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.
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.
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.
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.
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.
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.
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.
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.
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.