About Wisconsin Liquor License Regulations
Wisconsin liquor license regulations may seem convoluted and complicated, as well as nonsensical sometimes. Despite the confusing nature of the requirements, they must be followed if your business is to acquire a liquor license and keep it. You must determine if you can acquire a liquor license before purchasing business property or signing a lease agreement.
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Geography
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A main reason that liquor license regulations in Wisconsin can be so confusing is that licenses are actually issued by municipalities with their own peculiar set of circumstances. Green Bay, for instance, had an alcohol moratorium on the west side (the original Fort Howard area) for over 100 years. This was lifted in 2005, after much heated debate among area residents.
The city council or village/town board must approve the application, and local situations can easily influence this decision. A previous history of a troublesome bar, for example, will likely make it difficult for an applicant to acquire a new license, or even to renew an existing one. Area residents have the opportunity to voice their disapproval as well, which can lead to denial of a license if such a business has high potential for disrupting a residential area.
Municipalities also decide how many licenses can be issued in that particular area, based on formulas in state law related to regional population. Typically, it is very difficult to convince the governing body to create a new one. Owners of a brand-new business usually must wait until an existing license becomes available. And even then, there may be competition for that license.
Types
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There are several types of Wisconsin liquor licenses. Class A beer and Class A liquor licenses allow sales for consumption off the premises--the first type being for grocery and convenience stores and the second for grocery stores with full liquor departments or stand-alone liquor stores. Class B beer and Class B liquor licenses allow sales for consumption on or off the premises--restaurants and taverns. Class B licenses are another example of a situation where the municipality chooses whether or not to allow the sale of liquor for off-site consumption. Another type of Class B license is a temporary one designed for fairs and festivals, commonly called a "picnic license."
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Considerations
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An applicant for a Wisconsin liquor license must be at least 21 years old, have resided in Wisconsin continuously for at least the past 90 days and have acquired a seller's permit from the Department of Revenue. An extra requirement in Wisconsin is the completion of a "responsible beverage server course," typically a few hours of study at a technical college or through an online agency.
Warning
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The intended location, the type of business (restaurant, supper club, or tavern) and factors such as the business owner's history and reputation all enter into the decision-making process. If the applicant has a criminal record, the municipality will make a determination on an individual basis.
Virtually any applicant, even a long-time well-respected resident of the community, can expect objections when applying for a Wisconsin liquor license. Objections surface for many reasons, including concentration of bars and liquor-providing restaurants in a certain area, health and safety concerns and whether the owner is deemed suitable to run such a business. An applicant will probably want to consult an attorney before beginning the application process to avoid potential roadblocks that can cause financial problems and personal stress.
Renewal of an existing license is typically more streamlined, as long as the business has not caused problems in the municipality. If there have been numerous police calls or trouble in neighborhoods involving bar patrons, objections can be raised that will lead the governing body to add discussion on the issue to its meeting agenda and even schedule a public hearing for residents to express their dissatisfaction.
Time Frame
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The applicant can obtain the appropriate forms from the city, village or town clerk, as well as information about legal requirements. Once completed, the application will be published in the local newspaper to give community members a chance to object. After at least 15 days from the date of application, the licensing authority will vote whether or not to approve.
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