[HISTORY: Adopted by the Town Board of the Town of Vinland
as Title 7, Ch. 2, of the 2004 Code. Amendments noted where applicable.]
The provisions of Chapter 125 of the Wisconsin Statutes, relating
to the sale of intoxicating liquor and fermented malt beverages, except
provisions therein relating to penalties to be imposed, are hereby
adopted by reference and made a part of this chapter as it 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 chapter. Any future amendment, revisions or modifications
of the statutes incorporated herein are intended to be made a part
of this chapter in order to secure uniform statewide regulation of
alcohol beverage control.
As used in this chapter, the terms "alcohol beverages," "intoxicating
liquors," "principal business," "legal drinking age," "premises,"
"sell," "sold," "sale," "restaurant," "club," "retailer," "person,"
"fermented malt beverages," "wholesaler" and "operators" shall have
the meanings given them by Ch. 125, Wis. Stats. The term "nonintoxicating
beverages" shall have the definition given in § 66.0433,
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 chapter without complying with all the
provisions of this chapter, and all statutes and regulations applicable
thereto, except as provided by §§ 126.25, 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 Town Clerk under the
authority of the Town Board, shall permit its holder to sell, deal
and traffic in intoxicating liquors only in original packages or containers
and to be consumed off the premises so licensed.
B.
Retail "Class B" intoxicating liquor license. A retail "Class B"
intoxicating liquor license, when issued by the Town Clerk under authority
of the Town Board, shall permit its holder to sell, deal and traffic
in intoxicating liquors to be consumed by the glass only on the premises
so licensed and in the original package or container in multiples
not to exceed four liters at any one time to be consumed off the premises,
except that wine may be sold in the original package or otherwise
in any other quantity to be consumed off the premises.
C.
Reserve "Class B" licenses. A reserve "Class B" license means a license
that is not granted or issued by the Town on December 1, 1997, and
that is counted under § 125.51(4)(br), Wis. Stats., which
if granted or issued authorizes the sale of intoxicating liquor to
be consumed by the glass only on the premises where sold and also
authorizes the sale of intoxicating liquor in the original package
or container in multiples not to exceed four liters at any one time
to be consumed off premises, except that wine may be sold in the original
package or otherwise in any other quantity to be consumed off the
premises.
D.
Class "A" fermented malt beverage retailer's license. A Class "A"
fermented malt beverage retailer's license, when issued by the Town
Clerk under the authority of the Town Board, shall entitle the holder
thereof to possess, sell or offer for sale fermented malt beverages
only for consumption away from the premises where sold and in the
original packages, containers or bottles. Such licenses may be issued
after July 1. The license shall expire on the following June 30.
E.
Class "B" fermented malt beverage retailer's license.
(1)
License. A Class "B" fermented malt beverage retailer's license,
when issued by the Town Clerk under the authority of the Town Board,
shall entitle the holder thereof to possess, sell or offer for sale
fermented malt beverage, 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 may
be issued after July 1. 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 chapter. Except as provided in § 125.295,
Wis. Stats., Class "B" licenses may not be issued to brewers or brewpubs.
A Class "B" license may not be issued to a person holding a wholesaler's
permit issued under § 125.28 or to a person who has a direct
or indirect ownership interest in a premises operating under a wholesaler's
permit issued under § 125.28, Wis. Stats.[1]
F.
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. A license issued to a county or district fair
licenses the entire fairgrounds where the fair is being conducted
and all persons engaging in retail sales of fermented malt beverages
from leased stands on the fairgrounds. The county or district fair
to which the license is issued may lease stands on the fairgrounds
to persons who may engage in retail sales of fermented malt beverages
from the stands while the fair is being held. Such license is valid
for dates as approved by the Town Board.
(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 Town Clerk together with
the appropriate license fee for each day 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
$1,000 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 Town Board 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 Town park, the applicant
shall specify the main point-of-sale facility.[2]
G.
Temporary "Class B" wine license.[3]
(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 containing not more than 6% alcohol by volume 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. A 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. A license issued to a county or district
fair licenses the entire fairgrounds where the fair is being conducted
and all persons engaging in retail sales of wine from leased stands
on the fairgrounds. The county or district fair to which the license
is issued may lease stands on the fairgrounds to persons who may engage
in retail sales of wine containing not more than 6% alcohol by volume
from the stands while the fair is being held.
(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 Town Clerk together with
the appropriate license fee for each day for which the license is
being sought. Any person fronting for any group other than the one
applied for shall, upon conviction thereof, be subject to a forfeiture
of $1,000 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 Town Board 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 Town park, the
applicant shall specify the main point-of-sale facility.[4]
H.
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, if the municipality's quota prohibits the municipality
from issuing a "Class B" license to that person. A "Class C" license
may not be issued to a foreign corporation or a person acting as agent
for or in the employ of another.
(4)
A "Class C" license shall particularly describe the premises for
which it is issued.
There shall be the following classes of license which, when issued by the Town Clerk under the authority of the Town Board after payment of the license fee and publication costs hereinafter specified, shall permit the holder to sell, deal or traffic in intoxicating liquors or fermented malt beverages as provided in § 257-4 of this chapter and Ch. 125, Wis. Stats.:
A.
Class "A" fermented malt beverage retailer's license. The annual
fee for this license shall be in accordance with the Town Board's
current fee schedule. The fee for a license for less than 12 months
shall be prorated according to the number of months or fractions thereof
for which the license is issued.
B.
Class "B" fermented malt beverage license.
(1)
The annual fee for this license shall be in accordance with the Town
Board's current fee schedule. This license may be issued at any time
for six months in any calendar year, for which 50% of the applicable
license fee shall be paid, but such license shall not be renewable
during the calendar year in which issued. The fee for a license for
less than 12 months shall be prorated according to the number of months
or fraction thereof for which the license is issued.
(2)
A Class "B" fermented malt beverage license may also be issued to
bona fide clubs, 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 and at a meeting of the
post. The fee for the license shall be as prescribed by the Town's
Fee Schedule.
C.
Temporary Class "B" fermented malt beverage license. The fee for
this license shall be per event in accordance with the Town Board's
current fee schedule.
D.
Temporary "Class B" wine license. The fee for this license shall
be per event in accordance with the Town Board's current fee schedule.
However, there shall be no fee if the temporary wine license is obtained
along with a temporary fermented malt beverage license.[1]
E.
"Class A" intoxicating liquor retailer's license. The annual fee
for this license shall be in accordance with the Town Board's current
fee schedule.
F.
"Class B" intoxicating liquor retailer's license. The annual fee
for this license shall be in accordance with the Town Board's current
fee schedule. This license may be issued at any time for six months
in any calendar year, for which 50% of the applicable license fee
shall be paid, but such license shall not be renewable during the
calendar year in which issued.
A.
Contents. Application for 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 Town Clerk 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 of a corporation.
C.
Publication. The Town Clerk shall publish each application for a
Class "A," Class "B," "Class A" or "Class B" or "Class C" license.
There is no publication requirement for temporary Class "B" picnic
beer license 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 Town 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 license, 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. Retail intoxicating liquor licenses issued by the
Town Board shall be limited in number to the quota prescribed by state
law.
A.
Residence requirements. A retail Class "A" or Class "B" fermented
malt beverage or "Class A," "Class B" or "Class B" reserve intoxicating
liquor license shall be granted only to persons or their agents who
are citizens of the United States and who have been residents of the
State of Wisconsin and Winnebago County 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.
Licenses related to alcohol beverages shall only be granted to persons
who have attained the legal drinking age, except that an operator's
license may be issued to a person 18 years of age or older pursuant
to §§ 125.04(5)(d)2 and 125.17, Wis. Stats.[1]
E.
Corporate restrictions.
(1)
No license or permit may be issued to any corporation unless the
corporation meets the qualifications under § 125.04(5)(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(5)(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(5)(a)2, Wis. Stats. The requirement that the corporation
meet the qualifications under § 125.04(5)(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]
(2)
Each corporate applicant shall file with its application for such
license a statement by its officers showing the names and addresses
of the persons who are stockholders, together with the amount of stock
held by such person or persons. It shall be the duty of each corporate
applicant and licensee to file with the Town Clerk 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 chapter or under the state law.
F.
State tax qualifications. 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.
Separate license required for each place of sale. A separate license
shall be required for each stand, place, room or enclosure or for
each suite of rooms or enclosures which are in direct connection or
communication where intoxicating liquor or fermented malt beverages
are kept, sold or offered for sale; and no license shall be issued
to any person, firm, partnership, corporation or association for the
purpose of possession, selling or offering sale any intoxicating liquors
or fermented malt beverages in any dwelling house, flat or residential
apartment.
H.
Residential areas. No Class "B" fermented malt beverage license may
be issued for any premises where 40% or more of the property fronting
on both sides of the same street in the same block whereon the premises
is located is used for residence purposes if a written objection is
filed with the Town Clerk signed by owners of more than 80% of such
residence property.
I.
Off-street parking facilities. No "Class B" intoxicating liquor license
shall be issued for any premises unless said premises provides off-street
parking stalls equal in number to 50% of the number of patrons which
said premises may lawfully accommodate. This restriction shall not
apply in the case of renewal licenses issued for premises licensed
as of the date of the enactment of this subsection.
J.
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.
K.
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 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 4th 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 Town Clerk shall notify appropriate law enforcement authorities,
the Fire Inspector 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 proper recipient of a license. A records
check may also be requested from the Sheriff's Department. These officials
shall furnish to the Town Clerk, in writing, who shall forward to
the Town Board, the information derived from such investigation, accompanied
by a recommendation as to whether a license should be granted or refused.
A.
No license shall be granted for operation on any premises or with
any equipment for which taxes, assessments, forfeitures or other financial
claims of the Town are delinquent and unpaid.
B.
No license shall be issued unless the premises conforms to the sanitary,
safety and health requirements of the State Building Code and the
regulations of the State Department of Health Services and Winnebago
County 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 Town.[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 Town Board, the Town Board 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 Board, 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.
In the event the application is for a "Class A" or a "Class B" intoxicating
liquor license at a site not previously licensed under this chapter,
the Town Clerk shall schedule public hearings before the Town Board
on the granting of the licenses and shall notify all property owners
situated in the block of the site for which the license is sought
and all property owners within a radius of 300 feet of the proposed
site of the dates of the hearings. The notice shall be given at least
10 days before the hearing and may be given by mail.
B.
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 Town Board, the Town Clerk shall issue to
the applicant a license, upon payment by the applicant of the license
fee to the Town. The license fee shall be charged for the whole or
fraction of any year.[1]
C.
If the Town Board denies the license, the applicant shall be notified
in writing, by registered mail or personal service, of the reasons
for the denial. The notice shall also inform the applicant of the
opportunity to appear before the Town Board 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 Town Board consents to the request. Such written
notice shall be mailed or served upon the applicant at least 10 days
prior to the Town Board 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 Town Board. An application
for transfer shall be made on a form furnished by the Town Clerk.
Proceedings for such transfer shall be had in the same form and manner
as the original application. The fee for such transfer shall be as
prescribed in § 125.04(12), Wis. Stats. Whenever a license is
transferred, the Town Clerk 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 Town for reissuance of said
license, and the Town, as the licensing authority, shall in no way
be bound to reissue said license to said subsequent purchaser.[1]
B.
Whenever the agent of a corporate holder of a license is for any
reason replaced, the licensee shall give the Town Clerk written notice
of said replacement, the reasons therefor and the new appointment.
Until the next regular meeting or special meeting of the Town Board,
the successor agent shall have the authority to perform the functions
and be charged with the duties of the original agent. However, said
license shall cease to be in effect upon receipt by the Town Clerk
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 Town Board until the successor agent or another qualified agent
is appointed and approved by the Town.
C.
Separate license required for each place of sale. A separate license
is required for each stand, place, room or enclosure or for each suite
of rooms or enclosures which are in a direct connection or communication
where intoxicating liquor or fermented malt beverages are kept, sold
or offered for sale; and no license shall be issued to any person,
firm, partnership, corporation or association for the purpose of possession,
selling or offering for sale any intoxicating liquors or fermented
malt beverages in any dwelling house, flat or residential apartment.
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 chapter
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 regulation of the Town 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 Town 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 Town ordinances or state laws,
and consents to the introduction of such things and articles in evidence
in any prosecution that may be brought for such offenses.
B.
Employment of minors. No retail "Class B" or Class "B" licenses shall
employ any underage persons, as defined in the Wisconsin Statutes,
but this shall not apply to hotels and restaurants. This subsection
shall not apply to a person who has an operator's license or who is
at least 18 years of age and is under supervision as provided in §§
125.32(2) and 125.68(2), Wis. Stats.[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" or 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 in any place operated under a "Class B," Class "B"
or "Class C" license, unless he/she 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 or "Class C" licenses issued under
this chapter. No "Class B" or "Class C" license shall be issued unless
the premises to be licensed conform to such rules and regulations.
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.
G.
Clubs. No club shall sell or give away any intoxicating liquors except
to bona fide members and guests invited by members.
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 chapter or the laws of the State
of Wisconsin.
I.
Credit prohibited. No retail Class "A," Class "B," "Class A" or "Class
B" liquor or fermented malt beverage or "Class C" wine license 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, ware, merchandise
or other articles in exchange for alcohol beverages.
J.
Licensee or permittee responsible for acts of help. A violation of
this chapter by a duly authorized agent or employee of a licensee
or permittee under this chapter shall constitute a violation by the
licensee or permittee. Whenever any licensee or permittee under this
chapter shall violate any portion of this chapter, proceedings for
the suspension or revocation of the license or permit of the holder
thereof may be instituted in the manner prescribed in this chapter.
K.
Improper exhibitions. It shall be unlawful for any person to perform
or for any licensee or manager or agent of the licensee to permit
any employee, entertainer or patron to engage in any live act, demonstration,
dance or exhibition on the licensed premises, which:
(1)
Exposes his or her genitals, pubic hair, buttocks, perineum, anal
region or pubic hair region; 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 female breast at or below the areola thereof;
or
(4)
Engages in or simulates sexual intercourse and/or any sexual contact,
including the touching of any portion of the female breast or the
male and/or female genitals.
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" licenses.
(1)
No premises for which a retail "Class B" liquor or Class "B" fermented
malt beverage license 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. No person shall sell, remove, carry out or permit
to be removed or carried out from any premises having a Class "A"
beer license between the hours of midnight to 8:00 a.m.. "Class A"
liquor license between the hours of 9:00 p.m. to 8:00 a.m. Class "B"
beer license between the hours of midnight to 6:00 a.m. "Class B"
liquor license between the hours of midnight to 6:00 a.m.
It shall be unlawful for any person or organization on a temporary
basis to sell or offer to sell any alcohol beverage upon any Town-owned
property or privately-owned property within the Town of Vinland, except
through the issuance of a temporary Class "B" fermented malt beverage
license or temporary "Class B" wine license issued by the Town Board
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 Town-owned property or privately-owned property may
be authorized by the Town Board, 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. 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 responsibility of the bartenders and organization
will be.[1]
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 Town Board 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 only be one point of ingress and egress.
When required, the double fence shall be a minimum of four feet high
with 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. This subsection
shall not apply to a person who has an operator's license or who is
at least 18 years of age and is under supervision as provided in §§
125.32(2) and 125.68(2), Wis. Stats.[2]
E.
Licensed operator requirement. A licensed operator shall be stationed
at all points of sale at all times.
F.
Waiver. The Town Board 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
Town and its employees and agents harmless against all claims, liability,
loss, damage or expense incurred by the Town 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 Town of Vinland. The applicant
may be required to furnish a performance bond prior to being granted
the license.[3]
A.
Procedure.
(1)
The Town of Vinland shall follow the procedure outlined in § 125.12,
Wis. Stats., when taking suspension/revocation action against any
alcohol beverage license issued by the Town Board.
(2)
If the action is initiated by a citizen or a Board member, the Town
Board may take immediate action and, upon notice, hold a hearing under
§ 125.12, Wis. Stats.
(3)
If the action is resulting from the arrest of a license holder or
agent thereof, upon conviction in Circuit Court, the Town Board shall
hold a hearing under § 125.12, Wis. Stats., for all second
and subsequent convictions.
B.
Violations; point system.
(1)
Purpose. The purpose of this subsection is to administratively interpret
those portions of the Town ordinances relating to alcohol beverage
violations and to establish a system for suspension and revocation.
(2)
Point schedule. The scheme of demerit points is listed according
to the type of alcohol beverage violation. This demerit point system
is used to identify habitually troublesome license holders who have
repeatedly violated state statutes and this chapter for the purpose
of recommending suspension or revocation of their alcohol beverage
license:
|
Type of Violation
|
Demerit Points
| |
|---|---|---|
|
Traffic to underage person
|
80
| |
|
Traffic to intoxicated person
|
50
| |
|
Underage person on premises
|
50
| |
|
Failure to be licensed
|
100
| |
|
False statement on application
|
50
| |
|
Transfer of license without permission, including operating
on another's license
|
90
| |
|
Conducting unlawful business
|
40
| |
|
Unlicensed bartender
|
40
| |
|
Open after hours
|
40
| |
|
Carry-out after hours
|
25
| |
|
Gambling
|
50
| |
|
Adult entertainment without permit
|
50
| |
|
Nude or seminude entertainer employee visible outside
|
50
| |
|
Nude or seminude entertainer employer visible inside
|
100
| |
|
Failure to display permit
|
25
| |
|
Owner selling controlled substances
|
130
| |
|
Bartender selling controlled substances
|
130
| |
|
Failure to continue residence or ownership status during the
license year
|
75
|
(3)
Violations, how calculated. In determining the accumulative demerit
points against a licensee within 18 months, the Town of Vinland shall
use the date each violation was committed as the basis for a determination
if there has been a conviction.
(4)
Suspension and revocation of license. If the demerit point accumulation,
from the date of violation which results in a conviction, meets or
exceeds 75 points in a twelve-month period, the Town of Vinland Town
Board shall hold a hearing which shall operate as a warning. Should
such accumulation of points exceed 125 points within a twelve-month
period, the suspension shall be for a period of not less than three
days nor more than 90 days. If the license from the date of violation,
if convicted, exceeds 150 points in an eighteen-month period, the
penalty shall be revocation.
C.
Continuing business license requirements.
(1)
It shall be a condition of maintaining and keeping a license in the
Town of Vinland that the licensee continue in business. Issuance of
or retention of a license by a party not doing business or intending
to resume doing business under conditions of this chapter, as defined
as follows, is declared to be against public policy and thus lacking
in usefulness.[1]
(2)
Any license issued pursuant to this chapter shall be subject to such
further regulations and restrictions as may be imposed by the Vinland
Town Board by amendments or by the enactment of new ordinances. If
any licensee shall fail or neglect to meet the requirements imposed
by such law restriction and regulations, his/her license may be revoked
in accordance with this chapter. In the event of revocation of any
license or any violations of any provisions of this chapter, or by
the court for any reasonable cause except the imposition of new restrictions,
no refund shall be made of any part of the license fee.
(3)
"Business continuation" under a license is hereby defined to be 150
days per year.
(4)
Holders of such licenses are required to possess the following: A
premises (facility) from which to conduct business, sanitary permit,
building permits, conditional use permits (CUPs) when required in
accordance with the Winnebago County Shoreland Protection Ordinance
or the Town Zoning Code. Further, holders of such licenses must possess
necessary federal ID numbers, State of Wisconsin sales tax numbers,
and shall meet and continue to meet on an ongoing basis all other
state and federal requirements. Approval by the Town of Vinland Board
must also be obtained.
(5)
Exceptions to these requirements to continue to possess a necessary
license would be any act of God which may damage or destroy the facility
for which the license has been issued to operate the business from.
In such cases, the holder of the license will be allowed a maximum
of two years to repair damages or rebuild the damaged or destroyed
facility and again resume operating the business from the premises
for which the license issued was intended. The holder of a license
of a damaged or destroyed business shall also be required to meet
with the licensing board (Town Board) at the Board's discretion to
discuss the situation and progress. Again, the licensing board reserves
the right to revoke such license, if in its opinion progress toward
repair or rebuilding is not progressing in a timely manner. In such
cases, the holder of the license has the express right to request
a hearing and any other appeal avenues which may be available to the
license holder.
(6)
In the event any licensed party violates this chapter, disciplinary
action may be taken by the Town Board, including reprimand, suspension
of the license for a specified number of days (maximum of 90 days),
or revocation of the license. Any license that has been revoked shall
not be reinstated within the following six months. Any disciplinary
action taken shall follow notice to the licensee prior to a hearing.
Both the hearing notice, which will specify the reason for the hearing,
and the subsequent decision of the Board will be sent by first class
mail to the last known address of the licensee or personally served,
at the option of the Vinland Town Board Chairperson.
(7)
In the event disciplinary action is taken against a licensee, the
state procedure mandated under present § 125.12, Wis. Stats.,
or its successor, will be followed. At present, said procedure requires
personal service of the hearing notice (summons and complaint) and
a hearing within three to 10 days thereafter.
(8)
As specified by law, there shall be no refund of any license fee
paid to a party whose license is revoked.
(9)
In lieu of a hearing, the Town Board may accept surrender of the
license, and the Town Board shall then determine the time period before
another application for the same type of license will be accepted
from the former licensee.
(10)
Evidence and testimony at the hearing shall be done in open
session. Pursuant to § 19.85(1)(a), Wis. Stats., the Board
may go into closed session to deliberate with regard to its decision,
where the possibility and option have been properly and legally listed
on the hearing notice posted and/or published. The Town Clerk shall
see that the hearing notice is posted and/or published in format acceptable
to the Town Chairperson.
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.
That license or agent of a corporate licensee shall notify the Town
Clerk 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 Town Clerk during normal working hours. Regardless
of the date given, all notices shall expire and be deemed cancelled
no later than the date of expiration or revocation of the applicable
retail Class "B" or "Class B" license.[1]
B.
During the period of any nonalcohol event, a notice card prescribed
by the Town 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
Town to a requesting licensee.
C.
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.
Authority.
(1)
The Town Board of the Town of Vinland has explicit authority under
§ 125.10(1), Wis. Stats., to adopt regulations governing
the sale of alcohol beverages which are in addition to those set forth
in Ch. 125, Wis. Stats.
(2)
The Town Board has authority under its general police powers set
forth in §§ 60.10(2)(c), 60.22(3) and 61.35, Wis. Stats.,
to act for the good order of the municipality and for the health,
safety and welfare of the public and may carry out its powers by regulation
and suppression.[1]
(3)
The Town Board recognizes it lacks authority to regulate obscenity
and does not intend by adopting this section to regulate obscenity;
since nudity in and of itself is not obscene, it declares its intent
to enact an ordinance addressing the secondary effects of live, totally
nude, non-obscene, erotic dancing in bars and taverns.
(4)
Bars and taverns featuring live totally nude, non-obscene, erotic
dancing have in other communities tended to further the increase of
criminal and other offensive activity, to disrupt the peace and order
of the communities, to depreciate the value of real property, to harm
the economic welfare of the communities and to negatively affect the
quality of life of the communities, and such secondary effects are
detrimental to the public health, safety and general welfare of citizens.
(5)
The Town Board recognizes the U.S. Supreme Court has held that nude
dancing is expressive conduct within the outer perimeters of the First
Amendments to the United States Constitution and, therefore, entitled
to some limited protection under the First Amendment, and the governing
body further recognizes that freedom of speech is among our most precious
and highly protected rights and wishes to act consistently with full
protection of those rights.
(6)
However, the Town Board is aware, based on the experiences of other
communities, that bars and taverns in which live, totally nude, non-obscene,
erotic dancing occurs may and do generate secondary effects which
the governing body believes are detrimental to the public health,
safety and welfare of the citizens of the Town of Vinland.
(7)
Among these secondary effects are:
(a)
The potential increase in prostitution and other sex-related
offenses, as well as other crimes and offenses;
(b)
The potential depreciation of property values in neighborhoods
where bars and taverns featuring nude dancing exist;
(c)
Health risks associated with the spread of sexually transmitted
diseases; and
(d)
The potential for infiltration by organized crime for the purpose
of unlawful conduct.
(8)
The Town Board desires to minimize, prevent and control these adverse
effects and thereby protect the health, safety and general welfare
of the citizens of the Town of Vinland; protect the citizens from
increased crime; preserve the quality of life; preserve the property
values and character of surrounding neighborhoods; and deter the spread
of urban blight.
(9)
The Town Board has determined that enactment of an ordinance prohibiting
live, totally nude, non-obscene, erotic dancing in bars and taverns
licensed to serve alcohol beverages promotes the goal of minimizing,
preventing and controlling the negative secondary effects associated
with such activity.
B.
Nude dancing in licensed establishments prohibited. It is unlawful
for any person to perform or engage in or for any licensee or manager
or agent of the licensee to permit any person, employee, entertainer
or patron to perform or engage in any live act, demonstration, dance
or exhibition on the premises of a licensed establishment, which:
C.
Exemptions. The provisions of this section do not apply to the following
licensed establishments: theaters, performing arts centers, civic
centers and dinner theaters where live dance, ballet, music and dramatic
performances of serious artistic merit are offered on a regular basis
and in which the predominant business or attraction is not the offering
to customers of entertainment which is intended to provide sexual
stimulation or sexual gratification to such customers and where the
establishment is not distinguished by an emphasis on or the advertising
or promotion of employees engaging in nude erotic dancing.
D.
LICENSED ESTABLISHMENT
LICENSEE
Definitions. For purpose of this section, the following terms shall
have the meanings indicated:
Any establishment licensed by the Town Board of the Town
of Vinland to sell alcohol beverages pursuant to Ch. 125, Wis. Stats.
The holder of a retail "Class A," "Class B," Class "A," Class
"B" or "Class C" licensee granted by the Town Board of the Town of
Vinland pursuant to Ch. 125, Wis. Stats.[2]
E.
Penalties. Any person, partnership or corporation who violates any of the provisions of this section shall be subject to a forfeiture pursuant to § 1-4, General penalty, of this Code. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this section constitutes sufficient grounds for suspending, revoking or not renewing an alcohol beverage license under § 125.12, Wis. Stats.
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.[1]
B.
Procedure upon application.
(1)
The Town Board may issue an operator's license, which shall be granted
only upon application in writing on forms to be obtained from the
Town Clerk, only to persons 18 years of age or older. Operator's licenses
shall be operative only within the limits of the Town.
(2)
All applications are subject to an investigation by law enforcement
authorities and/or other appropriate authority to determine whether
the applicant and/or premises to be licensed complies with all regulations,
ordinances and laws applicable thereto. These authorities may 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 authorities may recommend in writing to the Town Board approval
or denial of the application. If the authorities recommend denial,
the authorities shall provide, in writing, the reasons for such recommendation.
C.
Duration. Licenses issued under the provisions of this chapter shall
be valid for a period of one year and shall expire on the 30th day
of June.
D.
Operator's license fee. The annual fee for an operator's license
or provisional license shall be in accordance with the Town Board's
current fee schedule for the term or part thereof, plus actual records
check costs.[2]
E.
Issuance or denial of operator's license.
(1)
After the Town Board approves the granting of an operator's license,
the Town Clerk 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)
Reconsideration after denial:
(a)
If the application is denied by the Town Board, the Town Clerk
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 Town Board 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 Board'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 Board again denies the application,
the Town Clerk 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 Circuit Court pursuant to § 125.12(2)(d),
Wis. Stats., for review.
(3)
Considerations.
(a)
Consideration for the granting or denial of a license will be
based on:
[1]
Arrest and conviction record of the applicant, subject to the
limitations imposed by §§ 111.321, 111.322 and 111.335,
Wis. Stats.;
[2]
The financial responsibility of the applicant;
[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.
(b)
If a licensee is convicted of an offense substantially related
to the licensed activity, the Town Board may act to revoke or suspend
the license.
(4)
An application may be denied based upon the applicant's arrest and
conviction record if the applicant has been convicted of a felony
(unless duly pardoned) or if the applicant has habitually been a law
offender. For purposes of this licensing procedure, "habitually been
a law offender" is generally considered to be an arrest or conviction
of at least two offenses which are substantially related to the licensed
activity within the five years immediately preceding the license application.
Because a license is a privilege, the issuance of which is a right
granted solely to the Town Board, the Town Board reserves the right
to consider the severity and facts and circumstances for the offense
when making the determination to grant, deny or not renew a license.
Further, the Town Board 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 Town Board 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 Town Board may issue a provisional operator's license to a person
who is enrolled in a training course under Section F(1) above and
shall revoke that license if the applicant fails successfully to complete
the course in which he or she enrolls.
G.
Display of license. Each license issued under the provisions of this
chapter shall be posted on the premises whenever the operator dispenses
beverages or shall be in his/her possession, or the licensee shall
carry a license card.
H.
Revocation of operator's license. Violation of any of the terms or
provisions of the state law or of this chapter relating to operator's
licenses by any person holding such operator's license shall be cause
for revocation of the license.
I.
Provisional
operator's license.
[Adopted 11-9-2015]
(1)
Purpose. This subsection allows for issuance of a provisional operator's
license to those applying for a regular operator's license for
the service or sale of alcoholic beverages. A provisional operator's
license may only be issued to:
(a)
Those persons that have not completed a responsible beverage
service course. At the time of application, the applicant for a provisional
operator's license must present proof that the applicant is enrolled
in a training course under § 125.17(6), Wis. Stats.
(b)
Those persons who, at the time of application and payment for
an operator's license, present a certified copy of a valid operator's
license issued by another Wisconsin municipality.
(c)
Those persons who, at the time of application and payment for
an operator's license, meet the requisite training requirement
and wish to commence work as an operator before the Board will be
able to meet to decide their application.
(2)
Eligibility. Each applicant must be at least 18 years of age and
have completed an application form supplied by the Town Clerk. All
arrests and convictions of the applicant shall be disclosed on the
application or an attached sheet.
(3)
Term. The provisional operator's license shall be effective
for 60 days from the date of issue or until a regular operator's
license is issued, whichever is sooner.
(4)
Issuance. Upon written application for an operator's license,
the Clerk shall conduct a record check for past crimes or arrests.
The Town Board shall review the issuance of any such provisional operator's
license at the next regularly scheduled Town Board meeting, reserving
final approval authority. If the applicant has an arrest or conviction
record, the Town Board must determine whether the operator's
license will be issued.
(5)
Fees. The fee for a provisional operator's license is as shown
in the Town of Vinland Fee Schedule [not to exceed $15 pursuant to
§ 125.17(5)(c), Wis. Stats.].
(6)
Revocation.
(a)
The Clerk may revoke a provisional operator's license,
if:
[1]
He or she discovers that the holder of the license made a false
statement on the application for the license;
[2]
He or she discovers that the operator's license issued by the
other Wisconsin municipality is not valid; or
[3]
The Town Board denies the person's application for a regular
operator's license.
(b)
Upon making the decision to revoke, the Clerk shall mail or
have a written notice delivered to the license holder, notifying the
person of the action taken, the reason(s) for such action, and the
right to have a license review hearing before the Town Board upon
the applicant's request. When a request for a hearing is made,
the Board shall follow the general procedures as set forth in § 125.12,
Wis. Stats., although no complaint is required. The Clerk shall notify
the licensee of the Board time scheduled for hearing the matter by
mail or hand delivery. Any mail notice in this subsection is sufficient
if mailed via first class mail to the last known address of the licensee,
in an envelope containing the return address of the Town Clerk. No
request for a license review hearing is valid when received past the
final day the provisional operator's license would have been
effective.
A.
Forfeitures for violation of §§ 125.07(1) to (4) and 125.09(2), Wis. Stats., adopted by reference in § 257-1 of this chapter, shall conform to the forfeiture penalty permitted to be imposed for violation of the comparable state statute, including any variations or increases for subsequent offenses.
B.
Any person who shall violate any provision of this chapter of the Code of the Town of Vinland, except as otherwise provided in Subsection A 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, the general penalty section of this Code of the Town of Vinland.
C.
Nothing herein shall preclude or affect the power of the sentencing
court to exercise additional authorities granted by the Wisconsin
Statutes.
