[Adopted 2-14-1983 by Ord. No. 231]
[Amended 8-14-1995 by Ord. No. 327]
The provisions of Chapter 125 of the Wisconsin Statutes and the definitions therein are herein adopted by reference. Any future amendments, revisions or modifications of the statutes incorporated herein by reference are intended to be made part of this article.
Any forfeiture for violation of the State statutes adopted by reference in § 260-11 of this article shall conform to the forfeiture permitted to be imposed for violation of such statutes as set forth in the Uniform Deposit and Misdemeanor Bail Schedule, of the Wisconsin Judicial Conference, including any variations or increases for subsequent offenses. Said schedule is hereby adopted by reference.
In addition to the forfeitures as set forth in § 260-12 above, defendant shall be liable, through the court, to the City of Hayward for costs of prosecution, including attorney fees incurred, except where strict conformance of this article with state statute would preclude court assessing same against defendant.
Pursuant to § 938.17(2)(a), Wis. Stats., citation procedures as set forth in §§ 66.0113 and 778.25, Wis. Stats., may be used for the issuance of one or more citations under the terms of this article. If a citation is issued to a child, the issuing agency shall, within seven days notify the child's parents or guardian. A copy of a citation issued under § 778.25, Wis. Stats., to a child who is 14 or 15 years of age, for a violation of Chapter 125, shall be sent to an intake worker, under § 48.24, Wis. Stats. If a court of civil jurisdiction finds that a child violated a law punishable by forfeiture, or violated a municipal ordinance, it shall enter a dispositional order under § 938.344, Wis. Stats., if applicable, or if not, it may enter any of the dispositional orders permitted under § 938.343(1), (2) or (5), Wis. Stats.
A. 
The license fees to be charged by the City of Hayward for the issuance of licenses pursuant to Chapter 125 of the Wisconsin Statutes, shall be the maximum fees as allowed therein. In addition thereto, operator's licenses as required under § 125.17, Wis. Stats., shall be set by resolution adopted by a majority vote of the Common Council of the City of Hayward.
[Amended 3-28-1983 by Ord. No. 233; 8-14-1995 by Ord. No. 327]
B. 
Pursuant to § 125.25(4), Wis. Stats., the license fee for Class "A" fermented malt beverage licenses shall be set by resolution adopted by a majority vote of the Common Council of the City of Hayward.
[Added 5-9-1983 by Ord. No. 236; amended 8-14-1995 by Ord. No. 327]
[Added 5-23-1983 by Ord. No. 237]
A. 
The City of Hayward shall issue "Class B" fermented malt beverage licenses for use on premises where at least 50% of the gross revenue are obtained from the operation of said premises as a restaurant, or a premises is in use by a business which qualifies as a tax-exempt organization, in which food is a significant portion of its gross revenue or to a person operating a hotel solely for the purpose of furnishing registered guests of the hotel, who have attained the legal drinking age, with a selection of beer in the guests' room which is not part of the Class "B" premises.
[Amended 4-8-1996 by Ord. No. 332; 12-10-2001 by Ord. No. 410]
B. 
Each applicant applying for a Class "B" fermented malt beverage license, by making such application with the City of Hayward, consents to an audit for the purpose of determining whether or not said applicant meets the criteria of Subsection A of this section, set forth above. Failure to furnish any and all information to the City of Hayward for review of said criteria shall constitute a basis for suspension of and/or revocation of or denial of said license.
C. 
Exceptions. This section shall not apply to any Class "B" fermented malt beverage license where the same is issued in combination with a Class "B" intoxicating liquor license.
D. 
Effective July 17, 2002, all "Class B" license holders shall not sell any package goods (off sale) after 9:00 p.m., and any package goods (off sale) shall be purchased and removed from the licensed premises by 9:00 p.m.
[Added 7-8-2002 by Ord. No. 417]
[Added 2-12-2001 by Ord. No. 402]
A. 
Effective immediately, Class "A" fermented malt beverage licenses and "Class A" intoxicating liquor licenses are allowed within the City of Hayward, subject to the following conditions:
(1) 
Licensed premises for a Class "A" fermented malt beverage license must have a total retail area equal to, or greater than, 1,200 square feet.
(2) 
No "Class A" intoxicating liquor license shall be issued to any premises which sells gasoline, or in which that area of the licensed premises for the sale, display and storage of intoxicating liquors is less than 1,200 square feet.
(3) 
All "Class A" licensed premises must have a separate entrance which is able to be locked off from any other retail area. The licensed premises must have a separate checkout from any other retail area.
[Added 7-8-2002 by Ord. No. 417]
(4) 
During nonsale hours, all holders of a Class "A" license must lock or cover the fermented malt beverages from all other items offered for sale.
[Added 7-8-2002 by Ord. No. 417]
B. 
The fee for a Class "A" fermented malt beverage license shall be $100 per year.
C. 
The fee set may be amended by a resolution adopted by a majority vote of the Common Council of the City of Hayward.[1]
[1]
Editor's Note: Former Section 7, which limited the number of Class "B" fermented malt beverage licenses issued, as amended 4-11-1983 by Ord. No. 234, which previously followed this section, was repealed 5-9-1983 by Ord. No. 235.
Excepting as set forth in § 260-20 below, it shall be unlawful for any person to sell or serve or offer to sell or serve any intoxicating liquor or malt beverages upon any public street, public alley, public parking lot, public beach or other public owned property within the City of Hayward.
Excepting as set forth in § 260-20 below, it shall be unlawful to consume any intoxicating liquor or fermented malt beverage upon any public street, public alley, public parking lot, public beach, or other public owned property within the City of Hayward.
[Amended 7-17-1997 by Ord. No. 352; 7-8-2002 by Ord. No. 417; 6-16-2008 by Ord. No. 482]
A. 
For specific occasions, the Common Council of the City of Hayward is hereby authorized to issue special licenses in conformance with state statutes to license specific events for the sale of fermented malt beverages. Applications for said special license shall be on a form prescribed by the City of Hayward and State of Wisconsin, and in addition thereto, said form shall specify the exact boundaries and location of the area to be so licensed and further, said application shall list the person responsible for compliance with state and local laws. Said person so listed shall be a bartender licensed within the City of Hayward. Sufficient signs shall be posted to adequately define the area so licensed and all areas outside of said defined area shall be subject to §§ 260-18 and 260-19 of this article. All dispensing of fermented malt beverages under this section of the article shall be either in paper cups or plastic cups, with the exception that fermented malt beverages may be dispensed from cans if the area to be licensed is the private property of the applicant.
B. 
Public consumption of fermented malt beverages may be allowed on a case-by-case basis as designated by the Common Council of the City of Hayward.
[Added 5-9-1983 by Ord. No. 235]
Effective July 1, 1983, there shall be no off sale of fermented malt beverages within the City of Hayward, except for off sale as allowed by Class "A" license and/or by Class "B" combination intoxicating liquor and fermented malt beverages licenses
[Added 6-13-1983 by Ord. No. 239]
A. 
Applicants for Class "A," Class "B," or other licenses that may be authorized by the State of Wisconsin in the future, operators and managers licenses, shall be certified as having successfully completed the City of Hayward approved Alcohol Awareness Training Program, as provided herein, before issuance of any such license. The City Clerk/Treasurer for the City of Hayward shall provide enrollment forms for the applicants. Applicants shall pay a tuition fee in an amount not to exceed $10.
B. 
Effective July 1, 1983, no such new license shall be issued unless the applicant has successfully completed the Alcohol Awareness Training Program specified above. If no such program is scheduled, qualified applicants shall be issued the license applied for, with the stipulation that said applicant attend the first program scheduled. Failure to comply shall automatically suspend such license until such program has been successfully completed. 1983 renewal applications shall have an additional grace period of one year to complete the program.
C. 
Where applications are made for a Class "A," or Class "B" or other license that may be authorized by the State of Wisconsin in the future, operators, and managers license on behalf of a sole proprietorship, the sole proprietor shall successfully complete the program within the times stated. Where such application is made on behalf of a partnership, all partners shall successfully complete the program within the times stated. Where such application is made on behalf of a corporation, the registered agent of said corporation shall successfully complete the program within the time limits stated.
[Added 4-8-1996 by Ord. No. 333]
The City Clerk/Treasurer of the City of Hayward shall issue provisional operators licenses pursuant to § 125.17(5), Wis. Stats. The fee for said license shall be set by a resolution adopted by a majority vote of the Common Council of the City of Hayward.
[Amended 8-14-1995 by Ord. No. 327]
A. 
Any person, firm or corporation who fails to comply with any provision of this article shall, upon conviction thereof, be subject to the forfeiture established by Chapter 125 of the Wisconsin Statutes or, if no forfeiture amount is given in the statute, be subject to the provisions of Chapter 1, Article II, General Forfeiture (Ordinance No. 308).
B. 
In addition thereto, the City of Hayward shall have the right to revoke or suspend or deny the appropriate license in effect or being requested pursuant to § 125.12(2)(a), (b) and (c), and § 125.12(3), Wis. Stats.