[HISTORY: Adopted by the Village Board of
the Village of Mazomanie as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-28-1988 as Title 7, Ch. 2 of the 1988 Code]
The provisions of Ch. 125 and §§ 778.25
and 938.344, 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.
[Amended 12-8-2006 by Ord. No. 2006-2]
As used in this article the terms "alcoholic
beverages," "intoxicating liquors," "sell," "sold," "sale," "restaurant,"
"club," "retailer," "person," "fermented malt beverages," "wholesalers"
and "operators" shall have the meaning given them by Ch. 125, Wis.
Stats. In addition, the following definitions shall be used:
All lawful activity contemplated to be conducted on the licensed
premises at the time such license was issued.
The conducting of business during all such times of the day
in which such business is normally conducted and shall mean that such
business is open for business to the general public during such times.
No person, firm or corporation shall vend, sell,
deal or traffic in or have in his possession with intent to vend,
sell, deal or traffic in or, for the purpose of evading any law or
ordinance, give away any intoxicating liquor or fermented malt beverage
in any quantity whatever, or cause the same to be done, without having
procured a license as provided in this article nor without complying
with all the provisions of this article, and all statutes and regulations
applicable thereto, except as provided by §§ 125.26,
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 Village
Clerk-Treasurer under the authority of the Village Board, shall permit
its holder to sell, deal and traffic in intoxicating liquors only
in original packages or containers, and to be consumed off the premises
so licensed.
B.
Retail "Class B" intoxicating liquor license, when
issued by the Village Clerk-Treasurer under authority of the Village
Board, shall permit its holder to sell, deal and traffic in intoxicating
liquors to be consumed by the glass on the premises so licensed, or
off the premises if the licenses seals the container of intoxicating
liquor with a tamper-evident seal before the intoxicating liquor is
removed from the premises. The "Class B" license also authorizes the
sale of intoxicating liquor in the original package or container,
in multiples not to exceed for liters at any one time, and 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.
[Amended 6-22-2021 by Ord. No. 2021-3]
C.
Class "A" fermented malt beverage retailer's license.
A Class "A" fermented malt beverage retailer's license, when issued
by the Village Clerk-Treasurer under the authority of the Village
Board, 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.
D.
Class "B" fermented malt beverage retailer's license.
A Class "B" fermented malt beverage retailer's license, when issued
by the Village Clerk-Treasurer under the authority of the Village
Board, 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 1/2 of 1% of alcohol by volume without obtaining
a special license to sell such beverages.
E.
Temporary Class "B" license.
[Amended 12-8-2006 by Ord. No. 2006-2]
(1)
A temporary Class "B" license, when issued by the
Village Clerk-Treasurer under authority of the Village Board, as provided
for in § 125.26(6), Wis. Stats., shall entitle the holder
thereof to possess, sell or offer for sale fermented malt beverages
at a particular picnic, post meeting, fair or similar gathering. Such
license may be issued only to bona fide clubs, churches, state, county
or local fair associations or agricultural societies, lodges or societies
that have been in existence for not less than six months prior to
the date of application for such license or to posts of ex-servicemen's
organizations now or hereafter established. Such license is valid
for dates as approved by the Village Board.
(2)
Application. Application for such license shall be
signed by the president or corresponding officer of the society making
such application and shall be filed with the Village Clerk-Treasurer
together with the appropriate license fee for each day for which the
license is sought. The license shall specify the hours and dates of
license validity. Such license shall be valid for no more than four
consecutive days. If the application is for a license to be used in
a Village park, the applicant shall specify the main point of sale
facility.
F.
Wholesaler's license. A wholesaler's fermented malt
beverage license, when issued by the Village Clerk-Treasurer under
authority of the Village Board, shall entitle the holder thereof to
possess, sell or offer for sale fermented malt beverages only in original
packages or containers to dealers, not to be consumed in or about
the premises of said wholesaler.
G.
Retail "Class B" intoxicating liquor license for restaurants
and hotels. A retail "Class B" intoxicating liquor license for full-service
restaurants with a seating capacity of 300 or more persons, or for
a hotel that has 100 or more rooms and sleeping accommodations and
that has either an attached restaurant with a seating capacity of
150 or more persons or a banquet room in which banquets attended by
400 or more persons may be held, when issued by the Village Clerk-Treasurer
under authority of the Village Board, 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, and 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. There shall be a minimum of 2/3 of the total seating capacity
inside. Any license issued under this subsection shall require the
applicant for such license to certify the premises covered by such
license to have the required seating capacity and/or sleeping accommodations
capacity, as required, and shall be accompanied by either:
[Added 10-13-1998 by Ord. No. 1998-5]
(1)
A copy of the final building plan approved by the
State of Wisconsin Department of Commerce, or its successor responsible
for approval of such commercial building plan, clearly establishing
the required seating capacity and/or sleeping room accommodations;
or
(2)
A sworn statement from a professional engineer licensed
by the State of Wisconsin certifying the required seating capacity
and/or sleeping room accommodations.
H.
Retail "Class C" wine license for restaurants. A retail
"Class C" wine license 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, as that term is defined in § 125.51(3m)(a),
Wis. Stats., when issued by the Village Clerk-Treasurer under authority
of the Village Board, shall permit its holder to sell wine by the
glass or in an open original container for consumption on the premises
so licensed. Any license issued under this subsection shall require
the applicant for such license to certify that the restaurant operated
by the applicant meets the gross receipts percentage, as required.
[Added 10-26-1999 by Ord. No. 1999-3]
[Amended 10-13-1998 by Ord. No. 1998-5; 10-26-1999 by Ord. No. 1999-3, 10-8-2002 by Ord. No. 2002-6]
The Village Board shall establish by resolution
the fees chargeable for licenses issued by the Village Board for all
classes of intoxicating liquor licenses and fermented malt beverage
licenses. Such fees as so established by the Village Board shall be
the annual fees chargeable and collectable by the Village for the
issuance of such licenses and shall remain in effect until changed
by resolution of the Village Board.
A.
Contents. Application for a license to sell or deal
in intoxicating liquor or fermented malt beverages shall be made in
writing on the form prescribed by the Wisconsin Department of Revenue
and shall be sworn to by the applicant as provided by §§ 887.01
to 887.03, Wis. Stats., and shall be filed with the Village Clerk-Treasurer
not less than 15 days prior to the granting of such license. The premises
shall be physically described, to include every room and storage space
to be covered by the license, including all rooms not separated by
a solid wall or joined by connecting entrances.
B.
Corporations. Such application shall be filed and
sworn to by the applicant if an individual or by the president and
secretary if a corporation.
C.
Publication. The application shall be published at
least one time in the official Village newspaper, and the costs of
publication shall be paid by the applicant.
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.
A.
Residence requirements. A retail Class "A" or retail
Class "B" fermented malt beverage license or retail "Class A" or retail
"Class B" intoxicating liquor license shall be granted only to persons
who are citizens of the United States and of Wisconsin.
B.
Applicant to have malt beverage license. No retail
"Class B" intoxicating liquor license shall be issued to any person
who does not have or to whom is not issued a Class "B" retailer's
license to sell fermented malt beverages.
C.
Right to premises. No applicant will be considered
unless he has the right to possession of the premises described in
the application for the license period, by lease or by deed.
D.
Age of applicant. No "Class A," "Class B," Class "A"
or Class "B" licenses shall be granted to any person under the Wisconsin
legal drinking age.
E.
Corporate restrictions.
(1)
No license shall be granted to any corporation which
does not comply with the provisions of § 125.04(6), Wis.
Stats., which does not have an agent eligible for a license under
this article or under state law, or which has more than 50% of the
stock interest, legal or beneficial, in such corporation held by any
person or persons not eligible for a license under this article or
under state law.
(2)
Each corporate applicant shall file with its application
for such license a statement by its officers showing the names and
addresses of the persons who are stockholders together with the amount
of stock held by such person or persons. It shall be the duty of each
corporate applicant and licensee to file with the Village Clerk-Treasurer
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 state law.
F.
Separate licenses. A separate license shall be required
for each business premises where intoxicating liquor or fermented
malt beverages are kept, sold or offered for sale.
G.
License quotas. License quotas for the Village shall
be as provided in Ch. 125, Wis. Stats.
H.
Licensed premises. Licenses issued by the Village shall be for the structure itself and shall not confer any license or right to property outside of the licensed premises unless the premises have had an outdoor cafe permit issued under § 254-17.1.
[Amended 3-11-2008 by Ord. No. 2008-7]
I.
Delinquent taxes, assessments, etc.
(1)
Premises. No initial or renewal alcohol beverage licenses
shall be granted for any premises for which Village taxes, assessments,
utility bills, garbage collection fees, sewer and water bills, or
other assessments or other claims of the Village are delinquent and
unpaid.
(2)
Persons. No initial or renewal alcohol license shall
be granted to any person:
The Village Clerk-Treasurer shall notify the
Chief of Police and Building Inspector of each new application and
these officials shall inspect or cause to be inspected each application
and the premises, together with such other investigation as shall
be necessary to determine whether the applicant and the premises sought
to be licensed comply with the regulations, ordinances and laws applicable
thereto, including those governing sanitation in restaurants, and
whether the applicant is a proper recipient of a license. These officials
shall furnish to the Village Board in writing 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.
In determining the suitability of an applicant, consideration
shall be given to the moral character and financial responsibility
of the applicant, the appropriateness of the location and premises
proposed, and generally the applicant's fitness for the trust to be
reposed.
B.
No license shall be granted for operation on any premises
or with any equipment for which taxes or assessments or other financial
claims of the Village are delinquent and unpaid.
C.
No license shall be issued unless the premises conform
to the sanitary, safety, and health requirements of the State Building
Code and the regulations of the State Department of Commerce 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 Village.
[Amended 12-8-2006 by Ord. No. 2006-2]
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 Village Board,
the Village Clerk-Treasurer shall issue to the applicant a license,
upon payment by the applicant of the license fee to the Village.
A.
In accordance with the provisions of § 125.04(12),
Wis. Stats., a license shall be transferable from one premises to
another if such transfer is first approved by the Village Board. An
application for transfer shall be made on a form furnished by the
Village Clerk-Treasurer. 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 Village Board. Whenever a license is transferred
the Village Clerk-Treasurer shall forthwith notify the Wisconsin Department
of Revenue of such transfer.
B.
Whenever the agent of a corporate holder of a license
is, for any reason, replaced, the licensee shall give the Village
Clerk-Treasurer written notice of said replacement, the reasons therefor
and the new appointment. Until the next regular meeting or special
meeting of the Village Board, 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 Village Clerk-Treasurer 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 or the Village Board until the successor
agent or another qualified agent is appointed and approved by the
Village and the Wisconsin Department of Revenue.
[Amended 12-8-2006 by Ord. No. 2006-2]
All licenses shall be numbered in the order
in which they are issued and shall state clearly the specific premises
for which granted, the date of issuance, the fee paid, and the name
of the licensee.
A.
Every person licensed in accordance with the provisions
of this article shall immediately post such license and keep the same
posted while in force in a conspicuous place in the room or place
where said beverages are drawn or removed for service or sale.
B.
It shall be unlawful for any person to post such license
or to be permitted to post it upon premises other than those mentioned
in the application or knowingly to deface or destroy such license.
All retail Class "A," Class "B," "Class A" and
"Class B" licenses granted hereunder shall be granted subject to the
following conditions, and all other conditions of this article, and
subject to all other ordinances and regulations of the Village 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 Village 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 Village ordinances or state
laws and consents to the introduction of such things and articles
in evidence in any prosecution that may be brought for such offenses.
B.
Employment of minors. No retail Class "B" or "Class
B" licensee shall employ any person not permitted by state law, but
this shall not apply to hotels and restaurants. Family members may
work on the licensed premises but are not permitted to sell or dispense
alcoholic beverages.
[Amended 12-8-2006 by Ord. No. 2006-2]
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. Owners and employees of licensed premises shall promptly
notify law enforcement officials of disorderly conduct or illegal
activities occurring on the licensed premises.
D.
Licensed operator on premises. There shall be upon
premises operated under a Class "B" or "Class B" license, at all times,
the licensee 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" or "Class B" license unless
he possesses an operator's license or there is a person with an operator's
license upon said premises at the time of such service.
[Amended 12-8-2006 by Ord. No. 2006-2]
E.
Health and sanitation regulations. The rules and regulations
of the State Department of Commerce governing sanitation in restaurants
shall apply to all Class "B" liquor licenses issued under this article.
No Class "B" license shall be issued unless the premises to be licensed
conforms to such rules and regulations.
F.
Restrictions near schools and churches. No retail
"Class A," "Class B," Class "A" or Class "B" license shall be issued
for premises the main entrance of which is less than 300 feet from
the main entrance of any established public school, parochial school,
hospital or church. Such distance shall be measured by the shortest
route along the highway from the closest point of the main entrance
of such school, church or hospital to the main entrance to such premises.
This subsection shall not apply to premises licensed as such on June
30, 1947, nor shall it apply to any premises licensed as such prior
to the occupation of real property within 300 feet thereof by any
school building, hospital building or church building.
G.
Consumption on premises. All purchase of intoxicating
liquor or fermented malt beverages by the glass or in open containers
shall be consumed on the licensed premises where served and shall
not be removed therefrom to any thoroughfare, street, alley or sidewalk
unless authorized by the Village Board.
H.
Gambling. No gambling or game or chance of any sort
shall be permitted in any form upon the licensed premises.
I.
Clear view of premises required. All windows in the
front of any licensed premises shall be of clear glass, and the premises
shall be so arranged as to furnish a clear view of the entire premises
from the sidewalk. There shall be no partition, box, stall, screen,
curtain or other device which shall obstruct the view of said room
from the general observation of persons, provided that partitions,
subdivisions or panels not higher than 60 inches from the floor shall
not be construed as in conflict with the foregoing, and provided that
retail Class "B" licenses shall entitle the holder thereof to serve
such beverages in a separate room on the licensed premises at banquets
or dinner.
J.
Law officer closing. A law enforcement officer may
order an establishment licensed under this article temporarily closed
because of disorderly or unruly conduct on the premises.[1]
[1]
Editor's Note: Former Subsection K, Limitations
on number of "Class A" licenses, which immediately followed this subsection,
was repealed 3-25-2008 by Ord. No. 2008-3
Closing hours for premises licensed under this
article shall be as prescribed by state law.
[Amended 12-8-2006 by Ord. No. 2006-2]
It shall be unlawful for any person or organization
on a temporary basis to sell or offer to sell any alcohol beverage
upon any Village-owned property or privately owned property within
the Village except through the issuance of temporary Class "B" license
issued by the Village Board in accordance with the Wisconsin Statutes
and as set forth in this section. A temporary Class "B" license authorizing
the sale and consumption of beer on Village-owned property or privately
owned property may be authorized by the Village Board, 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 § 254-21.
B.
Posting of signs and licenses. All organizations issued
a liquor 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 age identification.
C.
Fencing. All organizations shall install a double
snow fence around the main point of sale to control ingress and egress
and shall continually station a licensed operator or security guard
at the entrance for purpose of checking age identification. There
shall be only one point of ingress and egress. The double fence shall
be a minimum of four feet high and a minimum of six feet between fences.
A single eight-foot chain link fence may be used to meet the fence
requirements.
D.
Underage persons prohibited. No underage persons,
as defined by the Wisconsin Statutes, shall be allowed to assist in
the sale of fermented malt beverages at any point of sale, nor shall
they be allowed to loiter or linger in the area of any point of sale.
E.
Licensed operator requirement. A licensed operator
shall be stationed at all points of sales at all times.
F.
Permitted containers. Intoxicants will be sold only
in foam or plastic cups, cans or plastic bottles.
G.
Additional requirements. In addition, the requesting
organization shall comply with the following:
(1)
When the event sponsored by the requesting organization
is to take place on Village park property, the organization shall
work closely with Village officials in locating and setting up the
snow fence area. Village officials shall work with the requesting
organization in identifying the size of the fenced-in area and the
exact location. Such information shall be made part of the temporary
Class "B" license application.
(2)
When the event sponsored by the requesting organization
is to take place on Village-owned property other than park property
and/or privately owned property, the organization shall work closely
with the Police Department in locating and setting up the snow fence
area. The Chief of Police shall work closely with the requesting organization
in identifying the size of the fenced-in area and the exact location.
Such information shall be made part of the temporary Class "B" license
application. For indoor events, the structure used must have suitable
exits and open spaces to accommodate anticipated attendance. It shall
contain adequate sanitary facilities to accommodate the size of the
group.
H.
Insurance. The applicant for a temporary Class "B"
license may be required to indemnify, defend, and hold the Village
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 license 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 Village which lists the Village as a third-party
insured. The applicant may be required to furnish a performance bond
prior to being granted the license.
[Added 5-27-2008 by Ord. No. 2008-11[1]]
The following requirements shall apply to the
operation of sidewalk cafes:
A.
Only food or beverages for immediate consumption may
be offered for sale. Alcohol consumption in a sidewalk cafe is limited
to the hours of 11:00 a.m. to 10:00 p.m.
B.
No alcoholic beverages shall be allowed in the sidewalk
cafe at any time except with the appropriate licenses (liquor/fermented
malt beverage license and sidewalk cafe permit). In such case, alcoholic
beverages may only be served within the sidewalk cafe area when the
establishment is also open for food service.
C.
The license holder shall, in addition to all other
requirements of law, take reasonable steps to ensure that alcoholic
beverages are consumed only by patrons of the establishment who are
of age, and not by passersby or persons who are not of age or who
are obviously intoxicated. Reasonable steps shall include the use
of barriers or fences, supervision of the outside area by security
or staff personnel, and/or surveillance by electronic monitors or
any other means necessary.
D.
Failure to take such reasonable steps and use them
at all times that alcoholic beverages are consumed in the sidewalk
cafe area is grounds for the imposition by the Village board of a
condition(s) on the license to prohibit sale of alcoholic beverages
in the sidewalk cafe area, and such condition(s) shall not be deemed
to be an adverse action against the license.
[1]
Editor's Note: This ordinance also repealed
former § 254-17, Beer garden permits.
[Added 3-11-2008 by Ord. No. 2008-5]
A.
Required for 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 license granted
by the Village Board. The licenses are a privilege in which no rights
vest and, therefore, may be revoked by the Village Board at its pleasure
at any time or shall otherwise expire on November 1 of each year.
No person shall consume or have in his/her possession alcohol beverages
on any unenclosed part of the licensed premises which is not described
in a valid outdoor cafe alcoholic beverage license.
B.
Limitations on issuance of an outdoor cafe alcoholic
beverage license.
(1)
No outdoor cafe alcoholic beverage license shall
be issued if greater than 50% of the gross retail sales of the licensee's
business are derived from the sale of alcoholic beverages.
(2)
No outdoor cafe alcoholic beverage license shall
be issued if any part of the described outdoor seating area is within
100 feet of a residentially zoned structure, except residential uses
located in the same structure as the licensed premises.
(3)
No outdoor cafe alcoholic beverage license shall
be issued if the described outdoor seating area is greater than 50%
of the gross floor area of the adjoining licensed premises.
(4)
Each applicant for an outdoor cafe alcoholic
beverage license shall accurately describe the area intended for use
as an outdoor seating area and shall indicate the nature of fencing
or other measures intended to provide control over the operation of
the outdoor seating area.
(5)
Amplified sound or music is not permitted in
the outdoor seating area Monday through Thursday and is permitted
no earlier than 11:00 a.m. on Friday through Sunday and no later than
10:00 p.m. on Friday and Saturday and no later than 6:00 p.m. on Sunday.
(6)
The appropriate fee, specified under a fee schedule
available in the office of the Village Clerk, shall accompany the
application.
C.
Adjoining property owners to be notified of pendency
of applications. All property owners within 150 feet of the proposed
outdoor seating area shall be notified by first class mail of the
pendency of an application for an outdoor cafe alcoholic beverage
license by first class mail from the Village Clerk's Office.
D.
State statutes enforced within outdoor seating area.
Every licensee under this section shall comply with 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 cafe alcoholic beverage license by the Village
Board.
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 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 an abandonment,
unless extended by the Village Board. All persons issued a license
to sell alcohol beverages in the Village for which a quota exists
limiting the number of such licenses that may be issued by the Village
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 terms 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.
(1)
Notice and hearing. Whenever a person holding a license
to sell alcoholic beverages has failed to maintain the premises according
to standards prescribed for sanitation, or in whose premises persons
are permitted to loiter for purposes of prostitution, or where the
licensee has not observed and obeyed any lawful order of the Village
Board or police officers of the Village or has violated Village ordinances,
or for any other good reason, the Village Board shall issue a summons,
to be signed by the Village Clerk-Treasurer, commanding the licensee
complained of to appear before the Public Protection and Ordinance
Committee or a special committee designated by the Village Board on
a day and time and at a place named in the summons to show cause why
the license should not be revoked or suspended. Such summons shall
be served not less than three and not more than 10 days before the
time at which the licensee is commanded to appear and may be served
personally upon the licensee or the agent of the licensee or upon
the person in charge of the licensed premises. The complaint shall
be served with the summons and shall set forth the offense allegedly
committed, the date and place of said offense, and the facts constituting
the alleged offense. If such licensee shall not appear as required
by the summons, the complaint shall be taken as true, and if the Committee
deems its allegations sufficient, the Committee shall recommend revocation
or suspension of the license as provided herein.
(2)
Procedure on hearing; effect of revocation.
(a)
The Public Protection and Ordinance Committee
or a designated committee shall serve as a hearing agency for the
Village Board.
(b)
The Chair of the Committee, or the Chair's designee,
shall conduct the hearing and administer oaths to all witnesses and
may issue subpoenas. So far as practicable, the rules of evidence
provided in § 227.45, Wis. Stats., shall be followed. The
complainant shall have the burden of proving the charges by a preponderance
of the evidence. The licensee and the complainant may be represented
by counsel and may call and examine witnesses and cross-examine witnesses
of the other party. All proceedings and testimony shall be recorded
on tape and transcribed. If either party requests a stenographic recording
and transcription, the Village shall make the necessary arrangements,
but the expenses shall be borne by the requesting party. The Village
Clerk-Treasurer shall serve as Secretary to the Committee and shall
mark and receive all exhibits admitted into the record.
(c)
Within 10 days of the completion of the hearing
and filing of briefs, if any, the Committee, upon the testimony and
evidence presented at the hearing, shall determine by simple majority
vote of those present whether the charges are true and, if so, submit
a report to the Village Board including its findings of fact, conclusions
of law and a recommendation as to what action, if any, the Village
Board should take with respect to the license. If the recommendation
is to suspend the license, it shall be for a period of not less than
10 days or more than 90 days; in like manner, the recommendation may
be to revoke the license. If the Committee determines that the charges
are not substantiated, it shall recommend to the Village Board that
the complaint be dismissed without cost to either party. The Committee's
recommendation shall be promptly filed with the Clerk-Treasurer. The
Clerk-Treasurer shall prepare five copies of the transcript of the
proceedings, all exhibits and the recommendation of the Committee.
(d)
At the regular meeting of the Village Board
after the filing of the Committee's recommendation, the Village Board
shall act on the recommendation and may reverse or modify any portion
thereof by a simple majority vote. The recommendation of the Committee
shall become the decision of the Village Board unless reversed or
modified. No further testimony or evidence shall be allowed before
the Village Board. Only those members of the Village Board who have
certified to the Clerk-Treasurer in writing that they have read the
transcript, exhibits and recommendation made shall be permitted to
vote on the matter. The Clerk-Treasurer shall make said certifications
a part of the record. The decision of the Village Board shall be a
final determination for purposes of judicial review.
(e)
If the complaint is found to be true, the licensee
shall pay to the Village the actual cost of the proceedings. If the
complaint is found by the Village Board to be malicious and without
probable cause, the complainant shall pay the cost of the proceedings
in the same amount.
(f)
When a license is revoked it shall be so entered
of record by the Clerk-Treasurer, and no other license shall be granted
to such licensee or for such premises for a period of 12 months from
the date of the revocation, nor shall any part of the money paid as
application fee for any license so revoked be refunded.
D.
Nonrenewal of license. The Village Attorney may, after investigation, commence an action before the Public Protection and Ordinance Committee to hear evidence and make a recommendation to the Village Board that a license issued pursuant to this article not be renewed. The Chair of the Committee shall, in writing, notify the licensee of the consideration of nonrenewal. Such notification shall be in the form of and shall serve as the summons and complaint and shall include a statement of the reasons for the consideration of the nonrenewal of the license in the same specificity required for a summons and complaint for revocation or suspension. If the license is recommended for nonrenewal, costs may be assessed against the licensee and any renewal application fee shall be forfeited. In all other respects, the provisions of Subsection C above shall apply. The commencement of this action shall stay action by the Village Board on the licensee's application until the Committee makes its recommendation.
E.
Other provisions. Any license issued pursuant to this
article shall be subject to such further regulations and restrictions
as may be imposed by the Village Board by amendment to this section
or by the enactment of new ordinances. If any licensee shall fail
or neglect to meet the requirements imposed by such new restrictions
and regulations his license may be revoked in accordance with this
section. In case of revocation of any license for any violation of
any provision of this article in accordance with this section or by
the court or for any reasonable cause, except the imposition of new
restrictions, no refund shall be made of any part of the license fee.
F.
Point values for alcohol beverage violations, revocations
and suspensions.
(1)
Purpose and definitions. The purpose of this Subsection F is to administratively interpret those portions of this article and Article II of this chapter relating to establishing an alcohol beverage demerit point system to assist in determining which license holders should be subject to suspension or revocation procedures.
(2)
Point schedule. The scale of demerit points is listed
according to the type of alcohol beverage violation. This demerit
point system is used to identify habitually troublesome license holders
who have repeatedly violated state statutes and Village ordinances,
for the purpose of recommending suspension or revocation of their
alcohol beverage licenses.
|
Type of Violation
|
Point Value
| ||
|---|---|---|---|
|
1.
|
Sale of alcohol beverages without license or
permit
|
100
| |
|
2.
|
Sale of alcohol beverages to underage person
|
50
| |
|
3.
|
Sale of alcohol beverages to intoxicated person
|
50
| |
|
4.
|
Underaged person on premises
|
50
| |
|
5.
|
Intoxicated bartender
|
50
| |
|
6.
|
After hours consumption
|
50
| |
|
7.
|
Refusal to allow police to search premises or
refusal to cooperate with lawful police investigation
|
50
| |
|
8.
|
Licensee, agent or operator not on premises
at all times
|
25
| |
|
9.
|
On premises after closing hours
|
25
| |
|
10.
|
No carry-out, restricted to appropriate hours
|
25
| |
|
11.
|
Permit person to leave licensed premises with
open alcohol beverage
|
25
| |
|
12.
|
All other violations of this article, including
disorderly conduct calls within the licensed premises, failure to
notify Police Department of illegal activities on premises, and delivery
of controlled substances on licensed premises
|
25
| |
(3)
Calculation of violations. In determining the accumulated
demerit points against a license within 12 months, the Village shall
use the date each violation was committed as the basis for the determination.
(4)
Suspension or revocation of license.
(a)
The Public Protection and Ordinance Committee
of the Village Board shall call before it for purposes of a revocation
or suspension hearing all licensees who have accumulated 100 points
in a twelve-month period as a result of court-imposed convictions
or who have had referred to it reports from the Village Attorney which,
if believed, would result in 100 demerit points in 12 months.
(b)
If the demerit point accumulation, calculated
from the date of violation, exceeds 100 points in a twelve-month period,
150 points in a twenty-four-month period or 200 points in a thirty-six-month
period, the suspension shall be for not less than 10 days nor more
than 90 days. If the license(s) is revoked, no other license shall
be granted to such licensee or for such premises for a period of 12
months from the date of revocation.
A.
Operator's license required.
(1)
Operator's licenses; 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. 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.
[Amended 12-8-2006 by Ord. No. 2006-2]
B.
Procedure upon application.
[Amended 4-28-2020 by Ord. No. 2020-2]
(1)
The Village Board or the Village Clerk-Treasurer may issue an operator's license, which license shall be granted only upon application in writing on forms to be obtained from the Village Clerk-Treasurer only to persons 18 years of age or older who have successfully completed a responsible beverage training course as described in Subsection F below. Operators' licenses shall be operative only within the limits of the Village.
(2)
All
applications are subject to an investigation by the Chief of Police
and/ or other appropriate authority to determine whether the applicant
and/ or premises to be licensed complies with all regulations, ordinances
and laws applicable thereto. The Village Clerk-Treasurer or their
designee 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 Village Clerk-Treasurer shall issue the
license or make a recommendation to the Village Board approval or
denial of the application. If the Village Clerk-Treasurer recommends
denial, they shall provide, in writing, the reasons for such recommendation.
The Village Clerk-Treasurer shall report to the Village Board the
names of the applicants that have been issued operators' licenses
at their regularly scheduled meetings. Consideration for the granting
or denial of a license will be based on the arrest and conviction
record of the applicant subject to the limitations imposed by §§ 111.321,
111.322, and 111.335, Wis. Stats., the financial responsibility of
the applicant, the appropriateness of the location and the premises
where the licensed business is to be conducted, and the applicant's
fitness generally for the trust to be reposed.
(3)
Temporary
license. If the Village Board or the Village Clerk-Treasurer approves
the granting of a temporary operator's license, the Village Clerk-Treasurer
shall issue the license in accordance with § 125.17(1) to
(4), Wis. Stats., provided that:
(a)
This license may be issued only to operator employed by or donating
their services to nonprofit corporations; and
(b)
No person may hold more than one license of this kind per year; and
(c)
The license is valid for any period from one day to 14 days, and
the period for which it is valid shall be stated on the license.
C.
Duration. Licenses issued under the provisions of
this article shall be valid for a period of one year and shall expire
on the 30th day of June of each year.
D.
Operator's license fee; provisional or temporary licenses.
(1)
Fee. The fee for an operator's license, provisional
license or temporary license shall be as established by resolution
of the Village Board.
[Amended 12-8-2006 by Ord. No. 2006-2]
(2)
Provisional license. The Village Clerk-Treasurer may
issue provisional operators' licenses 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 Village Clerk-Treasurer 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 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 Village Board or who has had his operator's license revoked
or suspended within the preceding 12 months. The Village Clerk-Treasurer
shall provide an appropriate application form to be completed in full
by the applicant. The Village Clerk-Treasurer may revoke the provisional
license issued if he discovers that the holder of the license made
a false statement on the application.
(3)
Temporary license. After the Village Board approves
the granting of a temporary operator’s license, the Clerk-Treasurer
shall issue the license in accordance with § 125.17 (1)
to (4), Wis. Stats., provided that:
[Amended 12-8-2006 by Ord. No. 2006-2; 9-27-2011 by Ord. No.
2011-5]
(a)
This license may be issued only to operators employed by, or donating
their services to, nonprofit corporations.
(b)
No person may hold more than one license of this kind per year.
(c)
The license is valid for any period from one day to 14 days, and
the period for which it is valid shall be stated on the license.
E.
Issuance or denial of operator's license.
(1)
If the Village Board or Village Clerk-Treasurer approves
the granting of an operator's license, the Village Clerk-Treasurer
shall issue the license. Such licenses shall be issued and numbered
in the order they are granted and shall state the applicant's name
and the date of the expiration of such license.
[Amended 4-28-2020 by Ord. No. 2020-2]
(2)
Denial.
(a)
If the application is denied by the Village
Board or Village Clerk-Treasurer, the Village Clerk-Treasurer 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 Village Board 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 Board's reconsideration of the matter. At such reconsideration
hearing, the applicant may present evidence and testimony as to why
the license should be granted.
[Amended 4-28-2020 by Ord. No. 2020-2]
(b)
If, upon reconsideration, the Board again denies
the application, the Village Clerk-Treasurer shall notify the applicant
in writing of the reasons therefor. An applicant who is denied any
license upon reconsideration of the matter may apply to Circuit Court
pursuant to § 125.12(2)(d), Wis. Stats., for review.
(3)
Considerations.
(a)
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.
(b)
If a licensee is convicted of an offense substantially
related to the licensed activity, the Village Board may act to revoke
or suspend the license.
(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 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 Village Board or the Village Clerk-Treasurer,
the Village Board or the Village Clerk-Treasurer reserves the right
to consider the severity and facts and circumstances of the offense
when making the determination to grant, deny to not renew a license.
Further, the Village Board or the Village Clerk-Treasurer, 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.
[Amended 4-28-2020 by Ord. No. 2020-2]
F.
Training course.
[Amended 4-28-2020 by Ord. No. 2020-2]
(1)
Except as provided in Subsection F(2) below, the Village Board or the Village Clerk-Treasurer 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, which may include computer-based training and testing, that is approved by the department or the department of safety and professional services or unless the applicant fulfills one of the following requirements:
(2)
The Village Board or the Village Clerk-Treasurer may issue a provisional operator's license to a person who is enrolled in a training course under Subsection F(1) above and shall revoke that license if the applicant fails successfully to complete the course in which he or she enrolls.
(3)
The Village Board or the Village Clerk-Treasurer may not require that applicants for operators' licenses undergo training in addition to that under Subsection F(1) but may require applicants to purchase, at cost, materials that deal with relevant local subjects not covered in the course under Subsection F(1).
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 possession, or he shall
carry a license card.
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.
[Amended 12-8-2006 by Ord. No. 2006-2]
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 such license shall be subject to a forfeiture as provided in Chapter 1, § 1-3 of this Code. Nothing herein shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the Wisconsin Statutes.
[Adopted 6-28-1988 as Title 9, Ch. 5 of the 1988 Code]
A.
Alcoholic 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
alcoholic beverage upon any public street, sidewalk, alley, public
parking lot, highway, cemetery or drives or other public area within
the Village 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 possession any open container containing alcohol beverage
upon any public street, public sidewalk, public way, public alley
or public parking lot within the Village except at licensed premises.
(2)
Parks. It shall be unlawful for any person to drink
or have in his possession any alcohol beverage in any Village park
between the hours of 10:30 p.m. and 6:00 a.m. except at licensed premises.
(3)
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 Village unless
the property is specifically named as being part of a licensed premises.
(4)
Leaving licensed premises with open container.
(a)
It shall be unlawful for any licensee, permittee
or operator to permit any patron to leave the licensed premises with
an open container containing any alcohol beverage.
(b)
It shall be unlawful for any patron to leave
a licensed premises with an open container containing any alcohol
beverage.
(5)
Picnic beer licenses for parks.[2]
(a)
It shall be unlawful for any group of persons
which exceeds 25 to consume any alcohol beverages in any park areas
without first obtaining a picnic beer license from the Village. The
picnic beer licenses shall be issued by the Village Clerk-Treasurer
with a copy of the license sent to the Chief of Police.
(b)
Applicants for temporary Class "B" licenses shall fully comply with the requirements of § 254-16 of this chapter.
(c)
The sale of fermented malt beverages from remote
sites, that is, other than the main point of sale facility, shall
be prohibited after the hour of 9:00 p.m.
(6)
Exceptions.
(a)
The provisions of this section may be waived
by the Village Board for duly authorized events.
B.
ALCOHOLIC BEVERAGE
PUBLIC AREA
Definitions. As used in this section, the following
terms shall have the meaning 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
and 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 Village which is open to access to
persons not requiring specific permission of the owner to be at such
location, including all parking lots serving commercial establishments.
As used in this article, the following terms
shall have the meaning indicated:
Any person under the legal drinking age as defined by the
Wisconsin Statutes.
A.
Sales of alcohol beverages to underage persons.
(1)
No person may procure for, sell, dispense or give
away any fermented malt beverages to any underage person not accompanied
by his or her parent, guardian or spouse who has attained the legal
drinking age, or procure for, sell, dispense or give away any intoxicating
liquor to any underage person.
(2)
No licensee or permittee may sell, vend, deal or traffic
in fermented malt beverages to or with any underage person not accompanied
by his or her parent, guardian or spouse who has attained the legal
drinking age or sell, vend, deal or traffic in intoxicating liquor
to or with any underage person.
B.
A.
Restrictions. An underage person not accompanied by
his or her parent, guardian or spouse who has attained the legal drinking
age may not enter or be on any premises for which a license or permit
for the retail sale of alcohol beverages has been issued, for any
purpose except the transaction of business pertaining to the licensed
premises with or for the licensee or his or her employee. The business
may not be amusement or the purchase, receiving or consumption of
edibles or beverages or similar activities which normally constitute
activities of a customer of the premises. This subsection does not
apply to:
(1)
An underage person who is a resident, employee, lodger
or boarder on the premises controlled by the proprietor, licensee
or permittee of which the licensed premises consists or is a part.
(2)
An underage person who enters or is on a "Class A"
retail intoxicating liquor premises for the purpose of purchasing
edibles or beverages other than alcohol beverages. An underage person
so entering the premises may not remain on the premises after the
purchase.
(3)
Hotels, drugstores, grocery stores, bowling alleys,
cars operated by any railroad, regularly established athletic fields,
stadiums, or public facilities as defined in § 125.51(5)(b)1d,
Wis. Stats., which are owned by a county or municipality.
(4)
Ski chalets, golf clubhouses and private tennis clubs.
(5)
Premises operated under both a Class "B" or "Class
B" license or permit and a restaurant permit where the principal business
conducted is that of a restaurant. If the premises is operated under
both a Class "B" or "Class B" license or permit and a restaurant permit,
the principal business conducted is presumed to be the sale of alcohol
beverages, but the presumption may be rebutted by competent evidence.
(6)
An underage person who enters or remains on a Class
"B" or "Class B" premises for the purpose of transacting business
at an auction or market if the person does not enter or remain in
a room where alcohol beverages are sold or furnished.[1]
(7)
An underage person who enters or remains in a room
on Class "B" or "Class B" licensed premises separate from any room
where alcohol beverages are sold or served for the purpose of engaging
in marching or drilling with a group of other persons if no alcohol
beverages are furnished or consumed by any person in the room where
the underage person is present and the presence of underage persons
is authorized under this subsection. An underage person may enter
and remain on Class "B" or "Class B" premises under this subsection
only if the municipality which issued the Class "B" or "Class B" license
adopts an ordinance permitting underage persons to enter and remain
on the premises as provided in this subsection and the law enforcement
agency responsible for enforcing the ordinance issues to the Class
"B" or "Class B" licensee a written authorization permitting underage
persons to be present under this subsection on the date specified
in the authorization. Before issuing the authorization, the law enforcement
agency shall make a determination that the presence of underage persons
on the licensed premises will not endanger their health, welfare or
safety or that of other members of the community. The licensee shall
obtain a separate authorization for each date on which underage persons
will be present on the premises.
A.
Any underage person who does any of the following
is guilty of a violation:
B.
Any underage person not accompanied by his or her
parent, guardian or spouse who has attained the legal drinking age
who knowingly possesses or consumes fermented malt beverages is guilty
of a violation.
C.
(1)
For a first violation, a forfeiture of not more than $50, suspension of the person's operating privilege as provided under § 343.30(6)(b)1, Wis. Stats., participation in a supervised work program under Subsection D or any combination of these penalties.
(2)
For a violation committed within 12 months of a previous violation, either a forfeiture of not more than $100, suspension of the person's operating privilege as provided under § 343.30(6)(b)2, Wis. Stats., participation in a supervised work program under Subsection D or any combination of these penalties.
(3)
For a violation committed within 12 months of two or more previous violations, either a forfeiture of not more than $150, revocation of the person's operating privilege under § 343.30(6)(b)3, Wis. Stats., participation in a supervised work program under Subsection D or any combination of these penalties.
D.
Supervised work program.
(1)
If the court orders a person to participate in a supervised work program under Subsection C, the court shall set standards for the program within the budgetary limits established by the County Board. The program may provide the person with reasonable compensation reflecting the market value of the work performed or it may consist of uncompensated community service work and shall be administered by the County Department of Public Welfare or a community agency approved by the court.
(2)
The supervised work program shall be of a constructive
nature designed to promote the person's rehabilitation, shall be appropriate
to the person's age level and physical ability and shall be combined
with counseling from an agency staff member or other qualified person.
The program may not conflict with the person's regular attendance
at school. The amount of work required shall be reasonably related
to the seriousness of the person's offense.
E.
When a court revokes or suspends a person's operating privilege under Subsection C, the Department of Transportation may not disclose information concerning or relating to the revocation or suspension to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency or the person whose operating privilege is revoked or suspended. A person entitled to receive information under this subsection may not disclose the information to any other person or agency.
F.
A person who is under 17 years of age on the date
of disposition is subject to § 938.344, Wis. Stats., unless
proceedings have been instituted against the person in a court of
civil or criminal jurisdiction after dismissal of the citation under
§ 938.344(3), Wis. Stats.[1]
A.
Defenses. Proof of the following facts by a seller
of alcohol beverages to an underage person is a defense to any prosecution
for a violation of this article:
(1)
That the purchaser falsely represented in writing
and supported with other documentary proof that he or she had attained
the legal drinking age.
(2)
That the appearance of the purchaser was such that
an ordinary and prudent person would believe that the purchaser had
attained the legal drinking age.
(3)
That the sale was made in good faith and in reliance
on the written representation and appearance of the purchaser in the
belief that the purchaser had attained the legal drinking age.
B.
Book kept by licensees and permittees. Every retail
alcohol beverage licensee or permittee shall cause a book to be kept
for the purpose of this section. The licensee or permittee or his
or her employee shall require any person who has shown documentary
proof that he or she has attained the legal drinking age to sign the
book if the person's age is in question. The book shall show the date
of the purchase of the alcohol beverages, the identification used
in making the purchase, the address of the purchaser and the purchaser's
signature.
A.
Any person who has attained the legal drinking age
who makes, alters or duplicates an official identification card may
be fined not less than $50 nor more than $500 and, on default of payment
of such forfeiture, shall be imprisoned until such forfeiture is paid,
but not to exceed 30 days.[1]
B.
Any person who has attained the legal drinking age
who, in applying for an identification card, presents false information
to the issuing officer may be fined not less than $50 nor more than
$100 and, on default of payment of such forfeiture, shall be imprisoned
until such forfeiture is paid, but not to exceed 10 days.[2]
C.
Any underage person who does any of the following is subject to the penalties specified under § 254-25C or D:
(1)
Intentionally carries an official identification card
not legally issued to him or her, an official identification card
obtained under false pretenses or an official identification card
which has been altered or duplicated to convey false information.
A law enforcement officer shall confiscate any card that violates
this subsection.
(2)
Makes, alters or duplicates an official identification
card.
(3)
Presents false information to an issuing officer in
applying for an official identification card.
A.
MOTOR VEHICLE
SCHOOL
SCHOOL ADMINISTRATOR
SCHOOL PREMISES
As used in this section, the following terms shall
have the meaning indicated:
A motor vehicle owned, rented or consigned to a school.
A public, parochial or private school which provides an educational
program for one or more grades between grades one and 12 and which
is commonly known as an elementary school, middle school, junior high
school, senior high school or high school.
The person designated by the governing body of a school as
ultimately responsible for the ordinary operations of a school.
Premises owned, rented or under the control of a school.
C.
Alcohol beverages may be possessed or consumed on
school premises, in motor vehicles or by participants in school-sponsored
activities if specifically permitted in writing by the school administrator
consistent with applicable laws and ordinances.
A.
No adult may knowingly permit or fail to take action
to prevent the illegal consumption of alcohol beverages by an underage
person on premises owned by the person or under the person's control.
This subsection does not apply to alcohol beverages used exclusively
as part of a religious service.
C.
A person who violates this section is subject to a
forfeiture of not more than $200.
Any licensee, permittee or bartender of a retail
alcohol beverage establishment covered by a license or permit issued
by the Village who permits an entertainer or an employee to solicit
a drink of any alcohol beverage defined in § 125.02(1),
Wis. Stats., or any other drink from a customer on the premises or
any entertainer or employee who solicits such drinks from any customer
is deemed in violation of this section.
No person shall sell, serve, dispense or give
away any intoxicated liquor or fermented malt beverage if that person
is intoxicated as defined by the Wisconsin Statutes.
