Town of Lake Tomahawk, WI
Oneida County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Lake Tomahawk 5-11-1988 as §§ 12.03 and 12.10 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 245.
Nude dancing in licensed establishments — See Ch. 284.

§ 225-1 Adoption of statutory provisions.

The provisions of Ch. 125, Wis. Stats., defining and regulating the sale, procurement, dispensing and transfer of alcohol beverages, including provisions relating to persons under the legal drinking age, are adopted and made a part of this chapter by reference. A violation of any of such provisions shall constitute a violation of this chapter.

§ 225-2 License, permit or authorization required.

A. 
When required. Except as provided by § 125.06, Wis. Stats., no person shall, within the Town, serve, sell, manufacture, rectify, brew or engage in any other activity for which this chapter or Ch. 125, Wis. Stats., requires a license, permit or other authorization without holding the appropriate license, permit or other authorization as provided in this chapter. See § 125.04(1), Wis. Stats.
B. 
Separate license required for each place of sale. Except for licensed public warehouses, a license shall be required for each location or premises where alcohol beverages are stored, sold or offered for sale. See § 125.04(9), Wis. Stats.

§ 225-3 Classes of licenses and fees.

The following classes and denominations of licenses may be issued by the Town Clerk under the authority of the Town Board upon compliance with law and payment of the fee specified in Chapter 245, Licenses and Permits, which when so issued shall permit the holder to sell, deal or traffic in alcohol beverages as provided in the referenced state statute. Except as otherwise provided in this chapter, the full license fee shall be charged for the whole or fraction of any year.
A. 
Class "A" fermented malt beverage retailer's license. See § 125.25, Wis. Stats.
B. 
Class "B" fermented malt beverage retailer's license. See § 125.26, Wis. Stats.
(1) 
Six months. A Class "B" license may be issued at any time for six months in any calendar year, for 50% of the applicable license fee. Such license shall not be renewable during the calendar year in which issued. See § 125.26(5), Wis. Stats.
[Amended 2-14-2007]
(2) 
Picnic. See § 125.26(6), Wis. Stats.
C. 
Wholesaler's fermented malt beverage license. May not exceed $25 per year or fraction thereof. See § 125.28, Wis. Stats.
D. 
Retail "Class A" liquor license. See § 125.51(2), Wis. Stats.
E. 
Retail "Class B" liquor license. A retail "Class B" liquor license shall permit its holder to sell liquor in original packages or containers in multiples not to exceed four liters at any one time to be consumed off the licensed premises. See § 125.51(3), Wis. Stats.
(1) 
A license may be issued after July 1 in any license year which shall expire on the following June 30. The fee for the license shall be prorated according to the number of months or fractions of months remaining until the following June 30.
(2) 
Licenses valid for six months may be issued at any time. The fee for such license shall be 50% of the annual license fee. The license may not be renewed during the calendar year in which issued. See § 125.51(9), Wis. Stats.[1]
[Amended 2-14-2007]
[1]
Editor's Note: Original Sec. 12.03(3)(f), Pharmacist's license, which immediately followed this subsection, was repealed 2-14-2007.
F. 
Operator's license. See § 125.17, Wis. Stats.
(1) 
Operator's licenses may be granted to individuals by the Town Board for the purposes of complying with §§ 125.32(2) and 125.68(2), Wis. Stats.
(2) 
Operator's licenses may be issued only on written application on forms provided by the Clerk.
(3) 
Operator's licenses shall be valid for one or two years and shall expire on June 30 of each year or on June 30 of the second year after issuance.
G. 
Provisional operator's license. A provisional license may be issued by the Town Clerk in accordance with § 125.17(5), Wis. Stats., only to a person who has applied for an operator's license. A provisional license may not be issued to any person who has been denied a license by the Town Board. A provisional license expires 60 days after its issuance or when a regular operator's license is issued to the holder, whichever is sooner.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
Manager's license. See § 125.18, Wis. Stats.

§ 225-4 License application.

A. 
Form. Application for a license to sell or deal in intoxicating liquor or fermented malt beverages shall be made in writing on forms prescribed by the Wisconsin Department of Revenue, governing body and filed with the Town Clerk at least 15 days prior to issuance. The premises shall be physically described, including every room and storage space to be covered by the license and including all rooms joined by connecting entrances or not separated by a solid wall.
B. 
Application to be notarized. The application shall be signed and sworn to by the applicant as provided by § 887.01; Wis. Stats.
C. 
Publication. Prior to issuance of a license under this chapter, the Town Clerk shall publish notice of the application in the official Town newspaper.
D. 
Duplicate. Upon approval, a duplicate copy of each application shall be forwarded by the Town Clerk to the State Department of Revenue.

§ 225-5 License restrictions.

A. 
Statutory requirements. Licenses shall be issued only to persons eligible therefor under §§ 125.04 and 125.33(3)(b), Wis. Stats.
B. 
Location.
(1) 
No retail "Class A" or "Class B" 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 of the premises covered by the license.
(2) 
This subsection shall not apply to premises licensed as such on June 30, 1947, nor shall it apply to any premises licensed as such prior to the occupation of real property within 300 feet thereof by any school, hospital or church building.
C. 
Violators of liquor or beer laws or ordinances. No retail "Class A" or "Class B" license shall be issued to any person who has been convicted of a violation of any federal or state liquor or fermented malt beverage law or the provisions of this chapter or whose license has been revoked under § 125.12, Wis. Stats., during one year prior to such application. A conviction of a member of a partnership or the partnership itself shall make the partnership or any member thereof ineligible for such license for one year.
D. 
Health and sanitation requirements. No retail "Class B" license shall be issued for any premises which does not conform to the sanitary, safety and health requirements of the State Department of Commerce pertaining to buildings and plumbing, to the rules and regulations of the State Department of Health and Family Services applicable to restaurants and to all such ordinances and regulations adopted by the Town Board.
E. 
License quota. The number of persons and places that may be granted a retail "Class B" liquor license under this chapter is limited as provided in § 125.51(4), Wis. Stats.
F. 
Corporations. No corporation organized under the laws of this state or of any other state or foreign country may be issued any alcohol beverage license or permit unless such corporation meets the requirements of § 125.04(6), Wis. Stats.
G. 
Age requirement. No license hereunder, except an operator's license, shall be granted to any person who has not attained the age of 21. Operator's licenses may be issued only to applicants who have attained the age of 18. [1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
Effect of revocation of license. Twelve months shall elapse before another license shall be granted to the person whose license was revoked.
I. 
Delinquent taxes, assessments and claims. No license shall be granted for any premises for which taxes, assessments or other claims of the Town are delinquent and unpaid or to any person delinquent in payment of such claims, including unpaid forfeiture judgments, to the Town.
J. 
Issuance for sales in dwellings prohibited. No license shall be issued to any person for the purpose of possessing, selling or offering for sale any alcohol beverages in any dwelling house, flat or residential apartment.

§ 225-6 Form and expiration of licenses. [1]

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 and, unless sooner revoked, shall expire on June 30 thereafter except as otherwise provided by law.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 225-7 Transfer of licenses.

A. 
As to person. No license shall be transferable as to licensee except as provided by § 125.04(12), Wis. Stats.
B. 
As to place. Licenses issued pursuant to this chapter may be transferred to another premises once during any license year as provided in § 125.04(12), Wis. Stats. Application for such transfer shall be made on blanks furnished by the State Department of Revenue. Proceedings for transfer shall be had in the same manner and form as the original application. The fee for such transfer shall be $10.

§ 225-8 Posting and care of licenses.

Every license or permit required under this chapter shall be framed and posted and at all times displayed as provided in § 125.04(10), Wis. Stats. No person shall post such license or permit any other person to post it upon premises other than those mentioned in the application or knowingly deface or destroy such license.

§ 225-9 Regulation of licensed premises and licensees.

A. 
Gambling and disorderly conduct prohibited. Each licensed and permitted premises shall at all times be conducted in an orderly manner and no disorderly, riotous or indecent conduct or gambling shall be allowed at any time on any such premises.
B. 
Employment of underage person. No licensee shall employ any person under the legal drinking age who does not have a valid operator's license to serve, sell, dispense or give away any alcohol beverage.
C. 
Sales by clubs. No club shall sell intoxicating liquors or fermented malt beverages except to members and guests invited by members.
D. 
Safety and sanitation requirements. Each licensed premises shall be maintained and conducted in a sanitary manner and shall be a safe and proper place for the purpose for which used.

§ 225-10 Closing hours.

No premises for which an alcohol beverage license has been issued shall remain open for the sale of alcohol beverages:
A. 
If a wholesale license, between 5:00 p.m. and 8:00 a.m., except on Saturday when the closing hour shall be 9:00 p.m.
B. 
If a retail Class "A" license, between 12:00 midnight and 8:00 a.m.
C. 
If a retail "Class A" license, between 9:00 p.m. and 8:00 a.m.
D. 
If a retail Class "B" license, between 2:00 a.m. and 6:00 a.m. on weekdays and 2:30 a.m. and 6:00 a.m. on Saturdays and Sundays. On January 1 licensed premises are not required to close. No package, container or bottle sales may be made after 12:00 midnight.
E. 
Hotels and restaurants whose principal business is the furnishing of food or lodging to patrons, bowling alleys and golf courses may remain open for the conduct of their regular business, but no intoxicating liquors or fermented malt beverages shall be sold during prohibited hours.

§ 225-11 Revocation and suspension of licenses.

A. 
Procedure. Whenever the holder of any license under this chapter violates any portion of this chapter, proceedings for the revocation or suspension of such license may be instituted in the manner and under the procedure established by § 125.12, Wis. Stats., and the provisions therein relating to granting a new license shall likewise be applicable.
B. 
Effect of revocation. See § 225-5H of this chapter.

§ 225-12 Nonrenewal of licenses.

Before renewal of any license issued under this chapter is refused, the licensee shall be given written notice of any charges or violations or the reasons proposed for nonrenewal and a copy of any proposed motion for nonrenewal and shall have an opportunity to be heard before the Town Board.

§ 225-13 Violations by agents and employees.

A violation of this chapter by an authorized agent or employee of a licensee shall constitute a violation by the licensee.

§ 225-14 Use of false identification.

A. 
State laws adopted. The statutory provisions of § 343.43, Wis. Stats., exclusive of any provisions therein relating to the penalties to be imposed or the punishment for violation of such statutes, are hereby adopted and by reference 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.
B. 
Prohibition. Any person under the legal drinking age who presents any identification purporting to be authentic identification, which the person knows to contain false information, for the purposes of gaining entrance to an establishment licensed to sell alcohol or fermented malt beverages or for the purpose of purchasing alcohol or fermented malt beverages, shall be held as a violator of this chapter.

§ 225-14.1 Continuing business license requirements.

[Added 11-11-2014]
A. 
The Class ''A" and Class "B" and "Class A" and Class B" licensees shall, as a condition of maintaining and keeping a license in the Town, continue in the active operation of business. Therefore, if a license issued by the Town is not used within 180 days of its issuance or its usage is discontinued for a period of 180 days or more, such situation may be grounds for revocation of the license.
B. 
The Town determines that retention of a license by a party not doing business or intending to resume doing business is declared to be against public policy and constitutes grounds for revocation of said license.
C. 
Exceptions to the requirements of continued business license usage would be any act of God which damaged or destroyed the facility for which the license has been issued to operate the licensed business in. In such case, the holder of the license is allowed up to two years to repair damages or rebuild the damaged or destroyed facility and again resume operating the business utilizing the license from the premises for which the license issued was intended.
D. 
In the event a licensee violates the provisions of this section, disciplinary action may be taken by the Town Board, including reprimand, suspension of the license for a specified number of 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 be done after notice to the licensee and after a hearing. The proceeding shall be conducted in accordance with § 125.12(2)(b), Wis. Stats., or any amendments thereto. Prior to revocation of any license, the Town Clerk shall notify the licensee, in writing, of the Town's intention to revoke the license for nonuse and provide the licensee with an opportunity for a hearing. Such notice shall also specify the time, place, and date of the hearing which shall be not less than 15 days after the date of the notice.
E. 
In lieu of revoking such license, the Town Board shall, after notice and hearing, determine if good cause exists for the failure of the licensee to be open for business for periods in excess of the minimum set forth in this section. If such cause is found to exist, the Town Board may set such terms as it deems appropriate to the continuation of the license with respect to minimum days of operation or a time frame within which the subject premises must be open for business to avoid cancellation of the subject license.
F. 
There shall be no refund of any license fee paid to a party whose license is revoked.
G. 
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.
H. 
Evidence and testimony at the hearing will be done in open session. Pursuant to § 19.85(1)(a), Wis. Stats., the Board may go into closed session to deliberate regarding its decision, provided that appropriate legal notice indicating such closed session is duly posted and/or published. The Town Clerk shall be responsible to see that the hearing notice is posted and/or published in accordance with state statutes.

§ 225-15 Violations and penalties.

In addition to the revocation or suspension of any license issued under the provisions of this chapter, any person found to be in violation of any provision of this chapter, except as otherwise provided, shall be subject to a penalty as provided in § 1-4 of this Code.