[Adopted as Title 7, Ch. 2, Arts. B and C, of the 1998 Village
Code of Ordinances]
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 acts 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 Village Board may issue an operator's license, which license
shall be granted only upon application in writing on forms to be obtained
from the Village Clerk-Treasurer only to persons 18 years of age or
older. Operator's licenses shall be operative only within the
limits of the Village.
B.
All applications are subject to an investigation by Village-designated
law enforcement authorities 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. The
investigating authority shall 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 and
conviction record. Based upon such investigation, the investigating
authority shall recommend, in writing, to the Village Board approval
or denial of the application. If the investigating authority recommends
denial, the investigating authority shall provide, in writing, the
reasons for such recommendation.
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.
B.
Provisional license. The Village Clerk-Treasurer may issue provisional
operator's licenses in accordance with § 125.17(5),
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. A law enforcement officer shall
submit to the Clerk-Treasurer a report regarding the applicant's
conviction history, if any. The applicant for such provisional license
must present evidence to the Clerk-Treasurer establishing that the
applicant is enrolled in a responsible beverage server training course
established pursuant to § 125.17(5)(a), Wis. Stats. The
Village Clerk-Treasurer may, upon receiving an application for a temporary
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 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 Village Board, who has had his operator's license
revoked or suspended within the preceding 12 months, or who previously
held an operator's license and who failed to complete the responsible
beverage server training course without first successfully completing
the program. The Village Clerk-Treasurer shall provide an appropriate
application form to be completed in full by the applicant. The Village
Clerk-Treasurer may revoke the provisional license issued if he discovers
that the holder of the license made a false statement on the application.
A provisional license shall not be renewed.[2]
C.
Temporary license. The Clerk-Treasurer 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.
(3)
The license is valid for any period from one day to 14 days, and
the period for which it is valid shall be stated on the license.
A.
After the Village Board approves the granting of an operator's
license, the Village Clerk-Treasurer shall issue the license. Such
licenses shall be issued and numbered in the order they are granted
and shall give 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 Village Board, the Village Clerk-Treasurer
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 Village Board in a 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 Village Clerk-Treasurer 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 Circuit Court pursuant
to § 125.12(2)(d), Wis. Stats., for review.
C.
Considerations.
(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 Village 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 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 Village 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.
Except as provided in Subsection B below, the Village 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:[1]
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, or the licensee shall carry a license card.
Violation of any of the terms or provisions of the state law
or of this chapter relating to operators' licenses by any person holding
such operator's license shall be cause for revocation of the
license.
A.
Forfeitures for violations of §§ 125.07(1)-(4) and 125.09(2) of the Wisconsin Statutes, adopted by reference in § 235-1 of the Code of the Village of Clyman, 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 of the Village of Clyman, 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 Village of Clyman.[1]
C.
Nothing herein shall preclude or affect the power of the sentencing
court to exercise additional authorities granted by the Wisconsin
Statutes.
