Town of Ledgeview, WI
Brown County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Ledgeview as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-1-2004 by Ord. No. 2004-012]
The provisions of Ch. 125, Wis. Stats., defining and regulating the sale, procurement, dispensing and transfer of alcohol beverages, including provisions relating to persons under the legal drinking age, are adopted and made a part of this section by reference. A violation of any of such provisions shall constitute a violation of this section.
A. 
Except as provided by Wis. Stats. § 125.06, within the Town of Ledgeview no person shall sell, manufacture, rectify, brew or engage in any other activity for which this article or Wis. Stats. Ch. 125 requires a license, permit or other type of authorization without holding the appropriate license, permit or authorization as provided in this article. See Wis. Stats. § 125.04(1).
B. 
No license shall be issued to any person except as provided in this article. Any license issued in violation of this article is void.
C. 
Any person who violates this section shall be subject to a forfeiture pursuant to § 1-16B of this Code.
A. 
Application for a license to sell or deal in intoxicating liquor or fermented malt beverages shall be made in writing on forms prescribed by the Wisconsin Department of Revenue and filed with the Town Clerk at least 15 days prior to issuance. The application shall require all of the following information:
(1) 
A history of the applicant relevant to the applicant's fitness to hold a license or permit;
(2) 
The kind of license or permit for which the applicant is applying;
(3) 
The premises where alcohol beverages will be sold or stored, or both, shall be physically described, including every room and storage space to be covered by the license and including all rooms joined by connecting entrances or not separated by a solid wall;
(4) 
If the applicant is a corporation, the identity of the corporate officers and agent; if the applicant is a limited liability company, the identity of the company members or managers and agent;
(5) 
The applicant's trade name, if any; and
(6) 
Any other information required by this article.
B. 
The application shall be signed and sworn to by an oath or affidavit required or authorized by law taken before a notary public or Town clerk within the territory in which the officer is authorized to act and, when certified by the officer to have been taken before him or her, may be read and used in any court and before any officer, board or commission.
C. 
Prior to issuance of a license under this section, the Town Clerk shall publish notice of the application in the official Town newspaper. The publication shall be printed in a daily newspaper on three successive occasions or, if a weekly newspaper is utilized, it shall be printed at least once.
By July 15 of each year, the Clerk shall forward to the State Department of Revenue a list containing the name, address and trade name of each person holding a license issued under this section, except a Temporary Class "B" or operator's license.
Licenses related to alcohol beverages, issued to natural persons under this article, shall be issued only to persons who fulfill all of the following requirements. See Wis. Stats. § 125.04(5).
A. 
Do not have an arrest or conviction record, subject to Wis. Stats. §§ 111.321, 111.322, 111.335 and 125.12(1)(b);
B. 
Have been residents of this state continuously for at least 90 days prior to the date of application;
C. 
Have attained the legal drinking age;
D. 
Have submitted proof that the person to whom such license is to be issued is the holder of a seller's permit;
E. 
Have successfully completed within the two years prior to the date of application a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course that is approved by the department or the educational approval board. This subdivision does not apply to an applicant who held, or who was an agent, appointed and approved, of a corporation or limited liability company that held, within the past two years, a Class "A," "Class A," Class "B" or "Class B" license or an operator's license;
F. 
No license related to alcohol beverages shall, subject to Wis. Stats. §§ 111.321, 111.322, 111.335, be issued under this article to any person who has habitually been a law offender or has been convicted of a felony unless the person has been duly pardoned.
G. 
No corporation or limited liability company organized under the laws of this state, any other state or foreign country shall be issued any alcohol beverage license unless such corporation meets the requirements of Wis. Stats. § 125.04(6).
H. 
No licensee shall employ any underage person who does not have a valid operator's license to serve, sell, dispense or give away any alcohol beverage.
I. 
No club shall sell intoxicating liquors or fermented malt beverages except to members and guests invited by members.
No license for the sale of alcohol beverages shall be delivered to the applicant until the applicant pays the appropriate fee. See Wis. Stats. § 125.04(8).
Except for licensed public warehouses, a license shall be required for each location or premises where alcohol beverages are stored, sold or offered for sale. See Wis. Stats. § 125.04(9).
Every license or permit required under this section shall be framed and posted and at all times displayed as provided in Wis. Stats. § 125.04(10). No person shall post such license or permit any other person to post it upon premises other than those mentioned in the application, or knowingly deface or destroy such license.
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 and, unless sooner revoked, shall expire on June 30 thereafter except as otherwise provided by law.
A. 
No license shall be transferable as to licensee except as provided by Wis. Stats. § 125.04(12).
B. 
Licenses issued pursuant to this section may be transferred to another premises once during any license year as provided in Wis. Stats. § 125.04(12). Application for such transfer shall be made on blanks furnished by the State Department of Revenue. Proceedings for transfer shall be in the same manner and form as the original application. The fee for such transfer shall be $10.
The following classes and denominations of licenses shall be issued by the Town Clerk under the authority of the Ledgeview Town Board upon compliance with law and payment of the fee specified in the attached Fee Schedule, which when so issued shall permit the holder to sell, deal or traffic in alcohol beverages as provided in the referenced state statute. Except as otherwise provided in this section, the full license fee shall be charged for the whole or fraction of any year.
A. 
Class "A" fermented malt beverage retailer's license. See Wis. Stats. § 125.25. A Class "A" license authorizes retail sales of fermented malt beverages for consumption off the premises where sold and in original packages, containers and bottles.
(1) 
A license shall be issued after July 1 in any license year that shall expire on the following June 30. The fee for the license shall be prorated according to the number of months or fractions of months remaining until the following June 30.
B. 
"Class B" fermented malt beverage retailer's license. See Wis. Stats. § 125.26. A "Class B" license authorizes retail sales of fermented malt beverages to be consumed either on the premises where sold or off the premises.
(1) 
A license issued on or after July 1 in any license year shall expire on the following June 30. The fee for the license shall be prorated according to the number of months or fractions of months remaining until the following June 30.
(2) 
Six months. A "Class B" license shall be issued at any time for six months in any calendar year, for 50% of the applicable license fee. Such license shall not be renewable during the calendar year in which issued. See Wis. Stats. § 125.26(5).
(3) 
Temporary Class "B" license. Temporary Class "B" licenses shall be issued to bona fide clubs, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least six months before the date of application and to posts of veterans' organizations, authorizing the sale of fermented malt beverages at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. See Wis. Stats. § 125.26(6).
C. 
Retail Class "A" liquor license. A Class "A" license authorizes the retail sale of intoxicating liquor for consumption off the premises where sold and in original packages and containers. See Wis. Stats. § 125.51(2).
(1) 
A license issued on or after July 1 in any license year shall expire on the following June 30. The fee for the license shall be prorated according to the number of months or fractions of months remaining until the following June 30. See Wis. Stats. § 125.51 (9)(a).
(2) 
Licenses valid for six months shall be issued any time. The fee for such license shall be 50% of the annual license fee. The license shall not be renewed during the calendar year in which issued. See Wis. Stats. § 125.51(9)(b).
D. 
Retail "Class B" liquor licenses. A "Class B" license authorizes the retail sale of intoxicating liquor to be consumed by the glass only on the premises where sold and also authorizes the sale of intoxicating liquor in the original package or container, in multiples not to exceed four (4) liters at any one time, and to be consumed off the premises where sold. Wine, however, shall be sold for consumption off the premises in the original package or otherwise in any quantity. See Wis. Stats. § 125.51(3)(b).
(1) 
A license issued on or after July 1 in any license year shall expire on the following June 30. The fee for the license shall be prorated according to the number of months or fractions of months remaining until the following June 30. See Wis. Stats. § 125.51(9)(a).
(2) 
Licenses valid for six months shall be issued any time. The fee for such license shall be 50% of the annual license fee. The license shall not be renewed during the calendar year in which issued. See Wis. Stats. § 125.51(9)(b).
E. 
Retail "Class C" liquor licenses. 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. See Wis. Stats. § 125.51(3m).
(1) 
A "Class C" license may be issued to a person qualified under Wis. Stats. § 125.04(5) for a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts and which does not have a barroom or for a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts and which has a barroom in which wine is the only intoxicating liquor sold. A "Class C" license may not be issued to a foreign corporation, a foreign limited liability company or a person acting as agent for or in the employ of another.
(2) 
A "Class C" license shall particularly describe the premises for which it is issued.
F. 
Provisional Retail License. A provisional retail license shall be issued only to a person who has applied for a Class "A," Class "B," "Class A" or "Class B" license and authorizes only the activities that the type of retail license applied for authorizes. See Wis. Stats. § 125.185.
(1) 
A provisional retail license shall expire 60 days after its issuance or when the Class "A," Class "B," "Class A," or "Class B" license is issued to the holder, whichever is sooner. The Town Clerk who issued the provisional retail license shall revoke the license if he or she discovers that the holder of the license made a false statement on the application.
(2) 
The Town of Ledgeview Clerk shall not issue a provisional "Class B" license if the municipality's quota under § 125.51(4) prohibits the municipality from issuing a "Class B" license.
(3) 
No person shall hold more than one provisional retail license for each type of license applied for by the holder per year.
G. 
Operator's license. See Wis. Stats. § 125.17.
(1) 
Operator's licenses shall be granted to individuals by the Town for the purposes of complying with Wis. Stats. §§ 125.32(2) and 125.68(2).
(2) 
Operator's licenses are valid only within the Town.
(3) 
Operator's licenses shall be issued only on written application on forms provided by the Town Clerk.
(4) 
All operator's licenses issued shall expire on June 30 and shall be issued for one year or two years.
(5) 
The full license fee shall be charged for the whole or fraction of any year.[1]
[1]
Editor's Note: Former Subsection G(6), which immediately followed this subsection and included provisions on a provisional operator's license, was superseded 10-16-2007 by Ord. No. 2007-018. For current provisions, see Subsection H.
H. 
Provisional operator's license.
[Added 10-16-2007 by Ord. No. 2007-018]
(1) 
Purpose. This subsection allows for issuance of a provisional operator's license to those applying for a regular operator's license for the service or sale of alcoholic beverages. A provisional operator's license may only be issued to:
(a) 
Those persons that have not completed a responsible beverage service course. At the time of application, the applicant for a provisional operator's license must present proof that the applicant is enrolled in a training course under § 125.17(6), Wis. Stat.
(b) 
Those persons, who, at the time of application and payment for an operator's license, present a certified copy of a valid operator's license issued by another Wisconsin municipality.
(c) 
Those persons who, at the time of application and payment for an operator's license, meet the requisite training requirement and wish to commence work as an operator before the Board will be able to meet to decide their application.
(2) 
Eligibility. Each applicant must be at least 18 years of age, and have completed an application form supplied by the Town Clerk. All arrests and convictions of the applicant shall be disclosed on the application or an attached sheet.
(3) 
Term. The provisional operator's license shall be effective for 60 days from the date of issue, or until a regular operator's license is issued, whichever is sooner.
(4) 
Issuance. Upon written application for an operator's license, the Clerk shall conduct a record check for past crimes or arrests. If the applicant has no past crimes or arrests, the Clerk is authorized to issue a provisional operator's license to the applicant. The Town Board shall review the issuance of any such provisional operator's license at the next regularly scheduled Town Board meeting, reserving final approval authority. If the applicant does have an arrest or conviction record, the Town Board must determine whether the provisional operator's license will be issued.
(5) 
Fees. The fee for a provisional operator's license is $15 [not to exceed $15 pursuant to § 125.17(5)(c), Wis. Stat.].
(6) 
Revocation.
(a) 
The Clerk may revoke a provisional operator's license if:
[1] 
He or she discovers that the holder of the license made a false statement on the application for the license;
[2] 
He or she discovers that the operator license issued by the other Wisconsin municipality is not valid;
[3] 
The Town Board denies the person's application for a regular operator's license.
(b) 
Upon making the decision to revoke, the Clerk shall mail or have a written notice delivered to the license holder, notifying the person of the action taken, the reason(s) for such action, and the right to have a license review hearing before the Town Board, upon the applicant's request. When a request for a hearing is made, the Board shall follow the general procedures as set forth in § 125.12, Wis. Stat., although no complaint is required. The Clerk shall notify the licensee of the Board time scheduled for hearing the matter, by mail or hand delivery. Any mail notice in this subsection is sufficient if mailed via first class mail to the last known address of the licensee, in an envelope containing the return address of the Town Clerk. No request for a license review hearing is valid when received past the final day the provisional operator's license would have been effective.
A. 
If the Town has granted or issued a number of licenses equal to or exceeding its quota, the municipal governing body shall issue a license for any of the following:
(1) 
Full-service restaurant that has a seating capacity of 300 or more persons.
(2) 
A hotel that has 50 or more rooms of sleeping accommodations and that has either an attached restaurant with a seating capacity of 150 or more persons or a banquet room in which banquets attended by 400 or more persons shall be held.
B. 
The number of reserve "Class B" licenses authorized to be issued by the Town is calculated in the following manner:
(1) 
The number of unissued "Class B" liquor licenses is determined by subtracting the number of "Class B" liquor licenses actually issued by the Town as of December 1, 1997, from the number of such licenses the Town is authorized to issue based on the state quota established by Wis. Stats. § 125.5(4), utilizing the population of the Town as of December 1, 1997, as established by the Department of Administration under Wis. Stats. § 16.96(2) for purposes of revenue-sharing distribution.
(2) 
If the number of licenses is three or less, this number becomes the number of reserve "Class B" licenses the Town was authorized to issue as of December 1, 1997.
(3) 
If the number of licenses is four or higher, the following formula is used:
(a) 
Number of unissued "Class B" licenses;
(b) 
Subtract three from this number;
(c) 
Divide the remainder by two. If the result is a fraction, round down to the nearest whole number;
(d) 
Add three to the result. This is the total number of reserve "Class B" licenses authorized to be issued.
(4) 
One additional reserve "Class B" license is added per each increase of 500 population to the number of inhabitants in the previous year determined by the Department of Administration under Wis. Stats. § 16.96(2) for purposes of revenue-sharing distribution.
C. 
If territory containing premises covered by a license or reserve "Class B" license is annexed to a municipality and if the municipality's quota would not otherwise allow a license or reserve "Class B" license for the premises, the quota is increased to include the license or reserve "Class B" license of each premises in the annexed territory.
A. 
Except as provided under Wis. Stats. § 125.07(3)(a)10, no premises operated under a "Class A" or "Class B" license shall be open for business unless there is upon the premises either the licensee, the agent named in the license if the licensee is a corporation or limited liability company, or some person who has an operator's license and who is responsible for the acts of all persons selling or serving any intoxicating liquor to customers.
B. 
No person shall allow another to use his or her "Class A" or "Class B" license to sell alcohol beverages.
C. 
No retail "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 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 the premises covered by the license.
(1) 
This paragraph shall not apply to premises licensed as such on June 30, 1947; to any premises licensed as such prior to the occupation of real property within 300 feet thereof by any school, hospital or church building; or a restaurant located within 300 feet of a church or school.
(2) 
This paragraph applies only to restaurants in which the sale of alcohol beverages accounts for less than 50% of their gross receipts.
D. 
No applicant shall obtain a retail "Class B" license unless the premises complies with the rules promulgated by the State Department of Health and Family Services governing sanitation in restaurants and to all such ordinances and regulations adopted by the Town Board.
E. 
No license hereunder, except an operator's license, shall be granted to any person who has not attained the legal drinking age. Operator's licenses shall be issued only to applicants who have attained the age of 18.
F. 
No license shall be granted for any premises for which taxes, assessments or other claims of the Town are delinquent and unpaid, or to any person delinquent in payment of such claims, including unpaid forfeiture judgments, to the Town, unless such applicant shall make arrangements satisfactory to the Town Board to pay such debts before the expiration of the license.
[Amended 6-17-2014 by Ord. No. 2014-013]
G. 
No license shall be issued to any person for the purpose of possessing, selling or offering for sale any alcohol beverages in any dwelling house, flat or residential apartment.
H. 
No "Class B" alcohol beverage license shall be issued or renewed for a business which does not operate at least 104 days during the license year.
[Amended 4-7-2014 by Ord. No. 2014-004]
No premises for which an alcohol beverage license has been issued shall remain open for the sale of alcohol beverages:
A. 
Class "A" retailers may remain open for the conduct of their regular business but may not sell fermented malt beverages between the hours of 12:00 midnight and 6:00 a.m.
B. 
"Class A" retailers between the hours of 9:00 p.m. and 6:00 a.m.
C. 
"Class B" or Class "B" retailers: between the hours of 2:00 a.m. and 6:00 a.m. On Saturday and Sunday, between 2:30 a.m. and 6:00 a.m. On January 1, premises operating under a "Class B" license are not required to close.
D. 
Between 12:00 midnight and 6:00 a.m., no person shall sell intoxicating liquor on "Class B" licensed premises in an original unopened package, container or bottle or for consumption away from the premises.
E. 
Hotels and restaurants, the principal business of which is the furnishing of food, drinks or lodging to patrons, bowling centers, 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 intoxicating liquor during prohibited hours.
Each licensed and permitted premises shall at all times be conducted in an orderly manner, and no disorderly, riotous or indecent conduct or gambling (except as provided by state law) shall be allowed at any time on any such premises.
A. 
Whenever the holder of any license under this section violates any portion of this section, proceedings for the revocation or suspension of such license shall be instituted in the manner and under the procedure established by Wis. Stats. § 125.12, and the provisions therein relating to granting a new license shall likewise be applicable.
B. 
Twelve months shall elapse before another license shall be granted to a person whose license was revoked.
Before renewal of any license issued under this section is refused, the licensee shall be given written notice of any charges or violations or the reasons proposed for nonrenewal and a copy of any proposed motion for nonrenewal and shall have an opportunity to be heard before the Town Board.
A violation of this section by an authorized agent or employee of a licensee shall constitute a violation by the licensee.
[Amended 2-4-2013 by Ord. No. 2013-001; 8-5-2013 by Ord. No. 2013-005]
A. 
The following fee schedule shall apply to all alcohol beverage licenses issued by the Town of Ledgeview except for Reserve "Class B" licenses calculated under § 5-12B.
License
Fee
Class "A" fermented malt beverage retailer's license
$300
Class "B" fermented malt beverage retailer's license
$100
Retail "Class A" liquor license
$325
Retail "Class B" liquor license
$425
Retain "Class C" wine license
$100
Temporary "Class B"
$10
Provisional retail license
$15
Transfer of license
$10
Operator's license
$20, 1 year; $30, 2 years
Provisional operator's license
$15
B. 
Reserve "Class B" intoxicating liquor licenses. The fee for initial issuance of a reserve "Class B" intoxicating liquor license as under § 5-12B shall be $10,000 for initial issuance, except that the fee for the initial issuance of a reserve "Class B" intoxicating liquor license to a bona fide club or lodge situated and incorporated in the state for at least six years and for renewal of any reserve "Class B" intoxicating liquor license is the fee established in Subsection A.[1]
[1]
Editor’s Note: Former Subsection C, Economic development grants, which immediately followed this subsection, was repealed 11-7-2016 by Ord. No. 2016-019.
[Adopted 5-20-2008 by Ord. No. 2008-010]
No licensee shall permit the consumption of alcohol beverages on any part of the licensed premises not enclosed within the building, except under permit granted by the Town Board. The permits are a privilege in which no rights vest and therefore may be revoked by the Town Board pursuant to state statutes, or shall otherwise expire on June 30 of each year. No person shall consume or have in his or her possession alcohol beverages on any unenclosed part of a licensed premises which is not described in a valid beer garden permit.
Each applicant for a beer garden permit shall accurately describe the area intended for use as a beer garden and shall indicate the nature of fencing or other measures intended to provide control over the operation of the beer garden. It is the purpose of proper fencing in the beer garden area to prohibit or significantly restrict the ease in which alcoholic beverages may be passed from within the beer garden area to anyone outside the beer garden.
A. 
No permit shall be issued for a beer garden if any part of the beer garden is within 150 feet of a structure used for residential purposes, except residential uses located in the same structure as the licensed premises. This requirement may be waived at the discretion of the Town Board.
B. 
No permit shall be issued for a beer garden if the beer garden area is greater than 50% of the gross floor area of the adjoining licensed premises.
C. 
Every beer garden shall be completely surrounded by an attractive wall, fence or barrier not less than six feet in height. For open decks, lattice will be required from the deck floor to the railing. The gate(s) or exit(s) shall be three feet wide and the same height as that required of the beer garden fence, shall swing to egress, and shall swing free and clear of public sidewalks. The beer garden fence shall comply with all regulations regarding vision clearance along with required distance from corner. The beer garden fence shall contain the required fire exit(s) and shall be equipped with a locking system that meets fire codes.
D. 
Lighting of the area must be shielded and not be of intensity or brilliance to create glare which is distracting to adjoining property owners or can become a hazard or danger to vehicular traffic. No more than 5% of the light can leave the property.
E. 
No open flames may be displayed unless approved by the Town of Ledgeview Fire Department.
F. 
Amplified sound or music is permitted within the enclosed licensed premises only, not within the beer garden.
G. 
Use of the beer garden is prohibited after 10:00 p.m., at which time all access must be secured.
H. 
There shall be a licensed operator within the beer garden at all times the beer garden is in operation.
I. 
The beer garden shall be attached to the main business premises and access to the outdoor premises shall only be allowed through the main building.
J. 
All other Town ordinances, including those relating to littering, noise or drinking of intoxicants, where prohibited, shall be observed.
All applicable permits required shall be obtained and submitted along with a site plan for review and Town Board approval.
The beer garden shall be inspected annually by the Town of Ledgeview Building Inspector and the Fire Department.
The fee for a beer garden permit is required at time of application. The permit fee shall be $100 and shall have a term of one year commencing on July 1 and expiring June 30 of each year. If granted subsequent to July 1 in any given year, the permit shall expire on June 30 after issuance. The fee is nonrefundable.
All property owners within 150 feet of the premises in which the proposed beer garden is attached shall be notified of the pendency application for a beer garden permit by first class mail.
Every permittee under this article shall comply with and enforce all provisions of Ch. 125, Wis. Stats., applicable to Class "B" licensed premises, except insofar as such provisions are clearly inapplicable. Violation of the provisions of Ch. 125, Wis. Stats., shall be grounds for revocation of the beer garden permit by the Town Board.