[HISTORY: Adopted by the Town Board of the Town of Algoma
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-20-1998 by Ord. No. 95]
Pursuant to § 125.06(6), Wis. Stats., the Town Board
elects to exercise the authority to sell fermented malt beverages,
including those wine coolers classified as fermented malt beverages,
at the times, places and upon the conditions set forth herein.
Sales are authorized at the Town of Algoma public park which
is operated by the Town and is determined to consist of all contiguous
Town-owned property, exclusive of road rights-of-way, located at the
northwest corner of North Oakwood Road and County Trunk Highway E,
more particularly described as follows:
That part of the South East 1/4 of the North East 1/4 of Section
Twenty (20) Township Eighteen (18) North, of Range Sixteen (16) East,
in the Town of Algoma, Winnebago County, Wisconsin, described as follows,
viz: Commencing at the Southeast corner of said North East 1/4; thence
west, along the South line of said North East 1/4, 498.8 feet, to
the extended East line of Lullabye Road; thence north, along the extended
East line and East line of said Lullabye road, 565.0 feet, to the
South line of Manor Road; thence east, along the South line of said
Manor road, 284.0 feet, more or less, to a point that is 214.5 feet
west of the East line of said North East 1/4; thence south, parallel
with and 214.5 feet distant from the East line of said North East
1/4, 275.5 feet; thence east, parallel with the South line of said
North East 1/4, 214.5 feet, to the East line thereof, thence south,
along the East line of said North East 1/4, 289.5 feet, to the place
of beginning, excepting therefrom that portion thereof included within
the limits of County Trunk Highway "E."
Sales shall occur at such times as the Town Board may from time
to time grant a Class "B" retail license for the sale of fermented
malt beverages at a gathering or picnic.[2]
[Adopted 8-18-2004 by Ord. No. 115]
This article is intended to adopt Chapter 125, Wisconsin Statutes,
with certain exceptions. Its purpose is also to establish additional
procedures, rules and regulations in the Town of Algoma for the sale
of alcohol beverages and wine with 1/2 of 1% of alcohol by volume
or more. This article is intended to be in compliance with Chapter
125, Wisconsin Statutes.
The provisions of Chapter 125, Wisconsin Statutes, and any amendatory
provisions thereto, relating to intoxicating liquor and fermented
malt beverages, exclusive of any provisions thereof relating to the
penalty to be imposed or the punishment for violation of statutes,
are hereby adopted and made a part of this article by reference. The
penalty for violation of any provision of this article is set forth
below.
The provisions of this article shall be enforced by the Town
Clerk, the Town Board, or the Winnebago County Sheriff's Department.
The definitions of terms as set forth in Chapter 125, Wisconsin
Statues, and elsewhere in said statutes shall apply to this article.
A.
Retailers of alcohol beverages in the Town of Algoma shall seek and
obtain the following applicable licenses or permits from the Town
of Algoma, namely:
(1)
Class "A" fermented malt beverage retailer license (packaged beer).
(2)
Class "B" fermented malt beverage retailer license (beer).
(3)
"Class A" intoxicating liquor (packaged liquor).
(4)
"Class B" intoxicating liquor (liquor).
(5)
"Class C" wine retailer license (wine).
(6)
Temporary Class "B" fermented malt beverage, picnic license (picnic
beer license).
(7)
Temporary "Class B" wine, picnic license (picnic wine license).
(8)
Provisional operator's license (sixty-day bartender license).
(10)
Reserve "Class B" intoxicating liquor license.
(11)
Provisional retail license for Class "A", Class "B", "Class
A", "Class B" and "Class C".
B.
The fees for such licenses or permits shall be established from time
to time by the Town Board of the Town of Algoma. The license year
or permit year shall be from July 1 of one year through June 30 of
the next year. No license shall be delivered to an applicant until
he has a receipt showing payment of the license fee.[2]
[Amended 1-18-2012 by Ord. No. 144[1]]
Fees are set by the Town Board.
[Added 1-18-2012 by Ord.
No. 144]
A.
Class A beer/liquor license restriction on dispensing.
(1)
Class "A" premises may remain open for the conduct of their regular
business but may not sell, dispense or give away fermented malt beverages
between 12:00 midnight and 6:00 a.m. [§ 125.32(3)(b), Wis.
Stats.; 2011 Wis. Act 97]
(2)
No premises for which a "Class A" license or permit has been issued
may remain open for the sale of intoxicating liquor between the hours
of 9:00 p.m. and 6:00 a.m. [§ 125.68(4)(b), Wis. Stats.;
2011 Wis. Act 97]
B.
Class B beer/liquor license restriction on dispensing.
(1)
No premises for which a Class "B" license or permit is issued may
remain open between the hours of 2:00 a.m. and 6:00 a.m., except as
provided in this subsection and § 125.32(3)(c), Wis. Stats.
On Saturday and Sunday, the closing hours shall be between 2:30 a.m.
and 6:00 a.m., except that, on the Sunday that daylight saving time
begins as specified in § 175.095(2), Wis. Stats., the closing
hours shall be between 3:30 a.m. and 6:00 a.m. On January 1 premises
operating under a Class "B" license or permit are not required to
close. [§ 125.32(3)(a), Wis. Stats.]
(2)
Between 12:00 midnight and 6:00 a.m. no person may sell, dispense
or give away fermented malt beverages or intoxicating liquor on a
Class "B" or "Class B" licensed premises in an original unopened package,
container or bottle or for consumption away from the premises. [§§ 125.32(3)(am)
and 125.68(4)(c)3, Wis. Stats.][1]
Licenses shall be issued pursuant to § 125.17, Wis.
Stats. Applicants shall also be required to do the following:
A.
Complete application form provided by the Town of Algoma.
B.
New bartenders shall appear before the Town of Algoma Board when
applying the first time.
C.
The Town Clerk may issue a provisional operator's license to a person
who has applied for an operator's license under this section and who
is enrolled in a training course and has not previously been denied
such a license by the Town Board. A provisional license shall be issued
to a person who pays the applicable fee and files a certified copy
of a valid operator's license issued by another municipality. A provisional
license expires 60 days after its issuance or when an operator's license
under this section is issued to the holder, whichever is sooner. If
issued on the basis of a license issued by another municipality, it
shall expire upon the expiration of the license issued by the other
municipality. The Town Clerk who issues such a provisional license
may revoke the license if he or she discovers that the holder of the
license made a false statement on the application or upon denial of
the application for an operator's license. If issued on the basis
of a license issued by another municipality, it may be revoked if
the Clerk determines that the license issued by the other municipality
is not valid.
D.
The Town Clerk shall have a record check performed on each applicant.
Information shall specifically be requested through the Winnebago
County Sheriff's Department, any other municipality in which the applicant
resides, has resided or has been licensed, and any other sources the
Clerk deems appropriate.[1]
Pursuant to §§ 125.26(6) and 125.51(10), Wis.
Stats., the Town Board of the Town of Algoma hereby authorizes the
Town Clerk of the Town of Algoma to issue temporary Class "B" beer
licenses and temporary "Class B" wine licenses. The Town Clerk's authority
to issue these licenses without Town Board action is to be effective
only when the license application is received within 24 hours of a
scheduled Board meeting, or at a time following such a meeting when
it requests a license for a time period prior to the next regularly
scheduled Board meeting. The Clerk is hereby authorized to approve
and issue such a license without Town Board approval provided the
following conditions are met:
A.
The applicant has not held a suspended license or had a revocation
of license within the year prior to application.
B.
There is no history of criminal convictions, to the Clerk's knowledge.
(The Clerk is authorized to clarify this information.)
C.
The application has been completed to the Clerk's satisfaction.
D.
The Town Chair is notified by the Clerk, either orally or in writing,
and expresses no objection within 24 hours of notice, mailing and
transmission.
E.
The license fee established by the Town Board has been paid.
A.
The Town Clerk shall issue a provisional retail license as set forth
in § 125.185, Wis. Stats., to a person who has applied for
a Class "A", Class "B", "Class A", "Class B" or "Class C" license.
The provisional retail license expires 60 days after its issuance
or when the Class "A", Class "B", "Class A", "Class B" or "Class C"
license is issued to the holder, whichever is sooner. The following
requirements shall be met before the provisional retail license is
issued:
(1)
Applicant shall file a complete application form provided by the
Town of Algoma, including auxiliary questionnaire.
(2)
The Town Clerk is unaware of the applicant ever being convicted of
any felony or misdemeanor (other than traffic unrelated to alcohol
beverages) or violation of any federal or Wisconsin law or municipal
ordinance or that charges are currently pending against the applicant
for violation of the same.
(3)
The Town Clerk is unaware of any basis upon which he or she would
reasonably believe that the retail license application would be denied
to the individual applicant for use on the intended premises in its
present condition.
(4)
The applicant or the applicant's agent shows satisfactory evidence
that he or she is enrolled in a responsible beverage server training
course or that requirements for such training have already been fulfilled.
(5)
The Town's quota under § 125.51(4), Wis. Stats., does not
prohibit the Town from issuing a "Class B" license.
(6)
The applicant has not held another provisional retail license for
the type being applied for within the current license year.
(7)
The Town Chair has filed a written recommendation with the Town Clerk
that the license be issued.
B.
The Town Clerk may revoke the license if he or she discovers that
the holder of the license made any false statements on the application.
C.
A licensed bartender shall be on the premises at all times it is
being operated under a provisional license unless the licensee or
agent has successfully completed a responsible beverage server training
course and is present.
A.
No person shall be issued or reissued any alcohol beverage license
in the Town of Algoma until all delinquent personal property taxes,
assessments and forfeitures resulting from ordinance violations are
paid to the Town Treasurer, including delinquent personal property
tax.
B.
No person shall be issued or reissued a Class "B" beer or "Class
B" intoxicating liquor license in the Town of Algoma who does not,
at the time of application, have a building on the premises, if any,
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 Winnebago
and Town of Algoma 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 damaged
or destroyed so that it does not qualify as a licensable premises
or if the license holder loses the premises for any reason, the license
or permit issued by the Town of Algoma shall remain valid until expiration
of the license term.
C.
An applicant may be granted a license to be issued at a later date
when he has obtained, constructed, altered or repaired a premises
and building on the premises so that it complies with all applicable
laws, rules and regulations. The Town Board shall set a reasonable
time after granting of the renewal license within which the applicant
must accomplish this. Otherwise, such failure to obtain, alter, construct
or repair such a premises shall be grounds for revocation or nonrenewal
of the license or permit. In setting the period of time, the Town
Board shall consider all relevant factors and shall set a time period
not exceeding two years. Before granting such renewal, the Town Board
must receive from the applicant a signed sworn statement that he or
she intends to obtain a premises and construct, alter or repair a
building for retail alcohol beverage sales. The license shall be granted
upon condition that the applicant will construct or obtain a completed
building meeting the State of Wisconsin and Town of Algoma laws, regulations
and ordinances within a time period established by the Town Board.
The applicant shall enter into an agreement with the Town that if
such condition is not met, the license will be invalid and the applicant
will need to reapply for a license. Failure to comply with the provisions
of this subsection shall be grounds for revocation under § 125.12,
Wis. Stats.
D.
As a minimum requirement, each holder of a Class "A", "Class A" or
Class "B" liquor and fermented malt beverage license that is issued
shall place the same in active use for a period of not less than six
consecutive days during the months of January through June and for
a like period during the months of July through December. Active use
requires that the premises is open for retail sales to the public
no less than seven hours per day.
B.
Any person who violates any other provisions of this article for
which there is a counterpart in Chapter 125, Wisconsin Statutes, shall,
upon conviction thereof, be subject to a forfeiture, including alternative
penalty on default of payment, equal to the fine and default of payment
provisions set forth in said Chapter 125.
C.
Any person who violates any other provision of this article for which
a specific penalty is not provided shall, upon conviction, forfeit
not less than $50 nor more than $1,000.
D.
In addition to the penalties herein provided, any license issued
under this article held by a person convicted of violating the provisions
of this article shall be subject to revocation by a court of record.
Further, any license issued under this article held by a person convicted
of violating the provisions of this article shall be subject to suspension
or revocation by the Algoma Town Board.
E.
In addition to the penalties herein provided, a person convicted
of violating the provisions of this article shall be subject to suspension
or revocation by a court of record of his or her operating privileges
as provided within Chapter 343, Wisconsin Statutes.
