Village of Argyle, WI
Lafayette County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Argyle at time of adoption of Code (see Ch. 1, General Provisions, Art. III). Amendments noted where applicable.]
GENERAL REFERENCES
Adult-oriented establishments — See Ch. 150.
Public gatherings — See Ch. 170.
Juveniles — See Ch. 360.
Licenses and permits — See Ch. 369.
Peace and good order — See Ch. 439.
Article I Licensing

§ 355-1 State statutes adopted.

§ 355-2 Definitions.

§ 355-3 License or permit required.

§ 355-4 Classes of licenses.

§ 355-5 Applications for licenses and permits.

§ 355-6 Qualification of applicants and premises.

§ 355-7 Licenses to corporations and limited liability companies; appointment of agents.

§ 355-8 License fees.

§ 355-9 License displays.

§ 355-10 License expiration.

§ 355-11 Transfer of licenses and permits.

§ 355-12 Exception to requirement of a license or permit.

§ 355-13 Investigation.

§ 355-14 Approval of application.

§ 355-15 Granting of license.

§ 355-16 Conditions of license.

§ 355-17 Closing hours.

§ 355-18 Restrictions on temporary fermented malt beverage or wine licenses.

§ 355-19 Revocations, suspensions, refusals to issue or renew.

§ 355-20 Enforcement provisions.

§ 355-21 Non-alcohol events for underage persons on licensed premises.

§ 355-22 Outdoor sports and beer garden activities regulated.

§ 355-23 Nude dancing in licensed establishments prohibited.

§ 355-24 Operator's license required.

§ 355-25 Revocation of operator's license.

Article II Offenses Involving Alcoholic Beverages.

§ 355-26 Outside consumption.

§ 355-27 Underage and intoxicated persons; presence on licensed premises; possession and penalties.

§ 355-28 Proof of age; false or altered identification cards.

§ 355-29 Possession of alcoholic beverages on school grounds.

§ 355-30 Solicitation of drinks prohibited.

§ 355-31 Violations of this chapter.

§ 355-1 State statutes adopted.

The provisions of Ch. 125, Wis. Stats., entitled "Alcohol Beverages," except provisions therein relating to penalties to be imposed, are hereby adopted by reference and made a part hereof 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.

§ 355-2 Definitions.

The definitions set forth in § 125.02, Wis. Stats., including any amendments, revisions or modifications hereafter, are hereby adopted by reference.

§ 355-3 License or permit required.

No person may sell, manufacture, rectify, brew or engage in any other activity for which Ch. 125, Wis. Stats., and this Chapter 355 provides a license, permit or other type of authorization without holding the appropriate license, permit or authorization issued under Ch. 125, Wis. Stats., and this Chapter 355.

§ 355-4 Classes of licenses.

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. The provisions of § 125.51(2), Wis. Stats., are adopted by reference, including any future amendments, revisions or modifications.
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, authorizes the sale of intoxicating liquors to be consumed by the glass only on the premises where sold and also authorizes the sale of 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 premises where sold. Wine, however, may be sold for consumption off the premises in the original package or otherwise in any quantity.
C. 
Reserve "Class B" licenses. A reserve "Class B" license means a license that is not granted or issued by the Village on December 1, 1997, and that is counted under § 125.51(4)(br), Wis. Stats., which, if granted or issued, authorizes the sale of intoxicating liquor to be consumed by the glass only on the premises where sold, and also authorizes the sale of intoxicating liquor 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.
D. 
Class "A" fermented malt beverage retailer's license. A Class "A" license, when issued by the Village Clerk-Treasurer under the authority of the Village Board, authorizes retail sales of fermented malt beverages only for consumption off the premises where sold and in the original packages, containers or bottles. The provisions of § 125.25, Wis. Stats., are hereby adopted by reference, including any future amendments, revisions or modifications.
E. 
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, authorizes the retail sale of fermented malt beverages to be consumed either on the premises where sold or off the premises. The provisions of § 125.26(1) to (5), Wis. Stats., are adopted by reference, including future amendments, revisions or modifications.
F. 
Temporary Class "B" fermented malt beverage license.
(1) 
License. Pursuant to § 125.26(1) and (6), Wis. Stats., temporary Class "B" fermented malt beverage licenses may be issued to bona fide clubs, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least six months before the date of application, and to posts of veterans' organizations, authorizing the sale of fermented malt beverages at a particular picnic or similar gathering, at a meeting of the fair association, agricultural society, post, or during a fair conducted by the fair association or agricultural society. Such license is valid for dates as approved by the Village Board.
(2) 
Application. The application for such a license shall be signed by the president or corresponding officer of the society or association making such application and shall be filed with the Village Clerk-Treasurer together with the appropriate license fee for each day for which the license is sought. Any person fronting for any group other than the one applied for shall, upon conviction thereof, be subject to a forfeiture of $200 and will be ineligible to apply for a temporary Class "B" license for one year. The license shall specify the hours and dates of license validity. The application shall be filed a minimum of 15 days prior to the meeting of the Village Board at which the application will be considered for events of more than three consecutive days. If the application is for a license to be used in a Village park, the applicant shall specify the main point of sale facility.
G. 
Temporary "Class B" wine license.
(1) 
License. Notwithstanding § 125.68(3), Wis. Stats., temporary "Class B" licenses may be issued to bona fide clubs, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least six months before the date of application, and to posts of veterans' organizations, authorizing the sale of wine in an original package, container or bottle or by the glass if the wine is dispensed directly from an original package, container or bottle at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. Not more than two such licenses may be issued under this subsection to any club, county or local fair association, agricultural association, church, lodge, society or veteran's post in any twelve-month period.
(2) 
Application. Application for such license shall be signed by the president or corresponding officer of the society or association making such application and shall be filed with the Village Clerk-Treasurer together with the appropriate license fee for each day for which the license is sought. Any person fronting for any group other than the one applied for shall, upon conviction thereof, be subject to a forfeiture of $200 and will be ineligible to apply for a temporary "Class B" wine license for one year. The license shall specify the hours and dates of license validity. The application shall be filed a minimum of 15 days prior to the meeting of the Village Board at which the application will be considered for events of more than three consecutive days. If the application is for a license to be used in a Village park, the applicant shall specify the main point of sale facility.
H. 
Reserve "Class B" license. A Reserve "Class B" license means a license that is not granted or issued by a municipality on December 1, 1997, and is counted under § 125.51(4)(br), Wis. Stats. The provisions of § 125.51(4), including any amendments, revisions or modifications hereafter, are hereby adopted by reference.
I. 
Retail "Class C" licenses. A "Class C" license authorizes the retail sale of wine by the glass or in an opened original container for consumption on the premises where sold. The provisions of § 125.51(3m), Wis. Stats., are incorporated by reference, including any future amendments, revisions or modifications.
J. 
Provisional Retail license. Provisional retail licenses shall be issued in accordance with § 125.185, Wis. Stats., including any amendments, revisions or modifications hereafter, which is hereby adopted by reference.

§ 355-5 Applications for licenses and permits.

A. 
Contents. All applications shall contain the information as set forth in § 125.04(3)(a), Wis. Stats. All applications shall be filed with the Village of Argyle Clerk-Treasurer not less than 15 days prior to the granting of such license. Renewal applications shall be in conformity with such form or forms as the Department may prepare. Each application for a license, other than a manager's or operator's license, shall be sworn to by the applicant. All applications for permits as described in Ch. 125, Wis. Stats., shall be filed with the Wisconsin Department of Revenue.
B. 
Publication. Publication of applications for licenses shall be in accordance with § 125.04(3)(g), Wis. Stats., and any amendments, revisions or modifications of such statute hereafter.
C. 
Subsequent changes. Within 10 days of any change in the facts set out in an application for a license or permit to sell alcohol beverages, the licensee or permittee shall file with the Village Clerk-Treasurer a written description of the changed fact.
D. 
Quotas. License quotas shall be as established in Ch. 125, Wis. Stats., and amendments, revisions and modifications hereafter.
E. 
List of licensees. The Village Clerk-Treasurer shall comply with the provisions of § 125.04(4), Wis. Stats., regarding the listing and filing of the same with the Department of Revenue.

§ 355-6 Qualification of applicants and premises.

The qualifications for all licenses and permits under Chapter 355 of this Code, except those excluded in § 125.04(5), Wis. Stats., shall be as set forth in § 125.04(5), Wis. Stats., and any amendments, revisions or modifications thereto hereafter.

§ 355-7 Licenses to corporations and limited liability companies; appointment of agents.

The provisions of § 125.04(6), Wis. Stats., and any amendments, revisions or modifications hereafter, are adopted by reference as though fully set forth herein.

§ 355-8 License fees.

There shall be the following classes of licenses which, when issued by the Village Clerk-Treasurer under the authority of the Village Board after payment of the license fee and publication costs hereinafter specified, shall permit the holder to sell, deal or traffic in intoxicating liquors or fermented malt beverages as provided in § 355-4 of this Code and Ch. 125, Wis. Stats.:
A. 
Class "A" fermented malt beverages retailer's license. The annual fee for this license shall be as prescribed from time to time by resolution of the Village Board. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.
B. 
Class "B" fermented malt beverage license. The annual fee for this license shall be as prescribed from time to time by resolution of the Village Board. This license may be issued at any time for six months in any calendar year, for which 50% of the applicable license fee shall be paid, but such license shall not be renewable during the calendar year in which issued. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.
C. 
Temporary Class "B" fermented malt beverage license. The fee for this license shall be as prescribed from time to time by resolution of the Village Board per event.
D. 
Temporary "Class B" wine license. The fee for this license shall be as prescribed from time to time by resolution of the Village Board per event. However, there shall be no fee if the temporary wine license is obtained along with a temporary fermented malt beverage license.
E. 
Provisional retail license. The fee for this license shall be as prescribed from time to time by resolution of the Village Board.
F. 
"Class A" intoxicating liquor retailer's license. The annual fee for this license shall be as prescribed from time to time by resolution of the Village Board.
G. 
"Class B" intoxicating liquor retailer's license. The annual fee for this license shall be as prescribed from time to time by resolution of the Village Board. This license may be issued at any time for six months in any calendar year, for which 50% of the applicable license fee shall be paid, but such license shall not be renewable during the calendar year in which issued.
H. 
Reserve "Class B" intoxicating liquor license. The fee for an initial issuance of a reserve "Class B" license shall be as prescribed from time to time by resolution of the Village Board, except that the fee for the initial issuance of a reserve "Class B" license to a bona fide club or lodge situated and incorporated in the state for at least six years is the fee established in Subsection G for such a club or lodge. The annual fee for renewal of a reserve "Class B" license is the fee established in Subsection G.
I. 
"Class B" license for full-service restaurants and hotels. The initial annual fee for a "Class B" license for a full-service restaurant that has a seating capacity of 300 or more persons, or a hotel that has 100 or more rooms of sleeping accommodations and that has either an attached restaurant with a seating capacity of 150 or more persons or a banquet room which will accommodate 400 or more persons, is as prescribed from time to time by resolution of the Village Board. Thereafter, the annual renewal fee is as prescribed from time to time by resolution of the Village Board.

§ 355-9 License displays.

Permits and licenses for retail sale of alcohol beverages shall be enclosed in a frame having a transparent front which allows the license or permit to be clearly read. All permits and licenses shall be conspicuously displayed for public inspection at all times in the room or place where the activity subject to permit or licensure is carried on. 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 to knowingly deface or destroy such license.

§ 355-10 License expiration.

All licenses, except as otherwise stated in this Chapter 355, shall expire on June 30 of each year.

§ 355-11 Transfer of licenses and permits.

Transfer of licenses and permits shall be in accordance with § 125.04(12), which is adopted by reference, and all amendments, revisions or modifications hereafter.

§ 355-12 Exception to requirement of a license or permit.

The provisions of § 125.06, Wis. Stats., are adopted by reference, with all amendments, revisions or modifications hereafter.

§ 355-13 Investigation.

The Village Clerk-Treasurer shall notify Village law enforcement officers, the Fire Inspector and Building Inspector (and, as appropriate, other pertinent law enforcement agencies) of each new application, and these officials shall inspect or cause to be inspected each application and the premises, together with such other investigation as shall be necessary, to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto, including those governing sanitation in restaurants, and whether the applicant is a proper recipient of a license. These officials shall furnish to the Village Clerk-Treasurer in writing, who shall forward to the Village Board, the information derived from such investigation, accompanied by a recommendation as to whether a license should be granted or refused. No license shall be renewed without a reinspection of the premises and report as originally required.

§ 355-14 Approval of application.

A. 
No license shall be issued for operation on any premises or with any equipment for which taxes, assessments, forfeitures or other financial claims of the Village are delinquent and unpaid.
B. 
No license shall be issued unless the premises conforms to the sanitary, safety and health requirements of the State Building Code, and the regulations of the State Board of Health and local board of health 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.
C. 
Consideration for the granting or denial of a license will be based on:
(1) 
Arrest and conviction record of the applicant, subject to the limitations imposed by §§ 111.321, 111.322 and 111.335, Wis. Stats.;
(2) 
The financial responsibility of the applicant;
(3) 
The appropriateness of the location and the premises where the licensed business is to be conducted; and
(4) 
Generally, the applicant's fitness for the trust to be reposed.
D. 
An application may be denied based upon the applicant's arrest and conviction record if the applicant has been convicted of a felony (unless duly pardoned) or if the applicant has habitually been a law offender. For purposes of this licensing procedure, "habitually been a law offender" is generally considered to be an arrest or conviction of at least two offenses which are substantially related to the licensed activity within the five years immediately preceding the license application. Because a license is a privilege, the issuance of which is a right granted solely to the Village Board, the Village Board reserves the right to consider the severity and facts and circumstances of the offense when making the determination to grant, deny or not renew a license. Further, the Board, at its discretion, may, based upon an arrest or conviction record of two or more offenses which are substantially related to the licensed activity within the five years immediately preceding, act to suspend such license for a period of one year or more.

§ 355-15 Granting of license.

A. 
Opportunity shall be given by the governing body to any person to be heard for or against the granting of any license. Upon the approval of the applicant by the Village Board, the Village Clerk-Treasurer shall issue to the applicant a license, upon payment by the applicant of the license fee to the Village. The full license fee shall be charged for the whole or fraction of any year.
B. 
If the Village Board denies the license, the applicant shall be notified in writing, by registered mail or personal service, of the reasons for the denial. The notice shall also inform the applicant of the opportunity to appear before the Village Board and to provide evidence as to why the denial should be reversed. In addition, the notice shall inform the applicant that the reconsideration of the application shall be held in closed session, pursuant to § 19.85(1)(b), Wis. Stats., unless the applicant requests such reconsideration be held in open session and the Village Board consents to the request. Such written notice shall be mailed or served upon the applicant at least 10 days prior to the Village Board meeting at which the application is to be reconsidered.

§ 355-16 Conditions of license.

All retail Class "A," Class "B," "Class A," "Class B," and "Class C" licenses granted hereunder shall be granted subject to the following conditions and all other conditions of this article and subject to all other ordinances and regulations of the Village applicable thereto.
A. 
Consent to entry. Every applicant procuring a license thereby consents to the entry of law enforcement authorities or duly authorized representatives of the Village at all reasonable hours for the purpose of inspection and search, and consents to the removal from said premises of all things and articles there had in violation of Village ordinances or state laws, and consents to the introduction of such things and articles in evidence in any prosecution that may be brought for such offenses.
B. 
Employment of minors. No retail "Class B" or Class "B" licenses shall employ any underage person, as defined in the Wisconsin Statutes, but this shall not apply to hotels and restaurants. Family members may work on the licensed premises but are not permitted to sell or dispense alcoholic beverages.
C. 
Disorderly conduct prohibited. Each licensed premises shall, at all times, be conducted in an orderly manner, and no disorderly, riotous or indecent conduct shall be allowed at any time on any licensed premises.
D. 
Licensed operator on premises. There shall be upon premises and in visual control of such premises operated under a "Class B," Class "B," or "Class C" license, at all times, the licensee, members of the licensee's immediate family who have attained the legal drinking age, and/or some person who shall have an operator's license and who shall be responsible for the acts of all persons serving, as waiters or in any other manner, any fermented malt beverages to customers. No person other than the licensee shall serve fermented malt beverages in any place operated under a "Class B," Class "B," or "Class C" license unless he/she 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 Board of Health governing sanitation in restaurants shall apply to all "Class B" liquor or "Class C" licenses issued under this article. No "Class B" or "Class C" license shall be issued unless the premises to be licensed conforms to such rules and regulations.
F. 
Restrictions near schools and churches. No retail Class "A," Class "B," "Class A" or "Class B" license shall be issued for premises, the main entrance of which is less than 300 feet from the main entrance of any established public school, parochial school, hospital or church. Such distance shall be measured by the shortest route along the highway from the closest point of the maintenance entrance of such school, church or hospital to the main entrance to such premises. This subsection shall not apply to premises licensed as such on June 30, 1947, nor shall it apply to any premises licensed as such prior to the occupation of real property within 300 feet thereof by any school building, hospital building or church building.
G. 
Clubs. No club shall sell or give away any intoxicating liquors except to bona fide members and guests invited by members.
H. 
Gambling prohibited. Except as authorized by state law, no gambling or 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," Class "B," "Class A," "Class B," or "Class C" liquor, wine or fermented malt beverage licensee shall sell or offer for sale any alcohol beverage to any person or persons by extending credit, except hotel credit extended to a resident guest or a club to a bona fide member. It shall be unlawful for such licensee or permittee to sell alcohol beverages to any person on a passbook or store order or to receive from any person any goods, wares, merchandise or other articles in exchange for alcohol beverages.
J. 
Licensee or permittee responsible for acts of help. A violation of this article by a duly authorized agent or employee of a licensee or permittee under this article shall constitute a violation by the licensee or permittee. Whenever any licensee or permittee under this article shall violate any portion of this article, proceedings for the suspension or revocation of the license or permit of the holder thereof may be instituted in the manner prescribed in this article.
K. 
The provisions of § 125.09, Wis. Stats., except § 125.09(2)(d), Wis. Stats., are adopted by reference, along with any amendments, revisions or modifications hereafter.

§ 355-17 Closing hours.

Closing hours shall be established in conformance with § 125.32(3), Wis. Stats., and further restricted as follows:
A. 
Class "B" licenses.
(1) 
No premises for which a retail "Class B" liquor, Class "B" fermented malt beverage, or "Class C" wine license has been issued shall be permitted to remain open for the sale of liquor or fermented malt beverages or for any other purpose between the hours of 2:00 a.m. and 6:00 a.m., Monday through Friday, and 2:30 a.m. and 6:00 a.m., Saturday and Sunday. There shall be no closing hours on January 1.
(2) 
Hotels and restaurants, the principal business of which is the furnishing of food or lodging to patrons; bowling alleys; indoor horseshoe-pitching facilities; curling clubs; golf courses and golf clubhouses may remain open for the conduct of their regular business but shall not sell liquor or malt beverages during the closing hours of Subsection A(1) above.
B. 
Carry-out hours. Between 9:00 p.m. and 8:00 a.m., no person may sell, remove, carry out or permit to be removed or carried out from any premises having a "Class A" or Class "A" license fermented malt beverages or intoxicating liquor in original unopened packages, containers or bottles or for consumption away from the premises. On "Class B" liquor or Class "B" fermented malt beverage licensed premises, carry out shall be prohibited between midnight and 6:00 a.m.

§ 355-18 Restrictions on temporary fermented malt beverage or wine licenses.

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 Argyle, except through the issuance of a temporary Class "B" fermented malt beverage license or temporary "Class B" wine license issued by the Village Board in accordance with Wisconsin Statutes and as set forth in this section. A temporary Class "B" fermented malt beverage license or temporary "Class B" wine license authorizing the sale and consumption of beer and/or wine on Village-owned property or privately owned property may be authorized by the Village Board, provided the following requirements are met:
A. 
Compliance with eligibility standards. The organization shall meet the eligibility requirements of a bona fide club, association, lodge or society as set forth in § 125.26(6), Wis. Stats., and shall fully comply with the requirements of this section and § 355-26. Members of an organization which is issued a temporary license and who are issued operators' licenses for the event may be required to attend a pre-event informational meeting to learn what rules and regulations apply and what the responsibilities of the bartenders and organization will be.
B. 
Posting of signs and licenses. All organizations issued a temporary license shall post in a conspicuous location at the main point of sale and at all remote points of sale a sufficient number of signs stating that no fermented malt beverage shall be served to any underage person without proper identification.
C. 
Fencing.
(1) 
If necessary due to the physical characteristics of the site, the Village Board may require that organizations install a double fence around the main point of sale to control ingress and egress and continually station a licensed operator, security guard or other competent person at the entrance for the purpose of checking age identification. Where possible, there shall be only one point of ingress and egress. When required, the double fence shall be a minimum of four feet high with a minimum of six feet between fences.
(2) 
For indoor events, the structure used shall have suitable exits and open spaces to accommodate anticipated attendance. It should contain adequate sanitary facilities to accommodate the size of the group.
D. 
Underage persons prohibited. No underage persons, as defined by the Wisconsin Statutes, shall be allowed to assist in the sale of fermented malt beverages or wine at any point of sale, nor shall they be allowed to loiter or linger in the area of any point of sale.
E. 
Licensed operator requirement. A licensed operator shall be stationed at all points of sales at all times.
F. 
Waiver. The Village Board may waive or modify the requirements of this section due to the physical characteristics of the licensed site.
G. 
Insurance. The applicant for a temporary fermented malt beverage or wine license may be required to indemnify, defend and hold the Village and its employees and agents harmless against all claims, death of any person or any damage to property caused by or resulting from the activities for which the permit is granted. As evidence of the applicant's ability to perform the conditions of the license, the applicant may be required to furnish a certificate of comprehensive general liability insurance to the Village of Argyle. The applicant may be required to furnish a performance bond prior to being granted the license.

§ 355-19 Revocations, suspensions, refusals to issue or renew.

The provisions of § 125.12, Wis. Stats., are hereby adopted by reference, including any amendments, revisions or modifications hereafter.

§ 355-20 Enforcement provisions.

A. 
In addition to any other penalties as provided by the Village of Argyle Code, § 125.14, Wis. Stats., is adopted by reference, including any further amendments, revisions or modifications.
B. 
Point values for alcohol beverage violations, revocations or suspensions.
(1) 
Purpose and definitions. The purpose of this subsection is to administratively interpret those portions of this article relating to the establishment of an alcohol beverage demerit point system to assist in determining which license holders should be subject to suspension or revocation procedures.
(2) 
Point schedule. The scale of demerit points is listed according to the type of alcohol beverage violation. This demerit point system is used to identify habitually troublesome license holders who have repeatedly violated state statutes and Village ordinances for the purpose of recommending suspension or revocation of their alcohol beverage licenses.
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
Violations of carry-out hours
25
Licensee permitting person to leave licensed premises with open alcohol beverage
25
All other violations of this article
25
(3) 
How violations are calculated. In determining the accumulated demerit points against a licensee within 12 months, the Village shall use the date each violation was committed as the basis for the determination.
(4) 
Suspension or revocation of license.
(a) 
The Village Board shall call before it for purposes of revocation or suspension hearing all licensees who have accumulated 200 points in a twelve-month period as a result of court-imposed convictions.
(b) 
If the demerit point accumulation calculated from the date of violation amounts to 200 points in a twelve-month period, a suspension of 30 days shall be imposed. If the demerit point accumulation is 250 points (calculated from the date of violation) in a twenty-four-month period, a suspension of 60 days shall be imposed. If the demerit point accumulation in a thirty-six-month period is 300 points, the suspension shall be for the maximum allowed by law, which is 90 days. If the license is revoked, no other license shall be granted to such licensee or for such premises for a period of 12 months from the date of revocation.
(c) 
The procedure to be used for suspension or revocation shall be that found in Ch. 125, Wis. Stats.

§ 355-21 Non-alcohol events for underage persons on licensed premises.

The presence of underage persons on a licensed premises, as provided under § 125.07(3)(a)10, Wis. Stats., shall be subject to the following:
A. 
The licensee or agent of a corporate licensee shall notify the Police Department at least 48 hours in advance of the date of any event at which underage persons will be present on the licensed premises. Each such non-alcohol event notice shall specify the date(s) on which the event is to occur and the time(s) of commencement. All notices shall be filed with the Police Department during normal working hours (8:00 a.m. to 5:00 p.m., Monday through Friday) and shall be given on forms prescribed by the Village. After a non-alcohol event notice has been given, the licensee may cancel an event(s) only by giving like notice to the Police Department in accordance with the provisions of this subsection. Regardless of the date given, all notices shall expire and be deemed cancelled no later than the date of expiration or revocation of the applicable retail Class "B," "Class B" or "Class C" license.
B. 
During the period of any non-alcohol event, a notice card prescribed by the Police Department shall be posted at all public entrances to the licensed premises notifying the general public that no alcohol beverages may be consumed, sold or given away on or carried into the licensed premises during the event. Such notice cards shall be made available by the Village to a requesting licensee.
C. 
Once a non-alcohol event has commenced, no alcohol beverages may be consumed, sold or given away on or carried into the licensed premises until the next day following the closing hours of the licensed premises.
D. 
During the period of any non-alcohol event, all alcohol beverages shall be stored in a locked portion of the licensed premises in a secure place out of the sight and physical reach of any patron present and shall be under the direct and immediate control and supervision of the licensee or a licensed bartender in the employ of the licensee. All beer taps and automatic dispensers of alcohol beverages ("speed guns") shall be either disconnected, disabled or made inoperable.

§ 355-22 Outdoor sports and beer garden activities regulated.

A. 
Purpose. The Village Board finds that restrictions are necessary for outdoor beer gardens and sports activities at premises holding "Class B" and Class "B" liquor and fermented malt beverages licenses due to concerns arising from noise, density and related problems. This section, enacted pursuant to police power, provides a framework for regulatory controls on such outdoor sports and beer garden activities.
B. 
Approval required.
(1) 
Generally. No licensee shall conduct or sponsor any outdoor sports activity or event or beer garden on property forming any part of the real property on which the licensed premises exists without the prior approval of the Village Board.
(2) 
Permit required for beer garden outdoor consumption. No licensee shall permit the consumption of alcohol beverages on any part of the licensed premises not enclosed within the building except under a beer garden permit granted by the Village Board. The permits are a privilege in which no rights vest and, therefore, may be revoked by the Village Board at its pleasure at any time or shall otherwise expire on June 30 of each year. No person shall consume or have in his or her possession alcohol beverages on any unenclosed part of a licensed premises which is not described in a valid beer garden permit.
C. 
Application. If a licensee shall conduct or sponsor any outdoor sports activity or event or beer garden on the licensee's property, the licensee shall file an application with the Clerk-Treasurer setting forth the following information:
(1) 
The name, address and telephone number of the person or persons who will be responsible for the actual conduct of the activity or event;
(2) 
The date and duration of time for the proposed activity or event;
(3) 
An accurate description of that portion of the licensee's property proposed to be used;
(4) 
A good faith estimate of the number of users, participants and spectators for the beer garden or proposed activity or event; and
(5) 
The licensee's plan for maintaining the cleanliness of the licensed area.
D. 
Time for filing. The licensee shall file the application not less than 15 days before the date of the proposed activity or event. The Village Board may waive the fifteen-day time limit upon a licensee's showing of exigent circumstances. The application shall be accompanied by payment of a fee as set from time to time by resolution of the Village Board for review of the application. The applicant may request that an annual permit be issued for the beer garden or outdoor sports activities.
E. 
Review. The Village Board shall review the applications in light of the standards of this section. If the nature of the property or the event requires the imposition of additional regulations, the Village Board may impose these regulations upon an express finding detailing the reasons for additional regulation. All property owners within 150 feet of the proposed beer garden or outside sports facility shall be notified of the pendency of an application for a permit by first class mail.
F. 
Outdoor sports activity standards. The following standards shall apply to any outdoor sports activity regulated under this section:
(1) 
Approval of an application shall not act to permit outdoor consumption of alcohol beverages on the property beyond the area specifically licensed.
(2) 
If the estimated number of participants and spectators shall bring the number of persons on the property above the number for which the licensed premises' restroom facilities are rated adequate, the licensee shall provide a number of portable temporary restrooms sufficient to serve the estimated number of persons.
(3) 
The Village Board shall not grant approval to any applicant whose property on which the activity or event is proposed is adjacent to any property zoned residential or on which a residential use exists as a nonconforming use, or within 100 feet of any property zoned residential or on which a residential use exists as a nonconforming use. Fencing may be required.
(4) 
The applicant shall provide parking adequate for the proposed activity or event, whether on site or through agreements with property owners shown to the Village Board's satisfaction to permit their property to be used for parking for the proposed activity or event.
(5) 
The applicant shall show the Village Board plans adequate to provide reasonable access to participants and spectators for the event and to limit access for all other persons.
(6) 
The licensee shall clean up all garbage and debris relating to the activity or event at least once per 24 hours during the activity or event.
(7) 
The licensee shall not permit the noise level of the sports activity or event to exceed 75 dB, measured at any border of the licensee's real property.
G. 
Limitations on issuance of beer garden permits. No permit shall be issued for a beer garden if the beer garden area is greater than 50% of the gross floor area of the adjoining licensed premises. Each applicant for a beer garden permit shall accurately describe the area intended for use as a beer garden and shall indicate the nature of fencing or other measures intended to provide control over the operation of the beer garden. Every beer garden shall be completely enclosed with a fence or wall not less than six feet in height. Amplified sound or music is not permitted in the beer garden, except it may be permitted one weekend per month with prior Board approval. There shall be a licensed operator within the beer garden at all times the beer garden is in operation.
H. 
State statutes enforced within beer garden. Every permittee under this section shall comply with and enforce all provisions of Ch. 125, Wis. Stats., applicable to Class "B" licensed premises, except insofar as such provisions are clearly inapplicable. Violation of the provisions of Ch. 125, Wis. Stats., shall be grounds for immediate revocation of the outdoor sports activity or beer garden permit by the Village Board.
I. 
Violations. Failure of the licensee to comply with any of the provisions of this section shall be grounds for suspension, nonrenewal or revocation of the licensee's alcohol beverage license or licenses.

§ 355-23 Nude dancing in licensed establishments prohibited.

A. 
Authority.
(1) 
The Village Board of the Village of Argyle has explicit authority under § 125.10(1), Wis. Stats., to adopt regulations governing the sale of alcohol beverages which are in addition to those set forth in Ch. 125, Wis. Stats.
(2) 
The Village Board has authority under its general police powers set forth in Ch. 61, Wis. Stats., to act for the good order of the municipality and for the health, safety and welfare of the public, and may carry out its powers by regulation and suppression.
(3) 
The Village Board recognizes it lacks authority to regulate obscenity and does not intend by adopting this section to regulate obscenity, since nudity in and of itself is not obscene; it declares its intent to enact an ordinance addressing the secondary effects of live, totally nude, nonobscene, erotic dancing in bars and taverns.
(4) 
Bars and taverns featuring live totally nude, nonobscene, erotic dancing have in other communities tended to further the increase of criminal and other offensive activity, to disrupt the peace and order of the communities, to depreciate the value of real property, to harm the economic welfare of the communities and to negatively affect the quality of life of the communities; and such secondary effects are detrimental to the public health, safety and general welfare of citizens.
(5) 
The Village Board recognizes the U.S. Supreme Court has held that nude dancing is expressive conduct within the outer perimeters of the First Amendment to the United States Constitution and therefore entitled to some limited protection under the First Amendment, and the governing body further recognizes that freedom of speech is among our most precious and highly protected rights and wishes to act consistently with full protection of those rights.
(6) 
However, the Village Board is aware, based on the experiences of other communities, that bars and taverns in which live, totally nude, nonobscene, erotic dancing occurs may and do generate secondary effects which the governing body believes are detrimental to the public health, safety and welfare of the citizens of the Village of Argyle.
(7) 
Among these secondary effects are:
(a) 
The potential increase in prostitution and other sex-related offenses, as well as other crimes and offenses;
(b) 
The potential depreciation of property values in neighborhoods where bars and taverns featuring nude dancing exist;
(c) 
Health risks associated with the spread of sexually transmitted diseases; and
(d) 
The potential for infiltration by organized crime for the purpose of unlawful conduct.
(8) 
The Village Board desires to minimize, prevent and control these adverse effects and thereby protect the health, safety and general welfare of the citizens of the Village of Argyle; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight.
(9) 
The Village Board has determined that enactment of an ordinance prohibiting live, totally nude, nonobscene, erotic dancing in bars and taverns licensed to serve alcohol beverages promotes the goal of minimizing, preventing and controlling the negative secondary effects associated with such activity.
B. 
Nude dancing in licensed establishments prohibited. It is unlawful for any person to perform or engage in or for any licensee or manager or agent of the licensee to permit any person, employee, entertainer or patron to perform or engage in any live act, demonstration, dance or exhibition on the premises of a licensed establishment which:
(1) 
Shows his/her genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering;
(2) 
Shows any portion of the female breast below a point immediately above the top of the areola; or
(3) 
Shows the covered male genitals in a discernibly turgid state.
C. 
Exemptions. The provisions of this section do not apply to the following licensed establishments: theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers of entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.
D. 
Definitions. For purposes of this section, the term "licensed establishment" means any establishment licensed by the Village Board of the Village of Argyle to sell alcohol beverages pursuant to Ch. 125, Wis. Stats. The term "licensee" means the holder of a retail "Class A," "Class B," Class "B," Class "A" or "Class C" license granted by the Village Board of the Village of Argyle pursuant to Ch. 125, Wis. Stats.
E. 
Violations and penalties. Any person, partnership or corporation who violates any of the provisions of this section shall be subject to a forfeiture pursuant to § 1-2. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this section constitutes sufficient grounds for suspending, revoking or not renewing an alcohol beverage license under § 125.12, Wis. Stats.

§ 355-24 Operator's license required.

The provisions of § 125.32, Wis. Stats., except § 125.32(1), including any future amendments, modifications or revisions, are hereby adopted by reference.

§ 355-25 Revocation of operator's license.

Violation of any of the terms or provisions of Wisconsin state law or of this article as they relate to operators' licenses by any person holding such operator's license shall be cause for revocation of the license.

§ 355-26 Outside consumption.

A. 
Alcoholic 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 alcoholic beverage upon any public street, sidewalk, alley, public parking lot, highway, municipal building, library, cemetery or drives or other public areas within the Village of Argyle 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/her possession any open container containing alcoholic beverage upon any public street, public sidewalk, public way, municipal building, library, public alley or public parking lot within the Village of Argyle.
(2) 
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.
(3) 
Exceptions.
(a) 
The provisions of this section may be waived by the Village Board for duly authorized events.
(b) 
Any organization which has been issued a temporary fermented malt beverage and/or temporary wine license for a designated area and event pursuant to this Code, provided that the provisions of this article and Article I of this chapter are fully complied with.
(c) 
The provisions of this section regarding open consumption of fermented malt beverages or intoxicating liquor shall not apply within 200 feet of a parade route which the Village of Argyle has authorized from one hour prior to the scheduled start of said parade until one hour after the end of said parade, except that the foregoing exemption does not extend to any vehicle or unit of the parade, however propelled, nor to any parade participant for that period of time during which the vehicle, unit of the parade or person is participating within the assembly and disembarkment points of the parade.
B. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
As defined in § 125.02, Wis. Stats.
PUBLIC AREA
Any location within the Village which is open to access to persons not requiring specific permission of the owner to be at such location, including all parking lots serving commercial establishments.
UNDERAGE PERSON
Any person under the legal drinking age, as defined by the Wisconsin Statutes.

§ 355-27 Underage and intoxicated persons; presence on licensed premises; possession and penalties.

The provisions of § 125.07, Wis. Stats., including the penalty provisions other than imprisonment, are adopted by reference, including any future amendments, revisions or modifications.

§ 355-28 Proof of age; false or altered identification cards.

The provisions of § 125.085, Wis. Stats., excluding imprisonment as a penalty, are adopted by reference, including any future amendments, revisions or modifications.

§ 355-29 Possession of alcoholic beverages on school grounds.

A. 
In this section, the following terms shall have the meanings indicated:
MOTOR VEHICLE
A motor vehicle owned, rented or consigned to a school.
SCHOOL
Program for one or more grades between grades one and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school or high school.
SCHOOL ADMINISTRATOR
The person designated by the governing body of a school as ultimately responsible for the ordinary operations of a school.
SCHOOL PREMISES
Premises owned, rented or under the control of a school.
B. 
Except as provided by Subsection C, no person may possess or consume alcohol beverages:
(1) 
On school premises;
(2) 
In a motor vehicle, if a pupil attending the school is in the motor vehicle; or
(3) 
While participating in a school-sponsored activity.
C. 
Alcohol beverages may be possessed or consumed on school premises, in motor vehicles or by participants in school-sponsored activities, if specifically permitted in writing by the school administrator consistent with applicable laws and ordinances.
D. 
A person who violates this section is subject to a forfeiture of not more than $200, except that § 938.344, Wis. Stats., and § 355-27 of this Code provide the penalties applicable to underage persons.

§ 355-30 Solicitation of drinks prohibited.

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 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.

§ 355-31 Violations of this chapter.

The forfeiture provisions as set forth in this chapter, whether specifically stated or adopted by reference pursuant to § 355-1, exclusive of any provision regarding imprisonment, are hereby adopted for any violations of this chapter. In addition, any violation of this chapter to which a specific penalty provision is not stated or adopted by reference shall be subject to a forfeiture as provided in the general penalty provisions of this Code, § 1-2. Nothing contained herein shall preclude a court of competent jurisdiction from exercising additional authority granted by the Wisconsin Statutes.