconsin Law.

They may be sold to anyone.

MORE ALCOHOL LAWS…MORE ALCOHOL LAWS…

No person may “sell” alcohol without No person may “sell” alcohol without holding the appropriate license.holding the appropriate license.

No person may “give away” alcohol No person may “give away” alcohol to evade any law relating to the sale to evade any law relating to the sale of alcohol.of alcohol.

MORE ALCOHOL LAWS….

•Wisconsin law defines “sale” or “sell” to include ANY TRANSFER of alcohol or any shift, scheme, device or transaction to obtain alcohol beverages.

(Buying a cup, buying the mix, trespass fee)

SELL = DISPENSE

Sale without licenseSale without license

Sec. 125.66(1)Sec. 125.66(1) No person may sell or possess with No person may sell or possess with

intent to sell intoxicating liquor intent to sell intoxicating liquor unless that person holds the unless that person holds the appropriate license or permitappropriate license or permit

Whoever violates this subsection Whoever violates this subsection may be fined not more than $10,000 may be fined not more than $10,000 or imprisoned for not more than 9 or imprisoned for not more than 9 months or both.months or both.

Yappy HourYappy Hour

Evading provisions of law by giving Evading provisions of law by giving away intoxicating liquoraway intoxicating liquor

Sec. 125.67Sec. 125.67 No person may give away intoxicating No person may give away intoxicating

liquor or use any other means to evade liquor or use any other means to evade any law of this state relating to the sale of any law of this state relating to the sale of intoxicating liquor.intoxicating liquor.

Whoever violates this subsection may be Whoever violates this subsection may be fined not more than $10,000 or imprisoned fined not more than $10,000 or imprisoned for not more than 9 months or both.for not more than 9 months or both.

NUISANCE STATUTE NUISANCE STATUTE 125.14(5)125.14(5)

Any building or place where alcohol beverages are sold/stored/ possessed without a valid permit or license or where persons are permitted to drink alcohol beverages in violation of alcohol laws is deemed a public nuisance,

and may be closed until the activity in violation is abated.

““BAR CHECKS”BAR CHECKS”

Police may enter a licensed premise during Police may enter a licensed premise during all “reasonable hours” to inspect books, all “reasonable hours” to inspect books, papers, records & look for alcohol papers, records & look for alcohol violations.violations.

Refusal = grounds for license revocationRefusal = grounds for license revocation License must be on display: framed & License must be on display: framed &

posted posted Licensed operators must be presentLicensed operators must be present Any criminal activity “in plain view” is fair Any criminal activity “in plain view” is fair

game game

ID REGISTERS

Sec. 125.07(7) provides that every retail alcohol licensee MAY keep a book for the purpose of defense of proof of age.

(Was formerly required; no longer is)May be used to record any suspect documentary proof of age

May be used to document any person alleging to be a parent, spouse or guardian of an underage person

IS NOT INTENDED AS A SUBSTITUTE FOR PROOF OF AGE!

Residents Rule!Residents Rule!

Any resident of a Any resident of a municipality issuing municipality issuing liquor licensesliquor licenses

May file a sworn May file a sworn complaint w/city clerkcomplaint w/city clerk

Alleging one or more Alleging one or more violations of Ch. 125violations of Ch. 125

Seeking license Seeking license revocation or revocation or suspensionsuspension

Sec. 125.12(2) AllegationsSec. 125.12(2) Allegations

The person (w/the The person (w/the liquor license) liquor license) violated violated this chapter or this chapter or ordinance violations ordinance violations adopted under 125.10adopted under 125.10

The person keeps or The person keeps or maintains a disorderly maintains a disorderly or riotous, indecent or or riotous, indecent or improper houseimproper house

Sec. 125.12(2)Sec. 125.12(2)

The person has The person has sold or given away sold or given away alcohol to known alcohol to known habitual drunkardshabitual drunkards

The person does The person does not possess the not possess the qualifications qualifications required under ch. required under ch. 125 to hold a 125 to hold a licenselicense

Sec. 125.12(2)5Sec. 125.12(2)5

The person has been convicted of The person has been convicted of manufacturing, distributing or manufacturing, distributing or delivering a controlled substance or delivering a controlled substance or controlled substance analog under s. controlled substance analog under s. 961.41(1); of possessing, with intent 961.41(1); of possessing, with intent to manufacture, distribute or deliver, to manufacture, distribute or deliver, a controlled substance…under a a controlled substance…under a substantially similar federal law or a substantially similar federal law or a law of another statelaw of another state

Sec. 125.12(2)5mSec. 125.12(2)5m

The person has been The person has been convicted of possessing convicted of possessing any of the materials any of the materials listed in s. 961.65 with listed in s. 961.65 with intent to manufacture intent to manufacture methamphetamine methamphetamine under that subsection or under that subsection or under a federal law or a under a federal law or a law of another state that law of another state that is substantially similar to is substantially similar to s. 961.65s. 961.65

Sec. 125.12(2)6Sec. 125.12(2)6

The person knowingly allows another The person knowingly allows another person, who is on the premises for person, who is on the premises for which the license under this chapter which the license under this chapter is issued, to possess, with intent to is issued, to possess, with intent to manufacture, distribute or deliver, or manufacture, distribute or deliver, or to manufacture, distribute or deliver to manufacture, distribute or deliver a controlled substance or controlled a controlled substance or controlled substance analog.substance analog.

Sec. 125.12(2)6mSec. 125.12(2)6m

The person knowingly The person knowingly allows another person, allows another person, who is on the premises for who is on the premises for which the license under which the license under this chapter is issued, to this chapter is issued, to possess any of the possess any of the materials listed in s. materials listed in s. 961.65 with intent to 961.65 with intent to manufacture manufacture methamphetaminemethamphetamine

Real ExamplesReal Examples

Jocko’s Rocket ShipJocko’s Rocket Ship

Secretly Secretly operated as operated as a drug house for over a drug house for over a decadea decade

Owner Robert Schuh Owner Robert Schuh was convicted of was convicted of maintaining a drug maintaining a drug house b/c hehouse b/c he

Allowed dealers to Allowed dealers to sell drugs at Jocko’ssell drugs at Jocko’s

Jocko’s Rocket ShipJocko’s Rocket Ship

Schuh surrendered Schuh surrendered Jocko’s liquor Jocko’s liquor license (or let it license (or let it expire)expire)

Federal narcotics Federal narcotics investigation also investigation also involved 7 involved 7 firefighters, never firefighters, never criminally chargedcriminally charged

Blue Velvet LoungeBlue Velvet Lounge

Blue Velvet applied Blue Velvet applied for and was for and was granted a liquor granted a liquor license in Aug 2000license in Aug 2000

Same year Jocko’s Same year Jocko’s liquor license was liquor license was surrenderedsurrendered

City Atty was City Atty was “happy to see it “happy to see it closed.”closed.”

““Excessively Loud Music”Excessively Loud Music”

Resident called Resident called police to report police to report “excessively loud “excessively loud music” coming from music” coming from the American Legion the American Legion at 11:30 p.m.at 11:30 p.m.

Concerned about Concerned about the large size of the the large size of the gatheringgathering

Later that same night…Later that same night…

Intoxicated Intoxicated individual was individual was ringing the doorbell ringing the doorbell of the resident who of the resident who made the noise made the noise complaintcomplaint

3:00 a.m. call to 3:00 a.m. call to police to respond—police to respond—person taken into person taken into custodycustody

Just read sec.125.12Just read sec.125.12

Contacted City Contacted City Clerk & Police ChiefClerk & Police Chief

Followed w/an Followed w/an email describing email describing history of problemshistory of problems

Itemized concerns Itemized concerns & requested & requested specific actionsspecific actions

Filed a sworn Filed a sworn written complaint written complaint

The OutcomeThe Outcome

American Legion American Legion kept its liquor kept its liquor license with the license with the provision that it not provision that it not have activities that have activities that impede with impede with residentsresidents

““So far so good!”So far so good!”

The ProcedureThe Procedure

Summons will be issued by the City Summons will be issued by the City Clerk to the licensee to appear Clerk to the licensee to appear before the municipal authoritybefore the municipal authority

Not less than 3 days nor more than Not less than 3 days nor more than 10 days from the date of issuance10 days from the date of issuance

To show cause why the license To show cause why the license should not be revoked or suspendedshould not be revoked or suspended

Procedure on HearingProcedure on Hearing

If licensee does not If licensee does not appear, the appear, the allegations will be allegations will be taken as truetaken as true

If the governing If the governing body finds the body finds the allegations allegations sufficient,sufficient,

License will be License will be revokedrevoked

Procedure on HearingProcedure on Hearing If licensee appears & denies the If licensee appears & denies the

allegations, both complainant & allegations, both complainant & licensee may produce witnesses & be licensee may produce witnesses & be represented by counselrepresented by counsel

A transcript will be provided to A transcript will be provided to licensee at expenselicensee at expense

If governing body finds complaint If governing body finds complaint true, license will be suspended or true, license will be suspended or revoked (≤ 10 days or ≥ 90 days)revoked (≤ 10 days or ≥ 90 days)

Procedure on HearingProcedure on Hearing

If hearing before a committee, it will If hearing before a committee, it will submit a report to city council withsubmit a report to city council with

Findings of fact, conclusions of law & Findings of fact, conclusions of law & recommendations for actionrecommendations for action

Complainant & licensee may file an Complainant & licensee may file an objection w/opportunity to present objection w/opportunity to present argumentsarguments

If city council finds the complaint to be If city council finds the complaint to be true, the license shall be suspended or true, the license shall be suspended or revokedrevoked

If complaint found untrueIf complaint found untrue

Proceeding shall be dismissed w/out Proceeding shall be dismissed w/out cost to the accusedcost to the accused

If the complaint is found to be If the complaint is found to be malicious & without probable cause, malicious & without probable cause, costs shall be paid by complainantcosts shall be paid by complainant

Municipal governing body may Municipal governing body may require complainant to provide require complainant to provide security for costs before issuing security for costs before issuing summonssummons

Right to Judicial ReviewRight to Judicial Review

Municipality’s action Municipality’s action may be reviewed in may be reviewed in circuit court uponcircuit court upon

Application of the Application of the applicant, licensee or applicant, licensee or residentresident

Pleadings shall be Pleadings shall be served, respondent served, respondent has 20 days to replyhas 20 days to reply

Judicial ReviewJudicial Review Matter will be Matter will be

heard w/in 5 days heard w/in 5 days of an answer being of an answer being filedfiled

Hearing before ct Hearing before ct without a jurywithout a jury

Subpoenas for Subpoenas for witnesses issuedwitnesses issued

Ct decision to be Ct decision to be made w/in 10 daysmade w/in 10 days

Nowell v. City of WausauNowell v. City of Wausau2012 WI App 1002012 WI App 100

Wausau wanted to Wausau wanted to non-renew IC non-renew IC Willy’s licenseWilly’s license

51 police calls in 8 51 police calls in 8 months cited as months cited as justificationjustification

Willy’s requested a Willy’s requested a hearinghearing

City did not renewCity did not renew

Nowell v. City of WausauNowell v. City of Wausau2012 WI App 1002012 WI App 100

Willy’s sought judicial reviewWilly’s sought judicial review Court decided the matter on the recordCourt decided the matter on the record Willy’s appealed requesting de novo Willy’s appealed requesting de novo

reviewreview Ct. App. held that the statute requires a Ct. App. held that the statute requires a

circuit court to independently determine circuit court to independently determine whether a licensee is entitled to renewal whether a licensee is entitled to renewal

Nowell v. City of WausauNowell v. City of Wausau2012 WI App 1002012 WI App 100

Ct reasoned:Ct reasoned: ““Licensing can Licensing can

become a ‘hot become a ‘hot potato,’ pitting potato,’ pitting certain segments certain segments of a community of a community against tavern against tavern owners with little owners with little political clout.”political clout.”

Wisconsin Supreme Court Wisconsin Supreme Court accepted reviewaccepted review

Oral argument Oral argument 9/18/20139/18/2013

IssueIssue: whether : whether judicial review of a judicial review of a city’s decision to city’s decision to revoke a license is revoke a license is de novo or by de novo or by certiorari review of certiorari review of the recordthe record

Complaint Starts the ProcessComplaint Starts the Process

May be resolved by May be resolved by agreement of the agreement of the partiesparties

Stipulation to the Stipulation to the allegations and allegations and license suspensionlicense suspension

Based on Based on improvements to improvements to the premisesthe premises

Check Your Local OrdinancesCheck Your Local Ordinances

Process may Process may differ by differ by municipalitymunicipality

Find out what Find out what your city your city requires before requires before proceedingproceeding

Start the Start the conversationconversation

Additional InformationAdditional Information

Roger JohnsonRoger Johnson WI Alcohol & Tobacco WI Alcohol & Tobacco

Enforcement SectionEnforcement Section Roger.Johnson@revenue.wi.gov 608-266-6757608-266-6757