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Consideration of ordinance amending Chapter 6.08 and creating Chapter 6.10 of the Wauwatosa Municipal Code related to liquor licensing and cigarette and vape store licenses to conform to the provisions of the 2023 Wisconsin Act 73
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Submitted by:
Alan Kesner, City Attorney
Steven Braatz, City Clerk
Department:
City Attorney, City Clerk
A. Issue
Shall the City of Wauwatosa amend various provisions of Chapter 6.08 of the Municipal Code related to liquor licensing, and create chapter 6.10 requiring a license for cigarette and vape retailers in order to comply with provisions of 2023 Act 73?
B. Background/Options
By enacting 2023 Act 73, signed by the Governor on December 6, 2023, the legislature made a number of major changes to the laws in Wisconsin relating to liquor, wine and beer manufacturing, distilling, brewing, distribution and retailing. Many consider this to be the single largest change to these state laws since the repeal of prohibition in 1933. While the bulk of its provisions apply to state-regulated portions of the industry and operations of the Wisconsin Department of Revenue, Act 73 also made to substantive changes to local licensing requirements which require ordinance amendments in order to take effect.
The proposed ordinance is intended to make the changes required by Act 73 in order to remain compliant with state law. The local legal impacts required a complete review of the provisions of Chapter 6.08 of our ordinances, and creation of Chapter 6.10. Among the most significant changes at the local level are the following:
1. "Class C" wine license not limited to "restaurants"
2. Creation of a statewide "operator's permit" which can be valid in place of locally issued operator's permits
3. Allowing pre-mixed drinks at "Class B" establishments, including a provision for "to-go" drinks when properly sealed
4. Changes to provisions related to transfers of "Class B" licenses between municipalities
5. "No Sale Event Venue" permits (...
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