[HISTORY: Adopted by the Common Council of the City of Brodhead
as indicated in article histories. Amendments noted where applicable.]
[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]
(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)
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]
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)
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.
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]
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.
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]
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]
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.
(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]
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.
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]]
(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]
(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)
(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]
(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.
(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]
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]
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.
(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.
ALCOHOL BEVERAGE
PUBLIC AREA
UNDERAGE PERSON
Definitions. As used in this article, 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
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.
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.
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.
(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.
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.
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.
(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.
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.
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]
J.
Alcohol abuse programs.
(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.
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.
OFFICIAL IDENTIFICATION CARD
(1)
(2)
(3)
(4)
(5)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any of the following:
A valid operator's license issued under Ch. 343, Wis. Stats.,
that contains the photograph of the holder.
An identification card issued under § 343.50, Wis.
Stats.
An identification card issued under § 125.08, Wis.
Stats.
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.
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.
(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.
A.
MOTOR VEHICLE
SCHOOL
SCHOOL ADMINISTRATOR
SCHOOL PREMISES
In this section, the following terms shall have the meanings indicated:
A motor vehicle owned, rented or consigned to a 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."
The person designated by the governing body of a school as
ultimately responsible for the ordinary operations of a school.
Premises owned, rented or under the control of a school.
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.
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.
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.
EMPLOYEE
INTOXICANT
LICENSEE
UNDER THE INFLUENCE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
Any alcohol beverage, hazardous inhalant, controlled substance,
controlled substance analog, other drug, or any combination thereof.
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.
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.
