Municipalities — liquor licenses

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Wisconsin Supreme Court

Civil

Municipalities — liquor licenses

A town is not permitted to unilaterally reduce the description of the premises when it renews an alcohol beverages license.

“We reverse the decision of the court of appeals. First, the original licenses granted to Wisconsin Dolls were not void due to an insufficient description of the premises. Wisconsin Dolls asked for licenses that would cover the entire eight acres of the resort, and the original license explicitly covered the entire eight acres of the resort. Second, the Town of Dell Prairie exceeded its authority when it modified the description of the premises in renewing Wisconsin Dolls’ alcohol beverages license. Towns may attach conditions to an alcohol beverages license, including limitations to the described premises, when the license is initially granted. If a town later wishes to modify the premises described in the license, especially a modification that disadvantages the licensee, it must pass a valid regulation or ordinance under Wis. Stat. § 125.10(1), follow the procedures outlined in Wis. Stat. § 125.12, or negotiate the consent of the licensee. A town is not permitted to unilaterally reduce the description of the premises when it renews an alcohol beverages license. The Town here did not proceed on a correct theory of law, and thus its modification of the license cannot be sustained.”

Reversed and Remanded.

2010AP2900 Wisconsin Dolls, LLC, v. Town of Dell Prairie

Prosser, J.

Attorneys: For Appellant: Bechler, Lawrence E., Madison; Tibbetts, Margery M., Janesville; Fleming, Matthew, Madison; For Respondent: Hazelbaker, Mark, Madison