[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:
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.
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.
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:
C.
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.
D.
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.
E.
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.
H.
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]
I.
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.
J.
"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.
K.
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]
L.
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]
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.
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.
[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.
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.
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).