[HISTORY: Adopted by the Village Board of the Village of Rothschild as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements and entertainment — See Ch. 189.
Peace and good order — See Ch. 422.
[Adopted 11-13-1967 as Secs. 16.01 and 16.02 of the 1967 Code]
[Amended 5-21-1992; 8-28-2017]
Wis. Stats. Ch. 125, and as from time to time amended, is hereby adopted by reference and incorporated into this Code as if fully set forth herein.
[Amended 9-23-1991; 5-21-1992; 12-21-1998; 12-18-2000; 12-23-2002; 4-11-2005; 8-28-2017]
A. 
The Village Clerk is hereby authorized to issue temporary Class "B" licenses.
B. 
The Village Clerk is hereby authorized to issue temporary "Class B" licenses.
C. 
The fee for a temporary Class "B" or "Class B" license shall be $10, except that if both licenses are issued for the same event then the total fee charged shall be $10.
[Amended 5-12-1992; 8-28-2017]
A. 
Operators' licenses that are not provisional or temporary shall be valid for one year, except that such licenses shall expire on June 30.
B. 
The fee for an operator's license or temporary operator's license shall be as posted in the Village's fee schedule.
[Amended 1-8-2018]
C. 
The Village Board hereby designates and authorizes the Clerk to issue operators' licenses.
[Added 7-27-2020]
[1]
Editor’s Note: Former § 357-4, Closing hours, as amended, was repealed 8-25-2017.
[Added 12-9-1996]
No "Class A" or "Class B" intoxicating liquor license shall be issued or reissued unless at the time of application the applicant has a building on the premises for the purposes of utilizing the license. Said building shall comply with all federal, state, Marathon County and Village of Rothschild laws, regulations and ordinances. If the building where alcoholic beverages is destroyed, the license shall remain valid until the expiration of the license term and, in addition, the person issued the license shall have 60 days after expiration to complete construction of a new building for reissuance of a new license. The Village Board, at its option, may waive the construction completion requirement if the Village Board receives from the applicant written plans or written contracts with a signed sworn statement from the applicant that construction of a building for retail alcohol sale will be completed for actual business operations and in conformity with state and Village laws, regulations and ordinances within 90 days after the submittal of the application.
[Added 9-23-1991; amended 8-28-2017]
A. 
The Village Clerk shall issue provisional alcohol operator licenses and provisional retail alcohol licenses pursuant to §§ 125.17(5) & 125.185, Wis. Stats. The fee for such licenses shall be $15.
B. 
An applicant shall receive a provisional operator's license upon evidence that the applicant has met all requirements for a standard operator's license except for having yet taken a responsible beverage server training course or equivalent.
C. 
A provisional operator's license expires 60 days after its issuance or when a regular operator's license is issued to the holder of such license, whichever occurs first.
D. 
An applicant shall receive a provisional retail license upon evidence that the applicant has met all requirements for a standard retail license except for not meeting one or both of the following: the fifteen-day waiting period prior to the granting of such license pursuant to § 125.04(3)(f), Wis. Stats.; publication prior to the granting of such license pursuant to § 125.04(3)(g), Wis. Stats.
[Amended 1-8-2018]
E. 
A provisional retail license expires 60 days after its issuance or when a regular retail license is issued to the holder of such license, whichever occurs first.
[Amended 5-21-1992; 8-28-2017]
A. 
In the alternative to the penalties provided for in Wis. Stats. Ch. 125, and in the case of any provision of this article that does not also appear in Wis. Stats. Ch. 125, any person violating this article shall be subject to § 1-2 of this Code.
B. 
In addition to or in lieu of a forfeiture, any license issued pursuant to this article shall be subject to proceedings for nonrenewal, suspension or revocation pursuant to § 125.12, Wis. Stats.
[Adopted 3-26-2012]
The Village Board intends to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, and intends to hold persons civilly responsible who host events or gatherings where persons under 21 years of age possess or consume alcohol, regardless of whether the person hosting the event or gathering supplied the alcohol. The Village Board finds that:
A. 
Events and gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of 21 are harmful to those persons and constitute a potential threat to public health requiring prevention or abatement.
B. 
Prohibiting underage consumption acts to protect underage persons, as well as the general public, from injuries related to alcohol consumption, such as alcohol overdose or alcohol-related traffic collisions.
C. 
Alcohol is an addictive drug which, if used irresponsibly, could have drastic effects on those who use it as well as those who are affected by the actions of an irresponsible user.
D. 
Often, events or gatherings involving underage possession and consumption occur outside the presence of parents. However, there are times when the parent(s) is/are present and condone(s) the activity and, in some circumstances, provide(s) the alcohol.
E. 
A deterrent effect will be created by holding a person responsible for hosting an event or gathering where underage possession or consumption occurs.
For purposes of this article, the following terms have the following meanings:
ADULT
A person who has obtained the age of 17 years or older.
ALCOHOL
Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin or any other distilled spirits, including dilutions and mixtures thereof, from whatever source or by whatever process produced.
ALCOHOL BEVERAGE
Alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer and which contains 1/2 of 1% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.
CONTROL
The power to direct, manage, oversee, supervise, organize, or conduct, and shall also mean hosting, allowing or permitting, or sponsoring. A person need not be present on the premises to be in control.
EVENT or GATHERING
Any group of three or more persons who have assembled or gathered together for a social occasion or other activity.
HOST or ALLOW
To aid, conduct, entertain, organize, supervise, control or permit a gathering or event.
IN CONTROL
The power to direct, manage, oversee and/or restrict the affairs, business or assets of a person or entity.
KNOWINGLY PERMIT
There must be evidence or a reasonable inference from evidence that the person knew or should have known that consumption of alcohol would occur.
PARENT
Any person having legal custody of a juvenile:
A. 
As a natural or adoptive parent or stepparent;
B. 
As a legal guardian; or
C. 
As a person to whom legal custody has been given by order of the court.
PREMISES
Shall have the meaning under § 125.02(14m), Wis. Stats., and shall also include all public or private property, regardless of whether said property is described in a license or permit.
PRESENT
Being at hand or in attendance.
RESIDENCE, PREMISES or PUBLIC OR PRIVATE PROPERTY
Any home, yard, farm, field, land, apartment, condominium, hotel or motel room or other dwelling unit, or a hall or meeting room, park or any other place of assembly, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented or used with or without permission or compensation.
UNDERAGE PERSON
Any individual under 21 years of age.
It is unlawful for any person(s) to host or allow an event or gathering at any residence or premises or on any other private or public property where alcohol or alcoholic beverages are present when the person knowingly permits consumption of any alcohol or alcoholic beverage, or possess any alcohol or alcoholic beverage with the intent to consume it, and the person fails to take reasonable steps to prevent possession or consumption by the underage person(s).
A. 
A person is responsible for violating this section if the person intentionally aids, advises, hires, counsels or conspires with or otherwise procures another to commit the prohibited act.
B. 
A person who hosts an event or gathering does not have to be present at the event or gathering to be responsible.
C. 
No adult may knowingly permit or fail to take action to prevent the illegal consumption of alcoholic beverages by an underage person on premises owned by the adult or under the adult's control.
This article does not apply to:
A. 
Conduct solely between an underage person and his or her parents while the parent is present and in control of the underage person.
B. 
Legally protected religious observances.
C. 
Situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment.
A person who violates any provision of this article is subject to a forfeiture of not less than $1,000 nor more than $5,000, together with the costs of prosecution.