[HISTORY: Adopted by the Common Council of
the City of Bayfield as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-1-1992 (§§ 7-2-1
through 7-2-40 of the 1992 Code of Ordinances)]
The provisions of Ch. 125, Wis. Stats., relating
to the sale of intoxicating liquor and fermented malt beverages, except
provisions therein relating to penalties to be imposed, are hereby
adopted by reference and made a part of this article as if fully set
forth herein. Any act required to be performed or prohibited by any
statute incorporated herein by reference is required or prohibited
by this article. Any future amendment, revisions or modifications
of the statutes incorporated herein are intended to be made a part
of this article in order to secure uniform statewide regulation of
alcohol beverage control.
[Amended 10-18-2006 by Ord. No. 335]
As used in this article the terms "alcoholic
beverages," "intoxicating liquors," "principal business," "legal drinking
age," "premises," "sell," "sold," "sale," "restaurant," "club," "retailer,"
"person," "fermented malt beverages," "wholesalers" and "operators"
shall have the meaning given them by Ch. 125, Wis. Stats.
No person, firm or corporation shall vend, sell,
deal or traffic in or have in his 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 §§ 125.16,
125.27, 125.28 and 125.51, Wis. Stats.
A.
Retail "Class A" intoxicating liquor license. A retail
"Class A" intoxicating liquor license, when issued by the City Clerk
under the authority of the Common Council, 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 City Clerk
under authority of the Common Council, shall permit its holder to
sell, deal and traffic in intoxicating liquors to be consumed by the
glass only on the premises so licensed and in the original package
or container in multiples not to exceed four liters at any one time,
to be consumed off the premises so licensed.
C.
Class "A" fermented malt beverage retailer's license.
A Class "A" retailer's fermented malt beverage license, when issued
by the City Clerk under the authority of the Common Council, 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. Such license
may be issued after July 1. The license shall expire on the following
June 30.
D.
Class "B" fermented malt beverage retailer's license.
(1)
License. A Class "B" fermented malt beverage retailer's
license, when issued by the City Clerk under the authority of the
Common Council, shall entitle the holder thereof to possess, sell
or offer for sale, fermented malt beverages, to be consumed upon the
premises where sold. 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. Such license may be issued after July
1. The license shall expire on the following June 30.
(2)
Application. Class "B" licenses may be issued to any
person qualified under § 125.04(5), Wis. Stats. Such licenses
may not be issued to any person acting as agent for or in the employ
of another except that this restriction does not apply to a hotel
or restaurant which is not a part of or located on the premises of
any mercantile establishment, or to a bona fide club, society or lodge
that has been in existence for at least six months before the date
of application. A Class "B" license for a hotel, restaurant, club,
society or lodge may be issued in the name of an officer who shall
be personally responsible for compliance with this article. Except
as provided in § 125.31, Wis. Stats., Class "B" licenses
may not be issued to brewers or fermented malt beverages wholesalers.
E.
Temporary Class "B" fermented malt beverage and temporary "Class
B" wine licenses.
[Amended 10-18-2006 by Ord. No. 335; 5-11-2015 by Ord. No. 375]
(1)
License(s). As provided in § 125.26(1) and (6), Wis. Stats.,
temporary Class "B" fermented malt beverage and, as provided in § 125.51(10),
Wis. Stats., temporary "Class B" wine licenses may be issued to bona
fide clubs, to county or local fair associations or agricultural societies,
to churches, lodges or societies that have been in existence for at
least six months before the date of application and to posts of veterans'
organizations, authorizing the sale of fermented malt beverages at
a particular picnic or similar gathering, at a meeting of the post,
or during a fair conducted by the fair association or agricultural
society. Such license is valid for dates as approved by the Common
Council, or Clerk if the next regular Council Meeting follows the
planned event.
(2)
Application. Application for such license shall be signed by the president or corresponding officer of the society or association making such application and shall be filed with the City Clerk together with the appropriate license fee for each day for which the license is sought. Any person fronting for any group other than the one applied for shall, upon conviction thereof, be subject to the penalty provisions of § 255-28 of this article and will be ineligible to apply for a temporary Class "B" license for one year. The license shall specify the hours and dates of license validity.
(3)
Restrictions:
(a)
Licenses may not be issued to individuals.
(b)
Licenses to organizations, other than ex-servicemen's organizations,
can be issued only for a picnic or similar gathering. They may not
be issued for business or social meetings of the organization.
(c)
Licenses for club or organization meetings may be issued only
to ex-servicemen's posts.
(d)
Licenses may cover either a specified area or the entire picnic
grounds.
(e)
Licenses issued to a county or district fair must cover the
entire fairground (§§ 125.26(6) and 125.51(10), Wis.
Stats.).
(f)
No license to clubs having any indebtedness to any wholesaler
for more than 15 days for beer (§ 125.33(7), Wis. Stats.)
and 30 days for wine (§ 125.69(4)(b), Wis. Stats.).
(g)
Licensed operator(s) must be present at all times (§§ 125.26(6),
125.32(2) -- Beer; 125.51(10), 125.68(2) -- Wine; 125.17).
(h)
The licensed club, club members, or any other persons are not
permitted to possess intoxicating liquor on licensed premises on the
Temporary Class "B"/"Class B" licensed picnic area. (§ 125.32(6),
Wis. Stats.)
(i)
Not more than two wine licenses may be issued to any club, county
or local fair association, agricultural association, church, lodge,
society or veterans' post in any twelve-month period.
(j)
Licensed organizations must purchase their product from a licensed
wholesaler.
F.
Wholesaler's license. A wholesaler's fermented malt
beverage license, when issued by the Clerk under the authority of
the Council, 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 C" licenses.
(1)
In this subsection, "barroom" means a room that is
primarily used for the sale or consumption of alcohol beverages.
(2)
A "Class C" license authorizes the retail sale of
wine by the glass or in an opened original container for consumption
on the premises where sold.
(3)
A "Class C" license may be issued to a person qualified
under § 125.04(5), Wis. Stats., 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 if the City's quota prohibits
the City from issuing a "Class B" license to that person. A "Class
C" license may not be issued to a foreign corporation or a person
acting as agent for or in the employ of another.
[Amended 10-18-2006 by Ord. No. 335]
There shall be the following classes of licenses which, when issued by the City Clerk under the authority of the Common Council after payment of the license fee and publication costs hereinafter specified, shall permit the holder to sell, deal or traffic in intoxicating liquors or fermented malt beverages as provided in § 255-4 of this article and Ch. 125, Wis. Stats.:
A.
Class "A" fermented malt beverages retailer's license.
The annual fee for this license shall be as set by the Common Council.
The fee for a license for less than 12 months shall be prorated according
to the number of months or fraction thereof for which the license
is issued.
B.
Class "B" fermented malt beverage license. The annual
fee for this license shall be as set by the Common Council. This license
may be issued at any time for six months in any calendar year, for
which 50% of the applicable license fee shall be paid, but such license
shall not be renewable during the calendar year in which issued. The
fee for a license for less than 12 months shall be prorated according
to the number of months or fraction thereof for which the license
is issued.
C.
Temporary Class "B" fermented malt beverage license.
The fee for this license shall be as set by the Common Council per
event.
D.
Fermented malt beverage wholesalers' license. The
annual fee for this license shall be as set by the Common Council.
E.
"Class A" intoxicating liquor retailer's license.
The annual fee for this license shall be as set by the Common Council.
F.
"Class B" intoxicating liquor retailer's license.
The annual fee for this license shall be as set by the Common Council.
This license may be issued at any time for six months in any calendar
year, for which 50% of the applicable license fee shall be paid, but
such license shall not be renewable during the calendar year in which
issued.
G.
"Class C" wine license. The annual fee for this license
shall be as set by the Common Council. The fee for less than one year
shall be prorated.
H.
Temporary "Class B" wine license. The fee for this
license shall be as set by the Common Council per event, except that
no fee may be charged to a person who at the same time applies for
a temporary Class "B" license for the same event.
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 City Clerk not
less than 15 days prior to the granting of such license. The premises
shall be physically described to include every room and storage space
to be covered by the license, including all rooms not separated by
a solid wall or joined by connecting entrances.
B.
Corporations. Such application shall be filed and
sworn to by the applicant if an individual, by the president and secretary,
of a corporation.
C.
Publication. The City Clerk shall publish each application
for a Class "A," Class "B," "Class A," "Class B," or "Class C" license.
There is no publication requirement for temporary Class "B" picnic
beer licenses under § 125.26, Wis. Stats. The application
shall be published once in the official City newspaper, and the costs
of publication shall be paid by the applicant at the time the application
is filed, as determined under § 985.08, Wis. Stats.
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.
E.
License quotas. Retail intoxicating liquor and fermented
malt beverage licenses issued by the Common Council shall be limited
in number to the quota prescribed by state law.
A.
Residence requirements. A retail Class "A" or Class
"B" fermented malt beverage or "Class A" or "Class B" intoxicating
liquor license shall be granted only to persons who are citizens of
the United States and who have been residents of the State of Wisconsin
continuously for at least 90 days prior to the date of the application.
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. Licenses related to alcohol beverages
shall only be granted to persons who have attained the legal drinking
age.
E.
Corporate restrictions.
(1)
No license or permit may be issued to any corporation
unless the corporation meets the qualifications under § 125.04(a)1
and 4 and (b), Wis. Stats., unless the agent of the corporation appointed
under § 125.04)(6) and the officers and directors of the
corporation meet the qualifications of § 125.04(a)1 and
3 and (b) and unless the agent of the corporation appointed under
§ 125.04(6) meets the qualification under § 125.049(a)2.
The requirement that the corporation meet the qualifications under
§ 125.04(a)1 and (b) does not apply if the corporation has
terminated its relationship with all of the individuals whose actions
directly contributed to the conviction.
(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 City Clerk a statement
of transfers of stock within 48 hours after such transfer of stock.
(3)
Any license issued to a corporation may be revoked
in the manner and under the procedure established in § 125-12,
Wis. Stats., when more than 50% of the stock interest, legal or beneficial,
in such corporation is held by any person or persons not eligible
for a license under this article or under the state law.
F.
Sales tax qualification. All applicants for retail
licenses shall provide proof, as required by § 77.61(11),
Wis. Stats., that they are in good standing for sales tax purposes
(i.e., hold a seller's permit) before they may be issued a license.
G.
Connecting premises. Except in the case of hotels,
no person may hold both a "Class A" license and either a "Class B"
license or permit, a Class "B" license or permit, or a "Class C" license
for the same premises or for connecting premises. Except for hotels,
if either type of license or permit is issued for the same or connecting
premises already covered by the other type of license or permit, the
license or permit last issued is void. If both licenses or permits
are issued simultaneously, both are void.
H.
Limitations on other business; Class "B" premises.
No Class "B" license or permit may be granted for any premises where
any other business is conducted in connection with the premises, except
that this restriction does not apply if the premises for which the
Class "B" license or permit is issued is connected to the premises
where other business is conducted by a secondary doorway that serves
as a safety exit and is not the primary entrance to the Class "B"
premises. No other business may be conducted on premises operating
under a Class "B" license or permit. These restrictions do not apply
to any of the following:
(1)
A hotel.
(2)
A restaurant, whether or not it is a part of or located
in any mercantile establishment.
(3)
A combination grocery store and tavern.
(4)
A combination sporting goods store and tavern in towns,
villages, and fourth-class cities.
(5)
A combination novelty store and tavern.
(6)
A bowling alley or recreation premises.
(7)
A club, society or lodge that has been in existence
for six months or more prior to the date of filing application for
the Class "B" license or permit.
The City Clerk shall notify the Chief of Police,
Fire Inspector 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 City Clerk in writing, who shall forward to the
Common Council, 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.
A.
No license shall be granted for operation on any premises
or with any equipment for which taxes, assessments, forfeitures or
other financial claims of the City are delinquent and unpaid.
B.
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 and
the Common Council 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 City.[1]
C.
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.
D.
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 Common Council, the Common Council 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 Council, 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.
A.
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 Common Council, the City
Clerk shall issue to the applicant a license, upon payment by the
applicant of the license fee to the City. License fees for "Class
A," Class "A," "Class B" and Class "B" licenses shall be prorated
as required by §§ 125.25(4), 125.26(4) and 125.51(9)(a),
Wis. Stats, and the provisions of this article.[1]
B.
If the Common Council denies the license, the applicant
shall be notified in writing, by registered mail or personal service,
of the reasons for the denial. The notice shall also inform the applicant
of the opportunity to appear before the Common Council and to provide
evidence as to why the denial should be reversed. In addition, the
notice shall inform the applicant that the reconsideration of the
application shall be held in closed session, pursuant to § 19.85
(1)(b), Wis. Stats., unless the applicant requests such reconsideration
be held in open session and the Common Council consents to the request.
Such written notice shall be mailed or served upon the applicant at
least 10 days prior to the Common Council meeting at which the application
is to be reconsidered.
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 Common Council.
An application for transfer shall be made on a form furnished by the
City Clerk. Proceedings for such transfer shall be had in the same
form and manner as the original application. The fee for such transfer
shall be as prescribed by § 125.04(12), Wis. Stats. Whenever
a license is transferred, the City Clerk shall forthwith notify the
Wisconsin Department of Revenue of such transfer. In the event of
the sale of a business or business premises of the licensee, the purchaser
of such business or business premises must apply to the City for reissuance
of said license and the City, as the licensing authority, shall in
no way be bound to reissue said license to said subsequent purchaser.[1]
B.
Whenever the agent of a corporate holder of a license
is for any reason replaced, the licensee shall give the City Clerk
written notice of said replacement, the reasons therefor and the new
appointment. Until the next regular meeting or special meeting of
the Common Council, 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 City Clerk of notice of disapproval of the successor agent
by the Wisconsin Department of Revenue or other peace officer of the
municipality in which the license was issued. The corporation's license
shall not be in force after receipt of such notice or after a regular
or special meeting of the Common Council until the successor agent
or another qualified agent is appointed and approved by the City.
All licenses shall be numbered in the order
in which they are issued and shall state clearly the specific premises
for which granted, the date of issuance, the fee paid and the name
of the licensee.
A.
Every person licensed in accordance with the provisions
of this article shall immediately post such license and keep the same
posted while in force in a conspicuous place in the room or place
where said beverages are drawn or removed for service or sale.
B.
It shall be unlawful for any person to post such license
or to be permitted to post it upon premises other than those mentioned
in the application or knowingly to deface or destroy such license.
All retail Class "A," Class "B," "Class A" and
"Class B" licenses granted hereunder shall be granted subject to the
following conditions, and all other conditions of this section, and
subject to all other ordinances and regulations of the City 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 City 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 City 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" licenses shall employ any underage person, as defined in the Wisconsin
Statutes, 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.
C.
Disorderly conduct prohibited. Each licensed premises
shall, at all times, be conducted in an orderly manner, and no disorderly,
riotous or indecent conduct shall be allowed at any time on any licensed
premises.
D.
Licensed operator on premises. There shall be upon
premises operated under a "Class B," Class "B," or "Class C" license,
at all times, the licensee, members of the licensee's immediate family
who have attained the legal drinking age, and/or some person who shall
have an operator's license and who shall be responsible for the acts
of all persons serving as waiters, or in any other manner, any fermented
malt beverages to customers. No person other than the licensee shall
serve fermented malt beverages in any place operated under a "Class
B," "Class B," or "Class C" license unless he possesses an operator's
license, or there is a person with an operator's license upon said
premises at the time of such service.
E.
Health and sanitation regulations. The rules and regulations
of the State Department of Commerce governing sanitation in restaurants
shall apply to all "Class B" liquor licenses issued under this article.
No "Class B" or "Class C" license shall be issued unless the premises
to be licensed conform to such rules and regulations.
F.
Restrictions near schools and churches. No retail
Class "A," Class "B," "Class A" 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.
Clubs. No club shall sell or give away any intoxicating
liquors except to bona fide members and guests invited by members.
H.
Gambling prohibited. Except as authorized by state
law, no gambling or game of chance of any sort shall be permitted
in any form upon any premises licensed under this article or the laws
of the State of Wisconsin.
I.
Credit prohibited. No retail Class "A," Class "B,"
"Class A," "Class B," or "Class C" liquor, wine, or fermented malt
beverage licensee shall sell or offer for sale any alcohol beverage
to any person or persons by extending credit, except hotel credit
extended to a resident guest or a club to a bona fide member. It shall
be unlawful for such licensee or permittee to sell alcohol beverages
to any person on a passbook or store order or to receive from any
person any goods, ware, merchandise or other articles in exchange
for alcohol beverages.
J.
Licensee or permittee responsible for acts of help.
A violation of this article by a duly authorized agent or employee
of a licensee or permittee under this article shall constitute a violation
by the licensee or permittee. Whenever any licensee or permittee under
this article shall violate any portion of this article, proceedings
for the suspension or revocation of the license or permit of the holder
thereof may be instituted in the manner prescribed in this article.
K.
Improper exhibitions. It shall be unlawful for any
person to perform, or for any licensee or manager or agent of the
licensee to permit any employee, entertainer or patron to engage in
any live act, demonstration, dance or exhibition on the licensed premises
which:
(1)
Exposes his or her genitals, pubic hair, buttocks,
perineum, anal region or pubic hair region; or
(2)
Exposes any device, costume or covering which gives
the appearance of or simulates genitals, pubic hair, buttocks, perineum,
anal region or pubic hair region; or
(3)
Exposes any portion of the female breast at or below
the areola thereof; or
(4)
Engages in or simulates sexual intercourse and/or
any sexual contact, including the touching of any portion of the female
breast or the male and/or female genitals.[1]
[1]
Editor's Note: Annotation: See Colonnade Catering
Corp. v. United States. 397 U.S. 72, 90 S. Ct. 774 (1970); and State
v. Erickson, 101 Wis. 2d 224 (1981), for guidelines for warrantless
searches of licensed premises.
Closing hours shall be established in conformance
with § 125.32(3), Wis. Stats., and further restricted as
follows:
A.
Certain classes of licenses.
(1)
No premises for which a retail "Class B" liquor, Class
"B" fermented malt beverage, or "Class C" wine license has been issued
shall be permitted to remain open for the sale of liquor or fermented
malt beverages or for any other purpose between the hours of 2:00
a.m. and 6:00 a.m., Monday through Friday, and 2:30 a.m. and 6:00
a.m., Saturday and Sunday. There shall be no closing hours on January
1.
(2)
Hotels and restaurants, the principal business of which is the furnishing of food or lodging to patrons, bowling alleys, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but shall not sell liquor or malt beverages during the closing hours of Subsection A(1) above.
B.
Carry-out hours. Between 9:00 p.m. and 8:00 a.m.,
no person may sell, remove, carry out or permit to be removed or carried
out from any premises having a "Class A" or Class "A" license, fermented
malt beverages or intoxicating liquor in original unopened packages,
containers or bottles or for consumption away from the premises.
It shall be unlawful for any person or organization
on a temporary basis to sell or offer to sell any alcohol beverage
upon any City-owned property or privately owned property within the
City of Bayfield, except through the issuance of a temporary Class
"B" fermented malt beverage license issued by the Common Council in
accordance with Wisconsin Statutes and as set forth in this section.
A temporary Class "B" fermented malt beverage license authorizing
the sale and consumption of beer and/or wine on City-owned property
or privately owned property may be authorized by the Common Council
provided the following requirements are met:
A.
Compliance with eligibility standards. The organization shall meet the eligibility requirements of a bona fide club, association, lodge or society as set forth in § 125.26(6), Wis. Stats., and shall fully comply with the requirements of this section and § 255-30 of Article II, Offenses Involving Alcoholic Beverages, of this chapter. Members of an organization which is issued a temporary license and who are issued operator's licenses for the event shall attend a pre-event informational meeting to learn what rules and regulations apply and what the responsibilities of the bartenders and organization will be.
B.
Posting of signs and licenses. All organizations issued
a temporary license shall post in a conspicuous location at the main
point of sale and at all remote points of sale a sufficient number
of signs stating that no fermented malt beverage shall be served to
any underage person without proper identification.
C.
Fencing. If necessary due to the physical characteristics
of the site, the Common Council may require that organizations install
a double fence around the main point of sale to control ingress and
egress and continually station a licensed operator, security guard
or other competent person at the entrance for the purpose of checking
age identification. Where possible, there shall be only one point
of ingress and egress. When required, the double fence shall be a
minimum of four feet high and a minimum of six feet between fences.
D.
Underage persons prohibited. No underage persons as
defined by the Wisconsin Statutes shall be allowed to assist in the
sale of fermented malt beverages or wine at any point of sale, nor
shall they be allowed to loiter or linger in the area of any point
of sale.
E.
Licensed operators requirement. A licensed operator
shall be stationed at all points of sales at all times.
F.
Waiver. The Common Council may waive or modify the
requirements of this section due to the physical characteristics of
the licensed site.
G.
Insurance. The applicant for a temporary fermented
malt beverage or wine license may be required to indemnify, defend
and hold the City 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 permit 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 City of Bayfield.
H.
Beer and liquor not to be carried in. No person shall
bring fermented malt beverages or intoxicating liquor in any form
of a container with him, or in his automobile, to any public function
within the City of Bayfield for his own consumption, or consumption
of others; except only under permission of the Common Council granted
for such function. The term "public function" shall be construed to
mean any function that is open to the general public for an admission
charge or without admission charge upon any premises in the City.
A.
Intent. Chapter 125 of the Wisconsin Statutes provides
for remedies and sets forth proper procedures with respect to suspension,
revocation, or nonrenewal of licenses. The City of Bayfield states
that it is the public policy of the City to balance the interest of
its citizens and of visitors to the City against the interest of the
license holders in operating and maintaining their business activities
upon licensed premises.
B.
Adherence to requirements. If the license holder fails
to adhere to certain minimum standards, or fails to abide by this
article and/or applicable Wisconsin law, the license holder shall
be subject to the provisions herein set forth.
C.
Rules. To provide for an orderly administration of
this article and the maintenance of existing licenses, it is the policy
of the City to provide and adopt rules relative to maintenance of
licenses and the suspension, revocation or nonrenewal thereof.
D.
Demerit point system. In order to implement this policy,
the Council imposes an alcohol beverage demerit point system. This
demerit point system is designed to enable the City to enforce violations
of this article and Wisconsin law. A violation and the accumulation
of demerit points may lead to a forfeiture, suspension, revocation
or nonrenewal as set forth herein.
E.
Procedure. Whenever the holder of any license under this article violates any portion of this article or Article II, Offenses Involving Alcoholic Beverages, of this chapter, proceedings for the revocation of such license may be instituted in the manner and under the procedure established by this section.
F.
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 losing of the licensed premises
for at least 12 months shall be prima facie evidence of the abandonment,
unless extended by the Common Council.
G.
License revocation or suspension. License revocation
or suspension procedures shall be as prescribed by Ch. 125, Wis. Stats.,
and this section.
H.
Demerit point schedule.
(1)
The scale of demerit points is listed according to
the type of violation.
(2)
The following demerit point schedule is adopted:
|
Type of Violation
|
Point Value
| |
|---|---|---|
|
Traffic to intoxicated person
|
25
| |
|
Underaged person on premises
|
50
| |
|
Altering premises
|
50
| |
|
False statement on application
|
50
| |
|
Transfer of License Without Permission
|
50
| |
|
Failure to frame and post license
|
25
| |
|
Failure to maintain residence
|
25
| |
|
Conducting unlawful business
|
50
| |
|
No licensed bartender
|
50
| |
|
Licensed premises to be sanitary
|
25
| |
|
Licensed/federal stamp to be posted
|
25
| |
|
Sell or dispense after hours
|
50
| |
|
Open after hours
|
50
| |
|
On-premises consumption — Class A
|
50
| |
|
After-hours consumption — Class B
|
50
| |
|
Intoxicated employee
|
50
| |
|
Sell or serve on public street
|
25
| |
|
Gambling
|
25
| |
|
Sale or Dispensing in building — off premises
|
25
| |
|
Brand disclosure on tap
|
25
| |
|
Adult entertainment without permit
|
50
| |
|
Nude or seminude entertainer or employee visible
outside
|
50
| |
|
Oral solicitation
|
25
| |
|
Failure to display permit
|
25
| |
|
Exceeded license limitations
|
25
| |
|
Failure to obtain cabaret permit, "Class B" [1]
|
25
|
I.
Penalties for accumulation of demerit points.
(1)
Penalties for the accumulation for demerit points
by a licensed premises within one year are set forth as follows:
(2)
The date of the violation shall determine the accumulation
of demerit points within a twelve-month period.
(3)
When one year from the date of a given violation expires,
the points for that violation are no longer a part of the demerit
point accumulation. However, the violation may be considered by the
Council in its evaluation of any suspension, revocation or nonrenewal
matter involving the same licensed premises.
J.
Complaints. Any resident of the City may file a sworn
written complaint with the City Clerk alleging a violation of this
article.
K.
Notification.
(1)
The license holder shall be notified that:
(a)
A complaint has been filed.
(b)
The complaint alleges a specific violation.
(c)
The demerit point value of the alleged violation.
(d)
He/she may request a fact-finding hearing.
(e)
Waiver of the fact-finding hearing shall constitute
an admission of the alleged violation and demerit points will be assessed
and the penalty, if any, imposed.
(2)
The City Clerk shall furnish notification to the license
holder within 10 days of receiving the sworn written complaint. The
notification is to be given in writing and submitted to the license
holder by regular mail or certified mail.
L.
Fact-finding hearing.
(2)
Fact-finding hearing shall be conducted in a manner
similar to the procedures set forth in § 125.12(2)(b), Wis.
Stats.
(4)
The Council may take the matter before it in a fact-finding
hearing under advisement. If findings and conclusions are not announced
within 90 days of the date of the fact-finding hearing, the complaint
is deemed to be dismissed.
(5)
The Clerk shall notify the license holder of the Council's
decision, in writing, within 10 days of the date the decision was
announced by the Council.
(6)
If the decision involves a suspension of the license,
the Council shall specify the dates of the suspension, and the notification
from the Clerk shall so designate. If the decision involves a revocation,
the Council shall specify the effective date of the revocation and
the notification from the Clerk shall so designate.
M.
Suspension, revocation or nonrenewal. The provisions
of § 125.12, Wis. Stats., are hereby adopted by reference
and made a part of this section for the following purposes:
The presence of underage persons on a licensed
premises as provided under § 125.07(3)(a)10, Wis. Stats.,
shall be subject to the following:
A.
The licensee or agent of a corporate licensee shall
notify the Police Department at least 48 hours in advance of the date
of any event at which underage persons will be present on the licensed
premises. Each such nonalcohol event notice shall specify the date(s)
on which the event is to occur and the time(s) of commencement. All
notices shall be filed with the Police Department during normal working
hours (8:00 a.m. to 5:00 p.m., Monday through Friday) and shall be
given on forms prescribed by the Department. After a nonalcohol event
notice has been given, the licensee may cancel an event(s) only by
giving like notice to the Department in accordance with the provisions
of this subsection. Regardless of the date given, all notices shall
expire and be deemed canceled no later than the date of expiration
or revocation of the applicable retail Class "B" or "Class B" license.
B.
During the period of any nonalcohol event a notice
card prescribed by the Police Department shall be posted at all public
entrances to the licensed premises notifying the general public that
no alcohol beverages may be consumed, sold or given away on or carried
into the licensed premises during the event. Such notice cards shall
be made available by the Department to a requesting licensee.
C.
Once a nonalcohol event has commenced, no alcohol
beverages may be consumed, sold or given away on or carried into the
licensed premises until the next day following the closing hours of
the licensed premises.
D.
During the period of any nonalcohol event all alcohol
beverages shall be stored in a locked portion of the licensed premises
in a secure place out of the sight and physical reach of any patron
present and shall be under the direct and immediate control and supervision
of the licensee or a licensed bartender in the employ of the licensee.
All beer taps and automatic dispensers of alcohol beverages ("speed
guns") shall be either disconnected, disabled or made inoperable.
[1]
Editor's Note: Former § 255-19, Cabaret permit,
was repealed 9-10-2012 by Ord. No. 364.
A.
Operator's licenses; Class "A," Class "B," or "Class
C" premises. Except as provided under §§ 125.32(3)(b)
and 125.07(3)(a)10, Wis. Stats., no premises operated under a Class
"A," Class "B" or "Class C" 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. An operator's license issued in respect to a vessel under
§ 125.18, Wis. Stats., is valid outside the municipality
that issues it. 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," Class "B,"
or "Class C" 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.
A.
The Common Council may issue an operator's license,
which license shall be granted only upon application in writing on
forms to be obtained from the City Clerk only to persons 18 years
of age or older. Operator's licenses shall be operative only within
the limits of the City.
B.
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 Police
Department 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 Common Council 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.
The annual fee for an operator's license shall
be as set by the Common Council.
A provisional operator's license may be issued
by the City 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 Common Council. A provisional license expires 60 days after
its issuance or when a regular operator's license is issued to the
holder, whichever is sooner. The fee for a provisional operator's
license shall be as set by the Common Council.
A.
After the Common Council approves the granting of
an operator's license, the City Clerk 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.
B.
Denial.
(1)
If the application is denied by the Common Council,
the City Clerk 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 Common Council 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 Council's reconsideration of the matter.
At such reconsideration hearing, the applicant may present evidence
and testimony as to why the license should be granted.
(2)
If, upon reconsideration, the Board again denies the
application, the City Clerk 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.
C.
Criteria for granting or denying license.
(1)
Consideration for the granting or denial of a license
will be based on:
(a)
Arrest and conviction record of the applicant,
subject to the limitations imposed by §§ 111.321, 111.322,
and 111.335, Wis. Stats.;
(b)
The financial responsibility of the applicant;
(c)
The appropriateness of the location and the
premises where the licensed business is to be conducted; and
(d)
Generally, the applicant's fitness for the trust
to be reposed.
(2)
If a licensee is convicted of an offense substantially
related to the licensed activity, the Common Council may act to revoke
or suspend the license.
D.
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 Common Council, the Common Council 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 Common Council, 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.
A.
Except as provided in Subsection B below, the Common Council 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 a comparable training course that is approved by the educational approval board, or unless the applicant fulfills one of the following requirements:
[Amended 10-18-2006 by Ord. No. 335]
Each license issued under the provisions of
this article shall be posted on the premises whenever the operator
dispenses beverages or be in his possession.
[Amended 10-18-2006 by Ord. No. 335]
A.
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 a license shall be subject to a forfeiture as provided in Chapter 1, General Provisions, Article I, § 1-3, Violations and penalties, of the Code of the City of Bayfield.
B.
Nothing herein shall preclude or affect the power
of the sentencing court to exercise additional authorities granted
by the Wisconsin Statutes.
[Adopted 4-1-1992 (§§ 11-4-1
through 11-4-9 of the 1992 Code of Ordinances)]
A.
Alcoholic beverages in public areas.
[Amended 10-18-2006 by Ord. No. 335; 9-10-2012 by Ord. No. 365]
(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 City of Bayfield or on private property without the owner's consent,
except at licensed premises. It shall be unlawful for any person to
consume, carry for purpose of immediate consumption, or have in his
possession any open container containing an alcoholic beverage upon
any public street, public sidewalk, public way, public alley or public
parking lot within the City except as licensed premises.
(2)
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 City unless the
property is specifically named as being part of a licensed premises.
(3)
Leaving licensed premises with open container.
(4)
(a)
The provisions may be waived by the Common Council for duty authorized
events.
(b)
The provisions shall not apply to any organization which has been issued a special Class "B" fermented malt beverage picnic license pursuant to the Code of the City of Bayfield, provided that the provisions of this article and Article I, Licenses, of this chapter are fully complied with.
(d)
From 8:00 a.m. on the first Friday of October of each year to 8:00
a.m. the following Monday (Apple Fest), the provisions shall not apply
to fermented beverages or wine contained in a non-glass container
during statutorily authorized hours of operation for establishments
selling alcoholic beverages. The City elects to come under § 125.51(3)(b),
Wis. Stats. for purposes of this provision as it pertains to wine.
B.
ALCOHOLIC BEVERAGE
PUBLIC AREA
UNDERAGE PERSON
Definitions. As used in herein, the following terms
shall have the meanings indicated:
As used in this section, 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 an hops, with or without
unmalted grains or decorticated or degerminated grains or sugar, which
contain 1/2 of 1% or more of alcohol by volume and which are fit for
use for beverage purposes.
As used in this section, shall be construed to mean any location
within the City 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.
As used in this article, means any person under the legal
drinking age as defined by the Wisconsin Statutes.
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 license 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. A person who commits a violation of Subsection A above is subject to a forfeiture of:
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)1.d,
Wis. Stats., which are owned by a county or municipality.
(4)
Premises in the state fair park, concessions authorized on state-owned premises in the state parks and state forests as defined or designated in Chs. 27 and 28, Wis. Stats., and parks owned or operated by agricultural societies.
(5)
Ski chalets, golf clubhouses and private tennis clubs.
(6)
Premises operated under both a Class "B" fermented
malt beverage or "Class B" alcohol beverage license or permit and
a restaurant permit where the principal business conducted is that
of a restaurant. If the premises are 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.
(7)
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]
(8)
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" alcoholic beverage or "Class B" fermented
malt beverage premises under this subsection only if the municipality
which issued the Class "B" fermented malt beverage or "Class B" alcoholic
beverage 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" alcoholic beverage or "Class B" fermented
malt beverage 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.
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.
(4)
Falsely represents his or her age for the purpose
of receiving alcohol beverages from a licensee or permittee.
(5)
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.
(6)
Makes, alters or duplicates an official identification
card.
(7)
Presents false information to an issuing officer in
applying for an official identification.
(8)
Intentionally carries an identification card or other
documentation showing that the person has attained the legal drinking
age, with knowledge that the documentation is false.
(9)
Provides to another underage person an official identification
card or other documentation purporting to show that the other underage
person has attained the legal drinking age, with knowledge that the
documentation is false.
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 beverage is guilty
of a violation.
C.
(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 D, the Court shall set standards for the program within the budgetary limits established by the Common Council. 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 justice after dismissal of the citation under § 938.344(3),
Wis. Stats.[1]
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 section:
(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 subsection. 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.
A.
Person who has attained the legal drinking age.[1]
(1)
Any person who has attained the legal drinking age,
other than one authorized by § 343.50, Wis. Stats., who
makes, alters or duplicates an official identification card, who provides
an official identification card to an underage person or who knowingly
provides other documentation to any underage person purporting to
show that the underage person has attained the legal drinking age
may be subject to a forfeiture of not less than $50 nor more than
$500 upon conviction.
(2)
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 upon default of payment of such fine, shall be imprisoned
until such forfeiture is paid, but not to exceed 10 days.
B.
Any underage person who does any of the following is subject to the penalties specified under § 255-33C 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.
A.
MOTOR VEHICLE
SCHOOL
SCHOOL ADMINISTRATOR
SCHOOL PREMISES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A motor vehicle owned, rented or consigned to a 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."
The person designated by the governing body of a school as
ultimately responsible for the ordinary operations of a school.
Premises owned, rented or under the control of a school.
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.
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.
C.
A person who violates this section is subject to a
forfeiture of not more than $200.
Any licensee, permittee or bartender of a retail
alcohol beverage establishment covered by a license or permit issued
by the City 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.
