[HISTORY: Adopted by the Village Board of the Village of
Tigerton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-5-1988 as Title 7, Ch. 2, of the 1988 Code]
The provisions of Chapter 125 and §§ 938.344,
944.36 and 778.25 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 amendments, revisions or modifications of the statutes incorporated
herein are intended to be made a part of this article.
As used in this chapter, the terms "alcohol beverages," "intoxicating
liquor," "sell," "sold," "restaurant," "club," "retailer," "person,"
"fermented malt beverages," "wholesaler" and "operators" shall have
the meanings given them by Ch. 125, Wis. Stats.
No person, firm or corporation shall vend, sell, deal or traffic
in or have in his 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 Village Clerk-Treasurer
under the authority of the Village Board, shall permit its holder
to sell, deal and traffic in intoxicating liquors only in 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 Village Clerk-Treasurer
under authority of the Village 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.
C.
Class "A" fermented malt beverage retailer's license. A Class "A"
fermented malt beverage retailer's license, when issued by the Village
Clerk-Treasurer under the authority of the Village Board, shall entitle
the holder thereof to possess, 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.
D.
Class "B" fermented malt beverage retailer's license. A Class "B"
fermented malt beverage retailer's license, when issued by the Village
Clerk-Treasurer under the authority of the Village Board, shall entitle
the holder thereof to possess, sell or offer for sale fermented malt
beverages to be consumed either upon the premises where sold or away
from such premises. The holder may also sell beverages containing
less than 0.5% of alcohol by volume without obtaining a special license
to sell such beverages.
E.
Special Class "B" fermented malt beverage picnic license.
(1)
A special Class "B" picnic license, when issued by the Village Clerk-Treasurer
under authority of the Village Board, as provided for in § 125.26(6),
Wis. Stats., shall entitle the holder thereof to possess, sell or
offer for sale fermented malt beverages at a particular picnic or
similar gathering, at a meeting of a post, or during a fair conducted
by a fair association or agricultural society. Such license may be
issued only 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. Such license is valid for dates
approved by the Village Board.[1]
(2)
Application. Application for such license shall be signed by the
president or corresponding officer of the society making such application
and shall be filed with the Village Clerk-Treasurer together with
the appropriate license fee for each day for which the license is
sought. The license shall specify the hours and dates of license validity.
Such license shall be valid for no more than four consecutive days.
If the application is for a license to be used in a Village park,
the applicant shall specify the main point-of-sale facility.[2]
Fees for licenses issued by the Village Board shall be as set
from time to time by the Village Board.
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 Village 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, or by the president and secretary, if
a corporation.
C.
Publication. The application shall be published at least three times
in the official Village newspaper, and the costs of publication shall
be paid by the applicant.
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.
A.
Residence requirements. A retail Class "A" or retail Class "B" fermented
malt beverage or an intoxicating liquor license shall be granted only
to persons who are citizens of the United States and of Wisconsin.
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 has
the right to possession of the premises described in the application
for the license period by lease or by deed.
E.
Corporate restrictions.
(1)
No license shall be granted to any corporation which does not comply
with the provisions of § 125.04(6), Wis. Stats., which does
not have an agent eligible for a license under this article or under
state law, or which has more than 50% of the stock interest, legal
or beneficial, in such corporation held by any person or persons not
eligible for a license under this article or under the state law.
(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 Village Clerk-Treasurer 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 § 125.12, 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.
Separate licenses. A separate license shall be required for each
business premises where intoxicating liquor or fermented malt beverages
are kept, sold or offered for sale.
G.
License quotas. License quotas for the Village shall be as provided
in Ch. 125, Wis. Stats.
The Village Clerk-Treasurer shall notify the Chief of Police
of each new application, and he 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. The
Chief of Police shall furnish to the Village Board in writing 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.
In determining the suitability of an applicant, consideration shall
be given to the moral character and financial responsibility of the
applicant, the appropriateness of the location and premises proposed,
and generally the applicant's fitness for the trust to be reposed.
B.
No license shall be granted for operation on any premises or with
any equipment for which taxes or assessments or other financial claims
of the Village are delinquent and unpaid.
C.
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 Department of Health Services 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 Village.[1]
Opportunity shall be given by the governing body to any person
to be heard for or against the granting of any license. Upon the approval
of the applicant by the Village Board, the Village Clerk-Treasurer
shall issue to the applicant a license, upon payment by the applicant
of the license fee to the Village. The full license fee shall be charged
for the whole or fraction of any year, except where the fee is required
to be prorated by Ch. 125, Wis. Stats.
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 Village Board. An application
for transfer shall be made on a form furnished by the Village Clerk-Treasurer.
Proceedings for such transfer shall be had in the same form and manner
as the original application. The fee for such transfer is as provided
in § 125.04(12), Wis. Stats. Whenever a license is transferred,
the Village Clerk-Treasurer shall forthwith notify the Wisconsin Department
of Revenue of such transfer.[1]
B.
Whenever the agent of a corporate holder of a license, for any reason,
is replaced, the licensee shall give the Village Clerk-Treasurer written
notice of said replacement, the reasons therefor and the new appointment.
Until the next regular meeting or special meeting of the Village 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 Village Clerk-Treasurer
of notice of disapproval of the successor agent by the Wisconsin Department
of Revenue or other peace officer 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 Village Board until the successor agent or another qualified
agent is appointed and approved by the Village and the Wisconsin Department
of Revenue.
C.
Whenever any licensee under this chapter shall not conduct his licensed
business at the authorized location for a period of six consecutive
months, the license issued to him shall lapse and become void, unless
such six-month period shall be extended by the Village Board.
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.
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 to be
permitted to post it upon premises other than those mentioned in the
application or knowingly to deface or destroy such license.
All retail Class "A," "Class A," Class "B" 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 Village 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 Village 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 Village 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 minors. No retail "Class B" or Class "B" licensee shall
employ any person under the Wisconsin legal drinking age, but this
shall not apply to hotels and restaurants. While the legal drinking
age is 21, an eighteen-year-old person who holds an operator's license
or is under the immediate supervision of a licensee, approved agent
for a corporation, someone with an operator's license, a licensed
operator or the holder of a manager's license, may be employed. Family
members may work on the licensed premises but are not permitted to
sell or dispense alcohol beverages.
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" license, at all times, the licensee
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" or Class "B" license unless he possesses
an operator's license or unless he shall be under the immediate supervision
of the licensee or a person holding an operator's license, who is
at the time of such service upon said premises.
E.
Health and sanitation regulations. The rules and regulations of the
Department of Health Services governing sanitation in restaurants
shall apply to all Class "B" and "Class B" licenses issued under this
chapter. No Class "B" or "Class B" 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" 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 public
school, 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 to 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.
A.
Premises in the Village of Tigerton for which a "Class B" intoxicating
liquor or Class "B" fermented malt beverages license(s) for the sale
of fermented malt beverages or liquor has been issued shall be permitted
to remain open during those hours allowed by the Wisconsin Statutes.
B.
Class A.
[Amended 1-4-2012]
(1)
No premises holding a Class A intoxicating liquor or fermented malt
beverages license(s) nor the holder of a license permitting such premises
or holder to sell, deal and traffic in fermented malt beverages nor
any person on such premises, whether or not such person holds an operator's
license pursuant to § 125.17, Wis. Stats., as amended, shall
sell, vend, barter, exchange, offer for sale, give away or otherwise
furnish to any person any fermented malt beverages or intoxicating
liquor in original packages, intending to mean aluminum/tin cans,
bottles, barrels or any containers in which the beverages have been
delivered to the premises, and to be removed from the premises between
the hours of 9:00 p.m. and 6:00 a.m.
(2)
No person shall remove from any premises licensed under this chapter
any fermented malt beverage or intoxicating liquor in original packages,
intending to mean aluminum/tin cans, bottles, barrels or any containers
in which the beverages are delivered to the premises, between the
hours of 9:00 p.m. and 6:00 a.m.
C.
Closing hours may be modified for specific events by majority vote
of the Village Board.
A.
General conditions of license. Groups that have been granted a special
Class "B" fermented malt beverage license shall comply with the following
conditions of license:
(1)
Licensed operators. There shall be at least one person properly licensed as an operator under the provisions of § 328-19 of this article on the premises at all times to supervise the service of beverages.
(2)
Compliance with laws. Holders of special Class "B" fermented malt
beverage licenses shall fully comply with all provisions of this Code
and the state statutes.
(3)
Suitable facilities. For indoor events, the structure used must have
suitable exits and open spaces to accommodate anticipated attendance.
It should contain adequate sanitary facilities to accommodate the
size of the group.
(4)
Posting of license. The special Class "B" fermented malt beverage
license shall be posted in a conspicuous place and shall specify the
date(s) and hours for which said license is issued.
(5)
Insurance. The applicant for a special Class "B" fermented malt beverage
license may be required to indemnify, defend and hold the Village
and its employees and agents harmless against all claims, liability,
loss, damage or expense incurred by the Village 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 permit, the applicant may be required to furnish a certificate
of comprehensive general liability insurance with the Village of Tigerton.
The applicant may be required to furnish a performance bond prior
to being granted the permit.[1]
B.
Regulation concerning the sale or drinking of fermented malt beverages
in parks.
(1)
All organizations issued a license under § 328-4E of this article shall post in a conspicuous location at the main point-of-sale facility and at all remote sales facilities a sufficient number of signs disclosing that no fermented malt beverage shall be served to any underage person or without proper age identification.
(2)
All organizations shall install a double fence around the main point-of-sale
facility to control ingress and egress and shall station a licensed
operator or police officer at the entrance after 9:00 p.m. for the
purpose of checking age identification.
(3)
The sale of fermented malt beverages from remote sites, that is,
other than the main point-of-sale facility, shall be prohibited after
the hour of 9:00 p.m.
(4)
No underage persons, except for licensed operators, shall be allowed
to assist in the sale of fermented malt beverages at any point of
sale, nor shall they be allowed to loiter or linger in the area of
any remote sale facility.[2]
(5)
A licensed operator shall be stationed at all points of sale at all
times.
(6)
No more than six operator's licenses shall be issued in conjunction
with the issuance of the special Class "B" license, unless the Village
Board, for good cause shown, elects to issue additional operator's
licenses, not to exceed eight in total.
A.
Required for outdoor consumption. No licensee shall permit the consumption
of alcohol beverages on any part of the licensed premises not enclosed
within the building, except under permit granted by the Village Board.
The permits are a privilege in which no rights vest and therefor may
be revoked by the Village Board at its pleasure at any time or shall
otherwise expire on June 30 of each year. No person shall consume
or have in his or her possession alcohol beverages on any unenclosed
part of a licensed premises which is not described in a valid beer
garden permit.
B.
Limitations on issuance of beer garden permits. No permit shall be
issued for a beer garden if any part of the beer garden is within
100 feet of a structure used for residential purposes, except residential
uses located in the same structure as the licensed premises. No permit
shall be issued for a beer garden if the beer garden area is greater
than 50% of the gross floor area of the adjoining licensed premises.
Each applicant for a beer garden permit shall accurately describe
the area intended for use as a beer garden and shall indicate the
nature of fencing or other measures intended to provide control over
the operation of the beer garden. Every beer garden shall be completely
enclosed with a fence or wall not less than six feet in height. No
amplified sound or music is permitted outside the enclosed (building)
premises. Amplified sound or music is not permitted in the beer garden.
There shall be a licensed operator with the beer garden at all times
the beer garden is in operation.
C.
Adjoining property owners to be notified of pendency of applications.
All property owners within 150 feet of the proposed beer garden shall
be notified of the pendency of application for a beer garden permit
by first class mail.
D.
State statutes enforced within beer garden. Every permittee under
this section shall comply with and enforce all provisions of Ch. 125,
Wis. Stats., applicable to Class "B" licensed premises, except insofar
as such provisions are clearly inapplicable. Violation of the provisions
of Ch. 125, Wis. Stats., shall be grounds for immediate revocation
of the beer garden permit by the Village Board.
A.
Procedure. Whenever the holder of any license under this article
violates any portion of this article, proceedings for the revocation
of such license may be instituted in the manner and under the procedure
established by § 125.12, Wis. Stats., and the provisions
therein relating to granting a new license shall likewise be applicable.
B.
Automatic revocation. Any license issued under the provisions of
this article shall stand revoked without further proceedings upon
the conviction of a licensee or employee, agent or representative
thereof for a second offense under this article or for a violation
of Ch. 125 or 139, Wis. Stats., or any other state or federal liquor
or fermented malt beverage laws or of any felony.
C.
Nonrenewal of licenses. Before renewal of any license issued under
this article is refused, the licensee shall be given written notice
of any charges or violations against him 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 Village Board.
D.
Abandonment of premises. Any licensee holding a license to sell alcohol
beverages who abandons such business shall forfeit any right or preference
he may have to the holding of or renewal of such license. Abandonment
shall be sufficient grounds for revocation of an alcohol beverage
license. The closing of the licensed premises for at least 90 days
shall be prima facie evidence of an abandonment.
A.
Operator's license required. There shall be upon the premises operated
under a "Class A" or "Class B" intoxicating liquor license or Class
"B" fermented malt beverage license at all times the licensee or some
other person who shall have an operator's license and who shall be
responsible for the acts of all persons serving or selling any intoxicating
liquor or fermented malt beverages to customers. No person other than
the licensee shall serve or sell fermented malt beverages or intoxicating
liquor in any place operated under the "Class A," "Class B" or Class
"B" license unless he shall possess an operator's license or unless
he shall be under the immediate supervision of the licensee or a person
holding an operator's license, who shall be upon the premises at the
time of such service.
B.
Procedure upon application. The Village Clerk-Treasurer may issue
an operator's license, which license shall be granted only upon application
in writing on blanks to be obtained from the Village Clerk-Treasurer,
only to persons who have attained the age of 18. Operator's licenses
shall be operative only within the limits of the Village.
[Amended 9-5-2017; 7-6-2020 by Ord. No. 2020-01]
C.
Duration. Licenses issued under the provisions of this section shall
be valid for a period of one year and shall expire on the 30th day
of June.
D.
Fee. Fee for an operator's license is as set by the Village Board.
The Clerk-Treasurer may issue provisional operator's licenses in accordance
with § 125.17(5), Wis. Stats., at a fee as set by the Village
Board.
[Amended 9-5-2017]
E.
Issuance. After the Village Clerk-Treasurer approves the issuance
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.
[Amended 7-6-2020 by Ord. No. 2020-01]
F.
Revocation of operator's license. Violation of any of the terms or
provisions of the state law or of this chapter relating to operator's
licenses by any person holding such operator's license shall be cause
for revocation, suspension, or nonrenewal of the license.
[Amended 7-6-2020 by Ord. No. 2020-01[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection
F, Display of license, and provided for the redesignation of former
Subsection G as Subsection F.
A.
Forfeitures for violations of §§ 125.07(1) to (5) and 125.09(2), Wis. Stats., adopted by reference in § 328-1 of this article, 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.
C.
Nothing herein shall preclude or affect the power of the sentencing
court to exercise additional authorities granted by the Wisconsin
Statutes.
[Adopted 4-5-1988 as Title 9, Ch. 5, of the 1988 Code; amended in its entirety
at time of adoption of Code (See Ch. 1, General Provisions, Art. II)]
A.
Alcohol beverages in public areas.
(1)
Regulations. It shall be unlawful for any person to sell or serve,
or offer to sell or serve, or to consume or to carry or expose to
view any open container of any alcohol beverage upon any street, sidewalk,
alley, public parking lot, highway, cemetery, drives or parking areas
for business held out to the public, or other public area within the
Village or on private property without the owner's consent. Village-owned
parks or recreation areas are exempt from this prohibition, except
that glass containers are prohibited.
B.
ALCOHOL BEVERAGE
PUBLIC AREA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes all ardent, spirituous, distilled or vinous liquors,
liquids or compounds, whether medicated, proprietary, patented or
not, and by whatever name called, as well as all liquors and liquids
made by the alcoholic fermentation of an infusion in potable water
of barley malt and hops, with or without unmalted grains or decorticated
and degerminated grains or sugar, which contain 1/2 of 1% or more
of alcohol by volume and which are fit for use for beverage purposes.
Any location within the Village which is open to access to
persons not requiring specific permission of the owner to be at such
location, including all parking lots serving commercial establishments.
