Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
Town of Fulton, WI
Rock County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Fulton 9-12-1996 as Ch. 7, § 3f of the 1996 Code. Amendments noted where applicable.]
GENERAL REFERENCES
License, registration and permit procedure — See Ch. 284.
Nuisances — See Ch. 318.
Parks and recreation — See Ch. 329.
Peace and good order — See Ch. 334.
A. 
Every person, pursuant to Ch. 125, Wis. Stats., and this chapter, in the Town of Fulton who sells alcohol beverages with 1/2 of 1% of alcohol by volume or more and manufacturers, wholesalers, retailers and distributors of such beverages in the Town of Fulton shall seek and obtain the following applicable license or permits from the Town of Fulton, namely:
(1) 
Class "A" fermented malt beverage.
(2) 
Class "B" fermented malt beverage.
(3) 
"Class A" liquor.
(4) 
"Class B" liquor operator's license.
(5) 
Class "B" fermented malt beverage picnic license.
(6) 
Class A permit.
(7) 
Class B permit.
B. 
The fees for such licenses or permits shall be established annually by the Town Board of the Town of Fulton. The license or permit shall be from July 1 of one year to June 30 of the next year.
A. 
The application and license or permit shall designate the premises in the Town of Fulton where the alcohol beverage will be sold.
B. 
If the licensee/permittee becomes disabled, the Town may, upon application, transfer the license/permit to the licensee's/permittee's spouse if the spouse qualifies for a license/permit pursuant to Ch. 125, Wis. Stats., and this chapter and the spouse complies with requirements under Ch. 125, Wis. Stats., for original applicants. However, the spouse is exempt from payment of the license/permit fee for the year in which the transfer takes place.
C. 
The license/permit to sell alcohol beverages may be transferred to another premises in the Town of Fulton. Class A and Class B licenses/permits, managers' licenses and operators' licenses, pursuant to § 125.04(12), Wis. Stats., are limited to only one transfer in any license or permit year. Transfers shall cost an amount as set by the Town Board and shall be payable to the Town Clerk/Treasurer. The Town Clerk/Treasurer shall promptly notify the State Department of Revenue of any transfers.
D. 
All licenses/permits issued by the Town of Fulton shall be displayed by the licensee/permittee in an enclosed frame having a transparent front which allows the license/permit to be clearly read. The license/permit shall be conspicuously displayed in the room or place where the activity subject to the license/permit is carried on.
E. 
The application for a license/permit noted herein shall be provided by the State Department of Revenue. This form shall be used by the Town of Fulton, except that the Town of Fulton shall prepare a separate application form for an operator's license or a manager's license.
F. 
The application shall, for any operator's license or manager's license, include:
(1) 
The name of the applicant.
(2) 
The address of the applicant.
(3) 
The residential and business telephone number of the applicant, if any.
(4) 
The age of the applicant.
(5) 
The name of the licensed premises where the alcohol beverage will be sold.
(6) 
The address of the licensed premises where the alcohol beverage will be sold.
(7) 
The business telephone number of the licensed premises where the alcohol beverage will be sold.
(8) 
A history of the applicant relevant to the fitness of the applicant to hold a license.
(9) 
Which license is requested (operator's license or manager's license).
(10) 
The kind of operator's license, if any, for which the applicant is applying (permanent or temporary).
(11) 
Length of applicant residency in State of Wisconsin.
(12) 
Any felony record of applicant. If so, was applicant duly pardoned. If so, by whom?
(13) 
Any arrest or conviction record. If so, for what acts?
[Added 3-8-2001; amended 4-14-2020 by Ord. No. 2020-2]
The Town 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 Town Clerk/Treasurer may, upon receiving an application for a temporary provisional license, issue such a license without requiring the successful completion of the approved program 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/her successful completion of the approved program. The Town Clerk/Treasurer may, within two business days of the receipt of an application, issue a provisional operator's license upon having received a report from the Chief of Police that the applicant does not have an arrest or conviction record, is not a habitual law offender or has not been convicted of a felony unless subsequently pardoned where the circumstances of such arrest or conviction substantially relate to the circumstances of the job of a licensed operator for purposes of complying with §§ 125.32(2) and 125.68(2), Wis. Stats. A provisional license may not be issued to any person who has been denied an operator's license by the Town Board or who has had his/her operator's license revoked or suspended within the preceding 12 months. The Town Clerk/Treasurer shall provide an appropriate application form to be completed in full by the applicant. The Town Clerk/Treasurer may revoke the provisional license issued if it is discovered that the holder of the license made a false statement on the application. Following proof of completion of the responsible beverage server training course and payment of the appropriate fee, the Town Clerk/Treasurer or the Town Board may issue an operator's license to the applicant.
A. 
The person subject to this chapter shall comply with Ch. 125, Wis. Stats., and this chapter.
B. 
The Town Clerk/Treasurer of the Town of Fulton shall provide copies of this chapter at no cost to any applicant requesting copies under this chapter.
C. 
The applicant and any other person subject to this chapter shall comply as follows:
(1) 
No person shall be issued or reissued any of the noted alcohol beverage licenses/permits in the Town of Fulton until the appropriate fee has been paid to the Town Clerk/Treasurer of the Town of Fulton.
(2) 
No person shall be issued or reissued any of the noted alcohol beverage licenses/permits in the Town of Fulton who has failed to properly and fully complete and submit to the Town Clerk/Treasurer of the Town of Fulton the application form as developed and provided by the Town of Fulton.
(3) 
Such application, if for a license reissuance, shall be submitted in a timely manner in order that publication and hearing can be considered prior to July 1. A late application may be considered, but the applicant shall pay any additional cost incurred by the Town of Fulton for publication of hearing costs.
(4) 
No person, pursuant to §§ 111.32, 111.321, 111.335 and 125.04, Wis. Stats., shall be issued or reissued any of the noted alcohol beverage licenses/permits in the Town of Fulton who has been a habitual law offender or charged and convicted of a felony unless the person has been duly pardoned.
(5) 
Only natural persons that are residents of the State of Wisconsin for at least 90 days shall be issued or reissued the noted alcohol beverage licenses/permits in the Town of Fulton, except a natural person applying for an operator's license or a manager's license need not be a resident of the State of Wisconsin at the time of application. However, a natural person must be a resident of the State of Wisconsin at time of issuance of a manager's license.
(6) 
Only natural persons that have attained the legal drinking age shall be issued or reissued the noted alcohol beverage licenses/permits in the Town of Fulton, except a natural person applying for an operator's license need not be of legal drinking age at time of application. However, a natural person must have attained the age of 18 at date of issuance of an operator's license.
(7) 
Only corporate persons whose agent meets the qualifications established in § 125.04(6), Wis. Stats., and whose directors meet the qualifications established in § 125.04(5), Wis. Stats., shall be issued or reissued the noted alcohol beverage licenses/permits in the Town of Fulton, except no foreign corporation shall be issued a Class B license/permit.
(8) 
No person shall be issued or reissued a Class B license/permit in the Town of Fulton until the premises complies with the rules promulgated by the State Department of Health and Family Services governing sanitation in restaurants.
(9) 
No person shall be issued or reissued a Class A license/permit or a Class B license/permit in the Town of Fulton until the premises complies with the Town of Fulton Building Code and Plumbing Code or the State of Wisconsin Building Code and Plumbing Code.
(10) 
No person shall be issued or reissued a "Class A" or "Class B" intoxicating liquor license/permit in the Town of Fulton who does not, at the time of application, have a building on the premises for the purpose of utilizing the license or permit. No person shall be issued or reissued the license/permit until the building has been constructed and the building complies with all federal, state, County of Rock and Town of Fulton laws, regulations and ordinances, including but not limited to fire, Sanitation, Electrical, Plumbing and Building Codes. If the building where alcohol beverages are sold is destroyed, the license or permit issued by the Town of Fulton shall remain valid until expiration of the license or permit term and, in addition, the person issued the license or permit shall have 150 days after expiration to complete construction of a new building for reissuance of a new license/permit.
(a) 
The Town Board of the Town of Fulton, at its option, may waive the construction completion requirement if the Town Board:
[1] 
Believes the applicant has the intent to construct a premises.
[2] 
Receives from the applicant written plans or written contracts submitted as proof of construction.
[3] 
Receives a signed sworn statement from the applicant that the applicant will construct a building for retail alcohol beverage sales and that the building will be completed for actual business operations and in conformity with State of Wisconsin and Town of Fulton laws, regulations and ordinances within 150 days after the submittal of the application.
(b) 
This license/permit shall be issued upon conditions of completeness. If the building is not completed by the above-noted time period and if the building does not meet the State of Wisconsin and Town of Fulton laws, regulations and ordinances, then the license/permit will be invalid and the applicant will need to reapply for a license or permit.
(11) 
No person may procure for, sell, dispense or give away alcohol beverages in the Town of Fulton to any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age. No licensee or permitted may sell, vend, deal or traffic in alcohol beverages to or with any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.
(12) 
No adult person in the Town of Fulton may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by any underage person on premises owned by the adult or under the control of the adult. This provision does not apply to alcohol beverages used exclusively as part of a religious ceremony.
(13) 
No adult person in the Town of Fulton may intentionally encourage or contribute to any underage person procuring alcohol beverages, entering a licensed or permitted premises in violation of § 125.07(3), Wis. Stats., falsely representing his or her age for the purpose of receiving alcohol beverages from a licensee or permittee or knowingly possessing or consuming alcohol beverages unless allowed pursuant to § 125.07(4), Wis. Stats.
(14) 
No person may procure for, sell, dispense or give away alcohol beverages in the Town of Fulton to a person who is intoxicated. No licensee or permittee in the Town of Fulton may sell, vend, deal or traffic in alcohol beverages to or with a person who is intoxicated. No underage person in the Town of Fulton, not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age, may enter, knowingly attempt to enter or be on any licensed or permitted premises for any purpose except those specific purposes noted in § 125.07(3), Wis. Stats.
(15) 
No person as owner or lessee or in charge of a public place or public facility in the Town of Fulton may permit the consumption of alcohol beverages on the premises of the public place unless the person has the appropriate retail alcohol beverage license or permit issued by the Town of Fulton. This provision does not apply to the Town of Fulton, other municipal units in the Town of Fulton, buildings and parks owned by the County of Rock, regularly established athletic fields and stadiums, school buildings, churches and premises in a state fair park or clubs. No person in the Town of Fulton may possess or consume alcohol beverages on school premises, in a motor vehicle if a pupil attending the school is in the motor vehicle or while participating in a school-sponsored activity. This provision may be waived by the school administration consistent with applicable state laws, with Town of Fulton ordinances and with policies of the school board.
(16) 
No person shall produce or perform in an obscene performance in the Town of Fulton in violation of the provisions of § 944.211, Wis. Stats.
[Added 11-13-2007]
(17) 
No person shall solicit prostitutes in the Town of Fulton in violation of the provisions of § 944.32 Wis. Stats., or keep a place of prostitution in the Town of Fulton, in violation of the provisions of § 944.34, Wis. Stats., or engage in pandering in the Town of Fulton in violation of the provisions of § 944.33, Wis. Stats.
[Added 11-13-2007]
(18) 
No person shall solicit drinks in the Town of Fulton in violation of § 944.36, Wis. Stats.
[Added 11-13-2007]
(19) 
No person shall engage in gambling or related activities in the Town of Fulton in violation of the provisions of § 945.02, 945.03, 945.04, 945.041, Wis. Stats.
[Added 11-13-2007]
(20) 
No person shall keep or maintain a disorderly licensed premises in the Town of Fulton in violation of the provisions of § 947.01, Wis. Stats.
[Added 11-13-2007]
(21) 
No person shall be convicted of a criminal offense related to homicide and physical harm to others in the Town of Fulton in violation of the provisions of §§ 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09, 940.10, 940.19, 940.20, 940.21, 940.225, 940.23, 940.24, 940.25, 940.291, 940.30, 940.31, Wis. Stats.
[Added 11-13-2007]
(22) 
No person shall manufacture, distribute or deliver a controlled substance or a controlled substance analogue under § 961.41(1), Wis. Stats.; possess, with the intent to manufacture, distribute or deliver a controlled substance or a controlled substance analogue under § 961.41(1m), Wis. Stats.; or possess, with the intent to manufacture, distribute or deliver, or manufacture, distribute or deliver a controlled substance or controlled substance analogue under a substantially similar federal law or substantially similar law of another state.
[Added 11-13-2007]
(23) 
No person shall possess any of the materials listed in § 961.61, Wis. Stats., with intent to manufacture methamphetamine under that subsection or under a federal law or law of another state that is substantially similar to § 961.65, Wis. Stats.
[Added 11-13-2007]
(24) 
No person shall knowingly allow another person who is on the premises for which the license under this chapter is issued to possess with intent to manufacture, distribute or deliver or to manufacture, distribute or deliver a controlled substance or controlled substance analogue.
[Added 11-13-2007]
(25) 
No person shall knowingly allow another person who is on the premises for which the license under this chapter is issued to possess any of the materials listed in § 961.65, Wis. Stats., with the intent to manufacture methamphetamine.
[Added 11-13-2007]
(26) 
No person shall knowingly resist or obstruct an officer while such officer is doing an act in an official capacity and with lawful authority in violation of § 946.41 Wis. Stats.
[Added 11-13-2007]
(27) 
No person shall permit music to be performed, played or otherwise broadcast outside on or from a licensed premises during the following time periods:
[Added 11-13-2007; amended 1-10-2017]
(a) 
Friday through Saturday 11:00 p.m. to 11:00 a.m.
(b) 
Sunday through Thursday, except as provided in Subsection C(27)(c): 7:00 p.m. to 11:00 a.m.
(c) 
Day prior to Memorial Day, July 4 and Labor Day: 11:00 p.m. to 11:00 a.m.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added 3-13-2002]
A. 
It shall be unlawful for any person to have in his or her possession any container partially filled with alcohol beverages except when such person is on premises which are duly licensed for the sale of alcohol beverages or except when any person or his or her guests are within said person's own residence or upon his or her own residence premises and have obtained the legal drinking age. "Residence premises" includes those driveways, parking areas or lawn areas used exclusively for the residents and guests of the premises involved but does not include those driveways, parking areas or lawn areas which are available for use by the general public, are available for use by patrons of any business establishment, or are available for the combined use for both residents of the premises involved and patrons of the premises involved and/or the general public.
B. 
Premises licensed for the sale of alcohol beverages (except premises for which temporary Class "B" beer licenses and temporary "Class B" wine licenses have been issued) are defined as a room and rooms on the ground floor of the building which is or are located within the front or street door and the rear door of said license premises and shall exclude any entryway which may be located outside of any front or rear door of said license premises, unless specific areas are otherwise approved by the Town Board upon application by the licensee.
C. 
The person holding the license for said premises and any employee or employees shall be responsible for enforcing the provisions of this section and shall be subject to the penalty provided in this section, if he or she permits any person to carry out of said licensed premises any partially filled container of alcohol beverages.
A. 
The Town of Fulton shall issue no more "Class A" intoxicating liquor licenses, "Class B" intoxicating liquor licenses, Class "A" fermented malt beverage licenses or Class "B" fermented malt beverage licenses than allowed by § 125.51, Wis. Stats.
B. 
The above-noted quotas shall not operate to terminate any license issued at time of the effective date of this chapter. Any application for a "Class B" intoxicating liquor license received by the Town Clerk/Treasurer of the Town of Fulton prior to the effective date of this chapter shall not be affected by this chapter. However, the Town Clerk/Treasurer shall not accept applications after the quota for a particular year has been filled in the Town of Fulton. This provision does not apply to deaths or transfers.
C. 
The Town Board of the Town of Fulton, after public hearing, shall have the right to limit the number of Class A fermented malt beverage and intoxicating liquor licenses or permits issued after enactment of this chapter in the Town of Fulton. The Town Board of the Town of Fulton shall not have the power, under the specific provisions of this chapter, to revoke any license or permit currently existing at the time of enactment of this chapter.
D. 
The Town Board of the Town of Fulton has, after a duly noticed public hearing, after due deliberation among the members of the Town Board of the Town of Fulton and after finding the following limitation to be in the public good, established, under this chapter, the number of licenses or permits as follows:
(1) 
Number of Class "A" fermented malt beverage licenses or permits: to be determined at a later date.
(2) 
Number of "Class A" intoxicating liquor licenses or permits: one per 2,000 population or fraction thereof.
[Amended 11-13-2007]
A. 
Purpose. The purpose of this section is to administratively interpret those provisions of this section relating to establishing an alcohol beverage license or permit demerit point system to assist in determining which license or permit holders should be subject to suspension, revocation or nonrenewal procedures. The demerit point values and procedures described in this section shall apply to the suspension, revocation or nonrenewal of alcohol beverage licenses or permits issued pursuant to §§ 260-2, 260-4 and 260-7 of this Code of Ordinances.
B. 
Point schedule.
(1) 
The scale of demerit points is listed according to the type of alcohol beverage license or permit violation. This demerit point system is used to identify habitually troublesome license holders who have repeatedly violated the provisions of state statutes and Chapter 260 of this Code of Ordinances for the purpose of recommending suspension, revocation or nonrenewal of their alcohol beverage license or permit.
Code Section, Type of Violation
Point Value
§§ 177-1 to 177-14, public gathering permit
25
§ 260-1, failure to be licensed
50
§ 260-4C(11), providing alcohol to underage person
25
§ 260-4C(14), providing alcohol to known intoxicated person
25
§ 260-4C(13), underage person on premises
25
§ 260-4C(7), corporation and agent responsibility violations
25
§ 260-4A, on-premises consumption-Class A
25
§ 260-4A, wholesalers restrictions
25
§ 260-4C(2), false statement application
50
§ 260-2C, transfer of license without permission
50
§ 260-4A, sale or dispensing off-premises
25
§ 260-2D, failure to post license
25
§ 260-4C(19), gambling
25
§ 260-9C, no licensed bartender
50
§ 260-4A, open during prohibited hours of operation
25
§ 260-4A, after hours consumption-Class B
25
§ 260-4C(8) and (10), licensed premises not meeting sanitary standards
25
§ 260-5C, leaving licensed premises with open container
25
§ 260-4A, operating disorderly premises
25
§ 260-4A, carryout after hours of operation
25
§ 260-4C(16), conviction of criminal offense related to obscene performance
25
§ 260-4C(17), conviction of criminal offense related to keeping a place of prostitution or soliciting prostitutes
50
§ 260-4C(17), conviction of criminal offense related to pandering
50
§ 260-4C(19), conviction of criminal offense related to gambling
50
§ 260-4C(21), conviction of criminal offense related to homicide and physical harm to others
100
§ 260-4C(22), conviction of manufacturing, distributing or delivering controlled substance or controlled substance analogue
100
§ 260-4C(24), knowingly allowing another person who is on the premises to possess, with intent to manufacture, distribute or deliver a controlled substance or a controlled substance analogue
100
§ 260-4C(26), obstructing an officer
50
§ 260-4C(27), outdoor music violation
25
Any other nonenumerated violation of Chapter 260
25
(2) 
In construing the number of points to be assessed for an alleged violation, it is the section rather than the type of violation which shall control.
C. 
Violations; how calculated. In determining the accumulated demerit points against a license or permit within 12 months, the Town shall use the date each violation was committed as the basis for the determination.
D. 
Suspension, revocation or nonrenewal of license or permit.
(1) 
The Town Board shall call before it for purposes of a revocation, suspension or nonrenewal hearing all licensees or permittees who have accumulated 100 or more points in a twelve-month period, 150 or more points in a twenty-four-month period, or 200 or more points in a thirty-six-month period, based upon court-imposed convictions or adjudications. Demerit points may be assessed, and any suspension, revocation or nonrenewal may be imposed against one license or permit without affecting the continued use of any other license or permit held by the licensee or permittee. The Town Board may also initiate a revocation or suspension hearing on the licensee or permittee who is the subject of a pending criminal charge, or who has been convicted of any felony, misdemeanor or other offense, the circumstances of which substantially relate to the licensed activity, regardless of whether such charge or conviction is included in the demerit point schedule.
(2) 
If the demerit point accumulation calculated from the date of violation meets or exceeds 100 points in a twelve-month period, 150 points in a twenty-four-month period or 200 points in a thirty-six-month period, the license or permit of the licensee or permittee shall be suspended, revoked or nonrenewed. If the license or permit is suspended, the period of suspension shall be for not less than 10 days, nor more than 90 days. If the license or permit is revoked or not renewed, no other license or permit shall be granted to such licensee or permittee or for such premises for a period 12 months from the date of revocation or nonrenewal. Nonrenewal of licenses or permits shall be effective upon expiration of the existing license or permit. Revocation or suspension of the license permit shall be effective seven business days following the Town Board determination concerning suspension or revocation.
(3) 
If the licensee or permittee, as a regular part of its business, offers prepared food for consumption on premises, that part of the business of the licensee or permittee may continue. Provided, however, that no alcohol beverages may be served or consumed on premises until such time as the licensee or permittee holds a valid alcohol beverage license or permit. The business premises of any such licensee or permittee shall be subject to periodic inspections by the Town to insure compliance with the requirement that no alcohol beverages will be served or consumed on premises. If, as a result of said inspections or otherwise, it is established that violations of the provision prohibiting service or consumption of alcohol beverages occurs, further points may be assessed under this section and/or the Town Board may institute appropriate action or proceed to enjoin a violation of this section or cause said business to be closed.
E. 
Procedure for suspension, revocation or nonrenewal. The Town Board shall provide the licensee or permittee a hearing prior to nonrenewal, suspension or revocation of the license or permit. The notice to the licensee or permittee on the nonrenewal, suspension or revocation shall be in writing prior to the hearing and shall state the reasons for the intended action by the Town Board. The Town Board shall conduct such hearing in conformity with the requirements of § 125.12(2)(b), Wis. Stats.
[Amended 9-9-2014]
The Town Board of the Town of Fulton has established the following grounds for denial of an issuance or reissuance of an operator's license or manager's license: conviction for alcohol beverages related offense within 365 days prior to application for license or permit in the Town of Fulton.
A. 
Licensed or permitted premises shall be operated by the licensee, permittee, operator or manager in an orderly manner. No person shall dance or allow any person to dance in any licensed or permitted premises unless a dance license or permit has been obtained. No persons shall cause, allow or permit any person to act disorderly, riotous, or with indecent conduct on the licensed or permitted premises. No licensee or permittee shall employ any underage person to work in or allow any underage person to enter a licensed or permitted premises without fully complying with Ch. 125, Wis. Stats.
B. 
No person shall operate any licensed or permitted premises for alcohol beverage consumption in the Town of Fulton without maintaining the following:
(1) 
A sign posted at each entry and exit location in letters at least one inch in height stating "No alcohol beverages may be carried out of this building in any open containers and no alcohol beverages shall be consumed on the grounds of these premises out of this building."
(2) 
A sign posted in at least two conspicuous public locations in the building of the licensed or permitted premises in letters at least one inch in height stating "No person shall be sold, provided or served alcohol beverages in this building who is intoxicated."
C. 
As a condition of issuance of a temporary Class "B" picnic license, each applicant shall guarantee to the Town of Fulton that at least two persons holding operators' licenses or one business licensed person and one operator licensed person will be working at the licensed premises.
A. 
Any person convicted of a second offense under this chapter, in addition to the penalties, shall automatically forfeit any alcohol beverage license or permit issued by the Town of Fulton without notice. Any person whose license or permit has been revoked under this chapter shall not be reissued a license or permit for a period of 12 months from the date of revocation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
The Town Board of the Town of Fulton may, by order, temporarily close any licensed or permitted premises during any civil disturbance, riot, labor disturbance, strike or other civil emergency declared by the Town Board of the Town of Fulton.
[Amended 6-13-2002]
A. 
Initial or renewal license. No initial or renewal license to sell alcohol beverages shall be granted to any person operating a premises in violation of this section nor shall any licensed premises be permitted to operate in violation of this section.[1]
[1]
Editor's Note: Original § 3(f)(5)(2), Definitions, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Applicability.
(1) 
This section shall apply to any licensed premises, except that this section shall not apply to the following:
(a) 
Rest rooms.
(b) 
Hotels.
(c) 
Motels.
(d) 
Campgrounds.
(e) 
Museums.
(f) 
Theaters.
(g) 
Other establishments whose main business is not as an adult-oriented establishment.
(2) 
Further, this section shall not apply to the display of inanimate artwork or to the display of television shows and/or movies that are not adult oriented and which is not adult entertainment as defined in this chapter.
C. 
Improper exhibitions. It shall be unlawful for any licensee, manager, employee or agent of the licensee to permit adult entertainment or to otherwise operate an adult-oriented establishment.
D. 
Penalty. Any licensee upon whose licensed premises a violation of any of the provisions of this section occurs or any person who violates any of the provisions of this section shall be subject to revocation, suspension or nonrenewal of his, her or its license as provided in this chapter. Any person who violates any of the provisions of this section shall be further subject to forfeitures as provided in Chapter 1, § 1-4 and Chapter 20, Citations, of this Code. A separate offense shall be deemed committed on each day on which a violation occurs or continues.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added 7-13-2000]
A. 
Any underage person who does any of the following is guilty of a violation:
(1) 
Procures or attempts to procure alcohol beverages from a licensee or permittee.
(2) 
Unless accompanied by a parent, guardian or spouse who has obtained the legal drinking age, possesses or consumes alcohol beverages on licensed premises.
(3) 
Enters, knowingly attempts to enter, or is on a licensed premises unless accompanied by his or her parent, guardian or spouse who has attained the legal drinking age for any purpose except the transaction of business pertaining to the licensed premises with or for the licensee or his or her employee. Business may not be amusement or the purchase, receiving or consumption of edibles or beverages or similar activities which normally constitute activities of a customer of the premises.
(4) 
Falsely represents his or her age for the purpose of receiving alcohol beverages from a licensee or permittee.
(5) 
Knowingly possesses or consumes alcohol beverages unless accompanied by his or her parent, guardian or spouse who has obtained the legal drinking age.
B. 
Any person convicted of violating any of the above provisions is subject to the penalties provided in Chapter 1, § 1-4 and Chapter 20, Citations, of this Code and/or suspension of the person's operating privilege as provided under Wisconsin Statutes or any combination of these penalties.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
As used in this section, the following terms shall have the meaning indicated:
DISORDERLY CONDUCT
Conduct in a public or private place that is violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly under circumstances in which the conduct leads to cause or provoke a disturbance.
FELONY
A crime punishable by imprisonment in the Wisconsin state prison system.
FOREIGN CORPORATION
A corporation not formed under the laws of the State of Wisconsin.
LICENSED PREMISES
Premises described in licenses issued by cities, villages or towns under their license authority.
OBSCENE
A writing, picture, sound recording or film which:
A. 
The average person, applying contemporary community standards, would find appeals to the prudent interest if taken as a whole;
B. 
Under contemporary community standards, describes or shows sexual conduct in a patently offensive way; and
C. 
Lacks serious literary, artistic, political, educational or scientific value, if taken as a whole.
PANDERING
To pimp; to cater to the gratification of the lust of another person.
PUBLIC FACILITY
An arena, coliseum, related exposition facility or center for the performing or visual arts.
SEXUAL CONDUCT
Any conduct or behavior relating to sexual activities of the complaining witness, including but not limited to prior experience or sexual intercourse or sexual contact, use of contraceptives, living arrangement and lifestyle.
[1]
Editor's Note: See also Ch. 1, § 1-6.