A.
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.
A.
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 Clerk-Treasurer only to persons
18 years of age or older. Operators' licenses shall be operative only
within the limits of the Village.
B.
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.
Licenses issued under the provisions of this
chapter shall be valid for a period of one year and shall expire on
the 30th day of June of each year.
A.
Fee. The annual fee for an operator's license shall
be $30 for the term or part thereof. The fee for a provisional license
is included in the $30.
[Amended 3-13-2006]
B.
Provisional license. The Village Clerk-Treasurer may
issue provisional operators' 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 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 successful
completion of the approved program, 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 Clerk-Treasurer
shall provide an appropriate application form to be completed in full
by the applicant. The Village Clerk-Treasurer may revoke the provisional
license issued if he discovers that the holder of the license made
a false statement on the application.
A.
After the Village Board approves the granting of an
operator's license, the Village 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.
B.
Denial.
(1)
If the application is denied by the Village Board,
the Village 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.
(2)
If, upon reconsideration, the Board again denies the
application, the Village 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.
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.
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.
E.
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.
A.
Except as provided in Subsection B 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 vocational, technical and adult education district and that conforms to curriculum guidelines specified by the Board of Vocational, Technical and Adult Education or a comparable training course that is approved by the Educational Approval Board or unless the applicant fulfills one of the following requirements:
Each license issued under the provisions of
this chapter shall be posted on the premises whenever the operator
dispenses beverages or be in his possession, or the licensee shall
carry a license card.
Violation of any of the terms or provisions
of the state law or of this chapter relating to operators' licenses
by any person holding such operator's license shall be cause for revocation
of the license.
Pursuant to § 125.17(4), Wis. Stats.,
a temporary operator's license may be issued to a person under the
following terms and conditions:
A.
The applicant must be at least 18 years of age.
B.
The applicant must intend to use the license when
he is employed by, or donating his services to, nonprofit corporations.
C.
Only one license of this kind may be issued to any
applicant per year.
D.
The license shall be valid for any period from one
to 14 days. The period of time and the dates during which the license
is valid shall be stated on the license.
E.
There shall be a fee as set by the Village Board for
such license.
