[Adopted 11-13-1967 as Secs. 16.01 and 16.02 of the 1967 Code]
[Amended 5-21-1992; 8-28-2017]
Wis. Stats. Ch. 125, and as from time to time amended, is hereby
adopted by reference and incorporated into this Code as if fully set
forth herein.
[Amended 9-23-1991; 5-21-1992; 12-21-1998; 12-18-2000; 12-23-2002; 4-11-2005; 8-28-2017]
A. The Village Clerk is hereby authorized to issue temporary Class "B"
licenses.
B. The Village Clerk is hereby authorized to issue temporary "Class
B" licenses.
C. The fee for a temporary Class "B" or "Class B" license shall be $10,
except that if both licenses are issued for the same event then the
total fee charged shall be $10.
[Amended 5-12-1992; 8-28-2017]
A. Operators' licenses that are not provisional or temporary shall be
valid for one year, except that such licenses shall expire on June
30.
B. The fee for an operator's license or temporary operator's license
shall be as posted in the Village's fee schedule.
[Amended 1-8-2018]
C. The Village
Board hereby designates and authorizes the Clerk to issue operators'
licenses.
[Added 7-27-2020]
[Added 12-9-1996]
No "Class A" or "Class B" intoxicating liquor license shall
be issued or reissued unless at the time of application the applicant
has a building on the premises for the purposes of utilizing the license.
Said building shall comply with all federal, state, Marathon County
and Village of Rothschild laws, regulations and ordinances. If the
building where alcoholic beverages is destroyed, the license shall
remain valid until the expiration of the license term and, in addition,
the person issued the license shall have 60 days after expiration
to complete construction of a new building for reissuance of a new
license. The Village Board, at its option, may waive the construction
completion requirement if the Village Board receives from the applicant
written plans or written contracts with a signed sworn statement from
the applicant that construction of a building for retail alcohol sale
will be completed for actual business operations and in conformity
with state and Village laws, regulations and ordinances within 90
days after the submittal of the application.
[Added 9-23-1991; amended 8-28-2017]
A. The Village Clerk shall issue provisional alcohol operator licenses
and provisional retail alcohol licenses pursuant to §§ 125.17(5)
& 125.185, Wis. Stats. The fee for such licenses shall be $15.
B. An applicant shall receive a provisional operator's license upon
evidence that the applicant has met all requirements for a standard
operator's license except for having yet taken a responsible beverage
server training course or equivalent.
C. A provisional operator's license expires 60 days after its issuance
or when a regular operator's license is issued to the holder of such
license, whichever occurs first.
D. An applicant shall receive a provisional retail license upon evidence
that the applicant has met all requirements for a standard retail
license except for not meeting one or both of the following: the fifteen-day
waiting period prior to the granting of such license pursuant to § 125.04(3)(f),
Wis. Stats.; publication prior to the granting of such license pursuant
to § 125.04(3)(g), Wis. Stats.
[Amended 1-8-2018]
E. A provisional retail license expires 60 days after its issuance or
when a regular retail license is issued to the holder of such license,
whichever occurs first.
[Amended 5-21-1992; 8-28-2017]
A. In the alternative to the penalties provided for in Wis. Stats. Ch. 125, and in the case of any provision of this article that does not also appear in Wis. Stats. Ch. 125, any person violating this article shall be subject to §
1-2 of this Code.
B. In addition to or in lieu of a forfeiture, any license issued pursuant
to this article shall be subject to proceedings for nonrenewal, suspension
or revocation pursuant to § 125.12, Wis. Stats.
The Village Board intends to discourage underage possession
and consumption of alcohol, even if done within the confines of a
private residence, and intends to hold persons civilly responsible
who host events or gatherings where persons under 21 years of age
possess or consume alcohol, regardless of whether the person hosting
the event or gathering supplied the alcohol. The Village Board finds
that:
A. Events and gatherings held on private or public property where alcohol
is possessed or consumed by persons under the age of 21 are harmful
to those persons and constitute a potential threat to public health
requiring prevention or abatement.
B. Prohibiting underage consumption acts to protect underage persons,
as well as the general public, from injuries related to alcohol consumption,
such as alcohol overdose or alcohol-related traffic collisions.
C. Alcohol is an addictive drug which, if used irresponsibly, could
have drastic effects on those who use it as well as those who are
affected by the actions of an irresponsible user.
D. Often, events or gatherings involving underage possession and consumption
occur outside the presence of parents. However, there are times when
the parent(s) is/are present and condone(s) the activity and, in some
circumstances, provide(s) the alcohol.
E. A deterrent effect will be created by holding a person responsible
for hosting an event or gathering where underage possession or consumption
occurs.
For purposes of this article, the following terms have the following
meanings:
ADULT
A person who has obtained the age of 17 years or older.
ALCOHOL
Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,
whiskey, rum, brandy, gin or any other distilled spirits, including
dilutions and mixtures thereof, from whatever source or by whatever
process produced.
ALCOHOL BEVERAGE
Alcohol, spirits, liquor, wine, beer and every liquid or
solid containing alcohol, spirits, wine or beer and which contains
1/2 of 1% or more of alcohol by volume and which is fit for beverage
purposes either alone or when diluted, mixed or combined with other
substances.
CONTROL
The power to direct, manage, oversee, supervise, organize,
or conduct, and shall also mean hosting, allowing or permitting, or
sponsoring. A person need not be present on the premises to be in
control.
EVENT or GATHERING
Any group of three or more persons who have assembled or
gathered together for a social occasion or other activity.
HOST or ALLOW
To aid, conduct, entertain, organize, supervise, control
or permit a gathering or event.
IN CONTROL
The power to direct, manage, oversee and/or restrict the
affairs, business or assets of a person or entity.
KNOWINGLY PERMIT
There must be evidence or a reasonable inference from evidence
that the person knew or should have known that consumption of alcohol
would occur.
PARENT
Any person having legal custody of a juvenile:
A.
As a natural or adoptive parent or stepparent;
C.
As a person to whom legal custody has been given by order of
the court.
PREMISES
Shall have the meaning under § 125.02(14m), Wis.
Stats., and shall also include all public or private property, regardless
of whether said property is described in a license or permit.
PRESENT
Being at hand or in attendance.
RESIDENCE, PREMISES or PUBLIC OR PRIVATE PROPERTY
Any home, yard, farm, field, land, apartment, condominium,
hotel or motel room or other dwelling unit, or a hall or meeting room,
park or any other place of assembly, whether occupied on a temporary
or permanent basis, whether occupied as a dwelling or specifically
for a party or other social function, and whether owned, leased, rented
or used with or without permission or compensation.
It is unlawful for any person(s) to host or allow an event or
gathering at any residence or premises or on any other private or
public property where alcohol or alcoholic beverages are present when
the person knowingly permits consumption of any alcohol or alcoholic
beverage, or possess any alcohol or alcoholic beverage with the intent
to consume it, and the person fails to take reasonable steps to prevent
possession or consumption by the underage person(s).
A. A person is responsible for violating this section if the person
intentionally aids, advises, hires, counsels or conspires with or
otherwise procures another to commit the prohibited act.
B. A person who hosts an event or gathering does not have to be present
at the event or gathering to be responsible.
C. No adult may knowingly permit or fail to take action to prevent the
illegal consumption of alcoholic beverages by an underage person on
premises owned by the adult or under the adult's control.
This article does not apply to:
A. Conduct solely between an underage person and his or her parents
while the parent is present and in control of the underage person.
B. Legally protected religious observances.
C. Situations where underage persons are lawfully in possession of alcohol
or alcoholic beverages during the course and scope of employment.
A person who violates any provision of this article is subject
to a forfeiture of not less than $1,000 nor more than $5,000, together
with the costs of prosecution.