[HISTORY: Adopted by the Village Board of the Village of
Trempealeau as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-2-1987 as Title 7, Ch. 2, of the 1987 Code]
The provisions of Chapter 125 of the Wisconsin Statutes, 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 article 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 article. Any future amendment, revisions or modifications
of the statutes incorporated herein are intended to be made a part
of this article in order to secure uniform statewide regulation of
alcohol beverage control.
As used in this article, the terms "alcohol beverages," "intoxicating
liquors," "sell," "sold," "sale," "restaurant," "club," "retailer,"
"person," "fermented malt beverages," "wholesalers," "premises," "barroom,"
"underage person," "wine," and "legal drinking age" shall have the
meaning given them by Chapter 125, Wisconsin Statutes.
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
whatever, or cause the same to be done, without having procured a
license as provided in this article nor without complying with all
the provisions of this article, and all statutes and regulations applicable
thereto, except as provided by §§ 125.26, 125.27, 125.28
and 125.51 of the Wisconsin Statutes.
A.
Retail "Class A" intoxicating liquor license. A retail "Class A"
intoxicating liquor license, when issued by the Village Clerk-Treasurer
under the authority of 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 Clerk-Treasurer
under authority of 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, 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" intoxicating liquor license. A reserve "Class B"
intoxicating liquor license are those licenses available under the
quota system existing before December 1, 1997. The number of reserve
"Class B" licenses available is determined by engaging in a series
of calculations described in §§ 125.51(4)(br)1., 125.51(4)(a)4.
[Amended 12-4-2006]
D.
Class "A" fermented malt beverage retailer's license. A Class "A"
retailer's fermented malt beverage license, when issued by the Village
Clerk-Treasurer under the authority of 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.
E.
Class "B" fermented malt beverage retailer's license. A Class "B"
fermented malt beverage retailer's license, when issued by the Village
Clerk-Treasurer under the authority of the Village Board, shall entitle
the holder thereof to possess, sell or offer for sale, fermented malt
beverages, either to be consumed upon the premises where sold or away
from such premises. The holder may also sell beverages containing
less than 1/2 of a percentum of alcohol by volume, without obtaining
a special license to sell such beverages.
F.
Special Class "B" fermented malt beverage picnic license.
(1)
License. A special Class "B" picnic license, when issued by the Village
Clerk-Treasurer under authority of the Village Board, as 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
fairs, 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 ex-servicemen's
organizations now or hereafter established. Such license is valid
for dates as approved by the Village Board. Irrespective of other
sections of this article, the Village Board is hereby authorized to
issue a fermented malt beverage license to any local civic, or any
local religious or any local not-for-profit organization pursuant
to this section.
(2)
Application. Application for such license shall be signed by the
President or corresponding officer of the society making such application
and shall be filed with the Village Clerk-Treasurer together with
the appropriate license fee for each day for which the license is
sought. Any person fronting for any group other than one applied for
shall, upon conviction thereof, be subject to a forfeiture of $200
and will be ineligible to apply for a special 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 Village Board at which the application will
be considered. Such license shall be valid for no more than three
consecutive days. If the application is for a license to be used in
a Village Park, the applicant shall specify the main point-of-sale
facility.[1]
G.
Wholesaler's license. A wholesaler's fermented malt beverage license,
when issued by the Village Clerk-Treasurer under authority of 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.
H.
"Class C" wine license. A "Class C" license, when issued by the Village
Clerk-Treasurer under the authority of the Village Board, authorizes
the retail sale of wine by the glass or in an opened original container
for consumption on the premises where sold. A "Class C" wine license
may be issued to a person qualified under § 125.04(5) for
a restaurant in which the sale of alcohol beverages accounts for less
than 50% of gross receipts and which does not have a barroom or for
a restaurant in which the sale of alcohol beverages accounts for less
than 50% of gross receipts and which has a barroom in which wine is
the only intoxicating liquor sold. No "Class C" wine license shall
be issued to a foreign corporation, a foreign limited liability company
or a person acting as agent for or in the employ of another. A "Class
C" license shall particularly describe the premises for which it is
issued.
I.
Provisional retail license. Under Wis. Stats. § 125.185,
municipal governing bodies that issue licenses for the retail sale
of fermented malt beverages, intoxicating liquors, or wine are authorized
to issue provisional retail licenses. Pursuant to Wis. Stats. § 125.185,
the Village Clerk-Treasurer is hereby designated as the municipal
official having authority to issue provisional retail licenses. The
Village Clerk-Treasurer shall collect a fee in the amount of $15 prior
to issuing any provisional retail licenses. In all other respects,
provisional retail licenses issued by the Village Clerk-Treasurer
shall be subject to the provisions of Wis. Stats. § 125.185.
[Amended 12-4-2006[1]]
There shall be the following classes and denominations of licenses
which, when issued by the Village Clerk-Treasurer under the authority
of the Village Board after payment of a fee as set by the Village
Board, shall permit the holder to sell, deal or traffic in intoxicating
liquors, wine or fermented malt beverages as provided in §§ 125.04(5),
(6); 125.185; 125.28(1)(a), (b), (d); 125.28(2); 125.25(1), (2), (4);
125.26(2); 125.17; 125.68(2); 125.32(2); 125.51(2); 125.51(3); or
125.51(3m), Wis. Stats.:
A.
Retail "Class A" intoxicating liquor license.
B.
Retail "Class B" intoxicating liquor license.
C.
Reserve "Class B" intoxicating liquor license: initial issuance fee
(one-time), plus annual "Class B" fee.
D.
Class "A" fermented malt beverage retailer's license.
E.
Class "B" fermented malt beverage retailer's license. Class "B" fermented
malt beverage retailer's license for brewers shall be pursuant to
§ 125.06(1), Wis. Stats.
F.
Special Class "B" fermented malt beverage picnic license.
G.
"Class C" wine license.
H.
Provisional retail license.
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 Village Clerk-Treasurer
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, by the President and secretary, of a corporation.
C.
Publication. The application shall be published once in the official
Village newspaper, and the costs of publication shall be paid by the
applicant.
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.[1]
E.
License quotas. No more than the number of licenses permitted under
Chapter 125, Wis. Stats., shall be granted by the Village.
A.
Residence requirements. A retail "Class A" or retail "Class B" fermented
malt beverage, retail "Class A" or "Class B" intoxicating liquor,
or "Class C" wine license shall be granted only to persons who comply
with the applicable residency requirements under Wis. Stat. § 125.04.
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 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. No Class "A," Class "B," "Class A," "Class B,"
or "Class C" licenses shall be granted to any underage person as defined
by the Wisconsin Statutes.
E.
Corporate restrictions.
(1)
No license shall be granted to any corporation which does not comply
with the provisions of § 125.04(6), Wis. Stats., which does
not have an agent eligible for a license under this article or under
state law, or which has more than 50% of the stock interest, legal
or beneficial, in such corporation held by any person or persons not
eligible for a license under this article or under the state law.
(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 Village Clerk-Treasurer 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 article or under the state law.
F.
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.[1]
The Village Clerk-Treasurer shall notify a Village Police Officer
and the Chief, the Assistant Chief, or a member of the Fire Department
designated by the Chief or the Assistant Chief to conduct inspections
for 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 Village Clerk-Treasurer
in writing, who shall forward to the Village Board, the information
derived from such investigation, accompanied by a recommendation as
to whether a license should be granted or refused. No license shall
be renewed without a reinspection of the premises and report as originally
required. Inspections may be conducted at any time during business
hours following submission of an application for a license. No official
conducting an inspection shall be denied access to any portion of
the premises or property. If an applicant for a license, in any manner,
denies access to an inspection official, such action shall be reflected
in the inspection report to the Village Board. Furthermore, it shall
be a condition of any license hereunder that the licensed premises
may be entered and inspected at any reasonable hour by any police
officer of the Village of Trempealeau without warrant.
A.
In determining the suitability of an applicant, 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 reposed.
B.
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.
C.
No license shall be issued unless the premises conform to the sanitary,
safety and health requirements of the State Building Code, and the
regulations of the State Department of Health Services and local Board
of Health 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 Village.
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 Village Board, the Village Clerk-Treasurer
shall issue to the applicant a license, upon payment by the applicant
of the license fee to the Village. The full license fee shall be charged
for the whole or fraction of any year.
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 Village Board. An application
for transfer shall be made on a form furnished by the Village Clerk-Treasurer.
Proceedings for such transfer shall be had in the same form and manner
as the original application. The fee for such transfer shall be as
set by the Village Board. Whenever a license is transferred, the Village
Clerk-Treasurer 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 Village for reissuance of said
license to said subsequent purchaser.[1]
B.
Whenever the agent of a corporate holder of a license is for any
reason replaced, the licensee shall give the Village Clerk-Treasurer
written notice of said replacement, the reasons therefor and the new
appointment. Until the next regular meeting or special meeting of
the Village 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 Village Clerk-Treasurer 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 Village Board until the successor
agent or another qualified agent is appointed and approved by the
Village and the Wisconsin Department of Revenue.
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.
A.
Every person licensed in accordance with the provisions of this article
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.
All retail Class "A," "B," "Class A," "Class B," or/and "Class
C" licenses granted hereunder shall be granted subject to the following
conditions, and all other conditions of this section, and subject
to all other ordinances and regulations of the Village 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 Village 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 Village 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.
Employment of minors. No retail Class "B," or "Class B," or "Class
C" licenses shall employ any underage person, as defined in the Wisconsin
Statutes, except as otherwise authorized by §§ 125.32
and 125.68, Wis. Stats., but this shall not apply to hotels and restaurants.
Family members may work on the licensed premises, but are not permitted
to sell or dispense alcohol beverages.[1]
C.
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.
D.
Licensed operator on premises. There shall be upon premises operated
under a Class "B," "Class B" or "Class C" license, at all times, the
licensee, members of the licensee's immediate family who have attained
the legal drinking age, 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 or
wine to customers. No person other than the licensee shall serve fermented
malt beverages or wine in any place operated under a Class "B," "Class
B," or "Class C" license unless he possesses an operator's license,
or there is a person with an operator's license upon said premises
at the time of such service.
E.
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 licenses issued under this article.
No "Class B" license shall be issued unless the premises to be licensed
conform to such rules and regulations.
F.
Restrictions near schools and churches. No retail Class "A," Class
"B," "Class A," "Class B," and/or "Class C" license shall be issued
for premises, the main entrance of which is less than 300 feet from
the main entrance of any established public school, parochial school,
hospital or church. Such distance shall be measured by the shortest
route along the highway from the closest point of the main entrance
of such school, church or hospital to the main entrance to such premises.
This subsection shall not apply to premises licensed as such prior
to the occupation of real property within 300 feet thereof by any
school building, hospital building or church building.
G.
Clubs. No club shall sell or give away any intoxicating liquors except
to bona fide members and guests invited by members.
H.
Gambling prohibited. No gambling or game of chance of any sort shall
be permitted in any form upon any premises licensed under this article
or the laws of the State of Wisconsin.
I.
Credit prohibited. No retail Class "A," Class "B," "Class A," "Class
B," and/or "Class C" liquor or fermented malt beverage 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 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, ware, merchandise
or other articles in exchange for alcohol beverages.
J.
Licensee or permittee responsible for acts of help. A violation of
this article by a duly authorized agent or employee of a licensee
or permittee under this article shall constitute a violation by the
licensee or permittee. Whenever any licensee or permittee under this
article shall violate any portion of this article, proceedings for
the suspension or revocation of the license or permit of the holder
thereof may be instituted in the manner prescribed in this article.
K.
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.
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 and Class "B" fermented
malt beverage 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. on Saturday and Sunday.
There are no closing hours on January 1.
(2)
Hotels and restaurants, whose principal business is the furnishing of food or lodging to patrons, shall be permitted to 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.
(3)
The licensee or permittee and one employee shall be permitted to
check out receipts, check the licensed premises for security and do
minor cleaning during closed times. Under no circumstances shall the
consumption of alcohol beverages be permitted after closing time.
Commercial janitorial service personnel shall be allowed to enter
the licensed premises for the purpose of cleaning during closed hours.
The premises shall be well lighted during cleanup. Prior approval
must be requested and granted by the Village Board or its designee
for any variance of the above exigent circumstances.
It shall be unlawful for any person or organization on a temporary
basis to sell or offer to sell any alcohol beverage upon any Village-owned
property or privately owned property within the Village of Trempealeau,
except through the issuance of a temporary Class "B" permit issued
by the Village Board in accordance with Wisconsin State Statutes as
set forth in this section. A temporary Class "B" permit authorizing
the sale and consumption of beer on Village-owned property or privately
owned property may be authorized by the Village 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 and § 305-23.
B.
Posting of signs and licenses. All organizations issued a liquor
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. All organizations shall install a double fence around the
main point of sale to control ingress and egress and shall continually
station a licensed operator or security guard at the entrance for
the purpose of checking age identification. There shall be only one
point of ingress and egress. The double fence shall be a minimum of
four feet high and a minimum of six feet between fences. A single
eight-foot chain-link fence may be used to meet the fence requirements.
The Village Board may waive any portion of this fencing provision,
as it feels appropriate.
[Amended 6-6-2005]
D.
Underage persons prohibited. No underage persons as defined by the
Wisconsin Statutes shall be allowed to assist in the sale of fermented
malt beverage at any point of sale, nor shall they be allowed to loiter
or linger in the area of any point of sale, except for a person holding
a valid operator's license.[1]
E.
Licensed operators requirements. A licensed operator shall be stationed
at all points of sales at all times.
F.
Permitted cups only. Intoxicants will be sold only in foam or plastic
cups and cans.
G.
Additional requirements. In addition, requesting organizations shall
comply with the following:
(1)
When the event sponsored by the requesting organization is to take
place on Village park property, the organization shall work closely
with the Village officials in locating, setting up and identifying
the size of the snow fence area. Such information shall be made part
of the temporary Class "B" permit application.
(2)
When the event sponsored by the requesting organization is to take
place on Village-owned property other than park property and/or privately
owned property, the organization shall work closely with the Police
Department in locating and setting up the snow fence area. The Village
information shall be made part of the temporary Class "B" permit application.
For indoor events, the structure used must have suitable exits and
open spaces to accommodate anticipated attendance. It shall contain
adequate sanitary facilities to accommodate the size of the group.
H.
Insurance. 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, liability,
loss, damage or expense incurred by the Village 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 permit is granted.
As evidence of the applicant's ability to perform the conditions of
the permit, the applicant may be required to furnish a Certificate
of Comprehensive General Liability insurance with the Village of Trempealeau.
The applicant may be required to furnish a performance bond prior
to being granted the permit.[2]
[Amended 4-1-2002; 5-20-2014 by Ord. No.
3-2014]
A.
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.
The permits are a privilege in which no rights vest and, therefore,
may be revoked by the Village Board at its pleasure at any time or
shall otherwise expire on June 30 of each year. No person shall consume
or have in his or her possession alcohol beverages on any unenclosed
part of licensed premises which is not described in a valid beer garden
permit.
B.
Limitations on issuance of beer garden permits. Each applicant for
a beer garden permit shall accurately describe the area intended for
use as a beer garden and shall indicate the nature of fencing or other
measures intended to provide control over the operation of the beer
garden. Every beer garden shall be completely enclosed with a fence
or wall not less than three feet in height. Amplified sound or music
is permitted in the beer garden by the applicant in conformance with
other Village ordinance provisions. The Village Board reserves the
right to take formal complaints filed with the Village Police Department
into consideration when granting beer garden permit renewals.
[Amended 7-1-2021 by Ord. No. 2-2021]
C.
Adjoining property owners to be notified of pendency of new applications.
All adjacent property owners within 150 feet of a newly proposed beer
garden that did not exist prior to the amendment of this section shall
be notified of the pendency of application for a beer garden permit
by first-class mail.
D.
State statutes enforced within beer garden. Every permittee 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. Violation
of the provisions of Ch. 125, Wis. Stats., shall be grounds for immediate
revocation of the beer garden permit by the Village Board.
E.
Fee. The Village Clerk-Treasurer shall collect a nonrefundable fee
for administrative costs for each beer garden permit prior to the
issuance of such permit. Village fees are updated annually by resolution.
Procedures for the revocation, suspension, or nonrenewal of
any license under this article may be instituted in the manner and
under the procedure established by Wis. Stats. § 125.12
and the provisions herein relating to granting a new license shall
likewise be applicable. In addition to the causes provided under Wis.
Stats. § 125.12(2)(ag), the Village Board may revoke, suspend,
or not renew a license for any reason which, in its discretion, it
determines will protect the health, safety, and welfare of the general
public. For the purposes of hearings under Wis. Stats. § 125.12,
the Village Board of Trustees shall issue any summons and hold any
hearings; the Village Board may, however, authorize the General Government
Committee of the Village Board to issue summons and hold hearings
on their behalf.
A.
Purpose and definitions. The purpose of this section is to interpret administratively those portions of this article and Article II of this chapter relating to establishing an alcohol beverage demerit point system to assist in determining which license holders should be subject to suspension or revocation procedures.
B.
Point schedule. The scale of demerit points is listed according to
the type of alcohol beverage violation. This demerit point system
is used to identify habitually troublesome license holders who have
repeatedly violated state statutes and Village ordinances for the
purpose of recommending suspension or revocation of their alcohol
beverage licenses.
|
Type of Violation
|
Point Value
| |
|---|---|---|
|
Sale of alcohol beverages without license or permit; sale of
controlled substances on licensed premises
|
50
| |
|
Sale of alcohol beverages to underaged person
|
25
| |
|
Sale of alcohol beverages to intoxicated person
|
25
| |
|
Underaged person on premises
|
25
| |
|
Intoxicated bartender; disorderly conduct on premises
|
25
| |
|
Afterhours consumption
|
25
| |
|
Refusal to allow police to search premises or refusal to cooperate
with lawful police investigation
|
25
| |
|
Licensee, agent or operator not on premises at all times
|
15
| |
|
Persons on premises after closing hours
|
15
| |
|
Violation of carry-out hours
|
15
| |
|
Licensee permitting person to leave licensed premises with open
alcohol beverage
|
15
| |
|
All other violations of this article
|
15
|
C.
Violations, how calculated. In determining the accumulated demerit
points against a licensee with 12 months, the Village shall use the
date each violation was committed as the basis for the determination.
D.
Suspension or revocation of license.
(1)
The Village Board of Trustees, or if authorized, the General Government
Committee of the Village Board, shall call before it for purposes
of a revocation or suspension hearing all licensees who have accumulated
100 points in a twelve-month-period as a result of court-imposed convictions
or who have had referred to it reports from the Village Attorney which,
if believed, would result in 100 demerit points in 12 months.
(2)
If the demerit point accumulation, calculated from the date of violation,
exceeds 100 points in a twelve-month period, the suspension shall
be for not less than 10 days nor more than 90 days. If the license(s)
is revoked, no other license shall be granted to such licensee or
for such premises for a period of 12 months from the date of revocation.
(3)
The procedure to be used for suspension or revocation shall be that
found in Wis. Stats. § 125.12.
[Amended 3-4-2013 by Ord. No. 1-2013; 7-1-2021 by Ord. No. 2-2021]
A.
OUTDOOR CONCERT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The playing or reproduction of music, whether amplified or unamplified and whether by persons, musical instruments, phonographs or other machines for producing or reproducing sound, on the premises of a Class "B" retail liquor and fermented malt beverage licensee outside of a building or other structure is allowed within the provisions listed below. All outdoor concerts must follow the following provisions of Subsections B and C.
C.
Fence required. No outdoor concert shall be conducted or permitted
by the licensee unless a fence of not less than three feet in height
shall be erected and maintained around the outdoor portion of the
licensee's premises used for the outdoor concert.
D.
Outdoor concerts with more than 400 estimated attendees and for which
an admission charge, cover charge or similar fee has been directly
or indirectly charged the patrons of the licensee must follow the
remaining provisions.
E.
Authorization to Class "B" licensees; limitation on number of outdoor
concerts. Any retail Class "B" liquor and fermented malt beverage
licensee may conduct or permit outdoor concerts on its premises. A
maximum of four permitted outdoor concerts per month may be conducted
by the licensee. Concert events up to three consecutive days shall
be considered one concert.
F.
Notice to Village of outdoor concert. No less than 14 calendar days
before the regular Village Board meeting prior to the date of a proposed
concert, the licensee shall notify the Village of the pending concert
by giving written notice to the Village Clerk-Treasurer. The notice
shall contain the following information:
(1)
The date, time and place of the concert and, if different from the
licensee, the name of the person or organization conducting or running
the concert.
(2)
A good faith estimate of the number of persons who can reasonably
be expected to attend the concert.
(3)
The name, address and telephone number of the person or business
with whom the licensee has contracted to furnish the required number
of outdoor portable toilets to be on the premises during the concert
and, if available, a copy of the contract or agreement between the
licensee and the person or business furnishing the outdoor portable
toilets for the concert.
(4)
The licensee shall personally sign and date the notice form.
(5)
Forms containing the required information shall be available from
the Village Clerk-Treasurer.
G.
Outdoor portable toilets required. The licensee shall furnish at
least one outdoor portable toilet per 100 persons estimated to attend
the outdoor concert with over 100 estimated persons attending. All
of the required outdoor portable toilets shall be on the licensee's
premises and available for public use at least one hour before the
starting time of the concert and shall remain on the premises until
the licensee's closing time after the concert.
H.
Police protection. The licensee, upon billing from the Village Clerk-Treasurer,
shall pay the Village the actual cost of additional police protection
during the outdoor concert. The number of additional officers hired
and the duration of their shift(s) shall be at the discretion of the
Village Police Chief. The licensee's obligation for reimbursement
shall be for all actual expenses of hiring police protection. The
licensee shall pay the Village the charges for additional police protection
within 10 days from receipt of the Village's billing of such
charges to the licensee. Any licensee having an outstanding bill more
than 10 days overdue will be denied another permit until the bill
is paid in full.
A.
Operator's license required. There shall be upon the premises operated
under a Class "A" or Class "B" intoxicating liquor license 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" or Class "B" licenses
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.
B.
Procedure upon application. The Village Board may issue an operator's
license, which license shall be granted only upon application in writing
on forms to be obtained from the Village Clerk-Treasurer only to persons
qualified pursuant to § 125.04(5), Wis. Stats. Operator's
licenses shall be operative only within the limits of the Village.[1]
C.
Duration. Licenses issued under the provisions of this article shall
be valid for a period of two years and shall expire on the 30th day
of June.
[Amended 7-5-1994]
D.
Operator's license fee; provisional license.[2]
(1)
Fee. The fee for an operator's license shall be as set by the Village
Board.
(2)
Provisional license. The Village Clerk-Treasurer may issue provisional
operator's licenses in accordance with § 125.17(5), Wis.
Stats., at a cost, set by the Village Board, per license so issued.
The provisional operator's license shall expire 60 days after its
issuance or when an operator's license is issued to the holder, whichever
is sooner. The Village Clerk-Treasurer may, upon receiving an application
for a temporary provisional license, issue such a license without
requiring the successful completion of the approved responsible beverage
server training course required by § 125.17(6), Wis. Stats.
However, such temporary license shall be used only for the purpose
of allowing such applicant the privilege of being licensed as a beverage
operator pending his successful completion of the approved course.
A provisional license may not be issued to any person who has been
denied an operator's license by the Village Board or who has had his
operator's license revoked or suspended within the preceding 12 months.
The Village Clerk-Treasurer shall provide an appropriate application
form to be completed in full by the applicant. The Village Clerk-Treasurer
may revoke the provisional license issued if he discovers that the
holder of the license made a false statement on the application.
E.
Issuance. After the Village Board approves the granting of an operator's
license, the Village Clerk-Treasurer shall issue the license. Such
licenses shall be issued and numbered in the order they are granted
and shall give the applicant's name and address and the date of the
expiration of such license.
F.
Display of license. Each license issued under the provisions of this
article shall be posted on the premises whenever the operator dispenses
beverages.
G.
Revocation of operator's license. Violation of any of the terms or
provisions of the state law or of this article relating to operator's
licenses by any person holding such operator's license shall be cause
for revocation of the license.
A.
Forfeitures for violations of §§ 125.07(1) through (5) and 125.09(2) of the Wisconsin Statutes, adopted by reference in § 305-1 of the Code of the Village of Trempealeau, 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 article of the Code of the Village of Trempealeau, 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.
[Adopted 12-2-1987 as Title 9, Ch. 5, of the 1987 Code]
A.
Alcohol beverages in public areas.
(1)
Regulations. It shall be unlawful for any person to sell, serve or
give away, or offer to sell, serve or give away, any alcohol beverage
upon any public street, sidewalk, alley, public parking lot, highway,
cemetery or drives or other public area within the Village or on private
property without the owner's consent, except at licensed premises.
It shall be unlawful for any person to consume or have in his possession
any open container containing alcohol beverage upon any public street,
public sidewalk, public way, public alley or public parking lot within
the Village except as licensed premises.
(2)
Parks. It shall be unlawful for any person to drink or have in their
possession any alcohol beverage in any Village park between the hours
of 10:00 p.m. and 6:00 a.m. except at licensed premises.
(3)
Private property held out for public use. It shall be unlawful for
any person to consume any alcohol beverages upon any private property
held open for public use within the Village unless the property is
specifically named as being part of a licensed premises.
(4)
Leaving licensed premises with open container.
(a)
It shall be unlawful for any licensee, permittee or operator
to permit any patron to leave the licensed premises with an open container
containing any alcohol beverage.
(b)
It shall be unlawful for any patron to leave a licensed premises
with an open container containing any alcohol beverage.
(c)
It shall be unlawful for any patron to remove an original unopened
package, container or bottle containing any alcohol beverage from
the licensed premises between the hours of 12:00 midnight and 8:00
a.m.
(5)
Picnic beer permits for parks.
(a)
It shall be unlawful for any group of persons which exceeds
20 to consume any alcohol beverages in any park areas without first
obtaining a picnic beer permit from the Village. The picnic beer permits
shall be issued by the Village Clerk-Treasurer with a copy of the
permit sent to the Village Police Officer.
(c)
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.
(6)
Exceptions.
(a)
The provisions of this section may be waived by the Village
Board for duly authorized events.
B.
ALCOHOLIC BEVERAGE
PUBLIC AREA
UNDERAGE PERSON
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes all ardent, spirituous, distilled or vinous liquors,
liquids or compounds, whether medicated, proprietary, patented, or
not, and by whatever name called, as well as all liquors and liquids
made by the alcoholic fermentation of an infusion in potable water
of barley malt and hops, with or without unmalted grains or decorticated
or degerminated grains or sugar, which contain 1/2 of 1% or more of
alcohol by volume and which are fit for use for beverage purposes.
Any location within the Village which is open to access to
persons not requiring specific permission of the owner to be at such
location, including all parking lots serving commercial establishments.
Any person under the legal drinking age as defined by the
Wisconsin Statutes.[2]
[2]
Editor's Note: Original Section 9-5-2, Sale to underage or intoxicated persons restricted, Section 9-5-3, Underage persons' presence in places of sale; penalty, Section 9-5-4, Underage persons; prohibitions; penalties, Section 9-5-5, Defense of sellers, and Section 9-5-6, Persons who have attained the legal drinking age; false or altered identification cards, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Any licensee, permittee or bartender of a retail alcohol beverage
establishment covered by a license or permit issued by the Village
who permits an entertainer or an employee to solicit a drink of any
alcohol beverage defined in § 125.02(1) of the Wisconsin
Statutes, or any other drink from a customer on the premises, or any
entertainer or employee who solicits such drinks from any customer
is deemed in violation of this section.
