The provisions of Ch. 125, Wis. Stats., defining and regulating
the sale, procurement, dispensing, consumption and transfer of alcohol
beverages, including provisions relating to persons under the legal
drinking age, are adopted and made a part of this chapter by reference.
A violation of any of such provisions shall constitute a violation
of this chapter.
The following classes and denominations of licenses may be issued
by the Town Clerk under the authority of the Town Board upon compliance
with law and payment of the fee herein specified, which, when so issued,
shall permit the holder to sell, deal or traffic in alcohol beverages
as provided in the referenced state statute.
A. Class "A" fermented malt beverage retailer's license. See § 125.25,
Wis. Stats.
B. Class "B" fermented malt beverage retailer's license. See § 125.26,
Wis. Stats.
(1) Six months. A Class "B" license may be issued at any time for six
months in any calendar year, for 3/4 of the applicable license fee.
Such license shall not be renewable during the calendar year in which
issued. See § 125.26(5), Wis. Stats.
(2) Special event (picnic). See § 125.26(6), Wis. Stats.
C. Wholesaler's fermented malt beverage license: may not exceed $25
per year or fraction thereof. See § 125.28, Wis. Stats.
D. Retail "Class A" liquor license. See § 125.51(2), Wis.
Stats.
E. Retail "Class B" liquor license. A retail "Class B" liquor license
shall permit its holder to sell liquor in original packages or containers
in multiples not to exceed four liters at any one time to be consumed
off the licensed premises. See § 125.51(3), Wis. Stats.
(1) A license may be issued after July 1 in any license year, which shall
expire on the following June 30. The fee for the license shall be
pro rated according to the number of months or fractions of months
remaining until the following June 30.
(2) The fee for such license shall be 50% of the annual license fee.
The license may not be renewed during the calendar year in which issued.
See § 125.51(9), Wis. Stats.
F. Operator's license. See § 125.17, Wis. Stats.
(1) Operator's licenses may be granted to individuals by the Town Board
for the purpose of complying with § 125.32(2), Wis. Stats.,
and § 125.68(2), Wis. Stats. The Town Board does hereby
designate the Town Clerk as the designated municipal official who
may issue operator's licenses if the application for the operator's
license does not contain information that warrants action by the Town
Board.
[Amended 12-2-2019 by Ord. No. 2019-8]
(2) Operator's licenses may be issued only on written application on
forms provided by the Clerk.
(3) Operator's licenses shall be valid for one year or two years and
shall expire on June 30 of each year.
(4) Consumption of alcohol beverages while serving alcohol beverages.
[Added 5-16-2022 by Ord. No. 2022-1]
(a) It shall be unlawful for an alcohol beverage licensee and their employees
to be intoxicated while performing any of the following services on
the licensed premises: tending bar, waiting on customers, serving/selling
alcohol beverages, providing security, or supervising employees who
are engaged in any of these activities.
(b) "Intoxicated" shall mean having a blood alcohol content of 0.08 or
more. If a law enforcement officer has probable cause that a violation
of this section has occurred, then the officer, prior to an arrest,
may request the person to provide a sample of their breath for a breathalyzer
test. Refusal to submit to a requested breathalyzer test may be considered
by the Board of Supervisors of the Town of Oconomowoc as grounds for
revocation, suspension, nonissuance, or nonrenewal of the server's
operator's license.
(c) The provisions of Wis. Stats., § 125.07(2), regarding the
sale of alcohol beverages to intoxicated persons, is hereby adopted
by reference and made an offense punishable as a violation of this
Code.
G. Provisional operator's license. See § 125.17(5), Wis. Stats.
[Added 8-5-1991]
(1) Requirements. The Town Clerk may grant a provisional operator's license
to an individual who complies with § 125.04(5), Wis. Stats.,
and has also applied for a regular operator's license and who has
not been previously denied a license under this chapter, subject to
the following restrictions:
(a)
The applicant for a provisional operator's license must furnish
an affidavit stating that he has not been an habitual law offender
or been convicted of a felony, unless pardoned.
(b)
A written statement must be provided by a sponsor for the applicant
who must have an alcohol license issued under Ch. 125, Wis. Stats.,
stating the length of time the sponsor has known the applicant, that
the applicant has a place of employment and that the sponsor shall
reimburse the Town for any expenses incurred by the Town in revoking
the applicant's provisional operator's license.
(c)
Evidence that the applicant has either completed or enrolled
in a training course required by § 125.17(6), Wis. Stats.,
must be submitted. In the event the applicant fails to successfully
complete such course, the provisional operator's license shall be
revoked.
(2) Restrictions.
(a)
No provisional operator's license may be issued to a person
who has been denied an operator's license by the Town Board.
(b)
The provisional operator is limited to working for the sponsor
unless and until a regular operator's license is issued by the Town
Board.
(c)
The applicant for a provisional operator's license shall be
fingerprinted prior to the issuance of the license.
(d)
The provisional operator's license shall expire 60 days after
its issuance or when a regular operator's license is issued, whichever
is sooner.
(e)
The Town Clerk may revoke the provisional operator's license
if it is discovered that the licensee of the provisional license made
a false statement on the application.
All licenses shall be numbered in the order in which they are
issued and shall state clearly the specific premises for which granted,
the date of issuance, the fee paid and the name of the licensee and,
unless sooner revoked, shall expire on June 30 thereafter except as
otherwise provided by law. The Clerk shall affix her affidavit as
required by § 125.04(4), Wis. Stats.
Every license or permit required under this chapter shall be
framed and posted and at all times displayed as provided in § 125.04(10),
Wis. Stats. No person shall post such license or permit any other
person to post it upon premises other than those mentioned in the
application, or knowingly deface or destroy such license.
No premises for which an alcohol beverage license has been issued
shall remain open for the sale of alcohol beverages:
A. If a wholesale license, between 5:00 p.m. and 8:00 a.m., except on
Saturday when the closing hour shall be 9:00 p.m.
B. If a retail Class "A" license, between 9:00 p.m. and 6:00 a.m.
[Amended 10-15-2012 by Ord. No. 2012-4]
C. If a retail Class B license, between 2:00 a.m. and 6:00 a.m. on weekdays
and between 2:30 a.m. and 6:00 a.m. on Saturdays and Sundays. On January
1, premises operating under a Class B license are not required to
close. No package, container or bottle sales shall be made after 12:00
midnight.
[Amended 1-23-1988]
D. Hotels and restaurants whose principal business is the furnishing
of food or lodging to patrons, bowling alleys and golf courses may
remain open for the conduct of their regular business, but no intoxicating
liquors or fermented malt beverages shall be sold during prohibited
hours.
[Amended 6-20-2011 by Ord. No. 2011-2]
A. Procedure.
(1) Except as otherwise provided herein, the provisions of § 125.12,
Wis. Stats., shall be applicable to proceedings for the revocation,
suspension or nonrenewal of all intoxicating liquor or fermented malt
beverage licenses or permits granted under this chapter. Revocation
or suspension proceedings may be instituted as set forth below. The
Town's policy and procedure for disciplinary actions relative to all
retail intoxicating liquor and/or fermented malt beverage licenses,
operator's licenses, agents, and other licenses and permits authorized
in connection with the sale, distribution and possession of intoxicating
liquor and/or fermented malt beverages shall be as set forth herein.
(2) A license review committee is created, which shall be referred to
herein as the "Review Committee." The Review Committee shall be composed
of three members, including the Town Administrator, the Clerk/Treasurer,
and a Town resident to be appointed by the Town Chairman. A fourth
member, who shall also be a Town resident, shall also be appointed
by the Town Chairman, who shall serve as an alternate member in case
any of the three members is unavailable in any case. Both appointees
shall serve for a term of three years.
B. License investigations. Any of the following may initiate requests
for investigations before the Review Committee which may result in
orders, suspensions, nonrenewals or delay in license issuance or revocation:
Town Board Chairman, any Supervisor, the Police Chief, the Town Attorney,
the State of Wisconsin acting through any state agency, or any Town
resident by written complaint pursuant to § 125.12, Wis.
Stats.
C. Requests for investigations. Requests for investigations shall be
in writing, addressed to the Clerk/Treasurer, and shall contain a
brief statement of the alleged misconduct. The Clerk/Treasurer shall
promptly forward the request to the Review Committee for consideration.
The Clerk/Treasurer shall issue a summons requiring the licensee to
attend the hearing at which the matter will be considered. Documents
which form a basis for a request for an investigation shall be available
for the inspection of the licensee.
(1) The Review Committee shall comply with the procedural requirements
of § 125.12, Wis. Stats., and may consider any evidence
or argument presented or made before it, whether or not obtained in
or related to the written request for an investigation.
(2) The Review Committee, on requesting and receiving any opinion or
recommendation from the Town Attorney's office as it considers appropriate,
may take any of the following actions:
(b)
Suspension, revocation or nonrenewal of the license, following statutory notice and opportunity to be heard, where the criteria for such action in Subsection
D of this section are met;
(c)
The issuance and service on the licensee of an order requiring
that certain action be taken as a condition of maintaining such license
and providing notice that revocation may be the penalty for failure
to strictly comply with such order; or
(d)
Transfer of the license to the owner of the licensed premises
in accordance with applicable law, where the licensee leases or holds
the licensed premises under a land contract or other seller-financed
sale transaction.
(3) The Clerk/Treasurer shall have the obligation of notifying the licensee
of any further proceedings before the Review Committee.
D. Criteria for license revocation, nonrenewal or suspension. A point
system is hereby established to guide the Review Committee considering
the issuance, suspension, revocation, nonrenewal and transfer of alcoholic
beverage licenses. The number of demerit points is assigned according
to the type of violation. This system is intended to identify habitually
troublesome liquor licensees who repeatedly violate state statutes
and/or Town of Oconomowoc ordinances and to take consistent action
against such licensees. The following demerit points are assigned
for each type of violation:
|
Violation
|
Number of Demerit Points Assigned
|
---|
|
Refusal to allow police to search premises or resisting or obstructing
an officer, pursuant to § 139.08, Wis. Stats.
|
150
|
|
Hindrance or obstruction of the Fire Chief or his designee
|
150
|
|
Conducting unlawful business, pursuant to the zoning requirements
contained in the zoning ordinance of the Town
|
150
|
|
Violation of nude dancing restrictions
|
150
|
|
Sale of controlled substances by a licensee or the licensee's
employee, pursuant to § 961.41(3g), Wis. Stats.
|
150
|
|
Possession of illegal drug paraphernalia by a licensee or the
licensee's employee, pursuant to Ch. 961, Wis. Stats.
|
150
|
|
Exceeding the posted occupancy capacity on the premises
|
80
|
|
Sale to any person under the age of 21 years on the premises, pursuant to § 166-1 of this chapter
|
80
|
|
Sale to an intoxicated person, pursuant to § 166-1 of this chapter adopting § 125.07(2), Wis. Stats., by reference
|
80
|
|
Submission of a false statement on a license application
|
70
|
|
Failure to maintain order, fights, or disorderly conduct occurring in a licensed establishment where the Police Department is not notified by the licensee or an employee of the licensee, pursuant to § 166-9 of this chapter
|
45
|
|
Failure to maintain order, fights, or disorderly conduct occurring in a licensed establishment where the Police Department is notified by the licensee or an employee of the licensee, pursuant to § 166-9 of this code
|
10
|
|
Excessive noise coming form a licensed business, pursuant to § 166-9E of this chapter
|
45
|
|
Licensee or licensee's employee permitting the public consumption
of alcoholic beverages off the licensed premises
|
45
|
|
Operation of a licensed business after hours, pursuant to § 166-10C of this chapter
|
40
|
|
Failure to maintain a licensed operator on the licensed premises
|
40
|
|
Possession or operation of unlicensed amusement devices on the licensed premises, pursuant to Chapter 96, Amusement Devices and Arcades, of this Code
|
30
|
|
After-hour carry-outs, pursuant to § 166-10 of this chapter
|
30
|
|
Failure to properly display licenses, pursuant to § 166-8 of this chapter
|
25
|
|
Violation of the Waukesha County Health Code, pursuant to § 166-9D of this chapter, where that violation does not endanger the safety and health of the public
|
25
|
|
Critical violation of the Waukesha County Health Code, pursuant to § 166-9D of this chapter, where that violation endangers the safety and health of the public
|
80
|
E. Penalty enhancement for severe offenses. The Review Committee may
assign additional demerit points, not to exceed a maximum of 150,
as a penalty enhancement where the conduct:
(1) Results in bodily harm to any individual;
(2) Creates a substantial risk of death or serious bodily harm;
(3) Involves the use of a firearm or other dangerous weapon; or
(4) Demonstrates an ongoing disregard for the requirements of state or
municipal ordinances.
F. Calculating violations. In determining the accumulated demerit points,
the date of the violation is used as the basis for assigning demerit
points per incident. A conviction for a violation is not necessary
to assign points.
G. Suspension and revocation of license.
(1) The Police Department shall notify the Review Committee of any convictions
which result in the assessment of demerit points against any licensee.
Following this notification or the filing of a complaint pursuant
to § 125.12, Wis. Stats., the committee may hold a hearing
if required by § 125.12, Wis. Stats., or this chapter and
may take the following action after first determining the number of
demerit points to be assessed against the licensee:
(a)
For demerit points totaling 25 to 149 within a twelve-month
period, a warning to the licensee of the consequences of additional
violations.
(b)
For demerit points totaling 150 to 199 within a twelve-month
period, suspension of the license for a period of not less than 10
days nor more than 90 days.
(c)
For demerit points totaling 200 or more within an eighteen-month
period, revocation of the license. Whenever any license is revoked,
at least six months from the time of such revocation shall elapse
before another license shall be granted for the same premises, and
12 months shall elapse before any other license shall be granted to
the person whose licensed was revoked.
(2) The Review Committee shall take such action, absent compelling mitigation
factors. If the Review Committee shall determine that such factors
exist, it shall refer the matter to the Town Attorney for recommendation
regarding a probationary period of continuation for the license holder.
The Town Attorney, after consultation with the Police Department and
such other person the Town Attorney deems appropriate, may recommend
probationary provisions to the Review Committee, which shall be deemed
sufficient to ensure future compliance with state statutes and this
chapter. Pending such recommendation and further action by the Review
Committee, the license shall be suspended unless the Review Committee
shall determine such suspension would result in extreme and undue
hardship.
H. Scope. Nothing in this chapter shall be construed to conflict with,
abridge or modify the rights or procedures established for revocation
or suspension of licenses in § 125.12, Wis. Stats. Notwithstanding
the requirements of this chapter, the Review Committee may require
the appearance before it of any licensee at any time.
I. Transfer or sale of licensed business.
(1) On the transfer or sale of a licensed business, all accumulated demerit
points shall be canceled unless any of the following applies:
(a)
The new licensee is related to the former licensee by blood,
adoption or marriage.
(b)
The new licensee held a business interest in the previous licensed
business, real estate or equipment.
(c)
The former licensee retains an interest in the business, real
estate or equipment used by the business.
(d)
The new licensee's acquisition of the business did not involve
an arm's length transaction consisting of an open market sale in which
the owner is willing, but not obligated to sell, and the buyer is
willing, but not obligated to buy.
(2) If any of the above applies, the new licensee shall inherit the demerit
points previously assessed and be subject to the penalties set forth
in this chapter.
J. Effect of criminal charge dismissed without trial. A dismissal without
trial of a criminal charge or civil forfeiture case on a violation
which is also the subject of demerit points shall not, as a matter
of law, nullify such charge for the purpose of review herein due to
the differing burdens of proof and procedural requirements.
K. Delay in license issuance. Any person or party who performs a licensed
activity without first having obtained a proper license, or who, during
a period of license suspension, or who, after license revocation or
nonrenewal, unlawfully engages in a licensed activity, shall be barred
from applying for the required license for a period of six months
from the date of such offense.
L. Time for action. Disciplinary action need not be commenced and completed
in the same license year as the offense occurred. Where disciplinary
actions are not commenced and completed within a license term, a license
shall be granted subject to a "nonrenewal revocation hearing" to be
held as soon as is practical.
M. Disciplinary hearings. Disciplinary hearings, including nonrenewal,
suspension and revocation hearings, shall be held before the Review
Committee, including findings of fact and a recommendation as to what
action, if any, the Review Committee should take with respect to the
license. The Review Committee shall provide the complainant, licensee
and Town Board with a copy of the report. Either the complainant or
licensee may make an objection, orally or in writing, to the report
and shall have the opportunity to present arguments supporting the
objection to the Review Committee. The Review Committee shall determine
whether the arguments shall be presented orally or in writing, or
both. If the Review Committee, after considering any arguments presented
by the complainant and licensee, finds the complaint to be true, or
if there is no objection to a report recommending a suspension, revocation
or nonrenewal, the license shall be suspended, revoked or not renewed
as provided by law. If the Review Committee finds the complaint untrue,
the proceedings shall be dismissed without cost to the licensee. The
Clerk/Treasurer shall give notice of each suspension, revocation or
nonrenewal to the party whose license is affected.
N. Judgment of conviction as prima facie proof of violation. The judgment
of conviction of any licensee, or employee or agent thereof, in any
municipal, state or federal court, irrespective of whether obtained
following a plea agreement or bond forfeiture, shall be prima facie
proof of such violation for purposes of this chapter. However, in
the instance of any judgment of conviction entered pursuant to a no
contest plea or considered in law to be rendered pursuant to a no
contest plea, such judgment of conviction as a prima facie case may
be rebutted. Further, mitigating circumstances may be introduced with
respect to any judgment of conviction.
O. Application for determination of demerit points. Any licensee or
party entitled to initiate a request for an investigation under this
chapter may at any time request the Review Committee to determine
whether or not conduct which has occurred constitutes a basis for
demerit points and a report of outstanding demerit points. Any licensee
may appeal imposition of demerit points by written application for
hearing to the Town Board. Hearings concerning such appeals shall
be conducted as provided in § 125.12, Wis. Stats., and this
chapter.
P. Violations by agents or employees. A violation of this chapter by
an authorized agent or employee of a licensee acting in the course
of his or her employment shall constitute a violation by the licensee.
The licensee shall be notified of such violation by copy of the citation
or other written notice personally served or mailed to the licensee
at the licensed premises.
Q. Commencement of penalties. Penalties shall commence the day after
they have been imposed by the Town Board. Days of suspension shall
run consecutively.
R. Periodic reports by the Police Chief. The Police Chief shall file
periodic reports with the Clerk/Treasurer of conduct by any licensee,
or employees thereof, which may constitute a basis for demerit points.
The Clerk/Treasurer shall provide each licensee with a summary of
demerit points affecting the license annually at the time an application
for renewal is received, or on request. The Review Committee, at license
renewal time or at any earlier time deemed appropriate, may bring
such matters to the attention of the Town Attorney and make a request
for a recommendation on disciplinary action.
S. Repossession of license or permit. Whenever any license or permit
under this chapter shall be revoked or suspended by the Review Committee
or Town Board, the Clerk/Treasurer shall notify the licensee of such
suspension or revocation and shall notify the Chief of Police, who
shall take physical possession of the license or permit wherever it
may be found and file it in the Clerk/Treasurer's office.
Before renewal of any license issued under this chapter is refused,
the licensee shall be given written notice of any charges or violations
or the reasons proposed for nonrenewal and a copy of any proposed
motion for nonrenewal and shall have an opportunity to be heard before
the Town Board.
A violation of this chapter by an authorized agent or employee
of a licensee shall constitute a violation by the licensee.