Lake Mills Market

The purpose of this item is to consider issuing a liquor license to Lake Market, LLC., Mitchell P. Eveland, agent. 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 Market, 375 W. Tyranena Park Road, west of the intersection of S. Main Street and Tyranena Park Road. The site is 18 acres and includes several retail opportunities. Lake Mills Market is the 48,000 square foot grocery store that is anchoring the development.

The applicant has submitted a license application and a site plan (included in packet) to be considered by the Council when issuing a license. The submitted application, site plan and narrative provide documentation of how access to the area where the Class “A” Liquor sales will be controlled. The sales will occur in an access controlled room in the southwest corner of the store immediately west of the transactions area. The room will be completely enclosed with by walls and a security. The alcohol overstock will be kept in secure in the liquor department at all times. There would be times that alcohol would be merchandised in other areas of the store.

The Lake Mills Comprehensive Plan designates the Lake Mills Market 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 PB Planned Business.

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 liquor, beer and wine 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 alcoholic beverages, 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.

Legal issues related to the new license control policy on quotas will need to be referred to the City Attorney.