Friday, December 17, 2010

Mobil Open

The purpose of this item is to consider issuing a liquor license to Harjinder Samra. The sale of alcohol-containing beverages in Wisconsin is subject to different kinds of licensing. Class “A” (beer) licenses and “Class A” (liquor) licenses are issued for the sale of beverages for consumption off the premises, Class “B” (beer) and “Class B” (liquor) licenses are for sale for on-premises consumption. A “Class C” license allows restaurants to sell wine for on-premises consumption.
The city has adopted the provisions of chapter 125 and sections 66.053(2) and 66.054, Wis. Stats., relating to the sale of intoxicating liquor and fermented malt beverages, except sections 125.66(3), 125.04(5), 125.09(6), 125.69, 125.11(1), 125.12(2)(a) and 125.14(4), exclusive of any provisions thereof relating to the penalty to be imposed or the punishment for violation of said Statutes. (1971 Code, sec. 8.01; amd. 1984 Code)
The code determines that no person shall sell, barter, exchange, offer for sale, or have in possession with intent to sell, deal or traffic in any fermented malt beverage or intoxicating liquor, unless licenses as provided by the City Council of the City, nor without complying with all the provisions of city code and all applicable regulations of the State of Wisconsin. (1984 Code)
The license is being requested for use at Lake Mills Mobil Station, 219 S. Main Street, at the southeast corner of the intersection of S. Main Street and Veterans Lane. The site previously had a liquor license issued for Roman’s Quick Stop in 2001 and reissued in 2007.
The applicant is required to submit a license application and a site plan to be considered for a license. The applicant has submitted a site plan that shows how access to the area where the Class “A” Liquor sales will occur. The sales will occur along the north wall of the building. The service counter is situated along the north wall and the liquor is located along the wall behind the counter. A door is in the southeast corner of the building; it appears to be an emergency exit only with an alarm when the door is opened.
The Lake Mills Comprehensive Plan designates the Lake Mills Mobil site for commercial development within the current growth period. The area has immediate access to sanitary sewer, water, electric and emergency services. The site is currently zoned B-1, Central Business District.
The City Council of the City is authorized and empowered to make reasonable and general rules for the sanitation of all places of business possessing licenses under Chapter 3. Such rules or regulations may be classified and made applicable according to the class of business conducted.
All sales of beer shall take place in premises for which provisions have been designed, reviewed and approved by the Council, which minimize the ability of underage persons to handle, sell or purchase beer, unless those underage persons have an operator’s license and are employed by the licensee and are on duty at the licensed premises, and unless those persons so licensed are acting within the scope of their licenses.
Special conditions upon a license may be imposed by a majority vote of the City Council if those special conditions are not in conflict with the provisions of Chapter 125, Wisconsin Statutes. These special conditions shall be as determined by the Council on a case-by-case basis, given the unique aspects or characteristics of the premises or other business activities conducted on the premises. These special conditions may be imposed at the time the license is initially granted by the Council or upon application for renewal when the principal use of the premises is modified by the applicant.
A Class “A” intoxicating-liquor/beer license authorizes the retail sale of intoxicating liquor for consumption off the premises where sold and in original packages and containers. This is the type of license a typical liquor store must have.
Management has indicated through the site plan where the sales area will be located. The site plan also indicates that they only plan to sell beer and wine, although the license requested allows for the sale of liquor. The Council may want to add restrictions to the license, such as, beer and wine only or no sales may occur after 9:00 p.m. etc. In addition, a locked storage area is available inside the building to accommodate for extra inventory. All locked areas will be controlled by management personnel. The store’s existing security is higher than we normally see in a establishment selling alcohol.
The management has indicated that the management staff will become licensed by the State, and remaining sales staff will be trained in the proper techniques for selling alcohol—requiring identification, packaging, etc. Persons under 18 years of age will not be allowed to sell alcohol.It is my opinion that the proposed alcohol sales are in keeping with existing operations. It is not unusual for convenience store/gas station operations to sell alcohol for the ease of customers and it will allow the convenience store/gas station to become a viable local business.

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