[HISTORY: Adopted by the Town Board of the Town of Greenville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-19-1983 by Ord. No. 9; amended in its entirety 12-8-1997; 1-21-1998]
No initial or renewal alcoholic beverage license shall be granted
for any premises for which taxes, assessments or other claims for
the Town of Greenville are delinquent and unpaid.
No initial or renewal alcoholic license shall be granted to
any person:
[Adopted 7-9-2012 by Ord. No. 49]
This article is adopted pursuant to authority conferred by § 125.10,
Wis. Stats.
The provisions of Chapter 125, Wis. Stats., relating to the
sale of fermented malt beverages and intoxicating liquors, exclusive
of any provisions relating to the penalty to be imposed or the punishment
for a violation, are hereby adopted and incorporated by reference.
A violation of any such provision shall be a violation of this article.
The Town elects to operate under § 125.51(3)(b), Wis.
Stats.
No person shall distribute, vend, sell, offer or keep for sale
at retail or wholesale, deal or traffic in, or, for the purpose of
evading any law or ordinance, give away any intoxicating liquor or
fermented malt beverage, or cause the same to be done, without having
procured a license or permit as provided in this article, nor without
complying with all the provisions of this article and all statutes,
ordinances and regulations of the state and Town.
There shall be the following classes of licenses which, when
issued by the Town Clerk/Treasurer under the authority of the Town
Board, and after payment of the fee set forth in the fee schedule,
shall permit the holder to sell, deal or traffic in intoxicating liquor
and/or fermented malt beverages as provided in Chapter 125, Wis. Stats.
(§§ 125.25, 125.26, 125.27, and 125.51).
A.
Class "A" licensees may sell beer to consumers in original packages
or containers for off-premises consumption only (§ 125.25).
B.
Class "B" licensees may sell beer to consumers for on-premises or
off-premises consumption [§ 125.26(1)].
C.
Six-month Class "B" licenses may be issued for a period of six months
in any calendar year which runs from January 1 to December 31, and
is thus different from a license year which runs from July 1 to June
30. The fee for a six-month license is half of the annual license
fee as set by resolution of the Town Board. Such licenses are not
renewable during the calendar year in which issued. A six-month license
issued from January 1 through June 30, or for the balance of the year,
would not prohibit the applicant from obtaining an annual license
as of July 1 of that same year.
D.
Temporary Class "B" (picnic) beer licensees may sell beer and other
fermented malt beverages (e.g., wine coolers with a fermented malt
beverage base) to consumers at a picnic or similar gathering of limited
duration. Such licenses may only be issued to bona fide clubs, to
county or local fair associations or agricultural societies that have
been in existence for at least six months, and to veterans organizations.
Applications must be filed with the Town Clerk at least 15 days prior
to presentation before the Town Board [§ 125.26(6)].
E.
Temporary "Class B" (picnic) licensees may sell wine to consumers as provided in Subsection D above. An applicant would be exempt from the fee if at the same time the applicant has applied for a Temporary Class "B" beer license (above) for the same event. Not more than two licenses may be issued under this subsection in any twelve-month period. Background checks may be waived by the Town Clerk.
F.
"Class A" licensees may sell intoxicating liquor to consumers only
in original packages or containers for off-premises consumption. Wine
taste samples are allowed of not more than 3 fluid ounces each, free
of charge, to customers and visitors for consumption on the premises
only between the hours of 10:00 a.m. and 6:00 p.m. No licensee may
provide more than two taste samples per day to any one person [§ 125.51(2)].
G.
"Class B" licensees may sell intoxicating liquor to consumers by
the glass for on-premises consumption. However, wine may be sold for
consumption off-premises in the original package or container in any
quantity.
H.
Reserve "Class B" licenses are those licenses available under the
quota system which existed before December 1, 1997, and were not granted
or issued by the Town as of December 1, 1997.
I.
"Class C" licensees may sell wine by the glass, or in an opened original
container for consumption on premises. Licenses may be granted to
an applicant only if: the applicant meets the qualifications set out
in § 125.04(5) for other retail licensees; the license is
for a restaurant in which the sale of alcohol beverages accounts for
less than 50% of gross receipts; and wine is the only intoxicating
liquor sold in the barroom [§ 125.51(3m)].
J.
Provisional retail licenses may be issued to a person who applies
for a Class "A," Class "B," "Class A," "Class B" or "Class C" license
and it expires 60 days after its issuance or when the retail license
is issued to the holder, whichever is sooner.
An operator's license shall be issued by the Town Board
to individuals in compliance with §§ 125.32(2) and
125.68(2), Wis. Stats. Operator's licenses shall be issued only
upon written application forms provided by the Town Clerk/Treasurer
and following Town Board approval. Licenses are issued for a one-year
term that expires June 30 of the term year.
A.
Operator's license required. The provisions of § 125.68(2),
Wis. Stats., and any future amendments or changes are hereby incorporated.
Operator's licenses issued under this section are valid only
within the Town of Greenville.
B.
Application.
(1)
An operator's license may not be issued unless the applicant
fulfills one of the following requirements: the applicant renewing
an operator's license has held a current manager's, retailer's
or operator's license within the past two years; or the applicant
has completed a server's training course within the last two
years and shows proof. New applicants must be registered for the course
and shall present a schedule at the time of application.
(2)
A written application shall be filed with the Town Clerk/Treasurer
which shall include the name, residence, age and gender of applicant.
A background check shall be performed to determine whether the applicant
has a satisfactory history. All applications shall be accompanied
by a recommendation for approval/denial by the Town Clerk/Treasurer
or his/her designee.
C.
Issuance of operator's license.
(1)
Licenses and permits related to alcoholic beverages issued to natural
persons under this article may be issued only to persons who fulfill
all of the following requirements:
(a)
The person must be at least 18 years of age.
(b)
An applicant for an operator's license shall successfully
pass a responsible beverage server's course as required in § 125.04(5),
Wis. Stats., or hold a current operator's license from another
Wisconsin municipality. All applicants shall provide necessary documentation
to satisfy this requirement.
(c)
An applicant shall submit a proper picture identification including
a driver's license or other acceptable form of identification.
(d)
An applicant may be denied a license based upon his/her arrest
or conviction record subject to the Fair Employment Act §§ 111.321,
111.322 and 111.335 and § 125.04(5)(a)1, Wis. Stats. It
is not employment discrimination to deny a license because of a pending
arrest record or a conviction record if the circumstances of the charge
substantially relate to the alcohol beverage licensing activity.
(e)
An applicant may not be issued a license if they are a "habitual
law offender," § 125.04(5)(b), Wis. Stats. The term "habitual"
refers to multiple convictions or pending charges. The term "offender"
refers to a person with civil violations such as ordinance convictions
(or pending charges) which substantially relate to the alcohol beverage
licensing activity.
(f)
An applicant shall not be issued a license if he or she has
been convicted of a felony which substantially relates to the alcohol
beverage licensing activity.
(g)
Arrests or convictions five years or older will not be considered
in the operator's license review.
(h)
An applicant who is denied an operator's license by the
Town Board will be allowed to appeal that decision through a public
hearing before the Town Board.
(2)
Upon the approval of an application by the Town Board, the Town Clerk/Treasurer
or his/her designee shall, upon proof of payment of a license fee,
issue a license to expire on the 30th day of June within the second
term year following the issuance.
D.
Provisional operator's license. This article authorizes the
issuance of a provisional operator's license to those applying
for a regular operator's license and who wish to commence work
as an operator for the service or sale of alcoholic beverages before
the Town Board will be able to meet to decide the application. The
Town Clerk/Treasurer or his/her designee shall have the authority
to grant or deny the issuance of a provisional operator's license
subject to the following conditions:
(1)
A fee shall be paid at the time of application.
(2)
A provisional operator's license shall not be issued to any
applicant who has been denied a beverage operator's license.
(3)
The provisional operator's license expires 60 days after its
issuance or when a license is issued to the applicant, whichever is
sooner.
(4)
Applicants are limited to one provisional license per calendar year.
(5)
At the time of application, the applicant for a provisional operator's
license must present proof that the applicant is enrolled in or has
completed a training course under § 125.17(6), Wis. Stats.,
or the applicant must present a current copy of a valid operator's
license issued by another Wisconsin municipality.
(6)
Revocation. The provisional operator's license shall be revoked
by the Town Clerk/Treasurer if it is discovered that the holder of
the provisional operator's license made a false statement on
their application, or the holder fails to complete the Responsible
Beverage Server Training Course, or does not comply with other requirements
set forth in this article.
E.
Temporary operator's license. The Town Clerk/Treasurer or designee
may issue a temporary operator's license subject to the following
conditions:
(1)
A written application shall be filed with the Town Clerk which shall
include the name, residence, age and gender of the applicant, together
with other such pertinent information as to determine whether the
applicant has a satisfactory background.
(2)
A fee shall be paid upon application.
(3)
A temporary operator's license shall be valid for the duration
of the event defined on the application and shall be issued only to
Temporary Class "B" license holders or to operators employed by or
donating their services to nonprofit organizations.
(4)
No person may hold more than one temporary license per calendar year.
A.
Qualifications. Individuals; all partners (including limited partners);
the officers, directors and agents of corporations; the members, managers
and agents of limited liability companies; and the officers, directors
and agents on nonprofit organizations, shall meet the following requirements:
(1)
Must
be of legal drinking age;
(2)
May
not have been convicted of a felony which substantially relates to
the alcohol beverage licensing activity;
(3)
May
not be a "habitual law offender" (multiple convictions or pending
charges which substantially relate to the alcohol beverage licensing
activity);
(4)
Must
be a resident of Wisconsin for 90 continuous days prior to the date
of application (applies to all individuals, all natural persons in
a partnership, and the agents of corporations and limited liability
companies, but not to officers and directors of corporations, or managers
of limited liability companies); and
(5)
Must
have successfully completed a responsible server training course within
the last two years.
B.
Effect of revocation of license. No license shall be issued for any
premises if a license covering such premises has been revoked within
six months prior to application. No license shall be issued to any
person who has had a license issued pursuant to this article revoked
within 12 months prior to application.
C.
Location. No Class "A", "B", or "C" license shall be granted for
any premises within 300 feet of any school, hospital or church.
D.
Residential premises. No license shall be issued to any person for
the purpose of possessing, selling or offering for sale any intoxicating
liquor or fermented malt beverage in any dwelling house, flat or residential
apartment.
E.
Inspection of application and premises. The Town Clerk/Treasurer
shall notify the Outagamie County Sheriff's Department and Fire
Department Inspector of all licenses and permit applications, and
these officials may inspect each application and premises to determine
whether the applicant and premises comply with the regulations, ordinances
and law.
F.
Health and sanitation. No license shall be issued for any premises
which do not conform to the sanitary, safety and heath requirements
of the State Industrial Commission and the State Board of Health,
and to all such ordinances and regulations adopted by the Town.[1]
G.
Conduct and entertainment.
(1)
It shall be unlawful to employ or use any person in the sale or service
of alcoholic beverages in or upon the licensed premises while such
person is unclothed or in such attire, costume or clothing which shows
his/her genitals, pubic area, vulva or anus with less than a fully
opaque covering or shows any portion of the areola of the female breast.
(2)
It shall be unlawful for any person to perform or engage in, or for
any licensee, manager or agent of the licensee to permit an employee
or entertainer in any bar, tavern or nightclub to perform or engage
in any live erotic dance or live erotic demonstration on the premises
which shows his/her genitals, pubic area, vulva or anus with less
than a fully opaque covering or shows any portion of the areola of
the female breast.
A.
Consent to search and investigation. Every applicant procuring a
license consents to the entry of law enforcement officers or other
authorized representatives of the Town, at reasonable hours, for the
purpose of inspection and search, and consents to the removal of items
and articles that are in violation of state regulations and Town ordinances,
and consents to the introduction of such items and articles in any
prosecution that may be brought for such offense.
B.
Safety and sanitation. Each premises shall be conducted and maintained
in a safe and sanitary manner.
C.
Agents and employees. A violation of this article by an authorized
agent or an employee of the licensee or permit holder shall constitute
a violation by the licensee or permit holder.
D.
Nonuse or abandonment. Any licensee issued a license to sell alcohol
beverages that abandons such business shall forfeit any right or preference
the licensee may have to the holding or renewal of the license. Abandonment
shall be sufficient grounds for revocation or nonrenewal of the license.
"Abandonment" means a refusal or failure of the licensee to use the
license for the purposes for which the license was granted, for four
or more months. The Town Board may, for good cause shown, extend such
period.
E.
Legal right to possession. All licensees shall show a legal right
to control of the premises by purchase, deed or lease agreement.
This article establishes a point system for the purpose of providing
objective guidelines for the Town Board to consider in determining
whether to suspend or revoke alcohol licenses. The point system is
as follows:
|
Violation
|
Points
|
|---|---|
|
Sale to person under age 21 on premises or sale to intoxicated
person
|
100
|
|
Refusal to allow search of premises or refusal to cooperate
with a law enforcement investigation
|
100
|
|
Owner or employee sale of controlled substances
|
100
|
|
100
| |
|
Failure to be licensed
|
100
|
|
Exceeding posted capacity
|
70
|
|
Open after hours
|
70
|
|
Failure to maintain order/disorderly conduct (including excessive
noise)
|
70
|
|
Violation of health and sanitation rules
|
70
|
A.
In determining accumulated points, the date of the violation shall
be used as the basis for assessing points per incident. Points shall
be assessed only after conviction for violations.
B.
The Town Administrator shall notify the Town Board of any convictions
which result in the assessment of points against any license. Following
notification or the filing of a complaint pursuant to § 125.12,
Wis. Stats., the Town Board shall hold a hearing if required by § 125.12
or this article, and shall take the following action, after first
determining the number of points to be assessed against the license.
(1)
For points totaling 70 to 200 within a twelve-month period, a warning
to the licensee of the consequences of additional violations.
(2)
For points totaling 201 to 300 within a twelve-month period, suspension
of the license for a period of not less than five days nor more than
30 days.
(3)
For points totaling more than 300 within an eighteen-month period,
revocation of the license. When any license is revoked, at least six
months 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 license was revoked. This section
shall be construed consistent with the requirements of § 125.12,
Wis. Stats.
C.
Notwithstanding the requirements of this section, the Town Board
may require the appearance of the licensee before the Board at any
time.
D.
In the event of the transfer or sale of the licensed business, all
assessed points may be canceled, unless any of the following apply:
(1)
The
new licensee is related to the former licensee by blood, marriage
or adoption;
(2)
The
new licensee held a business interest in the previous licensed business,
real estate or equipment;
(3)
The
former licensee retains an interest in the business, real estate,
or equipment used in the business; or
(4)
The
new licensee's acquisition of the business did not involve an
arm's length transaction.
E.
Nothing in this subsection shall be construed to conflict with, abridge
or modify the rights, procedures or discretion established for revocation
or suspension of licenses in § 125.12, Wis. Stats.
Revocations and suspensions shall comply with § 125.12(2),
Wis. Stats. The Town Clerk shall give notice of each revocation and
suspension to the person whose license is revoked or suspended. Any
revocation shall be recorded by the Town Clerk, and no other license
may be granted within 12 months of the date of revocation to the person
who license was revoked. No part of the license fee may be refunded.
Refusals to renew shall comply with § 125.12(3), Wis.
Stats. Prior to the time for renewal of the license, the Town Board
shall notify the licensee in writing of the Town's intention
to not renew the license, and shall provide the licensee with an opportunity
for a hearing. The notice shall state the reasons for the intended
action.
Refusals to issue shall comply with § 125.12(3m),
Wis. Stats. If the Town Board decides not to issue a new license,
it shall notify the applicant for the new license of the decision
not to issue the license. The notice shall be in writing and shall
state the reasons for the decision.
A.
Outdoor consumption prohibited. Except for golf courses and temporary
events approved by the Town Board, there shall be no consumption of
alcohol beverages on any part of the licensed premises not enclosed
within the building except as hereinafter provided.
B.
Beer garden permits. A beer garden permit may be granted by the Town
Board, in its discretion, for the consumption of alcohol beverages
on a part of the licensed premises not enclosed within the building.
Permits shall expire on June 30 of each year. No person shall consume
or possess alcohol beverages on any unenclosed part of the licensed
premises which is not described in a beer garden permit.
C.
Restrictions on beer garden permits.
(1)
No permit shall be granted for a beer garden if any part of the beer
garden is located within 100 feet from a dwelling.
(2)
There shall be a licensed operator within the beer garden when alcohol
beverages are dispensed in the beer garden.
(3)
No open flames may be displayed.
(4)
The beer garden shall be clearly delineated by an attractive wall
or by posted signs.
(5)
Noise from any source that is emitted from the beer garden and measured
at any border of the real property on which the licensed premises
is located shall not exceed 85 db from 8:00 a.m. to 10:00 p.m. and
75 dB from 10:00 p.m. to close of the beer garden.
(6)
Lighting of the area must be shielded with no intensity or brilliance
that would create glare which is distracting to adjoining property
owners or which could become a hazard or danger to vehicular traffic.
(7)
The outdoor premises shall be allowed to be open during the following
hours:
|
Sunday through Thursday, 8:00 a.m. to 11:00 p.m.
| |
|
Friday and Saturday, 8:00 a.m. to 12:00 midnight
|
Fees and penalties shall be prescribed by resolution adopted
by the Town Board.
