Resize:

City of West Allis, WI
Thursday, March 21, 2019

Chapter 9. Business and Occupations

9.01. Number of Licenses.

[Ord. 6337, 10/7/1997; 6406, (repeal & recreate), 11/17/1998]
(1) 
Class A Licenses. The number of Class A licenses, whether for intoxicating liquor, fermented malt beverages, or both, to be granted or issued by the Common Council shall be limited to thirty (30).
[Ord. O-2016-0047, 10/18/2016]
(2) 
Class B Licenses.
(a) 
Fermented Malt Beverages. The number of fermented malt beverage only licenses to be granted or issued by the Common Council shall be limited to ten (10) and shall only be issued to a qualified person for a restaurant in which the sale of alcohol beverages accounts for less than fifty percent of gross receipts and which does not have a barroom as defined in § 125.51(3m)(a), Wis. Stats. The number of fermented malt beverage licenses issued in combination with intoxicating liquor licenses shall be equal to the limit on Class B intoxicating liquor licenses.
(b) 
Intoxicating Liquor. The quota for intoxicating liquor licenses to be granted or issued by the Common Council shall be limited to one hundred twenty (120).
[Ord. O-2006-0004, 2/7/2006; Ord. O-2009-0032, 11/3/2009; Ord. O-2012-0013, 5/15/2012]
(3) 
Continuity of Licenses.
[Ord. 6455, amend S. 9.01(3)(a)(b), 8/3/1999]
(a) 
Notwithstanding the provisions of Subsections (1) and (2) establishing limits on the number of licenses to be granted or issued, all licenses lawfully issued and in force in the City upon the effective date of this ordinance are valid and may be renewed, but the Common Council shall not issue any new Class A or B licenses until the total number of licenses is less than the quotas established in this section.
(b) 
Notwithstanding the provisions of Subsections (1) and (2), a premises which has an existing Class A or B license will remain eligible for any person, partnership or corporation who has the right to control of the premises to apply for a new license for ninety (90) days after said existing license is surrendered to the City, expires and is not renewed by the licensee, or is revoked pursuant to Section 9.02(9)(c) of the West Allis Revised Municipal Code except that if the license holder who was revoked pursuant to Section 9.02(9)(c) is the owner of the premises, then this provision shall not apply and the license shall terminate. A license that is revoked for any other reason shall be subject to the quota provisions set forth in this section.
[Ord. O-2017-0041, 10/3/2017]
(4) 
Exceeding Quota. Notwithstanding the provisions of Subsections (1) and (2), the Common Council may, by a majority vote, grant or issue new licenses in excess of the quota.
[Ord. O-2003-0026, 3/4/2003; Ord. O-2006-0004, 2/7/2006]
(5) 
Hearing Required to Exceed Quota. Prior to a vote to exceed a quota established in this section, a public hearing before the Common Council shall be held to afford the applicant and any interested persons to comment on the proposed establishment.
[Ord. 6619, 7/1/2002; Ord. O-2006-0004, 2/7/2006]