Town of Milton, WI
Rock County
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[HISTORY: Adopted by the Town Board of the Town of Milton 3-10-2014 by Ord. No. 2014-2.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Drugs and drug paraphernalia — See Ch. 115.
Peace and good order — See Ch. 280.
[1]
Editor's Note: This ordinance also repealed former Ch. 205, Intoxicating Liquor and Fermented Malt Beverages, comprised of Art. I, Consumption in Public Areas, adopted 8-4-1980 by Ord. No. 55, as amended; Art. II, Licenses Withheld for Delinquent Taxes, adopted 6-6-1983 by Ord. No. 58; and Art. III, Sale of Liquor for Off-Premises Consumption, adopted 7-2-1984 by Ord. No. 59.
It shall be unlawful for any person, firm, association, corporation or limited-liability company to sell, or keep for sale, at wholesale or retail, or permit to be sold, or kept for sale, at wholesale or retail, within the Town of Milton, any alcohol beverages with 0.5% or greater alcohol by volume, except in strict accordance with the provisions of this chapter.
The provisions of Chapter 125 of the Wisconsin Statutes, describing and defining regulations with respect to alcohol beverages, are hereby adopted and by reference made a part of this chapter as if set forth in full herein; except for those provisions requiring imprisonment or provisions permitting the Town to enact standards different from that set forth by the legislature. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this chapter unless there is specific provision to the contrary. Any future amendments, revisions or modifications of the statutes incorporated herein are made part of this chapter. In the event of a conflict between the provisions of this chapter and any statute, this chapter controls unless expressly forbidden by the statute. If the statute authorizes the Town to enact a provision in its sole discretion and this chapter does not so provide, the Town shall be deemed to have declined to act.
Whenever the following terms are used in this chapter, they shall have the definitions as follows:
ALCOHOL BEVERAGES
Fermented malt beverages, wine and intoxicating liquor.
CLUB
An organization, whether incorporated or not, which is the owner, lessee or occupant of a building or portion thereof used exclusively for club purposes, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent or athletic purpose but not for pecuniary gain and which only sells alcohol beverages incidental to its operation.
DEPARTMENT
The State of Wisconsin Department of Revenue.
FERMENTED MALT BEVERAGES
Any beverage made by the alcohol fermentation of an infusion in potable water of barley malt and hops, with or without unmalted grains or decorticated and degerminated grains or sugar containing 0.5% or more of alcohol by volume.
INTOXICATING LIQUOR
All ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing 0.5% or more of alcohol by volume, which are beverages, but does not include fermented malt beverages.
LEGAL DRINKING AGE
Twenty-one years of age.
LICENSE
An authorization to sell alcohol beverages issued by a municipal governing body under this chapter or in accordance with Chapter 125, Wis. Stats.
PERMIT
Any permit issued by the Department.
PERSON
A natural person, sole proprietorship, partnership, limited-liability company, corporation or association.
PREMISES or LICENSED PREMISES
The specific area described in a license or permit, whether indoors and/or outdoors, within which alcohol beverages are to be sold and/or consumed.
PRINCIPAL BUSINESS
The primary activity as determined by analyzing the amount of capital, labor, time, attention and floor space devoted to each business activity and by analyzing the sources of net income and gross income. The name, appearance and advertising of the entity may also be taken into consideration if they are given less weight.
RESTAURANT
Has the meaning as defined in § 254.61(5), Wis. Stats., and whose sale of alcohol beverages accounts for less than 50% of the establishment's gross receipts.
SELL, SOLD, SALE or SELLING
Any transfer of alcohol beverages with consideration, or any transfer without consideration if knowingly made for purposes of evading the law relating to the sale of alcohol beverages, or any shift, device, scheme or transaction for obtaining alcohol beverages, including the solicitation of orders for, or the sale for future delivery of, alcohol beverages.
UNDERAGE PERSON
A person who has not attained the legal drinking age.
UNDER THE INFLUENCE
Not only all the well-known and easily recognized conditions and degrees of intoxication, but any abnormal mental or physical condition which is the result of indulging to any degree in alcohol beverages and which tends to deprive a person of the clearness of intellect and control of himself or herself which he or she would otherwise possess.
WINE
Products obtained from the normal alcohol fermentation of the juice or must of sound, ripe grapes, other fruits or other agricultural products, imitation wine, compounds sold as wine, vermouth, cider, perry, mead and sake, if such products contain 0.5% or more of alcohol by volume.
A. 
Class A licenses.
(1) 
A Class A beer license issued by the Town Board authorizes retail sales of fermented malt beverages within the Town of Milton, for consumption elsewhere than on the premises where sold.
(2) 
A Class A alcohol license issued by the Town Board authorizes retail sales of all alcohol beverages within the Town of Milton, for consumption elsewhere than on the premises where sold.
B. 
Class B licenses.
(1) 
A Class B beer license issued by the Town Board authorizes retail sales of fermented malt beverages within the Town of Milton to be consumed either on the premises where sold or off the premises, provided that only fermented malt beverages in original packages or containers may be removed from the premises where sold.
(2) 
A Class B alcohol license issued by the Town Board authorizes retail sales of wine, fermented malt beverages and intoxicating liquor within the Town of Milton for consumption on the premises where sold by the glass and to be consumed on the licensed premises where sold and the sale of wine, fermented malt beverages and intoxicating liquor in the original package or container in multiples not to exceed four liters at any one time and to be consumed off the licensed premises, except that wine may be sold in the original container or otherwise in any quantity to be consumed off the premises.
(3) 
A temporary Class B alcohol license and/or a temporary Class B beer license may be issued by the Town Board 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 prior to the date of application and to posts of veterans' organizations, authorizing the sale of fermented malt beverages at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. Such application shall be filed with the Town Board at least 30 days prior to the granting of the license. The Town Board may issue a license for an application that is not timely filed provided that it finds that it has all of the information necessary to make an informed decision. The license shall be issued upon written application, and for such time, not to exceed four days, as shall be designated by the Board and shall be subject to such restrictions as imposed by the Board. No more than two temporary Class B alcohol licenses and no more than two temporary Class B beer licenses may be issued to the same applicant within any twelve-month period. As a condition of issuance of a temporary Class B beer or temporary Class B alcohol license, such license shall only be effective and in force when at least two persons holding operators' licenses or the licensee (or agent of the licensee) and one operator's licensed person are working at the licensed premises.
C. 
Class C licenses. A retail Class C license may be issued by the Town Board to a person qualified under § 125.04(5), Wis. Stats., for a restaurant operating under a restaurant license issued by the State of Wisconsin, in which the sale of alcohol beverages accounts for less than 50% of gross receipts and which does not have a barroom. Each applicant for a Class C license shall disclose on the application the receipts for the sale of alcohol beverages and the percentage of such sales to the gross sales.
D. 
Provisional Class A alcohol, Class A beer, Class B alcohol, Class B beer, or Class C licenses. The Town Clerk may issue a provisional Class A alcohol, Class A beer, Class B alcohol, Class B beer, or Class C license to a person who has applied for a license of the same type. Such provisional license shall be nonrenewable and expire the earlier of 60 days after issue or at the time a license is issued; if the provisional licensee's application for a license is denied by the Town Board, the provisional license shall no longer be in force and shall be revoked by the Town Clerk. The Town Clerk may not issue a provisional Class B alcohol license if the Town's quota under § 125.51(4), Wis. Stats., prohibits the Town Board from issuing a Class B alcohol license. No person may hold more than one type of provisional retail license of each type applied for within a twelve-month period. The Town Clerk may issue a provisional license only upon having received a report from the Chief of Police that the applicant (and in the case of a corporation or limited-liability company, its directors, officers, members, managers, and agent) does not have an arrest or conviction record, is not a habitual law offender or has not been convicted of a felony unless subsequently pardoned. A provisional license may not be issued to any person who has been denied an operator's license by the Town Board or who has had his/her operator's license revoked or suspended within the preceding 12 months. The Town Clerk may provide an appropriate application form to be completed in full by the applicant. The Town Clerk may revoke the provisional license issued if it is discovered that the holder of the license made a false statement on the application.
E. 
Operator's licenses.
(1) 
An operator's license shall be issued by the Town Clerk/Treasurer to an applicant who is qualified as stated in §§ 125.17 and 125.04(5), Wis. Stats. An operator's license shall be issued for one year and shall expire on June 30.
[Amended 7-13-2020 by Ord. No. 2020-2]
(2) 
Provisional operator's licenses. The Town Clerk may issue provisional operator's licenses in accordance with § 125.17(5), Wis. Stats., to an applicant who also applies for an operator's license, pays the requisite fee for a provisional operator's license, and provides a copy of a valid operator's license issued by another municipality. The provisional operator's license shall expire 60 days after its issuance or when an operator's license is issued to the holder, whichever is sooner, and shall not be renewable. The Town Clerk may, within two business days of the receipt of an application, issue a provisional operator's license upon having received a report from the Chief of Police that the applicant does not have an arrest or conviction record, is not a habitual law offender or has not been convicted of a felony unless subsequently pardoned where the circumstances of such arrest or conviction substantially relate to the circumstances of the job of a licensed operator for purposes of complying with §§ 125.32(2) and 125.68(2), Wis. Stats. A provisional license may not be issued to any person who has been denied an operator's license by the Town Board or who has had his/her operator's license revoked or suspended within the preceding 12 months. The Town Clerk may provide an appropriate application form to be completed in full by the applicant. The Town Clerk may revoke the provisional license issued if it is discovered that the holder of the license made a false statement on the application or if the operator's license issued by another municipality and provided by the applicant is found to be not valid. Following completion of a responsible beverage server training course, an operator's license application may be presented to the Town Board.
(3) 
Temporary operator's licenses. The Town Board may issue a temporary operator's license, valid for one day to 14 days as the Town Board may order, to persons employed by or donating their services to nonprofit corporations. The period for which the temporary operator's license is valid shall be stated on the license. No person may hold more than one temporary operator's license within any twelve-month period.
F. 
Manager's licenses. A manager's license may be issued by the Town Board to an applicant who is qualified as stated in §§ 125.18 and 125.04(5), Wis. Stats. A manager's license shall be issued for one year and shall expire on June 30.
A. 
Form of application. Each application for a license to be granted pursuant to this chapter, except for a manager's or operator's license, shall be made to the Town Clerk on the applicable form provided by and available from the Wisconsin Department of Revenue. Each application for a license and each license shall designate the premises in the Town of Milton where the relevant alcohol beverage(s) will be sold and if the licensee permits on-site consumption of such alcohol beverage(s), where such consumption is to be permitted. The applicant shall fully describe said premises, including the precise location and dimensions of the areas, indoors or outdoors, where alcohol beverage(s) will be sold and/or consumed. No application shall be accepted by the Town Clerk unless, at the time of application, the applicant shall pay to the Town Clerk/Treasurer any and all costs for publication of the required notice of hearing on the application (discussed below). The Town Clerk may provide an application for a manager's or operator's license which shall contain the following information; if the Town Clerk does not provide such an application, each applicant for a manager's or operator's license shall provide the following information in writing:
(1) 
The name of the applicant.
(2) 
The address of the applicant.
(3) 
The residential and business telephone number of the applicant, if any.
(4) 
The age of the applicant.
(5) 
The name of the licensed premises where the alcohol beverage will be sold.
(6) 
The address of the licensed premises where the alcohol beverage will be sold.
(7) 
The business telephone number of the licensed premises where the alcohol beverage will be sold.
(8) 
A history of the applicant relevant to the fitness of the applicant to hold a license.
(9) 
Which license is requested (operator's license or manager's license).
(10) 
The kind of operator's license, if any, for which the applicant is applying (permanent or temporary).
(11) 
Length of applicant residency in State of Wisconsin.
(12) 
Any pending felony charge and any pending felony conviction record of applicant. If so, was applicant duly pardoned? If so, by whom?
(13) 
Any pending arrest record and any conviction record of the applicant. If so, for what acts?
(14) 
The applicant shall sign the application, stating that all information provided on the application is true and correct.
B. 
Application deadlines. Applications may be made at any time by submitting an application to the Town Clerk. Any original application or renewal application that a person desires to be heard by the Town Board prior to June 15 of any year (so that a license may be issued prior to June 30, to be effective on July 1) must be submitted to the Town Clerk no later than April 15 of the same year.
C. 
Qualifications for licenses - generally.
(1) 
Qualifications for licenses issued under this chapter are as set forth in this chapter and as stated in Chapter 125, Wis. Stats.
(2) 
Statutory requirements. Each applicant for a license shall prove to the Town Board that all applicable requirements for granting a license to such applicant are met, and specifically that the applicant for a:
(a) 
Class A alcohol license meets all requirements of § 125.51(2), Wis. Stats.
(b) 
Class B alcohol license meets all requirements of § 125.51(3), Wis. Stats.
(c) 
Class C license meets all requirements of § 125.51(3m), Wis. Stats.
(d) 
Class A beer license meets all requirements of § 125.25, Wis. Stats.
(e) 
Class B beer license meets all requirements of § 125.26, Wis. Stats.
(f) 
Manager's license meets all requirements of §§ 125.18 and 125.32(1), Wis. Stats.
(3) 
No license shall be issued by the Town Board unless the requisite fee for the application is paid to the Town Clerk/Treasurer.
(4) 
No licenses shall be issued to an applicant:
(a) 
Who, subject to §§ 111.321, 111.322, 111.335, and 125.12(1)(b), Wis. Stats., has an arrest or conviction record, has habitually been a law offender, or has been convicted of a felony unless the applicant has been duly pardoned.
(b) 
Unless the applicant has been a resident of Wisconsin continuously for at least 90 days prior to the date of the application.
(c) 
Unless the applicant has attained the legal drinking age.
(d) 
Unless the applicant has submitted proof under § 77.6(11), Wis. Stats., that the applicant is the holder of a seller's permit or use tax registration certificate, is registered to collect, report, and remit use tax under Chapter 77, Wis. Stats., or has been informed by an employee of the Department that the Department will issue a seller's permit or use tax registration certificate to that person or register that person to collect, report, and remit use tax.
(5) 
Training course. No licenses shall be issued unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a vocational, technical, and adult education district and that conforms to curriculum guidelines specified by the board of vocational, technical, and adult education or a comparable training course that is approved by the Department or the educational approval board or unless the applicant fulfills one of the following requirements. Those who complete such program shall have an appropriate endorsement recorded and placed on their licenses. No operator's license shall be issued or renewed to any person who failed to complete the program during any previous period during which such person held an operator's license without first successfully completing the program. Where application is made for a license on behalf of a sole proprietorship, the sole proprietor shall have successfully completed a responsible beverage server training course. Where such application is made on behalf of a partnership, all partners shall have successfully completed the beverage server training course. Where such application is made on behalf of a corporation or a limited-liability company, the agent appointed shall have successfully completed a responsible beverage server training course. An applicant need not attend a training course if:
(a) 
The applicant is renewing an operator's license.
(b) 
Within the past two years, the applicant held a Class A beer, Class B beer, Class A alcohol, or Class B alcohol license or permit or a manager's or operator's license.
(c) 
Within the past two years, the person has completed such a responsible beverage server training course.
D. 
Qualifications for licenses - corporations and limited-liability companies.
(1) 
Generally. No license shall be issued to any corporation or limited-liability company (sometimes referred to herein as an "entity") unless the following conditions are met:
(a) 
The entity, subject to §§ 111.321, 111.322, 111.335, and 125.12(1)(b), Wis. Stats., does not have an arrest or conviction record, has not been a habitual law offender, or been convicted of a felony unless duly pardoned, except these requirements shall not apply if the entity has terminated its relationship with all of the individuals whose actions directly contributed to the conviction;
(b) 
The entity submits proof under § 77.61(11), Wis. Stats., that the applicant is the holder of a seller's permit or use tax registration certificate, is registered to collect, report, and remit use tax under Chapter 77, Wis. Stats., or has been informed by an employee of the Department that the Department will issue a seller's permit or use tax registration certificate to that entity or register that entity to collect, report, and remit use tax;
(c) 
The officers and directors, or members and managers, of the entity each, subject to §§ 111.321, 111.322, 111.335, and 125.12(1)(b), Wis. Stats., do not have an arrest or conviction record, have not been habitual law offenders, have not been convicted of a felony unless duly pardoned, and have attained the legal drinking age; and
(d) 
The agent (discussed below) of the entity, subject to §§ 111.321, 111.322, 111.335, and 125.12(1)(b), Wis. Stats., does not have an arrest or conviction record, has not been a habitual law offender, and has attained the legal drinking age; has been a resident of this state continuously for at least 90 days prior to the date of the application, and has completed a responsible beverage server training course as stated in Subsection C(5) above.
(2) 
Agent. No entity shall be issued a license unless.
(a) 
The entity appoints, in writing, an agent to whom the entity delegates and vests full authority and control of the premises described in the license application and of the conduct of all business on the premises relative to alcohol beverages;
(b) 
The entity provides a copy of the writing described above to the Town Board, which has been signed by the agent accepting his/her appointment as the agent of the entity and the authority and control delegated to and vested in him/her as the agent of the entity; and
(c) 
The Town Board deems the character, record, and reputation of the agent satisfactory.
(3) 
Successor agent. If an agent resigns as such, he/she shall notify the entity and the Town Clerk within 48 hours of such resignation. Upon the resignation of an agent or if the entity shall cancel the appointment of an agent, the entity shall appoint a successor agent for the remainder of the license year. The entity shall immediately notify the Town Clerk in writing of the appointment of the successor agent and the reason for the cancellation, if any, and the new appointment. The successor agent shall meet the same qualifications as an original agent. Upon approval by the Town Board of each successor agent, the entity shall pay a fee to the Town Board. The entity's license shall not be in force:
(a) 
If any peace officer of the Town delivers a notice of disapproval of the successor agent to the Town Clerk prior to the next regularly scheduled or special meeting of the Town Board; and/or
(b) 
After the next regularly scheduled or special meeting of the Town Board unless and until a successor agent is appointed and approved by the Town Board.
E. 
Procedure on receiving an application.
(1) 
No license shall be granted under this chapter unless a public hearing is held on such application.
(2) 
No such hearing shall be held except upon proper notice in the agenda for such hearing. Additionally, no hearing on an application for a Class A beer, Class B beer, Class A alcohol, Class B alcohol, or Class C license, except on the application for a temporary Class B beer license or a temporary Class B alcohol license, shall be held except upon proper notice to the public by a Class I notice, together with the posting of such notice in three public places in the Town, including the public posting area of the Town Building. Such notice may be given by publication and posting of the agenda showing such hearing. The notice shall include the name and address of the applicant, the kind of license applied for and the location of the premises to be licensed.
(3) 
Such hearing shall be conducted and recorded with either a court reporter or a tape recording, unless this condition is unanimously waived by vote of the Town Board.
(4) 
The order of procedure shall be that the persons appearing in favor of the granting of the license shall appear first an make their presentation; the persons appearing in objection shall then make their presentations, and the persons appearing in favor shall then have an opportunity to present rebuttal. The Town Board shall have the right to limit the amount of time for each presentation, to receive petitions for or against, to request that persons signing such petitions sign either a form or a sheet stating who they are, who they represent, whether they are electors or otherwise, their address and whether or not they are for, against or have no position on the matter.
(5) 
After the conduct of the hearing, which shall follow regular rules of order, the Town Board may meet in open or closed session. Closed sessions shall be held only if properly noticed in the agenda. They shall then act upon the application at such time or later, as the Board feels sufficient information has been received on which to act properly, and either grant, deny or table the application for a period of time.
F. 
Criteria for granting a license. The Town Board shall not issue (or renew) such a Class A license or Class B license unless and until it finds the answers to the following questions to be in the affirmative:
(1) 
Are the premises and any building in which the licensee is to be conducting business in accord with the Zoning and Building Codes of the State of Wisconsin and the Municipal Code of the Town of Milton, and in compliance with the regulations of any other regulating bodies?
(2) 
Are the premises reasonably and specifically defined and has the applicant demonstrated that the premises as defined by the applicant are safe for the sale and/or consumption of alcohol beverage(s) and that the defined premises promote compliance with this chapter by virtue of promoting control of the premises by the operator(s) and preventing and discouraging unlawful conduct on the premises?
(3) 
Has the applicant sufficiently described the controls that will be/have been enacted by the applicant to ensure that underage persons do not unlawfully obtain or consume alcohol beverage(s) on the premises and the controls that will be/have been enacted by the applicant to prevent the removal of partially filled containers of alcohol beverage(s) from the premises?
(4) 
Will the issuance of the license be consistent with the general welfare of the Town of Milton, Rock County, Wisconsin?
(5) 
Will the aesthetic aspects of the building and the operation generally, including fencing, grounds, parking and otherwise, contribute to the general attractiveness of the community?
(6) 
Is the sign copy to be used with such business, on and off premises, such that it will not confuse the public?
(7) 
Have the traffic effects resulting from issuance of the license been reviewed by a proper traffic reviewing authority such as the municipal Police Department, and is such report on file for the Town Board's consideration?
(8) 
At the licensed premises music will not be played and other forms of entertainment will not be held that are reasonably likely to cause violence?
(9) 
At the licensed premises or due to the licensed premises will there not be excessive demands on law enforcement agencies due to violent or unlawful acts or the threat of violent or unlawful acts?
(10) 
Has the Town Board carefully considered the application in its entirety, including such background material as it may lawfully require?
(11) 
Has the Town Board carefully considered the personnel involved in the operation of the premises to be licensed, and is the Town Board satisfied that there is no such operator who is a convicted felon or who is not a person of good character?
(12) 
Has the Town Board been satisfied that every applicant and all employees and/or agents, etc., connected with the application are persons of good character?
(13) 
Does the application itself meet with all of the legal requirements of the laws of the State of Wisconsin and the ordinances of the Town of Milton?
(14) 
Has the Town Board, or a representative thereof, made a personal inspection of the premises, or if a proposed structure, the plans and specifications for same, and if appropriate, has it consulted with engineers, and rendered a report to the Town Board?
(15) 
Have all delinquent and unpaid taxes, assessments, forfeiture, or other claims of the Town of Milton related to the premises or the applicant been paid in full?
G. 
Discretionary authority of the Town Board. The fact that a particular premises meets the qualifications set forth above does not entitle said premises to a license, the issuance of which remains the sole discretion of the Town Board considering all factors relevant to the issuance of said license. The Town Board may reevaluate the answers or information relevant to the criteria established by Subsection F of this § 205-5, of Chapter 205 at any hearing regarding the suspension or revocation of a license previously granted by the Town Board. If the Town Board is not able to answer each of the questions set forth in Subsection F in the affirmative, the Town Board may find grounds, among others, to suspend or revoke a license.
H. 
Limitations.
(1) 
Compliance with other laws. No license shall be issued hereunder for the sale of alcohol beverages on any premises unless such premises complies with and conforms to all ordinances, health, sanitation, building and fire laws, statutes, and regulations of the Town and of the state.
(2) 
Sale of liquor in original packages. Holders of Class B alcohol fermented malt beverage and intoxicating liquor licenses may sell liquor in the original package for off-premises consumption, not to exceed one gallon per sale. Such sales shall be made either by the licensee or by a licensed bartender or employee licensed for such purposes.
(3) 
No license where pending violation. No license shall be issued, renewed or granted hereunder to any person, firm, corporation, limited-liability company or organization for any premises as a result of the sale or transfer of the business, stock in trade or furnishings of said premises, to a new applicant while there is pending against the former licensee thereof any proceedings for the violation of any provisions of the general ordinances of the Town of Milton.
(4) 
Licensee on premises at all times. There shall be at all times, upon the licensed premises the licensee, the agent named in the license if the licensee is a corporation or limited-liability company, or some person who shall have an operator's or manager's license and who shall be responsible for the acts of all persons serving, as waiters or in any other manner, any alcohol beverages to customers. No person other than the licensee, or the agent named in the license if the licensee is a corporation or limited-liability company, shall serve alcohol beverages in any place operated under a license unless he/she shall possess such operator's or manager's license, or unless he/she shall be under the immediate supervision of the licensee or a person holding an operator's or manager's license who shall be at the time of such service upon said premises. No person may manage premises operating under a license or permit, unless the person is the licensee, an agent of the corporation or limited-liability company or the holder of a manager's license.
(5) 
No person shall be issued or reissued a Class A beer, Class B beer, Class A alcohol, Class B alcohol or Class C license who does not, at the time of application, have a building on the premises for the purpose of utilizing the license or permit. No person shall be issued or reissued the license until the building has been constructed and the building complies with all federal, state, County of Rock and Town of Milton laws, regulations and ordinances, including but not limited to fire, sanitation, electrical, plumbing and building codes. If the building where alcohol beverages are sold is destroyed, the license or permit issued by the Town of Milton shall remain valid until expiration of the license or permit term and, in addition, the person issued the license or permit shall have 150 days after expiration to complete construction of a new building for reissuance of a new license.
(a) 
The Town Board of the Town of Milton, at its option, may waive the construction completion requirement if the Town Board: 1) believes the applicant has the intent to construct a premises 2) receives from the applicant written plans or written contracts submitted as proof of construction; and 3) receives a signed sworn statement from the applicant that the applicant will construct a building for retail alcohol beverage sales and that the building will be completed for actual business operations and in conformity with State of Wisconsin and Town of Milton laws, regulations and ordinances within 150 days after the submittal of the application.
(b) 
This license/permit shall be issued upon conditions of completeness. If the building is not completed by the above-noted time period and if the building does not meet the State of Wisconsin and Town of Milton laws, regulations and ordinances, then the license/permit will be invalid and the applicant shall reapply for a license.
(c) 
No licensee shall permit music to be performed, played or otherwise broadcast in or near a licensed premises outside of a fully enclosed structure between 11:00 p.m. and 9:00 a.m. daily.
I. 
Expiration dates. Except as otherwise provided in this chapter, all licenses and permits issued under this chapter shall expire on June 30 of each year.
J. 
Refusals to issue new license or permit. If the Town Board decides not to issue a new license under this chapter, such denial shall include a reason. The Town Clerk shall transmit to the applicant, by first class mail, the decision of the Town Board and shall state the reason thereof.
K. 
List of licensees. No later than July 15 annually, the Town Clerk shall mail to the Department a list containing the names, addresses and trade name of each person holding a license issued by the Town of Milton, other than a manager's or operator's license, the type of license held, and, if the license is an entity, the type of entity and the name and address of the entity's agent.
A. 
Death or insolvency of licensee. If a licensee dies, becomes bankrupt or makes an assignment for the benefit of creditors during the license year or after filing an application, the personal representative, surviving spouse if no personal representative is appointed, a trustee, or receiver may continue or sell or assign the business. If the business is sold or assigned, the license may be transferred to the successor owner or assignee at no charge if such successor owner or assignee complies with the requirements applicable to original applicants and acceptable to the Town Board which consents to the transfer.
B. 
Disability of licensee. If the licensee becomes disabled, the Town may, upon application and without fee for the year in which the transfer shall take place, transfer the license to the licensee's spouse if the spouse qualifies for a license pursuant to Chapter 125, Wis. Stats., this chapter and complies with all of the requirements (except regarding payment of fee as stated above) under Chapter 125, Wis. Stats., applicable to original applicants.
C. 
Transfer to different premises. A license to sell alcohol beverages may be transferred to another premises in the Town of Milton. Class A and Class B licenses, managers' licenses and operators' licenses, pursuant to § 125.04(12), Wis. Stats., are limited to only one transfer in any license year. The fee for the transfer of a license shall be set by the Town Board and shall be payable to the Town Clerk/Treasurer. The Town Clerk/Treasurer shall promptly notify the Department of any license transfer.
All alcohol beverage licenses issued by the Town of Milton shall be displayed by the licensee in an enclosed frame having a transparent front which allows the license/permit to be clearly read. The license shall be conspicuously displayed in the room or place where the activity subject to the license is conducted.
A. 
Each licensee and person subject to this chapter shall comply with the provisions of this chapter and Chapter 125, of the Wis. Stats. Failure to so comply may constitute grounds for the revocation, suspension or nonrenewal of a license.
B. 
No person may procure for, sell, dispense or give away alcohol beverages in the Town of Milton to any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age. No licensee or permittee may sell, vend, deal or traffic in alcohol beverages to or with any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.
C. 
No adult person in the Town of Milton may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by any underage person on premises owned by the adult or under the control of the adult. This provision does not apply to alcohol beverages used exclusively as part of a religious ceremony.
D. 
No adult person in the Town of Milton may intentionally encourage or contribute to any underage person procuring alcohol beverages, entering a licensed or permitted premises in violation of § 125.07(3), Wis. Stats., falsely representing his or her age for the purpose of receiving alcohol beverages from a licensee, or knowingly possess or consume alcohol beverages unless allowed pursuant to § 125.07(4), Wis. Stats. No licensee in the Town of Milton may sell, vend, deal or traffic in alcohol beverages to or with a person who is intoxicated. No underage person in the Town of Milton, not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age, may enter, knowingly attempt to enter, or be on any licensed premises for any purpose except those specific purposes noted in § 125.07(3), Wis. Stats.
E. 
No person as owner or lessee or in charge of a public place or public facility in the Town of Milton may permit the consumption of alcohol beverages on the premises of the public place unless the person has the appropriate retail alcohol beverage license issued by the Town of Milton. This provision does not apply to the Town of Milton, other municipal units in the Town of Milton, buildings and parks owned by the County of Rock, regularly established athletic fields and stadiums, school buildings, churches and premises in a state fair park or clubs. No person in the Town of Milton may possess or consume alcohol beverages on school premises in a motor vehicle if a pupil attending the school is in the motor vehicle or while participating in a school-sponsored activity. This provision may be waived by the school administration consistent with applicable state laws, with Town of Milton ordinances and with policies of the school board.
F. 
No person shall solicit drinks in the Town of Milton in violation of § 944.36, Wis. Stats.
G. 
No person shall engage in gambling or related activities in the Town of Milton in violation of the provisions of §§ 945.02, 945.03, 945.04 or 945.041, Wis. Stats.
H. 
No person shall keep or maintain a disorderly licensed premises in the Town of Milton in violation of the provisions of § 947.01, Wis. Stats.
A. 
It shall be unlawful for any person to have in his or her possession any container partially filled with alcohol beverages except when such person is on premises which are duly licensed for the sale of alcohol beverages or except when any person or his or her guests are within said person's own residence or upon his or her own residence premises and have obtained the legal drinking age. "Residence premises" includes those driveways, parking areas or lawn areas used exclusively for the residents and guests of the premises involved but does not include those driveways, parking areas or lawn areas which are available for use by the general public, are available for use by patrons of any business establishment, or are available for the combined use for both residents of the premises involved and patrons of the premises involved and/or the general public.
B. 
Premises licensed for the sale of alcohol beverages (except premises for which temporary Class B beer licenses and temporary Class B alcohol licenses have been issued) are defined as a room and rooms on the ground floor of the building which is or are located within the front or street door and the rear door of said license premises and shall exclude any entryway which may be located outside of any front or rear door of said license premises, unless specific areas are otherwise approved by the Town Board upon application by the licensee.
C. 
The person holding the license for said premises and any employee or employees shall be responsible for enforcing the provisions of this section and shall be in violation of this section, if he or she permits any person to carry out of said licensed premises any partially filled container of alcohol beverages.
The Town of Milton shall issue no more Class A alcohol, Class B alcohol, Class A beer or Class B beer fermented malt beverage licenses than allowed by § 125.51, Wis. Stats. The Town Board may further limit the number of licenses in any one or more classification that shall be granted. The number of Class A alcohol licenses issued by the Town Board shall not exceed one per 2,000 population of the Town of Milton or fraction thereof.
A. 
The following provisions shall apply to the revocation, suspension or nonrenewal of any license issued pursuant to this chapter.
B. 
Complaint. Any resident of the Town may file a sworn written complaint with the Town Clerk alleging one or more of the following about any person or other entity licensed pursuant to this chapter:
(1) 
The person has violated any provision of this chapter, including, but not limited to, the following:
(a) 
Failure to be licensed.
(b) 
Providing alcohol beverage(s) to underage person(s).
(c) 
Providing alcohol to an intoxicated person.
(d) 
Underage person(s) on premises.
(e) 
Failure to ensure open containers are taken outside of the premises by any person.
(f) 
Making false or misleading statements on any application.
(g) 
Transfer of license without permission of the Town Board.
(h) 
Sale or dispensing of alcohol beverage(s) outside of the licensed premises.
(i) 
Failure to post license.
(j) 
Gambling on the licensed premises by any person.
(k) 
Failure to have required licensee present in the premises when alcohol beverage(s) are sold.
(l) 
Failure to comply with any health, fire, sanitary, or similar law, ordinance, code, or rule for the benefit of public welfare and safety.
(m) 
Being open during prohibited hours for operation.
(n) 
Consumption or sale of alcohol beverages on premises during prohibited hours of operation.
(o) 
Obstructing an officer in the performance of any duties related to compliance with this chapter or any other law, code, ordinance, or rule.
(p) 
Playing of outdoor music during prohibited hours for such conduct.
(2) 
The person keeps or maintains a disorderly or riotous, indecent or improper house.
(3) 
The person has sold or given away any intoxicant to any underage person, or to persons intoxicated or bordering on intoxication, or to known habitual drunkards.
(4) 
The person has failed to maintain the premises according to standards prescribed for sanitation by the State Division of Public Health, or in whose premises persons are permitted to loiter for purposes of prostitution or other unlawful conduct.
(5) 
The person has not observed and obeyed any lawful order of the Town Board or police officers of the Town.
(6) 
The person does not possess the qualifications required under this chapter to hold the license.
(7) 
The person has been convicted of manufacturing or delivering a controlled substance under § 161.41(1), Wis. Stats.;[1] of possessing, with intent to manufacture or deliver, a controlled substance under § 161.41(1m), Wis. Stats.; or of possessing, with intent to manufacture or deliver, or of manufacturing or delivering a controlled substance under a substantially similar federal law or a substantially similar law of another state.
[1]
Editor's Note: Section 161.41, Wis. Stats. was renumbered in part and repealed in part by 1995 Act 448, §§ 243 to 266, effective 7-9-1996.
(8) 
The person knowingly allows another person, who is on the premises for which the license under this chapter is issued, to possess, with the intent to manufacture or deliver, or to manufacture or deliver a controlled substance.
(9) 
Failure to obtain a public gathering permit pursuant to Chapter 23 of the Municipal Code.
C. 
Notice of hearing on complaint. Upon the filing of the complaint, the Town Board shall issue a notice of hearing on complaint, signed by the Town Clerk and directed to any peace officer in the municipality who shall serve said notice upon the licensee in the manner provided under Ch. 801, Wis. Stats., for service in civil actions in circuit court. The notice shall set forth the nature and content of the complaint filed with the Town and shall command the licensee complained of to appear before the Town Board on a day and time and at a place named in the notice, not less than three days and not more than 10 days from the date of issuance, and show cause why the license should not be revoked or suspended. The notice and a copy of the complaint shall be served on the licensee at least three days before the time at which the licensee is commanded to appear.
D. 
Procedure on hearing.
(1) 
If the licensee does not appear as required by the summons, the allegations of the complaint shall be taken as true and if the Town Board finds the allegations sufficient, the license shall be revoked. The Clerk shall give notice of the revocation to the person whose license is revoked.
(2) 
The Chair of the Town Board, or his/her 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 by a preponderance of the evidence.
(3) 
If the licensee appears as required by the notice and denies the complaint, both the complainant and the licensee may produce witnesses, cross-examine witnesses and be represented by counsel. The licensee shall be provided a written transcript of the hearing at his or her expense. All proceedings and testimony shall be recorded on tape and transcribed unless waived by both the complainant and licensee. If either party requests a stenographic recording and transcription, the Town Clerk shall make the necessary arrangements, but the expense shall be borne by the requesting party. The Town Clerk shall mark and receive all exhibits admitted into the record.
E. 
Decision of the Town Board.
(1) 
Within 20 days of the completion of the hearing, the Town Board shall submit its findings of fact, conclusions of law and decision. The Town Clerk shall provide the complainant and the licensee with a copy of the decision.
(2) 
The decision of the Town Board shall be a final determination for purposes of judicial review. If the complaint is found to be true, the licensee shall pay to the Town Clerk the actual cost of the proceedings.
(3) 
If the Town Board finds the complaint untrue, the proceeding shall be dismissed without cost to the licensee. If the Town Board finds the complaint is true, it shall determine the sanctions to be imposed against the licensee. Sanctions may include a warning, a fine not to exceed $500, suspension of license, or revocation of license.
(4) 
The Town Clerk shall give notice of the sanctions imposed to the licensee.
F. 
Effect of revocation. When a license is revoked under this section, the revocation shall be recorded by the Town Clerk and no other license issued under this chapter shall be granted to such licensee or for such premises for a period of 12 months from the date of the revocation.
G. 
Nonrenewal of license. The Town Board may on its own initiative or upon the petition or any resident of the Town, in writing, notify any licensee of its consideration of nonrenewal of a license. 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. Notice of the hearing and the hearing shall be conducted in the same manner as a hearing on revocation or suspension of a license, as described above. The commencement of an action shall stay action by the Town Board on the licensee's application until the decision of the Town Board is final.
H. 
Other provisions. Any license issued pursuant to this chapter shall be subject to such further regulations and restrictions as may be imposed by the Town Board by amendment to this chapter 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, her/his license may be revoked or suspended in accordance with this section. In case of revocation of any license for any violation of any provision of this chapter 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.
A. 
Licensed or permitted premises shall be operated by the licensee, permittee, operator or manager in an orderly manner. No persons shall cause, allow or permit any person to act disorderly, riotous, or with indecent conduct on the licensed or permitted premises. No licensee or permittee shall employ any underage person to work in or allow any underage person to enter licensed or permitted premises without fully complying with Chapter 125, Wis. Stats.
B. 
No person shall operate any licensed or permitted premises for alcohol beverage consumption in the Town of Milton without maintaining the following:
(1) 
A sign posted at each entry and exit location in letters at least one inch in height stating "No alcohol beverages may be carried out of this building in any open containers and no alcohol beverages shall be consumed on the grounds of these premises out of this building."
(2) 
A sign posted in at least two conspicuous public locations in the building of the licensed or permitted premises in letters at least one inch in height stating "No person shall be sold, provided or served alcohol beverages in this building who is intoxicated."
A. 
Any licensee violating any provision of this chapter, in addition to other penalties, may have any alcohol beverage license or permit issued by the Town of Milton suspended or revoked. Any person whose license or permit has been revoked under this chapter shall not be reissued a license or permit for a period of 12 months from the date of revocation.
B. 
The Town Board of the Town of Milton may, by order, temporarily close any licensed or permitted premises during any civil disturbance, riot, labor disturbance, strike or other civil emergency declared by the Town Board of the Town of Milton.
A. 
Any person not of the legal drinking age who does any of the following is guilty of a violation:
(1) 
Procures or attempts to procure alcohol beverages from a licensee or permittee.
(2) 
Unless accompanied by a parent, guardian or spouse who has obtained the legal drinking age, possesses or consumes alcohol beverages on licensed premises.
(3) 
Enters, knowingly attempts to enter, or is on a licensed premises unless accompanied by his or her parent, guardian or spouse who has attained the legal drinking age for any purpose except the transaction of business pertaining to the licensed premises with or for the licensee or his or her employee. Business may not be amusement or the purchase, receiving or consumption of edibles or beverages or similar activities which normally constitute activities of a customer of the premises.
(4) 
Falsely represents his or her age for the purpose of receiving alcohol beverages from a licensee or permittee.
(5) 
Knowingly possesses or consumes alcohol beverages unless accompanied by his or her parent, guardian or spouse who has obtained the legal drinking age.
B. 
Any person convicted of violating any provision of Chapter 205, § 205-14, is subject to the penalties provided in Chapter 1, § 1-4, and Chapter 20, Citations, of this Code and/or suspension of the person's operating privilege as provided under Wisconsin Statutes or any combination of these penalties.
A. 
Any person violating any provision of this chapter or any condition included on a license application or on the license itself or who provides any false or inaccurate information on a written application shall be subject to a penalty of not more than $500, unless a greater maximum penalty is specifically provided for in this chapter, except that where a lower maximum penalty shall be provided by Chapter 125, Wis. Stats., for any specific offense, such maximum penalty shall prevail for the same offense committed in violation of this chapter.
B. 
Nothing in this section shall in any way diminish the authority of the Town Board to suspend, revoke or not renew any license issued pursuant to this chapter for any violation of this chapter or other Town ordinance or state law.
The following fees shall be paid in conjunction with applications and actions under this chapter:
A. 
Application fees.
(1) 
Class A alcohol license: for a year ending June 30, and prorated for a lesser period of time ending on June 30.
(2) 
Class B alcohol license: for a year ending June 30, and prorated for a lesser period of time ending on June 30.
(3) 
Class A beer license: $75.
(4) 
Class B beer license: $100 for a year ending June 30, and prorated for a lesser period of time ending on June 30.
(5) 
Class C license: $100 for a year ending June 30, and prorated for a lesser period of time ending on June 30.
(6) 
Temporary Class B alcohol license: $10.
(7) 
Temporary Class B beer license: $10.
(8) 
Operator's license: $25.
(9) 
Temporary operator's license: no fee.
(10) 
Provisional operator's license: $15.
(11) 
Manager's license: $25.
(12) 
Provisional Class A beer, Class A alcohol, Class B beer, Class B alcohol, or Class C license: $15.
B. 
Renewal fees. Renewal fees shall be the same fee as for an original application as stated above.
C. 
Publication minimum fee: $20 per license (state law requires the publication of all alcohol beverage license applications; if publication costs shall be more than $20, the Town Clerk notify the applicant of any additional amount due, which shall be paid prior to the issuance of any license).
D. 
Transfer of license fee: $10 (including the transfer of a license to a successor agent).
The provisions of this chapter are severable. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not effect the validity of the remaining portions thereof.