Town of Pacific, WI
Columbia County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Pacific as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-17-1999 by Ord. No. 99-1]
It is unlawful for any person to perform or engage in, or for any licensee or manager or agent of the licensee to permit any person, employee, entertainer or patron to perform or engage in, any live act, demonstration, dance or exhibition on the premises of a licensed establishment which:
A. 
Shows his or her genitals, pubic area, vulva, anus, anal clef or cleavage with less than a fully opaque covering; or
B. 
Shows any portion of the female breast below a point immediately above the top of the areola; or
C. 
Shows the covered male genitals in a discernibly turgid state.
The provisions of this article do not apply to the following licensed establishments: theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet music and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers of entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.
For purposes of this article, the following terms shall have the meanings indicated:
LICENSED ESTABLISHMENT
Any establishment licensed by the Town Board of the Town of Pacific to sell alcohol beverages pursuant to Ch. 125, Wis. Stats.
LICENSEE
The holder of a retail Class "A," Class "B," "Class B," "Class A" or "Class C" license granted by the Town Board of the Town of Pacific pursuant to Ch. 125, Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
Any person, partnership or corporation who violates any of the provisions of this article shall be subject to a penalty as provided in § 1-1 of this Code. A separate offense and violation shall be deemed committed on each day on which violation occurs or continues. In addition, violation of this article constitutes sufficient grounds for suspending, revoking or not renewing an alcohol beverage license under § 125.12, Wis. Stats.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[Adopted 9-18-2012 by Ord. No. 2012-35]
The provisions of Chapter 125 of the Wisconsin Statutes, 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. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this article. Any future amendment, 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. This article repeals and replaces any previously adopted Town ordinance as to those matters that are provided for in this article.
As used in this article, the terms "alcohol beverages," "intoxicating liquors," "principal business," "legal drinking age," "premises," "sell," "sold," "sale," "restaurant," "club," "retailer," "person," "fermented malt beverages," and "wholesalers" shall have the meanings given to them by Ch. 125, Wis. Stats.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
No person, firm or corporation shall vend, sell, deal or traffic in or have in his/her 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.
A. 
Retail "Class A" intoxicating liquor license. A retail "Class A" intoxicating liquor license, when issued by the Town Clerk under the authority of the Town Board, shall permit its holder to sell, deal and traffic in intoxicating liquors only in the 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, when issued by the Town Clerk under the authority of the Town Board, 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.
C. 
Class "A" fermented malt beverage retailer's license. A Class "A" fermented malt beverage retailer's license, when issued by the Town Clerk under the authority of the Town Board, shall entitle the holder thereof to posses, 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. Such license may be issued after July 1. The license shall expire the following June 30.
D. 
Class "B" fermented malt beverage retailer's license.
(1) 
License. A Class "B" fermented malt beverage retailer's license, when issued by the Town Clerk under the authority of the Town Board, shall entitle the holder thereof to possess, sell or offer for sale fermented malt beverages, either to be consumed on the premises where sold or away from such premises. The holder may also sell beverages containing less than 1/2 of a per centum of alcohol by volume without obtaining a special license to sell such beverages. Such license may be issued after July 1. The license shall expire on the following June 30.[1]
[1]
Editor's Note: The Town Zoning Regulations are on file and available in the Planning Office and on the Town's website.
(2) 
Application. Class "B" licenses may be issued to any person qualified under § 125.04(5), Wis. Stats. Such licenses may not be issued to any person acting as agent for or in the employ of another, except that this restriction does not apply to a hotel or restaurant that is not part of or located on the premises of any mercantile establishment or to a bona fide club, society or lodge that has been in existence at least six months before the date of the application. A Class "B" license for a hotel, restaurant, club, society or lodge may be issued in the name of an officer, who shall be personally responsible for compliance with this article. Except as provided in § 125.295, Class "B" licenses may not be issued to brewers or brew pubs. A Class "B" license may not be issued to a person holding a wholesaler's permit issued under § 125.28, Wis. Stats., or to a person who has a direct or indirect ownership interest in a premises operating under a wholesaler's permit issued under § 125.28, Wis. Stats.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
E. 
Temporary Class "B" fermented malt beverage license.
(1) 
License. As provided in § 125.26(1) and (6), Wis. Stats., temporary Class "B" fermented malt beverage licenses 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 authorizing the sale of fermented malt beverages at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. A license issued to a county or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of fermented malt beverages from leased stands on the fairgrounds. The county or district fair to which the license is issued may lease stands on the fairgrounds to persons who may engage in retail sales of fermented malt beverages from the stands while the fair is being held. Such license is valid for dates as approved by the Town Board.
(2) 
Application. Applications for such license shall be signed by the president or corresponding officer of the society or association making such application and shall be filed with the Town 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 plus the costs of prosecution and will be ineligible to apply for a temporary 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 Town Board at which the application will be considered for events of more than three consecutive days. If the application is for a license to be used in a Town park, the applicant shall specify the main point of sale facility.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
F. 
Temporary Class "B" wine license.[4]
(1) 
License. Notwithstanding § 125.68(3), Wis. Stats., temporary Class "B" licenses 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 authorizing the sale of wine in an original package, container or bottle or by glass if the wine is dispensed directly from an original package, container or bottle at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. No fee may be charged to a person who at the same time applies for a temporary Class "B" beer license under § 125.26(6), Wis. Stats., for the same event. A license issued to a county or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of wine from the stands while the fair is being held.
(2) 
Application. Applications for such license shall be signed by the president or corresponding officer of the society or association making such application and shall be filed with the Town 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 together with the costs of prosecution and will be ineligible to apply for a temporary Class "B" wine 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 Town Board at which the application will be considered for events of more than three consecutive days. If the application is for a license to be used in a Town park, the applicant shall specify the main point of sale facility.[5]
[5]
Editor's Note: Original Section 4(g), Wholesaler's license, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
G. 
Retail Class "C" license.
(1) 
In this Subsection, "barroom" means a room primarily used for the sale or consumption of alcohol beverages.
(2) 
A "Class C" license authorizes the retail sale of wine by the glass or in an opened original container for consumption on the premises where sold.
(3) 
A "Class C" license may be issued to a person qualified under § 125.04(5), Wis. Stats., for a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts and which does not have a barroom or the municipality's quota prohibits the municipality from issuing a "Class B" license to that person. A "Class C" license may not be issued to a foreign corporation or a person acting as agent for or in the employ of another.
(4) 
A "Class C" license shall particularly describe the premises for which it is issued.
H. 
Reserve "Class B" intoxicating liquor license. Reserve "Class B" intoxicating liquor license has the meaning set forth in § 125.51(4)(a)4, Wis. Stats. A reserve "Class B" intoxicating liquor license, when issued by the Town Clerk under authority of the Town Board, 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.[6]
[6]
Editor's Note: The Town Zoning Regulations are on file and available in the Planning Office and on the Town's website.
I. 
Provisional retail licenses. The Town may issue provisional retail licenses for the sale of fermented malt beverages, intoxicating liquors and wine, pursuant to § 125.185, Wis. Stats.
(1) 
Designation of Town official. The Town Clerk or Deputy Town Clerk shall be the designated municipal official having the authority to issue provisional retail licenses.
(2) 
Standards. The following standards shall apply to the issuance of a provisional retail license:
(a) 
A onetime only provisional license may be issued to a person who has applied for a Class "A," Class "B," "Class A," "Class B" or "Class C" license. That provisional license shall authorize only the activities that the type of retail license applied for authorizes.
(b) 
The fee for a provisional retail license, which shall be paid at the time of application, is $15.
(c) 
A provisional retail license expires 60 days after its issuance or when the Class "A," Class "B," "Class A," "Class B" or "Class C" license is issued to the holder, whichever is sooner. The Town Clerk may revoke the license if he or she discovers that the holder of the license made false statements on the application.
(d) 
No municipal official may issue a provisional "Class B" license if the municipality's quota under § 125.51(4) Wis. Stats., prohibits the municipality from issuing a "Class B" license.
(e) 
No person may hold more than one provisional retail license for each type of license applied for by the holder per year.
(f) 
Before a provisional license is issued, the Town Clerk shall be satisfied that the following standards will be met:
[1] 
The applicant has met or will be able to meet the minimum licensing qualifications and requirements.
[2] 
The licensed premises has undergone all required inspections and meets all applicable codes.
[3] 
No objection to the issuance of the license has been filed with the Town Clerk by any Town officials or officers or by a third party.
[4] 
The applicant and the premises will be able to satisfy all prerequisites for the issuance of a regular license within the period of the sixty-day provisional license.
There shall be the following classes of licenses which, when issued by the Town Clerk under the authority of the Town Board after payment of license fee and publication costs hereinafter specified, shall permit the holder to sell, deal or traffic in intoxicating liquors or fermented malt beverages as provided in § 250-8 of this article and Ch. 125, Wis. Stats.
A. 
Class "A" fermented malt beverages retailer's license. The fee for this license shall be established by the Town Board in a resolution to be adopted by the Town Board. The fee for a license for less that 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.
B. 
Class "B" fermented malt beverages retailer's license.
(1) 
The fee for this license shall be established by the Town Board in a resolution to be adopted by the Town Board. This license may be issued at anytime for six months in any calendar year, for which 50% of the applicable license fee shall be paid, but such license shall not be renewable during the calendar year in which issued. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.
(2) 
A Class "B" fermented malt beverages license may also be issued to bona fide clubs, lodges or societies that have been in existence for at least six months before the date of application and to posts of veterans organizations authorizing the sale of fermented malt beverages at a particular picnic or similar gathering and at a meeting of the post. The fee for this license shall be established by the Town Board in a resolution to be adopted by the Town Board.
C. 
Temporary Class "B" fermented malt beverage license. The fee for this license shall be established by the Town Board in a resolution to be adopted by the Town Board.
D. 
Temporary "Class B" wine license. The fee for this license shall be established by the Town Board in a resolution to be adopted by the Town Board. However, there shall be no fee if the temporary wine license is obtained along with a temporary fermented malt beverage license.[1]
[1]
Editor's Note: Original Section 5(e), Fermented malt beverage wholesalers license, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
E. 
"Class A" intoxicating liquor retailer's license. The fee for this license shall be established by the Town Board in a resolution to be adopted by the Town Board.
F. 
"Class B" intoxicating liquor retailer's license. The fee for this license shall be established by the Town Board in a resolution to be adopted by the Town Board. This license may be issued anytime for six months in any calendar year, for which 50% of the applicable license fee shall be paid, but such license shall not be renewable during the calendar year once issued.
G. 
Class "C" license. The fee for this license shall be established by the Town Board in a resolution to be adopted by the Town Board. The fee for less than 12 months shall be prorated on a daily basis.
H. 
Reserve Class "B" intoxicating liquor license. The annual fee for a reserve Class "B" intoxicating liquor license shall be the same as the annual fee for a Class "B" intoxicating liquor license as prescribed in Subsection F of this section. An applicant for a reserve Class "B" intoxicating liquor license shall pay an initial issuance fee of $10,000, except that this initial issuance fee shall not be required for an initial issuance of a reserve Class "B" intoxicating liquor license to a bona fide club or lodge situated or incorporated in the state for at least six years.
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 Town Clerk/Treasurer 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, by the president and secretary, if a corporation.
C. 
Publication. The Town Clerk/Treasurer shall publish each application for a Class "A" license, Class "B," "Class A" or "Class B" or "Class C" license. There is no publication requirement for temporary Class "B" picnic beer licenses under § 125.26, Wis. Stats., or temporary "Class B" picnic wine licenses under § 125.51(10), Wis. Stats. The application shall be published once in the official Town newspaper, and the costs of publication shall be paid by the applicant at the time the application is filed, as determined under § 985.08., Wis. Stats.
D. 
Amending application. Whenever anything occurs to change any fact set out in the application of any licensee, 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.
(1) 
Retail intoxicating liquor licenses issued by the Town Board shall be limited in number to the quota prescribed by law.
(2) 
No more than one Class "B" fermented malt beverage license shall be granted by the Town of Pacific to be effective in said Town at any one time, except a Class "B" fermented malt beverage license may be issued as a combination license with a Class "B" intoxicating liquor license. The Town of Pacific shall not be required to grant the full number of Class "A" and Class "B" fermented malt beverage licenses permitted in this subsection. In determining whether or not to grant a Class "A" or Class "B" fermented malt beverage license, the Town may take into account the following:
(a) 
The effect the granting of a license may have upon traffic patterns and traffic congestion in the locale of the premises sought to be licensed.
(b) 
The location of other premises already holding "Class A" or "Class B" intoxicating liquor licenses and whether the location of the premises sought to be licensed will promote the goal of providing the services of "Class A" and "Class B" liquor establishments to all residents of the Town of Pacific.
(c) 
Any other considerations which the Town deems appropriate to its determination of whether or not to grant a "Class A" or "Class B" intoxicating liquor license.
(3) 
The Town of Pacific shall not be required to grant the full number of "Class A" and "Class B" intoxicating liquor licenses permitted by law. In determining whether or not to grant a "Class A" and "Class B" intoxicating liquor license, the Town may take into account the following:
(a) 
The effect the granting of a license may have upon traffic patterns and traffic congestion in the locale of the premises sought to be licensed.
(b) 
The location of other premises already holding "Class A" or "Class B" intoxicating liquor licenses and whether the location of the premises sought to be licensed will promote the goal of providing the services of "Class A" and "Class B" liquor establishments to all residents of the Town of Pacific.
(c) 
Any other considerations which the Town deems appropriate to its determination of whether or not to grant a "Class A" or "Class B" intoxicating liquor license.
A. 
Residence requirements. A retail Class "A" or Class "B" fermented malt beverage or "Class A" or "Class B" intoxicating liquor license shall be granted only to persons or their agents who are citizens of the United States and who have been residents of the State of Wisconsin and Columbia County continuously for at least 90 days prior to the date of the application.
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 or she has the right to possession of the premises described in the application for the license period by lease or by deed.
D. 
Age of applicant. Licenses related to alcohol beverages shall only be granted to persons who have attained the legal drinking age.
E. 
Corporate restrictions.
(1) 
No license or permit may be issued to any corporation unless the corporation meets the qualifications under Wisconsin Statutes, unless the designated agent and the officers and directors of the corporation meet the qualifications under Wisconsin Statutes, and unless the agent of the corporation meets the qualifications under Wisconsin Statutes.
(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 Town 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 Ch. 125, 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. 
Sales tax qualification. All applicants for retail licenses shall provide proof, as required by Wisconsin Statutes, that they are in good standing for sales tax purposes (i.e., hold a seller's permit) before they may be issued a license.
G. 
Separate license required for each place of sale. A separate license shall be required for each stand, place, room or enclosure for each suite of rooms or enclosures which are in a direct connection or communication where intoxicating liquor of 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 possession, selling or offering for sale any intoxicating liquors or fermented malt beverages in any dwelling, house, flat or residential apartment.
H. 
Off-street parking facilities. No "Class B" intoxicating liquor license shall be issued for any premises unless said premises provides off-street parking stalls equal in number to 50% of the number of patrons which said premises may lawfully accommodate. This restriction shall not apply in the case of renewal licenses issued for premises licensed as of the enactment of this subsection.
I. 
Connecting premises. Except in the case of hotels, no person may hold both a "Class A" license and either a "Class B" license or permit, a Class "B" license or permit, or a "Class C" license for the same premises or for connecting premises already covered by the other type of license or permit; the license or permit last issued is void. If both licenses and permits are issued simultaneously, both are void.
J. 
Limitations on other business; Class "B" premises. No Class "B" license or permit may be granted for any premises where any other business is conducted in connection with the premises, except that this restriction does not apply if the premises for which the Class "B" license or permit is issued is connected to premises where other business is conducted by a secondary doorway that serves as a safety exit and is not the primary entrance to the Class "B" premises. No other business may be conducted on premises operating under a Class "B" license or permit. These restrictions do not apply to any of the following:
(1) 
A hotel;
(2) 
A restaurant, whether or not it is a part of or located in any mercantile establishment;
(3) 
A combination grocery store and tavern;
(4) 
A combination sporting goods store and tavern in towns, villages and fourth class cities;
(5) 
A combination novelty store and tavern;
(6) 
A bowling alley or recreation premises; or
(7) 
A club, society or lodge that has been in existence for six months or more prior to the date of filing application for the Class "B" license or permit.
The Town Clerk shall notify the Fire Inspector and Building Inspector of each new application, and these officials 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. These officials shall furnish to the Town Clerk in writing, who shall forward to the Town 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. 
The Town shall not issue or renew any license for:
(1) 
The operation on any premises or with any equipment for which taxes, assessments, forfeitures or other financial claims owed to the Town are delinquent and unpaid; or
(2) 
Any applicant who is delinquent in payment of any taxes, assessments or other claims owed to the Town or who is delinquent in the payment of any forfeiture resulting from a violation of any Town ordinance.
B. 
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 and local Board of Health 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 Town.
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. 
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 pardoned) 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 five years immediately preceding the license application. Because a license is a privilege, the issuance of which is a right granted by the Town Board, the Town 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 Board, at its discretion, may, based upon an arrest or conviction record of two or more offenses which are substantially related to the licensed actively within the five years immediately preceding, act to suspend such license for a period of one year.
A. 
In the event the application is for a "Class A" or "Class B" intoxicating liquor license at a site not previously licensed under this article, the Town Clerk shall schedule public hearings before the Town Board on the granting of the licenses and shall notify all property owners situated in the block of the site for which the license is sought and all property owners within 300 feet of the proposed site of the dates of the hearing. The notice shall be given at least 10 days before the hearing and may be given by mail.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
Opportunity shall be given by the governing body to any person to be heard for or against the granting of the license. Upon the approval of the application by the Town Board, the Town Clerk shall issue to the applicant a license upon payment by the applicant of the license fee to the Town. The full license fee shall be charged for the whole or fraction of any year.
C. 
If the Town Board denies the license, the applicant shall be notified in writing, by registered mail or personal service, of the reasons for the denial. The notice shall also inform the applicant of the opportunity to appear before the Town Board and to provide evidence as to why the denial should be reversed. In addition, the notice shall inform the application that the reconsideration of the application shall be held in closed session, pursuant to § 19.85(1)(b), Wis. Stats., unless the applicant requests such reconsideration be held in open session and the Town Board consents to the request. Such written notice shall be mailed or served upon the applicant at least 10 days prior to the Town Board meeting at which the application is to be reconsidered.
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 Town Board. An application for transfer shall be made on a form furnished by the Town Clerk. Proceedings for such transfer shall be had in the same form and manner as the original application. The fee for such transfer is set forth in the official Town's Fee Schedule. Whenever a license is transferred, the Town 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 of the licensee must apply to the Town for reissuance of said license, and the Town, as the licensing authority, shall in no way be bound to reissue said license to said subsequent purchaser.
B. 
Whenever the agent of a corporate holder of a license is for any reason replaced, the licensee shall give the Town Clerk written notice of said replacement, the reasons therefor and the new appointment. Until the next regular meeting or special meeting of the Town 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 Town Clerk of notice of disapproval of the successor agent by the Wisconsin Department of Revenue or other peace office 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 Town Board until the successor agent or another qualified agent is appointed and approved by the Town.
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. The Town Clerk shall mail a list of license holders to the state as required by statute.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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 permit it to be posted 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" and "Class B" 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 Town 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 Town 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 Town 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 underage persons. No retail "Class B" or Class "B" licenses shall employ any underage person, as defined in the Wisconsin Statutes, except for persons holding valid operator's licenses or otherwise authorized to be employed at such business under the Wisconsin Statutes.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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" or Class "B" or "Class C" license, at all times, the licensee, members of the licensee's immediate family who have attained the age of 18, 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," Class "B" or "Class C" license unless he or she possesses 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 or "Class C" licenses issued under this article. No "Class B" or "Class C" 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" or "Class B" license shall be issued for premises, the main entrance of which is less than 300 feet from the main entrance of any established 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 of 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. Except as authorized by state law, 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.
I. 
Credit prohibited. No retail Class "A," Class "B," "Class A," or "Class B" liquor or 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 or 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, to receive from any person any goods, ware, 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 exhibition. It shall be unlawful for any person to perform, or for any licensee or manager or agent of a 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; or
(2) 
Exposes any device, costume or covering which give the appearance of or simulates genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
(3) 
Exposes any portion of the female breast at or below the areola thereof; or
(4) 
Engages in or simulates sexual intercourse and/or sexual contact, including the touching of any portion of the breast or the genitals.
[Amended 2-18-2014 by Ord. No. 2014-1; 9-2-2014 by Ord. No. 2014-7; 7-19-2016 by Ord. No. 2016-4]
Closing hours shall be those closing hours as provided for under Chapter 125 of the Wisconsin Statutes or its successor statute.
It shall be unlawful for any person or organization on a temporary basis to sell or offer to sell any alcohol beverage upon any Town-owned property or privately owned property within the Town of Pacific except through the issuance of a temporary Class "B" fermented malt beverage license or temporary "Class B" wine license issued by the Town Board in accordance with Wisconsin Statutes and as set forth in this section. A temporary Class "B" fermented malt beverage license or temporary "Class B" wine license authorizing the sale and consumption of beer and/or wine on Town-owned property or privately owned property may be authorized by the Town Board, providing the following requirements are met:
A. 
Compliance with eligibility standards. The organization shall meet the eligibility requirement of a bona fide club, association, lodge or society as set forth in the Wisconsin Statutes and shall fully comply with the other requirements of this article. Members of an organization which is issued a temporary license and who are issued operator's licenses for the event may be required to attend a pre-event informational meeting to learn what rules and regulations apply and what the responsibilities of the bartenders and organization will be.
B. 
Posting of signs and licenses. All organizations issued a temporary 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 nor to any person without proper identification.
C. 
Fencing. If necessary, due to the physical characteristics of the site, the Town Board may require that organizations install a double fence around the main point of sale to control ingress and egress and continually station a licensed operator, security guard or other competent person at the entrance for the purpose of checking age identification. When possible, there shall be only one point of ingress and egress. When required, the double fence shall be a minimum of four feet high and a minimum of six feet between fences.
D. 
Underage persons prohibited. No underage persons, as defined by the Wisconsin Statutes, shall be allowed to assist in the sale of fermented malt beverages or wine at any point of sale, nor shall they be allowed to loiter or linger in the area of any point of sale, except for a person holding a valid operator's license or otherwise authorized to be employed at such business under the Wisconsin Statutes.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
E. 
Licensed operator's requirement. A licensed operator shall be stationed at all points of sales at all times.
F. 
Waiver. The Town Board may waive or modify the requirements of this section due to the physical characteristics of the licenses site.
G. 
Insurance. The applicant for the temporary fermented malt beverage or wine license may be required to indemnify, defend and hold the Town and its employees and agents harmless against all claims, liability, loss, damage or expense incurred by the Town on account of any injury to or death of any person or any damage to property caused by or resulting from the activities for which the permit 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 with the Town of Pacific. The applicant may be required to furnish a performance bond prior to being granted the license.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
A. 
It shall be a condition of maintaining and keeping a "Class A" retail liquor license, "Class B" retail fermented malt beverage license, Class "B" intoxicating liquor license or Class "B" fermented malt beverage license in the Town of Pacific that the licensee continue in business. Issuance of a license to or the retention of a license by a licensee who does not continue in business is hereby declared to be against public policy. Any proceedings to revoke or not renew a license under this section shall be instituted and processed under the notice and hearing procedures provided for in Ch. 125, Wis. Stats., under the Town's ordinances. No portion of the license fee paid for any license rescinded under this section shall be refundable.
B. 
To "continue in business" is hereby defined to mean being open to the public for the business for which the licensee is licensed at least two days per week for a minimum of six hours per day during the license term. Any licensee holding a license to sell alcohol beverages who no longer "continues in business," as defined above, shall forfeit any right or preference the licensee may have to the holding of or renewal of such license. Failure to continue in business shall be sufficient grounds for revocation or nonrenewal of any alcohol beverage license, unless exempt under Subsection C below. The closing of the licensed premises for at least 30 days shall be prima facie evidence of the licensee's failure to "continue in business." Any person holding such license who no longer continues in business and is not exempt under Subsection C below shall surrender the license upon ceasing operations and return the license to the Town Clerk no later than five working days following the day on which the operations permitted under the license cease.
C. 
A licensee shall be exempt from the requirements set forth in Subsection B above under the following circumstances:
(1) 
In the case of a seasonal business, for the period of the license term when the business would normally not be open.
(2) 
For a reasonable period of time, not to exceed six months, for the purpose of general remodeling or otherwise making repairs to the premises due to fire or other casualty with the intent to reopen for business. The Town Board, on application, may determine that special circumstances exist justifying an extension of this time period.
(3) 
For a reasonable period of time, not to exceed six months, so long as the business is actively and continuously listed for sale. The Town Board, on application, may determine special circumstances exist justifying an extension of this period.
D. 
If the licensee is set up as, and operates as, a non-stock, not-for-profit corporation, then the Town Board may waive/modify the requirement that it operate at least two days per week for a minimum of six hours per day. However, all other requirements in this section relating to the licensee continuing in business shall apply to such licensee.
A. 
Procedure. Whenever the holder of any license under this article violates any portion of this article or any other ordinance of the Town, proceedings for the revocation, suspension or nonrenewal of such license may be instituted in the manner and under the procedure established under this section and in accordance with § 125.12, Wis. Stats.
B. 
License revocation or suspension. License revocation or suspension procedures shall be as prescribed by Ch. 125, Wis. Stats.
C. 
Nonrenewal of licenses. Before nonrenewal of any license issued under this article occurs, 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 in accordance with § 125.12, Wis. Stats.
The presence of underage persons on a licensed premises, as provided under § 125.07(3)(a)10, Wis. Stats., shall be subject to the following:
A. 
The licensee or agent of a corporate licensee shall notify the Town Clerk at least 48 hours in advance of the date of any event at which underage persons will be present on the licensed premises. Each such nonalcoholic event notice shall specify the date(s) on which the event is to occur and the time(s) of commencement. All notices shall be filed with the Town Clerk during normal working hours. After a nonalcoholic event notice has been given, the licensee may cancel an event(s) only by giving notice to the Town in accordance with the provisions of this subsection. Regardless of the date given, all notices shall expire and be deemed cancelled no later than the date of expiration or revocation of the applicable retail Class "B" or "Class B" license.
B. 
During the period of any nonalcoholic event, a notice card prescribed by the Town shall be posted at all public entrances to the licensed premises notifying the general public that no alcohol beverages may be consumed, sold or given away on or carried into the licensed premises during the event. Such notice cards shall be made available by the Town to a requesting licensee.
C. 
Once a nonalcoholic event has commenced, no alcohol beverages may be consumed, sold or given away on or carried into the licensed premises until the next day following the closing hours of the licensed premises.
D. 
During the period of any nonalcoholic event, all alcohol beverages shall be stored in a locked portion of the licensed premises in a secure place out of sight and physical reach of any patron present and shall be under the direct and immediate control and supervision of the licensee or a licensed bartender in the employ of the licensee. All beer taps and automatic dispensers of alcohol beverages ("speed guns") shall be either disconnected, disabled or made inoperable.
A. 
Operator's 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 actions 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 who has attained the age of 18 shall be considered the holder of an operator's license. No person, including 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 alcohol beverages.
(2) 
The license or permit of a person who violates Subsection B(1) above shall be revoked.
A. 
The Town Board may issue an operator's license, which license shall be granted only upon application in writing on forms to be obtained from the Town Clerk only to persons 18 years of age or older. Operator's licenses shall be operative only within the limits of the Town.
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. These authorities may 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 record. Based upon such investigation, the authorities may recommend denial; the authorities shall provide, in writing, the reasons for such recommendation.
C. 
The application for an operator's license must be accompanied by a statement that the applicant has been a resident of Columbia County for 90 days and a statement that the applicant understands that he/she will be fingerprinted by the Columbia County Sheriff's Department and a check made of his/her past record (civilian and military) as recorded by the Federal Bureau of Investigation, and that the record so determined will become part of his/her application.
Operator's 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 of each year.
A. 
Fee. The fee for an operator's license shall be $25 per year, and the fee for a provisional operator's license shall be $50 per year.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
Provisional license. The Town Clerk may issue provisional operator's 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 applicant for such provisional license must present evidence to the Clerk establishing that the applicant is enrolled in a responsible beverage server training course established pursuant to § 125.17, Wis. Stats. The Town Clerk may, upon receiving an application for a 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 Town 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 successfully complete a responsible beverage server training course. The Town Clerk shall provide an appropriate application form to be completed in full by the applicant. The Town Clerk 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. In accordance with § 125.17(4), Wis. Stats., the Town Board 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; and
(3) 
The license is valid for any person from one to 14 days, and the period for which it is valid shall be stated on the license.
A. 
After the Town Board approves the granting of an operator's license, the Town Clerk shall issue the license. Such licenses shall be issued and numbered in the order they are granted, and the Town Clerk shall file the applicant's name and address and the date of the expiration of such license.
B. 
Denial.
(1) 
If the application is denied by the Town Board, the Town Clerk 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 Town Board in 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.
(2) 
If upon reconsideration the Board again denies the application, the Town Clerk 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 the Circuit Court pursuant to § 125.12(2)(d), Wis. Stats., for review.
C. 
Consideration.
(1) 
Consideration for the granting or denial of a license will be based on:
(a) 
Arrest and conviction record of the applicant, subject to the limitations imposed by §§ 111.321, 111.322 and 111.335, Wis. Stats.;
(b) 
The financial responsibility of the applicant;
(c) 
The appropriateness of the location and the premises where the licensed business is to be conducted; and
(d) 
Generally, the applicant's fitness for the trust to be reposed.
(2) 
If a licensee is convicted of an offense substantially related to the licensed activity, the Town Board may act to revoke or suspend the license.
D. 
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 pardoned) 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 five years immediately preceding the license application. Because a license is a privilege, the issuance of which is a right granted by the Town Board, the Town 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 Board, at its discretion, may, based upon an arrest or conviction record of two or more offenses which are substantially related to the licensed actively 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 Town 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 or the educational approval board, or unless the applicant fulfills one of the following requirements:
(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; or
(3) 
Within the past two years, the person has completed such a training course.
B. 
The Town 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 to successfully complete the course in which he or she enrolls.
C. 
The Town Board may not require that applicants for operator's licenses undergo training in addition to that in 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
Violation of any of the terms or provisions of the state law or of this article relating to operator's licenses by any person holding such operator's license shall be cause for revocation of this license.
A. 
Forfeitures for violations of §§ 125.07(1) through (5) and 125.09(2), Wis. Stats., adopted by reference in this Code for the Town of Pacific, 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 for the Town of Pacific, 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 Town of Pacific.
C. 
Nothing herein shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the Wisconsin Statutes.