Town of Genesee, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Genesee 7-8-1991 by Ord. No. 91-11. Amendments noted where applicable.]
GENERAL REFERENCES
Adult-oriented establishments — See Ch. 212.
Peace and good order — See Ch. 435.
[Amended 2-9-2015 by Ord. No. 15-1]
The current and future provisions of Ch. 125, Wis. Stats., defining and regulating the types, sale, procurement, dispensing, and transfer of alcohol beverages, excluding provisions relating to the penalty to be imposed or the punishment for violation of such statutes, are adopted and made part of this chapter by reference. A violation of any such provision shall constitute a violation of this chapter. Any future amendments, revisions, modifications or additions of the statutes incorporated herein are intended to be made part of this chapter in order to secure uniform statewide regulation of alcohol beverages in this state.
A. 
Occupancy permit and/or approved plan of operation required. No person on any licensed premises, as defined in this chapter, shall conduct any transactions regulated by this chapter unless a licensee holds a valid occupancy permit and/or an approved plan of operation, as may be required, issued by the municipality. The occupancy permit and/or approved plan of operation shall be specific in detail as to what area of the premises shall be licensed for the sale of alcohol beverages. Any violation is grounds for suspension or revocation of any license or permit issued under this chapter.
[Amended 2-9-2015 by Ord. No. 15-1]
B. 
Seller's permit required. No person on any licensed premises, as defined in this chapter, shall conduct any transactions regulated under this chapter unless a licensee holds and maintains a valid seller's permit as required under § 77.52, Wis. Stats., issued to the premises and licensee described in the license during the period of licensing. Any violation is grounds for suspension or revocation of any license or permit issued under this chapter.
A written application for any license or permit required by the provisions of this chapter shall be on the form(s) provided by the Municipal Clerk.
A. 
Content. All applications other than operator's license shall contain all the information required under § 125.04(3), Wis. Stats., and any other information required by the Municipal Clerk. Operator's license applications shall be on a form prescribed by the Municipal Clerk containing all information deemed necessary, including but not limited to name, residence, and age, plus a written request of the holder of the alcohol beverage license hiring the applicant.
B. 
Filing. All applications for licenses and permits to sell alcohol beverages shall be filed with the Clerk of the municipality in which the premises is located as required by state law. Operator's licenses and licenses issued under § 125.26(6), Wis. Stats., for a picnic or other gathering lasting less than four days must be filed with the Clerk at least 24 hours prior to granting of the license or permit.
A. 
Licenses and permits may be issued by the Municipal Clerk under the authority of the governing body after payment of the appropriate fees and satisfaction of all conditions, which when so issued shall permit the holder to sell, deal or traffic in alcohol beverages as provided in Ch. 125, Wis. Stats.
[Amended 2-9-2015 by Ord. No. 15-1]
B. 
Fees for the above-noted licenses and permits shall be in such amount as may be established by the governing body from time to time by separate resolution.
C. 
Any applicable publication fee and/or application fee and/or investigation fee shall be submitted with the license or permit application as may be established by the governing body from time to time by separate resolution.
D. 
The fees for licenses or permits which are not granted shall be refunded after deducting the application fee and all actual publication fees and investigation fees.
E. 
Fees for partial licensing years may be prorated as required by Ch. 125, Wis. Stats. In all cases when an alcohol beverage license is issued for a partial year, a minimum fee of $25 and all actual publication fees and investigation fees must be paid.
[Amended 2-9-2015 by Ord. No. 15-1]
F. 
Once any license or permit is issued, no return of any payment shall be made regardless of whether the license or permit is used for the entire year.
Upon receipt of a license application under the provisions of this chapter, the Municipal Clerk shall forward a copy of the application to the appropriate persons to conduct an investigation of the applicant(s) as set forth below.
A. 
All alcohol beverage licenses. The Waukesha County Sheriff's Department, Fire Department, Waukesha County Environmental Health Division, and Building Inspector and other persons authorized may conduct an investigation and inspection of the premises mentioned in the application to determine if the premises complies with all applicable regulations, ordinances and laws. The Waukesha County Sheriff's Department shall investigate all persons included in the application to determine the suitability and character of the applicants.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Operator's licenses. The Waukesha County Sheriff's Department shall conduct an investigation of all applicants to determine the suitability and character of the applicant.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Reports. Upon completion of all investigations, written reports shall be submitted to the Municipal Clerk. The Clerk will then forward the application to the governing body for action.
D. 
Review. The governing body may refer any and all licenses to the appropriate committee for review and recommendation prior to action by the governing body.
A. 
Kinds of licenses and permits.
(1) 
Regular operator's license. Regular operator's licenses may be granted to individuals by the governing body and thereinafter issued by the Municipal Clerk for the purposes of complying with §§ 125.32(2) and 125.68(2), Wis. Stats., and this chapter. The fee for said license shall be set by resolution.
(2) 
Provisional operator's license.
(a) 
The Municipal Clerk, upon authorization by the Town Chairman, may issue a provisional operator's license to an applicant in case of a bona fide emergency. An emergency shall be caused by such things as death, disability, absence of the regular operator on the premises and the like. The Town Chairman, before authorizing such issuance, shall determine that the applicant has a satisfactory record and probably would be issued a regular operator's license. The license shall be valid for a period of not to exceed 60 days unless sooner revoked by the governing body. The fee for said license shall be set by resolution.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(b) 
A municipal governing body or its authorized designee may issue a provisional operator's license to a person who is enrolled in a training course and has applied for a regular operator's license pursuant to § 125.17(6). The fee for said license shall be set by resolution.
(3) 
Temporary operator's licenses. Temporary operator's licenses may be granted to individuals pursuant to § 125.17(4), Wis. Stats., by the governing body for the purpose of allowing said individuals to dispense and serve alcohol beverages under a license issued under § 125.26(6) or 125.51(10), Wis. Stats., to a nonprofit organization. No person may hold more than one license of this kind per year. Any temporary operator's license issued under this section shall be valid for any period from one day to 14 days, and the period for which it is valid shall be on the license. The fee for said license shall be set by resolution.
B. 
The governing body may grant operator's licenses pursuant to this section as it deems fit.
C. 
All operator's licenses issued under this section shall expire on June 30 of each year.
D. 
All operator's licenses issued under this section entitle the holder thereof to be an operator in any licensed premises in the municipality.
A. 
Statutory requirements. Licenses and permits shall be issued only to those persons eligible under Ch. 125, Wis. Stats. Licenses and permits granted in error shall be void.
B. 
Health and sanitation requirements. No retail "Class A," Class "A," "Class B" or Class "B" alcohol beverage license shall be issued for any premises which does not conform to the sanitary, safety and health requirements of the State Department of Safety and Professional Services pertaining to buildings, electrical and plumbing, to the rules and regulations of the State Department of Health Services applicable to restaurants, if the premises is licensed to serve food, and to all such rules and regulations as to building, health and sanitation adopted by the municipality, the county, the state or the federal government.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Delinquent taxes, assessments, forfeitures or claims.
(1) 
No initial or renewal alcohol beverage license shall be issued for any premises or property for which taxes, assessments, forfeitures, or claims of the municipality are delinquent and unpaid.
(2) 
No initial or renewal license or permit shall be issued under this chapter to any person:
(a) 
Who is delinquent in the payment of any taxes, assessments, or other claims owed the municipality.
(b) 
Who is delinquent in the payment of a forfeiture resulting from the violation of any ordinance of the municipality.
(c) 
Who is delinquent in the payment of any taxes to the state or county.
(d) 
Who has any outstanding warrant or capias from any other municipal, state or federal court.
D. 
License quotas.
[Amended 11-11-1991 by Ord. No. 91-19; 7-10-1995 by Ord. No. 95-1; 6-25-2002 by Ord. No. 02-2; 5-10-2004 by Ord. No. 04-5]
(1) 
Class "A" retail fermented malt beverage licenses. There shall be no more than one Class "A" retail fermented malt beverage license issued within any license year.
(2) 
Class "B" retail fermented malt beverage licenses. There shall be no more than 10 Class "B" retail fermented malt beverage licenses issued within any license year.
(3) 
"Class A" retail liquor licenses. There shall be no more than one "Class A" liquor license issued within any license year.
(4) 
"Class B" retail liquor licenses. There shall be no more than nine "Class B" retail liquor licenses issued within any license year.
(5) 
"Class C" retailer's license. There shall be no more than one "Class C" retail license issued within any license year.
A. 
Consent to inspection. Every applicant obtaining a license thereby consents to the entry of the police or other authorized representatives of the municipality or the state at any reasonable time for the purpose of inspection and search and consents to the removal from said premises of all things found in violation of municipal ordinances or state law and consents to the introduction of such things as evidence in any prosecution that may be brought for such offenses.
B. 
Safety and sanitation requirements. Each licensed premises shall be maintained and conducted in a sanitary manner and shall be a safe and proper place for the purpose being used.
C. 
Sales on credit prohibited. No retail licensee shall sell or offer to sell any alcohol beverage to any person on credit except by a hotel to a resident guest, by a restaurant to a patron, a club to a bona fide member, and by grocers and pharmacists who maintain a credit system in connection with other purchases. No licensee shall sell alcohol beverages on a passbook or store order, or receive goods, wares, or merchandise in exchange for alcohol beverages.
D. 
Orderly conduct required. Every licensed premises shall be conducted in an orderly manner and no disorderly, riotous or indecent conduct shall be allowed.
E. 
Gambling prohibited. Gambling shall not be permitted on a licensed premises, unless authorized by state law. Slot machines or other devices of chance are prohibited and shall not be kept on the premises, unless authorized by state law.
F. 
Lewd, obscene performances, etc., prohibited. No licensee shall advertise, produce, perform or allow any lewd, obscene, or indecent performance of any kind on the premises.
G. 
Sale to intoxicated persons prohibited. No licensee, agent, operator or server shall sell, give, procure or otherwise furnish any alcohol beverages to an intoxicated person.
H. 
Underage persons. No licensee shall employ any underage person to serve, sell, dispense, or give away an alcohol beverage unless authorized by state law or the general codes of the municipality. The current and future provisions of § 125.10(2), Wis. Stats., and §§ 125.07(4)(a), (b) and (bm) and 125.09(2), Wis. Stats., are adopted and made a part of this section by reference. A violation of any such provision shall constitute a violation of this section. Any future amendments, revisions, modifications or additions of the statutes incorporated herein are intended to be made part of this section in order to secure uniform statewide regulation of alcohol beverages in this state.
I. 
Controlled substance use prohibited. The conviction of any licensee, partner, agent, authorized representative or employee of the use, possession, delivery or intent to deliver any controlled substance defined and regulated under Ch. 961, Wis. Stats., may be considered grounds for the revocation or suspension of any license provided for in this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
J. 
Regulation of entertainment and entertainers. No "Class B" or Class "B" licensee shall employ or permit to perform on the premises any entertainer, except a member of a band, a vocalist, a piano or organ player or a comedian. All such entertainers shall be fully clothed in such a manner as is acceptable in all public places. No licensee shall allow any entertainment which makes an appeal to prurient interests. Dancing among patrons, but not between patron and employee, is permitted upon permit and with the approval of location by the Fire Chief.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
K. 
Solicitation of drinks prohibited. No person shall solicit or be allowed to solicit drinks on a licensed premises.
A. 
Transfer of licenses.
(1) 
The transfer of every alcohol beverage license shall be governed by § 125.04(12), Wis. Stats.
(2) 
No transfer of an operator's license is permitted.
(3) 
If the transfer is approved by the governing body pursuant to § 125.04(12)(b)4, all conditions set forth under this chapter shall be complied with.
(4) 
Failure to conform to the terms of license transfer shall be grounds for denial, suspension or revocation of the license.
B. 
Nonuse of license. If a license or permit issued under this chapter is not used within 60 days after its issuance or its usage is discontinued for a period of 60 days or more, such nonuse shall be grounds for cancellation, suspension, revocation or nonrenewal of the license or permit in accordance with the provisions of this chapter and the laws of Wisconsin.
C. 
Nonrenewal of licenses. Before renewal of any license or permit issued under this chapter is refused, the licensee or permittee shall be given written notice of any charges or violations or reasons proposed for nonrenewal and shall have an opportunity to be heard before the governing body.
D. 
Violations by agents and employees. A violation of this chapter by an authorized agent or employee of the licensee shall constitute a violation by the licensee.
E. 
Closing hours. Closing hours shall be as set by state statute with the following applicable local options:
[Amended 1-9-2012 by Ord. No. 12-1; 2-9-2015 by Ord. No. 15-1]
(1) 
If a retail Class "A" fermented malt beverage license, between 9:00 p.m. and 6:00 a.m.
(2) 
If a retail "Class A" intoxicating liquor license, between 9:00 p.m. and 6:00 a.m.
F. 
Local option. The holder of a retail "Class B" liquor license shall be permitted to sell, deal and traffic in intoxicating liquors to be consumed by the glass only on the premises and in the original packages or containers in multiples not to exceed four liters at any one time and to be consumed off the licensed premises. Off-premises sales shall cease at 12:00 midnight of each day. It is intended by this subsection that the packaged sales from Class "B" licensed premises will not be permitted after 12:00 midnight under the option granted herein.
A. 
Whenever the holder of any alcohol beverage license under this chapter violates any portion of this chapter, proceedings for the revocation or suspension of the license may be instituted in the manner and under the provisions established under § 125.12, Wis. Stats. In addition, the governing body, by its own motion by adoption of a resolution, may begin proceedings for the revocation or suspension of such license.
B. 
Whenever the governing body or the Municipal Clerk, as agent thereof, is made aware of an incompatibility in the operation of a licensed premises in relation to its surrounding or nearby environment or a licensed premises is in violation of any condition established or required at the issuance of the license or of this chapter or the state law, including all requirements regarding the duty to supervise employees, proceedings for the purpose of revoking, establishing new conditions, or continuing the license under previous conditions will be initiated under the same procedures as provided in Subsection A.
C. 
Operator's licenses. Suspension or revocation of operator's licenses granted pursuant to this chapter shall be governed as follows:
(1) 
Any committee as established by the governing body may revoke or suspend an operator's license following a hearing held by the committee. Notice shall be mailed to the licensee not less than eight days prior to the hearing or upon personal service of notice not less than two days prior to the hearing.
(2) 
Appeal from the decision of the committee may be made by the licensee upon filing a petition for review by the full governing body by presenting the petition and paying a fee set by the Town Board to the Municipal Clerk. The governing body shall schedule a hearing not more than 30 days from the date the appeal is filed.
[Amended 2-9-2015 by Ord. No. 15-1]
D. 
Automatic revocation. Any license or permit issued under this chapter may be revoked without further proceedings upon the conviction of the licensee, agent, employee or representative thereof, pursuant to § 125.11, Wis. Stats.
[1]
Editor's Note: Former § 356-11, Economic development grant for reserve "Class B" establishments, was repealed 5-13-2019 by Ord. No. 19-4.
[Amended 9-12-1994 by Ord. No. 94-6[1]]
Each violation of any provision of this chapter shall be subject to the penalties and remedies described in Chapter 1, General Provisions, Article I, General Penalty, of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).