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Village of Sauk City, WI
Sauk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Sauk City as Chs. 5.01 and 5.02 of the 1970 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Dance halls — See Ch. 140.
Minors — See Ch. 211.
Nonintoxicating beverages — See Ch. 219.
Nuisances — See Ch. 224.
Parks and recreation — See Ch. 234.
Peace and good order — See Ch. 239.
The provisions of Ch. 125 and §§ 938.344 and 778.25, Wis. Stats., relating to the sale of intoxicating liquor and fermented malt beverages, are adopted as a portion of this chapter so far as applicable, except as otherwise lawfully provided by the Village Code. Any act required to be performed or prohibited by any statute incorporated herein is required or prohibited by this chapter. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to made a part of this chapter.
No person, firm or corporation shall vend, sell, deal, or traffic in or have in his possession with intent to vend, sell, deal or traffic in or, for the purpose of evading any law or ordinance, give away any intoxicating liquor or fermented malt beverage in any quantity whatsoever, 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 so exempted by the Wisconsin Statutes. No license or permit may be issued to any person except as provided in this chapter, and any license or permit issued in violation of this chapter is void.
A. 
Retail "Class A" intoxicating liquor license. A retail "Class A" intoxicating liquor license, when issued by the Village Administrator and approved by the Village Board, shall permit its holder to sell, deal and traffic in intoxicating liquors only in original packages or containers and to be consumed off the premises so licensed.
B. 
Retail "Class B" intoxicating liquor license. A retail "Class B" intoxicating liquor license, when issued by the Village Administrator and approved by the Village Board, shall permit its holder to sell, deal and traffic in intoxicating liquors to be consumed by the glass only on the premises so licensed, and in the original package or container, in multiples not to exceed four liters at any one time, and to be consumed off premises. 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. 
Class "A" fermented malt beverage retailer's license. A Class "A" fermented malt beverage retailer's license, when issued by the Village Administrator and approved by the Village Board, shall entitle the holder thereof to possess, sell, or offer for sale fermented malt beverages only for consumption away from the premises where sold and in the original packages, containers, or bottles.
D. 
Class "B" fermented malt beverage retailer's license. A Class "B" fermented malt beverage retailer's license, when issued by the Village Administrator and approved by the Village Board, shall entitle the holder thereof to possess, sell, or offer for sale fermented malt beverages to be consumed either upon the premises where sold or away from such premises. Persons holding a Class "B" license may sell beverages containing less than 0.5% of alcohol by volume without obtaining a license to sell such beverages.
E. 
Wholesaler's license. A wholesaler's fermented malt beverage license, when issued by the Village Administrator and approved by the Village Board, shall entitle the holder thereof to possess, sell or offer for sale fermented malt beverages only in original packages or containers to dealers, not to be consumed in or about the premises of said wholesaler.
F. 
Special Class "B" fermented malt beverage gathering license. A special Class "B" gathering license, when issued by the Village Administrator and approved by the Village Board, as specifically provided for in § 125.26(6), Wis. Stats., shall entitle the holder thereof to possess, sell, or offer for sale fermented malt beverages at a particular picnic, post meeting, fair, or similar gathering. Such license may be issued only to bona fide clubs, state, county or local fair associations or agricultural societies, lodges or societies that have been in existence for not less than six months prior to the date of application for such license, or to posts of veterans' organizations. The license shall specify the hours and the dates of license use and shall further provide the name, address and any other information needed in order to ascertain the person who shall be held responsible.[1]
[1]
Editor's Note: Original § 5.01.03G, Pharmacists' permits, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Fees for licenses issued under this chapter shall be set from time to time by the Village Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The provisions of § 125.04, Wis. Stats., relating to the qualifications for licenses for natural persons and corporations, are hereby adopted by reference as if fully set forth herein. In addition thereto, the following shall apply:
A. 
Right to premises. No applicant shall be considered unless he has the right to possession of the premises described in the application for the license period by lease or by deed. Evidence of such right shall be submitted upon filing the application.
B. 
Separate licenses. A separate license shall be required for each business premises where intoxicating liquor or fermented malt beverages are kept, sold or offered for sale.
C. 
Investigation. The Village Administrator shall notify the Chief of Police, Fire Inspector, and Building Inspector of each new application and these officers and officials shall inspect and cause to be inspected each application and the premises together with such other investigation as shall be necessary to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto, including those governing sanitation in restaurants, and whether the applicant is a proper recipient of a license. These officials shall furnish to the Village Board in writing the information derived from such investigation and accompanied by a recommendation as whether a license should be granted or refused. No license shall be renewed without a reinspection of the premises and a reinvestigation and the reports as originally required.
D. 
Factors and approval. In determining the suitability of an applicant, the following shall apply:
(1) 
Consideration shall be given to the moral character and financial responsibility of the applicant, the appropriateness of the location and premises proposed, and generally the applicant's fitness for the trust to be granted.
(2) 
No license shall be granted for operation on any premises or with any equipment for which taxes or assessments or other financial claims of the Village are delinquent and unpaid.
(3) 
No license shall be issued unless the premises conforms to the sanitary, safety and health requirements of the State Building Code and the regulations of the State Department of Commerce and the Village Code.
E. 
Opportunity to be heard. Opportunity shall be given by the governing body to any person to be heard for or against the granting of any license. Upon approval of the applicant by the Village Board, the Village Administrator shall issue the applicant a license, upon payment by the applicant of the appropriate license fees.
A. 
General conditions. Groups that have been granted a special Class "B" fermented malt beverage license shall comply with the following conditions of the license:
(1) 
There shall be at least one person properly licensed as an operator under the provisions of this Code on the premises at all times to supervise the service of beverages.
(2) 
License holders shall fully comply with all provisions of this Code and the State of Wisconsin Statutes.
(3) 
License holders shall provide suitable facilities for both indoor and outdoor events, including adequate sanitary facilities to accommodate the size of the group.
(4) 
A special Class "B" fermented malt beverage license shall be posted in a conspicuous place.
(5) 
The applicant for a special Class "B" fermented malt beverage license may be required to indemnify, defend, and hold the Village and its employees and agents harmless against all claims, death of any person, or any damage to property caused by or resulting from the activities for which the license 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 to the Village Board. The applicant may also be required to furnish a performance bond prior to being granted the license.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Regulations concerning special Class "B" licenses in parks.
(1) 
All organizations issued a license under this section shall post in a conspicuous location at the main point of sale facility and at all remote sales facilities a sufficient number of signs disclosing that no fermented malt beverage shall be served to any underage person or without proper age identification.
(2) 
All organizations shall install a double fence around the main point of sale facility to control ingress and egress and shall station a licensed operator or private security officer at the entrance after 9:00 p.m. for the purpose of checking age identification.
(3) 
The sale of fermented malt beverages from remote sites, that is other than the main point of sale facility, shall be prohibited after the hour of 9:00 p.m.
(4) 
No underage persons shall be allowed to assist in the sale of fermented malt beverages at any point of sale, nor shall they be allowed to loiter or linger in the area of any remote sale facility.
(5) 
A licensed operator shall be stationed at all points of sale at all times.
(6) 
All organizations shall comply with such other regulations as may be adopted by the Village Board by resolution from time to time.
[Amended 6-13-2006 by Ord. No. 2006-4]
A. 
Procedure. Whenever the holder of any license under this chapter violates any portion of this chapter, proceedings for the revocation of such license may be instituted in the manner and under the procedure established by Ch. 125, Wis. Stats., and the provisions therein relating to the granting of a new license shall likewise be applicable.
B. 
Automatic revocation. Any license issued under the provisions of this chapter shall stand revoked without further proceedings upon the conviction of a licensee or employee, agent, or representative thereof for a second offense under this chapter or for the violation of Ch. 125 or 139, Wis. Stats., or any other state or federal liquor or fermented malt beverage laws or for the single conviction of a felony.
C. 
Nonrenewal of licenses. Before renewal of any license issued under this chapter is refused, the licensee shall be given written notice of any charges or violations against him or the reasons proposed for nonrenewal and a copy for any proposed motion for nonrenewal and shall have an opportunity to be heard at a date and time specified within 30 days of such written notice. Such hearing shall take place before the entire Village Board.
D. 
Abandonment of premises. Any licensee holding a license to sell alcohol beverages who abandons such premises shall forfeit any right or preference he may have to the holding of or renewal of such license. Abandonment shall be sufficient grounds for revocation of any alcohol beverage license. The closing of the licensed premises for at least 90 days shall be prima facie evidence of an abandonment.[1]
[1]
Editor's Note: Original § 5.01.08, Revocation and suspension of licenses for nonpayment, which immediately followed this section, has been moved to Ch. 40, Finance and Taxation, § 40-9.
[Amended 10-14-2003 by Ord. No. 2003-4]
A. 
Operator's license required. There shall be upon the premises operated under a "Class A" or "Class B" intoxicating liquor license or Class "A" or Class "B" fermented malt beverage license at all times the licensee or some other person who shall have an operator's license and who shall be responsible for the acts of all persons serving or selling any intoxicating liquor or fermented malt beverages to customers. No person other than the licensee shall serve or sell fermented malt beverages or intoxicating liquor in any place operated under the Class "A," Class "B," "Class A" or "Class B" license unless he shall possess an operator's license or unless he shall be under the immediate supervision of the licensee or a person holding an operator's license who shall be upon the premises at the time of such service.
[Amended 6-13-2006 by Ord. No. 2006-4]
B. 
Procedure.
(1) 
The Village Board for the Village of Sauk City may issue an operator's license after an applicant has applied in writing, on forms generated by and obtained from the Village Administrator. License applications will be accepted only from those 18 years of age or older. These licenses will apply and be operative only in the Village limits of the Village of Sauk City.
(2) 
All applications are subject to an investigation by the Chief of Police and/or his designee. The Police Department 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. The purpose of the inquiry is to determine the applicant's arrest and conviction record. Based on such investigation, the Chief of Police and/or his designee shall recommend in writing to the Village Board approval or denial of the application. The Chief of Police will have his own criteria for approving or denying a license. A copy of this criteria will be available upon request.
(3) 
If it is the recommendation of the Chief of Police that the application be denied, such communication will be provided in writing and a specific listing of the reasons for denial given. An applicant who receives a recommendation of the Chief of Police that his or her application be denied may appear at a meeting with the Village Board. The Board will then make its decision whether or not the applicant will be approved for a license. The final decision is up to the Village Board. If it is the decision of the Board to grant the applicant a license, the Board then has the right to approve a license on a probationary term for one year and may request additional training or classes. In the event that the applicant commits any offenses which would be grounds for revocation of the license under Subsection D, the Village Board may revoke the applicant's probationary license immediately upon written notice to the applicant.
[Amended 6-13-2006 by Ord. No. 2006-4]
C. 
Fees. The fee for an operator's license and/or a renewal license shall be as provided in the Village Fee Schedule.
[Amended 6-13-2006 by Ord. No. 2006-4]
D. 
Revocation. Violation of any of the terms or provisions of state law or of this Code relating to alcohol violations, or any violations of either state or federal laws relating to alcohol offenses, or the conviction of a felony, shall be cause for revocation of the license.
E. 
Provisional license. A provisional license may be issued to an operator who has been approved by the Village Board but has not completed the alcohol awareness course. This license is good for 60 days. During that time the applicant must complete the course and get a copy of the certificate to the Village of Sauk City. The applicant will then be issued his regular operator's license. The fee for a provisional operator's license shall be set by the Village Board.
[Amended 6-13-2006 by Ord. No. 2006-4]
F. 
Duration. Except as otherwise provided, operator licenses issued under this section shall be valid for a period of two years and shall expire on the 30th day of June of the even numbered years.
[Added 3-30-2010 by Ord. No. 2010-1; amended 2-12-2019 by Ord. No. 2019-1]
G. 
Temporary operator's license. The Village of Sauk City may issue a temporary operator's license pursuant to the procedure set forth above provided that:
[Added 2-12-2019 by Ord. No. 2019-1]
(1) 
A temporary operator license may only be issued to operators employed by, or donating their services to, nonprofit corporations.
(2) 
No person may hold more than two licenses of this kind per year.
(3) 
The temporary operator license may only be valid for a period not to exceed 14 days and the period for which the temporary operator's license is valid shall be stated on the license.
[Added 7-27-2004 by Ord. No. 2004-3]
A. 
Findings.
(1) 
The Village Board of the Village of Sauk City 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.;
(2) 
The Village Board has authority under its general police powers set forth in § 61.34(1), 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;
(3) 
The Village Board recognizes it lacks authority to regulate obscenity in light of § 66.051(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;
(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;
(5) 
The Village Board recognizes that the United States 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;
(6) 
The governing body 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 Village of Sauk City;
(7) 
Among these secondary effects are the potential increase in prostitution and other sex-related offenses, as well as other crimes and offenses; the potential depreciation of property values in neighborhoods where bars and taverns featuring nude dancing exist; health risks associated with the spread of sexually transmitted diseases; and the potential for infiltration by organized crime for the purpose of unlawful conduct;
(8) 
The governing body desires to minimize, prevent and control these adverse effects and thereby protect the health, safety and general welfare of the citizens of the Village of Sauk City; protect 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 governing body 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:
(1) 
Shows his or her genitals, pubic area, vulva, anus, anal clef or cleavage with less than a fully opaque covering;
(2) 
Shows any portion of the female breast below a point immediately above the top of the areola; or
(3) 
Shows the covered male genitals in a discernibly turgid state.
C. 
Exemptions. The provisions of this section do 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 Village Board of the Village of Sauk City to sell alcoholic 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" license granted by the Village Board of the Village of Sauk City pursuant to Ch. 125, Wis. Stats.
E. 
Penalties. Any person, partnership, or corporation who or which violates any of the provisions of this section shall be subject to a forfeiture of not less than $100 and not more than $500 per violation. A separate offense and violation shall be deemed committed on each day on which a violation occurs and continues. In addition, violation of this section constitutes sufficient grounds for suspending, revoking, or not renewing an alcohol beverage license under § 125.12, Wis. Stats.
[Added 5-29-2012 by Ord. No. 2012-3]
A. 
Permit required for outdoor consumption. 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 Village Board. Outdoor consumption permits are a privilege, and no rights shall vest in the permit holder and may be revoked by the Village Board at any time, and the permits shall expire on June 30 of each year. Violation of any provisions of Ch. 125, Wis. Stats., or applicable provisions of this chapter shall be grounds for immediate revocation of the outdoor consumption permit by the Village Board.
B. 
Applications for outdoor consumption permits. All applicants for an outdoor consumption permit must hold a Class "B" or "Class B" license under this chapter. Each applicant shall accurately describe the outdoor area intended to be covered by the permit and shall indicate the nature of fencing, screening, or other measures intended to designate and provide control over the operation of the outdoor area.
C. 
Adjoining property owners to be notified of applications. All property owners within 150 feet of the boundaries of the outdoor area submitted by an applicant shall be notified of the application by first-class mail.
D. 
Limitations on issuance of outdoor consumption permits.
(1) 
No permit shall be issued for outdoor consumption if any part of the outdoor licensed area is within 100 feet of any area zoned for residential use, except for conditional residential uses or mixed uses within business districts.
(2) 
No permit shall be issued for an outdoor licensed area if the outdoor area is greater than 50% of the gross floor area of the adjoining licensed premises within the building.
(3) 
No permit shall be issued for an outdoor licensed area unless the applicant operates a restaurant in which the sale of alcohol beverages accounts for less than 50% of their gross receipts.
(4) 
No permit shall be issued for outdoor consumption if the outdoor area is not clearly designated and enclosed with a fence, wall, or other sufficient screening not less than three feet in height.
(5) 
No permits shall be issued unless the licensed premises conform to all applicable zoning ordinances.
E. 
Regulations of outdoor consumption areas.
(1) 
Every permit holder under this section shall comply with and enforce all provisions of Ch. 125, Wis. Stats., applicable to Class "B" and "Class B" licensed premises, except insofar as such provisions are clearly inapplicable. No person shall consume or possess any alcohol beverages on any unenclosed part of a licensed premises that is not described in a valid outdoor consumption permit.
(2) 
There shall be a licensed operator supervising the permitted outdoor area at all times the outdoor area is in operation.
(3) 
All other applicable state and local laws and ordinances shall be in full force and effect.