The Watertown news. [volume] (Watertown, Wis.) 1917-1919, 1918-06-05
Council Proceedings
PROCEEDINGS

PROCEEDINGS
! OF regular meeting of the common
council of the city of Watertown, Wis
consin, held on the fourth day of
June, 1918.
| His honor, the mayor, presiding.
| All the members of the council Q4)
were present.
| On motion of Alderman Klemann
the minutes of the preceding session
were approved.
Frank S. Weber, Esq.
City Clerk,
WATERFOWL, Wisconsin.
Dear Sir
| You have submitted to me at the re-
quest Of Senator Mulberger, a num-
Der of questions which | will answer
in the order in which they are sub
mitted:
license?
This question must be answered in
the negative, as under Section 1861
of the Statutes license to sell liquor
cannot be granted to any person who
| is not a full citizen of the United
States and of this state, unless it be a
domestic corporation.
2. Must a brewery, delivering beer
| to retailers and private consumers,
have a local license, and if so, what
kind?
This question must be answered
Yes" Either a wholesale or retail Ii
cense will be sufficient as long as the
liquor is not sold to be drank on the
premises. If the liquor is sold to be
drank on the premises it must be a
retail license.
3. Can man in the draft age own
and operate a saloon?
| know of no law against it.
4. Can a corporation hold license
in it's corporate name?
This question must be answered in
the affirmative
5. The MilWaukee-Wau Brew
ing Company has for many years past
operated a saloon at No. SOB Main
street, this city, under local license.
The company also maintains a depot
on the premises of which No. SOB Main
street is a part, selling beer to the re-
tail trade and also to consumers, in
cases and kegs, upon orders left with
the agent or the saloon keeper at No.
SOB Main street. The company claims
it has the right to sell beer and other
liquors in the saloon, and the right to
sell beer from it's depot on the same
property to the retail trade and to
consumers as above set forth, by vir-
tue of the local retail license granted
it at said location. Is it's contention
well founded?
The answer is Eyes" Under a re-
tail license, sales of liquor may be
made to be drank on or off the prem
ises, either at wholesale or retail
6. Should it develop that the COM
pany leases the saloon at said location
to another party who operates under
q government license in his own name
and who conducts the saloon business
in his own name, would that condition
be in accordance with the law? The
local license being in the name of the
brewing company?
Under these facts, the party operat-
ing a saloon is violating the excise
law. He has no right to sell liquor in
his own name or operate a saloon in
his own name, unless he has a license
to do so. A party may sell as an agent
or bartender Of person who has
license and the license will protect
him in that case, but where he carries
on his own business the license of
another will not protect him.
Z. In case the conditions set forth
in the preceding paragraph exist,
should the saloon keeper secure a local
retail license in his own name and the
brewing company a local wholesale
license in it's name?
The saloon keeper should secure a
retail liquor license but the brewery
may sell under it's retail license, and
is not required to secure a wholesale
license.
8. VIM. Hartig, local brewer, has
conducted a brewery in this city for
many years He sells beer to the re-
tail trade. He also sells beer to con-
sumers in this city upon orders left
at the brewery office, that is, in cases
and kegs, and not consumed on the
premises. He has never had a local H.
cense, either wholesale or retail.
should he be required to secure a
wholesale or retail local license as
required by section 1913?
He should be required to take out a
wholesale license. He has no right to
sell liquor to consumers in your city
without a license, and if the liquor is
| not to be drank on the premises then
a wholesale license will be sufficient,
otherwise a retail license will be ne
| cessary.
| believe this answers all your ques-
TONS
| Very truly yours,
Spencer Haven,
| Attorney General
The same was referred to the license
! committee.
| The APPLICATION of the Klinger &