[HISTORY: Adopted by the Village Board of the Village of
Clayton as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 370.
[Adopted 7-10-1995 as Title 9, Ch. 4, of the 1995 Code; amended in its entirety
at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Alcohol beverages in public areas.
(1)
Regulations. It shall be unlawful for any person to sell, serve or
give away, or offer to sell, serve or give away, any alcohol beverage
upon any public street, sidewalk, alley, public parking lot, highway,
cemetery or drives or other public area within the Village or on private
property without the owner's consent, except at licensed premises.
It shall be unlawful for any person to consume or have in his possession
any open container containing alcohol beverages upon any public street,
public sidewalk, public way, public alley or public parking lot within
the Village except at licensed premises.
(2)
Parks. It shall be unlawful for any person to drink or have in their
possession any alcohol beverage in any Village park between the hours
of 12:00 midnight and 6:00 a.m. except at licensed premises or in
any public beach or playground area.
(3)
Private property held out for public use. It shall be unlawful for
any person to consume any alcohol beverages upon any private property
held open for public use within the Village unless the property is
specifically named as being part of a licensed premises.
(4)
Leaving licensed premises with open container.
(5)
Picnic beer permits for parks.
(a)
Except those groups authorized by the Village Board, it shall
be unlawful for any group of persons which exceeds 20 to consume any
alcohol beverages in any park areas without first obtaining a picnic
beer permit from the Village. The picnic beer permits shall be issued
by the Clerk-Treasurer with a copy of the permit sent to the Chief
of Police.
(b)
The sale of fermented malt beverages from remote sites, that
is, other than the main point of sale facility, shall be prohibited
after the hour of 9:00 p.m.
(6)
Exceptions. The provisions of this section may be waived by the Village
Board for duly authorized events.
B.
ALCOHOL BEVERAGE
PUBLIC AREA
UNDERAGE PERSON
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes all ardent, spirituous, distilled or vinous liquors,
liquids or compounds, whether medicated, proprietary, patented, or
not, and by whatever name called, as well as all liquors and liquids
made by the alcoholic fermentation of an infusion in potable water
of barley malt and hops, with or without unmalted grains or decorticated
or degerminated grains or sugar, which contain 1/2 of 1% or more of
alcohol by volume and which are fit for use for beverage purposes.
Any location within the Village which is open to access to
persons not requiring specific permission of the owner to be at such
location, including all parking lots serving commercial establishments.
Any person under the legal drinking age as defined by the
Wisconsin Statutes.
The provisions of Ch. 125, Wis. Stats., describing and defining
regulations with respect to alcohol beverages, exclusive of any provisions
thereof relating to the penalty to be imposed, are hereby adopted
and made a part of this article by reference. 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 to secure uniform statewide
regulation of alcoholic beverages.
[Adopted 5-3-1999 by Ord. No. 1999-1]
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:
The provisions of this article 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 and where the establishment is not distinguished by an
emphasis on, or the advertising or promotion of, employees engaging
in nude erotic dancing.
For purposes of this article, the term "licensed establishment"
means any establishment licensed by the Village Board of the Village
of Clayton 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 Clayton pursuant to Ch. 125, Wis. Stats.
Any person, partnership or corporation who violates any of the
provisions of this article shall be subject to a forfeiture of not
less than $250 and not more than $500 per violation. A separate offense
and violation shall be deemed committed on each day on which a violation
occurs or continues. In addition, violation of this article constitutes
sufficient grounds for suspending, revoking or nonrenewing an alcohol
beverage license under § 125.12, Wis. Stats.
