[HISTORY: Adopted by the Town Board of the Town of Milton 3-10-2014 by Ord. No.
2014-2.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 205,
Intoxicating Liquor and Fermented Malt Beverages, comprised of Art.
I, Consumption in Public Areas, adopted 8-4-1980 by Ord. No. 55, as
amended; Art. II, Licenses Withheld for Delinquent Taxes, adopted
6-6-1983 by Ord. No. 58; and Art. III, Sale of Liquor for Off-Premises
Consumption, adopted 7-2-1984 by Ord. No. 59.
It shall be unlawful for any person, firm, association, corporation
or limited-liability company to sell, or keep for sale, at wholesale
or retail, or permit to be sold, or kept for sale, at wholesale or
retail, within the Town of Milton, any alcohol beverages with 0.5%
or greater alcohol by volume, except in strict accordance with the
provisions of this chapter.
The provisions of Chapter 125 of the Wisconsin Statutes, describing
and defining regulations with respect to alcohol beverages, are hereby
adopted and by reference made a part of this chapter as if set forth
in full herein; except for those provisions requiring imprisonment
or provisions permitting the Town to enact standards different from
that set forth by the legislature. Any act required to be performed
or prohibited by any statute incorporated herein by reference is required
or prohibited by this chapter unless there is specific provision to
the contrary. Any future amendments, revisions or modifications of
the statutes incorporated herein are made part of this chapter. In
the event of a conflict between the provisions of this chapter and
any statute, this chapter controls unless expressly forbidden by the
statute. If the statute authorizes the Town to enact a provision in
its sole discretion and this chapter does not so provide, the Town
shall be deemed to have declined to act.
Whenever the following terms are used in this chapter, they
shall have the definitions as follows:
Fermented malt beverages, wine and intoxicating liquor.
An organization, whether incorporated or not, which is the
owner, lessee or occupant of a building or portion thereof used exclusively
for club purposes, which is operated solely for a recreational, fraternal,
social, patriotic, political, benevolent or athletic purpose but not
for pecuniary gain and which only sells alcohol beverages incidental
to its operation.
The State of Wisconsin Department of Revenue.
Any beverage made by the alcohol fermentation of an infusion
in potable water of barley malt and hops, with or without unmalted
grains or decorticated and degerminated grains or sugar containing
0.5% or more of alcohol by volume.
All ardent, spirituous, distilled or vinous liquors, liquids
or compounds, whether medicated, proprietary, patented or not, and
by whatever name called, containing 0.5% or more of alcohol by volume,
which are beverages, but does not include fermented malt beverages.
Twenty-one years of age.
An authorization to sell alcohol beverages issued by a municipal
governing body under this chapter or in accordance with Chapter 125,
Wis. Stats.
Any permit issued by the Department.
A natural person, sole proprietorship, partnership, limited-liability
company, corporation or association.
The specific area described in a license or permit, whether
indoors and/or outdoors, within which alcohol beverages are to be
sold and/or consumed.
The primary activity as determined by analyzing the amount
of capital, labor, time, attention and floor space devoted to each
business activity and by analyzing the sources of net income and gross
income. The name, appearance and advertising of the entity may also
be taken into consideration if they are given less weight.
Has the meaning as defined in § 254.61(5), Wis.
Stats., and whose sale of alcohol beverages accounts for less than
50% of the establishment's gross receipts.
Any transfer of alcohol beverages with consideration, or
any transfer without consideration if knowingly made for purposes
of evading the law relating to the sale of alcohol beverages, or any
shift, device, scheme or transaction for obtaining alcohol beverages,
including the solicitation of orders for, or the sale for future delivery
of, alcohol beverages.
A person who has not attained the legal drinking age.
Not only all the well-known and easily recognized conditions
and degrees of intoxication, but any abnormal mental or physical condition
which is the result of indulging to any degree in alcohol beverages
and which tends to deprive a person of the clearness of intellect
and control of himself or herself which he or she would otherwise
possess.
Products obtained from the normal alcohol fermentation of
the juice or must of sound, ripe grapes, other fruits or other agricultural
products, imitation wine, compounds sold as wine, vermouth, cider,
perry, mead and sake, if such products contain 0.5% or more of alcohol
by volume.
A.
Class A licenses.
(1)
A Class A beer license issued by the Town Board authorizes retail
sales of fermented malt beverages within the Town of Milton, for consumption
elsewhere than on the premises where sold.
(2)
A Class A alcohol license issued by the Town Board authorizes retail
sales of all alcohol beverages within the Town of Milton, for consumption
elsewhere than on the premises where sold.
B.
Class B licenses.
(1)
A Class B beer license issued by the Town Board authorizes retail
sales of fermented malt beverages within the Town of Milton to be
consumed either on the premises where sold or off the premises, provided
that only fermented malt beverages in original packages or containers
may be removed from the premises where sold.
(2)
A Class B alcohol license issued by the Town Board authorizes retail
sales of wine, fermented malt beverages and intoxicating liquor within
the Town of Milton for consumption on the premises where sold by the
glass and to be consumed on the licensed premises where sold and the
sale of wine, fermented malt beverages and intoxicating liquor in
the original package or container in multiples not to exceed four
liters at any one time and to be consumed off the licensed premises,
except that wine may be sold in the original container or otherwise
in any quantity to be consumed off the premises.
(3)
A temporary Class B alcohol license and/or a temporary Class B beer
license may be issued by the Town Board 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
prior to 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 application
shall be filed with the Town Board at least 30 days prior to the granting
of the license. The Town Board may issue a license for an application
that is not timely filed provided that it finds that it has all of
the information necessary to make an informed decision. The license
shall be issued upon written application, and for such time, not to
exceed four days, as shall be designated by the Board and shall be
subject to such restrictions as imposed by the Board. No more than
two temporary Class B alcohol licenses and no more than two temporary
Class B beer licenses may be issued to the same applicant within any
twelve-month period. As a condition of issuance of a temporary Class
B beer or temporary Class B alcohol license, such license shall only
be effective and in force when at least two persons holding operators'
licenses or the licensee (or agent of the licensee) and one operator's
licensed person are working at the licensed premises.
C.
Class C licenses. A retail Class C license may be issued by the Town
Board to a person qualified under § 125.04(5), Wis. Stats.,
for a restaurant operating under a restaurant license issued by the
State of Wisconsin, in which the sale of alcohol beverages accounts
for less than 50% of gross receipts and which does not have a barroom.
Each applicant for a Class C license shall disclose on the application
the receipts for the sale of alcohol beverages and the percentage
of such sales to the gross sales.
D.
Provisional Class A alcohol, Class A beer, Class B alcohol, Class
B beer, or Class C licenses. The Town Clerk may issue a provisional
Class A alcohol, Class A beer, Class B alcohol, Class B beer, or Class
C license to a person who has applied for a license of the same type.
Such provisional license shall be nonrenewable and expire the earlier
of 60 days after issue or at the time a license is issued; if the
provisional licensee's application for a license is denied by the
Town Board, the provisional license shall no longer be in force and
shall be revoked by the Town Clerk. The Town Clerk may not issue a
provisional Class B alcohol license if the Town's quota under § 125.51(4),
Wis. Stats., prohibits the Town Board from issuing a Class B alcohol
license. No person may hold more than one type of provisional retail
license of each type applied for within a twelve-month period. The
Town Clerk may issue a provisional license only upon having received
a report from the Chief of Police that the applicant (and in the case
of a corporation or limited-liability company, its directors, officers,
members, managers, and agent) 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. A provisional license may not
be issued to any person who has been denied an operator's license
by the Town Board or who has had his/her operator's license revoked
or suspended within the preceding 12 months. The Town Clerk may provide
an appropriate application form to be completed in full by the applicant.
The Town Clerk may revoke the provisional license issued if it is
discovered that the holder of the license made a false statement on
the application.
E.
Operator's licenses.
(1)
An operator's license shall be issued by the Town Clerk/Treasurer
to an applicant who is qualified as stated in §§ 125.17
and 125.04(5), Wis. Stats. An operator's license shall be issued for
one year and shall expire on June 30.
[Amended 7-13-2020 by Ord. No. 2020-2]
(2)
Provisional operator's licenses. The Town Clerk may issue provisional
operator's licenses in accordance with § 125.17(5), Wis.
Stats., to an applicant who also applies for an operator's license,
pays the requisite fee for a provisional operator's license, and provides
a copy of a valid operator's license issued by another municipality.
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, and shall not be renewable. The Town Clerk may, within
two business days of the receipt of an application, issue a provisional
operator's license upon having received a report from the Chief of
Police 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 relate 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 Town
Board or who has had his/her operator's license revoked or suspended
within the preceding 12 months. The Town Clerk may provide an appropriate
application form to be completed in full by the applicant. The Town
Clerk may revoke the provisional license issued if it is discovered
that the holder of the license made a false statement on the application
or if the operator's license issued by another municipality and provided
by the applicant is found to be not valid. Following completion of
a responsible beverage server training course, an operator's license
application may be presented to the Town Board.
(3)
Temporary operator's licenses. The Town Board may issue a temporary
operator's license, valid for one day to 14 days as the Town Board
may order, to persons employed by or donating their services to nonprofit
corporations. The period for which the temporary operator's license
is valid shall be stated on the license. No person may hold more than
one temporary operator's license within any twelve-month period.
F.
Manager's licenses. A manager's license may be issued by the Town
Board to an applicant who is qualified as stated in §§ 125.18
and 125.04(5), Wis. Stats. A manager's license shall be issued for
one year and shall expire on June 30.
A.
Form of application. Each application for a license to be granted
pursuant to this chapter, except for a manager's or operator's license,
shall be made to the Town Clerk on the applicable form provided by
and available from the Wisconsin Department of Revenue. Each application
for a license and each license shall designate the premises in the
Town of Milton where the relevant alcohol beverage(s) will be sold
and if the licensee permits on-site consumption of such alcohol beverage(s),
where such consumption is to be permitted. The applicant shall fully
describe said premises, including the precise location and dimensions
of the areas, indoors or outdoors, where alcohol beverage(s) will
be sold and/or consumed. No application shall be accepted by the Town
Clerk unless, at the time of application, the applicant shall pay
to the Town Clerk/Treasurer any and all costs for publication of the
required notice of hearing on the application (discussed below). The
Town Clerk may provide an application for a manager's or operator's
license which shall contain the following information; if the Town
Clerk does not provide such an application, each applicant for a manager's
or operator's license shall provide the following information in writing:
(1)
The name of the applicant.
(2)
The address of the applicant.
(3)
The residential and business telephone number of the applicant, if
any.
(4)
The age of the applicant.
(5)
The name of the licensed premises where the alcohol beverage will
be sold.
(6)
The address of the licensed premises where the alcohol beverage will
be sold.
(7)
The business telephone number of the licensed premises where the
alcohol beverage will be sold.
(8)
A history of the applicant relevant to the fitness of the applicant
to hold a license.
(9)
Which license is requested (operator's license or manager's license).
(10)
The kind of operator's license, if any, for which the applicant
is applying (permanent or temporary).
(11)
Length of applicant residency in State of Wisconsin.
(12)
Any pending felony charge and any pending felony conviction
record of applicant. If so, was applicant duly pardoned? If so, by
whom?
(13)
Any pending arrest record and any conviction record of the applicant.
If so, for what acts?
(14)
The applicant shall sign the application, stating that all information
provided on the application is true and correct.
B.
Application deadlines. Applications may be made at any time by submitting
an application to the Town Clerk. Any original application or renewal
application that a person desires to be heard by the Town Board prior
to June 15 of any year (so that a license may be issued prior to June
30, to be effective on July 1) must be submitted to the Town Clerk
no later than April 15 of the same year.
C.
Qualifications for licenses - generally.
(1)
Qualifications for licenses issued under this chapter are as set
forth in this chapter and as stated in Chapter 125, Wis. Stats.
(2)
Statutory requirements. Each applicant for a license shall prove
to the Town Board that all applicable requirements for granting a
license to such applicant are met, and specifically that the applicant
for a:
(a)
Class A alcohol license meets all requirements of § 125.51(2),
Wis. Stats.
(b)
Class B alcohol license meets all requirements of § 125.51(3),
Wis. Stats.
(c)
Class C license meets all requirements of § 125.51(3m),
Wis. Stats.
(d)
Class A beer license meets all requirements of § 125.25,
Wis. Stats.
(e)
Class B beer license meets all requirements of § 125.26,
Wis. Stats.
(f)
Manager's license meets all requirements of §§ 125.18
and 125.32(1), Wis. Stats.
(3)
No license shall be issued by the Town Board unless the requisite
fee for the application is paid to the Town Clerk/Treasurer.
(4)
No licenses shall be issued to an applicant:
(a)
Who, subject to §§ 111.321, 111.322, 111.335,
and 125.12(1)(b), Wis. Stats., has an arrest or conviction record,
has habitually been a law offender, or has been convicted of a felony
unless the applicant has been duly pardoned.
(b)
Unless the applicant has been a resident of Wisconsin continuously
for at least 90 days prior to the date of the application.
(c)
Unless the applicant has attained the legal drinking age.
(d)
Unless the applicant has submitted proof under § 77.6(11),
Wis. Stats., that the applicant is the holder of a seller's permit
or use tax registration certificate, is registered to collect, report,
and remit use tax under Chapter 77, Wis. Stats., or has been informed
by an employee of the Department that the Department will issue a
seller's permit or use tax registration certificate to that person
or register that person to collect, report, and remit use tax.
(5)
Training course. No licenses shall be issued unless the applicant
has successfully completed a responsible beverage server training
course at any location that is offered by a vocational, technical,
and adult education district and that conforms to curriculum guidelines
specified by the board of vocational, technical, and adult education
or a comparable training course that is approved by the Department
or the educational approval board or unless the applicant fulfills
one of the following requirements. Those who complete such program
shall have an appropriate endorsement recorded and placed on their
licenses. No operator's license shall be issued or renewed to any
person who failed to complete the program during any previous period
during which such person held an operator's license without first
successfully completing the program. Where application is made for
a license on behalf of a sole proprietorship, the sole proprietor
shall have successfully completed a responsible beverage server training
course. Where such application is made on behalf of a partnership,
all partners shall have successfully completed the beverage server
training course. Where such application is made on behalf of a corporation
or a limited-liability company, the agent appointed shall have successfully
completed a responsible beverage server training course. An applicant
need not attend a training course if:
(a)
The applicant is renewing an operator's license.
(b)
Within the past two years, the applicant held a Class A beer,
Class B beer, Class A alcohol, or Class B alcohol license or permit
or a manager's or operator's license.
(c)
Within the past two years, the person has completed such a responsible
beverage server training course.
D.
Qualifications for licenses - corporations and limited-liability
companies.
(1)
Generally. No license shall be issued to any corporation or limited-liability
company (sometimes referred to herein as an "entity") unless the following
conditions are met:
(a)
The entity, subject to §§ 111.321, 111.322, 111.335,
and 125.12(1)(b), Wis. Stats., does not have an arrest or conviction
record, has not been a habitual law offender, or been convicted of
a felony unless duly pardoned, except these requirements shall not
apply if the entity has terminated its relationship with all of the
individuals whose actions directly contributed to the conviction;
(b)
The entity submits proof under § 77.61(11), Wis. Stats.,
that the applicant is the holder of a seller's permit or use tax registration
certificate, is registered to collect, report, and remit use tax under
Chapter 77, Wis. Stats., or has been informed by an employee of the
Department that the Department will issue a seller's permit or use
tax registration certificate to that entity or register that entity
to collect, report, and remit use tax;
(c)
The officers and directors, or members and managers, of the
entity each, subject to §§ 111.321, 111.322, 111.335,
and 125.12(1)(b), Wis. Stats., do not have an arrest or conviction
record, have not been habitual law offenders, have not been convicted
of a felony unless duly pardoned, and have attained the legal drinking
age; and
(d)
The agent (discussed below) of the entity, subject to §§ 111.321, 111.322, 111.335, and 125.12(1)(b), Wis. Stats., does not have an arrest or conviction record, has not been a habitual law offender, and has attained the legal drinking age; has been a resident of this state continuously for at least 90 days prior to the date of the application, and has completed a responsible beverage server training course as stated in Subsection C(5) above.
(2)
Agent. No entity shall be issued a license unless.
(a)
The entity appoints, in writing, an agent to whom the entity
delegates and vests full authority and control of the premises described
in the license application and of the conduct of all business on the
premises relative to alcohol beverages;
(b)
The entity provides a copy of the writing described above to
the Town Board, which has been signed by the agent accepting his/her
appointment as the agent of the entity and the authority and control
delegated to and vested in him/her as the agent of the entity; and
(c)
The Town Board deems the character, record, and reputation of
the agent satisfactory.
(3)
Successor agent. If an agent resigns as such, he/she shall notify
the entity and the Town Clerk within 48 hours of such resignation.
Upon the resignation of an agent or if the entity shall cancel the
appointment of an agent, the entity shall appoint a successor agent
for the remainder of the license year. The entity shall immediately
notify the Town Clerk in writing of the appointment of the successor
agent and the reason for the cancellation, if any, and the new appointment.
The successor agent shall meet the same qualifications as an original
agent. Upon approval by the Town Board of each successor agent, the
entity shall pay a fee to the Town Board. The entity's license shall
not be in force:
(a)
If any peace officer of the Town delivers a notice of disapproval
of the successor agent to the Town Clerk prior to the next regularly
scheduled or special meeting of the Town Board; and/or
(b)
After the next regularly scheduled or special meeting of the
Town Board unless and until a successor agent is appointed and approved
by the Town Board.
E.
Procedure on receiving an application.
(1)
No license shall be granted under this chapter unless a public hearing
is held on such application.
(2)
No such hearing shall be held except upon proper notice in the agenda
for such hearing. Additionally, no hearing on an application for a
Class A beer, Class B beer, Class A alcohol, Class B alcohol, or Class
C license, except on the application for a temporary Class B beer
license or a temporary Class B alcohol license, shall be held except
upon proper notice to the public by a Class I notice, together with
the posting of such notice in three public places in the Town, including
the public posting area of the Town Building. Such notice may be given
by publication and posting of the agenda showing such hearing. The
notice shall include the name and address of the applicant, the kind
of license applied for and the location of the premises to be licensed.
(3)
Such hearing shall be conducted and recorded with either a court
reporter or a tape recording, unless this condition is unanimously
waived by vote of the Town Board.
(4)
The order of procedure shall be that the persons appearing in favor
of the granting of the license shall appear first an make their presentation;
the persons appearing in objection shall then make their presentations,
and the persons appearing in favor shall then have an opportunity
to present rebuttal. The Town Board shall have the right to limit
the amount of time for each presentation, to receive petitions for
or against, to request that persons signing such petitions sign either
a form or a sheet stating who they are, who they represent, whether
they are electors or otherwise, their address and whether or not they
are for, against or have no position on the matter.
(5)
After the conduct of the hearing, which shall follow regular rules
of order, the Town Board may meet in open or closed session. Closed
sessions shall be held only if properly noticed in the agenda. They
shall then act upon the application at such time or later, as the
Board feels sufficient information has been received on which to act
properly, and either grant, deny or table the application for a period
of time.
F.
Criteria for granting a license. The Town Board shall not issue (or
renew) such a Class A license or Class B license unless and until
it finds the answers to the following questions to be in the affirmative:
(1)
Are the premises and any building in which the licensee is to be
conducting business in accord with the Zoning and Building Codes of
the State of Wisconsin and the Municipal Code of the Town of Milton,
and in compliance with the regulations of any other regulating bodies?
(2)
Are the premises reasonably and specifically defined and has the
applicant demonstrated that the premises as defined by the applicant
are safe for the sale and/or consumption of alcohol beverage(s) and
that the defined premises promote compliance with this chapter by
virtue of promoting control of the premises by the operator(s) and
preventing and discouraging unlawful conduct on the premises?
(3)
Has the applicant sufficiently described the controls that will be/have
been enacted by the applicant to ensure that underage persons do not
unlawfully obtain or consume alcohol beverage(s) on the premises and
the controls that will be/have been enacted by the applicant to prevent
the removal of partially filled containers of alcohol beverage(s)
from the premises?
(4)
Will the issuance of the license be consistent with the general welfare
of the Town of Milton, Rock County, Wisconsin?
(5)
Will the aesthetic aspects of the building and the operation generally,
including fencing, grounds, parking and otherwise, contribute to the
general attractiveness of the community?
(6)
Is the sign copy to be used with such business, on and off premises,
such that it will not confuse the public?
(7)
Have the traffic effects resulting from issuance of the license been
reviewed by a proper traffic reviewing authority such as the municipal
Police Department, and is such report on file for the Town Board's
consideration?
(8)
At the licensed premises music will not be played and other forms
of entertainment will not be held that are reasonably likely to cause
violence?
(9)
At the licensed premises or due to the licensed premises will there
not be excessive demands on law enforcement agencies due to violent
or unlawful acts or the threat of violent or unlawful acts?
(10)
Has the Town Board carefully considered the application in its
entirety, including such background material as it may lawfully require?
(11)
Has the Town Board carefully considered the personnel involved
in the operation of the premises to be licensed, and is the Town Board
satisfied that there is no such operator who is a convicted felon
or who is not a person of good character?
(12)
Has the Town Board been satisfied that every applicant and all
employees and/or agents, etc., connected with the application are
persons of good character?
(13)
Does the application itself meet with all of the legal requirements
of the laws of the State of Wisconsin and the ordinances of the Town
of Milton?
(14)
Has the Town Board, or a representative thereof, made a personal
inspection of the premises, or if a proposed structure, the plans
and specifications for same, and if appropriate, has it consulted
with engineers, and rendered a report to the Town Board?
(15)
Have all delinquent and unpaid taxes, assessments, forfeiture,
or other claims of the Town of Milton related to the premises or the
applicant been paid in full?
G.
Discretionary authority of the Town Board. The fact that a particular premises meets the qualifications set forth above does not entitle said premises to a license, the issuance of which remains the sole discretion of the Town Board considering all factors relevant to the issuance of said license. The Town Board may reevaluate the answers or information relevant to the criteria established by Subsection F of this § 205-5, of Chapter 205 at any hearing regarding the suspension or revocation of a license previously granted by the Town Board. If the Town Board is not able to answer each of the questions set forth in Subsection F in the affirmative, the Town Board may find grounds, among others, to suspend or revoke a license.
H.
Limitations.
(1)
Compliance with other laws. No license shall be issued hereunder
for the sale of alcohol beverages on any premises unless such premises
complies with and conforms to all ordinances, health, sanitation,
building and fire laws, statutes, and regulations of the Town and
of the state.
(2)
Sale of liquor in original packages. Holders of Class B alcohol fermented
malt beverage and intoxicating liquor licenses may sell liquor in
the original package for off-premises consumption, not to exceed one
gallon per sale. Such sales shall be made either by the licensee or
by a licensed bartender or employee licensed for such purposes.
(3)
No license where pending violation. No license shall be issued, renewed
or granted hereunder to any person, firm, corporation, limited-liability
company or organization for any premises as a result of the sale or
transfer of the business, stock in trade or furnishings of said premises,
to a new applicant while there is pending against the former licensee
thereof any proceedings for the violation of any provisions of the
general ordinances of the Town of Milton.
(4)
Licensee on premises at all times. There shall be at all times, upon
the licensed premises the licensee, the agent named in the license
if the licensee is a corporation or limited-liability company, or
some person who shall have an operator's or manager's license and
who shall be responsible for the acts of all persons serving, as waiters
or in any other manner, any alcohol beverages to customers. No person
other than the licensee, or the agent named in the license if the
licensee is a corporation or limited-liability company, shall serve
alcohol beverages in any place operated under a license unless he/she
shall possess such operator's or manager's license, or unless he/she
shall be under the immediate supervision of the licensee or a person
holding an operator's or manager's license who shall be at the time
of such service upon said premises. No person may manage premises
operating under a license or permit, unless the person is the licensee,
an agent of the corporation or limited-liability company or the holder
of a manager's license.
(5)
No person shall be issued or reissued a Class A beer, Class B beer,
Class A alcohol, Class B alcohol or Class C license who does not,
at the time of application, have a building on the premises for the
purpose of utilizing the license or permit. No person shall be issued
or reissued the license until the building has been constructed and
the building complies with all federal, state, County of Rock and
Town of Milton laws, regulations and ordinances, including but not
limited to fire, sanitation, electrical, plumbing and building codes.
If the building where alcohol beverages are sold is destroyed, the
license or permit issued by the Town of Milton shall remain valid
until expiration of the license or permit term and, in addition, the
person issued the license or permit shall have 150 days after expiration
to complete construction of a new building for reissuance of a new
license.
(a)
The Town Board of the Town of Milton, at its option, may waive
the construction completion requirement if the Town Board: 1) believes
the applicant has the intent to construct a premises 2) receives from
the applicant written plans or written contracts submitted as proof
of construction; and 3) receives a signed sworn statement from the
applicant that the applicant will construct a building for retail
alcohol beverage sales and that the building will be completed for
actual business operations and in conformity with State of Wisconsin
and Town of Milton laws, regulations and ordinances within 150 days
after the submittal of the application.
(b)
This license/permit shall be issued upon conditions of completeness.
If the building is not completed by the above-noted time period and
if the building does not meet the State of Wisconsin and Town of Milton
laws, regulations and ordinances, then the license/permit will be
invalid and the applicant shall reapply for a license.
(c)
No licensee shall permit music to be performed, played or otherwise
broadcast in or near a licensed premises outside of a fully enclosed
structure between 11:00 p.m. and 9:00 a.m. daily.
I.
Expiration dates. Except as otherwise provided in this chapter, all
licenses and permits issued under this chapter shall expire on June
30 of each year.
J.
Refusals to issue new license or permit. If the Town Board decides
not to issue a new license under this chapter, such denial shall include
a reason. The Town Clerk shall transmit to the applicant, by first
class mail, the decision of the Town Board and shall state the reason
thereof.
K.
List of licensees. No later than July 15 annually, the Town Clerk
shall mail to the Department a list containing the names, addresses
and trade name of each person holding a license issued by the Town
of Milton, other than a manager's or operator's license, the type
of license held, and, if the license is an entity, the type of entity
and the name and address of the entity's agent.
A.
Death or insolvency of licensee. If a licensee dies, becomes bankrupt
or makes an assignment for the benefit of creditors during the license
year or after filing an application, the personal representative,
surviving spouse if no personal representative is appointed, a trustee,
or receiver may continue or sell or assign the business. If the business
is sold or assigned, the license may be transferred to the successor
owner or assignee at no charge if such successor owner or assignee
complies with the requirements applicable to original applicants and
acceptable to the Town Board which consents to the transfer.
B.
Disability of licensee. If the licensee becomes disabled, the Town
may, upon application and without fee for the year in which the transfer
shall take place, transfer the license to the licensee's spouse if
the spouse qualifies for a license pursuant to Chapter 125, Wis. Stats.,
this chapter and complies with all of the requirements (except regarding
payment of fee as stated above) under Chapter 125, Wis. Stats., applicable
to original applicants.
C.
Transfer to different premises. A license to sell alcohol beverages
may be transferred to another premises in the Town of Milton. Class
A and Class B licenses, managers' licenses and operators' licenses,
pursuant to § 125.04(12), Wis. Stats., are limited to only
one transfer in any license year. The fee for the transfer of a license
shall be set by the Town Board and shall be payable to the Town Clerk/Treasurer.
The Town Clerk/Treasurer shall promptly notify the Department of any
license transfer.
All alcohol beverage licenses issued by the Town of Milton shall
be displayed by the licensee in an enclosed frame having a transparent
front which allows the license/permit to be clearly read. The license
shall be conspicuously displayed in the room or place where the activity
subject to the license is conducted.
A.
Each licensee and person subject to this chapter shall comply with
the provisions of this chapter and Chapter 125, of the Wis. Stats.
Failure to so comply may constitute grounds for the revocation, suspension
or nonrenewal of a license.
B.
No person may procure for, sell, dispense or give away alcohol beverages
in the Town of Milton to any underage person not accompanied by his
or her parent, guardian or spouse who has attained the legal drinking
age. 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 person in the Town of Milton may knowingly permit or fail
to take action to prevent the illegal consumption of alcohol beverages
by any underage person on premises owned by the adult or under the
control of the adult. This provision does not apply to alcohol beverages
used exclusively as part of a religious ceremony.
D.
No adult person in the Town of Milton may intentionally encourage
or contribute to any underage person procuring alcohol beverages,
entering a licensed or permitted premises in violation of § 125.07(3),
Wis. Stats., falsely representing his or her age for the purpose of
receiving alcohol beverages from a licensee, or knowingly possess
or consume alcohol beverages unless allowed pursuant to § 125.07(4),
Wis. Stats. No licensee in the Town of Milton may sell, vend, deal
or traffic in alcohol beverages to or with a person who is intoxicated.
No underage person in the Town of Milton, not accompanied by his or
her parent, guardian or spouse who has attained the legal drinking
age, may enter, knowingly attempt to enter, or be on any licensed
premises for any purpose except those specific purposes noted in § 125.07(3),
Wis. Stats.
E.
No person as owner or lessee or in charge of a public place or public
facility in the Town of Milton may permit the consumption of alcohol
beverages on the premises of the public place unless the person has
the appropriate retail alcohol beverage license issued by the Town
of Milton. This provision does not apply to the Town of Milton, other
municipal units in the Town of Milton, buildings and parks owned by
the County of Rock, regularly established athletic fields and stadiums,
school buildings, churches and premises in a state fair park or clubs.
No person in the Town of Milton may possess or consume alcohol beverages
on school premises in a motor vehicle if a pupil attending the school
is in the motor vehicle or while participating in a school-sponsored
activity. This provision may be waived by the school administration
consistent with applicable state laws, with Town of Milton ordinances
and with policies of the school board.
F.
No person shall solicit drinks in the Town of Milton in violation
of § 944.36, Wis. Stats.
G.
No person shall engage in gambling or related activities in the Town
of Milton in violation of the provisions of §§ 945.02,
945.03, 945.04 or 945.041, Wis. Stats.
H.
No person shall keep or maintain a disorderly licensed premises in
the Town of Milton in violation of the provisions of § 947.01,
Wis. Stats.
A.
It shall be unlawful for any person to have in his or her possession
any container partially filled with alcohol beverages except when
such person is on premises which are duly licensed for the sale of
alcohol beverages or except when any person or his or her guests are
within said person's own residence or upon his or her own residence
premises and have obtained the legal drinking age. "Residence premises"
includes those driveways, parking areas or lawn areas used exclusively
for the residents and guests of the premises involved but does not
include those driveways, parking areas or lawn areas which are available
for use by the general public, are available for use by patrons of
any business establishment, or are available for the combined use
for both residents of the premises involved and patrons of the premises
involved and/or the general public.
B.
Premises licensed for the sale of alcohol beverages (except premises
for which temporary Class B beer licenses and temporary Class B alcohol
licenses have been issued) are defined as a room and rooms on the
ground floor of the building which is or are located within the front
or street door and the rear door of said license premises and shall
exclude any entryway which may be located outside of any front or
rear door of said license premises, unless specific areas are otherwise
approved by the Town Board upon application by the licensee.
C.
The person holding the license for said premises and any employee
or employees shall be responsible for enforcing the provisions of
this section and shall be in violation of this section, if he or she
permits any person to carry out of said licensed premises any partially
filled container of alcohol beverages.
The Town of Milton shall issue no more Class A alcohol, Class
B alcohol, Class A beer or Class B beer fermented malt beverage licenses
than allowed by § 125.51, Wis. Stats. The Town Board may
further limit the number of licenses in any one or more classification
that shall be granted. The number of Class A alcohol licenses issued
by the Town Board shall not exceed one per 2,000 population of the
Town of Milton or fraction thereof.
A.
The following provisions shall apply to the revocation, suspension
or nonrenewal of any license issued pursuant to this chapter.
B.
Complaint. Any resident of the Town may file a sworn written complaint
with the Town Clerk alleging one or more of the following about any
person or other entity licensed pursuant to this chapter:
(1)
The person has violated any provision of this chapter, including,
but not limited to, the following:
(a)
Failure to be licensed.
(b)
Providing alcohol beverage(s) to underage person(s).
(c)
Providing alcohol to an intoxicated person.
(d)
Underage person(s) on premises.
(e)
Failure to ensure open containers are taken outside of the premises
by any person.
(f)
Making false or misleading statements on any application.
(g)
Transfer of license without permission of the Town Board.
(h)
Sale or dispensing of alcohol beverage(s) outside of the licensed
premises.
(i)
Failure to post license.
(j)
Gambling on the licensed premises by any person.
(k)
Failure to have required licensee present in the premises when
alcohol beverage(s) are sold.
(l)
Failure to comply with any health, fire, sanitary, or similar
law, ordinance, code, or rule for the benefit of public welfare and
safety.
(m)
Being open during prohibited hours for operation.
(n)
Consumption or sale of alcohol beverages on premises during
prohibited hours of operation.
(o)
Obstructing an officer in the performance of any duties related
to compliance with this chapter or any other law, code, ordinance,
or rule.
(p)
Playing of outdoor music during prohibited hours for such conduct.
(2)
The person keeps or maintains a disorderly or riotous, indecent or
improper house.
(3)
The person has sold or given away any intoxicant to any underage
person, or to persons intoxicated or bordering on intoxication, or
to known habitual drunkards.
(4)
The person has failed to maintain the premises according to standards
prescribed for sanitation by the State Division of Public Health,
or in whose premises persons are permitted to loiter for purposes
of prostitution or other unlawful conduct.
(5)
The person has not observed and obeyed any lawful order of the Town
Board or police officers of the Town.
(6)
The person does not possess the qualifications required under this
chapter to hold the license.
(7)
The person has been convicted of manufacturing or delivering a controlled
substance under § 161.41(1), Wis. Stats.;[1] of possessing, with intent to manufacture or deliver,
a controlled substance under § 161.41(1m), Wis. Stats.;
or of possessing, with intent to manufacture or deliver, or of manufacturing
or delivering a controlled substance under a substantially similar
federal law or a substantially similar law of another state.
[1]
Editor's Note: Section 161.41, Wis. Stats. was renumbered
in part and repealed in part by 1995 Act 448, §§ 243
to 266, effective 7-9-1996.
(8)
The person knowingly allows another person, who is on the premises
for which the license under this chapter is issued, to possess, with
the intent to manufacture or deliver, or to manufacture or deliver
a controlled substance.
C.
Notice of hearing on complaint. Upon the filing of the complaint,
the Town Board shall issue a notice of hearing on complaint, signed
by the Town Clerk and directed to any peace officer in the municipality
who shall serve said notice upon the licensee in the manner provided
under Ch. 801, Wis. Stats., for service in civil actions in circuit
court. The notice shall set forth the nature and content of the complaint
filed with the Town and shall command the licensee complained of to
appear before the Town Board on a day and time and at a place named
in the notice, not less than three days and not more than 10 days
from the date of issuance, and show cause why the license should not
be revoked or suspended. The notice and a copy of the complaint shall
be served on the licensee at least three days before the time at which
the licensee is commanded to appear.
D.
Procedure on hearing.
(1)
If the licensee does not appear as required by the summons, the allegations
of the complaint shall be taken as true and if the Town Board finds
the allegations sufficient, the license shall be revoked. The Clerk
shall give notice of the revocation to the person whose license is
revoked.
(2)
The Chair of the Town Board, or his/her designee, shall conduct the
hearing, administer oaths to all witnesses and may issue subpoenas.
So far as practicable, the rules of evidence provided in § 227.45,
Wis. Stats., shall be followed. The complainant shall have the burden
of proving the charges by a preponderance of the evidence.
(3)
If the licensee appears as required by the notice and denies the
complaint, both the complainant and the licensee may produce witnesses,
cross-examine witnesses and be represented by counsel. The licensee
shall be provided a written transcript of the hearing at his or her
expense. All proceedings and testimony shall be recorded on tape and
transcribed unless waived by both the complainant and licensee. If
either party requests a stenographic recording and transcription,
the Town Clerk shall make the necessary arrangements, but the expense
shall be borne by the requesting party. The Town Clerk shall mark
and receive all exhibits admitted into the record.
E.
Decision of the Town Board.
(1)
Within 20 days of the completion of the hearing, the Town Board shall
submit its findings of fact, conclusions of law and decision. The
Town Clerk shall provide the complainant and the licensee with a copy
of the decision.
(2)
The decision of the Town Board shall be a final determination for
purposes of judicial review. If the complaint is found to be true,
the licensee shall pay to the Town Clerk the actual cost of the proceedings.
(3)
If the Town Board finds the complaint untrue, the proceeding shall
be dismissed without cost to the licensee. If the Town Board finds
the complaint is true, it shall determine the sanctions to be imposed
against the licensee. Sanctions may include a warning, a fine not
to exceed $500, suspension of license, or revocation of license.
(4)
The Town Clerk shall give notice of the sanctions imposed to the
licensee.
F.
Effect of revocation. When a license is revoked under this section,
the revocation shall be recorded by the Town Clerk and no other license
issued under this chapter shall be granted to such licensee or for
such premises for a period of 12 months from the date of the revocation.
G.
Nonrenewal of license. The Town Board may on its own initiative or
upon the petition or any resident of the Town, in writing, notify
any licensee of its consideration of nonrenewal of a license. Such
notification shall be in the form of and shall serve as the summons
and complaint and shall include a statement of the reasons for the
consideration of the nonrenewal of the license in the same specificity
required for a summons and complaint for revocation or suspension.
If the license is recommended for nonrenewal, costs may be assessed
against the licensee and any renewal application fee shall be forfeited.
Notice of the hearing and the hearing shall be conducted in the same
manner as a hearing on revocation or suspension of a license, as described
above. The commencement of an action shall stay action by the Town
Board on the licensee's application until the decision of the Town
Board is final.
H.
Other provisions. Any license issued pursuant to this chapter shall
be subject to such further regulations and restrictions as may be
imposed by the Town Board by amendment to this chapter or by the enactment
of new ordinances. If any licensee shall fail or neglect to meet the
requirements imposed by such new restrictions and regulations, her/his
license may be revoked or suspended in accordance with this section.
In case of revocation of any license for any violation of any provision
of this chapter in accordance with this section or by the court or
for any reasonable cause except the imposition of new restrictions,
no refund shall be made of any part of the license fee.
A.
Licensed or permitted premises shall be operated by the licensee,
permittee, operator or manager in an orderly manner. No persons shall
cause, allow or permit any person to act disorderly, riotous, or with
indecent conduct on the licensed or permitted premises. No licensee
or permittee shall employ any underage person to work in or allow
any underage person to enter licensed or permitted premises without
fully complying with Chapter 125, Wis. Stats.
B.
No person shall operate any licensed or permitted premises for alcohol
beverage consumption in the Town of Milton without maintaining the
following:
(1)
A sign posted at each entry and exit location in letters at least
one inch in height stating "No alcohol beverages may be carried out
of this building in any open containers and no alcohol beverages shall
be consumed on the grounds of these premises out of this building."
(2)
A sign posted in at least two conspicuous public locations in the
building of the licensed or permitted premises in letters at least
one inch in height stating "No person shall be sold, provided or served
alcohol beverages in this building who is intoxicated."
A.
Any licensee violating any provision of this chapter, in addition
to other penalties, may have any alcohol beverage license or permit
issued by the Town of Milton suspended or revoked. Any person whose
license or permit has been revoked under this chapter shall not be
reissued a license or permit for a period of 12 months from the date
of revocation.
B.
The Town Board of the Town of Milton may, by order, temporarily close
any licensed or permitted premises during any civil disturbance, riot,
labor disturbance, strike or other civil emergency declared by the
Town Board of the Town of Milton.
A.
Any person not of the legal drinking age 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 obtained
the legal drinking age, possesses or consumes alcohol beverages on
licensed premises.
(3)
Enters, knowingly attempts to enter, or is on a licensed premises
unless accompanied by his or her parent, guardian or spouse who has
attained the legal drinking age for any purpose except the transaction
of business pertaining to the licensed premises with or for the licensee
or his or her employee. 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.
(4)
Falsely represents his or her age for the purpose of receiving alcohol
beverages from a licensee or permittee.
(5)
Knowingly possesses or consumes alcohol beverages unless accompanied
by his or her parent, guardian or spouse who has obtained the legal
drinking age.
B.
Any person convicted of violating any provision of Chapter 205, § 205-14, is subject to the penalties provided in Chapter 1, § 1-4, and Chapter 20, Citations, of this Code and/or suspension of the person's operating privilege as provided under Wisconsin Statutes or any combination of these penalties.
A.
Any person violating any provision of this chapter or any condition
included on a license application or on the license itself or who
provides any false or inaccurate information on a written application
shall be subject to a penalty of not more than $500, unless a greater
maximum penalty is specifically provided for in this chapter, except
that where a lower maximum penalty shall be provided by Chapter 125,
Wis. Stats., for any specific offense, such maximum penalty shall
prevail for the same offense committed in violation of this chapter.
B.
Nothing in this section shall in any way diminish the authority of
the Town Board to suspend, revoke or not renew any license issued
pursuant to this chapter for any violation of this chapter or other
Town ordinance or state law.
The following fees shall be paid in conjunction with applications
and actions under this chapter:
A.
Application fees.
(1)
Class A alcohol license: for a year ending June 30, and prorated
for a lesser period of time ending on June 30.
(2)
Class B alcohol license: for a year ending June 30, and prorated
for a lesser period of time ending on June 30.
(3)
Class A beer license: $75.
(4)
Class B beer license: $100 for a year ending June 30, and prorated
for a lesser period of time ending on June 30.
(5)
Class C license: $100 for a year ending June 30, and prorated for
a lesser period of time ending on June 30.
(6)
Temporary Class B alcohol license: $10.
(7)
Temporary Class B beer license: $10.
(8)
Operator's license: $25.
(9)
Temporary operator's license: no fee.
(10)
Provisional operator's license: $15.
(11)
Manager's license: $25.
(12)
Provisional Class A beer, Class A alcohol, Class B beer, Class
B alcohol, or Class C license: $15.
B.
Renewal fees. Renewal fees shall be the same fee as for an original
application as stated above.
C.
Publication minimum fee: $20 per license (state law requires the
publication of all alcohol beverage license applications; if publication
costs shall be more than $20, the Town Clerk notify the applicant
of any additional amount due, which shall be paid prior to the issuance
of any license).
D.
Transfer of license fee: $10 (including the transfer of a license
to a successor agent).
The provisions of this chapter are severable. If any section,
subsection, sentence, clause, phrase or portion of this chapter is
for any reason held invalid or unconstitutional, such portion shall
be deemed a separate, distinct and independent provision, and such
holding shall not effect the validity of the remaining portions thereof.
[Added 3-8-2021 by Ord. No. 2021-1]
A.
Purpose.
Wis. Stats., § 125.51(4), limits the number of retail Class
B alcohol licenses that a municipality may issue. In light of this
statutory quota, the Town desires to grant and issue Class B alcohol
retail licenses to licensees who demonstrate the continuation of a
business satisfactory to the Town. Retention of a Class B alcohol
retail license by a party not conducting business is hereby declared
to be against public policy and lacks value to the Town.
B.
Authority.
The Town Board has authority under Wis. Stats., § 125.10,
and as set forth in Wis. Stats. §§ 60.10(2)(c) and
60.22(3) to adopt this section.
C.
BUSINESS CONTINUATION
OPEN
Definitions.
Open for business and demonstrating a continuation of business in accordance with the terms of Subsection D of this section.
Conducting business publicly at least six hours per calendar
day.
D.
Standard.
It shall be a condition of maintaining and keeping a Class B alcohol
retail license in the Town that the licensee continue a business.
A licensee of a Class B alcohol retail license is not demonstrating
business continuation if any of the following is demonstrated:
(1)
The
licensed premises have not been open for business and conducting business
on the premises for activities for which the license was granted for
at least 60 consecutive days in any 180-day period.
(2)
The
licensee has voluntarily vacated the premises more than 10 days before
the hearing held under this section.
(3)
The
licensee was ordered by a court of competent jurisdiction to vacate
the premises at least 10 days before the hearing held under this section.
E.
Suspension,
revocation, nonrenewal of license.
(1)
In
the event any licensee violates this section, disciplinary action
may be taken by the Town Board, which may include, but is not limited
to, suspension, revocation, or nonrenewal of this license. Any license
that has been revoked shall not be reinstated within six months of
the date of revocation.
(2)
In
the event a disciplinary action is taken against an alcohol licensee,
the Town Board shall comply with the procedure set forth in Wis. Stats.,
§ 125.12(2).
(3)
Evidence
and testimony to be considered at the hearing shall be provided in
open session. The Town Board may go into closed session to deliberate
its decision provided proper notice has been given.
(4)
There
is no refund of a fee to the licensee for a license that is revoked.
(5)
In
lieu of a hearing, the Town Board may accept the surrender of a license
from the licensee.
F.
Exemption.
(1)
Class
B alcohol retail licenses granted by the Town Board but not yet issued
are exempt from the requirements of this section.
(2)
Class
B alcohol retail licenses granted to seasonal businesses are exempt
from the provisions of this section during their off-season months.
However, the provisions herein shall apply during the seasons the
business is open.
G.
Severability.
In the event any portion of this section is or becomes invalid or
illegal, the remaining portions shall remain in full force and effect.
