[HISTORY: Adopted by the Village Board of Trustees of the
Village of Spencer as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-4-1993 (Title
7, Ch. 2, of the 1993 Code of Ordinances), as amended through 2-17-2015]
The provisions of Ch. 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 article as if fully set
forth herein. Any act required to be performed or prohibited by any
statute incorporated herein by reference is required or prohibited
by this article. Any future amendment, revisions or modifications
of the statutes incorporated herein are intended to be made a part
of this article in order to secure uniform statewide regulation of
alcohol beverage control.
As used in this article, the terms "alcohol beverages," "intoxicating
liquors," "principal business," "legal drinking age," "premises,"
"sell," "sold," "sale," "restaurant," "club," "retailer," "person,"
"fermented malt beverages," and "wholesalers" shall have the meanings
given them by Ch 125, Wis. Stats.
No person, firm or corporation shall vend, sell, deal or traffic
in or have in his possession with intent to vend, sell, deal or traffic
in or, for the purpose of evading any law or ordinance, give away
any intoxicating liquor or fermented malt beverage in any quantity
whatever, or cause the same to be done, without having procured a
license as provided in this article nor without complying with all
the provisions of this article, and all statutes and regulations applicable
thereto, except as provided by §§ 125.26, 125.27, 125.28
and 125.51 of the Wisconsin Statutes.
A.
Retail "Class A" intoxicating liquor license. A retail "Class A"
intoxicating liquor license, when issued by the Village Administrator-Clerk/Treasurer
under the authority of the Village 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 Village Administrator-Clerk/Treasurer
under authority of the Village 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.
Class "A" fermented malt beverage retailer's license. A Class
"A" retailer's fermented malt beverage license, when issued by
the Village Administrator-Clerk/Treasurer under the authority of the
Village 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 license may be issued after July 1. The license shall
expire on the following June 30.
D.
Class "B" fermented malt beverage retailer's license.
(1)
License. A Class "B" fermented malt beverage retailer's license,
when issued by the Village Administrator-Clerk/Treasurer under the
authority of the Village Board, shall entitle the holder thereof to
possess, sell or offer for sale, fermented malt beverages, either
to be consumed upon the premises where sold or away from such premises.
The holder may also sell beverages containing less than 1/2 of a per
centum 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 article. Except as provided in § 125.295,
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.[1]
E.
Temporary Class "B" fermented malt beverage license.
(1)
License. As provided in § 125.26(1) and (6), Wis. Stats.,
temporary Class "B" fermented malt beverage licenses may be issued
to bona fide clubs, to county or local fair associations or agricultural
societies, to churches, lodges or societies that have been in existence
for at least six months before the date of application and to posts
of veterans' organizations authorizing the sale of fermented
malt beverages at a particular picnic or similar gathering, at a meeting
of the post, or during a fair conducted by the fair association or
agricultural society. 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 Village 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 Village Administrator-Clerk/Treasurer
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 $200 and will be ineligible to apply for a temporary Class "B"
license for one year. The license shall specify the hours and dates
of license validity. The application shall be filed a minimum of 15
days prior to the meeting of the Village 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 Village park,
the applicant shall specify the main point of sale facility.
F.
Temporary "Class B" wine license.
(1)
License. Notwithstanding § 125.68(3), temporary “Class
B” licenses may be issued to bona fide clubs, to county or local
fair associations or agricultural societies, to churches, lodges or
societies that have been in existence for at least six months before
the date of application and to posts of veterans' organizations authorizing
the sale of wine in an original package, container or bottle or by
the glass if the wine is dispensed directly from an original package,
container or bottle at a particular picnic or similar gathering, at
a meeting of the post, or during a fair conducted by the fair association
or agricultural society; no fee may be charged to a person who at
the same time applies for a temporary Class “B” license
under § 125.26(6) 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 from the stands
while the fair is being held. If a county or district fair leases
any stand to a winery holding a permit under § 125.53, in
addition to making retail sales of wine from the leased stand, the
winery may provide taste samples anywhere on the fairgrounds of wine
manufactured by the winery. Not more than two licenses may be issued
under this subsection to any club, county or local fair association,
agricultural association, church, lodge, society or veterans post
in any twelve-month period.[2]
(2)
Application. Application for such license shall be signed by the
President or corresponding officer of the society or association making
such application and shall be filed with the Village Administrator-Clerk/Treasurer
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 $200 and will be ineligible to apply for a temporary "Class B"
wine license for one year. The license shall specify the hours and
dates of license validity. The application shall be filed a minimum
of 15 days prior to the meeting of the Village 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 Village
park, the applicant shall specify the main point of sale facility.[3]
G.
Retail "Class C" licenses.
(1)
In this subsection "barroom" means a room that is primarily used
for the sale or consumption of alcohol beverages.
(2)
A "Class C" license authorizes the retail sale of wine by the glass
or in an opened original container for consumption on the premises
where sold.
(3)
A "Class C" license may be issued to a person qualified under § 125.04(5),
Wis. Stats., for a restaurant in which the sale of alcohol beverages
accounts for less than 50% of gross receipts and which does not have
a barroom or for a restaurant in which the sale of alcohol beverages
accounts for less than 50% of gross receipts and which has a barroom
in which wine is the only intoxicating liquor sold. A "Class C" license
may not be issued to a foreign corporation, a foreign limited liability
company or a person acting as agent for or in the employ of another.[4]
(4)
A "Class C" license shall particularly describe the premises for
which it is issued.
There shall be the following classes of licenses[2] which, when issued by the Village Administrator-Clerk/Treasurer under the authority of the Village 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 § 278-4 of this Code of Ordinances and Ch. 125, Wis. Stats. License fees shall be set from time to time by the Village Board.
A.
Contents. Application for a license to sell or deal in intoxicating
liquor or fermented malt beverages shall be made in writing on the
form prescribed by the Wisconsin Department of Revenue and shall be
sworn to by the applicant as provided by §§ 887.01
to 887.03, Wis. Stats., and shall be filed with the Village Administrator-Clerk/Treasurer
not less than 15 days prior to the granting of such license. The premises
shall be physically described to include every room and storage space
to be covered by the license, including all rooms not separated by
a solid wall or joined by connecting entrances.
B.
Corporations. Such application shall be filed and sworn to by the
applicant if an individual, and by the president and secretary of
a corporation.
C.
Publication. The Village Administrator-Clerk/Treasurer shall publish
each application for a Class "A", Class "B", "Class A", "Class B",
or "Class C" license. There is no publication requirement for temporary
Class "B" picnic beer licenses under § 125.26, Wis. Stats.,
or temporary "Class B" picnic wine licenses under § 125.51(10),
Wis. Stats. The application shall be published once in the official
Village newspaper, and the costs of publication shall be paid by the
applicant at the time the application is filed, as determined under
§ 985.08, Wis. Stats.
D.
Amending application. Whenever anything occurs to change any fact
set out in the application of any licensee, such licensee shall file
with the issuing authority a notice in writing of such change within
10 days after the occurrence thereof.
E.
License quotas. Retail intoxicating liquor and fermented malt beverage
licenses issued by the Village 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" or "Class B" intoxicating liquor license
shall be granted only to persons who are citizens of the United States
and who have been residents of the State of Wisconsin continuously
for at least 90 days prior to the date of the application.
B.
Applicant to have malt beverage license. No retail "Class B" intoxicating
liquor license shall be issued to any person who does not have or
to whom is not issued a Class "B" retailer's license to sell
fermented malt beverages.
C.
Right to premises. No applicant will be considered unless he has
the right to possession of the premises described in the application
for the license period, by lease or by deed.
E.
Corporate restrictions.
(1)
No license or permit may be issued to any corporation unless the
corporation meets the qualifications under § 125.04(a)1
and 4 and (b), Wis. Stats., unless the agent of the corporation appointed
under § 125.04(6) and the officers and directors of the
corporation meet the qualifications of § 125.04(a)1 and
3 and (b) and unless the agent of the corporation appointed under
§ 125.04(6) meets the qualification under § 125.04(a)2.
The requirement that the corporation meet the qualifications under
§ 125.04(a)1 and (b) does not apply if the corporation has
terminated its relationship with all of the individuals whose actions
directly contributed to the conviction.
(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 Village Administrator-Clerk/Treasurer
a statement of transfers of stock within 48 hours after such transfer
of stock.
(3)
Any license issued to a corporation may be revoked in the manner
and under the procedure established in § 125.12, Wis. Stats.,
when more than 50% of the stock interest, legal or beneficial, in
such corporation is held by any person or persons not eligible for
a license under this article or under the state law.
F.
Sales tax qualification. All applicants for retail licenses shall
provide proof, as required by § 77.61(11), Wis. Stats.,
that they are in good standing for sales tax purposes (i.e., hold
a seller's permit) before they may be issued a license.
G.
Connecting premises. Except in the case of hotels, no person may
hold both a "Class A" license and either a "Class B" license or permit,
a Class "B" license or permit, or a "Class C" license for the same
premises or for connecting premises. Except for hotels, if either
type of license or permit is issued for the same or connecting premises
already covered by the other type of license or permit, the license
or permit last issued is void. If both licenses or permits are issued
simultaneously, both are void.
H.
Limitations on other business; Class "B" premises. No Class "B" license
or permit may be granted for any premises where any other business
is conducted in connection with the premises, except that this restriction
does not apply if the premises for which the Class "B" license or
permit is issued is connected to premises where other business is
conducted by a secondary doorway that serves as a safety exit and
is not the primary entrance to the Class "B" premises. No other business
may be conducted on premises operating under a Class "B" license or
permit. These restrictions do not apply to any of the following:
(1)
A hotel.
(2)
A restaurant, whether or not it is a part of or located in any mercantile
establishment.
(3)
A combination grocery store and tavern.
(4)
A combination sporting goods store and tavern in towns, villages
and fourth class cities.
(5)
A combination novelty store and tavern.
(6)
A bowling alley or recreation premises.
(7)
A club, society or lodge that has been in existence for six months
or more prior to the date of filing application for the Class "B"
license or permit.
The Village Administrator-Clerk/Treasurer shall notify the Chief
of Police, 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 a proper recipient of a license. These officials
shall furnish to the Village Administrator-Clerk/Treasurer in writing,
who shall forward to the Village Board the information derived from
such investigation, accompanied by a recommendation as to whether
a license should be granted or refused. No license shall be renewed
without a reinspection of the premises and report as originally required.
A.
No license shall be granted for operation on any premises or with
any equipment for which taxes, assessments, forfeitures or other financial
claims of the Village are delinquent and unpaid.
B.
No license shall be issued unless the premises conform to the sanitary,
safety and health requirements of the State Building Code, and the
regulations of the State Department of Health Services and 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 Village.[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 Village Board, the Village 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.
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 Village Board, the Village Administrator-Clerk/Treasurer
shall issue to the applicant a license, upon payment by the applicant
of the license fee to the Village.[1]
B.
If the Village 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 Village 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 Village Board consents to the request. Such
written notice shall be mailed or served upon the applicant at least
10 days prior to the Village Board meeting at which the application
is to be reconsidered.
C.
The Village of Spencer will enforce violations to the fire codes
for businesses as reported by the fire inspector. Enforcement could
include the fines as stated in the Fire Codes or the refusal to issue
permits and licenses until the violation is corrected. After each
six-month inspection, the list of violators will be given to the Clerk.
The Village Administrator-Clerk/Treasurer will send a letter to any
violators who have three consecutive violations for the same problem.
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 Village Board. An application
for transfer shall be made on a form furnished by the Village Administrator-Clerk/Treasurer.
Proceedings for such transfer shall be had in the same form and manner
as the original application. The fee for such transfer is as set by
the Village Board. Whenever a license is transferred, the Village
Administrator-Clerk/Treasurer shall forthwith notify the Wisconsin
Department of Revenue of such transfer. In the event of the sale of
a business or business premises of the licensee, the purchaser of
such business or business premises must apply to the Village for reissuance
of said license and the Village, 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 Village Administrator-Clerk/Treasurer
written notice of said replacement, the reasons therefor and the new
appointment. Until the next regular meeting or special meeting of
the Village 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 Village Administrator-Clerk/Treasurer of notice of disapproval
of the successor agent by the Wisconsin Department of Revenue or other
peace officer of the municipality in which the license was issued.
The corporation's license shall not be in force after receipt
of such notice or after a regular or special meeting of the Village
Board until the successor agent or another qualified agent is appointed
and approved by the Village.
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. The
Village Administrator-Clerk/Treasurer shall affix to the license his
affidavit.
A.
Every person licensed in accordance with the provisions of this article
shall immediately post such license and keep the same posted while
in force in a conspicuous place in the room or place where said beverages
are drawn or removed for service or sale.
B.
It shall be unlawful for any person to post such license or to be
permitted to post it upon premises other than those mentioned in the
application or knowingly to deface or destroy such license.
All retail Class "A", Class "B", "Class A" and "Class B" licenses
granted hereunder shall be granted subject to the following conditions,
and all other conditions of this section, and subject to all other
ordinances and regulations of the Village 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 Village 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 Village 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 person, as defined in the Wisconsin Statutes,
but this shall not apply to hotels and restaurants. Family members
may work on the licensed premises but are not permitted to sell or
dispense alcohol beverages. Pursuant to §§ 125.32(2)
and 125.68(2), Wis. Stats., a person at least 18 years of age may
sell, serve or dispense alcohol beverages if he or she is the holder
of an operator's license or is under the immediate supervision of
a licensee, permittee or agent or a person holding an operator's license
who is on the premises at the time of the service.[1]
C.
Disorderly conduct prohibited. Each licensed premises shall, at all
times, be conducted in an orderly manner, and no disorderly, riotous
or indecent conduct shall be allowed at any time on any licensed premises.
D.
Licensed operator on premises. There shall be upon premises operated
under a "Class B", Class "B", or "Class C" license, at all times,
the licensee, members of the licensee's immediate family who
have attained the legal drinking age, and/or some person who shall
have an operator's license and who shall be responsible for the
acts of all persons serving, as waiters or in any other manner, any
fermented malt beverages to customers. No person other than the licensee
shall serve fermented malt beverages in any place operated under a
"Class B", Class "B", or "Class C" license unless he possesses an
operator's license or there is a person with an operator's
license upon said premises at the time of such service.
E.
Health and sanitation regulations. The rules and regulations of the
State Department of Health Services governing sanitation in restaurants
shall apply to all "Class B" liquor or "Class C" licenses issued under
this article. No "Class B" or "Class C" license shall be issued unless
the premises to be licensed conform to such rules and regulations.[2]
F.
Restrictions near schools and churches. No retail Class "A", Class
"B", "Class A" or "Class B" license shall be issued for premises,
the main entrance of which is less than 300 feet from the main entrance
of any established public school, parochial school, hospital or church.
Such distance shall be measured by the shortest route along the highway
from the closest point of the main entrance of such school, church or hospital to the main entrance to
such premises. This subsection shall not apply to premises licensed
as such on June 30, 1947, nor shall it apply to any premises licensed
as such prior to the occupation of real property within 300 feet thereof
by any school building, hospital building or church building.
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 article or the laws of the State
of Wisconsin.
I.
Credit prohibited. No retail Class "A", Class "B", "Class A", "Class
B", or "Class C" liquor, wine, or fermented malt beverage licensee
shall sell or offer for sale any alcohol beverage to any person or
persons by extending credit, except hotel credit extended to a resident
guest or a club to a bona fide member. It shall be unlawful for such
licensee or permittee to sell alcohol beverages to any person on a
passbook or store order or to receive from any person any goods, ware,
merchandise or other articles in exchange for alcohol beverages.
J.
Licensee or permittee responsible for acts of help. A violation of
this article by a duly authorized agent or employee of a licensee
or permittee under this article shall constitute a violation by the
licensee or permittee, Whenever any licensee or permittee under this
article shall violate any portion of this article, proceedings for
the suspension or revocation of the license or permit of the holder
thereof may be instituted in the manner prescribed in this article.
K.
Improper exhibitions. 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),
Wis. Stats., and further restricted as follows:
A.
Class "B" licenses.
(1)
No premises for which a retail "Class B" liquor, Class "B" fermented
malt beverage, or "Class C" wine license has been issued shall be
permitted to remain open for the sale of liquor or fermented malt
beverages or for any other purpose between the hours of 2:00 a.m.
and 6:00 a.m., Monday through Friday, and 2:30 a.m. and 6:00 a.m.,
Saturday and Sunday. There shall be no closing hours on January 1.
(2)
Hotels and restaurants the principal business of which is the furnishing of food and lodging to patrons, bowling centers, movie theaters, painting studios, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but may not sell fermented malt beverages during the hours specified in Subsection A(1).[1]
B.
Carryout hours. No person may sell, remove, carry out or permit to
be removed or carried out between 12:00 midnight and 6:00 a.m. for
Class “A” beer licenses and between 9:00 p.m. and 6:00
a.m. for “Class A” liquor licenses, from any premises
having said Class "A" or "Class A" license, fermented malt beverages
or intoxicating liquor in original unopened packages, containers or
bottles or for consumption away from the premises.[2]
It shall be unlawful for any person or organization on a temporary
basis to sell or offer to sell any alcohol beverage upon any Village-owned
property or privately owned property within the Village of Spencer,
except through the issuance of a temporary Class "B" fermented malt
beverage license or temporary "Class B" wine license issued by the
Village 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 Village-owned property or privately owned property
may be authorized by the Village 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 and § 278-21. Members of an organization which is issued a temporary license and who are issued operators' licenses for the event shall attend a pre-event informational meeting to learn what rules and regulations apply and what the responsibilities of the bartenders and organization will be.[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 Village 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 be only one point of ingress and egress.
When required, the double fence shall be a minimum of four feet high
and a minimum of six feet between fences.
D.
Underage persons prohibited. No underage persons as defined by the
Wisconsin Statutes, except for a person 18 years of age or over who
possesses a valid operator's license, 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.[2]
E.
Licensed operators requirement. A licensed operator shall be stationed
at all points of sales at all times.
F.
Waiver. The Village 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
Village and its employees and agents harmless against all claims,
liability, loss, damage or expense incurred by the Village 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
Village of Spencer. The applicant may be required to furnish a performance
bond prior to being granted the license.[3]
A.
Procedure. Whenever the holder of any license under this article violates any portion of this article or Article II of this chapter, proceedings for the revocation of such license may be instituted in the manner and under the procedure established by this section.
B.
Abandonment of premises. Any licensee holding a license to sell alcohol
beverages who abandons such business shall forfeit any right or preference
he may have to the holding of or renewal of such license. Abandonment
shall be sufficient grounds for revocation of any alcohol beverage
license. The closing of the licensed premises for at least six months
shall be prima facie evidence of the abandonment, unless extended
by the Village Board. All persons issued a license to sell alcohol
beverages in the Village, for which a quota exists limiting the number
of such licenses that may be issued by the Village, shall cause such
business described in such license to be operated on the premises
described in such license for at least 150 days during the terms of
such license, unless such license is issued for a term of less than
180 days, in which event this subsection shall not apply.
C.
License revocation or suspension. License revocation or suspension
procedures shall be as prescribed by Ch. 125, Wis. Stats.
The presence of underage persons on a licensed premises as provided
under § 125.07(3)(a)10, Wis. Stats., shall be subject to
the following:
A.
The licensee or agent of a corporate licensee shall notify the Village
office 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 Village office during normal working hours (8:00 a.m.
to 5:00 p.m., Monday through Friday) and shall be given on forms prescribed
by the Village. After a nonalcohol event notice has been given, the
licensee may cancel an event(s) only by giving like notice to the
Village in accordance with the provisions of this subsection. 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.
B.
During the period of any nonalcohol event, a notice card prescribed
by the Village office 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 Village to a requesting licensee.
C.
Once a nonalcohol event has commenced, no alcohol beverages may be
consumed, sold or given away on or carried into the licensed premises
until the next day following the closing hours of the licensed premises.
D.
During the period of any nonalcohol event, all alcohol beverages
shall be stored in a locked portion of the licensed premises in a
secure place out of the sight and physical reach of any patron present
and shall be under the direct and immediate control and supervision
of the licensee or a licensed bartender in the employ of the licensee.
All beer taps and automatic dispensers of alcohol beverages ("speed
guns") shall be either disconnected, disabled or made inoperable.
A.
Operator's license required.
(1)
Operator's licenses; Class "A", Class "B" or "Class C premises.
Except as provided under §§ 125.32(3)(b) and 125.07(3)(a)10,
Wis. Stats., no premises operated under a Class "A", Class "B", or
"Class C" license or permit may be open for business unless there
is upon the premises the licensee or permittee, the agent named in
the license or permit if the licensee or permittee is a corporation,
or some person who has an operator's license and who is responsible
for the acts of all persons serving any fermented malt beverages to
customers. An operator's license issued in respect to a vessel
under § 125.27(2), Wis. Stats., is valid outside the municipality
that issues it. For the purpose of this section, any person holding
a manager's license under § 125.18, Wis. Stats., or
any member of the licensee's or permittee's immediate family
who has attained the age of 18, shall be considered the holder of
an operator's license. No person, including a member of the licensee's
or permittee's immediate family, other than the licensee, permittee
or agent, may serve fermented malt beverages in any place operated
under a Class "A", Class "B", or "Class C" license or permit unless
he or she has an operator's license or is at least 18 years of
age and is under the immediate supervision of the licensee, permittee,
agent or a person holding an operator's license, who is on the
premises at the time of the service.
B.
Procedure upon application.
(1)
The Village Board may issue an operator's license, which license
shall be granted only upon application in writing on forms to be obtained
from the Village Administrator-Clerk/Treasurer only to persons 18
years of age or older. Operator's licenses shall be operative
only within the limits of the Village.
(2)
All applications are subject to an investigation by the Police Department
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. The investigating authority shall conduct
an investigation of the applicant, including, but not limited to,
requesting information from the state, surrounding municipalities,
and/or any community where the applicant has previously resided concerning
the applicant's arrest and conviction record. Based upon such
investigation, the investigating authority shall recommend, in writing,
to the Village Board approval or denial of the application. If the
investigating authority recommends denial, the investigating authority
shall provide, in writing, the reasons for such recommendation.
C.
Duration. Licenses issued under the provisions of this article shall
be valid for a period of one year and shall expire on the 30th day
of June.
D.
Operator's license fee; provisional license.
(2)
Provisional license. The Village Administrator-Clerk/Treasurer may
issue provisional operator's licenses in accordance with § 125.17(5),
Wis. Stats. The provisional operator's license shall expire 60
days after its issuance or when an operator's license is issued
to the holder, whichever is sooner. The Village Administrator-Clerk/Treasurer
may, upon receiving an application for a temporary provisional license,
issue such a license without requiring the successful completion of
the responsible beverage server training course as described herein.
However, such temporary license shall be used only for the purpose
of allowing such applicant the privilege of being licensed as a beverage
operator pending his successful completion of the responsible beverage
server training course, and the applicant shall also apply for a regular
operator's license. A provisional license may not be issued to
any person who has been denied an operator's license by the Village
Board or who has had his operator's license revoked or suspended
within the preceding 12 months. The Village Administrator-Clerk/Treasurer
shall provide an appropriate application form to be completed in full
by the applicant. The Village Administrator-Clerk/Treasurer may revoke
the provisional license issued if he discovers that the holder of
the license made a false statement on the application.[2]
E.
Issuance or denial of operator's licenses.
(1)
After the Village Board approves the granting of an operator's
license, the Village Administrator-Clerk/Treasurer shall issue the
license. Such licenses shall be issued and numbered in the order they
are granted and shall give the applicant's name and address and
the date of the expiration of such license.
(2)
Denial and reconsideration.
(a)
If the application is denied by the Village Board, the Village
Administrator-Clerk/Treasurer shall, in writing, inform the applicant
of the denial, the reasons therefor, and of the opportunity to request
a reconsideration of the application by the Village 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 Village Administrator-Clerk/Treasurer shall notify the applicant
in writing of the reasons therefor. An applicant who is denied any
license upon reconsideration of the matter may apply to Circuit Court
pursuant to § 125.12(2)(d), Wis. Stats., for review.
(3)
Basis for granting, denial, revocation or suspension.
(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 Village 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 Village Board, the Village 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 Village 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.
(5)
Purpose.
(a)
The Village Board of the Village of Spencer, Marathon County,
Wisconsin is responsible for issuance of operator's licenses
for the service of alcohol beverages. The holder of such license must
exercise a high degree of responsibility as the distributor of what
is essentially a legal drug.
(b)
Licensees are expected to ensure that alcohol beverages are
not served or sold to underage persons or intoxicated persons. They
are expected to uphold all laws relating to the sale and consumption
of alcohol beverages on the premises they control or manage. Licensees
are expected to actively discourage and minimize disturbances of the
peace, maintain community safety, discourage impaired driving and
also frequently work in cooperation with law enforcement authorities.
(c)
Before issuing an operator's license to an individual,
the Village Board must be reasonable satisfied that the applicant
can be entrusted with these responsibilities. This policy is adopted
to guide Village officials in evaluating applications for operator's
licenses and to assist in determining when an application may be rejected
or approved.
(d)
This policy is not intended to set forth all possible reasons
for denial of an application. This policy is also not to be construed
as a limit on the Village Board's ultimate discretion to issue
a license or deny an application for any lawful reason.
(6)
Arrest and conviction records. The Village Administrator-Clerk/Treasurer,
in cooperation with law enforcement authorities, shall conduct a review
of the arrest and conviction records of all applicants and report
the results to the Village Board. Provided the circumstances of the
offense substantially relate to the duties of the holder of an operator's
license, persons with arrest or conviction records revealing any of
the following shall not be issued an operator's license:
(a)
Conviction of a felony, unless duly pardoned.
(b)
Conviction, or current charge pending, under state statute or
local ordinance, for one or more violent offenses (e.g., battery,
disorderly conduct, sexual assault, intimidation of witness, etc.),
offenses against government (e.g., resisting or obstructing an officer,
perjury, bail jumping, etc.) or drug offenses, not including simple
possession, within five years prior to the date of license application.
(c)
Conviction, or current charge pending, under state statute or
local ordinance for two or more violent offenses, offenses against
government, or drug offenses, not including simple possession, arising
out of separate incidents within the 10 years prior to the date of
license application.
(d)
Conviction, or current charge pending, for two or more offenses
arising out of separate incidents within five years prior to the date
of application of any of the following offenses, whether under state
statute or similar local ordinance:
[1]
Disorderly conduct.
[2]
Criminal damage to property.
[3]
Solicitation of prostitution or other prostitution-related offenses.
[4]
Alcohol beverage offenses.
[5]
Possession of controlled substances or controlled substance
analog.
[6]
Operating a motor vehicle contrary to any offense under § 346.63,
Wis. Stats. (impaired driving law).
[7]
Open intoxicants violations - in motor vehicles or public places.
(e)
The person is a habitual law offender. A person shall be considered
a habitual law offender if the person has been convicted or has a
current pending charge for:
[1]
Two or more offenses arising from separate incidents within
the five years immediately preceding the date of application;
[2]
Three or more offenses arising from separate incidents within
the five years immediately preceding the date of application; or
[3]
Six or more offenses arising from separate incidents within
the 10 years immediately preceding the date of application.
(7)
Truthful application requirement. If the Village Board determines
that the applicant has provided false information or intentionally
omitted pertinent information, the application shall be denied and
no new application from that person shall be approved for a period
not less than one year from the date of denial.
(8)
Appeal of initial determination.
(a)
Any person denied an operator's license may appeal the
determination to the Village Board for reconsideration. Operator's
licenses will be granted only where extraordinary circumstances or
significant new information exist to demonstrate that the person is
capable of exercising the necessary judgment and responsibility to
hold an operator's license despite the evidence to the contrary
contained in the person's arrest or conviction record.
(b)
Within 30 days of receipt of the written determination to deny
the operator's license, an appeal may be filed by the applicant
by submitting to the Village Administrator-Clerk/Treasurer a detailed
written explanation of the specific extraordinary circumstances or
significant new information, along with any supporting documentation
including, but not limited to, letters from treatment centers and
opinions of doctors or counselors. Simple expressions of remorse or
unsubstantiated pledges of having changed one's ways do not constitute
specific evidence of extraordinary circumstances.
(c)
The appellant shall be given written notice by regular mail
of the date and time the Village Board will hear and render a decision
on appeal. Failure to appear will generally constitute grounds for
denial of the appeal; however, a decision may be made based upon the
written application alone if the written materials, in the opinion
of the Village Board, do not appear to set forth sufficient grounds
to overturn the original denial of the operator's license application.
F.
Training course.
(1)
Except as provided in Subsection F(2) below, the Village 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]
G.
Display of license. Each license issued under the provisions of this
article shall be posted on the premises whenever the operator dispenses
beverages or be in his possession, or the licensee shall carry a license
card.[4]
H.
Revocation of operator's license. Violation of any of the terms
or provisions of the state law or of this article relating to operator's
licenses by any person holding such operator's license shall
be cause for revocation of the license.
A.
Forfeitures for violations of §§ 125.07(1) to (5) and 125.09(2) of the Wisconsin Statutes, adopted by reference in § 278-1 of this article of the Code of Ordinances of the Village of Spencer, shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable state statute, including any variations or increases for subsequent offenses.
B.
Any person who shall violate any provision of this article of the
Code of Ordinances of the Village of Spencer, except as otherwise
provided herein, or who shall conduct any activity or make any sale
for which a license is required without a license, shall be subject
to a forfeiture as provided in the general penalty section[1] of this Code of the Village of Spencer.[2]
C.
Nothing herein shall preclude or affect the power of the sentencing
court to exercise additional authorities granted by the Wisconsin
Statutes.
[Adopted 10-4-1993 (Title
11, Ch. 4, of the 1993 Code of Ordinances), as amended through 2-17-2015]
A.
Alcohol beverages in public areas.
(1)
Relations. It shall be unlawful for any person to sell, serve or
give away, or offer to sell, serve or give away, any alcohol beverage
upon any public street, sidewalk, alley, public parking lot, highway,
cemetery or drives or other public area within the Village of Spencer
or on private property without the owner's consent, except at
licensed premises. It shall be unlawful for any person to consume
or have in his possession any open container containing alcohol beverage
upon any public street, public sidewalk, public way, public alley
or public parking lot within the Village except as licensed premises.
(2)
Private property held out for public use. It shall be unlawful for
any person to consume any alcohol beverages upon any private property
held open for public use within the Village unless the property is
specifically named as being part of a licensed premises.
(3)
Leaving licensed premises with open container.
B.
ALCOHOL BEVERAGE
PUBLIC AREA
UNDERAGE PERSON
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Includes all ardent, spirituous, distilled or vinous liquors,
liquids or compounds, whether medicated, proprietary, patented or
not, and by whatever name called, as well as all liquors and liquids
made by the alcoholic fermentation of an infusion in potable water
of barley malt and hops, with or without unmalted grains or decorticated
or degerminated grains or sugar, which contain 1/2 of 1% or more of
alcohol by volume and which are fit for use for beverage purposes.
Any location within the Village which is open to access to
persons not requiring specific permission of the owner to be at such
location, including all parking lots serving commercial establishments.
Any person under the legal drinking age as defined by the
Wisconsin Statutes.[1]
[1]
Editor's Note: The following original sections of the 1993 Code of Ordinances, which immediately and respectively followed this definition were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II): Sec. 11-4-2, Sale to underage or intoxicated persons restricted, Sec. 11-4-3, Underage persons' presence in places of sale; penalty, Sec. 11-4-4, Underage persons; prohibitions; penalties, Sec. 11-4-5, Defense of sellers, Sec. 11-4-6, Persons who have attained the legal drinking age; false or altered identification cards, Sec. 11-4-7, Possession of alcohol beverages on school grounds prohibited, Sec. 11-4-8, Adult permitting or encouraging underage violation, and Sec. 11-4-9, Solicitation of drinks prohibited. See now Art. I, § 278-1, Adoption of statutory provisions, of this chapter, and Ch. 359, Peace and Good Order, of the Code of the Village of Spencer, and see also §§ 125.07, 125.085, and 125.09, Wis. Stats.
