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Consideration of amendments to Section 6.08.250 of the Wauwatosa Municipal Code related to provisional retail alcohol licenses
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Submitted by:
Zach Kessler, Director of Municipal Services
Department:
Department of Municipal Services
A. Issue
Wisconsin Statute 125.185 and Wauwatosa Municipal Code Section 6.08.250 outline the conditions for the issuance of a provisional retail alcohol license. A provisional retail license is a temporary alcohol license that authorizes the activities that the type of retail license applied for authorizes. For example, if a business applies for a Class “B” beer license, the City can issue a provisional Class “B” beer license for on-premise consumption of fermented malt beverages.
Provisional retail licenses are valid for up to 60 days or until a full retail license is issued to the holder, whichever is sooner. Provisional licenses may only be issued to an entity that has applied for a full retail alcohol license.
Provisional licenses are typically issued to an applicant who is open for business but is awaiting final Council approval, or between May 1 and June 30, where it would be impractical to have a full retail license issued for less than 60 days before renewing for the next licensing period.
B. Background/Options
Section 6.08.250 of the Wauwatosa Municipal Code delegates the authority to issue provisional retail licenses to the City Clerk and outlines several conditions.
This section of the code was originally adopted in 1989 and last updated in 2013. There are several instances in the section, as currently written, that make references to other sections of Chapter 6.08 that no longer exist. As a result, it is necessary to make several administrative updates.
In addition to those fixes, staff are proposing several updates to mirror the language of state statute, and add specificity and additional detail to the process. Key changes include:
• Clarification on the circumstances when the City Clerk may issue a provisional retail license
• Additional detail on applicant requirements to be issued a provisional retail license
• Addition of a note about non-transferability
• Clarification on conditions for revocation of a provisional retail license after issuance
C. Fiscal Impact
None at this time. During the 2027 budget process, staff will propose adding a provisional retail license fee within the consolidated fee schedule.
D. Recommendation
I recommend the Committee review the proposed ordinance and recommend adoption of the changes to the full Council.