[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.]
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]
Fees for licenses issued under this chapter
shall be set from time to time by the Village Board.
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]
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]
[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:
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)
[1]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.
(3)
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.
