Alcohol License Guidelines & Conditions: Simple Tools with BIG Impact Julia Sherman Wisconsin Alcohol Policy Project

What Are We Talking About? Names vary by locality Universal License Guidelines: A set of standards that is applied to every alcohol license application moving forward. They may be numerical, narrative or both. They may be waived, amended or repealed. Selected Alcohol License Conditions: Applied individually at the time the license is awarded or later by agreement. Frequently address very narrow or local issues. Violation of the license conditions can be sanctioned.

Alcohol License Guidelines Procedural, substantive or both. Some documents include general guidelines plus specific requirements that are applied as a unit. Can be amended to add new criteria, add community-wide limits.

Establish the Purpose- Appleton Did:

Criteria for Awarding a License a) The character of the applicant, agent, managerial personnel and owners. b)The experience of the applicant and manager in operating licensed establishments. c)The history of the premises to be licensed. d)The design, type and size of the proposed establishment. e)Proximity to other licensed establishments. f)Proximity to residential buildings or areas. g)Ability of the police department to ensure public safety at the location. h)The condition of the building and premises. i)The compatibility of the proposed use with the surrounding neighborhood. j)Zoning and land use considerations. k)Likely impact on property values. l)Any other relevant considerations. Village of Oregon

Guidelines: How Green Bay Evaluates the Business Plan All applications shall include a business plan defining all aspects of the business to be operated in conjunction with the liquor license. In reviewing the business plan, the Council shall give consideration to following criteria: a. The applicant’s and manager’s experience and capabilities in operating a licensed establishment; b. The design, type and size of the proposed establishment, including such operation details as security in and outside the establishment; noise, crowd and parking lot control methods; c. Availability of parking; d. Proximity to other licensed establishments, residential areas, schools or other licensed activities within the City; e. Ability or inability of the police to provide law enforcement services to the new establishment and the impact of the new establishment on the ability of the police to provide law enforcement services to the balance of the community at all times; f. Impact on surrounding neighbors and businesses due to, among other things, increased traffic, noise and litter.

Guidelines: Distance Between Outlets Prevents clustering. Limits the total number of outlets. Not retroactive. “Except as expressly authorized in this subsection, no Class A license shall be granted for or transferred to any premises located within 1,056 feet of another premises for which a Class A license has been issued. The distance shall be measured from the two points at which the property lines of the two premises are closest. “

What’s Up with Taco Bell? Does Madison’s settlement with Taco Bell change state law? No, no & NO!

Why add alcohol license conditions? Because promises aren’t binding and conditions are enforceable. Some issues are important but so narrow an ordinance is not necessary or appropriate.

License Conditions Conditions can be created to address specific issue or situation. Can be appended to any type of alcohol license when it is awarded or later upon agreement.

Sometimes Guidelines Resemble Conditions No Class A or Class B license shall be issued or renewed unless the applicant has demonstrated to the Village that it has adopted a policy relating to responsible alcohol sales and service that meets the following minimum standards: a. Restricts employees from consuming alcohol while working. b. Requires at least one licensed operator on the premises whenever alcohol is sold or served. c. Limits the number of alcoholic beverages that one individual may purchase at a time. d. Requires that service be refused to any customer who cannot produce a valid ID. e. Requires checking the ID of everyone who attempts to purchase or sample alcohol and appears to be under 30 years of age. f. Requires that when selling pitchers, an ID is requested from everyone who is receiving a glass. g. Requires the use of pre-printed age charts as a quick way to determine age. h. Requires that when a customer has been cut off by a server, the server must inform all other servers. i. Requires that servers be trained on the signs of intoxication and encourages termination of sales to anyone who exhibits those signs. j. Does not allow customers to buy drinks for individuals who are not the Designated Driver Program. l. Discourages overcrowding. m. Requires training employees to look for bad behavior. Does not permit loud, unpleasant, or obnoxious behavior or illicit drug sales. n. Encourages employees to maintain a close, cooperative, and working relationship with the police department. o. Requires training employees to properly read the various Wisconsin State IDs. Provides each employee with "The F.A.B. ID Check" flyer produced by the Wisconsin Department of Transportation.

Green Bay calls them “stipulations” everyone agrees to…………………….. No all you can drink, fixed price time limited specials No alcohol provided on the “Do Not Sell” list Use of a ID scanner that records the date and time each ID is used Operational video system that records all activities 14-day retention of all video recordings Video recording will be provided to the police within 5 days upon request No outdoor amplified music Outdoor areas are illuminated The licensee will accept citations mailed through the USPS. The licensee or any employee is prohibited from being under the control of an intoxicant, controlled substance or a combination of both while performing their duties The glass windows must allow an unobstructed view of the interior from outside The licensee will create an alcohol sales policy and provide a copy of it to the police

Three Categories of License Conditions Restrictions on the property. Restrictions on the operation of the licensee. Security restrictions or requirements.

Class A Conditions: Product Restrictions No sale single bottles or cans Flavored malt beverages up to 6% ABV may not be sold or given away in less than a four- pack of 12oz bottles or cans. Flavored malt beverages containing over 6% ABV may not be sold or given away in less than a six-pack of 12 oz. bottles or cans must be sold or given away in in four- packs of 12 oz. bottles or cans Intoxicating liquor cannot be sold in containers of less than 200 ml including wine with ABV of 15% or less. Flavored malt beverages must be sold/given away in bottles or cans. Separate exception for imported and microbrews sold in bottles. No sale 40 oz. fermented malt beverage No sale fortified wine No keg sales Only wine sales (‘Class A “ license, beer and spirits sales voluntarily forbidden) No sales of single serving bottle or cans containing 25 oz. or more. Exceptions that eliminate the sale of distilled spirits (although licensed for such sales)

Class A Conditions: Physical Layout No more than three coolers for alcohol No space on the floor will be used for alcohol sales No beer displayed on the floor. Display of beer limited to a single 15 sq.-ft. section of the cooler. Shelf space for distilled spirits limited to 24 square feet of display. Beer display is limited to cooler Wine and wine coolers limited to one shelf of walk-in cooler and one 5ft square floor rack. Intoxicating liquor will be stored out of customers’ reach and printed “menu” provided. Coolers locked at 9:00 pm Distilled spirits display locked at 6:00 pm daily.

Class A Conditions: Operations Cashiers must be age 18 or older. Applicant must work with city and specified partners to remediate negative alcohol behaviors at a specific locations or area. Meetings required with police district Captain Meeting/presentations required with city council Limitations on music & entertainment Dress code to exclude gang colors.

Pick n’ Save Proposal: Service available 8:00 am to 9:00 pm Customers place order online Payment is secured by credit card The “Shopper” prepares the order a “licensed operator” age 18 or older The “Shopper” runs a receipt, but does not complete the sale Confirms that someone in the car is age 21 or older Loads groceries Consummates the order back inside

Fond du Lac C&C License Conditions: Applied to New or Amended Licenses The system must allow the purchase of alcohol or tobacco to be denied without affecting the remainder of the purchase If the purchaser is not the driver of the vehicle, the Agent/Licensed Employee must ensure the driver is 21 or older Payment cannot be consummated until the purchaser is at the licensed premise and identification has been verified A licensed bartender/Operator must perform the sale/delivery

Fond du Lac C&C License Conditions, part 2 5. No alcohol sales are permitted if the purchaser does not have valid photo identification 6. The name on the order must match the name on the ID when purchasing alcohol or tobacco products 7. Tasting events are prohibited in the parking lot 8. Minimum 4-hour waiting period between order time and pick-up time for alcohol and tobacco

Class B Conditions: Operational Day specific closing times, slightly later on weekends. As early as 8:00 p.m. more frequently 10:00 pm, midnight or 2:00 am. Staggered closing times for traffic control Food must be available whenever the licensee is open. Food service until 30 minutes prior to closing. All-you-can-drink specials must end at specific time. No outdoor amplified sound. No speakers on balcony (interior) Exterior TV will have sound muted at (specific hour named). Smokers encouraged to smoke outside at front of building Sign by door notes that alcohol must remain inside Responsible beverage plan posted on website. Alcohol available only at special events (definition provide), not films (film & concert venue) Alcohol sales limited to one hour before event and 20 minutes before posted conclusion. Ushers posted to prevent alcohol from reaching underage attendees. Post sign at front door asking patrons to “be considerate” of neighbors No noise agreement concerning dumping trash and recycling between 10p and 7:30 am

Class B Conditions: Operational Secure agreement of neighborhood association for any changes to outdoor seating. Police must be called whenever a crime occurs or staff believes it is about to occur. Written training policies and manual required. Serving size limited to X (5oz for tasting rooms.) Licensed operator must supervise serving of beer and wine. Dumpster area maintained Trash must not be outdoors for more than 12 hours. Lighting installed or specific directional lighting maintained Alcohol only served at counter. Service bar only, only table service for customers All alcohol beverages must be delivered by service staff. Parking plan promoted on social media Limitations or prohibition of outdoor smoking area. Limitations on deliveries

Class B Conditions: Physical Layout Capacity set at X or number established by building code whichever is lower. Alcohol storage areas, cages, stations must be locked. Beer and wine service limited to two stations for a total of 100 square feet (retailer with tasting room). Specific or maximum number of barstools enumerated. Neighbors notified prior to opening of patio each year. High quality HVAC to minimize potential odors required. Adjacent church notified 2 weeks in advance of proposed premises changes. Outdoor seating closed 30 minutes after sunset Display of alcohol limited to four doors of existing cooler

Class B Conditions: Security Must retain a licensed security firm for special events in excess of X attendees Must call police department when crime occurs or staff believes a crime will occur Must call police department when violence or threat of violence occurs Video camera that preserves tapes for 10 days and available to PD upon request. ID scanner and storage required Wristbands for age 21 plus customers required. Specific training requirements for mandatory security staff. Hand-held counters used at front door. Off-duty police officers must provide security. Numbers of officers and security reviewed monthly by District Captain. Bouncer (minimum of 1) at front door conducts ID check Scheduled bathroom checks for security Fencing required for extended premises events. Detailed security plan submitted and implemented

Class B Temp Licenses: One Step Festival Fix The four practices that prevent and reduce underage drinking are: I.D. checks at the entrance to serving area Wrist bands to identify attendees age 21 or older A secure perimeter (fence) around the serving area Distinguishable cups that allow for easy identification of alcohol vs alcohol-free beverages The seven policies and practices that prevent and reduced excessive (binge) drinking are Limiting the number of beverages that can be purchased at a time. Servings sized 12 oz. or smaller No discount alcohol pricing No sales to obviously intoxicated individuals Prohibiting servers from drinking Ending alcohol sales one hour before closing Food and alcohol-free beverages available where alcohol is sold.

Class B Temp Licenses: One Step Festival Fix Create secure perimeter around the licensed area with a double fence (with a minimum 7 foot gap), a single entrance and photo ID check Use wrist bands and hand stamps in rotating patterns to identify customers age 21and older for alcohol purchase Require a BAC not greater than 0.04 and ban alcohol consumption while serving and mandate that alcohol RBS or local RBS alternative training be completed by all servers Mandate a minimum of one licensed bartender (operator) on site whenever alcohol is sold or served Allow only 12 oz (or smaller) clear or opaque cups with sale limited to two cups per purchase Stop serving alcohol one hour before closing the area Require vendors to offer food or allow food purchased from vendors into the licensed area Nonalcoholic drinks be priced less than alcohol beverages No one under age 21 will be served alcohol even when accompanied by a parent, guardian or spouse of legal drinking age

Julia Sherman Wisconsin Alcohol Policy Project 608-262-0370 Julia.Sherman@wisc.edu https://law.wisc.edu/wapp/