[HISTORY: Adopted by the Village Board of the Village of
Randolph as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-7-1998 by Ord. No. 351 as Title 7, Ch. 2, of
the 1998 Code]
The provisions of Ch. 125, Wis. Stats., relating to the sale
of intoxicating liquor and fermented malt beverages, except provisions
therein relating to penalties to be imposed, are hereby adopted by
reference and made a part of this article as if fully set forth herein.
Any act required to be performed or prohibited by any statute incorporated
herein by reference is required or prohibited by this article. Any
future amendments, revisions or modifications of the statutes incorporated
herein are intended to be made a part of this article in order to
secure uniform statewide regulation of alcohol beverage control.
As used in this article, the terms "alcohol beverages," "intoxicating
liquor," "principal business," "legal drinking age," "premises," "sell,"
"sold," "sale," "restaurant," "club," "retailer," "person," "fermented
malt beverages" and "wholesaler" shall have the meanings given them
by Ch. 125, Wis. Stats.
No person, firm or corporation shall vend, sell, deal or traffic
in or have in his possession with intent to vend, sell, deal or traffic
in or, for the purpose of evading any law or ordinance, give away
any intoxicating liquor or fermented malt beverage in any quantity
whatsoever, or cause the same to be done, without having procured
a license as provided in this article nor without complying with all
the provisions of this article and all statutes and regulations applicable
thereto, except as provided by §§ 125.26, 125.27, 125.28
and 125.51, Wis. Stats.
A.
Retail "Class A" intoxicating liquor license. A retail "Class A"
intoxicating liquor license, when issued by the Village Clerk-Treasurer
under the authority of the Village Board, shall permit its holder
to sell, deal and traffic in intoxicating liquors only in original
packages or containers and to be consumed off the premises so licensed.
B.
Retail "Class B" intoxicating liquor license. A retail "Class B"
intoxicating liquor license, when issued by the Village Clerk-Treasurer
under authority of the Village Board, shall permit its holder to sell,
deal and traffic in intoxicating liquors to be consumed by the glass
only on the premises so licensed and in the original package or container
in multiples not to exceed four liters at any one time, to be consumed
off the premises, except that wine may be sold in the original package
or otherwise in any other quantity to be consumed off the premises.
C.
Class "A" fermented malt beverage retailer's license. A Class "A"
retailer's fermented malt beverage license, when issued by the Village
Clerk-Treasurer under the authority of the Village Board, shall entitle
the holder thereof to possess, sell or offer for sale fermented malt
beverages only for consumption away from the premises where sold and
in the original packages, containers or bottles. Such license may
be issued after July 1. The license shall expire on the following
June 30.
D.
Class "B" fermented malt beverage retailer's license.
(1)
License. A Class "B" fermented malt beverage retailer's license,
when issued by the Village Clerk-Treasurer under the authority of
the Village Board, shall entitle the holder thereof to possess, sell
or offer for sale fermented malt beverages either to be consumed upon
the premises where sold or away from such premises. The holder may
also sell beverages containing less than 0.5% of alcohol by volume
without obtaining a special license to sell such beverages. Such license
may be issued after July 1. The license shall expire on the following
June 30.
(2)
Application. Class "B" licenses may be issued to any person qualified
under § 125.04(5), Wis. Stats. Such licenses may not be
issued to any person acting as agent for or in the employ of another,
except that this restriction does not apply to a hotel or restaurant
which is not a part of or located on the premises of any mercantile
establishment, or to a bona fide club, society or lodge that has been
in existence for at least six months before the date of application.
A Class "B" license for a hotel, restaurant, club, society or lodge
may be issued in the name of an officer who shall be personally responsible
for compliance with this article. Except as provided in § 125.295,
Wis. Stats., Class "B" licenses may not be issued to brewers or brewpubs.[1]
E.
Temporary Class "B" fermented malt beverage license.
(1)
License. As provided in § 125.26(1) and (6), Wis. Stats.,
temporary Class "B" fermented malt beverage licenses may be issued
to bona fide clubs, to county or local fair associations or agricultural
societies, to churches, lodges or societies that have been in existence
for at least six months before the date of application and to posts
of veterans' organizations authorizing the sale of fermented malt
beverages at a particular picnic or similar gathering, at a meeting
of the post, or during a fair conducted by the fair association or
agricultural society. A license issued to a county or district fair
licenses the entire fairgrounds where the fair is being conducted
and all persons engaging in retail sales of fermented malt beverages
from leased stands on the fairgrounds. The county or district fair
to which the license is issued may lease stands on the fairgrounds
to persons who may engage in retail sales of fermented malt beverages
from the stands while the fair is being held. Such license is valid
for dates as approved by the Village Board.
(2)
Application. Application for such license shall be signed by the
president or corresponding officer of the society or association making
such application and shall be filed with the Village Clerk-Treasurer
together with the appropriate license fee for each day for which the
license is sought. Any person fronting for any group other than the
one applied for shall, upon conviction thereof, be subject to a forfeiture
of not less than $100 and not more than $1,000 and will be ineligible
to apply for a temporary Class "B" license for one year. The license
shall specify the hours and dates of license validity. The application
shall be filed a minimum of 15 days prior to the meeting of the Village
Board at which the application will be considered for events of more
than three consecutive days. If the application is for a license to
be used in a Village park, the applicant shall specify the main point-of-sale
facility.[2]
F.
Temporary "Class B" wine license.[3]
(1)
License. Notwithstanding § 125.68(3), Wis. Stats., temporary
"Class B" licenses may be issued to bona fide clubs, to county or
local fair associations or agricultural societies, to churches, lodges
or societies that have been in existence for at least six months before
the date of application and to posts of veterans' organizations authorizing
the sale of wine in an original package, container or bottle or by
the glass if the wine is dispensed directly from an original package,
container or bottle at a particular picnic or similar gathering, at
a meeting of the post, or during a fair conducted by the fair association
or agricultural society. No fee may be charged to a person who, at
the same time, applies for a temporary Class "B" beer license under
§ 125.26(6), Wis. Stats., for the same event. A license
issued to a county or district fair licenses the entire fairgrounds
where the fair is being conducted and all persons engaging in retail
sales of wine from leased stands on the fairgrounds. The county or
district fair to which the license is issued may lease stands on the
fairgrounds to persons who may engage in retail sales of wine from
the stands while the fair is being held.
(2)
Application. Application for such license shall be signed by the
president or corresponding officer of the society or association making
such application and shall be filed with the Village Clerk-Treasurer
together with the appropriate license fee for each day for which the
license is sought. Any person fronting for any group other than the
one applied for shall, upon conviction thereof, be subject to a forfeiture
of not less than $100 and not more than $1,000 and will be ineligible
to apply for a temporary "Class B" wine license for one year. The
license shall specify the hours and dates of license validity. The
application shall be filed a minimum of 15 days prior to the meeting
of the Village Board at which the application will be considered for
events of more than three consecutive days. If the application is
for a license to be used in a Village park, the applicant shall specify
the main point-of-sale facility.[4]
G.
Retail "Class C" license.
(1)
In this subsection, "barroom" means a room that is primarily used
for the sale or consumption of alcohol beverages.
(2)
A "Class C" license authorizes the retail sale of wine by the glass
or in an opened original container for consumption on the premises
where sold.
(3)
A "Class C" license may be issued to a person qualified under § 125.04(5),
Wis. Stats., for a restaurant in which the sale of alcohol beverages
accounts for less than 50% of gross receipts and which does not have
a barroom if the municipality's quota prohibits the municipality from
issuing a "Class B" license to that person. A "Class C" license may
not be issued to a foreign corporation or a person acting as agent
for or in the employ of another.
(4)
A "Class C" license shall particularly describe the premises for
which it is issued.
There shall be the following classes of licenses which, when issued by the Village Clerk-Treasurer under the authority of the Village Board after payment of the license fee and publication costs hereinafter specified, shall permit the holder to sell, deal or traffic in intoxicating liquors or fermented malt beverages as provided in § 220-4 of this article and Ch. 125, Wis. Stats.:
A.
Class "A" fermented malt beverages retailer's license. The annual
fee for this license shall be as set by the Village Board. The fee
for a license for less than 12 months shall be prorated according
to the number of months or fraction thereof for which the license
is issued.
B.
"Class A" intoxicating liquor retailer's license. The annual fee
for this license shall be as set by the Village Board.
C.
Class "B" fermented malt beverage license. The annual fee for this
license shall be as set by the Village Board. This license may be
issued at any time for six months in any calendar year, for which
50% of the applicable license fee shall be paid, but such license
shall not be renewable during the calendar year in which issued. The
fee for a license for less than 12 months shall be prorated according
to the number of months or fraction thereof for which the license
is issued.
D.
"Class B" intoxicating liquor license. The annual fee for this license
shall be as set by the Village Board. This license may be issued at
any time for six months in any calendar year, for which 50% of the
applicable license fee shall be paid, but such license shall not be
renewable during the calendar year in which issued.
E.
Temporary Class "B" fermented malt beverage license. The fee for
this license shall be as set by the Village Board.
F.
Temporary "Class B" wine license. The fee for this license shall
be as set by the Village Board. However, there shall be no fee if
the temporary wine license is obtained along with a temporary fermented
malt beverage license.
G.
"Class C" wine license. The annual fee for this license shall be
as set by the Village Board. The fee for less than 12 months shall
be prorated.
[Amended 2-7-2011]
A.
Contents. Application for a license to sell or deal in intoxicating
liquor or fermented malt beverages shall be made in writing on the
form prescribed by the Wisconsin Department of Revenue and shall be
sworn to by the applicant as provided by §§ 887.01
to 887.03, Wis. Stats., and shall be filed with the Village Clerk-Treasurer
not less than 15 days prior to the granting of such license. The premises
shall be physically described to include every room and storage space
to be covered by the license, including all rooms not separated by
a solid wall or joined by connecting entrances.
B.
Corporations. Such application shall be filed and sworn to by the
applicant, if an individual, or by the president and secretary, if
a corporation.
C.
Publication. The Village Clerk-Treasurer shall publish each application
for a Class "A," Class "B," "Class A," "Class B" or "Class C" license.
There is no publication requirement for temporary Class "B" picnic
beer licenses under § 125.26, Wis. Stats., or temporary
"Class B" picnic wine licenses under § 125.51(10), Wis.
Stats. The application shall be published once in the official Village
newspaper, and the costs of publication shall be paid by the applicant
at the time the application is filed, as determined under § 985.08,
Wis. Stats.
D.
Amending application. Whenever anything occurs to change any fact
set out in the application of any licensee, such licensee shall file
with the issuing authority a notice in writing of such change within
10 days after the occurrence thereof.
E.
Quota.
(1)
Number of Class "A" fermented malt beverages licenses. The number
of persons and places that may be granted Class "A" fermented malt
beverages licenses under this article shall be and hereby is limited
as follows: One such license may be granted to and issued for each
400 inhabitants, or fraction thereof, in the Village of Randolph,
such population to be determined by the last preceding national census
or official estimate thereof made by the Bureau of Census of the United
States government.
(2)
Number of Class "B" fermented malt beverages licenses. The number
of persons and places that may be granted Class "B" fermented malt
beverages licenses under this article shall be and hereby is limited
as follows: One such license may be granted to and issued for each
500 inhabitants, or fraction thereof, in the Village of Randolph,
such population to be determined by the last preceding national census
or official estimate thereof made by the Bureau of Census of the United
States government.
(3)
Number of "Class B" intoxicating liquor licenses. The number of persons
and places that may be granted retail "Class B" intoxicating liquor
licenses under this article shall be and hereby is limited as follows:
One such license may be granted to and issued for each 500 inhabitants,
or fraction thereof, in the Village of Randolph, such population to
be determined by the last preceding national census or official estimate
thereof made by the Bureau of Census of the United States government,
except the number of licenses issued and in force may be the same
as on August 27, 1939 (plus annexations or less detachments).
(4)
Number of "Class A" intoxicating liquor licenses. The number of persons
and places that may be granted "Class A" intoxicating liquor licenses
under this article shall be and hereby is limited as follows: One
such license may be granted to and issued for each 400 inhabitants,
or fraction thereof, in the Village of Randolph, such population to
be determined by the last preceding national census or official estimate
thereof made by the Bureau of Census of the United States government,
except the number of licenses issued and in force may be the same
as on August 27, 1939 (plus annexations or less detachments).
A.
Residence requirements. A retail Class "A" or Class "B" fermented
malt beverage or "Class A" or "Class B" intoxicating liquor license
shall be granted only to persons who are citizens of the United States
and who have been residents of the State of Wisconsin continuously
for at least 90 days prior to the date of the application.
B.
Applicant to have malt beverage license. No retail "Class B" intoxicating
liquor license shall be issued to any person who does not have or
to whom is not issued a Class "B" retailer's license to sell fermented
malt beverages.
C.
Right to premises. No applicant will be considered unless he/she
has the right to possession of the premises described in the application
for the license period, by lease or by deed.
E.
Corporate restrictions.
(1)
No license or permit may be issued to any corporation unless the
corporation meets the qualifications under § 125.04(5)(a)1
and 4 and (b), Wis. Stats., unless the agent of the corporation appointed
under § 125.04(6), Wis. Stats., and the officers and directors
of the corporation meet the qualifications of § 125.04(5)(a)1
and 3 and (b), Wis. Stats., and unless the agent of the corporation
appointed under § 125.04(6), Wis. Stats., meets the qualifications
under § 125.04(5)(a)2 and 5. The requirement that the corporation
meet the qualifications under § 125.04(5)(a)1 and (b) does
not apply if the corporation has terminated its relationship with
all of the individuals whose actions directly contributed to the conviction.
(2)
Each corporate applicant shall file with its application for such
license a statement by its officers showing the names and addresses
of the persons who are stockholders together with the amount of stock
held by such person or persons. It shall be the duty of each corporate
applicant and licensee to file with the Village Clerk-Treasurer a
statement of transfers of stock within 48 hours after such transfer
of stock.
(3)
Any license issued to a corporation may be revoked in the manner
and under the procedure established in § 125.12, Wis. Stats.,
when more than 50% of the stock interest, legal or beneficial, in
such corporation is held by any person or persons not eligible for
a license under this article or under the state law.
F.
Sales tax qualification. All applicants for retail licenses shall
provide proof, as required by § 77.61(11), Wis. Stats.,
that they are in good standing for sales tax purposes (i.e., hold
a seller's permit) before they may be issued a license.
G.
Connecting premises. Except in the case of hotels, no person may
hold both a "Class A" license and either a "Class B" license or permit,
a Class "B" license or permit, or a "Class C" license for the same
premises or for connecting premises. Except for hotels, if either
type of license or permit is issued for the same or connecting premises
already covered by the other type of license or permit, the license
or permit last issued is void. If both licenses or permits are issued
simultaneously, both are void.
H.
Limitations on other business; Class "B" premises. No Class "B" license
or permit may be granted for any premises where any other business
is conducted in connection with the premises, except that this restriction
does not apply if the premises for which the Class "B" license or
permit is issued is connected to premises where other business is
conducted by a secondary doorway that serves as a safety exit and
is not the primary entrance to the Class "B" premises. No other business
may be conducted on premises operating under a Class "B" license or
permit. These restrictions do not apply to any of the following:
(1)
A hotel.
(2)
A restaurant, whether or not it is a part of or located in any mercantile
establishment.
(3)
A combination grocery store and tavern.
(4)
A combination sporting goods store and tavern in towns, villages
and fourth-class cities.
(5)
A combination novelty store and tavern.
(6)
A bowling alley or recreation premises.
(7)
A club, society or lodge that has been in existence for six months
or more prior to the date of filing application for the Class "B"
license or permit.
The Village Clerk-Treasurer shall notify the Chief of Police,
Fire Inspector and Building Inspector (and, as appropriate, pertinent
law enforcement agencies) of each new application, and these officials
shall inspect or cause to be inspected each application and the premises,
together with such other investigation as shall be necessary to determine
whether the applicant and the premises sought to be licensed comply
with the regulations, ordinances and laws applicable thereto, including
those governing sanitation in restaurants, and whether the applicant
is a proper recipient of a license. These officials shall furnish
to the Village Clerk-Treasurer, in writing, who shall forward to the
Village Board, the information derived from such investigation, accompanied
by a recommendation as to whether a license should be granted or refused.
No license shall be renewed without a reinspection of the premises
and report as originally required.
A.
No license shall be granted for operation on any premises or with
any equipment for which taxes, assessments, forfeitures or other financial
claims of the Village are delinquent and unpaid.
B.
No license shall be issued unless the premises conforms to the sanitary,
safety and health requirements of the State Building Code and the
regulations of the State Department of Health Services applicable
to restaurants. The premises must be properly lighted and ventilated,
must be equipped with separate sanitary toilet and lavatory facilities
equipped with running water for each sex and must conform to all ordinances
of the Village.[1]
C.
Consideration for the granting or denial of a license will be based
on:
(1)
Arrest and conviction record of the applicant, subject to the limitations
imposed by §§ 111.321, 111.322, and 111.335, Wis. Stats.;
(2)
The financial responsibility of the applicant;
(3)
The appropriateness of the location and the premises where the licensed
business is to be conducted; and
(4)
Generally, the applicant's fitness for the trust to be reposed.
D.
An application may be denied based upon the applicant's arrest and
conviction record if the applicant has been convicted of a felony
(unless duly pardoned) or if the applicant has habitually been a law
offender. For purposes of this licensing procedure, "habitually been
a law offender" is generally considered to be an arrest or conviction
of at least two offenses which are substantially related to the licensed
activity within the five years immediately preceding the license application.
Because a license is a privilege, the issuance of which is a right
granted solely to the Village Board, the Village Board reserves the
right to consider the severity and facts and circumstances of the
offense when making the determination to grant, deny or not renew
a license. Further, the Board, at its discretion, may, based upon
an arrest or conviction record of two or more offenses which are substantially
related to the licensed activity within the five years immediately
preceding, act to suspend such license for a period of one year or
more.
A.
Opportunity shall be given by the governing body to any person to
be heard for or against the granting of any license. Upon the approval
of the applicant by the Village Board, the Village Clerk-Treasurer
shall issue to the applicant a license, upon payment by the applicant
of the license fee to the Village.[1]
B.
If the Village Board denies the license, the applicant shall be notified
in writing, by registered mail or personal service, of the reasons
for the denial. The notice shall also inform the applicant of the
opportunity to appear before the Village Board and to provide evidence
as to why the denial should be reversed. In addition, the notice shall
inform the applicant that the reconsideration of the application shall
be held in closed session, pursuant to § 19.85(1)(b), Wis.
Stats., unless the applicant requests such reconsideration be held
in open session and the Village Board consents to the request. Such
written notice shall be mailed or served upon the applicant at least
10 days prior to the Village Board meeting at which the application
is to be reconsidered.
A.
In accordance with the provisions of § 125.04(12), Wis.
Stats., a license shall be transferable from one premises to another
if such transfer is first approved by the Village Board. An application
for transfer shall be made on a form furnished by the Village Clerk-Treasurer.
Proceedings for such transfer shall be had in the same form and manner
as the original application. The fee for such transfer is prescribed
by § 125.04(12), Wis. Stats. Whenever a license is transferred,
the Village Clerk-Treasurer shall forthwith notify the Wisconsin Department
of Revenue of such transfer. In the event of the sale of a business
or business premises of the licensee, the purchaser of such business
or business premises must apply to the Village for reissuance of said
license, and the Village, as the licensing authority, shall in no
way be bound to reissue said license to said subsequent purchaser.[1]
B.
Whenever the agent of a corporate holder of a license is for any
reason replaced, the licensee shall give the Village Clerk-Treasurer
written notice of said replacement, the reasons therefor and the new
appointment. Until the next regular meeting or special meeting of
the Village Board, the successor agent shall have the authority to
perform the functions and be charged with the duties of the original
agent. However, said license shall cease to be in effect upon receipt
by the Village Clerk-Treasurer of notice of disapproval of the successor
agent by the Wisconsin Department of Revenue or other peace officer
of the municipality in which the license was issued. The corporation's
license shall not be in force after receipt of such notice or after
a regular or special meeting of the Village Board until the successor
agent or another qualified agent is appointed and approved by the
Village.
All licenses shall be numbered in the order in which they are
issued and shall state clearly the specific premises for which granted,
the date of issuance, the fee paid and the name of the licensee.
A.
Every person licensed in accordance with the provisions of this article
shall immediately post such license and keep the same posted while
in force in a conspicuous place in the room or place where said beverages
are drawn or removed for service or sale.
B.
It shall be unlawful for any person to post such license or to be
permitted to post it upon premises other than those mentioned in the
application or knowingly to deface or destroy such license.
All retail Class "A," Class "B," "Class A," "Class B" and "Class
C" licenses granted hereunder shall be granted subject to the following
conditions, and all other conditions of this article, and subject
to all other ordinances and regulations of the Village applicable
thereto:
A.
Consent to entry. Every applicant procuring a license thereby consents
to the entry of law enforcement authorities or duly authorized representatives
of the Village at all reasonable hours for the purpose of inspection
and search and consents to the removal from said premises of all things
and articles there had in violation of Village ordinances or state
laws and consents to the introduction of such things and articles
in evidence in any prosecution that may be brought for such offenses.
B.
Employment of minors. Except as provided in §§ 125.32(2)
and 125.68(2), Wis. Stats., no retail "Class B" or Class "B" licensee
shall employ any underage person, as defined in the Wisconsin Statutes,
but this shall not apply to hotels and restaurants. Family members
may work on the licensed premises but are not permitted to sell or
dispense alcohol beverages.[1]
C.
Disorderly conduct prohibited. Each licensed premises shall, at all
times, be conducted in an orderly manner, and no disorderly, riotous
or indecent conduct shall be allowed at any time on any licensed premises.
D.
Licensed operator on premises. There shall be upon premises, and
in visual control of such premises, operated under a "Class B," Class
"B" or "Class C" license, at all times, the licensee, members of the
licensee's immediate family who have attained the legal drinking age,
and/or some person who shall have an operator's license and who shall
be responsible for the acts of all persons serving as waiters, or
in any other manner, any fermented malt beverages to customers. No
person other than the licensee shall serve fermented malt beverages
in any place operated under a "Class B," Class "B" or "Class C" license
unless he possesses an operator's license, or there is a person with
an operator's license upon said premises at the time of such service.
E.
Health and sanitation regulations. The rules and regulations of the
State Department of Health Services governing sanitation in restaurants
shall apply to all "Class B" liquor or "Class C" licenses issued under
this article. No "Class B" or "Class C" license shall be issued unless
the premises to be licensed conform to such rules and regulations.[2]
F.
Restrictions near schools and churches. No retail Class "A," Class
"B," "Class A" or "Class B" license shall be issued for premises,
the main entrance of which is less than 300 feet from the main entrance
of any established public school, parochial school, hospital or church.
Such distance shall be measured by the shortest route along the highway
from the closest point of the main entrance of such school, church
or hospital to the main entrance to such premises. This subsection
shall not apply to premises licensed as such on June 30, 1947, nor
shall it apply to any premises licensed as such prior to the occupation
of real property within 300 feet thereof by any school building, hospital
building or church building.
G.
Clubs. No club shall sell or give away any intoxicating liquors except
to bona fide members and guests invited by members.
H.
Gambling prohibited. Except as authorized by state law, no gambling
or games of chance of any sort shall be permitted in any form upon
any premises licensed under this article or the laws of the State
of Wisconsin.
I.
Credit prohibited. No retail Class "A," Class "B," "Class A," "Class
B" or "Class C" liquor, wine, or fermented malt beverage licensee
shall sell or offer for sale any alcohol beverage to any person or
persons by extending credit, except hotel credit extended to a resident
guest or a club to a bona fide member. It shall be unlawful for such
licensee or permittee to sell alcohol beverages to any person on a
passbook or store order or to receive from any person any goods, wares,
merchandise or other articles in exchange for alcohol beverages.
J.
Licensee or permittee responsible for acts of help. A violation of
this article by a duly authorized agent or employee of a licensee
or permittee under this article shall constitute a violation by the
licensee or permittee. Whenever any licensee or permittee under this
article shall violate any portion of this article, proceedings for
the suspension or revocation of the license or permit of the holder
thereof may be instituted in the manner prescribed in this article.
K.
Improper exhibitions.
(1)
Purpose.
(a)
The 21st Amendment to the United States Constitution grants
to the states the authority to regulate the sale of alcohol beverages;
(b)
Section 125.10(1), Wis. Stats., authorizes local municipalities
to prescribe additional regulations for the sale of alcohol beverages
which are not in conflict with Ch. 125, Wis. Stats.;
(c)
The Village Board, upon due consideration, finds that nudity
and near nudity and sexual conduct are proper subjects for regulation
in connection with the control of the sale of alcohol beverages within
the Village of Randolph;[3]
(d)
The Village Board further finds that any form of nudity coupled
with alcohol consumption in a public place begets undesirable behavior,
and that there is a relationship between the consumption of alcohol
beverages and nudity and an increase in criminal activities, moral
degradation and the disturbances of the peace and the good order of
the community. Concurrence of nudity and alcohol beverages is hazardous
to the health and the safety of those in attendance and tends to depreciate
the value of adjoining property and to harm the economic welfare of
the community as a whole. When there is concurrence of nudity and
consumption of alcohol beverages, other activities which are illegal,
immoral or unhealthy tend to accompany them, concentrate around them,
and be aggravated by them. Such other activities include but are not
limited to prostitution, solicitation for prostitution, lewd and lascivious
behavior, possession, distribution and transportation of obscene materials,
sale or possession of controlled substances and violent crimes against
persons and property; and[4]
(2)
It shall be unlawful for any person to perform or for any licensee
or manager or agent of the licensee to permit any employee, entertainer
or patron to engage in any live act, demonstration, dance or exhibition
on the licensed premises which:
(a)
Exposes his or her genitals, pubic hair, buttocks, perineum,
anal region or pubic hair region; or
(b)
Exposes any device, costume or covering which gives the appearance
of or simulates genitals, pubic hair, buttocks, perineum, anal region
or pubic hair region; or
(c)
Exposes any portion of the female breast at or below the areola
thereof; or
(d)
Engages in or simulates sexual intercourse and/or any sexual
contact, including the touching of any portion of the female breast
or the male and/or female genitals.
Closing hours shall be established in conformance with §§ 125.32(3)
and 125.68(4), Wis. Stats., and further restricted as follows:
A.
Class "B," "Class B" and "Class C" licenses.
(1)
No premises for which a retail "Class B" liquor, Class "B" fermented
malt beverage, or "Class C" wine license has been issued shall be
permitted to remain open for the sale of liquor or fermented malt
beverages or for any other purpose between the hours of 2:00 a.m.
and 6:00 a.m., Monday through Friday, and 2:30 a.m. and 6:00 a.m.,
Saturday and Sunday. There shall be no closing hours on January 1.
(2)
Hotels and restaurants, the principal business of which is the furnishing of food or lodging to patrons, bowling alleys, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but shall not sell liquor or malt beverages during the closing hours of Subsection A(1) above.
B.
Carry-out hours.
(1)
Between
12:00 midnight and 6:00 a.m., no person may sell, remove, carry out
or permit to be removed or carried out from any premises having a
Class "A" license fermented malt beverages in original unopened packages,
containers or bottles or for consumption away from the premises.
(2)
Between
9:00 p.m. and 6:00 a.m., no person may sell, remove, carry out or
permit to be removed or carried out from any premises having a "Class
A" license intoxicating liquor in original unopened packages, containers
or bottles or for consumption away from the premises.
(3)
Between
12:00 midnight and 6:00 a.m., carry-out shall be prohibited on any
premises having a "Class B" liquor or Class "B" fermented malt beverage
license.
It shall be unlawful for any person or organization on a temporary
basis to sell or offer to sell any alcohol beverage upon any Village-owned
property or privately owned property within the Village of Randolph,
except through the issuance of a temporary Class "B" fermented malt
beverage license or temporary "Class B" wine license issued by the
Village Board in accordance with Wisconsin Statutes and as set forth
in this section. A temporary Class "B" fermented malt beverage license
or temporary "Class B" wine license authorizing the sale and consumption
of beer and/or wine on Village-owned property or privately owned property
may be authorized by the Village Board, provided the following requirements
are met:
A.
Compliance with eligibility standards. The organization shall meet the eligibility requirements of a bona fide club, association, lodge or society as set forth in § 125.26(6), Wis. Stats., and shall fully comply with the requirements of this section and Article II of this chapter. Members of an organization which is issued a temporary license and who are issued operator's licenses for the event may be required to attend a pre-event informational meeting to learn what rules and regulations apply and what the responsibilities of the bartenders and organization will be.
B.
Posting of signs and licenses. All organizations issued a temporary
license shall post in a conspicuous location at the main point of
sale and at all remote points of sale a sufficient number of signs
stating that no fermented malt beverage shall be served to any underage
person without proper identification.
C.
Fencing.
(1)
If necessary due to the physical characteristics of the site, the
Village Board may require that organizations install a double fence
around the main point of sale to control ingress and egress and continually
station a licensed operator, security guard or other competent person
at the entrance for the purpose of checking age identification. Where
possible, there shall be only one point of ingress and egress. When
required, the double fence shall be a minimum of four feet high and
a minimum of six feet between fences.
(2)
For indoor events, the structure used shall have suitable exits and
open spaces to accommodate anticipated attendance. It should contain
adequate sanitary facilities to accommodate the size of the group.
D.
Underage persons prohibited. No underage persons as defined by the Wisconsin Statutes shall be allowed to assist in the sale of fermented malt beverages or wine at any point of sale, nor shall they be allowed to loiter or linger in the area of any point of sale. This subsection shall not apply to a person 18 years of age or older who has been issued an operator's license in accordance with § 220-20 of this article.[1]
E.
Licensed operators requirement. A licensed operator shall be stationed
at all points of sales at all times.
F.
Waiver. The Village Board may waive or modify the requirements of
this section due to the physical characteristics of the licensed site.
G.
Insurance. The applicant for a temporary fermented malt beverage
or wine license may be required to indemnify, defend and hold the
Village and its employees and agents harmless against all claims,
liability, loss, damage or expense incurred by the Village on account
of any injury to or death of any person or any damage to property
caused by or resulting from the activities for which the permit is
granted. As evidence of the applicant's ability to perform the conditions
of the license, the applicant may be required to furnish a certificate
of comprehensive general liability insurance with the Village of Randolph.
The applicant may be required to furnish a performance bond prior
to being granted the license.[2]
A.
Procedure. Whenever the holder of any license under this article violates any portion of this article or Article II of this chapter, proceedings for the revocation of such license may be instituted in the manner and under the procedure established by this section.
B.
Abandonment of premises. Any licensee holding a license to sell alcohol
beverages who abandons such business shall forfeit any right or preference
he may have to the holding of or renewal of such license. Abandonment
shall be sufficient grounds for revocation of any alcohol beverage
license. The closing of the licensed premises for at least six months
shall be prima facie evidence of the abandonment, unless extended
by the Village Board. All persons issued a license to sell alcohol
beverages in the Village for which a quota exists limiting the number
of such licenses that may be issued by the Village shall cause such
business described in such license to be operated on the premises
described in such license for at least 150 days during the terms of
such license, unless such license is issued for a term of less than
180 days, in which event this subsection shall not apply.
C.
License revocation or suspension. License revocation or suspension
procedures shall be as prescribed by Ch. 125, Wis. Stats.
D.
Point values for alcohol beverages violation, revocations and suspensions.
(1)
Purpose and definitions. The purpose of this subsection is to administratively
interpret those portions of this article relating to the establishment
of an alcohol beverage demerit point system to assist in determining
which license holders should be subject to suspension or revocation
procedures.
(2)
Point schedule. The scale of demerit points is listed according to
the type of alcohol beverage violation. This demerit point system
is used to identify habitually troublesome license holders who have
repeatedly violated state statutes and Village ordinances for the
purpose of recommending suspension or revocation of their alcohol
beverage licenses.
[Amended 8-6-2007[1]]
|
Type of Violation
|
Point Value
| |
|---|---|---|
|
Sale of controlled substance on licensed premises
|
200
| |
|
Sale of alcohol beverages without license or permit; possession
of controlled substances without a valid prescription; possession
of drug paraphernalia on licensed premises
|
100
| |
|
Sale of alcohol beverages to underage person
|
50
| |
|
Sale of alcohol beverages to intoxicated person
|
50
| |
|
Underage person on premises
|
50
| |
|
Intoxicated bartender; disorderly conduct on premises
|
50
| |
|
After-hours consumption
|
50
| |
|
Refusal to allow police to search premises or refusal to cooperate
with lawful police investigation
|
50
| |
|
Licensee, agent or operator not on premises at all times
|
25
| |
|
Persons on premises after closing hours
|
25
| |
|
Violations of carry-out hours
|
25
| |
|
Licensee permitting person to leave licensed premises with open
alcohol beverage
|
25
| |
|
All other violations of this article
|
25
|
(3)
Calculation of violations. In determining the accumulated demerit
points against a licensee within 12 months, the Village shall use
the date each violation was committed as the basis for the determination.
(4)
Suspension or revocation of license.
(a)
The Village Board shall call before it for purposes of revocation
or suspension hearing all licensees who have accumulated 200 points
in a twelve-month period as a result of court-imposed convictions.
(b)
If the demerit point accumulation calculated from the date of
violation amounts to 200 points in a twelve-month period, a suspension
of 30 days shall be imposed. If the demerit point accumulation is
250 points (calculated from the date of violation) in a twenty-four-month
period, a suspension of 60 days shall be imposed. If the demerit point
accumulation in a thirty-six-month period is 300 points, the suspension
shall be for the maximum allowed by law, which is 90 days. If the
license is revoked, no other license shall be granted to such licensee
or for such premises for a period of 12 months from the date of revocation.
The presence of underage persons on a licensed premises as provided
under § 125.07(3)(a)10, Wis. Stats., shall be subject to
the following:
A.
The licensee or agent of a corporate licensee shall notify the Police
Department at least 48 hours in advance of the date of any event at
which underage persons will be present on the licensed premises. Each
such nonalcohol event notice shall specify the date(s) on which the
event is to occur and the time(s) of commencement. All notices shall
be filed with the Police Department during normal working hours (8:00
a.m. to 5:00 p.m., Monday through Friday) and shall be given on forms
prescribed by the Village. After a nonalcohol event notice has been
given, the licensee may cancel an event(s) only by giving like notice
to the Police Department in accordance with the provisions of this
subsection. Regardless of the date given, all notices shall expire
and be deemed canceled no later than the date of expiration or revocation
of the applicable retail Class "B," "Class B" or "Class C" license.
B.
During the period of any nonalcohol event, a notice card prescribed
by the Police Department shall be posted at all public entrances to
the licensed premises notifying the general public that no alcohol
beverages may be consumed, sold or given away on or carried into the
licensed premises during the event. Such notice cards shall be made
available by the Village to a requesting licensee.
C.
Once a nonalcohol event has commenced, no alcohol beverages may be
consumed, sold or given away on or carried into the licensed premises
until the next day following the closing hours of the licensed premises.
D.
During the period of any nonalcohol event, all alcohol beverages
shall be stored in a locked portion of the licensed premises in a
secure place out of the sight and physical reach of any patron present
and shall be under the direct and immediate control and supervision
of the licensee or a licensed bartender in the employ of the licensee.
All beer taps and automatic dispensers of alcohol beverages ("speed
guns") shall be either disconnected, disabled or made inoperable.
A.
Purpose. The Village Board finds that restrictions are necessary
for outdoor beer gardens and sports activities at premises holding
"Class B" and Class "B" liquor and fermented malt beverage licenses
due to concerns arising from noise, density and related problems.
This section enacted pursuant to police power provides a framework
for regulatory controls on such outdoor sports and beer garden activities.
B.
Approval required.
(1)
Generally. No licensee shall conduct or sponsor any outdoor sports
activity or event or beer garden on property forming any part of the
real property on which the licensed premises exists without the prior
approval of the Village Board.
(2)
Permit required for beer garden outdoor consumption. No licensee
shall permit the consumption of alcohol beverages on any part of the
licensed premises not enclosed within the building, except under a
beer garden permit granted by the Village Board. The permits are a
privilege in which no rights vest and, therefore, may be revoked by
the Village Board at its pleasure at any time or shall otherwise expire
on June 30 of each year. No person shall consume or have in his or
her possession alcohol beverages on any unenclosed part of a licensed
premises which is not described in a valid beer garden permit.
C.
Application. If a licensee shall conduct or sponsor any outdoor sports
activity or event or beer garden on the licensee's property, the licensee
shall file an application with the Clerk-Treasurer setting forth the
following information:
(1)
The name, address and telephone number of the person or persons who
will be responsible for the actual conduct of the activity or event;
(2)
The date and duration of time for the proposed activity or event;
(3)
An accurate description of that portion of the licensee's property
proposed to be used;
(4)
A good faith estimate of the number of users, participants and spectators
for the beer garden or proposed activity or event; and
(5)
The licensee's plan for maintaining the cleanliness of the licensed
area.
D.
Time for filing. The licensee shall file the application not less
than 15 days before the date of the proposed activity or event. The
Village Board may waive the fifteen-day time limit upon a licensee's
showing of exigent circumstances. The application shall be accompanied
by payment of a fee as set by the Village Board for review of the
application. The applicant may request that an annual permit be issued
for the beer garden or outdoor sports activities.
[Amended 5-5-2014 by Ord.
No. 406]
E.
Review. The Village Board shall review the application in light of
the standards of this section. If the nature of the property or the
event requires the imposition of additional regulations, the Village
Board may impose these regulations upon an express finding detailing
the reasons for additional regulation. All property owners within
150 feet of the proposed beer garden or outside sports facility shall
be notified of the pendency of application for a permit by first-class
mail.
F.
Outdoor sports activity standards. The following standards shall
apply to any outdoor sports activity regulated under this section:
(1)
Approval of an application shall not act to permit outdoor consumption
of alcohol beverages on the property beyond the area specifically
licensed.
(2)
If the estimated number of participants and spectators shall bring
the number of persons on the property above the number for which licensed
premises' restroom facilities are rated adequate, the licensee shall
provide a number of portable temporary restrooms sufficient to serve
the estimated number of persons.
(3)
The Village Board shall not grant approval to any applicant whose
property on which the activity or event is proposed is adjacent to
any property zoned residential or on which a residential use exists
as a nonconforming use, or within 100 feet of any property zoned residential
or on which a residential use exists as a nonconforming use. Fencing
may be required.
(4)
The applicant shall provide parking adequate for the proposed activity
or event, whether on site or through agreements with property owners
shown to the Village Board's satisfaction to permit their property
to be used for parking for the proposed activity or event.
(5)
The applicant shall show the Village Board plans adequate to provide
reasonable access to participants and spectators for the event and
to limit access for all other persons.
(6)
The licensee shall clean up all garbage and debris relating to the
activity or event at least once per 24 hours during the activity or
event.
(7)
The licensee shall not permit the noise level of the sports activity
or event to exceed 75 dB, measured at any border of the licensee's
real property.
G.
Limitations on issuance of beer garden permits. No permit shall be
issued for a beer garden if the beer garden area is greater than 50%
of the gross floor area of the adjoining licensed premises. Each applicant
for a beer garden permit shall accurately describe the area intended
for use as a beer garden and shall indicate the nature of fencing
or other measures intended to provide control over the operation of
a beer garden. Every beer garden shall be completely enclosed with
a solid fence or wall not less than six feet in height. Amplified
sound or music is not permitted in the beer garden. The sale of alcoholic
beverages is not permitted within the beer garden. All sales of alcoholic
beverages will take place inside the licensed premises. The hours
of operation for beer gardens will be between the hours of 10:00 a.m.
and 11:00 p.m.
[Amended 6-7-2021 by Ord. No. 429]
H.
State statutes enforced within beer garden. Every permittee under
this section shall comply with and enforce all provisions of Ch. 125,
Wis. Stats., applicable to Class "B" licensed premises, except insofar
as such provisions are clearly inapplicable. Violation of the provisions
of Ch. 125, Wis. Stats., shall be grounds for immediate revocation
of the outdoor sports activity or beer garden permit by the Village
Board.
I.
Violations. Failure of the licensee to comply with any of the provisions
of this section shall be grounds for suspension, nonrenewal or revocation
of the licensee's alcohol beverage license or licenses.[1]
[1]
Editor's Note: Original § 7-2-20, Dancing in licensed
establishments, which immediately followed this section, was repealed
5-5-2014 by Ord. No. 406.
A.
Operator's
license required.
(1)
Operator's licenses; Class "A," Class "B" or "Class C" premises.
Except as provided under §§ 125.32(3)(b) and 125.07(3)(a)10,
Wis. Stats., no premises operated under a Class "A," Class "B" or
"Class C" license or permit may be open for business unless there
is upon the premises the licensee or permittee, the agent named in
the license or permit if the licensee or permittee is a corporation,
or some person who has an operator's license and who is responsible
for the acts of all persons serving any fermented malt beverages to
customers. An operator's license issued in respect to a vessel under
§ 125.27(2), Wis. Stats., is valid outside the municipality
that issues it. For the purpose of this section, any person holding
a manager's license under § 125.18, Wis. Stats., or any
member of the licensee's or permittee's immediate family who has attained
the age of 18, shall be considered the holder of an operator's license.
No person, including a member of the licensee's or permittee's immediate
family, other than the licensee, permittee or agent, may serve fermented
malt beverages in any place operated under a Class "A," Class "B"
or "Class C" license or permit unless he or she has an operator's
license or is at least 18 years of age and is under the immediate
supervision of the licensee, permittee, agent or a person holding
an operator's license, who is on the premises at the time of the service.[1]
[1]
Editor's Note: Original § 7-2-30(b), Use by another
prohibited, which immediately followed this subsection, was repealed
5-52014 by Ord. No. 406.
B.
Procedure
upon application.
(1)
The Village Board may issue an operator's license, which license
shall be granted only upon application in writing on forms to be obtained
from the Village Clerk-Treasurer only to persons 18 years of age or
older. Operator's licenses shall be operative only within the limits
of the Village.
(2)
All applications are subject to an investigation by Village-designated
law enforcement authorities and/or other appropriate authority to
determine whether the applicant and/or premises to be licensed complies
with all regulations, ordinances and laws applicable thereto. The
investigating authority shall conduct an investigation of the applicant,
including, but not limited to, requesting information from the state,
surrounding municipalities, and/or any community where the applicant
has previously resided concerning the applicant's arrest and conviction
record. Based upon such investigation, the investigating authority
shall recommend, in writing, to the Village Board approval or denial
of the application. If the investigating authority recommends denial,
the investigating authority shall provide, in writing, the reasons
for such recommendation.
C.
Duration.
Licenses issued under the provisions of this article shall be valid
for a period of one year and shall expire on the 30th day of June.
[Amended 6-7-2021 by Ord. No. 429]
D.
Operator's
license fee; provisional or temporary licenses.
(1)
Fees. The fees for an original operator's license and a renewal operator's
license, the nonrefundable fee for a provisional operator's license
and the fee for a temporary operator's license shall be as set by
the Village Board.
[Amended 12-3-2012 by Ord. No. 401; 5-5-2014 by Ord. No. 406]
(2)
Provisional license. The Village Clerk-Treasurer may issue provisional
operator's licenses in accordance with § 125.17(5), Wis.
Stats. The provisional operator's license shall expire 60 days after
its issuance or when an operator's license is issued to the holder,
whichever is sooner. The Chief of Police shall submit to the Clerk-Treasurer
a report regarding the applicant's conviction history, if any. The
applicant for such provisional license must present evidence to the
Clerk-Treasurer establishing that the applicant is enrolled in a responsible
beverage server training course established pursuant to § 125.17(6)(a),
Wis. Stats. The Village Clerk-Treasurer may, upon receiving an application
for a temporary provisional license, issue such a license without
requiring the successful completion of the approved program as described
herein. However, such temporary license shall be used only for the
purpose of allowing such applicant the privilege of being licensed
as a beverage operator pending his/her successful completion of the
approved program, and the applicant shall also apply for a regular
operator's license. No such provisional operator's license shall be
issued prior to a waiting period of less than 96 hours (four days)
and the completion of a background check subject to limitations established
by law. A provisional license may not be issued to any person who
has been denied an operator's license by the Village Board, who has
had his/her operator's license revoked or suspended within the preceding
12 months, or who previously held an operator's license and who failed
to complete the responsible beverage server training course without
first successfully completing the program. The Village Clerk-Treasurer
shall provide an appropriate application form to be completed in full
by the applicant. The Village-Clerk-Treasurer may revoke the provisional
license issued if he/she discovers that the holder of the license
made a false statement on the application. A provisional license shall
not be renewed.
[Amended 5-2-2005; 5-5-2014 by Ord. No.
406]
(3)
Temporary license. The Village Clerk-Treasurer may issue a temporary
operator's license, provided that:
(a)
This license may be issued only to operators employed by, or
donating their services to, nonprofit corporations.
(b)
No person may hold more than one license of this kind per year.
(c)
The license is valid for any period from one day to 14 days,
and the period for which it is valid shall be stated on the license.
E.
Issuance
or denial of operator's licenses.
(1)
After the Village Board approves the granting of an operator's license,
the Village Clerk-Treasurer shall issue the license. Such licenses
shall be issued and numbered in the order they are granted and shall
give the applicant's name and address and the date of the expiration
of such license.
(2)
Denial of application.
(a)
If the application is denied by the Village Board, the Village
Clerk-Treasurer shall, in writing, inform the applicant of the denial,
the reasons therefor, and of the opportunity to request a reconsideration
of the application by the Village Board in a closed session. Such
notice must be sent by registered mail to, or served upon, the applicant
at least 10 days prior to the Board's reconsideration of the matter.
At such reconsideration hearing, the applicant may present evidence
and testimony as to why the license should be granted.
(b)
If, upon reconsideration, the Board again denies the application,
the Village Clerk-Treasurer shall notify the applicant in writing
of the reasons therefor. An applicant who is denied any license upon
reconsideration of the matter may apply to Circuit Court pursuant
to § 125.12(2)(d), Wis. Stats., for review.
(3)
Considerations; revocation of license.
(a)
Consideration for the granting or denial of a license will be
based on:
[1]
Arrest and conviction record of the applicant, subject to the
limitations imposed by §§ 111.321, 111.322, and 111.335,
Wis. Stats.;
[2]
The financial responsibility of the applicant;
[3]
The appropriateness of the location and the premises where the
licensed business is to be conducted; and
[4]
Generally, the applicant's fitness for the trust to be reposed.
(b)
If a licensee is convicted of an offense substantially related
to the licensed activity, the Village Board may act to revoke or suspend
the license.
(4)
An application may be denied based upon the applicant's arrest and
conviction record if the applicant has been convicted of a felony
(unless duly pardoned) or if the applicant has habitually been a law
offender. For purposes of this licensing procedure, "habitually been
a law offender" is generally considered to be an arrest or conviction
of at least two offenses which are substantially related to the licensed
activity within the five years immediately preceding the license application.
Because a license is a privilege, the issuance of which is a right
granted solely to the Village Board, the Village Board reserves the
right to consider the severity and facts and circumstances of the
offense when making the determination to grant, deny or not renew
a license. Further, the Village Board, at its discretion, may, based
upon an arrest or conviction record of two or more offenses which
are substantially related to the licensed activity within the five
years immediately preceding, act to suspend such license for a period
of one year or more.
F.
Training
course.
(1)
Except as provided in Subsection F(2) below, the Village Board may not issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the Technical College System Board or a comparable training course, which may include computer-based training and testing, that is approved by the Department of Revenue or the Educational Approval Board, or unless the applicant fulfills one of the following requirements:
[Amended 5-5-2014 by Ord.
No. 406]
G.
Display
of license. Each license issued under the provisions of this section
shall be posted on the premises whenever the operator dispenses beverages
or be in his/her possession, or the licensee shall carry a license
card.
[Amended 5-5-2014 by Ord.
No. 406]
H.
Revocation
of operator's license. Violation of any of the terms or provisions
of the state law or of this chapter relating to operator's licenses
by any person holding such operator's license shall be cause for revocation
of the license.
A.
Forfeitures for violations of §§ 125.07(1) to (4) and 125.09(2), Wis. Stats., adopted by reference in § 220-1 of this article, shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable state statute, including any variations or increases for subsequent offenses.
C.
Nothing
herein shall preclude or affect the power of the sentencing court
to exercise additional authorities granted by the Wisconsin Statutes.
[Adopted 10-7-1998 by Ord. No. 351 as § 11-4-1
of the 1998 Code; amended in its entirety at time of adoption of Code
(see Ch. 1, General Provisions, Art. II)]
A.
It shall
be unlawful for any person to sell, serve or give away, or offer to
sell, serve or give away, any alcohol beverage upon any public street,
sidewalk, alley, public parking lot, highway, cemetery or drives or
other public area within the Village of Randolph or on private property
without the owner's consent, except at licensed premises.
B.
It shall
be unlawful for any person to consume or have in his/her possession
any open container containing alcohol beverage upon any public street,
public sidewalk, public way, public alley or public parking lot within
the Village of Randolph.
C.
It shall
be unlawful for any person to consume any alcohol beverages upon any
private property held open for public use within the Village, unless
the property is specifically named as being part of a licensed premises.
A.
The provisions of this article may be waived by the Village Board
for duly authorized events.
B.
This article shall not apply to any organization which has been issued a temporary fermented malt beverage and/or temporary wine license for a designated area and event pursuant to Article I of this chapter, provided that the provisions of this article and Article I of this chapter are fully complied with.
C.
The provisions of this article regarding open consumption of fermented
malt beverages or intoxicating liquor shall not apply within 200 feet
of a parade route which the Village of Randolph has authorized from
one hour prior to the scheduled start of said parade until one hour
after the end of said parade, except that the foregoing exemption
does not extend to any vehicle or unit of the parade, however propelled,
nor to any parade participant for that period of time during which
the vehicle, unit of the parade or person is participating within
the assembly and disembarkment points of the parade.
As used in this article, the following terms shall have the
meanings indicated:
Includes all ardent, spirituous, distilled or vinous liquors,
liquids or compounds, whether medicated, proprietary, patented, or
not, and by whatever name called, as well as all liquors and liquids
made by the alcoholic fermentation of an infusion in potable water
of barley malt and hops, with or without unmalted grains or decorticated
or degerminated grains or sugar, which contain 1/2 of 1% or more of
alcohol by volume and which are fit for use for beverage purposes.
Any location within the Village which is open to access to
persons not requiring specific permission of the owner to be at such
location, including all parking lots serving commercial establishments.
