Town of Herman, WI
Dodge County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Herman at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]

§ 240-1 State statutes adopted.

The provisions of Ch. 125, Wis. Stats., relating to the sale of intoxicating liquor and fermented malt beverages, except provisions therein relating to penalties to be imposed, are hereby adopted by reference and made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made a part of this chapter in order to secure uniform statewide regulation of alcohol beverage control.

§ 240-2 Definitions.

As used in this chapter the terms "alcohol beverages," "intoxicating liquor," "principal business," "legal drinking age," "premises," "sell," "sold," "sale," "restaurant," "club," "retailer," "person," "fermented malt beverages" and "wholesaler" shall have the meaning given them by Ch. 125, Wis. Stats.

§ 240-3 License required.

No person, firm or corporation shall vend, sell, deal or traffic in or have in his/her 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 whatever, 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 provided by §§ 125.26, 125.27, 125.28 and 125.51, Wis. Stats.

§ 240-4 Classes of licenses.

A. 
Retail "Class A" intoxicating liquor license. A retail "Class A" intoxicating liquor license, when issued by the Town Clerk under the authority of the Town 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 Town Clerk under authority of the Town 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, to be consumed off the premises, except that wine may be sold in the original package or otherwise in any other quantity to be consumed off the premises.
C. 
Reserve "Class B" license. A reserve "Class B" license means a license that is not granted or issued by the Town on December 1, 1997, and that is counted under § 125.51(4)(br), Wis. Stats., which, if granted or issued, authorizes the 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 liters at any one time, to be consumed off premises, except that wine may be sold in the original package or otherwise in any other quantity to be consumed off the premises.
D. 
Class "A" fermented malt beverage retailer's license. A Class "A" fermented malt beverage retailer's license, when issued by the Town Clerk under the authority of the Town 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. Such license may be issued after July 1. The license shall expire on the following June 30.
E. 
Class "B" fermented malt beverage retailer's license.
(1) 
License. A Class "B" fermented malt beverage retailer's license, when issued by the Town Clerk under the authority of the Town 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. The holder may also sell beverages containing less than 0.5% of alcohol by volume without obtaining a special license to sell such beverages. Such license may be issued after July 1. The license shall expire on the following June 30.
(2) 
Application. Class "B" licenses may be issued to any person qualified under § 125.04(5), Wis. Stats. Such licenses may not be issued to any person acting as agent for or in the employ of another, except that this restriction does not apply to a hotel or restaurant which is not a part of or located on the premises of any mercantile establishment or to a bona fide club, society or lodge that has been in existence for at least six months before the date of application. A Class "B" license for a hotel, restaurant, club, society or lodge may be issued in the name of an officer who shall be personally responsible for compliance with this chapter. Except as provided in § 125.295, Wis. Stats., Class "B" licenses may not be issued to brewers or brewpubs. A Class "B" license may not be issued to a person holding a wholesaler's permit issued under § 125.28, Wis. Stats., or to a person who has a direct or indirect ownership interest in a premises operating under a wholesaler's permit issued under § 125.28, Wis. Stats.
F. 
Temporary Class "B" fermented malt beverage license.
(1) 
License. As provided in § 125.26(1) and (6), Wis. Stats., temporary Class "B" fermented malt beverage licenses may 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. A license issued to a county or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of fermented malt beverages from leased stands on the fairgrounds. The county or district fair to which the license is issued may lease stands on the fairgrounds to persons who may engage in retail sales of fermented malt beverages from the stands while the fair is being held. Such license is valid for dates as approved by the Town Board.
(2) 
Application. Application for such license shall be signed by the president or corresponding officer of the society or association making such application and shall be filed with the Town Clerk together with the appropriate license fee for each day for which the license is sought. Any person fronting for any group other than the one applied for shall, upon conviction thereof, be subject to a forfeiture of $200 and will be ineligible to apply for a temporary Class "B" license for one year. The license shall specify the hours and dates of license validity. The application shall be filed a minimum of 15 days prior to the meeting of the Town Board at which the application will be considered for events of more than three consecutive days. If the application is for a license to be used in a Town park, the applicant shall specify the main point of sale facility.
G. 
Temporary "Class B" wine license.
(1) 
License. Notwithstanding § 125.68(3), Wis. Stats., temporary "Class B" licenses may 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 wine in an original package, container or bottle or by the glass if the wine is dispensed directly from an original package, container or bottle 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. No fee may be charged to a person who, at the same time, applies for a temporary Class "B" beer license under § 125.26(6), Wis. Stats., for the same event. A license issued to a county or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of wine from leased stands on the fairgrounds. The county or district fair to which the license is issued may lease stands on the fairgrounds to persons who may engage in retail sales of wine from the stands while the fair is being held.
(2) 
Application. Application for such license shall be signed by the president or corresponding officer of the society or association making such application and shall be filed with the Town Clerk together with the appropriate license fee for each day for which the license is sought. Any person fronting for any group other than the one applied for shall, upon conviction thereof, be subject to a forfeiture of $200 and will be ineligible to apply for a temporary "Class B" wine license for one year. The license shall specify the hours and dates of license validity. The application shall be filed a minimum of 15 days prior to the meeting of the Town Board at which the application will be considered for events of more than three consecutive days. If the application is for a license to be used in a Town park, the applicant shall specify the main point of sale facility.
H. 
Retail "Class C" license.
(1) 
In this subsection, "barroom" means a room that is primarily used for the sale or consumption of alcohol beverages.
(2) 
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.
(3) 
A "Class C" license may be issued to a person qualified under § 125.04(5), Wis. Stats., 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 barrroom 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.
(4) 
A "Class C" license shall particularly describe the premises for which it is issued.

§ 240-5 License fees.

There shall be the following classes of licenses which, when issued by the Town Clerk under the authority of the Town Board after payment of the license fee and publication costs hereinafter specified, shall permit the holder to sell, deal or traffic in intoxicating liquors or fermented malt beverages as provided in § 240-4 of this chapter and Ch. 125, Wis. Stats.:
A. 
Class "A" fermented malt beverage retailer's license. The annual fee for this license shall be in accordance with the Town Board's current fee schedule The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.
B. 
Class "B" fermented malt beverage retailer's license.
(1) 
The annual fee for this license shall be in accordance with the Town Board's current fee schedule. This license may be issued at any time for six months in any calendar year, for which 50% of the applicable license fee shall be paid, but such license shall not be renewable during the calendar year in which issued. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.
(2) 
A Class "B" fermented malt beverages license may also be issued to bona fide clubs, 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 and at a meeting of the post. The fee for the license shall be as prescribed by the Town's fee schedule.
C. 
Temporary Class "B" fermented malt beverage license. The fee for this license shall be per event in accordance with the Town of Herman's current fee schedule.
D. 
Temporary "Class B" wine license. The fee for this license shall be per event in accordance with the Town's current fee schedule. However, there shall be no fee if the temporary wine license is obtained along with a temporary fermented malt beverage license.
E. 
"Class A" intoxicating liquor retailer's license. The annual fee for this license shall be in accordance with the Town's current fee schedule.
F. 
"Class B" intoxicating liquor retailer's license. The annual fee for this license shall be in accordance with the Town's current fee schedule. This license may be issued at any time for six months in any calendar year, for which 50% of the applicable license fee shall be paid, but such license shall not be renewable during the calendar year in which issued.
G. 
Reserve "Class B" licenses. The fee for this license shall be in accordance with the Town's current fee schedule.

§ 240-6 Application for license; quotas.

A. 
Contents. Application for a license to sell or deal in intoxicating liquor or fermented malt beverages shall be made in writing on the form prescribed by the Wisconsin Department of Revenue and shall be sworn to by the applicant as provided by §§ 887.01 to 887.03, Wis. Stats., and shall be filed with the Town Clerk not less than 15 days prior to the granting of such license. The premises shall be physically described, to include every room and storage space to be covered by the license, including all rooms not separated by a solid wall or joined by connecting entrances.
B. 
Corporations. Such application shall be filed and sworn to by the applicant, if an individual, or by the president and secretary if a corporation.
C. 
Publication. The Town Clerk shall publish each application for a Class "A," Class "B," "Class A" or "Class B" or "Class C" license. There is no publication requirement for temporary Class "B" picnic beer licenses under § 125.26, Wis. Stats., or temporary "Class B" picnic wine licenses under § 125.51(10), Wis. Stats. The application shall be published once in a newspaper, and the costs of publication shall be paid by the applicant at the time the application is filed, as determined under § 985.08, Wis. Stats.
D. 
Amending application. Whenever anything occurs to change any fact set out in the application of any licensee, such licensee shall file with the issuing authority a notice in writing of such change within 10 days after the occurrence thereof.
E. 
License quotas. Retail intoxicating liquor licenses issued by the Town Board shall be limited in number to the quota prescribed by state law.

§ 240-7 Qualifications of applicants and premises.

A. 
Residency requirements. A retail Class "A" or Class "B" fermented malt beverage or "Class A" or "Class B" or "Class B" reserve intoxicating liquor license shall be granted only to persons, or their agents, who are citizens of the United States and who have been residents of the State of Wisconsin and Dodge County continuously for at least 90 days prior to the date of the application.
B. 
Applicant to have malt beverage license. 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. 
Right to premises. No applicant will be considered unless he/she has the right to possession of the premises described in the application for the license period, by lease or by deed.
D. 
Age of applicant. Licenses related to alcohol beverages shall only be granted to persons who have attained the legal drinking age.
E. 
Corporate restrictions.
(1) 
No license or permit may be issued to any corporation unless the corporation meets the qualifications under § 125.04(5)(a)1 and 4 and (b), Wis. Stats., unless the agent of the corporation appointed under § 125.04(6) and the officers and directors of the corporation meet the qualifications of § 125.04(5)(a)1 and 3 and (b) and unless the agent of the corporation appointed under § 125.04(6) meets the qualification under § 125.04(5)(a)2. The requirement that the corporation meet the qualifications under § 125.04(5)(a)1 and (b) does not apply if the corporation has terminated its relationship with all of the individuals whose actions directly contributed to the conviction.
(2) 
Each corporate applicant shall file with its application for such license a statement by its officers showing the names and addresses of the persons who are stockholders together with the amount of stock held by such person or persons. It shall be the duty of each corporate applicant and licensee to file with the Town Clerk a statement of transfers of stock within 48 hours after such transfer of stock.
(3) 
Any license issued to a corporation may be revoked in the manner and under the procedure established in § 125.12, Wis. Stats., when more than 50% of the stock interest, legal or beneficial, in such corporation is held by any person or persons not eligible for a license under this chapter or under the state law.
F. 
Sales tax qualification. All applicants for retail licenses shall provide proof, as required by § 77.61(11), Wis. Stats., that they are in good standing for sales tax purposes (i.e., hold a seller's permit) before they may be issued a license.
G. 
Separate license required for each place of sale. A separate license shall be required for each stand, place, room or enclosure or for each suite of rooms or enclosures which are in a direct connection or communication where intoxicating liquor or fermented malt beverages are kept, sold or offered for sale, and no license shall be issued to any person, firm, partnership, corporation or association for the purpose of possession, selling or offering for sale any intoxicating liquors or fermented malt beverages in any dwelling house, flat or residential apartment.
H. 
Connecting premises. Except in the case of hotels, no person may hold both a "Class A" license and either a "Class B" license or permit, a Class "B" license or permit, or a "Class C" license for the same premises or for connecting premises. Except for hotels, if either type of license or permit is issued for the same or connecting premises already covered by the other type of license or permit, the license or permit last issued is void. If both licenses or permits are issued simultaneously, both are void.
I. 
Limitations on other business; Class "B" premises. No Class "B" license or permit may be granted for any premises where any other business is conducted in connection with the premises, except that this restriction does not apply if the premises for which the Class "B" license or permit is issued is connected to premises where other business is conducted by a secondary doorway that serves as a safety exit and is not the primary entrance to the Class "B" premises. No other business may be conducted on premises operating under a Class "B" license or permit. These restrictions do not apply to any of the following:
(1) 
A hotel.
(2) 
A restaurant whether or not it is a part of or located in any mercantile establishment.
(3) 
A combination grocery store and tavern.
(4) 
A combination sporting goods store and tavern in towns, villages and fourth class cities.
(5) 
A combination novelty store and tavern.
(6) 
A bowling alley or recreation premises.
(7) 
A club, society or lodge that has been in existence for six months or more prior to the date of filing application for the Class "B" license or permit.
(8) 
A movie theater.

§ 240-8 Investigation.

The Town Clerk shall notify an appropriate law enforcement agency, the Building Inspector, and the Fire Inspector of each new application, and these officials shall inspect or 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 Town Clerk in writing, who shall forward to the Town Board, the information derived from such investigation, accompanied by a recommendation as to whether a license should be granted or refused.

§ 240-9 Considerations for grant of license.

A. 
No license shall be granted for operation on any premises or with any equipment for which taxes, assessments, forfeitures or other financial claims of the Town of Herman are delinquent and unpaid.
B. 
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 Health Services applicable to restaurants. The premises must be properly lighted and ventilated, must be equipped with separate sanitary toilet and lavatory facilities equipped with running water for each sex and must conform to all ordinances of the Town.
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. 
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 Town Board, the Town 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 Town 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.

§ 240-10 Public hearing; notice of denial.

A. 
In the event the application is for a Class A or a Class B intoxicating liquor or fermented malt beverage license at a site not previously licensed under this chapter, the Town Clerk shall schedule public hearings before the Town Board on the granting of the license and shall notify all property owners situated in the block of the site for which the license is sought and all property owners within a radius of 300 feet of the proposed site of the dates of the hearings. The notice shall be given at least 10 days before the hearing and may be given by mail.
B. 
Opportunity shall be given by the governing body to any person to be heard for or against the granting of any license. Upon the approval of the applicant by the Town Board, the Town Clerk shall issue to the applicant a license, upon payment by the applicant of the license fee to the Town.
C. 
If the Town Board denies the license, the applicant shall be notified in writing, by registered mail or personal service, of the reasons for the denial. The notice shall also inform the applicant of the opportunity to appear before the Town Board and to provide evidence as to why the denial should be reversed. In addition, the notice shall inform the applicant that the reconsideration of the application shall be held in closed session, pursuant to § 19.85(1)(b), Wis. Stats., unless the applicant requests that such reconsideration be held in open session and the Town Board consents to the request. Such written notice shall be mailed or served upon the applicant at least 10 days prior to the Town Board meeting at which the application is to be reconsidered.

§ 240-11 Transfer and lapse of license.

A. 
In accordance with the provisions of § 125.04(12), Wis. Stats., a license shall be transferable from one premises to another if such transfer is first approved by the Town Board. An application for transfer shall be made on a form furnished by the Town Clerk. Proceedings for such transfer shall be had in the same form and manner as the original application. The fee for such transfer shall be in accordance with the Town's current fee schedule. Whenever a license is transferred, the Town Clerk shall forthwith notify the Wisconsin Department of Revenue of such transfer. In the event of the sale of a business or business premises of the licensee, the purchaser of such business or business premises must apply to the Town for reissuance of said license and the Town, as the licensing authority, shall in no way be bound to reissue said license to said subsequent purchaser.
B. 
Whenever the agent of a corporate holder of a license is for any reason replaced, the licensee shall give the Town Clerk written notice of said replacement, the reasons therefor and the new appointment. Until the next regular meeting or special meeting of the Town Board, the successor agent shall have the authority to perform the functions and be charged with the duties of the original agent. However, said license shall cease to be in effect upon receipt by the Town Clerk of notice of disapproval of the successor agent by the Wisconsin Department of Revenue or other peace officer of the municipality in which the license was issued. The corporation's license shall not be in force after receipt of such notice or after a regular or special meeting of the Town Board until the successor agent or another qualified agent is appointed and approved by the Town.

§ 240-12 Numbering and contents of licenses.

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.

§ 240-13 Posting licenses; defacement.

A. 
Every person licensed in accordance with the provisions of this chapter shall immediately post such license and keep the same posted while in force in a conspicuous place in the room or place where said beverages are drawn or removed for service or sale.
B. 
It shall be unlawful for any person to post such license or to be permitted to post it upon premises other than those mentioned in the application or knowingly to deface or destroy such license.

§ 240-14 Conditions of license.

All retail Class "A," Class "B," "Class A" and "Class B" licenses granted hereunder shall be granted subject to the following conditions, and all other conditions of this chapter, and subject to all other ordinances and regulations of the Town applicable thereto:
A. 
Consent to entry. Every applicant procuring a license thereby consents to the entry of police or other duly authorized representatives of the Town at all reasonable hours for the purpose of inspection and search, and consents to the removal from said premises of all things and articles there had in violation of Town ordinances or state laws, and consents to the introduction of such things and articles in evidence in any prosecution that may be brought for such offenses.
B. 
Disorderly conduct prohibited. Each licensed premises shall, at all times, be conducted in an orderly manner, and no disorderly, riotous or indecent conduct shall be allowed at any time on any licensed premises.
C. 
Licensed operator on premises. There shall be upon premises operated under a "Class B" or Class "B" or "Class C" license, at all times, the licensee, members of the licensee's immediate family who have attained the age of 18 pursuant to §§ 125.32(2) and 125.68(2), Wis. Stats., and/or some person who shall have an operator's license and who shall be responsible for the acts of all persons serving as waiters, or in any other manner, any fermented malt beverages to customers. No person other than the licensee shall serve fermented malt beverages in any place operated under a "Class B," Class "B" or "Class C" license unless he/she possesses an operator's license or there is a person with an operator's license upon said premises at the time of such service.
D. 
Health and sanitation regulations. The rules and regulations of the State Department of Health Services governing sanitation in restaurants shall apply to all "Class B" liquor or "Class C" licenses issued under this chapter. No "Class B" or "Class C" license shall be issued unless the premises to be licensed conforms to such rules and regulations.
E. 
Credit prohibited. No retail Class "A," Class "B," "Class A" or "Class B" liquor or fermented malt beverage or "Class C" wine licensee shall sell or offer for sale any alcohol beverage to any person or persons by extending credit, except hotel credit extended to a resident guest or a club to a bona fide member. It shall be unlawful for such licensee or permittee to sell alcohol beverages to any person on a passbook or store order or to receive from any person any goods, wares, merchandise or other articles in exchange for alcohol beverages.
F. 
Licensee or permittee responsible for acts of help. A violation of this chapter by a duly authorized agent or employee of a licensee or permittee under this chapter shall constitute a violation by the licensee or permittee. Whenever any licensee or permittee under this chapter shall violate any portion of this chapter, proceedings for the suspension or revocation of the license or permit of the holder thereof may be instituted in the manner prescribed in this chapter.
G. 
Improper exhibitions. It shall be unlawful for any person to perform or for any licensee or manager or agent of the licensee to permit any employee, entertainer or patron to engage in any live act, demonstration, dance or exhibition on the licensed premises which:
(1) 
Exposes his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
(2) 
Exposes any device, costume or covering which gives the appearance of or simulates genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
(3) 
Exposes any portion of the female breast at or below the areola thereof; or
(4) 
Engages in or simulates sexual intercourse and/or any sexual contact, including the touching of any portion of the female breast or the male and/or female genitals.
H. 
Indoor pyrotechnic displays prohibited. No indoor pyrotechnic display or fireworks display of any kind is allowed in the licensed premises, nor any unlicensed property attached to the licensed premises.

§ 240-15 Closing hours.

Closing hours shall be established in conformance with §§ 125.32(3) and 125.68(4), Wis. Stats., and further restricted as follows:
A. 
Class B licenses.
(1) 
No premises for which a retail "Class B" liquor or Class "B" fermented malt beverage license or "Class C" wine license has been issued shall be permitted to remain open for the sale of liquor or fermented malt beverages or for any other purpose between the hours of 2:00 a.m. and 6:00 a.m., Monday through Friday, and 2:30 a.m. and 6:00 a.m., Saturday and Sunday. There shall be no closing hours on January 1.
(2) 
Hotels and restaurants, the principal business of which is the furnishing of food or lodging to patrons, bowling alleys, 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 liquor or malt beverages during the closing hours of Subsection A(1) above.
B. 
Carry-out hours. Between 9:00 p.m. and 6:00 a.m., no person may sell, remove, carry out or permit to be removed or carried out from any premises having a "Class A" license intoxicating liquor in original unopened packages, containers or bottles or for consumption away from the premises. Per §§ 125.32(3) and 125.68(4), Wis. Stats., fermented malt beverage sales are permitted until 12:00 midnight.

§ 240-16 Restrictions on temporary fermented malt beverage or wine licenses.

It shall be unlawful for any person or organization on a temporary basis to sell or offer to sell any alcohol beverage upon any Town-owned property or privately owned property within the Town of Herman except through the issuance of a temporary Class "B" fermented malt beverage license or temporary "Class B" wine license issued by the Town Board in accordance with the Wisconsin Statutes and as set forth in this section. A temporary Class "B" fermented malt beverage license or temporary "Class B" wine license authorizing the sale and consumption of beer and/or wine on Town-owned property or privately owned property may be authorized by the Town Board provided the following requirements are met:
A. 
Compliance with eligibility standards. The organization shall meet the eligibility requirements of a bona fide club, association, lodge or society as set forth in § 125.26(6), Wis. Stats., and shall fully comply with the requirements of this section. Members of an organization which is issued a temporary license and who are issued operators' licenses for the event shall attend a pre-event informational meeting to learn what rules and regulations apply and what the responsibilities of the bartenders and organization will be.
B. 
Posting of signs and licenses. All organizations issued a temporary license shall post in a conspicuous location at the main point of sale and at all remote points of sale a sufficient number of signs stating that no fermented malt beverage shall be served to any underage person without proper identification.
C. 
Fencing. If necessary due to the physical characteristics of the site, the Town Board may require that organizations install a double fence around the main point of sale to control ingress and egress and continually station a licensed operator, security guard or other competent person at the entrance for the purpose of checking age identification. Where possible, there shall be only one point of ingress and egress. When required, the double fence shall be a minimum of four feet high and a minimum of six feet between fences.
D. 
Underage persons prohibited. No underage persons as defined by the Wisconsin Statutes shall be allowed to assist in the sale of fermented malt beverages or wine at any point of sale, except a person holding an operator's license, nor shall they be allowed to loiter or linger in the area of any point of sale.
E. 
Licensed operator requirement. A licensed operator shall be stationed at all points of sales at all times.
F. 
Waiver. The Town Board may waive or modify the requirements of this section due to the physical characteristics of the licensed site.
G. 
Insurance. The applicant for a temporary fermented malt beverage or wine license may be required to indemnify, defend and hold the Town and its employees and agents harmless against all claims, liability, loss, damage or expense incurred by the Town on account of any injury to or 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 with the Town of Herman. The applicant may be required to furnish a performance bond prior to being granted the license.

§ 240-17 Business continuation as condition of license.

A. 
It shall be a condition of maintaining and keeping an alcohol beverage license in the Town of Herman that the licensee continue to actively, regularly utilize such license for the purpose issued. Issuance of, or retention of, a license by a party not actively doing business or intending to resume doing business under conditions of this chapter, as defined as follows, is declared to be against public policy and thus lacking in usefulness.
B. 
Any license issued pursuant to this chapter shall be subject to such further regulations and restrictions as may be imposed by the Herman Town Board by amendments or by the enactment of new ordinances. If any licensee shall fail or neglect to meet the requirements imposed by such law restrictions and regulations, his/her license may be revoked in accordance with this chapter. In the event of revocation of any license for any violations of any provisions of this chapter, or by the court for any reasonable cause except the imposition of new restrictions, no refund shall be made of any part of the license fee.
C. 
Business continuation of a license is hereby defined to mean as follows: should a license issued under this chapter not be used within 60 days after its issuance and/or adoption of this chapter, such situation may be grounds for cancellation of the license in accordance with the provisions of this section. In addition, all persons issued a license to sell alcohol beverages in the Town for which a quota exists limiting the number of such licenses that may be issued by the Town shall cause such business described in such license to be operated on the premises described in such license for at least 150 days during the term of such license, unless such license is issued for a term of less than 180 days, in which event this subsection shall not apply.
D. 
Holders of such licenses are required to possess the following: a premises (facility) from which to conduct business, sanitary permit, building permits, and conditional use permits when required in accordance with Chapter 384, Zoning, of this Code and/or the Dodge County Shoreland Protection Ordinance, and meet any other requirements under the provisions of Dodge County ordinances. Further, holders of such licenses must possess necessary federal identification numbers and State of Wisconsin sales tax numbers and shall meet and continue to meet on an ongoing basis all other state and federal requirements. Approval by the Town of Herman Town Board must also be obtained.
E. 
Exceptions to these requirements to continue to possess a necessary license would be any act of God which may damage or destroy the facility for which the license has been issued to operate the business from. In such cases, the holder of the license will be allowed a maximum of one year to repair damages or rebuild the damaged or destroyed facility and again resume operating the business from the premises for which the license issued was intended. The holder of a license of a damaged or destroyed business shall also be required to meet with the Town Board at that Board's discretion to discuss the situation and progress. Again, the Board reserves the right to revoke such license if, in its opinion, progress toward repair or rebuilding is not progressing in a timely manner. In such cases, the holder of the license has the express right to request a hearing and any other appeal avenues which may be available to the license holder.
F. 
In the event any licensed party violates this chapter, disciplinary action may be taken by the Town Board, including reprimand, suspension of the license for a specified number of days (maximum of 90 days), or revocation of the license. Any license that has been revoked shall not be reinstated within the following six months. Any disciplinary action taken shall follow notice to the licensee prior to a hearing. Both the hearing notice, which will specify the reason for the hearing, and the subsequent decision of the Board will be sent by first-class mail to the last known address of the licensee or personally served, at the option of the Town Chairperson.
G. 
In the event disciplinary action is taken against a licensee, the state procedure mandated under present § 125.12, Wis. Stats., or its successor, will be followed. At present, said procedure requires personal service of the hearing notice (summons and complaint) and a hearing within three to 10 days thereafter.
H. 
As specified by law, there shall be no refund of any license fee paid to a party whose license is revoked.
I. 
In lieu of a hearing, the Town Board may accept surrender of the license, and the Town Board shall then determine the time period before another application for the same type of license will be accepted from the former licensee.
J. 
Evidence and testimony at the hearing shall be done in open session. Pursuant to § 19.85(1)(a), Wis. Stats., the Board may go into closed session to deliberate with regard to its decision, where that possibility and option have been properly and legally listed on the hearing notice posted and/or published. The Town Clerk shall see that the hearing notice is posted and/or published in a format acceptable to the Town Chairperson.

§ 240-18 Suspension or revocation of license.

A. 
Procedure.
(1) 
The Town of Herman shall follow the procedure outlined in § 125.12, Wis. Stats., when taking suspension/revocation action against any alcohol beverage license issued by the Town Board.
(2) 
If the action is initiated by a citizen or a Board member, the Town Board may take immediate action and upon notice hold a hearing under § 125.12, Wis. Stats.
(3) 
If the action results from the arrest of a license holder, or agent thereof, and upon conviction in Circuit Court, the Town Board shall hold a hearing under § 125.12, Wis. Stats., for all second and subsequent convictions.
B. 
Penalties.
(1) 
All actions being affirmed by the Town Board, or any conviction under Ch. 125, Wis. Stats., in Circuit Court against an alcohol beverage license holder, shall be considered as a violation under this section.
(2) 
Violations shall be counted from date of said violation and shall accrue for a period of 36 months.
(3) 
All actions where the complaint is found true by the Town Board shall result in the following penalties:
(a) 
First action approved by the Board shall result in a minimum ten-day to a maximum nineteen-day suspension.
(b) 
Second action approved by the Board shall result in a minimum twenty-day to a maximum twenty-nine-day suspension.
(c) 
Third action approved by the Board shall result in a minimum thirty-day to a maximum forty-day suspension.
(d) 
Fourth action approved by the Board shall result in a twelve-month revocation.

§ 240-19 Violations and penalties.

A. 
Forfeitures for violations of §§ 125.07(1) through (4) and 125.09(2), Wis. Stats., adopted by reference in § 240-1 of this chapter, shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable state statute, including any variations or increases for subsequent offenses.
B. 
Any person who shall violate any provision of this chapter, except as otherwise provided in Subsection A herein, or who shall conduct any activity or make any sale for which a license is required without a license, shall be subject to a forfeiture as provided in § 1-4 of this Code.
C. 
Nothing herein shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the Wisconsin Statutes.