Temporary Extension of Class B Licensed Premises

Photograph of couple at outdoor table on sidewalk in front of restaurant

On June 16, 2020, the West Allis Common Council approved an ordinance that creates a streamlined way for you to temporarily expand your licensed premises. 

Applications will be considered at the next regular Common Council meeting (July 14, 2020).

purpose

Class B licensees who wish to expand their premises in order to maintain social distancing for the health and wellbeing of their patrons and staff may apply for the expedited temporary extension. If granted, approved extensions expire the day after the next Common Council meeting. Applications will be automatically reapproved unless an objection has been filed or any alderperson wishes to consider the reissuance of the extensions.

Effective Dates

This Ordinance shall be in full force and effect on June 17, 2020, and shall be repealed on November 18, 2020.

After such time the licensed premises will return to that which was granted with the annual renewal application or any subsequent permanent extensions.

Application Submittal Requirements

Only completed applications with a floor plan of the proposed extension and permanently licensed premises will be processed for consideration.

other licenses

Licensees may be permitted to extend their existing entertainment and music licenses into the extension area upon approval by the Common Council. (Licenses must already be issued to the licensees.)

objections

If objection is received, the Council will consider the special extension application at its next regular meeting just like any new license application and may reject it or place special restrictions on the extended premises (hours, number of people, etc.)

Conditions:

1) The extended premises must be contiguous to the licensed premises and must either be owned by or be under the control of the licensee or extend on to a public sidewalk.

  • The extended premises, other than premises extending on to a public sidewalk, shall be enclosed in a manner that the ingress and egress of patrons may be monitored.

Hours of Operation Limitation:

  • Sunday – Thursday operations must cease at 9:00 p.m.
  • Friday – Saturday operations must cease at 10:00 p.m.

toilet facilities

Sufficient number of toilet facilities shall be provided to accommodate the total capacity of the permanent and temporary license premises. Put another way, please limit the maximum number of people indoors and outdoors to your normal indoor capacity to ensure you have enough toilet facilities.

public right of way/sidewalks

Expedited Extensions which include use of Public Sidewalk must comply with the following requirements and may not have items in the public right-of-way for more than 90 days.

  • Any premises extended into a public sidewalk is granted a privilege to place only movable tables and chairs on that premises.
  • The licensee shall maintain a clear path 3 feet wide for pedestrian traffic.
  • The licensee assumes primary liability for damages to person or property. No bond is required.
  • The licensee is obligated to immediately remove any obstructions upon notice by the city
  • The licensee is not entitled to damages for removal of an obstruction, and if the licensee does not remove the obstruction upon notice, it may be removed at the licensee’s expense.
  • Third parties whose rights are interfered with by the granting of a privilege have a right of action against the licensee only.

Payment and Posting Required

If granted, licenses will not be issued until a payment of $50 has been received by the Clerk’s office. Submit Payments by mail or in the overnight dropbox of City Hall. Extensions will not be valid unless the license extension is posted in the licensed area.

application

Download the application (PDF) here. Submit to clerk@westalliswi.gov.