Madison, WI Header
File #: 16435    Version: 1 Name: Chapter 38 minor changes
Type: Ordinance Status: Passed
File created: 10/27/2009 In control: ALCOHOL LICENSE REVIEW COMMITTEE
On agenda: 12/8/2009 Final action: 12/15/2009
Enactment date: 12/31/2009 Enactment #: ORD-09-00169
Title: Repealing Section 38.05(6)(b); creating Sec. 38.07(15); and amending Sec.38.10(2) of the Madison General Ordinances to repeal obsolete language regarding non-alcohol licenses, clarifying that a search warrant may be obtained for unlicensed beer sellers and adopting the State law, which already applies to the City, requiring that retail alcohol sales occur face-to-face at the licensed premises.
Sponsors: Michael E. Verveer, Michael Schumacher
Fiscal Note
No fiscal impact is anticipated.
Title
Repealing Section 38.05(6)(b); creating Sec. 38.07(15); and amending Sec.38.10(2) of the Madison General Ordinances to repeal obsolete language regarding non-alcohol licenses, clarifying that a search warrant may be obtained for unlicensed beer sellers and adopting the State law, which already applies to the City, requiring that retail alcohol sales occur face-to-face at the licensed premises.
Body
DRAFTER'S ANALYSIS: This proposal makes minor changes in Chapter 38, repealing obsolete language regarding the date non-alcohol licenses expire, clarifying that a warrant may be obtained for unlicensed beer sellers along with liquor sellers and adopting the State law, which already applies to the City, requiring that retail alcohol sales occur face-to-face at the licensed premises.
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The Common Council of the City of Madison does hereby ordain as follows:
1. Subdivision (b) entitled “Other Permits” of Subsection (6) entitled “Expiration Dates” of Section 38.05 entitled “General Licensing Requirements” of the Madison General Ordinances is hereby repealed.
2. Subsection (15) entitled “Face-to-Face Retail Sales” of Section 38.07 entitled “General Restrictions” of the Madison General Ordinances is created to read as follows:
“(15) Face-to-face retail sales Except as provided in Sec. 125.26(2m), 125.26(2s), 125.51(3)(bm) and 125.51(bs) Wis. Stats., and except with respect to caterers, a retail alcohol license issued under this chapter authorizes only face-to-face sales to consumers at the premises described in the retail license.”
3. Subsection (2) entitled “Search Warrants” of Section 38.10 entitled “Revocation, Suspension or Nonrenewal of License” of the Madison General Ordinances is amended to read as follows:
“(2) Search Warrants.
(a) When complaint shall be made to the judge of the Circuit Court that intoxicating liquor isalcohol...

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