[HISTORY: Adopted by the Village Board of the Village of
Luck as indicated in article histories. Amendments noted where applicable.]
[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.
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.
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.
[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.
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.
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]
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.
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]
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.
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.
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.
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.
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]
(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.
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]
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]
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.
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.
(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.
B.
ALCOHOL BEVERAGE
PUBLIC AREA
UNDERAGE PERSON
Definitions. As used in this section, 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.
Any person under the legal drinking age as defined by the
Wisconsin Statutes.
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.
