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except that if the license holder who was revoked pursuant to Section 9.02(9)(c)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]
(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]