[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.]
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.
The definitions set forth in § 125.02, Wis. Stats.,
including any amendments, revisions or modifications hereafter, are
hereby adopted by reference.
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.
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.
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.
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.
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.
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.
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.
All licenses, except as otherwise stated in this Chapter 355, shall expire on June 30 of each year.
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.
The provisions of § 125.06, Wis. Stats., are adopted
by reference, with all amendments, revisions or modifications hereafter.
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.
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.
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.
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.
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.
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.
The provisions of § 125.12, Wis. Stats., are hereby
adopted by reference, including any amendments, revisions or modifications
hereafter.
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.
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.
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.
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:
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.
The provisions of § 125.32, Wis. Stats., except § 125.32(1),
including any future amendments, modifications or revisions, are hereby
adopted by reference.
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.
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.
ALCOHOLIC BEVERAGE
PUBLIC AREA
UNDERAGE PERSON
Definitions. As used in this article, the following terms shall have
the meanings indicated:
As defined in § 125.02, Wis. Stats.
Any location within the Village which is open to access to
persons not requiring specific permission of the owner to be at such
location, including all parking lots serving commercial establishments.
Any person under the legal drinking age, as defined by the
Wisconsin Statutes.
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.
The provisions of § 125.085, Wis. Stats., excluding
imprisonment as a penalty, are adopted by reference, including any
future amendments, revisions or modifications.
A.
MOTOR VEHICLE
SCHOOL
SCHOOL ADMINISTRATOR
SCHOOL PREMISES
In this section, the following terms shall have the meanings indicated:
A motor vehicle owned, rented or consigned to a 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.
The person designated by the governing body of a school as
ultimately responsible for the ordinary operations of a school.
Premises owned, rented or under the control of a school.
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.
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.
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.
