[HISTORY: Adopted by the City Council of
the City of Weyauwega as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-21-2001 by Ord. No. 2001-01 as Title 7, Ch. 2 of the 2001 Code]
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 amendments, revisions or modifications
of the statutes incorporated herein are intended to be made a part
of this article in order to secure uniform statewide regulation of
alcohol beverage control.
As used in this article, the terms "alcohol
beverage," "intoxicating liquor," "principal business," "legal drinking
age," "premises," "sell," "sold," "sale," "restaurant," "club," "retailer,"
"person," "fermented malt beverages," "wholesaler" and "operator"
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/her/its 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.
A.
Retail "Class A" intoxicating liquor license. A retail
"Class A" intoxicating liquor license, when issued by the City Administrator
under the authority of the City 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. Such
license shall be issued with an effective date of July 1 but may be
issued by the City prior to that date. The license shall expire on
the following June 30.
B.
Retail "Class B" intoxicating liquor license. A retail
"Class B" intoxicating liquor license, when issued by the City Administrator
under authority of the City 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, except that wine may be sold in the original package
or otherwise in any other quantity to be consumed off the premises.
Such license shall be issued with an effective date of July 1 but
may be issued by the City prior to that date. The license shall expire
on the following June 30.
C.
Reserve "Class B" licenses. A reserve "Class B" license
means a license that is not granted or issued by the City on December
1, 1997, and that is counted under § 125.51(4)(br), Wis.
Stats., which, if granted or issued, authorizes the sale of intoxicating
liquor to be consumed by the glass only on the premises where sold
and also authorizes the sale of intoxicating liquor in the original
package or container, in multiples not to exceed four liters at any
one time, to be consumed off premises, except that wine may be sold
in the original package or otherwise in any other quantity to be consumed
off the premises.
D.
Class "A" fermented malt beverage retailer's license.
A Class "A" retailer's fermented malt beverage license, when issued
by the City Administrator under the authority of the City 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 shall be issued with an effective date of July 1 but may be
issued by the City prior to that date. The license shall expire on
the following June 30.
E.
Class "B" fermented malt beverage retailer's license.
(1)
License. A Class "B" fermented malt beverage retailer's
license, when issued by the City Administrator under the authority
of the City Council, 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 0.5% of alcohol by volume
without obtaining a special license to sell such beverages. Such license
shall be issued with an effective date of July 1 but may be issued
by the City prior to that date. 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.
F.
Temporary Class "B" fermented malt beverage license.
(1)
License. As provided in § 125.26(1) and
(6), Wis. Stats., temporary Class "B" fermented malt beverage 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 City Council.[1]
(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
Administrator together with the appropriate license fee for each event
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 a forfeiture of $200 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. If the application is for
a license to be used in a City park, the applicant shall specify the
main point of sale facility.
G.
Temporary "Class B" wine license.
(1)
License. Notwithstanding § 125.68(3), Wis.
Stats., temporary "Class B" 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 wine in an original package,
container or bottle or by the glass if the wine is dispensed directly
from an original package, container or bottle 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. No fee may be charged
to a person who, at the same time, applies for a temporary Class "B"
beer license under § 125.26(6), Wis. Stats., for the same
event. Not more than two such licenses may be issued under this subsection
to any club, county or local fair association, agricultural association,
church, lodge, society or veterans' post in any twelve-month period.[2]
(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
Administrator together with the appropriate license fee for each event
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 a forfeiture of $200 and will be ineligible to apply for
a temporary "Class B" wine license for one year. The license shall
specify the hours and dates of license validity. If the application
is for a license to be used in a City park, the applicant shall specify
the main point of sale facility.
H.
Wholesaler's license. A wholesaler's fermented malt
beverage license, when issued by the City Administrator 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.
I.
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, a foreign limited
liability company, or a person acting as agent for or in the employ
of another.
(4)
A "Class C" license shall particularly describe the
premises for which it is issued.
There shall be the following classes of licenses which, when issued by the City Administrator under the authority of the City Council, after payment of the license fee as set by the City Council and publication costs, shall permit the holder to sell, deal or traffic in intoxicating liquors or fermented malt beverages as provided in § 300-4 of this chapter and Ch. 125, Wis. Stats.:
A.
Class "A" fermented malt beverages retailer's license.
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. 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.
D.
Temporary "Class B" wine license. There shall be no
fee if the temporary wine license is obtained along with a temporary
fermented malt beverage license.
E.
Fermented malt beverage wholesaler's license.
F.
"Class A" intoxicating liquor retailer's license.
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.
G.
"Class B" intoxicating liquor retailer's license.
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.
H.
Reserve "Class B" intoxicating liquor license. The fee for an initial issuance of a reserve "Class B" license shall be as set by the City Council, except that the fee for the initial issuance of a reserve "Class B" license to a bona fide club or lodge situated and incorporated in the state for at least six years is the fee established in Subsection G for such a club or lodge. The annual fee for renewal of a reserve "Class B" license is the fee established in Subsection G.
I.
"Class B" license for full-service restaurants and
hotels. The initial annual fee for a "Class B" license for a full-service
restaurant that has a seating capacity of 300 or more persons, or
a hotel that has 100 or more rooms of sleeping accommodations and
that has either an attached restaurant with a seating capacity of
150 or more persons or a banquet room which will accommodate 400 or
more persons, is as set by the City Counicl. Thereafter, the annual
renewal fee is as set by the City Council.
J.
"Class C" wine license. The fee for less than one
year shall be prorated.
A.
Contents.
(1)
Filing of applications. 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 Administrator pursuant to Subsection A(2) below 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 City Administrator 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.,
or temporary "Class B" picnic wine licenses under § 125.51(10),
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. The number of persons and places that
may be granted a retail "Class B" liquor license under this article
is limited as provided in § 125.51(4), Wis. Stats.
A.
Residency 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/she has the right to possession of the premises described
in the application for the license period, by lease or by deed.
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), Wis. Stats., and the officers and directors
of the corporation meet the qualifications of § 125.04(a)1
and 3 and (b), Wis. Stats., and unless the agent of the corporation
appointed under § 125.04(6), Wis. Stats., meets the qualifications
under § 125.04(a)2, Wis. Stats. The requirement that the
corporation meet the qualifications under § 125.04(a)1 and
(b), Wis. Stats., does not apply if the corporation has terminated
its relationship with all of the individuals whose actions directly
contributed to the conviction.
(2)
The City may require that each corporate applicant
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 Administrator 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.
I.
Separate license required for each place of sale.
A separate license shall be required for each stand, place, room or
enclosure or for each suite of rooms or enclosures which are in direct
connection or communication where intoxicating liquor or fermented
malt beverages are kept, sold or offered for sale, and no license
shall be issued to any person, firm, partnership, corporation or association
for the purpose of possession, selling or offering for sale any intoxicating
liquors or fermented malt beverages in any dwelling house, flat or
residential apartment.
The City Administrator 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 and whether the applicant is a proper recipient of a license.
These officials shall furnish to the City Administrator in writing,
who shall forward to the City 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
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 conforms
to the sanitary, safety and health requirements of the State Building
Code and the regulations of the State Department of Health Services
and local Board of Health applicable to restaurants. The premises
must be properly lighted and ventilated, must be equipped with separate
sanitary toilet and lavatory facilities equipped with running water
for each sex and must conform to all ordinances of the 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 City Council, the City 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 City Council, the City Administrator
shall issue to the applicant a license, upon payment by the applicant
of the license fee to the City.
B.
If the City Council denies the license, the applicant
shall be notified in writing, by certified mail or personal service,
of the reasons for the denial. The notice shall also inform the applicant
of the opportunity to appear before the City 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 that such reconsideration
be held in open session and the City Council consents to the request.
Such written notice shall be mailed or served upon the applicant at
least 10 days prior to the City Council meeting at which the application
is to be reconsidered.
A.
Procedure. 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 City Council. An
application for transfer shall be made on a form furnished by the
City Administrator. Transfers shall be authorized only in the event
that the place or premises so licensed is permanently changed to another
location within the City. 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 City Council.[1] Whenever a license is transferred, the City Administrator
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.[2]
B.
Change of agent. Whenever the agent of a corporate
holder of a license is for any reason replaced, the licensee shall
give the City Administrator written notice of said replacement, the
reasons therefor and the new appointment. Until the next regular meeting
or special meeting of the City 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 Administrator 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 City 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. The City Administrator shall submit to the State
of Wisconsin the list of licenses as required by § 125.04(4),
Wis. Stats.
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" or "Class C" licenses granted hereunder shall be granted
subject to the following conditions and all other conditions of this
section and subject to all other ordinances and regulations of the
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. Except as provided in §§ 125.32(2)
and 125.68(2), Wis. Stats., no retail Class "A," "Class A," Class
"B," "Class B" or "Class C" licensee shall employ any underage person
as defined in the Wisconsin Statutes, but this subsection shall not
apply to hotels, drugstores, restaurants, grocery stores, bowling
centers, service stations, and other facilities as enumerated in § 125.07(3),
Wis. Stats. Family members may work on the licensed premises but are
not permitted to sell or dispense alcohol beverages.[1]
C.
Disorderly conduct prohibited. Each licensed premises
shall, at all times, be conducted in an orderly manner, and no disorderly,
riotous or indecent conduct shall be allowed at any time on any licensed
premises.
D.
Licensed operator on premises. There shall be upon
premises operated under a "Class B," Class "B" or "Class C" license,
at all times, the licensee, members of the licensee's immediate family
who have attained the legal drinking age, and/or some person who shall
have an operator's license and who shall be responsible for the acts
of all persons serving, as waiters or in any other manner, any fermented
malt beverages 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/she possesses an operator's
license or there is a person with an operator's license upon said
premises at the time of such service.
E.
Health and sanitation regulations. The rules and regulations
of the State Department of Health Services governing sanitation in
restaurants shall apply to all "Class B" liquor licenses issued under
this article. No "Class B" or "Class C" license shall be issued unless
the premises to be licensed conforms to such rules and regulations.[2]
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, unless this restriction is waived by majority
vote of the City Council. 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. However, § 125.68(3)(c),
Wis. Stats., exempts a restaurant within 300 feet of a church where
the sale of alcohol beverages is less than 50% of the gross receipts.[3]
G.
Clubs. No club shall give away any intoxicating liquors.
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, wares, 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.
Posting hours of sale. "Class A" and Class "A" establishments
must conspicuously post the hours of sales at or on their displays.
Hours of sale for "Class A" and Class "A" are from 8:00 a.m. to 9:00
p.m.
[Added 2-19-2007 by Ord. No. 2007-01]
L.
Display restrictions. In a "Class A" or Class "A"
establishment, any liquor or fermented malt beverage that is pint
size or smaller and not sold as packaged goods must be behind the
sales counter with no direct public access.
[Added 2-19-2007 by Ord. No. 2007-01]
Closing hours shall be established in conformance
with § 125.32(3), Wis. Stats., and further restricted as
follows:
A.
Class "B" 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 in original unopened packages, containers or bottles
or for consumption away from the premises. Class "B" and "Class B"
licenses may offer carry-out sales until 12:00 midnight.
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 Weyauwega, except through the issuance of a temporary Class
"B" fermented malt beverage license or temporary "Class B" wine license
issued by the City Council in accordance with Wisconsin Statutes and
as set forth in this section. A temporary Class "B" fermented malt
beverage license or temporary "Class B" wine license authorizing the
sale and consumption of beer and/or wine on City-owned property or
privately owned property may be authorized by the City Council, 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 § 300-23. Members of an organization which is issued a temporary license and who are issued operators' 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 City 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 persons under age
18 shall be allowed to assist in the sale of fermented malt beverages
or wine at any point of sale, nor shall underage persons 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 City 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 Weyauwega.
The applicant may be required to furnish a performance bond prior
to being granted the license.
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/her, or in his/her automobile, to any public
function within the City of Weyauwega for his/her own consumption,
or consumption of others; except only under permission of the City
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.
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/she 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 the abandonment,
unless extended by the City Council for up to six months or the premises
is used occasionally by a business providing on-premises catering
or special event facilities. All persons issued a license to sell
alcohol beverages in the City for which a quota exists limiting the
number of such licenses that may be issued by the City 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 term 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. License revocation
or suspension procedures shall be as prescribed by Ch. 125, Wis. Stats.
D.
Point system.
(1)
In order to form a basis for suspension, revocation,
nonissuance, or nonrenewal, the following demerit system is hereby
established to identify habitually troublesome license holders who
have repeatedly violated state statutes or City ordinances, or the
similar ordinances of any other Wisconsin jurisdiction issuing licenses
pursuant to Ch. 125, Wis. Stats., for the purpose of recommending
suspension, revocation, nonissuance, or nonrenewal of a license to
the City Council and appropriate action thereby. Demerit points shall
be assessed against the license record of any license applicant or
license issued by the City of Weyauwega irrespective of the location
of such violation according to the following schedule:
|
Violation
|
Point Value
| |
|---|---|---|
|
Sale of alcohol beverage without license
|
100
| |
|
Sale of alcohol beverage to underaged person
|
50
| |
|
Sale of alcohol beverage to intoxicated person
|
50
| |
|
Underaged person on premises
|
50
| |
|
Intoxicated bartender
|
50
| |
|
After hours consumption
|
50
| |
|
Refusal to allow police to search premises or
refusal to cooperate with lawful police investigation
|
50
| |
|
Licensee, agent or operator to be on premises
at all times
|
25
| |
|
On premises after closing hours
|
25
| |
|
No carry-out, restricted to appropriate hours
|
25
| |
|
Permit person to leave licensed premises with
open alcohol beverage
|
25
| |
|
All other violations of Ch. 125, Wis. Stats.,
the Weyauwega Municipal Code, or corresponding ordinance of any other
Wisconsin alcohol beverage licensing jurisdiction
|
25
|
(2)
Any license applicant or license holder who shall have accumulated or who shall accumulate demerit points in accordance with the following schedule may be denied an original or renewal license by the City Council or may have any license suspended or revoked by the City Council in accordance with § 125.12, Wis. Stats., or Subsection D(1) above:
|
Demerit Points Accumulated in Previous
12-Month Period by Applicant/License Holder
|
Period of Suspension/Revocation
| |
|---|---|---|
|
50
|
30 days' suspension
| |
|
75
|
90 days' suspension
| |
|
100
|
120 days' suspension
| |
|
150
|
180 days' suspension
| |
|
Greater than 150
|
Revocation for 1 year
|
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 4:00 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 cancelled 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.
A.
Purpose. The City Council finds that restrictions
are necessary for outdoor beer gardens and sports activities at premises
holding "Class B" and Class "B" liquor and fermented malt beverages
licenses due to concerns arising from noise, density and related problems.
This section enacted pursuant to police power provides a framework
for regulatory controls on such outdoor sports and beer garden activities.
B.
Approval required.
(1)
Generally. No licensee shall conduct or sponsor any
outdoor sports activity or event or beer garden on property forming
any part of the real property on which the licensed premises exists
without the prior approval of the City Council.
(2)
Permit required for beer garden 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 a beer garden permit granted by the City Council. The permits
are a privilege in which no rights vest and, therefore, may be revoked
by the City Council at its pleasure at any time or shall otherwise
expire on June 30 of each year. No person shall consume or have in
his or her possession alcohol beverages on any unenclosed part of
a licensed premises which is not described in a valid beer garden
permit.
C.
Application. If a licensee shall conduct or sponsor
any outdoor sports activity or event or beer garden on the licensee's
property, the licensee shall file an application with the City Administrator
setting forth the following information:
(1)
The name, address and telephone number of the person
or persons who will be responsible for the actual conduct of the activity
or event;
(2)
The date and duration of time for the proposed activity
or event;
(3)
An accurate description of that portion of the licensee's
property proposed to be used;
(4)
A good faith estimate of the number of users, participants
and spectators for the beer garden or proposed activity or event;
and
(5)
The licensee's plan for maintaining the cleanliness
of the licensed area.
D.
Time for filing. The licensee shall file the application
not less than 48 hours before the date of the proposed activity or
event. The City Council may waive the forty-eight-hour time limit
upon a licensee's showing of exigent circumstances. The application
shall be accompanied by payment of a fee as set by the City Council
for review of the application.[1] The applicant may request that an annual permit be issued
for the beer garden or outdoor sports activities.
E.
Review. The City Council shall review the applications
in light of the standards of this section. If the nature of the property
or the event requires the imposition of additional regulations, the
City Council may impose these regulations upon an express finding
detailing the reasons for additional regulation. All property owners
within 150 feet of the proposed beer garden or outside sports facility
shall be notified of the pendency of application for a permit by first-class
mail.
F.
Outdoor sports activity standards. The following standards
shall apply to any outdoor sports activity regulated under this section:
(1)
Approval of an application shall not act to permit
outdoor consumption of alcohol beverages on the property beyond the
area specifically licensed.
(2)
If the estimated number of participants and spectators
shall bring the number of persons on the property above the number
for which the rest room facilities of the licensed premises are rated
adequate, the licensee shall provide a number of portable temporary
rest rooms sufficient to serve the estimated number of persons.
(3)
The City Council shall not grant approval to any applicant
whose property on which the activity or event is proposed is adjacent
to any property zoned residential or on which a residential use exists
as a nonconforming use, or within 50 feet of any property zoned residential
or on which a residential use exists as a nonconforming use. Fencing
may be required.
(4)
The applicant shall provide parking adequate for the
proposed activity or event, whether on site or through agreements
with property owners shown to the City Council's satisfaction to permit
their property to be used for parking for the proposed activity or
event.
(5)
The applicant shall show the City Council plans adequate
to provide reasonable access to participants and spectators for the
event and to limit access for all other persons.
(6)
The licensee shall clean up all garbage and debris
relating to the activity or event at least once per 24 hours during
the activity or event.
(7)
The licensee shall not permit the noise level of the
sports activity or event to exceed 75 dB, measured at any border of
the licensee's real property.
G.
Limitations on issuance of beer garden permits.
(1)
No permit shall be issued for a beer garden if any
part of the beer garden is within 100 feet of a structure used for
residential purposes, except residential uses located in the same
structure as the licensed premises.
(2)
No permit shall be issued for a beer garden if the
beer garden area is greater than 50% of the gross floor area of the
adjoining licensed premises. Each applicant for a beer garden permit
shall accurately describe the area intended for use as a beer garden
and shall indicate the nature of fencing or other measures intended
to provide control over the operation of the beer garden.
(3)
Every beer garden shall be completely enclosed with
a fence or wall not less than six feet in height.
(4)
No amplified sound or music is permitted outside the
enclosed (building) premises. Dancing or amplified sound or music
is not permitted in the beer garden.
(5)
There shall be a licensed operator within the beer
garden at all times the beer garden is in operation.
(6)
The only entrance to the outdoor portion of the licensed
premises shall be solely through the entrance to the principal tavern,
restaurant or other described portion of the licensed premises located
in a building or structure.
H.
State statutes enforced within beer garden. Every
permittee under this section shall comply with and enforce all provisions
of Ch. 125, Wis. Stats., applicable to Class "B" 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 sports activity or beer garden permit by
the City Council.
I.
Violations. Failure of the licensee to comply with
any of the provisions of this section shall be grounds for suspension,
nonrenewal or revocation of the licensee's alcohol beverage license
or licenses.
See Chapter 175, Adult Uses and Sexually Explicit Conduct, of this Code.
A.
Operator's license required.
(1)
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. An operator's license issued
in respect to a vessel under § 125.27(2), 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" 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.[1]
B.
Procedure upon application.
(1)
The City 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 Administrator only to persons 18
years of age or older. An operator's license shall be operative only
within the limits of the City.
(2)
When directed by the City Council, all applications
may be subject to an investigation by the Chief of Police and/or other
appropriate authority to determine whether the applicant to be licensed
complies with all regulations, ordinances and laws applicable thereto.
If so directed by the City Council, 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 City Council
a minimum of 48 hours prior to the Council's meeting 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. A standard operator's license issued under
the provisions of this section shall be valid for a period of one
year and shall expire on the 30th day of June.
D.
Operator's license fee; provisional license.
(2)
Provisional license. The City Administrator may issue a provisional operator's license 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 City Administrator 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/her 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 City or who has had his/her operator's license revoked or suspended within the preceding 12 months. The City Administrator shall provide an appropriate application form to be completed in full by the applicant. The investigation procedures of Subsection B shall be followed. The City Administrator may revoke the provisional license issued if he/she discovers that the holder of the license made a false statement on the application. Following completion of the responsible beverage server training course and notification from the school, the license application will be presented to the Council, with the appropriate fee as prescribed in Subsection D(1) above for an operator's license. If approved by the Council, the operator's license is issued.
[Amended 7-9-2010 by Ord.
No. 2010-02]
E.
Issuance or denial of operator's license.
(1)
After City Council approval of an application for
an operator's license, the City Administrator 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 of application.
(a)
If the application is denied, the City Administrator
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 City 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 review 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 Council denies
the application, the City Administrator 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 the Circuit
Court pursuant to § 125.12(2)(d), Wis. Stats., for review.
(3)
(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. Because a license is a privilege, the issuance
of which is a right granted solely to the City Council, the City 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 City 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, act to suspend
such license for a period of one year or more.
[Amended 1-17-2011 by Ord. No. 2011-1]
F.
Training course.
(1)
Except as provided in Subsection F(2) below, the City 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 technical college district and that conforms to curriculum guidelines specified by the Technical College System Board or a comparable training course that is approved by the Department of Revenue or the Educational Approval Board, or unless the applicant fulfills one of the following requirements:
[Amended 7-9-2010 by Ord.
No. 2010-02]
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/her possession, or the
licensee shall carry a license card.[3]
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.
A.
Forfeitures for violations of §§ 125.07(1) to (5) and 125.09(2), Wis. Stats., adopted by reference in § 300-1, shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable state statute, including any variations or increases for subsequent offenses.
B.
Except as otherwise provided in Subsection A or where another penalty is prescribed in this article, 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 § 1-3 of this Code.[1]
C.
Nothing herein shall preclude or affect the power
of the sentencing court to exercise additional authorities granted
by the Wisconsin Statutes.
[Adopted 5-21-2001 by Ord. No. 2001-01 as Title 11, Ch. 4 of the 2001 Code]
A.
Alcohol beverages in public areas.
(1)
Regulations. It shall be unlawful for any person to
sell, serve or give away, or offer to sell, serve or give away, any
alcohol beverage upon any public street, sidewalk, alley, public parking
lot, highway, park, municipal building, library, cemetery or drives
or other public area within the City of Weyauwega 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/her possession
any open container containing alcohol beverage upon any public street,
public sidewalk, public way, park, municipal building, library, public
alley or public parking lot within the City of Weyauwega.
(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)
City parks. No person shall consume or possess any
intoxicating liquor or fermented malt beverage in a glass, open bottle
or in any other open container in any City of Weyauwega park between
the hours of 11:00 p.m. and 8:00 a.m. or during such times that the
consumption or possession of any intoxicating liquor or fermented
malt beverage is prohibited by any rule, regulation, resolution or
ordinance approved by the City Council governing said park.
(4)
Intoxicating beverages at fairgrounds. The consumption or possession of fermented malt beverage in an open container, but not in a glass or open bottle, shall be allowed upon the Waupaca County Fairgrounds when an authorized event is in progress. No fermented malt beverage in an open container shall be removed from the Waupaca County Fairgrounds to any area listed in Subsection A(1). Any person or persons issued a Class "B" retail license to sell fermented malt beverages at the Waupaca County Fairgrounds shall sell the malt beverages in paper cups or cans only. This includes malt beverages sold anywhere on the fairgrounds, if the grandstand is used.
(5)
Selling nonintoxicating beverages at fairgrounds.
Any person or persons selling nonintoxicating beverages on the Waupaca
County Fairgrounds when the grandstand is in use shall sell the beverages
in paper cups or cans only. Glass containers are prohibited.
(6)
Exceptions.
(a)
The provisions of this section may be waived
by the City Council for duly authorized events. Fraternal and service
clubs and other organizations may apply for a permit to have meetings,
festivals and activities held on the public streets or in public areas
so that alcohol beverages and fermented malt beverages may be consumed
during the time permitted as designated on the permit. Such permit
applications shall be made to the City Council on forms provided by
the Administrator. The permit shall specify the exact dates that such
activity shall be allowed in public places.
(b)
This section shall not apply to any organization which has been issued a temporary fermented malt beverage and/or temporary wine license for a designated area and event pursuant to Article I of this chapter, provided that the provisions of this article and Article I of this chapter are fully complied with.
(c)
The provisions of this section regarding open
consumption of fermented malt beverages or intoxicating liquor shall
not apply within 200 feet of a parade route which the City of Weyauwega
has authorized from one hour prior to the scheduled start of said
parade until one hour after the end of said parade, except that the
foregoing exemption does not extend to any vehicle or unit of the
parade, however propelled, nor to any parade participant for that
period of time during which the vehicle, unit of the parade or person
is participating within the assembly and disembarkment points of the
parade.
B.
ALCOHOL BEVERAGE
PUBLIC AREA
UNDERAGE PERSON
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Includes all ardent, spirituous, distilled or vinous liquors,
liquids or compounds, whether medicated, proprietary, patented, or
not, and by whatever name called, as well as all liquors and liquids
made by the alcoholic fermentation of an infusion in potable water
of barley malt and hops, with or without unmalted grains or decorticated
or degerminated grains or sugar, which contain 1/2 of 1% or more of
alcohol by volume and which are fit for use for beverage purposes.
Any location within the 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.
Any person under the legal drinking age as defined by the
Wisconsin Statutes.[2]
[2]
Editor's Note: Original Sec. 11-4-2, Sale to underage or intoxicated persons restricted, Sec. 11-4-3, Underage persons' presence in places of sale; penalty, Sec. 11-4-4, Underage persons; prohibitions; penalties, and Sec. 11-4-5, Defense of sellers, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 125.07, Wis. Stats., adopted by reference in § 300-1 and the penalties in § 300-22A.
A.
Violations.
(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 may be
fined not less than $100 nor more than $1,000.
(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 $100 nor more than
$1,000.
B.
Any underage person who does any of the following
is subject to the penalties specified under § 125.07(4)(bs)
or (c), Wis. Stats.:[1]
(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.[2]
[2]
Editor's Note: Original Sec. 11-4-7, Possession of alcohol beverages on school grounds prohibited, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 125.09(2), Wis. Stats., adopted by reference in § 300-1 and the penalties in § 300-22A.
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.
