[Amended 3-13-2023 by Ord. No. 2023-04]
Fees for licenses issued under this chapter shall be set by
the Town Board, except that the fee for a one-year operator's
license shall be $25 and the fee for a two-year operator's license
shall be $35.
As used in this chapter, the following terms
have the meanings indicated:
Fermented malt beverages and intoxicating liquor.
Any person who manufactures fermented malt beverages for
sale or transportation.
An organization, whether incorporated or not, which is the
owner, lessee or occupant of a building or portion thereof used exclusively
for club purposes, which is operated solely for a recreational, fraternal,
social, patriotic, political, benevolent or athletic purpose but not
for pecuniary gain, and which only sells alcohol beverages incidental
to its operation.
The State Department of Revenue.
Any beverage made by the alcohol fermentation of an infusion
in potable water of barley malt and hops, with or without unmalted
grains or decorticated and degerminated grains or sugar, containing
1/2 of 1% or more of alcohol by volume.
All places where accommodations are offered for pay to transients,
in five or more rooms, and all places used in connection therewith
provided with a restaurant. See § 254.61(3), Wis. Stats.
All ardent, spirituous, distilled or vinous liquors, liquids
or compounds, whether medicated, proprietary, patented or not, and
by whatever name called, containing 1/2 of 1% or more of alcohol by
volume, which are beverages, but does not include fermented malt beverages.
Twenty-one years of age.
An authorization to sell alcohol beverages issued by the
Town Board or Town Clerk under this chapter. Licenses issued under
this chapter are described as follows:
CLASS "A" FERMENTED MALT BEVERAGE LICENSEAuthorizes retail sales of fermented malt beverages in original packages, containers and bottles for consumption off the premises where sold.
CLASS "B" FERMENTED MALT BEVERAGE LICENSEAuthorizes retail sales of fermented malt beverages to be consumed either on the premises where sold or off the premises.
SIX-MONTH FERMENTED MALT BEVERAGE LICENSEA Class "B" license may be issued at any time for six months in any calendar year, for which 1/2 of the annual license fee shall be paid, but such license shall not be renewable during the calendar year in which issued.
TEMPORARY CLASS "B" BEERA fermented malt beverage license issued to bona fide clubs, county or local fair associations, agricultural societies, lodges or societies that have been in existence for not less than six months prior to the date of application, and to posts of veterans' organizations authorizing them to sell fermented malt beverages at a particular picnic or similar gathering, or at a meeting of any such post, or during a fair conducted by such fair association or agricultural society.
TEMPORARY "CLASS B" WINEA license issued to bona fide clubs, county or local fair associations, agricultural societies, lodges or societies that have been in existence for not less than six months prior to the date of application, and to posts of veterans' organizations authorizing them to sell wine containing not more than 6% alcohol by volume 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, or at a meeting of any such post, or during a fair conducted by such fair association or agricultural society.
WHOLESALER'S FERMENTED MALT BEVERAGE LICENSEAuthorizes sales of fermented malt beverages, only in original packages or containers, to retailers or wholesalers, not to be consumed in or about the premises where sold.
RETAIL "CLASS A" INTOXICATING LIQUOR LICENSEAuthorizes the retail sale of intoxicating liquor in original packages, containers and bottles for consumption off the premises where sold.
RETAIL "CLASS B" INTOXICATING LIQUOR LICENSEAuthorizes retail sales of intoxicating liquor by the glass for consumption on or off the premises and in the original sealed package or container for consumption off the premises.
[Amended 4-12-2021 by Ord. No. 5-2021; 12-13-2021 by Ord. No. 12-2021]
RETAIL RESERVE "CLASS B" LICENSEThose licenses available under the quota system existing before December 1, 1997, that were not granted or issued by the Town as of December 1, 1997. The number of reserve "Class B" licenses available to the Town is determined by a series of calculations described in § 125.51(4), Wis. Stats.
"CLASS C" WINE LICENSEAuthorizes the sale of wine by the glass or in an opened original container for consumption on the premises where sold. Such licenses may only be issued for restaurants if the sale of alcohol beverages accounts for less than 50% of the gross receipts and the premises does not have a barroom.[1]
OPERATOR'S LICENSEA one- or two-year license valid only in the Town which authorizes a person 18 years of age or older, who is neither the licensee nor the agent of the licensee, to serve or sell alcohol beverages in any place operated under a Class "A," "Class A," Class "B" or "Class B" license or permit without the immediate supervision of the licensee or agent or a person holding an operator's license on the premises at the time.
[Amended 3-13-2023 by Ord. No. 2023-04]
PROVISIONAL OPERATOR'S LICENSEA short term operator's license issued to a person who has applied for an operator's license as defined in Subsection K and who is enrolled in a responsible beverage server training course pursuant to § 200-11H(1). A provisional operator's license expires 60 days after its issuance or when an operator's license under Subsection K is issued to the applicant, whichever is sooner.
[Amended 3-13-2023 by Ord. No. 2023-04]
A person, other than a rectifier, who ferments, manufactures
or distills intoxicating liquor.
A sheriff, undersheriff, deputy sheriff, police officer,
constable, marshal, deputy marshal or any employee of the Department
of Revenue or the Department of Justice authorized to act under Ch.
125, Wis. Stats.
Any permit issued by the Department of Revenue under Ch.
125, Wis. Stats.
A natural person, sole proprietorship, partnership, limited
liability company, corporation or association.
The area described in a license or permit.
The primary activity as determined by analyzing the amount
of capital, labor, time, attention and floor space devoted to each
business activity and by analyzing the sources of net income and gross
income. The name, appearance and advertising of the entity may also
be taken into consideration if they are given less weight.
Any rule or ordinance adopted by the Town Board.
Any building, room or place where meals or lunches are prepared,
served or sold to transients or the general public, and all places
used in connection therewith. See § 254.61(5), Wis. Stats.
Any person who sells, or offers for sale, any alcohol beverages
to any person other than a person holding a permit or license under
this chapter.
Any transfer of alcohol beverages for a consideration or
any transfer without consideration if knowingly made for purposes
of evading the law relating to the sale of alcohol beverages or any
shift, device, scheme or transaction for obtaining alcohol beverages,
including the solicitation of orders for or the sale for future delivery
of alcohol beverages.
A person who has not attained the legal drinking age.
A person, other than a brewer, manufacturer or rectifier,
who sells alcohol beverages to a licensed retailer or to another person
who holds a permit or license to sell alcohol beverages at wholesale.
Products obtained from the normal alcohol fermentation of
the juice or must of sound, ripe grapes, other fruits or other agricultural
products, imitation wine, compounds sold as wine, vermouth, cider,
perry, mead and sake, if such products contain 1/2 of 1% or more of
alcohol by volume.
The provisions of Ch. 125, Wis. Stats., relating
to the sale or possession or use of intoxicating liquor and fermented
malt beverages, exclusive of any provisions relating to the penalty
to be imposed or the punishment for violation of such statutes, are
adopted and made a part of this chapter by reference. A violation
of any such provisions shall constitute a violation of this chapter.
Any future amendments, revisions or modifications of the statutes
incorporated herein are intended to be made a part of this chapter
in order to secure statewide regulation of licensing and sale of alcoholic
beverages.
No person, except as provided by § 125.06,
Wis. Stats., shall distribute, vend, sell, offer or keep for sale
at retail or wholesale, deal or traffic in or, for the purpose of
evading any law or ordinance, give away any alcohol beverages, or
cause the same to be done, without having procured a license as provided
in this chapter, nor without complying with all the provisions of
this chapter and all statutes, ordinances and regulations of the state
and Town applicable thereto. No owner, lessee or person in charge
of a public place may permit the consumption of alcohol beverages
on the premises of the public place, unless the person has an appropriate
license or permit.
[Amended 2-13-2023 by Ord. No. 2023-02]
Application for a license to sell or deal in intoxicating liquor
or fermented malt beverages shall be made in writing on forms prescribed
by the State Department of Revenue or the Town and filed with the
Town Clerk. The fee prescribed for such license shall accompany the
application. The premises shall be physically described, including
every room and storage space to be covered by the license and including
all rooms joined by connecting entrances or not separated by a solid
wall. If any fact given in an application subsequently changes, the
licensee shall file a notice in writing of such change with the Town
Clerk within 10 days.
A.Â
Licenses. The Town Board may issue those licenses identified in § 200-2 hereof. The Town Clerk may also issue temporary Class "B" beer and temporary "Class B" wine licenses, operator's licenses and provisional operator's licenses.
[Amended 2-13-2023 by Ord. No. 2023-02]
B.Â
State Department of Revenue notification. By July
15 annually, the Town Clerk shall submit to the Department a list
containing the name, address and trade name of each person holding
a license issued by the Town, other than an operator's license,
provisional operator's license, or temporary Class "B" license,
the type of license held and, if the person holding the license is
a corporation or limited liability company, the name of the agent
appointed under § 125.04(6), Wis. Stats.
[Amended 2-13-2023 by Ord. No. 2023-02]
C.Â
Form and expiration of licenses. All licenses shall
be numbered in the order in which they are issued and shall state
clearly the specific premises for which granted, the date of issuance,
the fee paid and the name of the licensee and, unless sooner revoked,
shall expire on June 30 thereafter except as otherwise provided.
Every license issued under this chapter shall
be posted and at all times displayed as provided in § 125.04(10),
Wis. Stats. No person shall post such license or permit any other
person to post it upon premises other than those mentioned in the
application or knowingly deface or destroy such license.
A.Â
Procedure. Whenever the holder of any license under
this chapter violates any portion of this chapter or Ch. 125, Wis.
Stats., proceedings for the revocation or suspension of such license
may be instituted in the manner and under the procedure established
by § 125.12, Wis. Stats., and the provisions therein relating
to granting a new license shall likewise be applicable.
B.Â
Effect of revocation. When a license is revoked under
this section, no other license issued under this chapter may be granted
within 12 months of the date of revocation to the person whose license
was revoked. No part of the fee paid for any license so revoked may
be refunded.
The Town may refuse to renew a license for the
causes provided in § 125.12(2)(ag), Wis. Stats. Prior to
the time for the renewal of the license, the Town Board or a duly
authorized committee shall notify the licensee in writing of the Town's
intention not to renew the license and provide the licensee with an
opportunity for a hearing. The notice shall state the reasons for
the intended action. The hearing shall be conducted before the Town
Board as provided in § 125.12(2)(b), and judicial review
shall be as provided in § 125.12(2)(d).
