§ 6-36. License quota.

(a)

Number of licenses.

(1)

The number of persons and places granted a retail "Class B" intoxicating liquor license under this section is limited as provided in W.S.A., § 125.51(4).

(2)

The number of persons and places granted a retail "Class A" intoxicating liquor license under this section shall be five.

(3)

The number of persons and places granted a retail Class "B" fermented malt beverage license under this section shall be 13.

(4)

The number of persons and places granted a six-month Class "B" fermented malt beverage license under this section shall be two.

(5)

The number of persons and places granted a retail Class "A" fermented malt beverage license under this section shall be 13.

(6)

The number of persons and places granted a retail Class "C" wine license under this section shall be one.

(b)

Exceeding quota.

(1)

Approval by village board. Notwithstanding the provisions of this chapter, the village board may, by two-thirds vote of all of the members of the village board, grant a new "Class A" intoxicating liquor, Class "A" fermented malt beverage, reserve "Class B" intoxicating liquor, Class "B" fermented malt beverage, six-month Class "B" fermented malt beverage or a Class "C" wine license in excess of the quota set forth in subsection (a).

(2)

Guidelines for exceeding quota. It having been found by the village board in imposing the quotas in this section that the proliferation of taverns and liquor stores can be a detriment to the village of Mukwonago and the community by reducing property values, deteriorating the quiet enjoyment of neighborhoods and costs considerable tax dollars to police said business, it is determined that quota may be exceeded if the establishment meets the provisions set forth in this chapter and the following criteria be met:

a.

The applicant shall submit to the village clerk's office a petition for exceeding quota. The petition shall include the requested license class, a plan of operation and the relevant experience, background and signatures of the individual, partners or directors, officers and agent of a corporation or limited liability company, as well as the signature of the owner or owners of the building or land; and

b.

The applicant shall supply proof of ownership or lease or options to purchase or lease of land or a building that is properly zoned for the proposed venture; and

c.

The applicant shall show that the proposed establishment will have a greater economic impact upon the community than simply the addition of another tavern, liquor store, convenience store or restaurant; and

d.

The applicant shall show that the proposed establishment will benefit the community by substantially improving the tax base (i.e. the establishment will extensively rehabilitate a blighted or deteriorated building, will construct a new building on vacant land, will benefit the community by conferring some other tangible and substantial improvement for the area).

(3)

Public hearing. Prior to a vote, the village board shall hold a public hearing, pursuant to section 100-901, upon each petition.

(4)

Fee. The applicant shall pay a fee specified in the most current village board resolution to cover the costs associated with the public hearing.

(Code 1966, § 14.01(5)(e); Ord. No. 571, § I, 1-16-96; Ord. No. 746, § I, 10-28-04; Ord. No. 794, § II, 7-18-06; Ord. No. 820, § I, 3-17-09)