Town of Pittsfield, WI
Brown County
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Table of Contents
Table of Contents
[Adopted by the Town Board of the Town of Pittsfield 5-13-1997 as § 5.601 of the 1997 Code; amended October 2007. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 179.

§ 13-1 Adoption of state laws. [1]

The provisions of Ch. 125, Wis. Stats., enumerated below and as amended from time to time, exclusive of any provisions relating to any penalty to be imposed or the punishment for the violation of such statutes, unless otherwise indicated, are hereby adopted by reference and made a part of this chapter:
Section
Title
125.02
Definitions
125.04
General licensing requirements
125.07
Underage and intoxicated persons; presence on licensed premises; possession; penalties
125.09
General restrictions
125.12(1), (2) and (3)
Revocations, suspensions, refusals to issue or renew
125.14
Enforcement provisions
125.25
Class "A" licenses
125.26
Class "B" licenses
125.32
General restrictions and requirements (fermented malt beverages)
125.51
Retail licenses and permits
125.67
Evading provisions of law by giving away intoxicating liquor; penalties
125.68
General restrictions and requirements (intoxicating liquor)
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 13-2 Beer garden license.

A. 
License required. No Class "B" licensee, under § 125.26, Wis. Stats., shall permit the sale or consumption of fermented malt beverages outdoors on the property on which his licensed premises, under § 125.26, Wis. Stats., is located in the Town of Pittsfield without first obtaining and maintaining a license under the provisions of this section.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Licensing requirements.
(1) 
Application. Every application for a license required by this section shall be made upon forms provided through the Town Clerk. The Town Clerk shall issue a license to the applicant upon the applicant's compliance with all provisions of the Town of Pittsfield ordinances, approval of the Town Board and upon payment of the proper fee.
(2) 
Beer garden facilities.
(a) 
Annual license. The applicant for an annual license shall provide, under such permits as shall be required by the Zoning Administrator, an outdoor area that meets the following requirements:
[1] 
The location of the beer garden must be entirely within the perimeter of the applicant's property on which the applicant's licensed premises is located.
[2] 
The beer garden must be contiguous and connected to the applicant's licensed premises.
[3] 
The beer garden must be enclosed with a fence not less than 60 inches in height, whose individual strands or members are no more than four inches apart and of sufficient construction so as to preclude passage through such fence, and which fence shall contain only emergency exits. The only other exit or exits from the enclosed area shall be through the licensed premises.
[4] 
The location of the fence on the property shall be subject to all applicable Town of Pittsfield fence setback requirements.
(b) 
Single event license. The applicant for a single event license shall provide an outdoor area that meets the following requirements:
[1] 
The location of the beer garden must be entirely within the perimeter of the applicant's property on which the applicant's licensed premises is located.
[2] 
The beer garden must be enclosed with a temporary fence of not less than 48 inches in height whose individual strands or members are no more than four inches apart so as to preclude passage through such fence except at specifically designated gates or openings.
[3] 
The location of the fence on the property shall be subject to all applicable Town fence setback requirements.
(3) 
Approval of application.
(a) 
In determining the suitability of an application for a license hereunder, consideration shall be given to the business conduct and financial responsibility of the applicant, the appropriateness of the location or premises proposed and, generally, the applicant's fitness for the trust to be reposed.
(b) 
No license shall be issued hereunder unless the applicant's licensed premises conform to sanitary, safety, and health regulations under the state building code.
(4) 
Conditions of the license.
(a) 
Single event time limit. A single event license shall be valid for a time period no greater than seven days.
(b) 
Disorderly conduct prohibited. Each licensee hereunder shall, at all times, conduct his affairs in an orderly manner, and no disorderly, riotous or indecent conduct shall be allowed at any time on any premises licensed hereunder.
(c) 
Noise control. The licensee hereunder shall be responsible for noise control emanating from the beer garden area and shall maintain such area in compliance with Chapter 179, Nuisances, of this Code.
(d) 
Regulatory conditions. The Town Board reserves the right to impose, as conditions precedent to the approval, issuance and granting of any license hereunder, any such other and further condition, requirement or obligation as it, in its sole discretion, deems just and reasonably necessary under the circumstances to preserve and protect the public welfare of the community.
(5) 
License fees.
(a) 
Annual and single event licenses. The fee for the license hereunder shall be outlined in the Town Fee Schedule.[2]
[2]
Editor's Note: The Fee Schedule is on file in the Town offices.
(b) 
Exemptions. The license fee requirements of this section shall not be applicable to single events sponsored by nonprofit organizations in which 50% or more of the proceeds from the single event are to go to the sponsoring nonprofit organization.

§ 13-3 Temporary retail alcohol license.

A. 
Purpose. This section allows the Town Clerk to issue temporary Class "B" beer and temporary "Class B" wine licenses, also known as "picnic licenses," without prior Town Board approval.
B. 
Eligibility. Each applicant must be a bona fide club, county or local fair association, agricultural society, church, lodge or society that has been in existence for at least six months before the date of application or a post of a veterans organization.
(1) 
Licenses may not be issued to individuals.
(2) 
Not more than two temporary "Class B" wine licenses may be issued to any applicant in any twelve-month period. There is no limit on the number of Class "B" beer licenses that can be issued.
C. 
Term. The temporary retail license shall be effective for a single day or a series of consecutive days, as indicated on the license. Each event requires a separate license.
D. 
Waiting period.
(1) 
Applications for a temporary Class "B" beer license for an event lasting less than four days shall be submitted to the Clerk seven days prior to the granting of the license.
(2) 
Applications for a temporary Class "B" beer license for events lasting longer than four days shall be submitted at least seven days prior to the granting of the license.
(3) 
All applications for a "Class B" wine license shall be filed with the Clerk at least seven days prior to the granting of the license.
E. 
Issuance. Upon receiving a completed application for a temporary retail license (AT-315) and the requisite license fee, the Town Clerk shall verify that the applicant meets the legal qualifications necessary to hold the license. Upon being satisfied that the applicant meets the qualifications for the license, the Clerk shall issue the license following completion of the required waiting period.
F. 
Fees. The fee shall be outlined in the Town's Fee Schedule. The fee for a temporary retail license pursuant to § 125.51(10), Wis. Stats., shall not exceed $10. If an organization is applying for both a temporary Class "B" beer license and a temporary "Class B" wine license for the same event, the maximum fee is still $10. See § 125.51(10), Wis. Stats.

§ 13-4 Provisional operator's license.

A. 
Purpose. This section allows for issuance of a provisional operator's license to those applying for a regular operator's license for the service or sale of alcohol beverages. A provisional operator's license may only be issued to:[1]
(1) 
Those persons that have not completed a responsible beverage server training course. At the time of application, the applicant for a provisional operator's license must present proof that the applicant is enrolled in a training course under § 125.17(6), Wis. Stats.
(2) 
Those persons who, at the time of application and payment for an operator's license, present a certified copy of a valid operator's license issued by another Wisconsin municipality.
(3) 
Those persons who, at the time of application and payment for an operator's license, meet the requisite training requirement and wish to commence work as an operator before the Board will be able to meet to decide their application.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Eligibility. Each applicant must be at least 18 years of age and have completed an application form supplied by the Town Clerk. All arrests and convictions of the applicant shall be disclosed on the application or an attached sheet.
C. 
Term. The provisional operator's license shall be effective for 60 days from the date of issue, or until a regular operator's license is issued, whichever is sooner.
D. 
Issuance. Upon written application for an operator's license, the Clerk shall conduct a record check for past crimes or arrests. If the applicant has no past crimes or arrests, the Clerk is authorized to issue a provisional operator's license to the applicant. The Town Board shall review the issuance of any such provisional operator's license at the next regularly scheduled Town Board meeting, reserving final approval authority. If the applicant does have an arrest or conviction record, the Town Board must determine whether the provisional operator's license will be issued.
E. 
Fees. The fee for a provisional operator's license shall be set in the Town's Fee Schedule[2] and, pursuant to § 125.17(5)(c), Wis. Stats., shall not exceed $15.
[2]
Editor's Note: The Fee Schedule is on file in the Town offices.
F. 
Revocation.
(1) 
The Clerk may revoke a provisional operator's license if:
(a) 
He or she discovers that the holder of the license made a false statement on the application for the license.
(b) 
He or she discovers that the operator license issued by the other Wisconsin municipality is not valid.
(c) 
The Town Board denies the person's application for a regular operator's license.
(2) 
Upon making the decision to revoke, the Clerk shall mail or have a written notice delivered to the license holder, notifying the person of the action taken, the reason(s) for such action, and the right to have a license review hearing before the Town Board, upon the applicant's request. When a request for a hearing is made, the Board shall follow the general procedures as set forth in § 125.12, Wis. Stats., although no complaint is required. The Clerk shall notify the licensee of the Board time scheduled for hearing the matter, by mail or hand delivery. Any mail notice in this section is sufficient if mailed via first-class mail to the last known address of the licensee, in an envelope containing the return address of the Town Clerk. No request for a license review hearing is valid when received past the final day the provisional operator's license would have been effective.