Village of Luck, WI
Polk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Luck as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 423.
Peace and good order — See Ch. 429.
[Adopted 1-6-1988 as Title 7, Ch. 2, of the 1988 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," "sell," "sold," "sale," "restaurant," "club," "retailer," "person," "fermented malt beverages" and "wholesalers" shall have the meaning given them by Ch. 125, Wis. Stats.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 whatever, 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" 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 only for consumption away from the premises where sold and in the original packages, containers or bottles.
D. 
Class "B" fermented malt beverage retailer's 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 to be consumed either 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.
E. 
Special Class "B" fermented malt beverage picnic license.[1]
(1) 
License. A special Class "B" picnic license, when issued by the Village Clerk-Treasurer under authority of the Village Board, as provided for in § 125.26(6), Wis. Stats., shall entitle the holder thereof to possess, sell or offer for sale 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. Such license may be issued only 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. Such license is valid for dates as approved by the Village Board. Irrespective of other sections of this article, the Village Board is hereby authorized to issue a fermented malt beverage license to any local civic or any local religious or any local not-for-profit organization pursuant to this subsection.
(2) 
Application. Application for such license shall be signed by the president or corresponding officer of the society 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 penalty as provided in § 345-20 of this article and will be ineligible to apply for a special 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. Such license shall be valid for no 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Wholesaler's license. A wholesaler's fermented malt beverage license, when issued by the Village Clerk-Treasurer under authority of the Village Board, shall entitle the holder thereof to possess, sell or offer for sale fermented malt beverages only in original packages or containers to dealers, not to be consumed in or about the premises of said wholesaler.
G. 
"Class C" wine license. A "Class C" wine license shall entitle the holder thereof to sell wine by the glass or in an opened original container for consumption on the premises where sold.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 11-23-2009[1]]
There shall be the following classes and denominations of licenses which, when issued by the Village Clerk-Treasurer under the authority of the Village Board, after payment of the fee set by the Village Board, shall permit the holder to sell, deal or traffic in intoxicating liquors or fermented malt beverages as provided in § 125.04(5) and (6), 125.25(1), (2) and (4), 125.26(2), 125.28(1)(a), (b) and (d) and (2), 125.32(2), 125.51(2), (3) and (3m)(e), or 125.68(2), Wis. Stats.:
A. 
Retail "Class A" intoxicating liquor license.
B. 
Retail "Class B" intoxicating liquor license.
C. 
Class "A" fermented malt beverage retailer's license.
D. 
Class "B" fermented malt beverage retailer's license. Fifty percent of the annual fee shall be charged for a six-month period. A Class "B" fermented malt beverage retailer's license for brewers shall be pursuant to §§ 125.31(1)(a) and 125.06(1), Wis. Stats.
E. 
Special Class "B" fermented malt beverage picnic license.
F. 
Wholesaler's license.
G. 
"Class C" wine license.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 application shall be published once in the official Village newspaper, and the costs of publication shall be paid by the applicant.
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.[1]
[1]
Editor's Note: Original Sec. 7-2-6(e), License quotas, which immediately followed this subsection, was repealed 4-14-2010.
A. 
Residency requirements. A retail Class "A" or retail 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 of Wisconsin.
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 has the right to possession of the premises described in the application for the license period, by lease or by deed.
D. 
Age of applicant. No Class "A," Class "B," "Class A" or "Class B" license shall be granted to any underage person as defined by the Wisconsin Statutes.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Corporate restrictions.
(1) 
No license shall be granted to any corporation which does not comply with the provisions of § 125.04(6), Wis. Stats., which does not have an agent eligible for a license under this article or under state law, or which has more than 50% of the stock interest, legal or beneficial, in such corporation held by any person or persons not eligible for a license under this article or under state law.
(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. 
Separate license required for each place of sale. A separate license shall be required for each stand, place, room or enclosure or for each suite of rooms or enclosures which are in direct connection or communication where intoxicating liquor or fermented malt beverages are kept, sold or offered for sale, and no license shall be issued to any person, firm, partnership, corporation or association for the purpose of possession, selling or offering for sale any intoxicating liquors or fermented malt beverages in any dwelling house, flat or residential apartment.
The Village Clerk-Treasurer shall notify the Chief of Police and Chief of the Fire Department 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. 
In determining the suitability of an applicant, consideration shall be given to the moral character and financial responsibility of the applicant, the appropriateness of the location and premises proposed and generally the applicant's fitness for the trust to be reposed.
B. 
No license shall be granted for operation on any premises or with any equipment for which taxes or assessments or other financial claims of the Village are delinquent and unpaid.
C. 
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 set by the Village Board. 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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 and the Wisconsin Department of Revenue.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 police or other 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. Holders of "Class A," Class "A," "Class B," Class "B" and "Class C" licenses must abide by all state laws regarding the employment of underage persons, including but not limited to §§ 125.07, 125.17, 125.32 and 125.68, Wis. Stats.
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 operated under a Class "B," "Class A," "Class B" or "Class C" license at all times, and a Class "A" license at all times except during the hours when the sale of beer is prohibited but the store remains open, the licensee, members of the licensee's immediately 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" 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" and "Class C" liquor licenses issued under this article. No "Class B" or "Class C" license shall be issued unless the premises to be licensed conforms to such rules and regulations.
F. 
Restrictions near schools and churches. No retail Class "A," Class "B," "Class A," "Class B" or "Class C" 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. No gambling or game 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" or "Class B" liquor or Class "A" or Class "B" 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. 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:
(1) 
Exposes his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
(2) 
Exposes any device, costume or covering which gives the appearance of or simulates genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
(3) 
Exposes any portion of the female breast at or below the areola thereof; or
(4) 
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Closing hours shall be established in conformance with §§ 125.32(3) and 125.68(4), Wis. Stats. Closing hours may be modified for specific events by a majority vote of the Village Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 Luck, except through the issuance of temporary Class "B" license issued by the Village Board in accordance with Wisconsin Statutes and as set forth in this section. A temporary Class "B" license authorizing the sale and consumption of beer on Village-owned property or privately owned property may be authorized by the Village Board provided that 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 § 345-21.
B. 
Posting of signs and licenses. All organizations issued a liquor 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. All organizations shall install a double fence around the main point of sale to control ingress and egress and shall continually station a licensed operator or security guard at the entrance for the purpose of checking age identification. There shall be only one point of ingress and egress. The double fence shall be a minimum of four feet high and a minimum of six feet between fences. A single eight-foot chain link fence may be used to meet the fence requirements.
D. 
Underage persons prohibited. No underage persons as defined by the Wisconsin Statutes shall be allowed to assist in the sale of fermented malt beverage at any point of sale, except for a person holding an operator's license, nor shall they be allowed to loiter or linger in the area of any point of sale.
E. 
Licensed operator requirement. A licensed operator shall be stationed at all points of sale at all times.
F. 
Permitted cups or cans only. Intoxicants will be sold only in foam or plastic cups or cans.
G. 
Additional requirements. In addition, requesting organizations shall comply with the following:
(1) 
When the event sponsored by the requesting organization is to take place on Village park property, the organization shall work closely with the Village officials in locating, setting up and identifying the size of the snow fence area. Such information shall be made part of the temporary Class "B" license application.
(2) 
When the event sponsored by the requesting organization is to take place on Village-owned property other than park property and/or privately owned property, the organization shall work closely with the Police Department in locating and setting up the snow fence area. The Chief of Police shall work closely with the requesting organization in identifying the size of the fenced-in area and the exact location. Such information shall be made part of the temporary Class "B" license application. For indoor events, the structure used must have suitable exits and open spaces to accommodate anticipated attendance. It shall contain adequate sanitary facilities to accommodate the size of the group.
H. 
Insurance. The applicant for a special Class "B" fermented malt beverage license may be required to indemnify, defend and hold the Village and its employees and agents harmless against all claims for death of any person or any damage to property caused by or resulting from the activities for which the license 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 to the Village of Luck. The applicant may be required to furnish a performance bond prior to being granted the license.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Required for 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 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 per possession alcohol beverages on any unenclosed part of a licensed premises which is not described in a valid beer garden permit.
B. 
Limitations on issuance of beer garden permits. No permit shall be issued for a beer garden if any part of the beer garden is within 100 feet of a structure used for residential purposes, except residential uses located in the same structure as the licensed premises. 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 the beer garden. Every beer garden shall be completely enclosed with a fence or wall not less than six feet in height. No amplified sound or music is permitted outside the enclosed (building) premises. Amplified sound or music is not permitted in the beer garden. There shall be a licensed operator within the beer garden at all times the beer garden is in operation.
C. 
Adjoining property owners to be notified of pendency of applications. All property owners within 150 feet of the proposed beer garden shall be notified of the pendency of application for a beer garden permit by first-class mail.
D. 
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 beer garden permit by the Village Board.
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 term 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.
(1) 
Notice and hearing. Whenever a person holding a license to sell alcohol beverages has failed to maintain the premises according to standards prescribed for sanitation, or in whose premises persons are permitted to loiter for purposes of prostitution, or when the licensee has not observed and obeyed any lawful order of the Village Board or police officers of the Village, has violated Village ordinances, or for any other good reason, the Village Board shall issue a summons, to be signed by the Village Clerk-Treasurer, commanding the licensee complained of to appear before the Public Protection Committee or a special committee designated by the Village Board on a day and time and at a place named in the summons to show cause why the license should not be revoked or suspended. Such summons shall be served not less than three and not more than 10 days before the time at which the licensee is commanded to appear and may be served personally upon the licensee or the agent of the licensee or upon the person in charge of the licensed premises. The complaint shall be served with the summons and shall set forth the offense allegedly committed, the date and place of said offense and the facts constituting the alleged offense. If such licensee shall not appear as required by the summons, the complaint shall be taken as true, and if the Committee deems its allegations sufficient, the Committee shall recommend revocation or suspension of the license as provided herein.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Procedure on hearing; effect of revocation.
(a) 
The Public Protection Committee or a designated committee shall serve as a hearing agency for the Village Board.
(b) 
The Chairperson of the Committee, or the Chairperson's designee, shall conduct the hearing, administer oaths to all witnesses and may issue subpoenas. So far as practicable, the rules of evidence provided in § 227.45, Wis. Stats., shall be followed. The complainant shall have the burden of proving the charges to a preponderance of the evidence. The licensee and the complainant may be represented by counsel, may call and examine witnesses and may cross-examine witnesses of the other party. All proceedings and testimony shall be recorded on tape and transcribed. If either party requests a stenographic recording and transcription, the Village shall make the necessary arrangements, but the expenses shall be borne by the requesting party. The Village Clerk-Treasurer shall serve as Secretary to the Committee and shall make and receive all exhibits admitted into the record.
(c) 
Within 10 days of the completion of the hearing and filing of briefs, if any, the Committee, upon the testimony and evidence presented at the hearing, shall determine by simple majority vote of those present whether the charges are true and, if so, submit a report to the Village Board including its findings of fact, conclusions of law and a recommendation as to what action, if any, the Village Board should take with respect to the license. If the recommendation is to suspend the license, it shall be for a period of not less than 10 days nor more than 90 days. Following the procedure above, the recommendation may be to revoke the license. If the Committee determines that the charges are not substantiated, it shall recommend to the Village Board that the complaint be dismissed without cost to either party. The Committee's recommendation shall be promptly filed with the Village Clerk-Treasurer. The Clerk-Treasurer shall prepare five copies of the transcript of the proceedings, all exhibits and the recommendation of the Committee.
(d) 
At the regular meeting of the Village Board after the filing of the Committee's recommendation, the Village Board shall act on the recommendation and may reverse or modify any portion thereof by a simple majority vote. The recommendation of the Committee shall become the decision of the Village Board unless reversed or modified. No further testimony or evidence shall be allowed before the Village Board. Only those members of the Village Board who have certified to the Village Clerk-Treasurer in writing that they have read the transcript, exhibits and recommendation made shall be permitted to vote on the matter. The Village Clerk-Treasurer shall make said certifications a part of the record. The decision of the Village Board shall be a final determination for purposes of judicial review.
(e) 
If the complaint is found to be true, the licensee shall pay to the Village the actual cost of the proceedings. If the complaint is found by the Village Board to be malicious and without probable cause, the complainant shall pay the cost of the proceedings in the same amount.
(f) 
When a license is revoked, it shall be so entered of record by the Village Clerk-Treasurer, and no other license shall be granted to such licensee or for such premises for a period of 12 months from the date of the revocation, nor shall any part of the money paid as the application fee for any license so revoked be refunded.
D. 
Nonrenewal of license. The Village Attorney may, after investigation, commence an action before the Public Protection Committee to hear evidence and make a recommendation to the Village Board that a license issued pursuant to this article not be renewed. The Chairperson of the Committee shall, in writing, notify the licensee of the consideration of nonrenewal. Such notification shall be in the form of and shall serve as the summons and complaint and shall include a statement of the reasons for the consideration of the nonrenewal of the license in the same specificity required for a summons and complaint for revocation or suspension. If the license is recommended for nonrenewal, costs may be assessed against the licensee and any renewal application fee shall be forfeited. In all other respects, the provisions of Subsection C above shall apply. The commencement of this action shall stay action by the Village Board on the licensee's application until the Committee makes is recommendation.
E. 
Other provisions. Any license issued pursuant to this article shall be subject to such further regulations and restrictions as may be imposed by the Village Board by amendment to this section or by the enactment of new ordinances. If any licensee shall fail or neglect to meet the requirements imposed by such new restrictions and regulations, his license may be revoked in accordance with this section. In case of revocation of any license for any violation of any provision of this article in accordance with this section or by the court or for any reasonable cause except the imposition of new restrictions, no refund shall be made of any part of the license fee.
F. 
Demerit points.
(1) 
Purpose and definitions. The purpose of this subsection is to administratively interpret those portions of this article and Article II of this chapter relating to establishing 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.
Type of Violation
Point Value
Sale of alcohol beverages without license or permit; sale of controlled substances 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
Violation 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 Public Protection Committee of the Village Board shall call before it for purposes of a revocation or suspension hearing all licensees who have accumulated 100 points in a twelve-month period as a result of court-imposed convictions or who have had referred to it reports from the Village Attorney which, if believed, would result in 100 demerit points in 12 months.
(b) 
If the demerit point accumulation, calculated from the date of violation, exceeds 100 points in a twelve-month period, 150 points in a twenty-four-month period or 200 points in a thirty-six-month period, the suspension shall be for not less than 10 days nor more than 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.
(c) 
The procedure to be used for suspension or revocation shall be that found in Subsection C above.
A. 
Operator's license required. There shall be upon the premises operated under a "Class A" or "Class B" intoxicating liquor license or Class "B" fermented malt beverage license at all times the licensee or some other person who shall have an operator's license and who shall be responsible for the acts of all persons serving or selling any intoxicating liquor or fermented malt beverages to customers. No person other than the licensee shall serve or sell fermented malt beverages or intoxicating liquor in any place operated under the "Class A," "Class B" or Class "B" license unless he shall possess an operator's license or unless he shall be under the immediate supervision of the licensee or a person holding an operator's license who shall be upon the premises at the time of such service.
B. 
Procedure upon application. 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 who have attained the age of 18. Operators' licenses shall be operative only within the limits of the Village.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Duration. Licenses issued under the provisions of this section shall be valid for a period of one year and shall expire on the 30th day of June.
D. 
Operator's license fee; provisional license.
(1) 
Fee. The fee for an operator's license shall be $3 per year.
(2) 
Provisional license. Provisional operators' licenses may be granted by the Village Clerk-Treasurer, pursuant to § 125.17(5), Wis. Stats., to persons who have applied for an operator's license, provided that the applicant signs a statement that the applicant intends to enroll in the next available offered responsible beverage server training course within an eighty-mile radius of the Village of Luck. The fee for a provisional operator's license issued pursuant to this section shall be set by the Village Board.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Issuance. 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.
F. 
Display of license. Each license issued under the provisions of this section shall be posted on the premises whenever the operator dispenses beverages.
G. 
Revocation of operator's license. Violation of any of the terms or provisions of the state law or of this section relating to operators' 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 (5) and 125.09(2), Wis. Stats., adopted by reference in § 345-1 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.
B. 
Any person who shall violate any provision of this article, except as otherwise provided in Subsection A herein, or who shall conduct any activity or make any sale for which a license is required without a license shall be subject to a forfeiture as provided in § 1-4 of this Code.
C. 
Nothing herein shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the Wisconsin Statutes.
[Adopted 1-6-1988 as Secs. 9-5-1 and 9-5-9 of the 1988 Code]
A. 
Alcohol beverages in public areas.
(1) 
Regulations. 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 or on private property without the owner's consent, except at licensed premises. It shall be unlawful for any person to consume or have in his possession any open container containing alcohol beverage upon any public street, public sidewalk, public way, public alley or public parking lot within the Village except at licensed premises.
(2) 
Parks. It shall be unlawful for any person to drink or have in his possession any alcohol beverage in any Village park between the hours of 10:00 p.m. and 6:00 a.m. except at licensed premises.
(3) 
Private property held out for public use. 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.
(4) 
Leaving licensed premises with open container.
(a) 
It shall be unlawful for any licensee, permittee or operator to permit any patron to leave the licensed premises with an open container containing any alcohol beverage.
(b) 
It shall be unlawful for any patron to leave a licensed premises with an open container containing any alcohol beverage.
(c) 
It shall be unlawful for any patron to remove an original unopened package, container or bottle containing any alcohol beverage from the licensed premises between the hours of 9:00 p.m. and 8:00 a.m.
(5) 
Picnic beer permits for parks.
(a) 
It shall be unlawful for any group of persons which exceeds 20 to consume any alcohol beverages in any park areas without first obtaining a picnic beer permit from the Village. The picnic beer permits shall be issued by the Clerk-Treasurer with a copy of the permit sent to the Chief of Police.
(b) 
Applicants for special Class "B" permits shall fully comply with the requirements of § 345-16.
(c) 
The sale of fermented malt beverages from remote sites, that is, other than the main point of sale facility, shall be prohibited after the hour of 9:00 p.m.
(6) 
Exceptions.
(a) 
The provisions of this section may be waived by the Village Board for duly authorized events.
(b) 
This section shall not apply to any organization which has been issued a special Class "B" fermented malt beverage picnic license for a designated area pursuant to Article I of this chapter, provided that the provisions of this article and Article I of this chapter are fully complied with.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALCOHOL BEVERAGE
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.
PUBLIC AREA
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.
UNDERAGE PERSON
Any person under the legal drinking age as defined by the Wisconsin Statutes.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Any licensee, permittee or bartender of a retail alcohol beverage establishment covered by a license or permit issued by the Village who permits an entertainer or an employee to solicit a drink of any alcohol beverage as defined in § 125.02(1), Wis. Stats., or any other drink from a customer on the premises, or any entertainer or employee who solicits such drinks from any customer, is deemed in violation of this section.