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City of Brodhead, WI
Green County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Brodhead as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Cigarettes — See Ch. 215.
Juveniles — See Ch. 301.
Peace and good order — See Ch. 354.
[Adopted as Title 7, Ch. 2, of the 1997 Code]
The provisions of Ch. 125, Wis. Stats., 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.
[Amended 3-17-2015]
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 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 City Clerk-Treasurer under the authority of the Common Council, 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. Such license shall be issued with an effective date of July 1, but may be issued by the City prior to that date. The license shall expire on the following June 30.
B. 
Retail "Class B" intoxicating liquor license. A retail "Class B" intoxicating liquor license, when issued by the City Clerk-Treasurer under authority of the Common Council, 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. Such license shall be issued with an effective date of July 1, but may be issued by the City prior to that date. The license shall expire on the following June 30.
C. 
Class "A" fermented malt beverage retailer's license. A Class "A" retailer's fermented malt beverage license, when issued by the City Clerk-Treasurer under the authority of the Common Council, 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. Such license shall be issued with an effective date of July 1, but may be issued by the City prior to that date. The license shall expire on 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 City Clerk-Treasurer under the authority of the Common Council, shall entitle the holder thereof to possess, sell or offer for sale fermented malt beverages, either to be consumed upon the premises where sold or away from such premises. The holder may also sell beverages containing less than 1/2 of a percentum of alcohol by volume, without obtaining a special license to sell such beverages. Such license shall be issued with an effective date of July 1, but may be issued by the City prior to that date. The license shall expire on the following June 30.
(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 which is not a 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 for at least six months before the date of 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 § 125.31, Wis. Stats., Class "B" licenses may not be issued to brewers or fermented malt beverages wholesalers.
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. Such license is valid for dates as approved by the Common Council.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Application. Application 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 City Clerk-Treasurer together with the appropriate license fee for each event 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 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 Common Council 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 City park, the applicant shall specify the main point-of-sale facility.
F. 
Temporary "Class B" wine cooler license.
(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 the 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.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Application. Application 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 City Clerk-Treasurer together with the appropriate license fee for each event 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 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 Common Council 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 City park, the applicant shall specify the main point-of-sale facility.[3]
[3]
Editor's Note: Original § 7-2-4(g), Wholesaler's license, of the 1997 Code, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
Retail "Class C" licenses.
(1) 
In this subsection, "barroom" means a room that is 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 for a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts and which has a barroom in which wine is the only intoxicating liquor sold. A "Class C" license may not be issued to a foreign corporation, a foreign limited-liability company or a person acting as agent for or in the employ of another.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
A "Class C" license shall particularly describe the premises for which it is issued.
License fees shall be set from time to time by resolution of the Common Council.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 City 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 City Clerk-Treasurer shall publish each application for a Class "A," Class "B," "Class A," "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 City 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) 
The number of persons and places that may be granted a retail Class "B" liquor license under this section is limited as provided in § 125.51(4), Wis. Stats.
(2) 
The number of persons and places that may be granted a retail Class "A" fermented malt beverage license in the City of Brodhead is limited to one license per 1,500 population or fraction thereof of the City of Brodhead.
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 who are citizens of the United States and who have been residents of the State of Wisconsin 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 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 § 125.04(a)1 and 4 and (b), Wis. Stats., unless the agent of the corporation appointed under § 125.04(6), Wis. Stats., and the officers and directors of the corporation meet the qualifications of § 125.04(a)1 and 3 and (b), Wis. Stats., and unless the agent of the corporation appointed under § 125.04(6), Wis. Stats., meets the qualification under § 125.04(a)2, Wis. Stats. The requirement that the corporation meet the qualifications under § 125.04(a)1 and (b), Wis. Stats., does not apply if the corporation has terminated its relationship with all of the individuals whose actions directly contributed to the conviction.
(2) 
The City may require that each corporate applicant 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 City 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. 
Sales tax qualification. All applicants for retail licenses shall provide proof, as required by § 77.61(11), Wis. Stats., 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. 
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. Except for hotels, if either type of license or permit is issued for the same or connecting premises already covered by the other type of license or permit, the license or permit last issued is void. If both licenses or permits are issued simultaneously, both are void.
H. 
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 the 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.
(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 City Clerk-Treasurer shall notify the Chief of Police 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 City Clerk-Treasurer in writing, who shall forward to the Common Council, 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. 
No license shall be granted for operation on any premises for which taxes, assessments, forfeitures or other financial claims of the City are delinquent and unpaid.
B. 
No license shall be issued unless the premises conform 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 City.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 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 Common Council, the Common Council 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 Council, 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. 
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 Common Council, the City Clerk-Treasurer shall issue to the applicant a license, upon payment by the applicant of the license fee to the City.
B. 
If the Common Council denies the license, the applicant shall be notified in writing, by certified mail or personal service, of the reasons for the denial. The notice shall also inform the applicant of the opportunity to appear before the Common Council and to provide evidence as to why the denial should be reversed. In addition, the notice shall inform the applicant 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 Common Council consents to the request. Such written notice shall be mailed or served upon the applicant at least 10 days prior to the Common Council 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 Common Council. An application for transfer shall be made on a form furnished by the City 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 $10. Whenever a license is transferred, the City Clerk-Treasurer 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 must apply to the City for reissuance of said license, and the City, 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 City Clerk-Treasurer written notice of said replacement, the reasons therefor and the new appointment. Until the next regular meeting or special meeting of the Common Council, 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 City 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 Common Council until the successor agent or another qualified agent is appointed and approved by the City.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 "B," "Class A" and "Class B" licenses granted hereunder shall be granted subject to the following conditions, and all other conditions of this section, and subject to all other ordinances and regulations of the City 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 City 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 City 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 juveniles. No retail "Class B" or Class "B" licensees shall employ any underage person, as defined in the Wisconsin Statutes, but this shall not apply to hotels and restaurants. Family members may work on the licensed premises but are not permitted to sell or dispense alcohol beverages. Pursuant to §§ 125.32(2) and 125.68(2), Wis. Stats., a person at least 18 years of age may sell, serve or dispense alcohol beverages if he or she is the holder of an operator's license or is under the immediate supervision of a licensee, permittee or agent or a person holding an operator's license who is on the premises at the time of the service.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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," Class "B," or "Class C" license, at all times, the licensee, members of the licensee's immediate family who have attained the legal drinking age, 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 possesses an operator's license or there is a person with 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 licenses issued under this article. No "Class B" or "Class C" license shall be issued unless the premises to be licensed conform to such rules and regulations.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Restrictions near schools and churches. No retail Class "A," Class "B," "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. However, § 125.68(3)(c), Wis. Stats., exempts a restaurant within 300 feet of a church where the sale of alcohol beverages is less than 50% of the gross receipts.
G. 
Clubs. No club shall give away any intoxicating liquors.
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," "Class B," or "Class C" liquor, wine, or fermented malt beverage 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 to 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 or to receive from any person any goods, wares, 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 exhibitions.
(1) 
Purpose.
(a) 
The Common Council finds that nudity and sexual conduct are proper subjects for regulation in connection with the appropriate exercise of its authority and the control of the sale of alcohol beverages within the City of Brodhead; and
(b) 
The Common Council further finds that the commercial exploitation of nude and seminude acts, exhibitions and nude entertainment frequently occurs at commercial establishments either selling or allowing consumption of alcohol beverages on the premises; and
(c) 
The Common Council further finds that there is a direct relationship of the consumption of alcohol beverages and the nude and seminude activities mentioned above and an increase in criminal activities, moral degradation, and the disturbance of the peace and the good order of the community; and
(d) 
The Common Council further finds that the activity of nude and seminude activity and the consumption of alcohol beverages is hazardous to the health and safety of those persons in attendance and tends to depreciate the value of adjoining property and harm the economic welfare of the community as a whole; and
(e) 
The Common Council has determined that the enactment of an ordinance prohibiting nudity and sexual conduct in establishments licensed to sell alcohol beverages within the City of Brodhead will prevent such undesirable conduct.
(2) 
Improper exhibitions.
(a) 
No initial or renewal license to sell alcohol beverages shall be granted to any person operating a premises in violation of Subsection K(2)(b) below, nor shall any licensed premises be permitted to operate in violation of Subsection K(2)(b) below.
(b) 
It shall be unlawful for any person to perform, act, demonstrate, dance or exhibit or for any licensee, manager, employee or agent of the licensee to permit any person to engage in any live performance, act, demonstration, dance or exhibition or to engage in the replay or permit the replay of any televised or video recorded performance, act, demonstration, dance or exhibition on the licensed premises, which performance, act, demonstration, dance or exhibition:
[1] 
Exposes genitals, pubic hair, buttocks, perineum, anal region or pubic hair region or allows same to be less than completely and/or opaquely covered; or
[2] 
Exposes any device, costume or covering which gives the appearance of or simulates genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
[3] 
Exposes any portion of the human female breast encompassed within an area falling below the horizontal line which one would be required to draw to intersect a point immediately above the top of the areola; this definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed; or
[4] 
Engages in or simulates sexual intercourse and/or any sexual contact, including the touching of any portion of the human female breast or the male and/or female genitals.
(3) 
Violations. Any licensee upon whose licensed premises a violation of any of the provisions of Subsection K(2) occurs or any person who violates any of the provisions of Subsection K(2) shall be subject to revocation, suspension or nonrenewal of their license as provided in this article. Any person who violates any of the provisions of Subjection K(2) shall be further subject to the standard penalty provisions of the Code of the City of Brodhead. A separate offense shall be deemed committed on each day on which a violation occurs or continues.
L. 
Drive-up alcohol sales prohibited. No licensee or permittee may sell, dispense, or give away any alcohol beverage regulated under Chapter 125, Wis. Stats., individually or through the use of a personal delivery device, to any person who is in or on a vehicle, snowmobile, all-terrain, or utility vehicle, or who is otherwise located in or on the licensee's or permittee's parking lot, road or driveway.
[Added 5-13-2019 by Ord. No. 2019-002]
[Amended 2-21-2012; 3-17-2015]
Closing hours shall be established in conformance with §§ 125.32(3) and 125.68(4), Wis. Stats., and further restricted as follows:
A. 
"Class B," Class "B" and "Class C" licenses.
(1) 
No premises for which a retail "Class B" liquor, Class "B" fermented malt beverage, or "Class C" wine license has been issued shall be permitted to remain open for the sale of liquor or fermented malt beverages or for any other purpose between the hours of 2:00 a.m. and 6:00 a.m., Monday through Friday, and 2:30 a.m. and 6:00 a.m., Saturday and Sunday. There shall be no closing hours on January 1.
(2) 
Hotels and restaurants, the principal business of which is the furnishing of food or lodging to patrons, bowling alleys, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but shall not sell liquor or malt beverages during the closing hours of Subsection A(1) above.
B. 
Carry-out hours. Between 12:00 a.m. and 6:00 a.m., no person may sell, remove, carry out or permit to be removed or carried out from any premises having a Class "A," "Class B" or Class "B" license fermented malt beverages or intoxicating liquor in original unopened packages, containers or bottles or for consumption away from the premises. Between 9:00 p.m. and 6:00 a.m., no person may sell, remove, carry out or permit to be removed or carried out from any premises having a "Class A" license in original unopened packages, containers or bottles or for consumption away from the premises.
[Amended 9-20-2016]
It shall be unlawful for any person or organization on a temporary basis to sell or offer to sell any alcohol beverage upon any City-owned property or privately owned property within the City of Brodhead, except through the issuance of a temporary Class "B" fermented malt beverage license or temporary "Class B" wine cooler license issued by the Common Council 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 City-owned property or privately owned property may be authorized by the Common Council, provided the following requirements are met:
A. 
Compliance with eligibility standards. The organization shall meet the eligibility requirements of a bona fide club, association, lodge or society as set forth in §§ 125.26(6) and 125.51(10), Wis. Stats., and shall fully comply with the requirements of this section and § 290-21. Members of an organization which is issued a temporary license and who are issued operator's licenses for the event shall attend a pre-event informational meeting to learn what rules and regulations apply and what the responsibilities of the bartenders and organization will be.
[Amended 3-17-2015]
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 without proper identification.
C. 
Fencing. If necessary due to the physical characteristics of the site, the Common Council 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. Where 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 18 years of age or over who possesses a valid operator's license.
[Amended 3-17-2015]
E. 
Licensed operators requirement. A licensed operator shall be stationed at all points of sale at all times.
F. 
Waiver. The Common Council may waive or modify the requirements of this section due to the physical characteristics of the licensed site.
G. 
Insurance. The applicant for a temporary fermented malt beverage or wine license may be required to indemnify, defend and hold the City and its employees and agents harmless against all claims, liability, loss, damage or expense incurred by the City 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 City of Brodhead. The applicant may be required to furnish a performance bond prior to being granted the license.
[Amended 3-17-2015]
H. 
Drive-up alcohol sales prohibited. Full compliance with the provisions of § 290-14L is required.
[Added 5-13-2019 by Ord. No. 2019-002]
A. 
Procedure. Whenever the holder of any license under this article violates any portion of this article or Article II of this chapter, proceedings for the revocation of such license may be instituted in the manner and under the procedure established by this section.
B. 
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 any alcohol beverage license. The losing of the licensed premises for at least six months shall be prima facie evidence of the abandonment, unless extended by the Common Council. All persons issued a license to sell alcohol beverages in the City for which a quota exists limiting the number of such licenses that may be issued by the City shall cause such business described in such license to be operated on the premises described in such license for at least 150 days during the terms of such license, unless such license is issued for a term of less than 180 days, in which event this subsection shall not apply.
C. 
License revocation or suspension. License revocation or suspension procedures shall be as prescribed by Ch. 125, 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 Police Department 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 nonalcohol 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 Police Department during normal working hours (8:00 a.m. to 4:30 p.m., Monday through Friday) and shall be given on forms prescribed by the Department. After a nonalcohol event notice has been given, the licensee may cancel an event(s) only by giving like notice to the Department in accordance with the provisions of this subsection. Regardless of the date given, all notices shall expire and be deemed canceled 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 nonalcohol event, a notice card prescribed by the Police Department 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 Department to a requesting licensee.
C. 
Once a nonalcohol 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 nonalcohol event, all alcohol beverages shall be stored in a locked portion of the licensed premises in a secure place out of the 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 license required.
(1) 
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.
(2) 
Use by another prohibited.
(a) 
No person may allow another to use his or her Class "A" or Class "B" license or permit to sell alcohol beverages.
(b) 
The license or permit of a person who violates Subsection A(2)(a) above shall be revoked.
B. 
Procedure upon application.
(1) 
The Common Council may issue an operator's license, which license shall be granted only upon application in writing on forms to be obtained from the City Clerk-Treasurer only to persons 18 years of age or older. Operator's licenses shall be operative only within the limits of the City.
(2) 
All applications are subject to an investigation by the Chief of Police and/or other appropriate authority to determine whether the applicant to be licensed complies with all regulations, ordinances and laws applicable thereto. The Police Department 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 Chief of Police shall recommend, in writing, to the Common Council approval or denial of the application. If the Chief of Police recommends denial, the Chief of Police shall provide, in writing, the reasons for such recommendation.
C. 
Duration. Standard operator's licenses issued under the provisions of this article shall be valid for a period of one or two years (depending on fee paid) and shall expire on the 30th day of June.
D. 
Operator's license fee; provisional or temporary licenses.
(1) 
Fee. The fee for a standard operator's license shall be as set by resolution of the Common Council. There shall be an additional fee in the amount of the cost of an out-of-state background check for a one-year or two-year operator's license, if such background check is deemed necessary by the Chief of Police. The fee for a provisional operator's license shall be as set by resolution of the Common Council.
[Amended 4-14-2008[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Provisional license. The City 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. The City Clerk-Treasurer may, upon receiving an application for a temporary provisional license, issue such a license without requiring the successful completion of the responsible beverage server training course 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 responsible beverage server training course. The City Clerk-Treasurer may issue a provisional operator's license upon having received a report from the City Police Department that the applicant does not have an arrest or conviction record, is not a habitual law offender or has not been convicted of a felony, unless subsequently pardoned where the circumstances of such arrest or conviction substantially relates to the circumstances of the job of a licensed operator for purposes of complying with §§ 125.32(2) and 125.68(2), Wis. Stats. A provisional license may not be issued to any person who has been denied an operator's license by the Common Council or who has had his operator's license revoked or suspended within the preceding 12 months. The City Clerk-Treasurer shall provide an appropriate application form to be completed in full by the applicant. The City Clerk-Treasurer may revoke the provisional license issued if he discovers that the holder of the license made a false statement on the application. Following completion of the responsible beverage server training course and notification from the school, the license application will be presented to the Council, with the appropriate fee as prescribed in Subsection D(1) above for a one- or two-year operator's license. If approved by the Council, the operator's license is issued.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Temporary license. The City Clerk-Treasurer may issue a temporary operator's license, at no fee, provided that:
(a) 
This license may be issued only to operators employed by, or donating their services to, nonprofit corporations.
(b) 
No person may hold more than one license of this kind per year.
(c) 
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.
E. 
Issuance or denial of operator's licenses.
(1) 
After the Common Council approves the granting of an operator's license, the City 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.
(2) 
Denial of license; reconsideration hearing.
(a) 
If the application is denied by the Common Council, the City 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 Common Council 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 Council's reconsideration of the matter. At such reconsideration hearing, the applicant may present evidence and testimony as to why the license should be granted.
(b) 
If, upon reconsideration, the Council again denies the application, the City 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 the Circuit Court pursuant to § 125.12(2)(d), Wis. Stats., for review.
(3) 
Considerations.
(a) 
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; and
[3] 
Generally, the applicant's fitness for the trust to be reposed.
(b) 
If a licensee is convicted of an offense substantially related to the licensed activity, the Common Council may act to revoke or suspend the license.
(4) 
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 Common Council, the Common Council 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 Common Council, 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.
F. 
Training course.
(1) 
Except as provided in Subsection F(2) below, the Common Council 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 of Revenue or the Educational Approval Board, or unless the applicant fulfills one of the following requirements:[3]
(a) 
The person is renewing an operator's license.
(b) 
Within the past two years, the person held a Class "A," Class "B," "Class A," "Class B," or "Class C" license or permit or a manager's or operator's license.
(c) 
Within the past two years, the person has completed such a training course.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The Common Council may issue a provisional operator's license to a person who is enrolled in a training course under Subsection F(1) above and shall revoke that license if the applicant fails successfully to complete the course in which he or she enrolls.
(3) 
The Common Council may not require that applicants for operator's licenses undergo training in addition to that under Subsection F(1), but may require applicants to purchase, at cost, materials that deal with relevant local subjects not covered in the course under Subsection F(1).
(4) 
This training requirement shall not apply to persons issued a temporary license.
G. 
Display of license. Each license issued under the provisions of this article shall be posted on the premises whenever the operator dispenses beverages or shall be in his possession, or the licensee shall carry a license card.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
Revocation of operator's license. 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 the license.
A. 
Forfeitures for violations of §§ 125.07(1) through (5) and 125.09(2), Wis. Stats., adopted by reference in § 290-1 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.
B. 
Any person who shall violate any provision of this article of the Code of the City of Brodhead, except as otherwise provided 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 § 1-4, General penalty, of the Code of the City of Brodhead.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Nothing herein shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the Wisconsin Statutes.
[Adopted as Title 11, Ch. 4, of the 1997 Code]
A. 
Alcohol beverages in public areas.
(1) 
Regulations. No person in the City of Brodhead shall carry or expose to view any open can, bottle or other container of malt beverages, intoxicating liquor or other alcohol beverages or drink from the same on any sidewalk, street, alley, parking lot or other public place, without prior written approval of the Common Council. For purposes of this section, a "public place" shall be construed to mean any location which, at the time the person is apprehended, is open to access to persons not requiring specific permission of the owner to be at such location, including, without exclusion by reason of enumeration, all parking lots serving commercial establishments. In no event shall a private yard or driveway in a residentially zoned district be construed to be a public place. Except as provided in Subsection A(4) below, no person shall, carry, possess or expose to view any open or sealed can, bottle or other container of fermented malt beverages, intoxicating liquor or other alcohol beverages in any City park.
[Amended 5-9-2005]
(2) 
Private property held out for public use. It shall be unlawful for any person to consume any alcohol beverages upon any private property held open for public use within the City, unless the property is specifically named as being part of a licensed premises.
(3) 
Leaving licensed premises with open container.
(a) 
It shall be unlawful for any licensee, permittee or operator to permit any patron to leave the licensed premises with an open container containing any alcohol beverage.
(b) 
It shall be unlawful for any patron to leave a licensed premises with an open container containing any alcohol beverage.
(4) 
Exceptions. The provisions of this section may be waived by the Common Council for duly authorized events, provided that the organization conducting such event has been issued a temporary fermented malt beverage and/or temporary wine license for a designated area pursuant to the provisions of this article and Article I of this chapter.
[Amended 5-9-2005]
B. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
ALCOHOL BEVERAGE
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 or 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.
PUBLIC AREA
Any location within the City 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.
UNDERAGE PERSON
Any person under the legal drinking age as defined by the Wisconsin Statutes.
A. 
Sales of alcohol beverages to underage persons.
(1) 
Restrictions.
(a) 
No person may procure or sell, dispense, or give away any alcohol beverages to any underage person not accompanied by his or her parent, guardian, or spouse who has attained the legal drinking age.
[Amended 8-11-2003]
(b) 
No licensee or permittee may sell, vend, deal or traffic in alcohol beverages to or with any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.
(c) 
No adult may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by an underage person on premises owned by the adult or under the adult's control. This subsection does not apply to alcohol beverages used exclusively as part of a religious service.
(d) 
No adult may intentionally encourage or contribute to a violation of Subsection A(1)(a) or (b).
(2) 
Penalties. For purposes of determining previous violations, the thirty-month period shall be measured from the dates of violations that resulted in an imposition of a forfeiture or a conviction. For the purpose of determining whether or not a previous violation has occurred, if more than one violation occurs at the same time, all those violations shall be counted as one violation. A person who commits a violation of Subsection A(1) above may be:
(a) 
Required to forfeit not more than $500 if the person has not committed a previous violation within 30 months of the violation.
(b) 
Fined not more than $500 if the person has committed a previous violation within 30 months of the violation.
(c) 
Fined not more than $1,000 if the person has committed two previous violations within 30 months of the violation.
(d) 
Fined not more than $10,000 if the person has committed three or more previous violations within 30 months of the violation.
(e) 
In addition to the forfeitures provided in Subsection A(2)(a) through (d) above, a court shall suspend any license issued under this article to a person violating this subsection for:
[1] 
Not more than three days if the court finds that the person committed a violation within 12 months after committing one previous violation;
[2] 
Not less than three days nor more than 10 days if the court finds that the person committed a violation within 12 months after committing two other violations; or
[3] 
Not less than 15 days nor more than 30 days if the court finds that the person committed the violation within 12 months after committing three other violations.
(3) 
Exception. A person who holds a Class "A" license, a Class "B" license or permit, a "Class A" license or a "Class B" license or permit who commits a violation is subject to Subsection A(2)(e) but is not subject to Subsection A(2)(a) through (d) or § 125.11, Wis. Stats.
B. 
Sale of alcohol beverages to intoxicated persons.
(1) 
Restrictions.
(a) 
No person may procure for, sell, dispense or give away alcohol beverages to a person who is intoxicated.
(b) 
No licensee or permittee may sell, vend, deal or traffic in alcohol beverages to or with a person who is intoxicated.
(2) 
Penalties. Any person who violates Subsection B(1) above shall be subject to a forfeiture of not less than $100 nor more than $500.
A. 
Restrictions. An underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age may not enter, knowingly attempt to enter, or be on any premises for which a license or permit for the retail sale of alcohol beverages has been issued for any purpose except the transaction of business pertaining to the licensed premises with or for the licensee or his or her employee. The business may not be amusement or the purchase, receiving or consumption of edibles or beverages or similar activities which normally constitute activities of a customer of the premises. This subsection does not apply to:
(1) 
An underage person who is a resident, employee, lodger or boarder on the premises controlled by the proprietor, licensee or permittee of which the licensed premises consists or is a part.
(2) 
An underage person who enters or is on a Class "A" or "Class A" premises for the purpose of purchasing items other than alcohol beverages. An underage person so entering the premises may not remain on the premises after the purchase.
(3) 
Hotels, drugstores, grocery stores, bowling alleys, indoor golf simulator facilities, service stations, vessels, cars operated by any railroad, regularly established athletic fields, outdoor volleyball courts that are contiguous to a licensed premises, stadiums or public facilities as defined in § 125.51(5)(b)I.d, Wis. Stats., which are owned by a county or municipality, or centers for the visual or performing arts.
(4) 
Premises in the state fair park, concessions authorized on state-owned premises in the state parks and state forests as defined or designated in Chs. 27 and 28, Wis. Stats., and parks owned or operated by agricultural societies.
(5) 
Ski chalets, golf courses and golf clubhouses, racetracks licensed under Ch. 562, Wis. Stats., curling clubs, private soccer clubs and private tennis clubs.
(6) 
Premises operated under both a "Class B" or Class "B" license or permit and a restaurant permit where the principal business conducted is that of a restaurant. If the premises are operated under both a "Class B" or Class "B" license or permit and a restaurant permit, the principal business conducted is presumed to be the sale of alcohol beverages, but the presumption may be rebutted by competent evidence.
(7) 
Premises operating under both a "Class C" license and a restaurant permit.
(8) 
An underage person who enters or remains in a room on Class "B" or "Class B" licensed premises separate from any room where alcohol beverages are sold or served, if no alcohol beverages are furnished or consumed by any person in the room where the underage person is present and the presence of underage persons is authorized under this subsection. (An underage person may enter and remain on Class "B" or "Class B" premises under this subsection only if the City adopts an ordinance permitting underage persons to enter and remain on the premises as provided in this subsection and the City Police Department issues to the Class "B" or "Class B" licensee a written authorization permitting underage persons to be present under this subsection on the date specified in the authorization. Before issuing the authorization, the City Police Department shall make a determination that the presence of underage persons on the licensed premises will not endanger their health, welfare or safety or that of other members of the City. The licensee shall obtain a separate authorization for each date on which underage persons will be present on the premises.)
(9) 
A person who is at least 18 years of age and who is working under a contract with the licensee, permittee or corporate agent to provide entertainment for customers on the premises.
(10) 
An underage person who enters or remains on Class "B" or "Class B" licensed premises on a date specified by the licensee or permittee during times when no alcohol beverages are consumed, sold or given away. During those times, the licensee, the agent named in the license if the licensee is a corporation or limited-liability company or a person who has an operator's license shall be on the premises unless all alcohol beverages are stored in a locked portion of the premises. The licensee shall notify the Police Department, in advance, of the times underage persons will be allowed on the premises under this subsection.
(11) 
An underage person who enters or remains in a dance hall attached to Class "B" or "Class B" licensed premises if the dance hall is separate from any room where alcohol beverages are sold, if there is a separate entrance to the dance hall and if no alcohol beverages are furnished or consumed by any person in the dance hall where the underage person is present.
(12) 
An underage person who enters and remains on premises for which a temporary Class "B" license is issued under § 125.26, Wis. Stats., if the licensee is authorized by the official or body of the City that issued the license to permit underage persons to be on the premises under § 125.26(6), Wis. Stats., and if the licensee permits underage persons to be on the premises.
B. 
Penalties. A licensee or permittee who directly or indirectly permits an underage person to enter or be on a licensed premises in violation of Subsection A above is subject to a forfeiture of not more than $500.
A. 
Prohibitions. Any underage person who does any of the following is guilty of a violation:
(1) 
Procures or attempts to procure alcohol beverages from a licensee or permittee.
(2) 
Unless accompanied by a parent, guardian or spouse who has attained the legal drinking age, possesses or consumes alcohol beverages on licensed premises.
(3) 
Enters, knowingly attempts to enter or is on licensed premises in violation of § 290-23A.
(4) 
Falsely represents his or her age for the purpose of receiving alcohol beverages from a licensee or permittee.
B. 
Adult to accompany. Except as provided in Subsection C below, any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age who knowingly possesses or consumes alcohol beverages is guilty of a violation.
[Amended 4-21-2015]
C. 
Exceptions. An underage person may possess alcohol beverages in the course of employment during his or her working hours if employed by any of the following:
(1) 
A brewer.
(2) 
A fermented malt beverages wholesaler.
(3) 
A permittee other than a Class "B" or "Class B" permittee.
(4) 
A facility for the production of alcohol fuel.
(5) 
A retail licensee or permittee under the conditions specified in § 125.32(2) or 125.68(2), Wis. Stats., or for delivery of unopened containers to the home or vehicle of a customer.
(6) 
A campus, if the underage person is at least 18 years of age and is under the immediate supervision of a person who has attained the legal drinking age.
D. 
Penalties for Subsection A violations. Any person violating Subsection A is subject to the following penalties:
(1) 
For a first violation, a forfeiture of not more than $250, suspension of the person's operating privilege as provided under § 343.30(6)(b)1, Wis. Stats., participation in a supervised work program or other community service work under Subsection G, or any combination of these penalties.
(2) 
For a violation committed within 12 months of a previous violation, either a forfeiture of not less than $300 nor more than $500, suspension of the person's operating privilege as provided under § 343.30(6)(b)1, Wis. Stats., participation in a supervised work program or other community service work under Subsection G, or any combination of these penalties.
(3) 
For a violation committed within 12 months of two previous violations, either a forfeiture of not less than $500 nor more than $750, revocation of the person's operating privilege under § 343.30(6)(b)3, Wis. Stats., participation in a supervised work program or other community service work under Subsection G, or any combination of these penalties.
(4) 
For a violation committed within 12 months of three or more previous violations, either a forfeiture of not less than $750 nor more than $1,000, revocation of the person's operating privilege under § 343.30(6)(b)3, Wis. Stats., participation in a supervised work program or other community service work, or any combination of these penalties.
E. 
Penalties for Subsection B violations. Any person violating Subsection B above is subject to the following penalties:
(1) 
For a first violation, a forfeiture of not less than $100 nor more than $200, suspension of the person's operating privilege as provided under § 343.30(6)(b)1, Wis. Stats., participation in a supervised work program or other community service work under Subsection G, or any combination of these penalties.
(2) 
For a violation committed within 12 months of a previous violation, either a forfeiture of not less than $200 nor more than $300, suspension of the person's operating privilege as provided under § 343.30(6)(b)2, Wis. Stats., participation in a supervised work program or other community service work under Subsection G, or any combination of these penalties.
(3) 
For a violation committed within 12 months of two previous violations, either a forfeiture of not less than $300 nor more than $500, revocation of the person's operating privilege under § 343.30(6)(b)3, Wis. Stats., participation in a supervised work program or other community service work under Subsection G, or any combination of these penalties.
(4) 
For a violation committed within 12 months of three or more previous violations, either a forfeiture of not less than $500 nor more than $1,000, revocation of the person's operating privilege under § 343.30(6)(b)3, Wis. Stats., participation in a supervised work program or other community service work under Subsection G, or any combination of these penalties.
F. 
Multiple violations from an incident. For purposes of Subsection A or B above, all violations arising out of the same incident or occurrence shall be counted as a single violation.
G. 
Work programs.[1]
(1) 
A supervised work program ordered under Subsection D or E above shall be administered by the applicable county department under § 46.215 or 46.22, Wis. Stats., or by a community agency approved by the court. The court shall set standards for the supervised work program within the budgetary limits established by the applicable county board of supervisors. The supervised work program may provide the person with reasonable compensation reflecting the market value of the work performed or it may consist of uncompensated community service work. Community service work ordered under Subsection D or E, other than community service work performed under a supervised work program, shall be administered by a public agency or nonprofit charitable organization approved by the court. The court may use any available resources, including any community service work program, in ordering the child to perform community service work under Subsection D or E.
(2) 
The supervised work program or other community service work shall be of a constructive nature designed to promote the person's rehabilitation, shall be appropriate to the person's age level and physical ability and shall be combined with counseling from a member of the staff of the applicable county department, community agency, public agency or nonprofit charitable organization or other qualified person. The supervised work program or other community service work may not conflict with the person's regular attendance at school. The amount of work required shall be reasonably related to the seriousness of the person's offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
Disclosure of license revocation information. When a court revokes or suspends a person's operating privilege under Subsection D or E, the Wisconsin Department of Transportation may not disclose information concerning or relating to the revocation or suspension to any person other than a court, district attorney, county corporation counsel, City, village or town attorney, law enforcement agency or the person whose operating privilege is revoked or suspended. A person entitled to receive information under this subsection may not disclose the information to any other person or agency.
I. 
Applicability of statutory proceedings. A person who is under 17 years of age on the date of disposition is subject to § 938.344, Wis. Stats., unless proceedings have been instituted against the person in a court of civil or criminal justice after dismissal of the citation under § 938.344(3), Wis. Stats.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
J. 
Alcohol abuse programs.
(1) 
In this subsection, "defendant" means a person found guilty of violating Subsection A or B who is 18, 19, or 20 years of age.
(2) 
After ordering a penalty under Subsection D or E, the court, with the agreement of the defendant, may enter an additional order staying the execution of the penalty order and suspending or modifying the penalty imposed. The order under this subsection shall require the defendant to do any of the following:
(a) 
Submit to an alcohol abuse assessment that conforms to the criteria specified under § 938.547(4), Wis. Stats., and that is conducted by an approved treatment facility. The order shall designate an approved treatment facility to conduct the alcohol abuse assessment and shall specify the date by which the assessment must be completed.
(b) 
Participate in an outpatient alcohol abuse treatment program at an approved treatment facility, if an alcohol abuse assessment conducted under Subsection J(2)(a) recommends treatment.
(c) 
Participate in a court-approved alcohol abuse education program.
(3) 
If the approved treatment facility, with the written informed consent of the defendant, notifies the agency primarily responsible for providing services to the defendant that the defendant has submitted to an assessment under Subsection J(2)(a) and that the defendant does not need treatment or education, the court shall notify the defendant of whether or not the penalty will be reinstated.
(4) 
If the defendant completes the alcohol abuse treatment program or court-approved alcohol abuse education program, the approved treatment facility or court-approved alcohol abuse education program shall, with the written informed consent of the defendant, notify the agency primarily responsible for providing services to the defendant that the defendant has complied with the order, and the court shall notify the defendant of whether or not the penalty will be reinstated. If the court had ordered the suspension of the defendant's operating privilege under Subsection D or E, the court may order the Secretary of Transportation to reinstate the operating privilege of the defendant if he or she completes the alcohol abuse treatment program or court-approved alcohol abuse education program.
(5) 
If an approved treatment facility or court-approved alcohol abuse education program, with the written informed consent of the defendant, notifies the agency primarily responsible for providing services to the defendant that the defendant is not participating in the program or that the defendant has not satisfactorily completed a recommended alcohol abuse treatment program or an education program, the court shall hold a hearing to determine whether the penalties under Subsection D or E should be imposed.
A. 
Defenses. In determining whether or not a licensee or permittee has violated § 290-22A or 290-23A, all relevant circumstances surrounding the presence of the underage person or the procuring, selling, dispensing or giving away of alcohol beverages maybe considered, including any circumstances listed below. In addition, proof of all of the following facts by a seller of alcohol beverages to an underage person is a defense to any prosecution for a violation of this section:
(1) 
That the purchaser falsely represented that he or she had attained the legal drinking age.
(2) 
That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the legal drinking age.
(3) 
That the sale was made in good faith and in reliance on the representation and appearance of the purchaser in the belief that the purchaser had attained the legal drinking age.
(4) 
That the underage person supported the representation under Subsection A(1) above with documentation that he/she had attained the legal drinking age.
B. 
Book kept by licensees and permittees.
(1) 
Every retail alcohol beverage licensee or permittee may keep a book for the purposes of Subsection A above. The licensee or permittee or his or her employee may require any of the following persons to sign the book:
(a) 
A person who has shown documentary proof that he or she has attained the legal drinking age if the person's age is in question.
(b) 
A person who alleges that he or she is the underage person's parent, guardian or spouse and that he or she has attained the legal drinking age, if the licensee or permittee or his or her employee suspects that he or she is not the underage person's parent, guardian or spouse or that he or she has not attained the legal drinking age.
(2) 
The book may show the date of the purchase of the alcohol beverage, the identification used in making the purchase or the identification used to establish that a person is an underage person's parent, guardian or spouse and has attained the legal drinking age, the address of the purchase and the purchaser's signature.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
OFFICIAL IDENTIFICATION CARD
Any of the following:
(1) 
A valid operator's license issued under Ch. 343, Wis. Stats., that contains the photograph of the holder.
(2) 
An identification card issued under § 343.50, Wis. Stats.
(3) 
An identification card issued under § 125.08, Wis. Stats.
(4) 
A valid military identification card issued to a member of the United States Armed Forces, or forces incorporated as part of the United States Armed Forces, that contains the person's photograph and date of birth.
(5) 
A valid United States passport.
B. 
Use. No card other than the identification card authorized under this section may be recognized as an official identification card in this state. Any licensee or permittee under this article may require a person to present an official identification card, documentary proof of age, an operator's license issued by another jurisdiction, or any other form of identification or proof of age acceptable to the licensee or permittee before providing alcohol beverages to the person or allowing the person to enter the premises for which the license or permit has been issued. Nothing in this subsection requires a licensee or permittee to accept any form of identification that does not appear to be valid or authentic or appears altered.
C. 
Penalties for falsification of proof of age.
(1) 
Prohibited acts.
(a) 
No person may make, alter or duplicate an official identification card, provide an official identification card to an underage person or knowingly provide other documentation to an underage person purporting to show that the underage person has attained the legal drinking age. No person may possess an official identification card or other documentation used for proof of age with the intent of providing it to an underage person. Except as provided in Subsection C(1)(b) and (c), any person who violates this subsection may be fined not less than $300 nor more than $1,250 or imprisoned for not less than 10 days nor more than 30 days, or both.
(b) 
Any person who violates Subsection C(1)(a) for money or other consideration is guilty of a Class I felony.
(c) 
Subsection C(1)(a) and (b) do not apply to a person who is authorized to make an official identification card under Ch. 343, Wis. Stats.
(2) 
Prohibited acts by underage persons.
(a) 
Any underage person who does any of the following is guilty of a violation:
[1] 
Intentionally carries an official identification card not legally issued to him or her, an official identification card obtained under false pretenses or an official identification card which has been altered or duplicated to convey false information.
[2] 
Makes, alters or duplicates an official identification card purporting to show that he or she has attained the legal drinking age.
[3] 
Presents false information to an issuing officer in applying for an official identification card.
[4] 
Intentionally carries an official identification card or other documentation showing that the person has attained the legal drinking age, with knowledge that the official identification card or documentation is false.
(b) 
Any underage person who violates Subsection C(2)(a) is subject to a forfeiture of not less than $300 nor more than $1,250, suspension of the person's operating privilege under § 343.30(6)(bm), Wis. Stats., participation in a supervised work program or other community service work under Subsection C(3), or any combination of these penalties.
(3) 
Supervised work program or other community service work.
(a) 
A supervised work program ordered under Subsection C(2) shall be administered by the applicable county department under § 46.215 or 46.22, Wis. Stats., or by a community agency approved by the court. The court shall set standards for the supervised work program within the budgetary limits established by the applicable county board of supervisors. The supervised work program may provide the person with reasonable compensation reflecting the market value of the work performed or it may consist of uncompensated community service work. Community service work ordered under Subsection C(2), other than community service work performed under a supervised work program, shall be administered by a public agency or nonprofit charitable organization approved by the court. The court may use any available resources, including any community service work program, in ordering the person to perform community service work under Subsection C(2).
(b) 
The supervised work program or other community service work shall be of a constructive nature designed to promote the person's rehabilitation, shall be appropriate to the person's age level and physical ability and shall be combined with counseling from a member of the staff of the applicable county department, community agency, public agency or nonprofit charitable organization or other qualified person. The supervised work program or other community service work may not conflict with the person's regular attendance at school. The amount of work required shall be reasonably related to the seriousness of the person's offense.
(4) 
When a court suspends a person's operating privilege under Subsection C(2), the Department of Transportation may not disclose information concerning or relating to the suspension to any person other than a court, district attorney, county corporation counsel, City, village or town attorney, law enforcement agency, driver licensing agency of another jurisdiction, or the person whose operating privilege is suspended. A person entitled to receive information under this subsection may not disclose the information to any other person or agency.
(5) 
A person who is under 17 years of age on the date of disposition is subject to § 938.344, Wis. Stats., unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under § 938.344(3), Wis. Stats.
(6) 
A law enforcement officer investigating an alleged violation of Subsection C(2) shall confiscate any official identification card or other documentation that constitutes evidence of the violation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
In this section, the following terms shall have the meanings indicated:
MOTOR VEHICLE
A motor vehicle owned, rented or consigned to a school.
SCHOOL
A public, parochial or private school which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an "elementary school," "middle school," "junior high school," "senior high school" or "high school."
SCHOOL ADMINISTRATOR
The person designated by the governing body of a school as ultimately responsible for the ordinary operations of a school.
SCHOOL PREMISES
Premises owned, rented or under the control of a school.
B. 
Except as provided by Subsection C, no person may possess or consume alcohol beverages:
(1) 
On school premises;
(2) 
In a motor vehicle, if a pupil attending the school is in the motor vehicle; or
(3) 
While participating in a school-sponsored activity.
C. 
Alcohol beverages may be possessed or consumed on school premises, in motor vehicles or by participants in school-sponsored activities if specifically permitted in writing by the school administrator consistent with applicable laws and ordinances.
D. 
A person who violates this section is subject to a forfeiture of not more than $200, except that § 938.344, Wis. Stats., and § 290-24D and E of this article provide the penalties applicable to underage persons.
A. 
No adult may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by an underage person on premises owned by the person or under the person's control. This subsection does not apply to alcohol beverages used exclusively as part of a religious service.
B. 
No adult may intentionally encourage or contribute to a violation of § 290-24A or B.
C. 
A person who violates this section is subject to a forfeiture of not more than $500.
[Amended 4-9-2007]
Any licensee, permittee or bartender of a retail alcohol beverage establishment covered by a license or permit issued by the City who permits an entertainer or an employee to solicit a drink of any alcohol beverage defined in § 125.02(1), Wis. Stats., or any other drink from a customer on the premises, or any entertainer or employee who solicits such drinks from any customer is deemed in violation of this section.
[Added 9-20-2016]
A. 
Statement of policy. Alcohol beverage licensees and their employees are responsible for enforcing state statutes and City ordinances relating to the sale and consumption of alcohol beverages, including preventing underage persons from entering the establishment and consuming alcohol beverages, not serving intoxicated persons, and maintaining orderly conduct within the establishments. In order to do this effectively, licensees and their employees cannot be under the influence of intoxicants, and therefore, to protect the health, safety and welfare of the City, its citizens and the patrons of alcohol beverage establishments, the City establishes these restrictions on licensees and their employees.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
EMPLOYEE
Any person, while engaged in any of the following activities for, or at the direction of, a licensee, whether acting as an employee, independent contractor or agent: tending bar, waiting on customers, serving alcohol beverages to customers, verifying the ages of customers, selling alcohol beverages, providing security, or supervising employees who are engaged in any of these activities.
INTOXICANT
Any alcohol beverage, hazardous inhalant, controlled substance, controlled substance analog, other drug, or any combination thereof.
LICENSEE
The holder of a retail license or permit issued by the City of Brodhead under Wis. Stats. Chapter 125; or the holder of an operator's license issued under City of Brodhead Ordinances Chapter 290, or its successor; while engaged in any of the following activities: tending bar, waiting on customers, serving alcohol beverages to customers, verifying the ages of customers, selling alcohol beverages, providing security, or supervising employees who are engaged in any of these activities.
UNDER THE INFLUENCE
Manifesting the known physical, physiological, mental or psychological effects of the presence of intoxicants in a person's bloodstream, which tend to alter the perception, self-control or judgment of the person.
C. 
Restriction. No licensee or employee shall be under the influence of an intoxicant while engaged in any of the following activities: tending bar, waiting on customers, serving alcohol beverages to customers, verifying the ages of customers, selling alcohol beverages, providing security, or supervising employees who are engaged in any of these activities while on or within a licensed premises.
D. 
Presumption of influence. A test of a person's breath, blood, or urine, including a preliminary breath test, which indicates a blood alcohol concentration of 0.04% or greater, is prima facie evidence, but is not required, to establish that the person is under the influence of the intoxicant alcohol. Law enforcement officials may request a preliminary breath test upon reasonable suspicion of a violation of this section. Refusal by a licensee, employee or agent to submit to a requested test may be considered by the Public Safety Committee and Common Council as grounds for issuing demerit points or the revocation, suspension, nonissuance, or nonrenewal of the licensee's operator's license.
E. 
Penalty. Any person who shall violate § 290-30C of the Code of the City of Brodhead shall be subject to a forfeiture as provided in § 1-4, General penalty, of the Code of Ordinances of the City of Brodhead. Nothing herein shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the Wisconsin Statutes.