Village of Mazomanie, WI
Dane County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Mazomanie as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 290.
Parks and recreation — See Ch. 301.
Peace and good order — See Ch. 306.
[Adopted 6-28-1988 as Title 7, Ch. 2 of the 1988 Code]

§ 254-1 State statutes adopted.

The provisions of Ch. 125 and §§ 778.25 and 938.344, 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 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 amendments, revisions or modifications of the statutes incorporated herein are intended to be made a part of this article.

§ 254-2 Definitions.

[Amended 12-8-2006 by Ord. No. 2006-2]
As used in this article the terms "alcoholic beverages," "intoxicating liquors," "sell," "sold," "sale," "restaurant," "club," "retailer," "person," "fermented malt beverages," "wholesalers" and "operators" shall have the meaning given them by Ch. 125, Wis. Stats. In addition, the following definitions shall be used:
BUSINESS
All lawful activity contemplated to be conducted on the licensed premises at the time such license was issued.
OPERATE or BE OPERATED
The conducting of business during all such times of the day in which such business is normally conducted and shall mean that such business is open for business to the general public during such times.

§ 254-3 License required.

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, Wis. Stats.

§ 254-4 Classes of licenses.

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, and 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. 
Class "A" fermented malt beverage retailer's license. A Class "A" 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 only for consumption away from the premises where sold, and in the original packages, containers or bottles.
D. 
Class "B" fermented malt beverage retailer's license. A Class "B" fermented malt beverage retailer's license, when issued by the Village 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 1% of alcohol by volume without obtaining a special license to sell such beverages.
E. 
Temporary Class "B" license.
[Amended 12-8-2006 by Ord. No. 2006-2]
(1) 
A temporary Class "B" 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, churches, state, county or local fair associations or agricultural societies, lodges or societies that have been in existence for not less than six months prior to the date of application for such license or to posts of ex-servicemen's organizations now or hereafter established. Such license is valid for dates as approved by the Village Board.
(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. The license shall specify the hours and dates of license validity. Such license shall be valid for no more than four 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.
F. 
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.
G. 
Retail "Class B" intoxicating liquor license for restaurants and hotels. A retail "Class B" intoxicating liquor license for full-service restaurants with a seating capacity of 300 or more persons, or for a hotel that has 100 or more rooms and sleeping accommodations and that has either an attached restaurant with a seating capacity of 150 or more persons or a banquet room in which banquets attended by 400 or more persons may be held, 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, and 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. There shall be a minimum of 2/3 of the total seating capacity inside. Any license issued under this subsection shall require the applicant for such license to certify the premises covered by such license to have the required seating capacity and/or sleeping accommodations capacity, as required, and shall be accompanied by either:
[Added 10-13-1998 by Ord. No. 1998-5]
(1) 
A copy of the final building plan approved by the State of Wisconsin Department of Commerce, or its successor responsible for approval of such commercial building plan, clearly establishing the required seating capacity and/or sleeping room accommodations; or
(2) 
A sworn statement from a professional engineer licensed by the State of Wisconsin certifying the required seating capacity and/or sleeping room accommodations.
H. 
Retail "Class C" wine license for restaurants. A retail "Class C" wine license 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, as that term is defined in § 125.51(3m)(a), Wis. Stats., when issued by the Village Clerk-Treasurer under authority of the Village Board, shall permit its holder to sell wine by the glass or in an open original container for consumption on the premises so licensed. Any license issued under this subsection shall require the applicant for such license to certify that the restaurant operated by the applicant meets the gross receipts percentage, as required.
[Added 10-26-1999 by Ord. No. 1999-3]

§ 254-5 License fees.

[Amended 10-13-1998 by Ord. No. 1998-5; 10-26-1999 by Ord. No. 1999-3, 10-8-2002 by Ord. No. 2002-6]
The Village Board shall establish by resolution the fees chargeable for licenses issued by the Village Board for all classes of intoxicating liquor licenses and fermented malt beverage licenses. Such fees as so established by the Village Board shall be the annual fees chargeable and collectable by the Village for the issuance of such licenses and shall remain in effect until changed by resolution of the Village Board.

§ 254-6 Application for 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 or by the president and secretary if a corporation.
C. 
Publication. The application shall be published at least one time 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.

§ 254-7 Qualifications.

A. 
Residence requirements. A retail Class "A" or retail Class "B" fermented malt beverage license or retail "Class A" or retail "Class B" intoxicating liquor license shall be granted only to persons who are citizens of the United States and of Wisconsin.
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" or Class "B" licenses shall be granted to any person under the Wisconsin legal drinking age.
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 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 state law.
F. 
Separate licenses. A separate license shall be required for each business premises where intoxicating liquor or fermented malt beverages are kept, sold or offered for sale.
G. 
License quotas. License quotas for the Village shall be as provided in Ch. 125, Wis. Stats.
H. 
Licensed premises. Licenses issued by the Village shall be for the structure itself and shall not confer any license or right to property outside of the licensed premises unless the premises have had an outdoor cafe permit issued under § 254-17.1.
[Amended 3-11-2008 by Ord. No. 2008-7]
I. 
Delinquent taxes, assessments, etc.
(1) 
Premises. No initial or renewal alcohol beverage licenses shall be granted for any premises for which Village taxes, assessments, utility bills, garbage collection fees, sewer and water bills, or other assessments or other claims of the Village are delinquent and unpaid.
(2) 
Persons. No initial or renewal alcohol license shall be granted to any person:
(a) 
Delinquent in payment of any taxes, utility bills, garbage collection fees, sewer and water bills, assessments or other claims owed to the Village.
(b) 
Delinquent in payment of a forfeiture resulting from a violation of any ordinance of the Village.

§ 254-8 Investigation.

The Village Clerk-Treasurer shall notify the Chief of Police and Building 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 Village Board in writing 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.

§ 254-9 Considerations for approval.

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 Commerce 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.

§ 254-10 Granting of license.

[Amended 12-8-2006 by Ord. No. 2006-2]
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.

§ 254-11 Transfer 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 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 is 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.
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 or the Village Board until the successor agent or another qualified agent is appointed and approved by the Village and the Wisconsin Department of Revenue.

§ 254-12 Numbering and contents of license.

[Amended 12-8-2006 by Ord. No. 2006-2]
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.

§ 254-13 Posting licenses; defacement.

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.

§ 254-14 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 article, 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" licensee shall employ any person not permitted by state law, 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 alcoholic beverages.
[Amended 12-8-2006 by Ord. No. 2006-2]
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. Owners and employees of licensed premises shall promptly notify law enforcement officials of disorderly conduct or illegal activities occurring on the licensed premises.
D. 
Licensed operator on premises. There shall be upon premises operated under a Class "B" or "Class B" license, at all times, the licensee 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" or "Class B" 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.
[Amended 12-8-2006 by Ord. No. 2006-2]
E. 
Health and sanitation regulations. The rules and regulations of the State Department of Commerce 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 conforms to such rules and regulations.
F. 
Restrictions near schools and churches. No retail "Class A," "Class B," 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 to such premises. 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 building, hospital building or church building.
G. 
Consumption on premises. All purchase of intoxicating liquor or fermented malt beverages by the glass or in open containers shall be consumed on the licensed premises where served and shall not be removed therefrom to any thoroughfare, street, alley or sidewalk unless authorized by the Village Board.
H. 
Gambling. No gambling or game or chance of any sort shall be permitted in any form upon the licensed premises.
I. 
Clear view of premises required. All windows in the front of any licensed premises shall be of clear glass, and the premises shall be so arranged as to furnish a clear view of the entire premises from the sidewalk. There shall be no partition, box, stall, screen, curtain or other device which shall obstruct the view of said room from the general observation of persons, provided that partitions, subdivisions or panels not higher than 60 inches from the floor shall not be construed as in conflict with the foregoing, and provided that retail Class "B" licenses shall entitle the holder thereof to serve such beverages in a separate room on the licensed premises at banquets or dinner.
J. 
Law officer closing. A law enforcement officer may order an establishment licensed under this article temporarily closed because of disorderly or unruly conduct on the premises.[1]
[1]
Editor's Note: Former Subsection K, Limitations on number of "Class A" licenses, which immediately followed this subsection, was repealed 3-25-2008 by Ord. No. 2008-3

§ 254-15 Closing hours.

Closing hours for premises licensed under this article shall be as prescribed by state law.

§ 254-16 Picnics or special events.

[Amended 12-8-2006 by Ord. No. 2006-2]
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 except through the issuance of temporary Class "B" license issued by the Village Board in accordance with the Wisconsin Statutes and as set forth in this section. A temporary Class "B" license authorizing the sale and consumption of beer on Village-owned property or privately owned property may be authorized by the Village Board, provided that 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 § 254-21.
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 age identification.
C. 
Fencing. All organizations shall install a double snow 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 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.
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 at any point of sale, 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. 
Permitted containers. Intoxicants will be sold only in foam or plastic cups, cans or plastic bottles.
G. 
Additional requirements. In addition, the requesting organization 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 Village officials in locating and setting up the snow fence area. Village officials shall work with the requesting organization in identifying the size of the fenced-in area and the exact location. Such information shall be made part of the temporary Class "B" license 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 Chief of Police shall work closely with the requesting organization in identifying the size of the fenced-in area and the exact location. Such information shall be made part of the temporary Class "B" license 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 temporary Class "B" license may be required to indemnify, defend, and hold the Village and its employees and agents harmless against all claims, death of any person or any damage to property caused by or resulting from the activities for which the license is granted. As evidence of the applicant's ability to perform the conditions of the license, the applicant may be required to furnish a certificate of comprehensive general liability insurance with the Village which lists the Village as a third-party insured. The applicant may be required to furnish a performance bond prior to being granted the license.

§ 254-17 Consumption of alcoholic beverages in licensed sidewalk cafe.

[Added 5-27-2008 by Ord. No. 2008-11[1]]
The following requirements shall apply to the operation of sidewalk cafes:
A. 
Only food or beverages for immediate consumption may be offered for sale. Alcohol consumption in a sidewalk cafe is limited to the hours of 11:00 a.m. to 10:00 p.m.
B. 
No alcoholic beverages shall be allowed in the sidewalk cafe at any time except with the appropriate licenses (liquor/fermented malt beverage license and sidewalk cafe permit). In such case, alcoholic beverages may only be served within the sidewalk cafe area when the establishment is also open for food service.
C. 
The license holder shall, in addition to all other requirements of law, take reasonable steps to ensure that alcoholic beverages are consumed only by patrons of the establishment who are of age, and not by passersby or persons who are not of age or who are obviously intoxicated. Reasonable steps shall include the use of barriers or fences, supervision of the outside area by security or staff personnel, and/or surveillance by electronic monitors or any other means necessary.
D. 
Failure to take such reasonable steps and use them at all times that alcoholic beverages are consumed in the sidewalk cafe area is grounds for the imposition by the Village board of a condition(s) on the license to prohibit sale of alcoholic beverages in the sidewalk cafe area, and such condition(s) shall not be deemed to be an adverse action against the license.
[1]
Editor's Note: This ordinance also repealed former § 254-17, Beer garden permits.

§ 254-17.1 Outdoor cafe licenses.

[Added 3-11-2008 by Ord. No. 2008-5]
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 license granted by the Village Board. The licenses 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 November 1 of each year. No person shall consume or have in his/her possession alcohol beverages on any unenclosed part of the licensed premises which is not described in a valid outdoor cafe alcoholic beverage license.
B. 
Limitations on issuance of an outdoor cafe alcoholic beverage license.
(1) 
No outdoor cafe alcoholic beverage license shall be issued if greater than 50% of the gross retail sales of the licensee's business are derived from the sale of alcoholic beverages.
(2) 
No outdoor cafe alcoholic beverage license shall be issued if any part of the described outdoor seating area is within 100 feet of a residentially zoned structure, except residential uses located in the same structure as the licensed premises.
(3) 
No outdoor cafe alcoholic beverage license shall be issued if the described outdoor seating area is greater than 50% of the gross floor area of the adjoining licensed premises.
(4) 
Each applicant for an outdoor cafe alcoholic beverage license shall accurately describe the area intended for use as an outdoor seating area and shall indicate the nature of fencing or other measures intended to provide control over the operation of the outdoor seating area.
(5) 
Amplified sound or music is not permitted in the outdoor seating area Monday through Thursday and is permitted no earlier than 11:00 a.m. on Friday through Sunday and no later than 10:00 p.m. on Friday and Saturday and no later than 6:00 p.m. on Sunday.
(6) 
The appropriate fee, specified under a fee schedule available in the office of the Village Clerk, shall accompany the application.
C. 
Adjoining property owners to be notified of pendency of applications. All property owners within 150 feet of the proposed outdoor seating area shall be notified by first class mail of the pendency of an application for an outdoor cafe alcoholic beverage license by first class mail from the Village Clerk's Office.
D. 
State statutes enforced within outdoor seating area. Every licensee under this section shall comply with all provisions of Ch. 125, Wis. Stats., applicable to 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 outdoor cafe alcoholic beverage license by the Village Board.

§ 254-18 Revocation, suspension and nonrenewal of licenses.

A. 
Procedure. Whenever the holder of any license under this article violates any portion of this article or Article II of this chapter, proceedings for the revocation of such license may be instituted in the manner and under the procedure established by this section.
B. 
Abandonment of premises. Any licensee holding a license to sell alcohol beverages who abandons such business shall forfeit any right or preference he may have to the holding of or renewal of such license. Abandonment shall be sufficient grounds for revocation of any alcohol beverage license. The closing of the licensed premises for at least six months shall be prima facie evidence of an abandonment, unless extended by the Village Board. All persons issued a license to sell alcohol beverages in the Village for which a quota exists limiting the number of such licenses that may be issued by the Village 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 terms of such license, unless such license is issued for a term of less than 180 days, in which event this subsection shall not apply.
C. 
License revocation or suspension.
(1) 
Notice and hearing. Whenever a person holding a license to sell alcoholic beverages has failed to maintain the premises according to standards prescribed for sanitation, or in whose premises persons are permitted to loiter for purposes of prostitution, or where the licensee has not observed and obeyed any lawful order of the Village Board or police officers of the Village or has violated Village ordinances, or for any other good reason, the Village Board shall issue a summons, to be signed by the Village Clerk-Treasurer, commanding the licensee complained of to appear before the Public Protection and Ordinance Committee or a special committee designated by the Village Board on a day and time and at a place named in the summons to show cause why the license should not be revoked or suspended. Such summons shall be served not less than three and not more than 10 days before the time at which the licensee is commanded to appear and may be served personally upon the licensee or the agent of the licensee or upon the person in charge of the licensed premises. The complaint shall be served with the summons and shall set forth the offense allegedly committed, the date and place of said offense, and the facts constituting the alleged offense. If such licensee shall not appear as required by the summons, the complaint shall be taken as true, and if the Committee deems its allegations sufficient, the Committee shall recommend revocation or suspension of the license as provided herein.
(2) 
Procedure on hearing; effect of revocation.
(a) 
The Public Protection and Ordinance Committee or a designated committee shall serve as a hearing agency for the Village Board.
(b) 
The Chair of the Committee, or the Chair's designee, shall conduct the hearing and administer oaths to all witnesses and may issue subpoenas. So far as practicable, the rules of evidence provided in § 227.45, Wis. Stats., shall be followed. The complainant shall have the burden of proving the charges by a preponderance of the evidence. The licensee and the complainant may be represented by counsel and may call and examine witnesses and cross-examine witnesses of the other party. All proceedings and testimony shall be recorded on tape and transcribed. If either party requests a stenographic recording and transcription, the Village shall make the necessary arrangements, but the expenses shall be borne by the requesting party. The Village Clerk-Treasurer shall serve as Secretary to the Committee and shall mark and receive all exhibits admitted into the record.
(c) 
Within 10 days of the completion of the hearing and filing of briefs, if any, the Committee, upon the testimony and evidence presented at the hearing, shall determine by simple majority vote of those present whether the charges are true and, if so, submit a report to the Village Board including its findings of fact, conclusions of law and a recommendation as to what action, if any, the Village Board should take with respect to the license. If the recommendation is to suspend the license, it shall be for a period of not less than 10 days or more than 90 days; in like manner, the recommendation may be to revoke the license. If the Committee determines that the charges are not substantiated, it shall recommend to the Village Board that the complaint be dismissed without cost to either party. The Committee's recommendation shall be promptly filed with the Clerk-Treasurer. The Clerk-Treasurer shall prepare five copies of the transcript of the proceedings, all exhibits and the recommendation of the Committee.
(d) 
At the regular meeting of the Village Board after the filing of the Committee's recommendation, the Village Board shall act on the recommendation and may reverse or modify any portion thereof by a simple majority vote. The recommendation of the Committee shall become the decision of the Village Board unless reversed or modified. No further testimony or evidence shall be allowed before the Village Board. Only those members of the Village Board who have certified to the Clerk-Treasurer in writing that they have read the transcript, exhibits and recommendation made shall be permitted to vote on the matter. The Clerk-Treasurer shall make said certifications a part of the record. The decision of the Village Board shall be a final determination for purposes of judicial review.
(e) 
If the complaint is found to be true, the licensee shall pay to the Village the actual cost of the proceedings. If the complaint is found by the Village Board to be malicious and without probable cause, the complainant shall pay the cost of the proceedings in the same amount.
(f) 
When a license is revoked it shall be so entered of record by the Clerk-Treasurer, and no other license shall be granted to such licensee or for such premises for a period of 12 months from the date of the revocation, nor shall any part of the money paid as application fee for any license so revoked be refunded.
D. 
Nonrenewal of license. The Village Attorney may, after investigation, commence an action before the Public Protection and Ordinance Committee to hear evidence and make a recommendation to the Village Board that a license issued pursuant to this article not be renewed. The Chair of the Committee shall, in writing, notify the licensee of the consideration of nonrenewal. Such notification shall be in the form of and shall serve as the summons and complaint and shall include a statement of the reasons for the consideration of the nonrenewal of the license in the same specificity required for a summons and complaint for revocation or suspension. If the license is recommended for nonrenewal, costs may be assessed against the licensee and any renewal application fee shall be forfeited. In all other respects, the provisions of Subsection C above shall apply. The commencement of this action shall stay action by the Village Board on the licensee's application until the Committee makes its recommendation.
E. 
Other provisions. Any license issued pursuant to this article shall be subject to such further regulations and restrictions as may be imposed by the Village Board by amendment to this section or by the enactment of new ordinances. If any licensee shall fail or neglect to meet the requirements imposed by such new restrictions and regulations his license may be revoked in accordance with this section. In case of revocation of any license for any violation of any provision of this article in accordance with this section or by the court or for any reasonable cause, except the imposition of new restrictions, no refund shall be made of any part of the license fee.
F. 
Point values for alcohol beverage violations, revocations and suspensions.
(1) 
Purpose and definitions. The purpose of this Subsection F is to administratively interpret 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.
(2) 
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
1.
Sale of alcohol beverages without license or permit
100
2.
Sale of alcohol beverages to underage person
50
3.
Sale of alcohol beverages to intoxicated person
50
4.
Underaged person on premises
50
5.
Intoxicated bartender
50
6.
After hours consumption
50
7.
Refusal to allow police to search premises or refusal to cooperate with lawful police investigation
50
8.
Licensee, agent or operator not on premises at all times
25
9.
On premises after closing hours
25
10.
No carry-out, restricted to appropriate hours
25
11.
Permit person to leave licensed premises with open alcohol beverage
25
12.
All other violations of this article, including disorderly conduct calls within the licensed premises, failure to notify Police Department of illegal activities on premises, and delivery of controlled substances on licensed premises
25
(3) 
Calculation of violations. In determining the accumulated demerit points against a license within 12 months, the Village shall use the date each violation was committed as the basis for the determination.
(4) 
Suspension or revocation of license.
(a) 
The Public Protection and Ordinance 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.
(b) 
If the demerit point accumulation, calculated from the date of violation, exceeds 100 points in a twelve-month period, 150 points in a twenty-four-month period or 200 points in a thirty-six-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.
(c) 
The procedure to be used for suspension or revocation shall be that found in Subsection C above.

§ 254-19 Operator's license.

A. 
Operator's license required.
(1) 
Operator's licenses; Class "A" or Class "B" premises. Except as provided under §§ 125.32(3)(b) and 125.07(3)(a)10, Wis. Stats., no premises operated under a Class "A" or Class "B" license or permit may be open for business unless there is upon the premises the licensee or permittee, the agent named in the license or permit if the licensee or permittee is a corporation, or some person who has an operator's license and who is responsible for the acts of all persons serving any fermented malt beverages to customers. For the purpose of this section, any person holding a manager's license under § 125.18, Wis. Stats., or any member of the licensee's or permittee's immediate family who has attained the age of 18 shall be considered the holder of an operator's license. No person, including a member of the licensee's or permittee's immediate family, other than the licensee, permittee or agent, may serve fermented malt beverages in any place operated under a Class "A" or Class "B" license or permit unless he or she has an operator's license or is at least 18 years of age and is under the immediate supervision of the licensee, permittee, agent or a person holding an operator's license, who is on the premises at the time of the service.
[Amended 12-8-2006 by Ord. No. 2006-2]
(2) 
Use by another prohibited.
(a) 
No person may allow another to use his or her Class "A" or Class "B" license or permit to sell alcohol beverages.
(b) 
The license or permit of a person who violates Subsection A(2)(a) above shall be revoked.
B. 
Procedure upon application.
(1) 
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 18 years of age or older. Operators' licenses shall be operative only within the limits of the Village.
(2) 
All applications are subject to an investigation by the Chief of Police and/or other appropriate authority to determine whether the applicant and/or premises to be licensed complies with all regulations, ordinances and laws applicable thereto. The Chief of Police shall conduct an investigation of the applicant, including but not limited to requesting information from the state, surrounding municipalities, and/or any community where the applicant has previously resided concerning the applicant's arrest and conviction record. Based upon such investigation, the Chief of Police shall recommend, in writing, to the Village Board approval or denial of the application. If the Chief of Police recommends denial, the Chief of Police shall provide, in writing, the reasons for such recommendation.
C. 
Duration. Licenses issued under the provisions of this article shall be valid for a period of one year and shall expire on the 30th day of June of each year.
D. 
Operator's license fee; provisional or temporary licenses.
(1) 
Fee. The fee for an operator's license, provisional license or temporary license shall be as established by resolution of the Village Board.
[Amended 12-8-2006 by Ord. No. 2006-2]
(2) 
Provisional license. The Village Clerk-Treasurer may issue provisional operators' licenses in accordance with § 125.17(5), Wis. Stats. 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 program as described herein. 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 program. 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.
(3) 
Temporary license. After the Village Board approves the granting of a temporary operator’s license, the Clerk-Treasurer shall issue the license in accordance with § 125.17 (1) to (4), Wis. Stats., provided that:
[Amended 12-8-2006 by Ord. No. 2006-2; 9-27-2011 by Ord. No. 2011-5]
(a) 
This license may be issued only to operators employed by, or donating their services to, nonprofit corporations.
(b) 
No person may hold more than one license of this kind per year.
(c) 
The license is valid for any period from one day to 14 days, and the period for which it is valid shall be stated on the license.
E. 
Issuance or denial of operator's license.
(1) 
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.
(2) 
Denial.
(a) 
If the application is denied by the Village Board, the Village Clerk-Treasurer shall, in writing, inform the applicant of the denial, the reasons therefor, and of the opportunity to request a reconsideration of the application by the Village Board in a closed session. Such notice must be sent by registered mail to, or served upon, the applicant at least 10 days prior to the Board's reconsideration of the matter. At such reconsideration hearing, the applicant may present evidence and testimony as to why the license should be granted.
(b) 
If, upon reconsideration, the Board again denies the application, the Village Clerk-Treasurer shall notify the applicant in writing of the reasons therefor. An applicant who is denied any license upon reconsideration of the matter may apply to Circuit Court pursuant to § 125.12(2)(d), Wis. Stats., for review.
(3) 
Considerations.
(a) 
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.
(b) 
If a licensee is convicted of an offense substantially related to the licensed activity, the Village Board may act to revoke or suspend the license.
(4) 
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 Village Board, the Village 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 Village 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.
F. 
Training course.
(1) 
Except as provided in Subsection F(2) below, the Village Board may not issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a vocational, technical and adult education district and that conforms to curriculum guidelines specified by the Board of Vocational, Technical And Adult Education or unless the applicant fulfills one of the following requirements:
(a) 
The person is renewing an operator's license.
(b) 
Within the past two years, the person held a Class "A," Class "B," "Class A" or "Class B" license or permit or a manager's or operator's license.
(c) 
Within the past two years, the person has completed such a training course.
(2) 
The Village Board may issue a provisional operator's license to a person who is enrolled in a training course under Subsection F(1) above and shall revoke that license if the applicant fails successfully to complete the course in which he or she enrolls.
(3) 
The Village Board may not require that applicants for operators' licenses undergo training in addition to that under Subsection F(1) but may require applicants to purchase, at cost, materials that deal with relevant local subjects not covered in the course under Subsection F(1).
G. 
Display of license. Each license issued under the provisions of this section shall be posted on the premises whenever the operator dispenses beverages or be in his possession, or he shall carry a license card.
H. 
Revocation of operator's license. Violation of any of the terms or provisions of the state law or of this article relating to operators' licenses by any person holding such operator's license shall be cause for revocation of the license.

§ 254-20 Violations and penalties.

[Amended 12-8-2006 by Ord. No. 2006-2]
Any person who shall violate any provision of this article or who shall conduct any activity or make any sale for which a license is required without such license shall be subject to a forfeiture as provided in Chapter 1, § 1-3 of this Code. Nothing herein shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the Wisconsin Statutes.
[Adopted 6-28-1988 as Title 9, Ch. 5 of the 1988 Code]

§ 254-21 Outside consumption.

A. 
Alcoholic 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 alcoholic 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 at licensed premises.
(2) 
Parks. It shall be unlawful for any person to drink or have in his possession any alcohol beverage in any Village park between the hours of 10:30 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 6:00 a.m.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(5) 
Picnic beer licenses for parks.[2]
(a) 
It shall be unlawful for any group of persons which exceeds 25 to consume any alcohol beverages in any park areas without first obtaining a picnic beer license from the Village. The picnic beer licenses shall be issued by the Village Clerk-Treasurer with a copy of the license sent to the Chief of Police.
(b) 
Applicants for temporary Class "B" licenses shall fully comply with the requirements of § 254-16 of this chapter.
(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.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(6) 
Exceptions.
(a) 
The provisions of this section may be waived by the Village Board for duly authorized events.
(b) 
This section shall not apply to any organization which has been issued a temporary Class "B" license pursuant to Article I of this chapter, provided that the provisions of this article and Article I are fully complied with.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Definitions. As used in this section, the following terms shall have the meaning indicated:
ALCOHOLIC BEVERAGE
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 and 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.
PUBLIC AREA
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.

§ 254-22 Definitions.

As used in this article, the following terms shall have the meaning indicated:
UNDERAGE PERSON
Any person under the legal drinking age as defined by the Wisconsin Statutes.

§ 254-23 Sale to underage or intoxicated persons.

A. 
Sales of alcohol beverages to underage persons.
(1) 
No person may procure for, sell, dispense or give away any fermented malt beverages to any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age, or procure for, sell, dispense or give away any intoxicating liquor to any underage person.
(2) 
No licensee or permittee may sell, vend, deal or traffic in fermented malt beverages to or with any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age or sell, vend, deal or traffic in intoxicating liquor to or with any underage person.
B. 
Penalties.
(1) 
A person who commits a violation of Subsection A above is subject to a forfeiture of:
(a) 
Not more than $500 if the person has not committed a previous violation within 12 months of the violation; or
(b) 
Not less than $200 nor more than $500 if the person has committed a previous violation within 12 months of the violation.
(2) 
In addition to the forfeitures provided in Subsection B(1)(a) and (b) above, a court shall suspend any license issued under Article I of this chapter to a person violating this section pursuant to § 125.07(1)(b)3, Wis. Stats.
C. 
Sale of alcohol beverages to intoxicated persons.
(1) 
No person may procure for, sell, dispense or give away alcohol beverages to a person who is intoxicated.
(2) 
No licensee or permittee may sell, vend, deal or traffic in alcohol beverages to or with a person who is intoxicated.
D. 
Penalties. Any person who violates Subsection C above shall be subject to a forfeiture of not less than $100 nor more than $500 and, on default of payment of such forfeiture, shall be imprisoned until such forfeiture is paid, but not to exceed 60 days.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 254-24 Underage persons in places of sale.

A. 
Restrictions. An underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age may not enter or be on any premises for which a license or permit for the retail sale of alcohol beverages has been issued, for any purpose except the transaction of business pertaining to the licensed premises with or for the licensee or his or her employee. The business may not be amusement or the purchase, receiving or consumption of edibles or beverages or similar activities which normally constitute activities of a customer of the premises. This subsection does not apply to:
(1) 
An underage person who is a resident, employee, lodger or boarder on the premises controlled by the proprietor, licensee or permittee of which the licensed premises consists or is a part.
(2) 
An underage person who enters or is on a "Class A" retail intoxicating liquor premises for the purpose of purchasing edibles or beverages other than alcohol beverages. An underage person so entering the premises may not remain on the premises after the purchase.
(3) 
Hotels, drugstores, grocery stores, bowling alleys, cars operated by any railroad, regularly established athletic fields, stadiums, or public facilities as defined in § 125.51(5)(b)1d, Wis. Stats., which are owned by a county or municipality.
(4) 
Ski chalets, golf clubhouses and private tennis clubs.
(5) 
Premises operated under both a Class "B" or "Class B" license or permit and a restaurant permit where the principal business conducted is that of a restaurant. If the premises is operated under both a Class "B" or "Class B" license or permit and a restaurant permit, the principal business conducted is presumed to be the sale of alcohol beverages, but the presumption may be rebutted by competent evidence.
(6) 
An underage person who enters or remains on a Class "B" or "Class B" premises for the purpose of transacting business at an auction or market if the person does not enter or remain in a room where alcohol beverages are sold or furnished.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(7) 
An underage person who enters or remains in a room on Class "B" or "Class B" licensed premises separate from any room where alcohol beverages are sold or served for the purpose of engaging in marching or drilling with a group of other persons if no alcohol beverages are furnished or consumed by any person in the room where the underage person is present and the presence of underage persons is authorized under this subsection. An underage person may enter and remain on Class "B" or "Class B" premises under this subsection only if the municipality which issued the Class "B" or "Class B" license adopts an ordinance permitting underage persons to enter and remain on the premises as provided in this subsection and the law enforcement agency responsible for enforcing the ordinance issues to the Class "B" or "Class B" licensee a written authorization permitting underage persons to be present under this subsection on the date specified in the authorization. Before issuing the authorization, the law enforcement agency shall make a determination that the presence of underage persons on the licensed premises will not endanger their health, welfare or safety or that of other members of the community. The licensee shall obtain a separate authorization for each date on which underage persons will be present on the premises.
B. 
Penalties. A licensee or permittee who directly or indirectly permits an underage person to enter or be on a licensed premises in violation of Subsection A is subject to a forfeiture of not more than $500.

§ 254-25 Prohibited acts by underage persons.

A. 
Any underage person who does any of the following is guilty of a violation:
(1) 
Procures or attempts to procure alcohol beverages.
(2) 
Knowingly possesses or consumes intoxicating liquor.
(3) 
Enters or is on licensed premises in violation of § 254-24A.
(4) 
Falsely represents his or her age for the purpose of receiving alcohol beverages from a licensee or permittee.
B. 
Any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age who knowingly possesses or consumes fermented malt beverages is guilty of a violation.
C. 
Any person violating Subsection A or B is subject to the following penalties:
(1) 
For a first violation, a forfeiture of not more than $50, suspension of the person's operating privilege as provided under § 343.30(6)(b)1, Wis. Stats., participation in a supervised work program under Subsection D or any combination of these penalties.
(2) 
For a violation committed within 12 months of a previous violation, either a forfeiture of not more than $100, suspension of the person's operating privilege as provided under § 343.30(6)(b)2, Wis. Stats., participation in a supervised work program under Subsection D or any combination of these penalties.
(3) 
For a violation committed within 12 months of two or more previous violations, either a forfeiture of not more than $150, revocation of the person's operating privilege under § 343.30(6)(b)3, Wis. Stats., participation in a supervised work program under Subsection D or any combination of these penalties.
D. 
Supervised work program.
(1) 
If the court orders a person to participate in a supervised work program under Subsection C, the court shall set standards for the program within the budgetary limits established by the County Board. The program may provide the person with reasonable compensation reflecting the market value of the work performed or it may consist of uncompensated community service work and shall be administered by the County Department of Public Welfare or a community agency approved by the court.
(2) 
The supervised work program shall be of a constructive nature designed to promote the person's rehabilitation, shall be appropriate to the person's age level and physical ability and shall be combined with counseling from an agency staff member or other qualified person. The program may not conflict with the person's regular attendance at school. The amount of work required shall be reasonably related to the seriousness of the person's offense.
E. 
When a court revokes or suspends a person's operating privilege under Subsection C, the Department of Transportation may not disclose information concerning or relating to the revocation or suspension to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency or the person whose operating privilege is revoked or suspended. A person entitled to receive information under this subsection may not disclose the information to any other person or agency.
F. 
A person who is under 17 years of age on the date of disposition is subject to § 938.344, Wis. Stats., unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under § 938.344(3), Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
Subsections A and B do not prohibit an underage person employed by a licensee or permittee from possessing fermented malt beverages during the brewing process or for sale or delivery to customers.
H. 
Subsections A and B do not prohibit an underage person employed by a brewery, a winery or a facility for the rectifying or manufacture of intoxicating liquor or the production of fuel alcohol from possessing alcohol beverages during regular working hours and in the course of employment.

§ 254-26 Defense of sellers.

A. 
Defenses. Proof of the following facts by a seller of alcohol beverages to an underage person is a defense to any prosecution for a violation of this article:
(1) 
That the purchaser falsely represented in writing and supported with other documentary proof that he or she had attained the legal drinking age.
(2) 
That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the legal drinking age.
(3) 
That the sale was made in good faith and in reliance on the written representation and appearance of the purchaser in the belief that the purchaser had attained the legal drinking age.
B. 
Book kept by licensees and permittees. Every retail alcohol beverage licensee or permittee shall cause a book to be kept for the purpose of this section. The licensee or permittee or his or her employee shall require any person who has shown documentary proof that he or she has attained the legal drinking age to sign the book if the person's age is in question. The book shall show the date of the purchase of the alcohol beverages, the identification used in making the purchase, the address of the purchaser and the purchaser's signature.

§ 254-27 False or altered identification cards.

A. 
Any person who has attained the legal drinking age who makes, alters or duplicates an official identification card may be fined not less than $50 nor more than $500 and, on default of payment of such forfeiture, shall be imprisoned until such forfeiture is paid, but not to exceed 30 days.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Any person who has attained the legal drinking age who, in applying for an identification card, presents false information to the issuing officer may be fined not less than $50 nor more than $100 and, on default of payment of such forfeiture, shall be imprisoned until such forfeiture is paid, but not to exceed 10 days.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Any underage person who does any of the following is subject to the penalties specified under § 254-25C or D:
(1) 
Intentionally carries an official identification card not legally issued to him or her, an official identification card obtained under false pretenses or an official identification card which has been altered or duplicated to convey false information. A law enforcement officer shall confiscate any card that violates this subsection.
(2) 
Makes, alters or duplicates an official identification card.
(3) 
Presents false information to an issuing officer in applying for an official identification card.

§ 254-28 Possession of alcohol beverages on school grounds.

A. 
As used in this section, the following terms shall have the meaning indicated:
MOTOR VEHICLE
A motor vehicle owned, rented or consigned to a school.
SCHOOL
A public, parochial or private school which provides an educational program for one or more grades between grades one and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school or high school.
SCHOOL ADMINISTRATOR
The person designated by the governing body of a school as ultimately responsible for the ordinary operations of a school.
SCHOOL PREMISES
Premises owned, rented or under the control of a school.
B. 
Except as provided by Subsection C, no person may possess or consume alcohol beverages:
(1) 
On school premises;
(2) 
In a motor vehicle, if a pupil attending the school is in the motor vehicle; or
(3) 
While participating in a school-sponsored activity.
C. 
Alcohol beverages may be possessed or consumed on school premises, in motor vehicles or by participants in school-sponsored activities if specifically permitted in writing by the school administrator consistent with applicable laws and ordinances.
D. 
A person who violates this section is subject to a forfeiture of not more than $200, except that § 938.344, Wis. Stats., and § 254-25C and D of this article provide the penalties applicable to underage persons.

§ 254-29 Adult permitting or encouraging underage violation.

A. 
No adult may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by an underage person on premises owned by the person or under the person's control. This subsection does not apply to alcohol beverages used exclusively as part of a religious service.
B. 
No adult may intentionally encourage or contribute to a violation of § 254-25A or B.
C. 
A person who violates this section is subject to a forfeiture of not more than $200.

§ 254-30 Solicitation of drinks.

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), Wis. Stats., 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.

§ 254-31 Intoxicated bartenders.

No person shall sell, serve, dispense or give away any intoxicated liquor or fermented malt beverage if that person is intoxicated as defined by the Wisconsin Statutes.