Brookfield has altered its village code to allow more outdoor liquor licenses in the village, a move that the village says will save staff and trustees time that would have been used to approve excess licenses.
At the village board’s May 13 meeting, trustees approved the ordinance, which expanded the number of Class S licenses allowed in Brookfield from seven to 15. The ordinance also decreased the number of permitted Class S3 licenses from one to zero. These kinds of licenses, along with Class S1 and S2 licenses, are subsidiary liquor licenses that dictate who in the village can sell alcohol outside. Each class has its own rules for when and where alcohol can be sold.
While Brookfield’s village code carefully controls the upper limit on the number of each class of liquor license in town, these limits can actually be passed. Historically, Brookfield has approved subsidiary outdoor liquor licenses beyond the limit by passing a unique ordinance for each one, requiring each application to go individually before the village board.
For example, under the new rule, the 16th Class S license issued this year would have to go before the board for specific approval while the first 15 can be issued without the same fanfare. In the same vein, all Class S3 licenses must now be approved by the board.
According to a memo included in the village board meeting’s agenda packet, the process of approving each subsidiary liquor license application “requires attorney work in ordinance creation, village board process for approval and staff time in drafting the information and agenda management.”
The same memo said village staff had identified at least 20 restaurants, bars or other establishments in town that possessed valid liquor licenses and could apply for outdoor licenses.
“This [change] would allow us to provide that subsidiary Class S license that is more aligned with the number we see requested annually,” said Assistant Village Manager Stevie Ferrari at the meeting.
According to Brookfield’s village code, a Class S liquor license “is required for retail sale of alcoholic liquor on private property exterior to the regularly licensed premises.” An establishment with outdoor seating on private property would be required to hold a Class S license to sell alcohol outside. The kind of establishment — one that primarily serves food or one that primarily sells alcohol, so a restaurant or a bar — changes the rules for where outdoor sections can be positioned relative to any residences that may be adjacent to the building.
According to that memo, village staff have identified 15 establishments in Brookfield that serve liquor and either possess or could apply for a Class S liquor license. The new limit of 15 was likely chosen so all of these establishments could become licensed without taking up the village’s resources or time.
Class S1 licenses allow businesses to sell and dispense alcohol on any public right-of-way, meaning the difference between needing a Class S or S1 license is whether the outdoor seating area is on the establishment’s property or the village’s. Class S and S1 licenses both permit alcohol to be sold from 11 a.m. to 10 p.m. Sunday through Thursday and from 11 a.m. to 11 p.m. on Friday, Saturday and legal holidays.
Class S2 licenses give the same permissions as Class S licenses, but they allow for much wider hours of alcohol sale, only forbidding it from 2 to 7 a.m. Monday through Saturday and 2 to 11 a.m. on Sunday.
Brookfield’s village code allows for it to give out three Class S1 licenses and one Class S2 license each year, which will not change with the passing of the ordinance. The village board will still be required to approve each Class S1 and S2 license once the limit for each kind has been reached.
Class S3 subsidiary licenses are specifically granted to holders of Class 8 liquor licenses, which authorize the sale of alcohol “to be consumed on the premises in conjunction with events of short durations,” like picnics, open houses, banquets and other special events where the sale and consumption of alcohol are not the primary goal.
Obtaining a Class S3 liquor license allows the holder to sell alcohol on any land owned or controlled by Brookfield, though all applications for this type of subsidiary license must now be approved through the passage of a drafted ordinance by the village board.
