Smith v. City of Whitewater

Is it permissible under sec. 176.05 (21), Stats., to issue fourteen retail Class B intoxicating liquor licenses in the city of Whitewater ?

The subsection reads:

“(a) No governing body of any town, village or city shall issue more than one retail ‘Class B’ liquor license for each five hundred inhabitants or fraction thereof, except that if a greater number of such licenses have been granted, issued, or in force, in such town, village or city, at the time of the taking effect of this subsection, than would be permissible under said limitation, such town board, village board or common council may…