[HISTORY: Adopted by the Town Board of the Town of Pacific
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-17-1999 by Ord. No. 99-1]
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 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.
For purposes of this article, the following terms shall have
the meanings indicated:
Any establishment licensed by the Town Board of the Town
of Pacific to sell alcohol beverages pursuant to Ch. 125, Wis. Stats.
The holder of a retail Class "A," Class "B," "Class B," "Class
A" or "Class C" license granted by the Town Board of the Town of Pacific
pursuant to Ch. 125, Wis. Stats.[1]
Any person, partnership or corporation who violates any of the provisions of this article shall be subject to a penalty as provided in § 1-1 of this Code. A separate offense and violation shall be deemed committed on each day on which violation occurs or continues. In addition, violation of this article constitutes sufficient grounds for suspending, revoking or not renewing an alcohol beverage license under § 125.12, Wis. Stats.
[Adopted 9-18-2012 by Ord. No. 2012-35]
The provisions of Chapter 125 of the Wisconsin Statutes, relating
to the sale of intoxicating liquor and fermented malt beverages, except
provisions therein relating to penalties to be imposed, are hereby
adopted by reference and made a part of this article 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 amendment, 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. This article repeals and replaces any previously
adopted Town ordinance as to those matters that are provided for in
this article.
As used in this article, the terms "alcohol beverages," "intoxicating
liquors," "principal business," "legal drinking age," "premises,"
"sell," "sold," "sale," "restaurant," "club," "retailer," "person,"
"fermented malt beverages," and "wholesalers" shall have the meanings
given to them by Ch. 125, Wis. Stats.
No person, firm or corporation shall vend, sell, deal or traffic
in or have in his/her possession with intent to vend, sell, deal or
traffic in or, for the purpose of evading any law or ordinance, give
away any intoxicating liquor or fermented malt beverage in any quantity
whatever, or cause the same to be done, without having procured a
license as provided in this article nor without complying with all
the provisions of this article and all statutes and regulations applicable
thereto, except as provided by §§ 125.26, 125.27, 125.28
and 125.51, Wis. Stats.
A.
Retail "Class A" intoxicating liquor license. A retail "Class A"
intoxicating liquor license, when issued by the Town Clerk under the
authority of the Town Board, shall permit its holder to sell, deal
and traffic in intoxicating liquors only in the original packages
or containers and to be consumed off the premises so licensed.
B.
Retail "Class B" intoxicating liquor license. A retail "Class B"
intoxicating liquor license, when issued by the Town Clerk under the
authority of the Town Board, shall permit its holder to sell, deal
and traffic in intoxicating liquors to be consumed by the glass only
on the premises so licensed and in the original package or container
in multiples not to exceed four liters at any one time to be consumed
off the premises.
C.
Class "A" fermented malt beverage retailer's license. A Class "A"
fermented malt beverage retailer's license, when issued by the Town
Clerk under the authority of the Town Board, shall entitle the holder
thereof to posses, sell or offer for sale fermented malt beverages
only for consumption away from the premises where sold and in the
original packages, containers or bottles. Such license may be issued
after July 1. The license shall expire the following June 30.
D.
Class "B" fermented malt beverage retailer's license.
(1)
License. A Class "B" fermented malt beverage retailer's license,
when issued by the Town Clerk under the authority of the Town Board,
shall entitle the holder thereof to possess, sell or offer for sale
fermented malt beverages, either to be consumed on the premises where
sold or away from such premises. The holder may also sell beverages
containing less than 1/2 of a per centum of alcohol by volume without
obtaining a special license to sell such beverages. Such license may
be issued after July 1. The license shall expire on the following
June 30.[1]
[1]
Editor's Note: The Town Zoning Regulations are on file and
available in the Planning Office and on the Town's website.
(2)
Application. Class "B" licenses may be issued to any person qualified
under § 125.04(5), Wis. Stats. Such licenses may not be
issued to any person acting as agent for or in the employ of another,
except that this restriction does not apply to a hotel or restaurant
that is not part of or located on the premises of any mercantile establishment
or to a bona fide club, society or lodge that has been in existence
at least six months before the date of the application. A Class "B"
license for a hotel, restaurant, club, society or lodge may be issued
in the name of an officer, who shall be personally responsible for
compliance with this article. Except as provided in § 125.295,
Class "B" licenses may not be issued to brewers or brew pubs. A Class
"B" license may not be issued to a person holding a wholesaler's permit
issued under § 125.28, Wis. Stats., or to a person who has
a direct or indirect ownership interest in a premises operating under
a wholesaler's permit issued under § 125.28, Wis. Stats.[2]
E.
Temporary Class "B" fermented malt beverage license.
(1)
License. As provided in § 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 post,
or during a fair conducted by the fair association or agricultural
society. A license issued to a county or district fair licenses the
entire fairgrounds where the fair is being conducted and all persons
engaging in retail sales of fermented malt beverages from leased stands
on the fairgrounds. The county or district fair to which the license
is issued may lease stands on the fairgrounds to persons who may engage
in retail sales of fermented malt beverages from the stands while
the fair is being held. Such license is valid for dates as approved
by the Town Board.
(2)
Application. Applications 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 Town Clerk 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 plus the costs of prosecution 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 Town 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 Town park, the applicant shall specify the main point of
sale facility.[3]
F.
Temporary Class "B" wine license.[4]
(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
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. No fee may be charged to a person who at
the same time applies for a temporary Class "B" beer license under
§ 125.26(6), Wis. Stats., for the same event. A license
issued to a county or district fair licenses the entire fairgrounds
where the fair is being conducted and all persons engaging in retail
sales of wine from the stands while the fair is being held.
(2)
Application. Applications 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 Town Clerk 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 together with the costs of prosecution 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 Town 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 Town park, the applicant shall specify
the main point of sale facility.[5]
G.
Retail Class "C" license.
(1)
In this Subsection, "barroom" means a room primarily used for the
sale or consumption of alcohol beverages.
(2)
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.
(3)
A "Class C" license may be issued to a person qualified under § 125.04(5),
Wis. Stats., for a restaurant in which the sale of alcohol beverages
accounts for less than 50% of gross receipts and which does not have
a barroom or the municipality's quota prohibits the municipality from
issuing a "Class B" license to that person. A "Class C" license may
not be issued to a foreign corporation or a person acting as agent
for or in the employ of another.
(4)
A "Class C" license shall particularly describe the premises for
which it is issued.
H.
Reserve "Class B" intoxicating liquor license. Reserve "Class B"
intoxicating liquor license has the meaning set forth in § 125.51(4)(a)4,
Wis. Stats. A reserve "Class B" intoxicating liquor license, when
issued by the Town Clerk under authority of the Town Board, shall
permit its holder to sell, deal and traffic in intoxicating liquors
to be consumed by the glass only on the premises so licensed and 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.[6]
[6]
Editor's Note: The Town Zoning Regulations are on file and
available in the Planning Office and on the Town's website.
I.
Provisional retail licenses. The Town may issue provisional retail
licenses for the sale of fermented malt beverages, intoxicating liquors
and wine, pursuant to § 125.185, Wis. Stats.
(1)
Designation of Town official. The Town Clerk or Deputy Town Clerk
shall be the designated municipal official having the authority to
issue provisional retail licenses.
(2)
Standards. The following standards shall apply to the issuance of
a provisional retail license:
(a)
A onetime only provisional license may be issued to a person
who has applied for a Class "A," Class "B," "Class A," "Class B" or
"Class C" license. That provisional license shall authorize only the
activities that the type of retail license applied for authorizes.
(b)
The fee for a provisional retail license, which shall be paid
at the time of application, is $15.
(c)
A provisional retail license expires 60 days after its issuance
or when the Class "A," Class "B," "Class A," "Class B" or "Class C"
license is issued to the holder, whichever is sooner. The Town Clerk
may revoke the license if he or she discovers that the holder of the
license made false statements on the application.
(d)
No municipal official may issue a provisional "Class B" license
if the municipality's quota under § 125.51(4) Wis. Stats.,
prohibits the municipality from issuing a "Class B" license.
(e)
No person may hold more than one provisional retail license
for each type of license applied for by the holder per year.
(f)
Before a provisional license is issued, the Town Clerk shall
be satisfied that the following standards will be met:
[1]
The applicant has met or will be able to meet the minimum licensing
qualifications and requirements.
[2]
The licensed premises has undergone all required inspections
and meets all applicable codes.
[3]
No objection to the issuance of the license has been filed with
the Town Clerk by any Town officials or officers or by a third party.
[4]
The applicant and the premises will be able to satisfy all prerequisites
for the issuance of a regular license within the period of the sixty-day
provisional license.
There shall be the following classes of licenses which, when issued by the Town Clerk under the authority of the Town Board after payment of 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 § 250-8 of this article and Ch. 125, Wis. Stats.
A.
Class "A" fermented malt beverages retailer's license. The fee for
this license shall be established by the Town Board in a resolution
to be adopted by the Town Board. The fee for a license for less that
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 beverages retailer's license.
(1)
The fee for this license shall be established by the Town Board in
a resolution to be adopted by the Town Board. This license may be
issued at anytime 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.
(2)
A Class "B" fermented malt beverages license may also be issued to
bona fide clubs, 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 and at a meeting of the
post. The fee for this license shall be established by the Town Board
in a resolution to be adopted by the Town Board.
C.
Temporary Class "B" fermented malt beverage license. The fee for
this license shall be established by the Town Board in a resolution
to be adopted by the Town Board.
D.
Temporary "Class B" wine license. The fee for this license shall
be established by the Town Board in a resolution to be adopted by
the Town Board. However, there shall be no fee if the temporary wine
license is obtained along with a temporary fermented malt beverage
license.[1]
E.
"Class A" intoxicating liquor retailer's license. The fee for this
license shall be established by the Town Board in a resolution to
be adopted by the Town Board.
F.
"Class B" intoxicating liquor retailer's license. The fee for this
license shall be established by the Town Board in a resolution to
be adopted by the Town Board. This license may be issued anytime 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 once issued.
G.
Class "C" license. The fee for this license shall be established
by the Town Board in a resolution to be adopted by the Town Board.
The fee for less than 12 months shall be prorated on a daily basis.
H.
Reserve Class "B" intoxicating liquor license. The annual fee for a reserve Class "B" intoxicating liquor license shall be the same as the annual fee for a Class "B" intoxicating liquor license as prescribed in Subsection F of this section. An applicant for a reserve Class "B" intoxicating liquor license shall pay an initial issuance fee of $10,000, except that this initial issuance fee shall not be required for an initial issuance of a reserve Class "B" intoxicating liquor license to a bona fide club or lodge situated or incorporated in the state for at least six years.
A.
Contents. Application for a license to sell or deal in intoxicating
liquor or fermented malt beverages shall be made in writing on the
form prescribed by the Wisconsin Department of Revenue and shall be
sworn to by the applicant as provided by §§ 887.01
to 887.03, Wis. Stats., and shall be filed with the Town Clerk/Treasurer
not less than 15 days prior to the granting of such license. The premises
shall be physically described to include every room and storage space
to be covered by the license, including all rooms not separated by
a solid wall or joined by connecting entrances.
B.
Corporations. Such application shall be filed and sworn to by the
applicant if an individual, by the president and secretary, if a corporation.
C.
Publication. The Town Clerk/Treasurer shall publish each application
for a Class "A" license, Class "B," "Class A" or "Class B" or "Class
C" license. There is no publication requirement for temporary Class
"B" picnic beer licenses under § 125.26, Wis. Stats., or
temporary "Class B" picnic wine licenses under § 125.51(10),
Wis. Stats. The application shall be published once in the official
Town newspaper, and the costs of publication shall be paid by the
applicant at the time the application is filed, as determined under
§ 985.08., Wis. Stats.
D.
Amending application. Whenever anything occurs to change any fact
set out in the application of any licensee, such licensee shall file
with the issuing authority a notice in writing of such change within
10 days after the occurrence thereof.
E.
License quotas.
(1)
Retail intoxicating liquor licenses issued by the Town Board shall
be limited in number to the quota prescribed by law.
(2)
No more than one Class "B" fermented malt beverage license shall
be granted by the Town of Pacific to be effective in said Town at
any one time, except a Class "B" fermented malt beverage license may
be issued as a combination license with a Class "B" intoxicating liquor
license. The Town of Pacific shall not be required to grant the full
number of Class "A" and Class "B" fermented malt beverage licenses
permitted in this subsection. In determining whether or not to grant
a Class "A" or Class "B" fermented malt beverage license, the Town
may take into account the following:
(a)
The effect the granting of a license may have upon traffic patterns
and traffic congestion in the locale of the premises sought to be
licensed.
(b)
The location of other premises already holding "Class A" or
"Class B" intoxicating liquor licenses and whether the location of
the premises sought to be licensed will promote the goal of providing
the services of "Class A" and "Class B" liquor establishments to all
residents of the Town of Pacific.
(c)
Any other considerations which the Town deems appropriate to
its determination of whether or not to grant a "Class A" or "Class
B" intoxicating liquor license.
(3)
The Town of Pacific shall not be required to grant the full number
of "Class A" and "Class B" intoxicating liquor licenses permitted
by law. In determining whether or not to grant a "Class A" and "Class
B" intoxicating liquor license, the Town may take into account the
following:
(a)
The effect the granting of a license may have upon traffic patterns
and traffic congestion in the locale of the premises sought to be
licensed.
(b)
The location of other premises already holding "Class A" or
"Class B" intoxicating liquor licenses and whether the location of
the premises sought to be licensed will promote the goal of providing
the services of "Class A" and "Class B" liquor establishments to all
residents of the Town of Pacific.
(c)
Any other considerations which the Town deems appropriate to
its determination of whether or not to grant a "Class A" or "Class
B" intoxicating liquor license.
A.
Residence requirements. A retail Class "A" or Class "B" fermented
malt beverage or "Class A" or "Class B" intoxicating liquor license
shall be granted only to persons or their agents who are citizens
of the United States and who have been residents of the State of Wisconsin
and Columbia County continuously for at least 90 days prior to the
date of the application.
B.
Applicant to have malt beverage license. No retail "Class B" intoxicating
liquor license shall be issued to any person who does not have or
to whom is not issued a Class "B" retailer's license to sell fermented
malt beverages.
C.
Right to premises. No applicant will be considered unless he or she
has the right to possession of the premises described in the application
for the license period by lease or by deed.
D.
Age of applicant. Licenses related to alcohol beverages shall only
be granted to persons who have attained the legal drinking age.
E.
Corporate restrictions.
(1)
No license or permit may be issued to any corporation unless the
corporation meets the qualifications under Wisconsin Statutes, unless
the designated agent and the officers and directors of the corporation
meet the qualifications under Wisconsin Statutes, and unless the agent
of the corporation meets the qualifications under Wisconsin Statutes.
(2)
Each corporate applicant shall file with its application for such
license a statement by its officers showing the names and addresses
of the persons who are stockholders together with the amount of stock
held by such person or persons. It shall be the duty of each corporate
applicant and licensee to file with the Town Clerk a statement of
transfers of stock within 48 hours after such transfer of stock.
(3)
Any license issued to a corporation may be revoked in the manner
and under the procedure established in Ch. 125, Wis. Stats., when
more than 50% of the stock interest, legal or beneficial, in such
corporation is held by any person or persons not eligible for a license
under this article or under the state law.
F.
Sales tax qualification. All applicants for retail licenses shall
provide proof, as required by Wisconsin Statutes, that they are in
good standing for sales tax purposes (i.e., hold a seller's permit)
before they may be issued a license.
G.
Separate license required for each place of sale. A separate license
shall be required for each stand, place, room or enclosure for each
suite of rooms or enclosures which are in a direct connection or communication
where intoxicating liquor of fermented malt beverages are kept, sold
or offered for sale; and no license shall be issued to any person,
firm, partnership, corporation or association for the purpose of possession,
selling or offering for sale any intoxicating liquors or fermented
malt beverages in any dwelling, house, flat or residential apartment.
H.
Off-street parking facilities. No "Class B" intoxicating liquor license
shall be issued for any premises unless said premises provides off-street
parking stalls equal in number to 50% of the number of patrons which
said premises may lawfully accommodate. This restriction shall not
apply in the case of renewal licenses issued for premises licensed
as of the enactment of this subsection.
I.
Connecting premises. Except in the case of hotels, no person may
hold both a "Class A" license and either a "Class B" license or permit,
a Class "B" license or permit, or a "Class C" license for the same
premises or for connecting premises already covered by the other type
of license or permit; the license or permit last issued is void. If
both licenses and permits are issued simultaneously, both are void.
J.
Limitations on other business; Class "B" premises. No Class "B" license
or permit may be granted for any premises where any other business
is conducted in connection with the premises, except that this restriction
does not apply if the premises for which the Class "B" license or
permit is issued is connected to premises where other business is
conducted by a secondary doorway that serves as a safety exit and
is not the primary entrance to the Class "B" premises. No other business
may be conducted on premises operating under a Class "B" license or
permit. These restrictions do not apply to any of the following:
(1)
A hotel;
(2)
A restaurant, whether or not it is a part of or located in any mercantile
establishment;
(3)
A combination grocery store and tavern;
(4)
A combination sporting goods store and tavern in towns, villages
and fourth class cities;
(5)
A combination novelty store and tavern;
(6)
A bowling alley or recreation premises; or
(7)
A club, society or lodge that has been in existence for six months
or more prior to the date of filing application for the Class "B"
license or permit.
The Town Clerk shall notify the Fire Inspector and Building
Inspector 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 Town Clerk in writing, who shall forward to the Town 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.
The Town shall not issue or renew any license for:
(1)
The operation on any premises or with any equipment for which taxes,
assessments, forfeitures or other financial claims owed to the Town
are delinquent and unpaid; or
(2)
Any applicant who is delinquent in payment of any taxes, assessments
or other claims owed to the Town or who is delinquent in the payment
of any forfeiture resulting from a violation of any Town ordinance.
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 Department of Health Services 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 Town.
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 five years immediately preceding the license application.
Because a license is a privilege, the issuance of which is a right
granted by the Town Board, the Town 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 actively within the five years immediately preceding,
act to suspend such license for a period of one year.
A.
In the event the application is for a "Class A" or "Class B" intoxicating
liquor license at a site not previously licensed under this article,
the Town Clerk shall schedule public hearings before the Town Board
on the granting of the licenses and shall notify all property owners
situated in the block of the site for which the license is sought
and all property owners within 300 feet of the proposed site of the
dates of the hearing. The notice shall be given at least 10 days before
the hearing and may be given by mail.[1]
B.
Opportunity shall be given by the governing body to any person to
be heard for or against the granting of the license. Upon the approval
of the application by the Town Board, the Town Clerk shall issue to
the applicant a license upon payment by the applicant of the license
fee to the Town. The full license fee shall be charged for the whole
or fraction of any year.
C.
If the Town 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 Town Board and to provide evidence
as to why the denial should be reversed. In addition, the notice shall
inform the application 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 Town Board consents to the request. Such
written notice shall be mailed or served upon the applicant at least
10 days prior to the Town Board meeting at which the application is
to be reconsidered.
A.
In accordance with the provisions of § 125.04(12) Wis.
Stats., a license shall be transferable from one premises to another
if such transfer is first approved by the Town Board. An application
for transfer shall be made on a form furnished by the Town Clerk.
Proceedings for such transfer shall be had in the same form and manner
as the original application. The fee for such transfer is set forth
in the official Town's Fee Schedule. Whenever a license is transferred,
the Town Clerk shall forthwith notify the Wisconsin Department of
Revenue of such transfer. In the event of the sale of a business or
business premises of the licensee, the purchaser of such business
or business premises of the licensee must apply to the Town for reissuance
of said license, and the Town, as the licensing authority, shall in
no way be bound to reissue said license to said subsequent purchaser.
B.
Whenever the agent of a corporate holder of a license is for any
reason replaced, the licensee shall give the Town Clerk written notice
of said replacement, the reasons therefor and the new appointment.
Until the next regular meeting or special meeting of the Town Board,
the successor agent shall have the authority to perform the functions
and be charged with the duties of the original agent. However, said
license shall cease to be in effect upon receipt by the Town Clerk
of notice of disapproval of the successor agent by the Wisconsin Department
of Revenue or other peace office of the municipality in which the
license was issued. The corporation's license shall not be in force
after receipt of such notice or after a regular or special meeting
of the Town Board until the successor agent or another qualified agent
is appointed and approved by the Town.
All licenses shall be numbered in the order in which they are
issued and shall state clearly the specific premises for which granted,
the date of issuance, the fee paid and the name of the licensee. The
Town Clerk shall mail a list of license holders to the state as required
by statute.
A.
Every person licensed in accordance with the provisions of this article
shall immediately post such license and keep the same posted while
in force in a conspicuous place in the room or place where said beverages
are drawn or removed for service or sale.
B.
It shall be unlawful for any person to post such license or permit
it to be posted upon premises other than those mentioned in the application
or knowingly to deface or destroy such license.
All retail Class "A," Class "B," "Class A" and "Class B" 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 Town applicable thereto.
A.
Consent to entry. Every applicant procuring a license thereby consents
to the entry of police or other duly authorized representatives of
the Town 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 Town 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 underage persons. No retail "Class B" or Class "B"
licenses shall employ any underage person, as defined in the Wisconsin
Statutes, except for persons holding valid operator's licenses or
otherwise authorized to be employed at such business under the Wisconsin
Statutes.[1]
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 operated
under a "Class B" or Class "B" or "Class C" license, at all times,
the licensee, members of the licensee's immediate family who have
attained the age of 18, 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 or she possesses 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 Department of Health Services 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" 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
parochial school, hospital or church. Such distance shall be measured
by the shortest route along the highway from the closest point of
the main entrance of such school, church or hospital to the main entrance
of 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," or
"Class B" liquor or fermented malt beverage or "Class C" wine 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 or 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, to receive from any person any goods, ware,
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.
Improper exhibition. It shall be unlawful for any person to perform,
or for any licensee or manager or agent of a licensee to permit any
employee, entertainer or patron to engage in any live act, demonstration,
dance or exhibition on the licensed premises which:
(1)
Exposes his or her genitals, pubic hair, buttocks, perineum, anal
region or pubic hair region; or
(2)
Exposes any device, costume or covering which give the appearance
of or simulates genitals, pubic hair, buttocks, perineum, anal region
or pubic hair region; or
(3)
Exposes any portion of the female breast at or below the areola thereof;
or
(4)
Engages in or simulates sexual intercourse and/or sexual contact,
including the touching of any portion of the breast or the genitals.
[Amended 2-18-2014 by Ord. No. 2014-1; 9-2-2014 by Ord. No. 2014-7; 7-19-2016 by Ord. No. 2016-4]
Closing hours shall be those closing hours as provided for under
Chapter 125 of the Wisconsin Statutes or its successor statute.
It shall be unlawful for any person or organization on a temporary
basis to sell or offer to sell any alcohol beverage upon any Town-owned
property or privately owned property within the Town of Pacific except
through the issuance of a temporary Class "B" fermented malt beverage
license or temporary "Class B" wine license issued by the Town 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 Town-owned property or privately owned property may
be authorized by the Town Board, providing the following requirements
are met:
A.
Compliance with eligibility standards. The organization shall meet
the eligibility requirement of a bona fide club, association, lodge
or society as set forth in the Wisconsin Statutes and shall fully
comply with the other requirements of this article. Members of an
organization which is issued a temporary license and who are issued
operator's 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 nor to any person without proper identification.
C.
Fencing. If necessary, due to the physical characteristics of the
site, the Town 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.
When possible, there shall be only one point of ingress and egress.
When required, the double fence shall be a minimum of four feet high
and a minimum of six feet between fences.
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, except for a
person holding a valid operator's license or otherwise authorized
to be employed at such business under the Wisconsin Statutes.[1]
E.
Licensed operator's requirement. A licensed operator shall be stationed
at all points of sales at all times.
F.
Waiver. The Town Board may waive or modify the requirements of this
section due to the physical characteristics of the licenses site.
G.
Insurance. The applicant for the temporary fermented malt beverage
or wine license may be required to indemnify, defend and hold the
Town and its employees and agents harmless against all claims, liability,
loss, damage or expense incurred by the Town on account of any injury
to or 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 with the Town of Pacific. The applicant
may be required to furnish a performance bond prior to being granted
the license.[2]
A.
It shall be a condition of maintaining and keeping a "Class A" retail
liquor license, "Class B" retail fermented malt beverage license,
Class "B" intoxicating liquor license or Class "B" fermented malt
beverage license in the Town of Pacific that the licensee continue
in business. Issuance of a license to or the retention of a license
by a licensee who does not continue in business is hereby declared
to be against public policy. Any proceedings to revoke or not renew
a license under this section shall be instituted and processed under
the notice and hearing procedures provided for in Ch. 125, Wis. Stats.,
under the Town's ordinances. No portion of the license fee paid for
any license rescinded under this section shall be refundable.
B.
To "continue in business" is hereby defined to mean being open to the public for the business for which the licensee is licensed at least two days per week for a minimum of six hours per day during the license term. Any licensee holding a license to sell alcohol beverages who no longer "continues in business," as defined above, shall forfeit any right or preference the licensee may have to the holding of or renewal of such license. Failure to continue in business shall be sufficient grounds for revocation or nonrenewal of any alcohol beverage license, unless exempt under Subsection C below. The closing of the licensed premises for at least 30 days shall be prima facie evidence of the licensee's failure to "continue in business." Any person holding such license who no longer continues in business and is not exempt under Subsection C below shall surrender the license upon ceasing operations and return the license to the Town Clerk no later than five working days following the day on which the operations permitted under the license cease.
C.
A licensee shall be exempt from the requirements set forth in Subsection B above under the following circumstances:
(1)
In the case of a seasonal business, for the period of the license
term when the business would normally not be open.
(2)
For a reasonable period of time, not to exceed six months, for the
purpose of general remodeling or otherwise making repairs to the premises
due to fire or other casualty with the intent to reopen for business.
The Town Board, on application, may determine that special circumstances
exist justifying an extension of this time period.
(3)
For a reasonable period of time, not to exceed six months, so long
as the business is actively and continuously listed for sale. The
Town Board, on application, may determine special circumstances exist
justifying an extension of this period.
D.
If the licensee is set up as, and operates as, a non-stock, not-for-profit
corporation, then the Town Board may waive/modify the requirement
that it operate at least two days per week for a minimum of six hours
per day. However, all other requirements in this section relating
to the licensee continuing in business shall apply to such licensee.
A.
Procedure. Whenever the holder of any license under this article
violates any portion of this article or any other ordinance of the
Town, proceedings for the revocation, suspension or nonrenewal of
such license may be instituted in the manner and under the procedure
established under this section and in accordance with § 125.12,
Wis. Stats.
B.
License revocation or suspension. License revocation or suspension
procedures shall be as prescribed by Ch. 125, Wis. Stats.
C.
Nonrenewal of licenses. Before nonrenewal of any license issued under
this article occurs, the licensee shall be given written notice of
any charges or violations or the reasons proposed for nonrenewal and
a copy of any proposed motion for nonrenewal and shall have an opportunity
to be heard before the Town Board in accordance with § 125.12,
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 Town
Clerk 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
nonalcoholic 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 Town Clerk during normal working hours. After a nonalcoholic
event notice has been given, the licensee may cancel an event(s) only
by giving notice to the Town 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" or "Class B" license.
B.
During the period of any nonalcoholic event, a notice card prescribed
by the Town 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
Town to a requesting licensee.
C.
Once a nonalcoholic 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 nonalcoholic event, all alcohol beverages
shall be stored in a locked portion of the licensed premises in a
secure place out of 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.
Operator's licenses; Class "A," Class "B" or "Class C" premises.
Except as provided under §§ 125.32(3)(b) and 125.07(3)(a)(10),
Wis. Stats., no premises operated under a Class "A," Class "B" or
"Class C" license or permit may be open for business unless there
is upon the premises the licensee or permittee, the agent named in
the license or permit if the licensee or permittee is a corporation,
or some person who has an operator's license and who is responsible
for the actions of all persons serving any fermented malt beverages
to customers. An operator's license issued in respect to a vessel
under § 125.27(2), Wis. Stats., is valid outside the municipality
that issues it. For the purpose of this section, any person holding
a manager's license under § 125.18, Wis. Stats., or any
member of the licensee's or permittee's immediate family who has attained
the age of 18 shall be considered the holder of an operator's license.
No person, including a member of the licensee's or permittee's immediate
family, other than the licensee, permittee or agent, may serve fermented
malt beverages in any place operated under a Class "A," Class "B"
or "Class C" license or permit unless he or she has an operator's
license or is at least 18 years of age and is under the immediate
supervision of the licensee, permittee, agent or a person holding
an operator's license who is on the premises at the time of the service.
A.
The Town Board may issue an operator's license, which license shall
be granted only upon application in writing on forms to be obtained
from the Town Clerk only to persons 18 years of age or older. Operator's
licenses shall be operative only within the limits of the Town.
B.
All applications are subject to an investigation by the Police Department
and/or other appropriate authority to determine whether the applicant
and/or premises to be licensed complies with all regulations, ordinances
and laws applicable thereto. These authorities may conduct an investigation
of the applicant, including, but not limited to, requesting information
from the state, surrounding municipalities, and/or any community where
the applicant has previously resided concerning the applicant's arrest
record. Based upon such investigation, the authorities may recommend
denial; the authorities shall provide, in writing, the reasons for
such recommendation.
C.
The application for an operator's license must be accompanied by
a statement that the applicant has been a resident of Columbia County
for 90 days and a statement that the applicant understands that he/she
will be fingerprinted by the Columbia County Sheriff's Department
and a check made of his/her past record (civilian and military) as
recorded by the Federal Bureau of Investigation, and that the record
so determined will become part of his/her application.
Operator's licenses issued under the provisions of this article
shall be valid for a period of one year and shall expire on the 30th
day of June of each year.
B.
Provisional license. The Town Clerk may issue provisional operator's
licenses in accordance with § 125.17, Wis. Stats. The provisional
operator's license shall expire 60 days after its issuance or when
an operator's license is issued to the holder, whichever is sooner.
The applicant for such provisional license must present evidence to
the Clerk establishing that the applicant is enrolled in a responsible
beverage server training course established pursuant to § 125.17,
Wis. Stats. The Town Clerk may, upon receiving an application for
a provisional license, issue such a license without requiring the
successful completion of the approved program as described herein.
However, such temporary license shall be used only for the purpose
of allowing such applicant the privilege of being licensed as a beverage
operator pending his or her successful completion of the approved
program, and the applicant shall also apply for a regular operator's
license. A provisional license may not be issued to any person who
has been denied an operator's license by the Town Board, who has had
his/her operator's license revoked or suspended within the preceding
12 months, or who previously held an operator's license and who failed
to successfully complete a responsible beverage server training course.
The Town Clerk shall provide an appropriate application form to be
completed in full by the applicant. The Town Clerk may revoke the
provisional license issued if he or she discovers that the holder
of the license made a false statement on the application. A provisional
license shall not be renewed.
C.
Temporary license. In accordance with § 125.17(4), Wis.
Stats., the Town Board may issue a temporary operator's license, provided
that:
(1)
This license may be issued only to operators employed by or donating
their services to nonprofit corporations;
(2)
No person may hold more than one license of this kind per year; and
(3)
The license is valid for any person from one to 14 days, and the
period for which it is valid shall be stated on the license.
A.
After the Town Board approves the granting of an operator's license,
the Town Clerk shall issue the license. Such licenses shall be issued
and numbered in the order they are granted, and the Town Clerk shall
file the applicant's name and address and the date of the expiration
of such license.
B.
Denial.
(1)
If the application is denied by the Town Board, the Town Clerk shall,
in writing, inform the applicant of the denial, the reasons therefor,
and of the opportunity to request a reconsideration of the application
by the Town Board in closed session. Such notice must be sent by registered
mail to or served upon the applicant at least 10 days prior to the
Board's reconsideration of the matter. At such reconsideration hearing,
the applicant may present evidence and testimony as to why the license
should be granted.
(2)
If upon reconsideration the Board again denies the application, the
Town Clerk shall notify the applicant in writing of the reasons therefor.
An applicant who is denied any license upon reconsideration of the
matter may apply to the Circuit Court pursuant to § 125.12(2)(d),
Wis. Stats., for review.
C.
Consideration.
(1)
Consideration for the granting or denial of a license will be based
on:
(a)
Arrest and conviction record of the applicant, subject to the
limitations imposed by §§ 111.321, 111.322 and 111.335,
Wis. Stats.;
(b)
The financial responsibility of the applicant;
(c)
The appropriateness of the location and the premises where the
licensed business is to be conducted; and
(d)
Generally, the applicant's fitness for the trust to be reposed.
(2)
If a licensee is convicted of an offense substantially related to
the licensed activity, the Town Board may act to revoke or suspend
the license.
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 five years immediately preceding the license application.
Because a license is a privilege, the issuance of which is a right
granted by the Town Board, the Town 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 actively within the five years immediately preceding,
act to suspend such license for a period of one year or more.
A.
Except as provided in Subsection B below, the Town Board may not issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course, which may include computer-based training and testing, that is approved by the Department or the educational approval board, or unless the applicant fulfills one of the following requirements:
Each license issued under the provisions of this article shall
be posted on the premises whenever the operator dispenses beverages
or be in his possession.
Violation of any of the terms or provisions of the state law
or of this article relating to operator's licenses by any person holding
such operator's license shall be cause for revocation of this license.
A.
Forfeitures for violations of §§ 125.07(1) through
(5) and 125.09(2), Wis. Stats., adopted by reference in this Code
for the Town of Pacific, shall conform to the forfeiture penalty permitted
to be imposed for violations of the comparable state statute, including
any variations or increases for subsequent offenses.
B.
Any person who shall violate any provision of this article of the Code for the Town of Pacific, except as otherwise provided in Subsection A herein, or who shall conduct any activity or make any sale for which a license is required without a license shall be subject to a forfeiture as provided in the general penalty section of this Code of the Town of Pacific.
C.
Nothing herein shall preclude or affect the power of the sentencing
court to exercise additional authorities granted by the Wisconsin
Statutes.
