City of Eau Claire, Wisconsin
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Legal FAQs
Yes. A Conditional Use Permit application must be completed and then filed to the Department of Community Development. The application will be reviewed by various members of City staff and a report will be prepared for the Plan Commission hearing. The City Plan Commission holds a public hearing and makes the final decision on the proposed conditional use. These hearings are usually held on the first and third Monday of the month at 7:00 p.m. in the City Council Chambers, City Hall. You may also contact the Planning and Development Department at 715-839-4914.
The Conditional Use Permit form can be found on our Application Forms page.
Generally, the City Attorney's office cannot provide assistance in landlord/tenant disputes. Exceptions include cases where a tenant absconds without payment of rent, or where either the landlord or tenant is accused of housing code violations. You may want to contact the Consumer Protection Bureau with the Department of Agriculture, Trade and Consumer Protection at 1-800-422-7128 for information on landlord/tenant rights and obligations. They may also be able to provide assistance in resolving disputes. Also, Try Mediation, located at the Courthouse, 721 Oxford Avenue, 715-839-6295, may be able to provide assistance to you to remedy disputes.
If the matter involves a housing code violation, e.g., failure to repair a furnace, you should contact the Eau Claire City-County Health Department at 715-839-4718.
With changes in the state law through the adoption of 2011 Act 35, possession of firearms and concealed weapons is no longer statutorily prohibited in City Hall and other municipal buildings as of November 1, 2011.
The City Council recently passed the Concealed Carry Ordinance, which prohibits weapons in certain City buildings and requires establishments serving alcohol to notify customers of the prohibition against consuming alcohol while carrying a concealed weapon.
Signs that may be downloaded and printed by businesses and landowners.
No. Businesses that are open to the public and have no appropriate alcohol license cannot sell or give away or provide tastings of alcohol, including beer, wine, or spirits, to the public.
An alcohol license is required to serve alcohol beverages. Wis. Stat. s. 125.04(1) states that no person (person includes individuals, corporations, LLC’s, etc.) may sell or engage in any other activity for which this chapter provides a license without holding the appropriate license. The City of Eau Claire forfeiture for violation of this statutory provision is $452.50. The penalty under state law is a forfeiture of up to $10,000, nine months in jail, or both (Wis. Stat. s. 125.04 (13)).
If a business does not have an alcohol license, alcohol beverages cannot be sold or given away. Wis. Stat. s. 125.09(1) prohibits “consumption” of alcohol in unlicensed public places. For example, a business at an unlicensed premise cannot have an open house, grand opening, or event that caters to the general public and serves alcohol.
Any charge made directly or indirectly for the alcohol beverage requires the person in charge to hold the appropriate license. The term “sale” is broadly defined. “Sale” is a transfer with consideration or transfer without consideration, if made to evade law, or any shift, device, scheme, or transaction for obtaining an alcoholic beverage (Wis. Stat. s. 125.02(20)).
Examples of indirect charges include, but are not limited to, a ticket price including an alcohol beverage, cost of a meal including an alcohol beverage, a purchase of a service with a “free” alcohol beverage, or a donation required in order to consume an alcohol beverage.
Wis. Stat. s. 125.315 prohibits the “giving” of fermented malt beverages to evade law (i.e., businesses such as credit unions, barbershops, salons, etc., giving away beer to customers without a fermented malt beverage license). Wine and spirits also cannot be given away in the same manner under Wis. Stat. s. 125.67. Again, the penalty under state law is a forfeiture of up to $10,000, 9 months in jail, or both (Wis. Stat. s. 125.66).
For more information on alcohol licensing and local applications and deadlines, see the Wisconsin Department of Revenue website.
It depends on the status of your citation. If you have access to the internet you can obtain information online at the Wisconsin Court System Circuit Court Access site at https://wcca.wicourts.gov. You may also check with the Clerk of Courts at 715-839-4816 or the Court Officer at 715-839-4985.
The City of Eau Claire does have a noise ordinance Section 9.56.070 which prohibits unreasonable noises which tend to cause or provoke a disturbance. Also, there is a policy which limits most construction activity near residential areas causing noise between the hours of 9:00 p.m. and 7:00 a.m. If you encounter such a problem, contact the Eau Claire Police Department at 839-4972. Section 9.56.070
I received a citation for Underage Drinking. What are my options?
If this is the first time you’ve ever received an underage drinking citation, you may choose to participate in ECAP, a diversion program. Participation in ECAP allows you to avoid a driver’s license suspension and pay a reduced fine of $143.80 if you complete a class requirement. Please contact the Clerk of Courts at 715-839-1865 to enroll.Other underage drinking offenses are not eligible for ECAP. If you wish to speak to the City Attorney’s office about your citation, follow the procedure outlined under the FAQ entitled “I want to contest a citation and talk to the City Attorney’s Office about it. How can I do this?”.
I received a citation for Public Excessive Intoxication. What are my options?
If this is your first citation for Public Excessive Intoxication, you have the option of participating in a diversion program for your citation. Please view the brochure HERE for information on how to enroll.If this is not your first citation for Public Excessive Intoxication and you wish to speak to the City Attorney’s office about your citation, follow the procedure outlined under the FAQ entitled “I want to contest a citation and talk to the City Attorney’s Office about it. How can I do this?”.
You must enter a not guilty plea. You can do this either by appearing in court on your initial appearance date as noted on your citation, by writing a letter to the Clerk of Courts office or by completing a Not Guilty Form and providing it to the Clerk of Courts Office at the courthouse.
Traffic Citation Rights and Responsibilities provided by the Clerk of Courts.