[Adopted 4-1-2004 (Title
7, Ch. 2, Art. A, of the 2004 Code of Ordinances)]
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 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 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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," "wholesalers," and "operators" shall have
the meaning given them by Chapter 125, Wisconsin Statutes.
No person, firm or corporation shall vend, sell, deal or traffic
in or have in his/her 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 nor without complying with all
the provisions of this chapter, 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 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, authorized the sale of intoxicating liquor to
be consumed by the glass only on the premises where sold, and also
authorized 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" retailer's fermented malt beverage 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 license 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 beverages, either to be consumed upon the premises
where sold or away from such premises. The holder may also sell beverages
containing less than 1/2 of a percentum of alcohol by volume without
obtaining a special license to sell such beverages. Such license 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, Wis. Stats., 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 and chambers of commerce, 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(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 penalty as outlined in Chapter 1, General Provisions, § 1-3, 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
G.
Temporary "Class B" wine license.
(1)
License. Notwithstanding § 125.68(3), Wis. Stats., temporary
"Class B" licenses may be issued to bona fide clubs and chambers of
commerce, to county or local fair associations or agricultural societies,
to churches, lodges or societies that have been in existence for at
least six months before the date of application and to posts of veterans'
organizations authorizing the sale of wine in an original package,
container or bottle or by the glass if the wine is dispensed directly
from an original package, container or bottle at a particular picnic
or similar gathering, at a meeting of the post, or during a fair conducted
by the fair association or agricultural society. No fee may be charged
to a person who, at the same time, applies for a temporary Class "B"
beer license under § 125.26(6), Wis. Stats., for the same
event. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(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 penalty as outlined in Chapter 1, General Provisions, § 1-3, 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.[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 licenses 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 § 187-4 of this Code and Chapter 125, Wis. Stats.:
A.
Class "A" fermented malt beverages 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 fraction 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 beverages 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 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 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 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 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 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 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 Dodge 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/she
has the right to possession of the premises described in the application
for the license period, by lease or by deed.
D.
Age of applicant. Licenses related to alcohol beverages shall only
be granted to persons who have attained the legal drinking age, 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(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.
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.
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 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.
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 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.
(8)
A movie
theater.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
(9)
A painting
studio.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
(10)
Premises
for which a temporary Class "B" license is issued under § 125.26(6),
Wis. Stats., if the license is one of multiple licenses issued by
the municipality for the same licensee for the same date and times,
the licensee is the sponsor of an event held at multiple locations
within the municipality on this date and at these times, and an admission
fee is charged for participation in the event and no additional fee
is charged for service of alcohol at the event.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
The Town Clerk shall notify the Fire Inspector and/or 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. 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 conform to the sanitary,
safety and health requirements of the State Building Code and the
regulations of the State Department of Health Services 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 by § 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 regulations 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 person, 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 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/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 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 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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. Between 9:00 p.m. and 8:00 a.m., no person may sell,
remove, carry out or permit to be removed or carried out from any
premises having a "Class A" or Class "A" license, fermented malt beverages
or intoxicating liquor in original unopened packages, containers or
bottles or for consumption away from the premises.
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 Lowell, 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 and § 187-29. Members of an organization which is issued a temporary license and who are issued operator's licenses for the event shall attend a pre-event informational meeting to learn what rules and regulations apply and what the responsibilities of the bartenders and organization will be.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 be only one point of ingress and egress.
When required, the double fence shall be a minimum of four feet high
and a minimum of six feet between fences.
D.
Underage persons prohibited. No underage persons as defined by the
Wisconsin Statutes shall be allowed to assist in the sale of fermented
malt beverages or wine at any point of sale, nor shall they be allowed
to loiter or linger in the area of any point of sale. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Licensed operators requirement. A licensed operator shall be stationed
at all points of sales 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 Lowell. The applicant
may be required to furnish a performance bond prior to being granted
the license.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Procedure.
(1)
The Town of Lowell 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, and upon conviction in Circuit Court, the Town Board
shall hold a hearing under § 125.12, Wis. Stats., for all
second and subsequent convictions.
B.
Penalties.
(1)
All actions being affirmed by the Town Board, or any conviction under
Ch. 125, Wis. Stats., in Circuit Court against an alcohol beverage
license holder shall be considered as a violation under this section.
(2)
Violations shall be counted from date of said violation and shall
accrue for a period of 36 months.
(3)
All actions where the complaint is found true by the Town Board shall
result in the following penalties:
(a)
First action approved by the Board shall result in a minimum
ten-day to a maximum nineteen-day suspension.
(b)
Second action approved by the Board shall result in a minimum
twenty-day to a maximum twenty-nine-day suspension.
(c)
Third action approved by the Board shall result in a minimum
thirty-day to a maximum forty-day suspension.
(d)
Fourth action approved by the Board shall result in a twelve-month
revocation.
C.
Continuing business license requirements.
(1)
It shall be a condition of maintaining and keeping a license in the
Town of Lowell 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.
(2)
Any license issued pursuant to this chapter shall be subject to such
further regulations and restrictions as may be imposed by the Lowell
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 restrictions 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" of a license is hereby defined to mean as
follows: Should a license issued under this chapter not be used within
60 days after its issuance and/or adoption of this chapter, or its
usage is discontinued for a period of 60 days or more, such situation
may be grounds for cancellation of the license in accordance with
the provisions of this section.
(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 Dodge County Zoning and Shoreland Protection Ordinance,
and meeting of any other requirements under the provisions of the
Dodge County Ordinance. 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 Lowell Town
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 that 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)
Because past Lowell Town Boards have issued licenses for seasonal operations that do not meet the requirements set forth in this chapter, such seasonal operations will be allowed to continue to conduct business and hold licenses in accordance with those previous Lowell Town Board actions, but only as it pertains to Subsection C(3) above.
(7)
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 Lowell Town Chairperson.
(8)
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.
(9)
As specified by law, there shall be no refund of any license fee
paid to a party whose license is revoked.
(10)
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.
(11)
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 that 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.
The licensee 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. After a nonalcohol
event notice has been given, the licensee may cancel an event(s) only
by giving like notice to the Town 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 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.
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.
Authority.
(1)
The Town Board of the Town of Lowell 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.; and
(2)
The Town Board has authority under its general police powers set
forth in § 60.22, 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;
and
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
The Town Board recognizes it lacks authority to regulate obscenity
in light of § 66.0107(3), Wis. Stats., 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, nonobscene,
erotic dancing in bars and taverns; and
(4)
Bars and taverns featuring live, totally nude, nonobscene, 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;
and
(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
Amendment 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; and
(6)
However, the Town Board is aware, based on the experiences of other
communities, that bars and taverns in which live, totally nude, nonobscene,
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 Lowell; and
(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; and
(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 Lowell; 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; and
(9)
The Town Board has determined that enactment of an ordinance prohibiting
live, totally nude, nonobscene, 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 does 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.
Definitions. For purposes of this section, the term "licensed establishment"
means any establishment licensed by the Town Board of the Town of
Lowell to sell alcohol beverages pursuant to Ch. 125, Wis. Stats.
The term "licensee" means the holder of a retail "Class A," "Class
B," Class "B," Class "A," or "Class C" licensee granted by the Town
Board of the Town of Lowell pursuant to Ch. 125, Wis. Stats.
E.
Penalties. Any person, partnership or corporation who violates any of the provisions of this section shall be subject to a forfeiture pursuant to § 1-3. 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 nonrenewing an alcohol beverage license under § 125.12, Wis. Stats.
