[Adopted as Title 7, Ch. 2, Arts. B and C, of the Benton Code of Ordinances]
A. 
Operators' licenses; Class "A," Class "B" or "Class C" premises. Except as provided under §§ 125.32(3)(b) and 125.07(3)(a)10, Wis. Stats., no premises operated under a Class "A," Class "B," or "Class C" 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. An operator's license issued in respect to a vessel under § 125.27(2), Wis. Stats., is valid outside the municipality that issues it. 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, other than the licensee, 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," Class "B," or "Class C" 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.
B. 
Use by another prohibited.
(1) 
No person may allow another to use his or her Class "A" or Class "B" license or permit to sell alcoholic beverages.
(2) 
The license or permit of a person who violates Subsection B(1) above shall be revoked.
A. 
The Village Board 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. Operators' licenses shall be operative only within the limits of the Village.
B. 
All applications are subject to an investigation by the Police Department 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 investigating authority 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 investigating authority shall recommend, in writing, to the Village Board approval or denial of the application. If the investigating authority recommends denial, the investigating authority shall provide, in writing, the reasons for such recommendation.
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.
A. 
Fee. The fee for regular or provisional operator's license shall be as prescribed in § 173-1 for the term or part thereof. There shall be no fee for a temporary operator's license.
B. 
Provisional license. The Village Clerk-Treasurer may issue provisional operators' licenses in accordance with § 125.17, 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 Chief of Police/Officer in Charge shall submit to the Village Clerk-Treasurer a report regarding the applicant's conviction history, if any. The applicant for such provisional license must present evidence to the Village Clerk-Treasurer establishing that the applicant is enrolled in an alcohol awareness training program established pursuant to § 125.17(6)(a), Wis. Stats. 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 or her successful completion of the approved program, and the applicant shall also apply for a regular operator's license. A provisional license may not be issued to any person who has been denied an operator's license by the Village Board, who has had his/her operator's license revoked or suspended within the preceding 12 months, or who previously held an operator's license and who failed to complete the alcohol awareness training program without first successfully completing the program. 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 or she discovers that the holder of the license made a false statement on the application. A provisional license shall not be renewed.
C. 
Temporary license. The Village Clerk-Treasurer may issue a temporary operator's license, provided that:
(1) 
This license may be issued only to operators employed by, or donating their services to, nonprofit corporations;
(2) 
No person may hold more than one license of this kind per year;
(3) 
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.
A. 
After the Village Board 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 give the applicant's name and address and the date of the expiration of such license.
B. 
If the application is denied by the Village Board, 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.
(1) 
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.
C. 
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.
D. 
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.
E. 
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 patroned) 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, the Village Board reserves the right to consider the severity and facts and circumstances of the offense when making the determination to grant, deny or not renew a license. Further, the Village Board reserves the right to consider the severity and facts and circumstances of the offense when making the determination to grant, deny or not renew a license. Further, the Village Board, 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.
A. 
Except as provided in Subsection B below, the Village Board 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 of Revenue or the Educational Approval Board, or unless the applicant fulfills one of the following requirements:[1]
(1) 
The person is renewing an operator's license;
(2) 
Within the past two years, the person held a Class "A," Class "B," "Class A," "Class B," or "Class C" license or permit or a manager's or operator's license;
(3) 
Within the past two years, the person has completed such a training course.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
The Village Board may issue a provisional operator's license to a person who is enrolled in a training course under Subsection A above and shall revoke that license if the applicant fails successfully to complete the course in which he or she enrolls.
C. 
The Village Board may not require that applicants for operators' licenses undergo training in addition to that under Subsection A, but may require applicants to purchase, at cost, materials that deal with relevant local subjects not covered in the course under Subsection A.
Each license issued under the provisions of this article shall be posted on the premises whenever the operator dispenses beverages or be in his possession, or the licensee shall carry a license card.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
A. 
Forfeitures for violations of §§ 125.07(1) through (5) and 125.09(2), Wis. Stats., adopted by reference in § 200-1 of the Code of the Village of Benton, 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 of the Code of the Village of Benton, except as otherwise provided in Subsection A herein, 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 the general penalty section of this Code of the Village of Benton.[1]
[1]
Editor's Note: See § 1-3.
C. 
Nothing herein shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the Wisconsin Statutes.