Town of Holland, WI
Sheboygan County
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Fees for licenses issued under this chapter shall be set by the Town Board, except that the fee for an operator's license shall be $25 per year.
As used in this chapter, the following terms have the meanings indicated:
ALCOHOL BEVERAGES
Fermented malt beverages and intoxicating liquor.
BREWER
Any person who manufactures fermented malt beverages for sale or transportation.
CLUB
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.
DEPARTMENT
The State Department of Revenue.
FERMENTED MALT BEVERAGES
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.
HOTEL
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.
INTOXICATING LIQUOR
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.
LEGAL DRINKING AGE
Twenty-one years of age.
LICENSE
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:
A. 
Authorizes retail sales of fermented malt beverages in original packages, containers and bottles for consumption off the premises where sold.
B. 
Authorizes retail sales of fermented malt beverages to be consumed either on the premises where sold or off the premises.
C. 
A 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.
D. 
A 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.
E. 
A 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.
F. 
Authorizes 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.
G. 
Authorizes the retail sale of intoxicating liquor in original packages, containers and bottles for consumption off the premises where sold.
H. 
Authorizes retail sales of intoxicating liquor for consumption on the premises where sold by the glass and not in the original package or container. In addition, wine may be sold for consumption off the premises in the original package or otherwise in any quantity.
I. 
Those 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.
J. 
Authorizes 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.
K. 
A license valid only in the Town, issued at the direction of the Town Board, to a person who has the responsibility or authority for:
(1) 
Personnel management of all employees, whether or not the person is authorized to sign employment contracts;
(2) 
The terms of contracts for the purchase or sale of goods or services, whether or not the person is authorized to sign the contracts; or
(3) 
The daily operations of the Class "B" or "Class B" premises.
L. 
A one-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.
M. 
An operator's license issued only to a person who has applied for an operator's license as defined in Subsection L and who is enrolled in a training course pursuant to § 200-11H(1). A license expires 60 days after its issuance or when an operator's license under Subsection L is issued to the applicant, whichever is sooner.
MANUFACTURER
A person, other than a rectifier, who ferments, manufactures or distills intoxicating liquor.
PEACE OFFICER
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.
PERMIT
Any permit issued by the Department of Revenue under Ch. 125, Wis. Stats.
PERSON
A natural person, sole proprietorship, partnership, limited liability company, corporation or association.
PREMISES
The area described in a license or permit.
PRINCIPAL BUSINESS
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.
REGULATION
Any rule or ordinance adopted by the Town Board.
RESTAURANT
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.
RETAILER
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.
SELL, SOLD, SALE or SELLING
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.
UNDERAGE PERSON
A person who has not attained the legal drinking age.
WHOLESALER
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.
WINE
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.
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. The application shall be notarized.
A. 
Application to be notarized. The application shall be signed and sworn to by the applicant as provided in § 887.01, Wis. Stats.
B. 
Subsequent changes. 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. 
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, provisional operators' licenses and all soda licenses.
B. 
Department notification. By July 15 annually, the Town Clerk shall mail to the Department a list containing the name, address and trade name of each person holding a license issued by the Town, other than a manager's or operator's license or a 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.
C. 
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.
A. 
As to person. No license shall be transferable as to licensee except as provided by § 125.04(12)(b), Wis. Stats.
B. 
As to place. Licenses issued pursuant to this chapter may be transferred as provided in § 125.04(12)(a), Wis. Stats.
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. 
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. 
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).