[HISTORY: Adopted by the Village Board of the Village of
Stratford as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-12-1988 as Title 7, Ch. 2 of the 1988 Code]
The provisions of Ch. 125, Wis. Stats., as amended, 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, except §§ 125.03, 125.10, 125.11, 125.12(4)
and (5), 125.27, 125.28, 125.29, 125.30, 125.51(5), 125.66, 125.67,
125.68, except 125.68(1), and 125.69. Any act required to be performed
or prohibited by any statute incorporated herein by reference is required
or prohibited by this article. Any future amendments, revisions or
modifications of the statutes incorporated herein are intended to
be made a part of this article in order to secure uniform statewide
regulation of alcohol beverage control.
As used in this article the terms "alcohol beverages," "intoxicating
liquor," "sell," "sold," "sale," "restaurant," "club," "retailer,"
"person," "fermented malt beverages," "wholesaler" and "operator"
shall have the meaning given them by Ch. 125, Wis. Stats.
No person, firm or corporation shall vend, sell, deal or traffic
in or have in his 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.
[Amended 8-11-2009[1]]
There shall be the following classes and denominations of licenses
which, when issued by the Village Clerk under the authority of the
Village Board after payment of the fee as set by the Village Board,
shall permit the holder to sell, deal or traffic in intoxicating liquors
or fermented malt beverages as provided in Ch. 125, Wis. Stats, and
this article:
A.
Retail "Class A" intoxicating liquor license. A retail "Class A"
intoxicating liquor license 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. A retail "Class B"
intoxicating liquor license shall permit its holder to sell, deal
and traffic in intoxicating liquors to be consumed by the glass only
on the premises so licensed and in the original package or container
in multiples not to exceed four liters at any one time to be consumed
off the premises, except that wine may be sold in the original package
or otherwise in any other quantity to be consumed off the premises.
C.
Class "A" fermented malt beverage retailer's license. A Class "A"
fermented malt beverage retailer's license 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 shall entitle the holder
thereof to possess, sell or offer for sale fermented malt beverages
either to be consumed upon the premises where sold or away from such
premises. The holder may also sell beverages containing less than
0.5% of alcohol by volume without obtaining a special license to sell
such beverages.
E.
Reserve
"Class B" liquor license. The fee for a reserve "Class B" liquor license
shall be $10,000 for the initial issuance of a reserve "Class B" license.
The annual fee for a renewal of a reserve "Class B" license is the
fee established by the Village Board for a retail "Class B" intoxicating
liquor license and a Class "B" fermented malt beverage retailer's
license.
(1)
The
Village of Stratford hereby finds that it is in the interests of the
public welfare to increase the property tax base, provide employment
opportunities, attract tourists and generally enhance the economic
and cultural climate of the community by providing additional economic
incentives for new businesses with liquor licenses.
(2)
At
the granting of any new reserve "Class B" license and payment of the
initial issuance fee of $10,000, the Village Board shall grant to
the licensee an economic development grant in the amount of $9,850.
F.
Special Class "B" fermented malt beverage picnic license.
(1)
License. A special Class "B" picnic license, 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 to bona fide clubs, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least six months before the date of application and to posts of veterans organizations. Such license is valid for dates as approved by the Village Board. Irrespective of other sections of this article, the Village Board is hereby authorized to issue a fermented malt beverage license to any local civic or any local religious or any local not-for-profit organization pursuant to this Subsection F.
(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 together with the appropriate
license fee for each day for which the license is sought. Any person
fronting for any group other than the one applied for shall, upon
conviction thereof, be subject to a forfeiture of $200 and will be
ineligible to apply for a special Class "B" license for one year.
The license shall specify the hours and dates of license validity.
The application shall be filed a minimum of 15 days prior to the meeting
of the Village Board at which the application will be considered.
Such license shall be valid for no more than five 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.
G.
"Class
C" wine license. A "Class C" wine license shall entitle the holder
thereof to sell wine by the glass or in an opened original container
for consumption on the premises where sold.
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
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 once 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 for any license, such licensee shall file
with the issuing authority a notice in writing of such change within
10 days after the occurrence thereof.
E.
License quotas. No more than the number of licenses permitted under
Ch. 125, Wis. Stats., shall be granted by the Village.[1]
[1]
Editor's Note: Original Sec. 7-2-6(f), added 12-11-1990, which
immediately followed this subsection and limited the number of "Class
A" and Class "A" licenses, was repealed 9-10-1996.
A.
Residency requirements. A retail Class "A" or retail Class "B" fermented
malt beverage or "Class A" or "Class B" intoxicating liquor license
or "Class C" wine license shall be granted only to persons who are
citizens of the United States and of Wisconsin.[1]
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.
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 the 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 a statement
of transfers of stock within 48 hours after such transfer of stock.
(3)
Any license issued to a corporation may be revoked in the manner
and under the procedure established in § 125.12, Wis. Stats.,
when more than 50% of the stock interest, legal or beneficial, in
such corporation is held by any person or persons not eligible for
a license under this article or under the state law.
F.
Separate license required for each place of sale. A separate license
shall be required for each stand, place, room or enclosure or for
each suite of rooms or enclosures which are in a direct connection
or communication where intoxicating liquor or fermented malt beverages
are kept, sold or offered for sale, and no license shall be issued
to any person, firm, partnership, corporation or association for the
purpose of possessing, selling or offering for sale any intoxicating
liquors or fermented malt beverages in any dwelling house, flat or
residential apartment.
The Village Clerk shall notify the County Health Department
of each new application, and the Health Department 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. The Health Department shall furnish
to the Village Clerk in writing, who shall forward to the Village
Board, 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 conforms to the sanitary,
safety and health requirements of the State Building Code and the
regulations of the State Department of Health Services 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.[1]
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 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.
Proceedings for such transfer shall be had in the same form and manner
as the original application. The fee for such transfer shall be as
prescribed by § 125.04(12), Wis. Stats. Whenever a license
is transferred, the Village Clerk shall forthwith notify the Wisconsin
Department of Revenue of such transfer. In the event of the sale of
a business or business premises of the licensee, the purchaser of
such business or business premises must apply to the Village for reissuance
of said license, and the Village, as the licensing authority, shall
in no way be bound to reissue said license to said subsequent purchaser.[1]
B.
Whenever the agent of a corporate holder of a license is for any
reason replaced, the licensee shall give the Village Clerk 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
of notice of disapproval of the successor agent by the Wisconsin Department
of Revenue or other peace officer of the municipality in which the
license was issued. The corporation's license shall not be in force
after receipt of such notice or after a regular or special meeting
of the Village Board until the successor agent or another qualified
agent is appointed and approved by the Village and the Wisconsin Department
of Revenue.
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," "Class B" and "Class
C" 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. Except as otherwise authorized by §§ 125.32
and 125.68, Wis. Stats., no retail Class "B" licensee shall employ
any minors, as defined in the Wisconsin Statutes, 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 alcohol beverages.
C.
Disorderly conduct prohibited. Each licensed premises shall, at all
times, be conducted in an orderly manner, and no disorderly, riotous
or indecent conduct shall be allowed at any time on any licensed premises.
D.
Licensed operator on premises. There shall be upon premises operated
under a Class "B" license, at all times, the licensee, members of
the licensee's immediate family who have attained the legal drinking
age, and/or some person who shall have an operator's license and who
shall be responsible for the acts of all persons serving as waiters,
or in any other manner, any fermented malt beverages to customers.
No person other than the licensee shall serve fermented malt beverages
in any place operated under a Class "B" 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.
E.
Health and sanitation regulations. The rules and regulations of the
State Department of Health Services governing sanitation in restaurants
shall apply to all "Class B" liquor licenses issued under this article.
No "Class B" 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," "Class B" or "Class C" 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.
Clubs. No club shall sell or give away any intoxicating liquors except
to bona fide members and guests invited by members.
H.
Gambling prohibited. No gambling or game of chance of any sort shall
be permitted in any form upon any premises licensed under this article
or the laws of the State of Wisconsin, unless authorized by the State
of Wisconsin.
I.
Credit prohibited. No retail "Class A" or "Class B" liquor or Class
"A" or Class "B" fermented malt beverage or "Class C" wine licensee
shall sell or offer for sale any alcohol beverage to any person or
persons by extending credit, except hotel credit extended to a resident
guest or a club to a bona fide member. It shall be unlawful for such
licensee or permittee to sell alcohol beverages to any person on a
passbook or store order or to receive from any person any goods, wares,
merchandise or other articles in exchange for alcohol beverages.
J.
Licensee or permittee responsible for acts of help. A violation of
this article by a duly authorized agent or employee of a licensee
or permittee under this article shall constitute a violation by the
licensee or permittee. Whenever any licensee or permittee under this
article shall violate any portion of this article, proceedings for
the suspension or revocation of the license or permit of the holder
thereof may be instituted in the manner prescribed in this article.
K.
Improper exhibitions. It shall be unlawful for any person to perform,
or for any licensee or manager or agent of the licensee to permit
any employee, entertainer or patron to engage in, any live act, demonstration,
dance or exhibition on the licensed premises which:
(1)
Exposes his or her genitals, pubic hair, buttocks, perineum, anal
region or pubic hair region;
(2)
Exposes any device, costume or covering which gives the appearance
of or simulates genitals, pubic hair, buttocks, perineum, anal region
or pubic hair region;
(3)
Exposes any portion of the female breast at or below the areola thereof;
or
(4)
Engages in or simulates sexual intercourse and/or any sexual contact,
including the touching of any portion of the female breast or the
male and/or female genitals.
Closing hours shall be established in conformance with §§ 125.32(3)
and 125.68(4), Wis. Stats., and further restricted as follows:
A.
Class "B," "Class B" and "Class C" licenses.
(1)
No premises for which a retail "Class B" liquor or Class "B" fermented
malt beverage or "Class C" wine license has been issued shall be permitted
to remain open for the sale of liquor or fermented malt beverages
or for any other purpose between the hours of 2:00 a.m. and 6:00 a.m.
Monday through Friday and 2:30 a.m. and 6:00 a.m. Saturday and Sunday.
There shall be no closing hours on January 1.
(2)
Hotels and restaurants whose principal business is the furnishing of food or lodging to patrons shall be permitted to remain open for the conduct of their regular business but shall not sell liquor or malt beverages during the closing hours of Subsection A(1) above.
(3)
The licensee or permittee and one employee shall be permitted to
check out receipts, check the licensed premises for security and do
minor cleaning during closed hours. Under no circumstances shall the
consumption of alcohol beverages be permitted after hours of closing.
Commercial janitorial service personnel shall be allowed to enter
the licensed premises for the purpose of cleaning during closed hours.
The premises shall be well lighted during cleanup. Prior approval
must be requested and granted by the Village Board for any variance
of the above exigent circumstances.
B.
Class "A" and "Class A" licenses. Class "A" or "Class A" licensed
premises may remain open for the conduct of their regular business
daily between the hours of 8:00 a.m. and 9:00 p.m.
C.
Modification of closing hours. Closing hours may be modified for
specific events by a majority vote of the Village Board.
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 of Stratford
except through the issuance of a special Class "B" fermented malt
beverage picnic license issued by the Village Board in accordance
with the Wisconsin Statutes and as set forth in this section. A special
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 § 326-20.
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 identification.
C.
Fencing. All organizations shall install a double 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
the 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 minors as defined by the Wisconsin
Statutes shall be allowed to assist in the sale of fermented malt
beverages at any point of sale, except for a person holding a valid
operator's license, 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 sale at all times.
F.
Permitted cups only. Intoxicants will be sold only in foam or plastic
cups or cans.
G.
Additional requirements. In addition, requesting organizations 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 the Village officials in locating, setting up and identifying
the size of the snow fence area. 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 Village
Board 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 special Class "B" fermented malt beverage
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 to the Village of Stratford. The applicant may be required
to furnish a performance bond prior to being granted the license.
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 permit granted by the Village Board.
The permits 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 June 30 of each year. No person shall consume
or have in his or her possession alcohol beverages on any unenclosed
part of a licensed premises which is not described in a valid beer
garden permit.
B.
Limitations on issuance of beer garden permits. No permit shall be
issued for a beer garden if any part of the beer garden is within
100 feet of a structure used for residential purposes, except residential
uses located in the same structure as the licensed premises. No permit
shall be issued for a beer garden if the beer garden area is greater
than 50% of the gross floor area of the adjoining licensed premises.
Each applicant for a beer garden permit shall accurately describe
the area intended for use as a beer garden and shall indicate the
nature of fencing or other measures intended to provide control over
the operation of the beer garden. Every beer garden shall be completely
enclosed with a fence or wall not less than six feet in height. No
amplified sound or music is permitted outside the enclosed (building)
premises. Amplified sound or music is not permitted in the beer garden.
There shall be a licensed operator within the beer garden at all times
the beer garden is in operation.
C.
Adjoining property owners to be notified of pendency of applications.
All property owners within 150 feet of the proposed beer garden shall
be notified of the pendency of the application for a beer garden permit
by first-class mail.
D.
State statutes enforced within beer garden. Every permittee under
this section shall comply with and enforce all provisions of Ch. 125,
Wis. Stats., applicable to Class "B" licensed premises, except insofar
as such provisions are clearly inapplicable. Violation of the provisions
of Ch. 125, Wis. Stats., shall be grounds for immediate revocation
of the beer garden permit 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 the 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 term of
such license, unless such license is issued for a term of less than
180 days, in which event this subsection shall not apply.
C.
License revocation or suspension.
(1)
Notice and hearing. Whenever a person holding a license to sell alcohol
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 when the licensee has not
observed and obeyed any lawful order of the Village Board or police
officers of the Village, has violated Village ordinances, or for any
other good reason, the Village Board shall issue a summons, to be
signed by the Village Clerk, commanding the licensee complained of
to appear before the Public Safety 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 Safety Committee or a designated committee shall
serve as a hearing agency for the Village Board.
(b)
The Chairperson of the Committee, or the Chairperson's designee,
shall conduct the hearing, 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 to a preponderance of
the evidence. The licensee and the complainant may be represented
by counsel, 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 shall serve as Secretary to the Committee and shall make 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 nor more than 90 days.
Following the procedure above, 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 Village Clerk. The Clerk 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 Village Clerk in writing that they have read the transcript,
exhibit and recommendation made shall be permitted to vote on the
matter. The Village Clerk 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 Village Clerk, 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 the 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 Safety Committee to hear evidence and make a recommendation to the Village Board that a license issued pursuant to this article not be renewed. The Chairperson 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 is 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 or 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 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; sale of
controlled substances on licensed premises
|
100
| |
|
2.
|
Sale of alcohol beverages to underage person
|
50
| |
|
3.
|
Sale of alcohol beverages to intoxicated person
|
50
| |
|
4.
|
Underage person on premises
|
50
| |
|
5.
|
Intoxicated bartender; disorderly conduct on premises
|
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.
|
Persons on premises after closing hours
|
25
| |
|
10.
|
Violation of carry-out hours
|
25
| |
|
11.
|
Licensee permitting person to leave licensed premises with open
alcohol beverage
|
25
| |
|
12.
|
All other violations of this article
|
25
|
(3)
Calculation of violations. In determining the accumulated demerit
points against a licensee 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 Safety 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 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.
[Amended 2-10-1998]
A.
Operator's license required.
(1)
When required. Any person 18 or older who is serving alcohol beverages
in an establishment with a Class A, B or C license must obtain an
operator's license (commonly called a "bartender's license"), unless
the person is under the immediate supervision of one of the following:
the licensee, someone with the privilege of an operator's license,
the approved agent of a corporation or limited liability company,
a person with an operator's license, or a person with a manager's
license. An operator's license is valid only in the municipality where
issued.
(2)
Qualifications. The applicant must be at least 18 years of age by
the time of issuance. The operator's license may not be issued unless
the applicant has completed a responsible beverage server training
course, except if the applicant is renewing an existing operator's
license, has completed the training course within the last two years,
or has held a retail license, manager's license or operator's license
anywhere in the state within the last two years. Village residency
is not required.
B.
Procedure upon application. An application for an operator's license
must be in writing on forms to be obtained from the Village Clerk
and must be received in the Clerk's office 15 days before the meeting
of the Village Board at which it is to be approved. The applicant
is subject to a background check to be completed by the Stratford
Police Department as provided in Purpose Code E.
[Amended 4-11-2023]
C.
Duration. Licenses issued under the provisions of this article shall
expire on the 30th day of June after issuance.
D.
Operator's license fee. The fee for the operator's license shall
be set according to the Village Fee Schedule.
[Amended 1-11-2011; 4-11-2023]
E.
Issuance. After the Village Board approves the granting of an operator's
license, the Village Clerk shall issue the license. Such licenses
shall be issued and numbered in the order they are granted and shall
give the applicant's name and address and the date of the expiration
of such license.
F.
Display of license. Each license issued under the provisions of this
article shall be posted on the premises whenever the operator dispenses
beverages.
G.
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.
H.
Provisional operator's license [§ 125.17(5), Wis. Stats.]. A provisional operator's license may be issued by the Village Clerk to any person who has applied for an operator's license under Subsections A and B above but may not be issued to any person who has been denied a license by the Village Board. The fee for such provisional license shall be set according to the Village Fee Schedule, and such license shall expire 60 days after its issuance or when a regular operator's license is issued to the holder, whichever is sooner. Such license may be revoked by the Village Clerk if it is discovered that the license holder made a false statement on the application.
[Amended 1-11-2011; 4-11-2023]
I.
Temporary license [§ 125.17(4), Wis. Stats]. Temporary
operators' licenses may be issued by the Village Board only to persons
employed by or donating their services to a nonprofit corporation.
A person is limited to two licenses in a year. The license is valid
for any period from one to 14 days and the period must be indicated
on the license. The fee is the same as the fee established for a regular
operator's license.
[Amended 4-11-2023]
A.
Forfeitures for violations of §§ 125.07(1) to (5) and 125.09(2), Wis. Stats., adopted by reference in § 326-1 of this article shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable state statute, including any variations or increases for subsequent offenses.
B.
Any person who shall violate any provision of this article, except as otherwise provided in Subsection A of this section or in other sections of this article, or who shall conduct any activity or make any sale for which a license is required without a license, shall be subject to a forfeiture as provided in § 1-5 of this Code.[1]
C.
Nothing herein shall preclude or affect the power of the sentencing
court to exercise additional authorities granted by the Wisconsin
Statutes.
[Adopted 4-12-1988 as §§ 9-5-1 and 9-5-9 of the 1988 Code]
A.
ALCOHOLIC BEVERAGE
PUBLIC AREA
UNDERAGE PERSON
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Includes all ardent, spirituous, distilled or vinous liquors,
liquids or compounds, whether medicated, proprietary, patented, or
not, and by whatever name called, as well as all liquors and liquids
made by the alcoholic fermentation of an infusion in potable water
of barley malt and hops, with or without unmalted grains or decorticated
or degerminated grains or sugar, which contain 1/2 of 1% or more of
alcohol by volume and which are fit for use for beverage purposes.
Shall be construed to mean 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.
Any person under the legal drinking age as defined by the
Wisconsin Statutes.
B.
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.
C.
Parks. No person shall consume or be in possession of any open container
containing intoxicating liquors, wine or fermented malt beverages
while in any Village park between the hours of 11:00 p.m. and 8:00
a.m., inclusive.
D.
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.
E.
Leaving licensed premises with open container.
F.
Exceptions.
(1)
The provisions of this section may be waived by the Village Board
for duly authorized events.
(2)
(3)
It shall not be unlawful for any person of legal drinking age to
have in his possession an open can, bottle or other container containing
wine, liquor or fermented malt beverages or to drink from the same
in the following areas or under the following circumstances:
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.
