[HISTORY: Adopted by the Town Board of the
Town of Winneconne 10-20-1994 as §§ 12.03 and 12.07 of the 1994 Code.
Amendments noted where applicable.]
The provisions of Ch. 125, Wis. Stats., defining
and regulating the sale, procurement, dispensing, consumption 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.
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.
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 herein specified,
which, when so issued, shall permit the holder to sell, deal or traffic
in alcohol beverages as provided in the referenced state statute.
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 1/2 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 4-21-2005]
(2)
Special event. See § 125.26(6), Wis. Stats.
No organization shall receive more than three licenses in any one
calendar year for the sale of fermented malt beverages. There shall
be at least two licensed operators at all licensed special events.
C.
Wholesaler's fermented malt beverage license. The
fee 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.
F.
Operator's license. See § 125.17, Wis. Stats.
(1)
Operators' 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)
Operators' licenses may be issued only on written
application on forms provided by the Town.
(3)
Operators' licenses shall be valid for one year and
shall expire on June 30 of each year.
[Amended 4-21-2005]
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 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.
A.
Statutory requirements. Licenses shall be issued only
to persons eligible therefor under § 125.04, Wis. Stats.
B.
Location.
(1)
No retail Class "A," "Class A," Class "B" 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 building, hospital building or church building.
C.
Violators of liquor or beer laws or ordinances. No
retail Class "A," "Class A," Class "B" 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" or Class "B" license shall be issued for any premises which does
not conform to the sanitary, safety and health requirements of the
Department of Safety and Professional Services 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.
[Amended 12-19-2019 by Ord. No. 2019-6]
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 legal
drinking age. Operators' licenses may be issued only to applicants
who have attained the age of 18.
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 initial
or renewal 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.
K.
Fencing may be required for special events. No special
event license shall be issued for any outdoor area which is not fenced
and posted with notice that fermented malt beverages may not be carried
or consumed outside the fenced area. Every special event licensee
shall provide for the services of a certified uniformed officer to
enforce the provisions of this subsection.
L.
Active use required.
(1)
As a minimum requirement, each holder of a Class "A,"
"Class A," Class "B" or "Class B" liquor or fermented malt beverage
license shall place the same in active use for a period of not less
than 90 days during each and every licensing period, such licensing
period running from the date of July 1 up through the date of June
30 of the subsequent year.
(2)
The term "active use" as used in this subsection is
hereby defined to be the normal, day-to-day use of the same in a business
operation.
(3)
The Town Board, any member of the Town Board or any
resident within the Town may petition the Town Board alleging that
a violation of this subsection has been committed by a particular
license holder, and the Town Board shall then schedule, within 30
days, a hearing to determine whether or not this subsection has been
so violated. Notice of hearing shall be given in writing to the alleged
violator pursuant to § 125.12, Wis. Stats.
(4)
The Town Board, in determining whether or not active
use of such license exists, shall consider the following information
which it shall be the obligation of the license holder to furnish:
(a)
Specific dates and hours of operation for the
period in question.
(b)
Type of advertising, if any, during the period
in question.
(c)
Weekly wages paid to employees during operation
of the licensed premises for the period in question.
(d)
Gross liquor and beer purchase and sales during
the period in question.
(e)
Sales tax paid to the State of Wisconsin during
the period in question.
(f)
An approved release from the Department of Health
and Family Services for the period in question.
(g)
Any other pertinent testimony which may lead
to the conclusion that the subject premises was or was not in active
operation.
(5)
The Town Board, after hearing all testimony of all
interested parties, shall determine by majority vote whether or not
such license has been in active use, pursuant to the requirements
of this subsection above.
(6)
If it is determined that the holder of such license
is in violation of this subsection, the Town Board may revoke such
license.
[Amended 4-21-2005]
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. The Town Clerk shall
affix his affidavit.
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 as set by the Town Board.
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.
A.
Gambling and disorderly conduct prohibited. Each licensed
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 underage person 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.
No premises for which an alcohol beverage license
has been issued shall remain open for the sale of alcohol beverages:
A.
If a retail Class "A" fermented malt beverage license,
between 12:00 midnight and 6:00 a.m.
[Amended 3-15-2012]
B.
If a retail "Class A" intoxicating liquor license,
between 9:00 p.m. and 6:00 a.m.
[Amended 3-15-2012]
C.
If a retail Class "B" or "Class B" license, between
2:00 a.m. and 6:00 a.m. on weekdays and between 2:30 a.m. and 6:00
a.m. on Saturdays and Sundays. No licensed premises shall be required
to close on January 1. No package, container or bottle sales shall
be made after 12:00 midnight.
D.
Hotels and restaurants whose principal business is
the furnishing of food or lodging to patrons, bowling alleys, indoor
horseshoe-pitching facilities, curling clubs 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.
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.
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.
A violation of this chapter by an authorized
agent or employee of a licensee shall constitute a violation by the
licensee.
[Added 7-16-1998]
A.
Provisional retail licenses.
(1)
Pursuant to § 125.185(1), Wis. Stats., provisional
retail licenses shall be issued by a municipal governing body that
issues licenses authorizing the retail sale of fermented malt beverages,
intoxicating liquor, or wine.
(2)
The Town of Winneconne, Winnebago County, Wisconsin,
does hereby ordain that the Town Clerk or Deputy Town Clerk shall
be the designated municipal official having the authority to issue
provisional retail licenses.
(3)
The Town of Winneconne further ordains that the following
standards be established for issuance of a provisional retail license:
(a)
A provisional retail license may be issued only
to a person who has applied for a Class "A," Class "B," "Class A,"
"Class B" or "Class C" license and authorizes only the activities
that the type of retail license applied for authorizes.
(b)
The Town of Winneconne Town Board will establish
the fee for a provisional retail license which shall be paid at the
time of application.
(c)
A provisional retail license expires 60 days
after its issuance or when the Class "A," Class "B," "Class A," "Class
B" or "Class C" license is issued to the holder, whichever is sooner.
The official who issued the provisional retail license may revoke
the license if he or she discovers that the holder of the license
made a false statement on the application.
(d)
Notwithstanding § 125.17(1), Wis.
Stats., a municipal official may not issue a provisional "Class B"
license if the municipality's quota under § 125.51(4), Wis.
Stats., prohibits the municipality from issuing a "Class B" license.
(e)
No person may hold more than one provisional
retail license for each type of license applied for by the holder
per year.
B.
Provisional operators' licenses.
(1)
Pursuant to § 125.17(5)(a), Operator's provisional
license, Wis. Stats., a municipal governing body that issues operators'
licenses shall issue provisional operators' licenses.
(2)
The Town of Winneconne, Winnebago County, Wisconsin,
does hereby ordain that the Town Clerk or Deputy Town Clerk shall
be the designated municipal official having the authority to issue
a provisional operator's license
(3)
The Town of Winneconne, Winnebago County, Wisconsin,
further ordains that the following standards be established for issuance
of a provisional operator's license:
(a)
A provisional license may be issued only to
a person who has applied for an operator's license under § 125.17(1),
Wis. Stats. A provisional license may not be issued to any person
who has been denied a license under § 125.17(1), Wis. Stats.,
by the Town of Winneconne.
(b)
Fee. A fee as set by the Town Board shall be
paid upon filing of the application.
(c)
Expiration of the provisional operator's license
shall be 60 days after its issuance or when a license under § 125.17(1),
Wis. Stats., is issued to the holder, whichever is sooner.
(d)
The official who issued the provisional license
may revoke the license if he or she discovers that the holder of the
license made a false statement on the application.
