125.05(2)(j)5.

5. The persons who filed the remonstrance or counter petition shall be permitted to correct the defects within 15 days after the hearing.

125.05

125.05 Local option; remonstrances.

125.05(1)

(1) Local option. Electors of any municipality may determine, by ballot at the election held on the first Tuesday in April, the questions of whether the municipality shall issue retail licenses for the sale of fermented malt beverages or intoxicating liquor or whether a retail store operated by the municipality shall cease operation.

125.05(1)(a)

(a) Questions. The following questions may be submitted to the electors:

125.05(1)(a)1.

1. “Shall Class `B’ licenses (taverns, hotels, restaurants, clubs, societies, lodges, fair associations, etc.) be issued for the retail sale of beer for consumption on or off the premises where sold?”

125.05(1)(a)2.

2. “Shall Class `A’ licenses (stores, etc.) be issued for the retail sale of beer in original packages to be consumed away from the premises where sold?”

125.05(1)(a)3.

3. “Shall `Class B’ licenses (taverns, restaurants, hotels, etc.) be issued for the retail sale of intoxicating liquor for consumption on the premises where sold?”

125.05(1)(a)3m.

3m. “Shall `Class C’ licenses (restaurants) be issued for the retail sale of wine for consumption on the premises where sold?”

125.05(1)(a)4.

4. “Shall `Class A’ licenses (stores, etc.) be issued for the retail sale of intoxicating liquor in original packages to be consumed away from the premises where sold?”

125.05(1)(a)5.

5. In the case where a municipal store is operating under s. 176.08, 1967 stats., “Against liquor store?”

125.05(1)(b)

(b) Procedure. The following procedure shall govern the election under this subsection:

125.05(1)(b)1.

1. A written petition shall be circulated requesting that the question be submitted to the electors of the municipality affected by the question. A separate petition for each question shall be circulated. The contents of the petition shall be governed by § 8.40.

125.05(1)(b)2.

2. Petitions shall be circulated by qualified electors who reside within the municipality affected by the question. No petition may be circulated prior to 60 days before the date required for filing.

125.05(1)(b)3.

3. No signature on the petition may be counted unless it was written and dated within 60 days prior to the date required for filing.

125.05(1)(b)4.

4. Petitions shall be signed by a number of qualified electors within the municipality affected by the question equal to at least 15% of the number of votes cast for governor in the affected municipality at the last general election.

125.05(1)(b)5.

5. The petition shall be filed with the clerk of the municipality at least 42 days prior to the first Tuesday of April.

125.05(1)(b)6.

6. Within 5 days after the petition is filed, the clerk shall determine the sufficiency of the petition, and shall state the finding in a certificate signed by the clerk, dated and attached to the petition.

125.05(2)

(2) Remonstrances.

125.05(2)(f)

(f) Exclusions. The prohibition on the issuance of licenses within a residence district does not apply to:

125.05(2)(j)1.

1. The officials will examine and consider the remonstrance or counter petition.

125.05(2)(j)3.

3. The officials shall consider the objections.

125.05(1)(b)8.

8. After the conditions of subd. 6. are satisfied, the clerk shall promptly order that each question stated in a petition found to be sufficient shall be submitted to the electors at the election to be held on the first Tuesday of April following the date of the order.

125.05(1)(b)9.

9. City clerks shall give notice of the election as provided in ch. 10 for notice of a regular city election. Village and town clerks shall give notice of the election by posting written or printed notices in at least 5 public places in the village or town not less than 10 days prior to the election.

125.05(1)(b)10.

10. Each question submitted to the electors shall conform to the form prescribed by the government accountability board under ss. 5.64 (2) and 7.08 (1) (a).

125.05(1)(b)11.

11. The election on any question shall be conducted in the same manner as other elections are conducted in the municipality. The canvassers shall determine and immediately certify the results of the election.

125.05(1)(c)

(c) Term of election results. The result of an election under para. (b) shall remain in effect for 2 years and thereafter unless changed at another election on the question, except that a vote to discontinue operation of a municipal store may not be changed at another election.

125.05(1)(d)

(d) Wholesalers’ permits. If the election results prohibit the retail sale of fermented malt beverages, the department shall include as a condition of any wholesaler’s permit issued under § 125.28 for a premises within the municipality that the wholesaler may not sell or deliver fermented malt beverages within the municipality to any person residing therein.

125.05(2)(a)

(a) Residence district. In this subsection, “residence district” means any clearly described compact, contiguous territory in any municipality bounded by corporation or ward lines, public streets, public roads, public alleys or water courses, in which not less than 100 and not more than 750 qualified electors reside.

125.05(2)(b)

(b) No previous licenses. A residence district may be created in a municipality which has not previously issued a license to sell intoxicating liquor in the residence district if a majority of the district’s electors sign and file with the municipal clerk on or before May 1 in any year a written remonstrance describing the boundaries of the residence district and stating that no license may be issued within the district.

125.05(2)(c)

(c) Previous licenses. A residence district may be created in a municipality which has previously issued a license to sell intoxicating liquor in the residence district if a majority of the district’s electors sign and file with the municipal clerk not earlier than May 1 nor later than May 15 in any year, a written remonstrance describing the boundaries of the residence district and stating that no licenses may be issued within the district.

125.05(2)(d)

(d) Limits on district. The greatest length of a residence district may not be more than 4 times its narrowest width. No part of any one residence district once created by the electors may be used to create another residence district. A residence district or part thereof in which licenses may not be issued may not be used to create another residence district. Property occupied exclusively for educational, religious or charitable purposes and public parks in residence districts may be included in residence districts as residence property, but shall not be used in determining the boundaries or size of any such district.

125.05(2)(e)

(e) Restrictions on licenses in residence districts. No license to sell intoxicating liquor may be issued in a residence district created under para. (b) or (c) after a remonstrance is filed except:

125.05(2)(e)1.

1. Licenses may be issued for specific locations within a residence district under para. (b) if a majority of the electors in the district sign and file with the municipal clerk written consent for the issuance of licenses for the specific locations.

125.05(2)(e)2.

2. Licenses may be issued in residence districts created under para. (c) if a majority of the electors in the district sign and file with the municipal clerk a counter petition stating that licenses may be issued in that district.

125.05(2)(f)1.

1. The frontage of that side of any street or road between intersecting streets or roads in any city, village or town upon which one-third of the lineal feet of the property abutting thereon is devoted to or used for a commercial, mercantile, manufacturing or other business purpose.

125.05(2)(f)2.

2. The street or road frontage on either side of such street or road if one-third of the lineal feet of property abutting on both sides thereof between intersecting streets or roads is so used.

125.05(2)(f)3.

3. The frontage on either or both sides of a highway in towns or unincorporated villages within a distance of 400 feet if one-third of the lineal feet of the property abutting upon the highway within that distance is so used.

125.05(2)(f)4.

4. Actual and bona fide hotels maintaining, in 1st class cities, 50 or more sleeping rooms for the accommodation of transient guests; in 2nd class cities, 25 or more such rooms; in 3rd class cities, 18 or more such rooms; and in 4th class cities, 10 or more such rooms.

125.05(2)(g)

(g) Documents; signatures and circulation. The electors signing a remonstrance, consent or counter petition under para. (b), (c) or (e) shall subscribe to the document their names together with, in cities and villages, the street or lot and block numbers of their residences and, in towns, the quarter-section numbers of their residences. Each elector shall sign the document before a resident of the district who is circulating it. Each person circulating a document shall file an affidavit that each signer is a qualified elector of the residence district referred to in the document and that the signers’ names and addresses on the document are genuine. No elector may sign more than one remonstrance or counter petition affecting the elector’s residence district. The documents may be separate. Any number of persons may circulate the documents.

125.05(2)(h)

(h) Number of electors. The number of electors in a residence district shall equal not less than the number of names with residences in the district which appear on the registration list, as defined in § 5.02 (17), for the residence district on the date that the remonstrance, consent, or counter petition is filed. A person whose name does not appear on a registration list may not sign a protest petition, consent or counter petition.

125.05(2)(i)

(i) Notice. At least 5 days before soliciting signatures to any remonstrance or counter petition, notice of intent to do so, describing the boundaries of the proposed residence district, shall be published as a class 1 notice under ch. 985, in the district described in the remonstrance or counter petition. No remonstrance or counter petition may be filed before proof of compliance with this section is filed with the clerk of the municipality.

125.05(2)(j)

(j) Publication, objections and effects of filing. Within 10 days after a remonstrance or counter petition has been filed, the officials of the municipality authorized to issue licenses for the sale of intoxicating liquor shall publish a class 1 notice, under ch. 985, within the residence district stating that at a hearing held on a day fixed by the officials:

125.05(2)(j)2.

2. Any person objecting to the sufficiency of the remonstrance or counter petition may appear before the officials and file objections to the remonstrance or counter petition.

125.05(2)(j)4.

4. The officials shall identify any material defect in the remonstrance or counter petition and point them out to the persons who filed the remonstrance or counter petition.

125.05(2)(j)6.

6. If the defects are corrected, no license may be issued within the residence district except as provided in pars. (e) and (f). If the defects are not corrected, licenses may continue to be issued within the district.