[HISTORY: Adopted by the Common Council of the City of Princeton
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 7, Ch. 2, of the City Code]
The provisions of Ch. 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.
As used in this article the terms "alcoholic beverages," "intoxicating
liquors," "principal business," "legal drinking age", "premises,"
"sell," "sold," "sale," "restaurant," "club," "retailer," "person,"
"fermented malt beverages," "wholesalers," and "operators" shall have
the meaning given them by Ch. 125, Wis. Stats.
No person, firm or corporation shall vend, sell, deal or traffic
in or have in his/her/its 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 §§ 125.16, 125.27, 125.28
and 125.51 of the Wisconsin Statutes.
A.
Retail "Class A" intoxicating liquor license. A retail "Class A"
intoxicating liquor license, when issued by the City Administrator/Clerk-Treasurer
under the authority of the Common Council, shall permit its holder
to sell, deal and traffic in intoxicating liquors only in original
packages or containers and to be consumed off the premises so licensed.
Such license shall be issued with an effective date of July 1, but
may be issued by the City prior to that date. The license shall expire
on the following June 30.
B.
Retail "Class B" intoxicating liquor license. A retail "Class B"
intoxicating liquor license, when issued by the City Administrator/Clerk-Treasurer
under authority of the Common Council, 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. Such license shall be issued with an effective date
of July 1, but may be issued by the City prior to that date. The license
shall expire on the following June 30.
C.
Reserve "Class B" licenses. A Reserve "Class B" license means a license
that is not granted or issued by the City on December 1, 1997, and
that is counted under § 125.51(4)(br), Wis. Stats., which,
if granted or issued, authorizes the sale of intoxicating liquor to
be consumed by the glass only on the premises where sold, and also
authorizes the sale of intoxicating liquor in the original package
or container in multiples not to exceed four liters at any one time,
to be consumed off premises, except that wine may be sold in the original
package or otherwise in any other quantity to be consumed off the
premises.
D.
Class "A" fermented malt beverage retailer's license. A Class
"A" retailer's fermented malt beverage license, when issued by
the City Administrator/Clerk-Treasurer under the authority of the
Common Council, shall entitle the holder thereof to possess, 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 shall be issued with an effective date of
July 1, but may be issued by the City prior to that date. The license
shall expire on the following June 30.
E.
Class "B" fermented malt beverage retailer's license.
(1)
License. A Class "B" fermented malt beverage retailer's license,
when issued by the City Administrator/Clerk-Treasurer under the authority
of the Common Council, shall entitle the holder thereof to possess,
sell or offer for sale, fermented malt beverages, either to be consumed
upon the premises where sold or away from such premises. The holder
may also sell beverages containing less than 1/2 of a percentum of
alcohol by volume, without obtaining a special license to sell such
beverages. Such license shall be issued with an effective date of
July 1, but may be issued by the City prior to that date. The license
shall expire on the following June 30.
(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
which is not a 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 for at least six months before the date of 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,
Wis. Stats., Class "B" licenses may not be issued to brewers or brewpubs.
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.[1]
F.
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 churches, lodges, 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.
Such license is valid for dates as approved by the Common Council.
(2)
Application. Application 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 City Administrator/Clerk-Treasurer together with the appropriate license fee for each event 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 as provided in § 225-29B 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. If the application is for a license to be used in a City park, the applicant shall specify the main point of sale facility.[2]
G.
Temporary "Class B" wine license.
(1)
License. Notwithstanding § 125.68(3), Wis. Stats., temporary
"Class B" licenses may be issued to bona fide clubs, 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 the glass if the wine is dispensed directly from an original
package, container or bottle at a particular picnic or similar gathering.
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. Not more than two such licenses may be
issued under this subsection to any club, county or local fair association,
agricultural association, church, lodge, society or veterans'
post in any twelve-month period.
(2)
Application. Application 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 City Administrator/Clerk-Treasurer together with the appropriate license fee for each event 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 as provided in § 225-29B 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. If the application is for a license to be used in a City park, the applicant shall specify the main point of sale facility.[3]
H.
Retail "Class C" licenses.
(1)
In this subsection, "barroom" means a room that is 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 if the City's quota prohibits the City from issuing
a "Class B" license to that person. A "Class C" license may not be
issued to a foreign corporation, a foreign limited liability company,
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.
There shall be the following classes of licenses which, when issued by the City Administrator/Clerk-Treasurer under the authority of the Common Council after payment of the 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 § 225-4 of this article and Ch. 125, Wis. Stats.:
A.
Class "A" fermented malt beverages retailer's license. The annual fee for this license shall be as prescribed in Chapter 182, Fees. 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.
B.
Class "B" fermented malt beverage license. The annual fee for this license shall be as prescribed in Chapter 182, Fees. This license may be issued at any time 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.
C.
Temporary Class "B" fermented malt beverage license. The fee for this license shall be as prescribed in Chapter 182, Fees.
D.
E.
"Class A" intoxicating liquor retailer's license. The annual fee for this license shall be as prescribed in Chapter 182, Fees. The fee for a license of less than 12 months shall be prorated according to the number of months of fraction thereof for which the license is issued.
F.
"Class B" intoxicating liquor retailer's license. The annual fee for this license shall be as prescribed in Chapter 182, Fees. This license may be issued at any time 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 of less than 12 months shall be prorated according to the number of months of fraction thereof for which the license is issued.
G.
Reserve "Class B" intoxicating liquor license. The fee for an initial issuance of a reserve "Class B" license shall be as prescribed in Chapter 182, Fees, except that the fee for the initial issuance of a reserve "Class B" license to a bona fide club or lodge situated and incorporated in the state for at least six years is the fee established in Subsection F for such a club or lodge. The annual fee for renewal of a reserve "Class B" license is the fee established in Subsection F.
A.
Contents.
(1)
Filing of applications. 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 City Administrator/Clerk-Treasurer pursuant to Subsection A(2) below 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.[1]
B.
Corporations. Such application shall be filed and sworn to by the
applicant if an individual, by the president and secretary, of a corporation.
C.
Publication. The City Administrator/Clerk-Treasurer shall publish
each application for a Class "A", Class "B", "Class A", "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
City 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. The provisions of § 125.51(4), Wis. Stats.,
are hereby recognized and the number of persons and places that may
be granted retail "Class B" liquor licenses are hereby limited in
accordance with such provisions.
[Amended 10-10-2006 by Ord. No. 2006-20]
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 who are citizens of the United States
and who have been residents of the State of Wisconsin 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/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 § 125.04(5)(a)1
and 4 and (b), Wis. Stats., unless the agent of the corporation appointed
under § 125.04(6) and the officers and directors of the
corporation meet the qualifications of § 125.04(5)(a)1 and
3 and (b) and unless the agent of the corporation appointed under
§ 125.04(6) meets the qualification under § 125.04(5)(a)2.
The requirement that the corporation meet the qualifications under § 125.04(5)(a)1
and (b) does not apply if the corporation has terminated its relationship
with all of the individuals whose actions directly contributed to
the conviction.
(2)
The City may require that each corporate applicant 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 City
Administrator/Clerk-Treasurer 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 § 125.12, 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 § 77.61(11), Wis. Stats.,
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.
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. Except for hotels, if either
type of license or permit is issued for the same or connecting premises
already covered by the other type of license or permit, the license
or permit last issued is void. If both licenses or permits are issued
simultaneously, both are void.
H.
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 the 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.
(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.
I.
Separate license required for each place of sale. A separate license
shall be required for each stand, place, room or enclosure or for
each suite of rooms or enclosures which are in a direct connection
or communication where intoxicating liquor or 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.
The City Administrator/Clerk-Treasurer shall notify the Chief
of Police, 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, and whether the applicant is a proper recipient of a license.
These officials shall furnish to the City Administrator/Clerk-Treasurer
in writing, who shall forward to the Common Council, 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.
Specific approval or denial criteria.
(1)
No license shall be granted for operation on any premises for which
taxes, assessments, forfeitures or other financial claims of the City
are delinquent and unpaid.
(2)
No license shall be issued unless the premises conform 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 City.[1]
(3)
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.
(4)
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 the five years immediately preceding the license application.
Because a license is a privilege, the issuance of which is a right
granted solely to the Common Council, the Common Council 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 Council, at its discretion, may, based upon
an arrest or conviction record of two or more offenses which are substantially
related to the licensed activity within the five years immediately
preceding, act to suspend such license for a period of one year or
more.
B.
General guidelines for issuance or denial of licenses. The Common
Council shall apply the following guidelines when considering whether
to issue or deny a license under this article:
[Amended 10-10-2006 by Ord. No. 2006-20]
(1)
Compliance with all statutory and ordinance requirements.
(2)
Subject to § 111.335, Wis. Stats., the character of the
applicant, agent, managerial personnel, and/or the directors and stockholders
of a corporation where disclosure of the stockholders is required
and past experience with the police, if any, of any of these individuals.
(3)
The applicant's and manager's experience in operating a
licensed establishment and his/her capability to do so as they relate
to the establishment for which the license is sought.
(4)
The level of the applicant's and managerial personnel's
knowledge of alcoholic beverage regulations.
(5)
The design, type and size of the proposed establishment and the operational
details (number of floor personnel and door checkers; the groups to
which the proposed establishment intends to cater; noise, crowd, parking
lot control methods; existing outdoor facilities; plans for live entertainment).
(6)
Proximity to other licensed establishments, residential complexes
or areas, public buildings, unlicensed businesses, etc.
(7)
The availability of parking for patrons.
(8)
The ease of access to the premises by police and fire department
personnel for inspections and enforcement of firefighting efforts.
(9)
The impact on surrounding neighbors and other businesses involving
increased traffic, noise, litter, influx of additional persons into
the neighborhood and the impact on maintenance, development or improvement
of adjacent and nearby properties.
(10)
The impact on the ability or capability of the police to provide
service to the new establishment and the impact of the new establishment
on police capability to provide service to the balance of the community
at all times.
(11)
The level of community, neighborhood, and alderperson support
for, or opposition to, the establishment.
(12)
The license applicant should show the proposed establishment
is not detrimental to the community.
(13)
No new license will be issued for a second floor or basement
location, except for restaurants and hotels.
(14)
Is there a previous license at this location; what if any, changes
are being proposed?
(15)
Are there any agreed to restrictions that would enhance the
application, i.e., service bar only, beer only, the hours the business
is open, number of bar stools, etc.
(16)
The City is under no obligation to issue a liquor license solely
because one is available and applications have been received. The
City retains the right to hold a license in reserve, if deemed appropriate.
(17)
The following shall serve as additional guidelines to be reviewed
as part of issuing a liquor license:
(a)
Tax base provided. Would the business endeavor add significantly
to the City's tax base?
(b)
Jobs created/pay rate. To what degree would new employment be
created and how many positions are of a nature (based on number of
hours and compensation) to attract new residents to the City?
(c)
Property improvement. Will the business bring new construction,
renovate a deteriorating building or make use of a vacant structure?
(d)
Need for services. Would the business require a significant
level of essential City services (i.e., police, fire, sewer, water,
etc.)?
A.
Opportunity shall be given by the governing body to any person to
be heard for or against the granting of any license. Upon the approval
of the applicant by the Common Council, the City Administrator/Clerk-Treasurer
shall issue to the applicant a license, upon payment by the applicant
of the license fee to the City.
B.
If the Common Council denies the license, the applicant shall be
notified in writing, by certified mail or personal service, of the
reasons for the denial. The notice shall also inform the applicant
of the opportunity to appear before the Common Council and to provide
evidence as to why the denial should be reversed. In addition, the
notice shall inform the applicant 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 Common Council consents to the request.
Such written notice shall be mailed or served upon the applicant at
least 10 days prior to the Common Council meeting at which the application
is to be reconsidered.
A.
Procedure; premises to premises transfers. 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 Common Council. An application for transfer shall be made on a form furnished by the City Administrator/Clerk-Treasurer. Transfers shall be authorized in the event that the place or premises so licensed are permanently changed to another location within the City. Proceedings for such transfer shall be had in the same form and manner as the original application. The fee for such transfer is as noted in the Schedule of Fees of Chapter 182, Fees. Whenever a license is transferred, the City Administrator/Clerk-Treasurer 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 must apply to the City for reissuance of said license and the City, as the licensing authority, shall in no way be bound to reissue said license to said subsequent purchaser.[1]
B.
From person to person.
(1)
Licenses to sell alcohol beverages may be transferred to persons
other than the licensee if the licensee, or an applicant for a subsequently
granted license, dies, becomes bankrupt or makes an assignment for
the benefit of creditors during the license year or after filing the
application. If a retail licensee becomes disabled, the City may,
upon application, transfer the license to the licensee's spouse
if that spouse may hold a license under § 125.04(5), Wis.
Stats., and complies with all of the requirements under this article
applicable to original applicants, except that the spouse is exempt
from payment of the license fee for the year in which the transfer
takes place.
(2)
Upon the happening of any of the events under Subsection B(1), the personal representative, the surviving spouse if a personal representative is not appointed, the trustee or the receiver may continue or sell or assign the business.
(3)
If the business is sold or assigned, the license may be transferred
to the successor owner or assignee at no charge if:
C.
Change of agent. Whenever the agent of a corporate holder of a license
is for any reason replaced, the licensee shall give the City Administrator/Clerk-Treasurer
written notice of said replacement, the reasons therefor and the new
appointment. Until the next regular meeting or special meeting of
the Common Council, 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 City Administrator/Clerk-Treasurer of notice of disapproval
of the successor agent by the Wisconsin Department of Revenue or other
peace officer 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 Common
Council until the successor agent or another qualified agent is appointed
and approved by the City.
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
City Administrator/Clerk-Treasurer shall submit to the State of Wisconsin
the list of licenses as required by § 125.04(4), Wis. Stats.
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 to be
permitted to post it 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", or
"Class C" licenses granted hereunder shall be granted subject to the
following conditions, and all other conditions of this section, and
subject to all other ordinances and regulations of the City 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 City 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 City 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 minors. No retail "Class A" or Class "B" licenses shall
employ any person, underage person as defined in the Wisconsin Statutes,
but this shall not apply to hotels, drugstores, restaurants, grocery
stores, bowling centers, service stations, and other facilities as
enumerated in § 125.07(3), Wis. Stats. Family members may
work on the licensed premises but are not permitted to sell or dispense
alcoholic beverages.
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", Class "B", or "Class C" license, at all times,
the licensee, members of the licensee's immediate family who
have attained the legal drinking age, 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/she possesses
an operator's license, or there is a person with 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 licenses issued under this article.
No "Class B" or "Class C" license shall be issued unless the premises
to be licensed conform to such rules and regulations.[1]
F.
Restrictions near schools and churches. No retail Class "A", Class
"B", "Class A" 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 public school, parochial school, hospital or church,
unless this restriction is waived by majority vote of the Common Council.
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 to 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. However, § 125.68(3)(c), Wis.
Stats., exempts a restaurant within 300 feet of a church where the
sale of alcoholic beverages is less than 50% of the gross receipts.
G.
Clubs. No club shall give away any intoxicating liquors.
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", "Class
B", or "Class C" liquor, wine, or fermented malt beverage 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 to 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 or 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.
Closing hours shall be established in conformance with §§ 125.32(3)
and 125.68(4), Wis. Stats., and further restricted as follows:
A.
Class "B" licenses.
(1)
No premises for which a retail "Class B" liquor, Class "B" fermented
malt beverage, or "Class C" wine license has been issued shall be
permitted to remain open for the sale of liquor or fermented malt
beverages or for any other purpose between the hours of 2:00 a.m.
and 6:00 a.m., Monday through Friday, and 2:30 a.m. and 6:00 a.m.,
Saturday and Sunday except that, on the Sunday that daylight saving
time begins as specified in § 175.095(2), Wis. Stats., no
premises may remain open between 3:30 a.m. and 6:00 a.m. There shall
be no closing hours on January 1.
(2)
Hotels and restaurants, the principal business of which is the furnishing of food or lodging to patrons, bowling alleys, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but shall not sell liquor or malt beverages during the closing hours of Subsection A(1) above.
B.
Carry-out hours. Between 9:00 p.m. and 6:00 a.m., no person may sell,
remove, carry out or permit to be removed or carried out from any
premises having a "Class A" or Class "A" license, fermented malt beverages
in original unopened packages, containers or bottles or for consumption
away from the premises. Class "B" and "Class B" may offer carry-out
sales until 12:00 midnight.
It shall be unlawful for any person or organization on a temporary
basis to sell or offer to sell any alcohol beverage upon any City-owned
property or privately-owned property within the City of Princeton,
except through the issuance of a temporary Class "B" fermented malt
beverage license or temporary "Class B" wine license issued by the
Common Council 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 City-owned property or privately-owned property
may be authorized by the Common Council provided the following requirements
are met:
A.
Compliance with eligibility standards. The organization shall meet the eligibility requirements of a bona fide club, association, lodge or society as set forth in § 125.26(6), Wis. Stats., and shall fully comply with the requirements of this section and § 225-30. Members of an organization which is issued a temporary license and who are issued operator's licenses for the event shall 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 without proper identification.
C.
Fencing. If necessary due to the physical characteristics of the
site, the Common Council may require that organizations install a
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.
Where possible, there shall be only one point of ingress and egress.
When required, the fence shall be a minimum of four feet high.
D.
Underage persons prohibited. No persons under age 18 shall be allowed
to assist in the sale of fermented malt beverages or wine at any point
of sale, nor shall underage persons be allowed to loiter or linger
in the area of any point of sale.
E.
Licensed operators requirement. A licensed operator shall be stationed
at all points of sales at all times.
F.
Waiver. The Common Council may waive or modify the requirements of
this section due to the physical characteristics of the licensed site.
G.
Insurance. The applicant for a temporary fermented malt beverage
or wine license may be required to indemnify, defend and hold the
City and its employees and agents harmless against all claims, 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 City of Princeton. The applicant
may be required to furnish a performance bond prior to being granted
the license.
H.
Beer and liquor not to be carried in. No person shall bring fermented
malt beverages or intoxicating liquor in any form of a container with
him/her, or in his/her automobile, to any public function within the
City of Princeton for his/her own consumption, or consumption of others;
except only under permission of the Common Council granted for such
function. The term "public function" shall be construed to mean any
function that is open to the general public for an admission charge
or without admission charge upon any premises in the City.
I.
Inspection of containers. The licensee or those acting on his/her
behalf shall be entitled to inspect any containers being brought onto
the licensed premises and may refuse entry to any person who is in
possession of any prohibited items and may confiscate the prohibited
items. Any person who surrenders the prohibited item or leaves the
premises immediately with the prohibited item shall not be charged
with a violation of this subsection.
J.
Containers used for sale. Licensees shall sell alcohol beverages
in paper containers, cardboard containers, plastic containers or in
the original cans. Glass containers shall not be allowed.
A.
Procedure. Whenever the holder of any license under this article violates any portion of this article or Article II, Offenses Involving Alcoholic Beverages, of this chapter, proceedings for the revocation of such license may be instituted in the manner and under the procedure established by this section.
B.
Abandonment of premises. Any licensee holding a license to sell alcohol
beverages who abandons such business shall forfeit any right or preference
he/she may have to the holding of or renewal of such license. Abandonment
shall be sufficient grounds for revocation of any alcohol beverage
license. The closing of the licensed premises for at least six months
shall be prima facie evidence of the abandonment, unless extended
by the Common Council for up to six months or is used occasionally
by a business providing on-premises catering or special event facilities.
All persons issued a license to sell alcohol beverages in the City
for which a quota exists limiting the number of such licenses that
may be issued by the City shall cause such business described in such
license to be operated on the premises described in such license for
at least 150 days during the terms of such license, unless such license
is issued for a term of less than 180 days, in which event this subsection
shall not apply.
C.
License revocation, suspension and nonrenewal.
(1)
The license of any person issued hereunder shall be subject to revocation,
suspension or refusal to renew for violations of this article or of
Ch. 125, Wis. Stats., for any of the following nonexclusive reasons:
(a)
Violation of this article or of Ch. 125, Wis. Stats.
(b)
Maintaining a disorderly, riotous, indecent, or improper house.
(c)
Giving or selling alcoholic beverages to known habitual drunkards.
(d)
Failing to possess the qualifications required to obtain a license
under this article or state law.
(e)
Conviction of manufacturing, distributing or delivering a controlled
substance or controlled substance analog under § 961.41(1),
Wis. Stats.; of possession, with intent to manufacture, distribute
or deliver a controlled substance or controlled substance analog under
§ 961.41(1m), Wis. Stats.; or of possessing, with intent
to manufacture, distribute or deliver, or of manufacturing, distributing
or delivering a controlled substance or controlled substance analog
under a substantially similar federal law or a substantially similar
law of another state.
(f)
Knowingly allowing another person, who is on the premises for
which the license under this article is issued, to possess, with the
intent to manufacture, distribute or deliver, or to manufacture, distribute
or deliver a controlled substance or controlled substance analog.
(g)
Discontinuance or abandonment of use of a licensed premises
for a period exceeding 90 days.
(h)
Failure to file an application of renewal prior to expiration
of the license.
(3)
In addition to the foregoing, a license is subject to nonrenewal
if the applicant or premises to be licensed is in debt to the City
of Princeton as and for personal property taxes, water usage, or such
other sum as shall be legitimately assessed by the City.
D.
Point system.
(1)
In order to form a basis for suspension, revocation, nonissuance,
or nonrenewal, the following demerit system is hereby established
to identify habitually troublesome license holders who have repeatedly
violated state statutes or City ordinances, or the similar ordinances
of any other Wisconsin jurisdiction issuing licenses pursuant to Ch.
125, Wis. Stats., for the purpose of recommending suspension, revocation,
nonissuance, or nonrenewal of license to the Common Council, and appropriate
action thereby. Demerit points shall be assessed against the license
record of any license applicant or license issued by the City of Princeton
irrespective of the location of such violation according to the following
schedule:
|
Violation
|
Point Value
| |
|---|---|---|
|
Sale of alcohol beverage without license
|
100
| |
|
Sale of alcohol beverage to underaged person
|
25
| |
|
Sale of alcohol beverage to intoxicated person
|
25
| |
|
Underaged person on premises
|
25
| |
|
Intoxicated bartender
|
25
| |
|
After-hours consumption
|
25
| |
|
Refusal to allow police to search premises or refusal to cooperate
with lawful police investigation
|
25
| |
|
Licensee, agent or operator to be on premises at all times
|
25
| |
|
On premises after closing hours
|
25
| |
|
No carry-out, restricted to appropriate hours
|
25
| |
|
Permit person to leave licensed premises with open alcohol beverage
|
25
| |
|
All other violations of Ch. 125, Wis. Stats., the Princeton
Municipal Code, or corresponding ordinance of any other Wisconsin
alcohol beverage licensing jurisdiction
|
25
|
(2)
Any license applicant or license holder who shall have accumulated, or who shall accumulate, demerit points in accordance with the following schedule may be denied an original or renewal license by the Common Council, or may have any license suspended or revoked by the Common Council in accordance with § 125.12, Wis. Stats., or Subsection D(1) above:
|
Demerit points accumulated in previous 12-month period
by applicant/license holder
(number of points)
|
Period of Suspension/Revocation
| |
|---|---|---|
|
100
|
10 days' suspension
| |
|
150
|
30 days' suspension
| |
|
175
|
60 days' suspension
| |
|
200
|
120 days' suspension
| |
|
Greater than 200
|
1-year revocation
|
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 Police
Department 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 nonalcohol 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 Police Department during normal working hours (8:00
a.m. to 4:00 p.m., Monday through Friday) and shall be given on forms
prescribed by the Department. After a nonalcohol event notice has
been given, the licensee may cancel an event(s) only by giving like
notice to the Department 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 nonalcohol event, a notice card prescribed
by the Police Department 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 Department to a requesting licensee.
C.
Once a nonalcohol 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 nonalcohol event, all alcohol beverages
shall be stored in a locked portion of the licensed premises in a
secure place out of the 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.
[Amended 5-9-2006 by Ord. No. 2006-13; 5-22-2007 by Ord. No.
2007-06; 6-12-2007 by Ord. No. 2007-07; 7-20-2010 by Ord. No.
2010-05]
A.
OUTDOOR AREA
OUTDOOR PREMISES
Introduction and definitions. All regularly operating establishments
wishing to serve alcoholic beverages in the City of Princeton are
required to obtain a license to serve alcoholic beverages in the open-air/beer
garden portion of their establishment. No holder of a "Class B", Class
"B" and/or "Class C" license may operate under said license(s) in
any outdoor area, whether or not said outdoor area was included in
a description of the premises, without first having obtained the permission
of the Common Council subject to the conditions of this section. Approval
under this subsection by the Common Council shall result in the outdoor
area becoming a part of the description of the premises, with said
outdoor area also being subject to all state and City laws, rules,
regulations, and lawful orders governing "Class B", Class "B" and/or
"Class C" premises. As used in this subsection:
An area, whether or not enclosed by a roof, which is open
to the elements, and which is not constructed for year-round use.
A licensed premises located in an outdoor area.
B.
Application.
(1)
The application for said license shall be obtained from the City
office and must be fully completed and signed, along with a sketch
showing the location of any proposed structural provisions for the
creation of an outdoor location for the consumption of alcoholic beverages
and shall indicate the nature of the fencing or other measures intended
to provide control over the operation. It shall clearly define the
space to be used for such purpose. No permit shall be issued a permit
for an open-air alcoholic beverage/beer garden if the area is greater
than 50% of the gross floor area of the adjoining licensed premises.
In the event that such map is omitted and the "Class B", Class "B"
and/or "Class C" license is granted and issued, said license shall
not be deemed to include an outdoor area within the description of
the licensed premises.
(2)
The annual fee for said license is established by majority vote by the Princeton City Council. The application shall be accompanied by payment of a fee as prescribed in Chapter 182, Fees, for review of the application.
(3)
The term of the license shall be established as July 1 to June 30
of the following year.
C.
Requirements. Outdoor premises approved under this section are subject
to the following requirements:
(1)
Outdoor premises may be permitted only on properties located in B-1 Central Business District; B-2 General Commercial District, B-3 Highway Commercial District and PUD Planned Unit Development zoning districts as those terms are defined in Chapter 430, Zoning,[1] subject to the conditional site plan review requirement of Chapter 430.
(2)
Outdoor premises shall not be located in any actual or required yard
area that directly abuts an adjoining property used for residential
purposes, unless the following additional conditions are met:
(3)
The space should utilize some form of material(s) different from
the underlying grass, gravel or asphalt to clearly define the space.
The separation from other surrounding uses shall be by means of a
barrier such as an attractive fence, wall, posts and ropes (not less
than 3/4 inch in diameter), or for structurally enclosed areas the
outside point of ingress/egress shall be closed with a similar-size
rope, gate or door with no open point(s) of ingress except through
the bar area within the building.
(4)
If the outdoor premises are located in the front yard of the licensed
premises, it shall be completely surrounded by an attractive wall
or fence (not height restricted).
(5)
Service in the outdoor premises shall be limited to persons seated
at tables or at a bar, including at tables in the open-air area.
(6)
The outdoor premises shall only be used for serving food and alcohol
and no part of said area shall be used for recreational activities,
including, but not limited to, volleyball, horseshoes, darts, and
softball. This subsection does not affect the licensing provisions
for fraternal, volunteer or nonprofit organizations.
(7)
Lighting of the area must be shielded and not be of intensity or
brilliance to create glare which is distracting to adjoining property
owners or can become a hazard or danger to vehicular traffic.
(8)
Noise from any source that is emitted from the outdoor area and measured
at any border of the real property on which the licensed premises
is located shall not exceed 85 db from 7:00 a.m. to 9:00 p.m. and
75 db from 9:00 p.m. until closing.
(9)
License holders shall be directly responsible for the conduct of their patrons. Rare occasions of rowdy or disorderly conduct requiring the intervention of the Princeton Police Department, with the cooperation of the proprietor and/or employees shall be deemed to be reasonable assistance to a local business. Three or more noise complaints filed against the owner of an outdoor premises during a license period (July 1 to June 30), and verified by the Police Department, shall constitute sufficient grounds to revoke the outdoor premises permit granted under this section, subject to the hearing requirement under § 225-17.
A.
Authority.
(1)
The Common Council of the City of Princeton has explicit authority
under § 125.10(1), Wis. Stats., to adopt regulations governing
the sale of alcohol beverages which are in addition to those set forth
in Ch. 125, Wis. Stats.; and
(2)
The Common Council has authority under its general police powers
set forth in § 62.11(5), Wis. Stats., to act for the good
order of the municipality and for the health, safety and welfare of
the public; and may carry out its powers by regulation and suppression;
and
(3)
The Common Council recognizes it lacks authority to regulate obscenity
in light of § 66.0107(3), Wis. Stats., and does not intend
by adopting this section to regulate obscenity, since nudity in and
of itself is not obscene, it declares its intent to enact an ordinance
addressing the secondary effects of live, totally nude, nonobscene,
erotic dancing in bars and taverns; and
(4)
Bars and taverns featuring live totally nude, nonobscene, erotic
dancing have in other communities tended to further the increase of
criminal and other offensive activity, to disrupt the peace and order
of the communities, to depreciate the value of real property, to harm
the economic welfare of the communities and to negatively affect the
quality of life of the communities; and such secondary effects are
detrimental to the public health, safety and general welfare of citizens;
and
(5)
The Common Council recognizes the United States Supreme Court has
held that nude dancing is expressive conduct within the outer perimeters
of the First Amendment to the United States Constitution and therefore
entitled to some limited protection under the First Amendment, and
the governing body further recognizes that freedom of speech is among
our most precious and highly protected rights, and wishes to act consistently
with full protection of those rights; and
(6)
However, the Common Council is aware, based on the experiences of
other communities, that bars and taverns in which live, totally nude,
nonobscene, erotic dancing occurs may and do generate secondary effects
which the governing body believes are detrimental to the public health,
safety and welfare of the citizens of the City of Princeton; and
(7)
Among these secondary effects are:
(a)
The potential increase in prostitution and other sex-related
offenses, as well as other crimes and offenses;
(b)
The potential depreciation of property values in neighborhoods
where bars and taverns featuring nude dancing exist;
(c)
Health risks associated with the spread of sexually transmitted
diseases; and
(d)
The potential for infiltration by organized crime for the purpose
of unlawful conduct; and
(8)
The Common Council desires to minimize, prevent and control these
adverse effects and thereby protect the health, safety and general
welfare of the citizens of the City of Princeton; protect the citizens
from increased crime; preserve the quality of life; preserve the property
values and character of surrounding neighborhoods; and deter the spread
of urban blight; and
(9)
The Common Council has determined that enactment of an ordinance
prohibiting live, totally nude, nonobscene, erotic dancing in bars
and taverns licensed to serve alcohol beverages promotes the goal
of minimizing, preventing and controlling the negative secondary effects
associated with such activity.
B.
Nude dancing in licensed establishments prohibited. 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:
C.
Exemptions. The provisions of this section 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.
D.
LICENSED ESTABLISHMENT
LICENSEE
Definitions. For purposes of this section, the following terms shall
have the meanings indicated:
Any establishment licensed by the Common Council of the City
of Princeton to sell alcohol beverages pursuant to Ch. 125, Wis. Stats.
The holder of a retail "Class A", "Class B", Class "B", Class
"A", or "Class C" license granted by the Common Council of the City
of Princeton pursuant to Ch. 125, Wis. Stats
E.
Penalties. Any person, partnership or corporation who violates any of the provisions of this section shall be subject to a forfeiture pursuant to § 1-3 of Chapter 1, Article I, Construction and Penalties. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this section constitutes sufficient grounds for suspending, revoking or nonrenewing an alcohol beverage license under § 125.12, Wis. Stats.
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 acts of all persons serving any fermented malt beverages to
customers. An operator's license issued in respect to a vessel
under § 125.27(2), Wis. Stats., is valid outside the municipality
that issues it. For the purpose of this section, any person holding
a manager's license under § 125.18, Wis. Stats., or
any member of the licensee's or permittee's immediate family
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.
A.
The Common Council may issue an operator's license, which license
shall be granted only upon application in writing on forms to be obtained
from the City Administrator/Clerk-Treasurer only to persons 18 years
of age or older. Operator's licenses shall be operative only
within the limits of the City.
B.
An operator's license as provided by § 125.17(1),
Wis. Stats., may be issued by the Common Council upon application
in writing, to persons who are age 18 or older. The application shall
state the name, age and residence of the applicant, together with
other information required by the standard state form for such application,
and shall be sworn to by the applicant before an officer authorized
to administer oaths. Each applicant shall personally appear before
the Council when his/her application is examined, and answer any questions
put to him/her by the Council. The Common Council shall grant an operator's
license pursuant to this article to such applicant as it deems fit.
C.
When directed by the Common Council, all applications may be subject
to an investigation by the Chief of Police and/or other appropriate
authority to determine whether the applicant to be licensed complies
with all regulations, ordinances and laws applicable thereto. If so
directed by the Common Council, the Police Department shall conduct
an investigation of the applicant including, but not limited to, requesting
information from the State, surrounding municipalities, and/or any
community where the applicant has previously resided concerning the
applicant's arrest and conviction record. Based upon such investigation,
the Chief of Police shall recommend, in writing, to the Common Council
a minimum of 48 hours prior to the Council's meeting approval
or denial of the application. If the Chief of Police recommends denial,
the Chief of Police shall provide, in writing, the reasons for such
recommendation.
Standard 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.
A.
Fee. The fee for a standard operator's license shall be as prescribed in Chapter 182, Fees. The fee for a provisional operator's license shall be as prescribed in Chapter 182, Fees. In addition, the City of Princeton will require an application fee, in addition to the license fee, as prescribed in Chapter 182, Fees, which together with the license fee, shall be paid at the time that the application is filed by the Administrator/Clerk-Treasurer of said City of Princeton. There is no fee for a temporary license. Upon denial, the operator's license fee may be refunded; the application fee shall be retained by the City.
B.
Provisional license. The City Administrator/Clerk-Treasurer may issue provisional operator's licenses in accordance with § 125.17(5), 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 City Administrator/Clerk-Treasurer may, upon receiving an application for a temporary provisional license, issue such a license without requiring the successful completion of the approved program as described herein. However, such temporary license shall be used only for the purpose of allowing such applicant the privilege of being licensed as a beverage operator pending his/her successful completion of the approved program. A provisional license may not be issued to any person who has been denied an operator's license by the City or who has had his/her operator's license revoked or suspended within the preceding 12 months. The City Administrator/Clerk-Treasurer shall provide an appropriate application form to be completed in full by the applicant. The City Administrator/Clerk-Treasurer may revoke the provisional license issued if he/she discovers that the holder of the license made a false statement on the application. Following completion of the Bartender Awareness Course and notification from the school, the license application will be presented to the Council, with the appropriate fee as prescribed in Subsection A above for an operator's license. If approved by the Council, the operator's license is issued.
C.
Temporary license. The City Administrator/Clerk-Treasurer may issue
a temporary operator's license, at no fee, provided that:
(1)
This license may be issued only to operators employed by, or donating
their services to, nonprofit corporations.
(2)
No person may hold more than one license of this kind per year.
(3)
The license is valid for any period from one day to 14 days, and
the period for which it is valid shall be stated on the license.
A.
After Common Council approval of an application for an operator's
license, the City Administrator/Clerk-Treasurer shall issue the license.
Such licenses shall be issued and numbered in the order they are granted
and shall give the applicant's name and address and the date
of the expiration of such license.
B.
Denial; denial upon reconsideration.
(1)
If the application is denied, the City Administrator/Clerk-Treasurer
shall, in writing, inform the applicant of the denial, the reasons
therefor, and of the opportunity to request a reconsideration of the
application by the Common Council. Such notice must be sent via regular
mail to the applicant at least 10 days prior to the Council's
review of the matter. At such reconsideration hearing, the applicant
may present evidence and testimony as to why the license should be
granted.[1]
(2)
If, upon reconsideration, the Council denies the application, the
City Administrator/Clerk-Treasurer shall notify the applicant in writing
of the reasons therefor. An applicant who is denied any license upon
reconsideration of the matter, may apply to Circuit Court pursuant
to § 125.12(2)(d), Wis. Stats., for review.
C.
Granting or denial; revocation or suspension.
(1)
Consideration for the granting or denial of a license will be based
on:
(2)
If a licensee is convicted of an offense substantially related to
the licensed activity, the Common Council 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 the five years immediately preceding the license application.
Because a license is a privilege, the issuance of which is a right
granted solely to the Common Council, the Common Council 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 Common Council, at its discretion, may, based
upon an arrest or conviction record of two or more offenses which
are substantially related to the licensed activity within the five
years immediately preceding, act to suspend such license for a period
of one year or more.
A.
Except as provided in Subsection B below, the Common Council may not issue an operator’s license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the Technical College System Board or a comparable training course, which may include computer-based training and testing, that is approved by the Department of Revenue or the Educational Approval Board, or unless the applicant fulfills one of the following requirements:[1]
Each license issued under the provisions of this article shall
be posted on the premises whenever the operator dispenses beverages
or be in his/her possession, or carry a license card.
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 the license.
A.
Forfeitures for violations of §§ 125.07(1) to (5) and 125.09(2) of the Wisconsin Statutes, adopted by reference in § 225-1 of this article, shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable state statute, including any variations or increases for subsequent offenses.
B.
Any person who shall violate any provision of this article of the Code of Ordinances of the City of Princeton, 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 City of Princeton, § 1-3.
C.
Nothing herein shall preclude or affect the power of the sentencing
court to exercise additional authorities granted by the Wisconsin
Statutes.
[Adopted as Title 11, Ch. 4, of the City Code]
A.
Alcoholic beverages in public areas.
(1)
Regulations. It shall be unlawful for any person to sell, serve or
give away, or offer to sell, serve or give away, any alcoholic beverage
upon any public street, sidewalk, alley, public parking lot, highway,
park, municipal building, library, cemetery or drives or other public
area within the following described territory in the City of Princeton
or on private property without the owner's consent, except at
licensed premises. It shall be unlawful for any person to consume
or have in his/her possession any open container containing alcohol
beverage upon any public street, public sidewalk, public way, park,
municipal building, library, public alley or public parking lot within
the City of Princeton.
(2)
Private property held out for public use. It shall be unlawful for
any person to consume any alcohol beverages upon any private property
held open for public use within the City unless the property is specifically
named as being part of a licensed premises.
(3)
Exceptions.
(a)
The provisions of this section may be waived by the Common Council
for duly authorized events. Fraternal and service clubs and other
organizations may apply for a permit to have meetings, festivals and
activities held on the public streets or in public areas so that alcoholic
beverages and fermented malt beverages may be consumed during the
time permitted as designated on the permit. Such permit applications
shall be made to the Common Council on forms provided by the City
Administrator/Clerk-Treasurer. The permit shall specify the exact
dates that such activity shall be allowed in public places.
(b)
Any organization which has been issued a temporary fermented malt beverage and/or temporary wine license for a designated area and event pursuant to this Code of Ordinances, provided that the provisions of this article and Article I of this chapter are fully complied with.
(c)
The provisions of this section regarding open consumption of
fermented malt beverages or intoxicating liquor shall not apply within
200 feet of a parade route which the City of Princeton has authorized
from one hour prior to the scheduled start of said parade until one
hour after the end of said parade; except that the foregoing exemption
does not extend to any vehicle or unit of the parade, however propelled,
nor to any parade participant for that period of time during which
the vehicle, unit of the parade or person is participating within
the assembly and disembarkment points of the parade.
B.
ALCOHOLIC BEVERAGE
PUBLIC AREA
UNDERAGE PERSON
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Includes all ardent, spirituous, distilled or vinous liquors,
liquids or compounds, whether medicated, proprietary, patented, or
not, and by whatever name called, as well as all liquors and liquids
made by the alcoholic fermentation of an infusion in potable water
of barley malt and hops, with or without unmalted grains or decorticated
or degerminated grains or sugar, which contain 1/2 of 1% or more of
alcohol by volume and which are fit for use for beverage purposes.
Construed to mean any location within the City which is open
to access to persons not requiring specific permission of the owner
to be at such location, including all parking lots serving commercial
establishments.
Any person under the legal drinking age as defined by the
Wisconsin Statutes.
A.
Sales of alcohol beverages to underage persons.
(1)
No person may procure for, sell, dispense or give away any fermented
malt beverages to any underage person not accompanied by his or her
parent, guardian or spouse who has attained the legal drinking age.
(2)
No licensee or permittee may sell, vend, deal or traffic in alcohol
beverages to or with any underage person not accompanied by his or
her parent, guardian or spouse who has attained the legal drinking
age.
(3)
No adult may knowingly permit or fail to take action to prevent the
illegal consumption of alcohol beverages by an underage person on
premises owned by the adult or under the adult's control. This
subsection does not apply to alcohol beverages used exclusively as
part of a religious service.
B.
Penalties. For purposes of determining previous violations, the thirty-month period shall be measured from the dates of violations that resulted in an imposition of a forfeiture or a conviction. For the purpose of determining whether or not a previous violation has occurred, if more than one violation occurs at the same time, all those violations shall be counted as one violation. A person who commits a violation of Subsection A above may be:
(1)
Required to forfeit not more than $500 if the person has not committed
a previous violation within 30 months of the violation; or
(2)
Fined not more than $500 if the person has committed a previous violation
within 30 months of the violation;
(3)
Fined not more than $1,000 if the person has committed two previous
violations within 30 months of the violation;
(4)
Fined not more than $10,000 if the person has committed three or
more previous violations within 30 months of the violation;
(5)
In addition to the forfeitures provided in Subsection B(1) through (4) above, a court shall suspend any license issued under this article to a person violating this subsection for:
(a)
Not more than three days, if the court finds that the person
committed a violation within 12 months after committing one previous
violation;
(b)
Not less than three days nor more than 10 days, if the court
finds that the person committed a violation within 12 months after
committing two other violations; or
(c)
Not less than 15 days nor more than 30 days, if the court finds
that the person committed the violation within 12 months after committing
three other violations.
A.
Restrictions. An underage person not accompanied by his or her parent,
guardian or spouse who has attained the legal drinking age may not
enter, knowingly attempt to enter, or be on any premises for which
a license or permit for the retail sale of alcohol beverages has been
issued for any purpose except the transaction of business pertaining
to the licensed premises with or for the licensee or his or her employee.
The business may not be amusement or the purchase, receiving or consumption
of edibles or beverages or similar activities which normally constitute
activities of a customer of the premises. This subsection does not
apply to:
(1)
An underage person who is a resident, employee, lodger or boarder
on the premises controlled by the proprietor, licensee or permittee
of which the licensed premises consists or is a part.
(2)
An underage person who enters or is on a "Class A" or Class "A" premises
for the purpose of purchasing other than alcohol beverages. An underage
person so entering the premises may not remain on the premises after
the purchase.
(3)
Hotels, drugstores, grocery stores, bowling alleys, indoor golf simulator
facilities, service stations, vessels, cars operated by any railroad,
regularly established athletic fields, outdoor volleyball courts that
are contiguous to a licensed premises, stadiums or public facilities
as defined in § 125.51(5)(b)1.d, Wis. Stats., which are
owned by a county or municipality, or centers for the visual, or performing
arts.
(4)
Premises in the state fair park, concessions authorized on state-owned
premises in the state parks and state forests as defined or designated
in Chs. 27 and 28, Wis. Stats., and parks owned or operated by agricultural
societies.
(5)
Ski chalets, golf courses and golf clubhouses, racetracks licensed
under Ch. 562, Wis. Stats., curling clubs, private soccer clubs and
private tennis clubs.
(6)
Premises operated under both a "Class B" or Class "B" license or
permit and a restaurant permit where the principal business conducted
is that of a restaurant. If the premises are operated under both a
"Class B" or Class "B" license or permit and a restaurant permit,
the principal business conducted is presumed to be the sale of alcohol
beverages, but the presumption may be rebutted by competent evidence.
(7)
Premises operating under both a "Class C" license and a restaurant
permit.
(8)
An underage person who enters or remains in a room on Class "B" or
"Class B" licensed premises separate from any room where alcohol beverages
are sold or served, if no alcohol beverages are furnished or consumed
by any person in the room where the underage person is present and
the presence of underage persons is authorized under this subsection.
(An underage person may enter and remain on Class "B" or "Class B"
premises under this subsection only if the City adopts an ordinance
permitting underage persons to enter and remain on the premises as
provided in this subsection and the City Police Department issues
to the Class "B" or "Class B" licensee a written authorization permitting
underage persons to be present under this subsection on the date specified
in the authorization. Before issuing the authorization, the City Police
Department shall make a determination that the presence of underage
persons on the licensed premises will not endanger their health, welfare
or safety or that of other members of the City. The licensee shall
obtain a separate authorization for each date on which underage persons
will be present on the premises.)
(9)
A person who is at least 18 years of age and who is working under
a contract with the licensee, permittee or corporate agent to provide
entertainment for customers on the premises.
(10)
An underage person who enters or remains on Class "B" or "Class
B" licensed premises on a date specified by the licensee or permittee
during times when no alcohol beverages are consumed, sold or given
away. During those times, the licensee, the agent named in the license
if the licensee is a corporation or limited liability company or a
person who has an operator's license shall be on the premises
unless all alcohol beverages are stored in a locked portion of the
premises. The licensee shall notify the Police Department, in advance,
of the times underage persons will be allowed on the premises under
this subsection.
(11)
An underage person who enters or remains in a dance hall attached
to Class "B" or "Class B" licensed premises if the dance hall is separate
from any room where alcohol beverages are sold, if these is a separate
entrance to the dance hall and if no alcohol beverages are furnished
or consumed by any person in the dance hall where the underage person
is present.
(12)
An underage person who enters and remains on premises for which
a temporary Class "B" license is issued under § 125.26,
Wis. Stats., if the licensee is authorized by the official or body
of the City that issued the license to permit underage persons to
be on the premises under § 125.26(6), Wis. Stats., and if
the licensee permits underage persons to be on the premises.
A.
Prohibitions. Any underage person who does any of the following is
guilty of a violation:
(1)
Procures or attempts to procure alcohol beverages from a licensee
or permittee.
(2)
Unless accompanied by a parent, guardian or spouse who has attained
the legal drinking age, possesses or consumes alcohol beverages on
licensed premises.
(4)
Falsely represents his or her age for the purpose of receiving alcohol
beverages from a licensee or permittee.
B.
Adult to accompany. Except as provided in Subsection C below, any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age who knowingly possesses or consumes fermented malt beverage is guilty of a violation.
C.
Exceptions. An underage person may possess alcohol beverages in the
course of employment during his or her working hours if employed by
any of the following:
(1)
A brewer.
(2)
A fermented malt beverages wholesaler.
(3)
A permittee other than a Class "B" or "Class B" permittee.
(4)
A facility for the production of alcohol fuel.
(5)
A retail licensee or permittee under the conditions specified in
§ 125.32(2) or 125.68(2), Wis. Stats., or for delivery of
unopened containers to the home or vehicle of a customer.
(6)
A campus, if the underage person is at least 18 years of age and
is under the immediate supervision of a person who has attained the
legal drinking age.
D.
Penalties for Subsection A violations. Any person violating Subsection A is subject to the following penalties:
(1)
For a first violation, a forfeiture of not more than $250, suspension of the person's operating privilege as provided under § 343.30(6)(b)1, Wis. Stats., participation in a supervised work program or other community service work under Subsection G or any combination of these penalties.
(2)
For a violation committed within 12 months of a previous violation, either a forfeiture of not less than $300 not more than $500, suspension of the person's operating privilege as provided under § 343.30(6)(b)(1), Wis. Stats., participation in a supervised work program or other community service work under Subsection G or any combination of these penalties.
(3)
For a violation committed within 12 months of two previous violations, either a forfeiture of not less than $500 nor more than $750, revocation of the person's operating privilege under § 343.30(6)(b)3, Wis. Stats., participation in a supervised work program or other community service work under Subsection G or any combination of these penalties.
(4)
For a violation committed within 12 months of three or more previous
violations, either a forfeiture of not less than $700 nor more than
$1,000, revocation of the person's operating privilege under
§ 343.30(6)(b)3, Wis. Stats., participation in a supervised
work program or other community service work or any combination of
these penalties.
E.
Penalties for Subsection B violations. Any person violating Subsection B above is subject to the following penalties:
(1)
For a first violation, a forfeiture of not less than $100 nor more than $200, suspension of the person's operating privilege as provided under § 343.30(6)(b)1, Wis. Stats., participation in a supervised work program or other community service work under Subsection G, or any combination of these penalties.
(2)
For a violation committed within 12 months of a previous violation, either a forfeiture of not less than $200 nor more than $300, suspension of the person's operating privilege as provided under § 343.30(6)(b)2, Wis. Stats., participation in a supervised work program or other community service work under Subsection G, or any combination of these penalties.
(3)
For a violation committed within 12 months of two previous violations, either a forfeiture of not less than $300 nor more than $500, revocation of the person's operating privilege under § 343.30(6)(b)3, Wis. Stats., participation in a supervised work program or other community service work under Subsection G, or any combination of these penalties.
(4)
For a violation committed within 12 months of three or more previous violations, either a forfeiture of not less than $500 nor more than $1,000, revocation of the person's operating privilege under § 343.30(6)(b)3, Wis. Stats., participation in a supervised work program or other community service work under Subsection G, or any combination of these penalties.
G.
Work programs.
(1)
A supervised work program ordered under Subsection D or E above shall be administered by the county department under § 46.215 or 46.22, Wis. Stats., or by a community agency approved by the court. The court shall set standards for the supervised work program within the budgetary limits established by the county Board of Supervisors. The supervised work program may provide the person with reasonable compensation reflecting the market value of the work performed or it may consist of uncompensated community service work. Community service work ordered under Subsection D or E, other than community service work performed under a supervised work program, shall be administered by a public agency or nonprofit charitable organization approved by the court. The court may use any available resources, including any community service work program, in ordering the child to perform community service work under Subsection D or E.
(2)
The supervised work program or other community service work shall
be of a constructive nature designed to promote the person's
rehabilitation, shall be appropriate to the person's age level
and physical ability and shall be combined with counseling from a
member of the staff of the county department, community agency, public
agency or nonprofit charitable organization or other qualified person.
The supervised work program or other community service work may not
conflict with the person's regular attendance at school. The
amount of work required shall be reasonably related to the seriousness
of the person's offense.
H.
Disclosure of license revocation information. When a court revokes or suspends a person's operating privilege under Subsection D or E, the Wisconsin Department of Transportation may not disclose information concerning or relating to the revocation or suspension to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency or the person whose operating privilege is revoked or suspended. A person entitled to receive information under this subsection may not disclose the information to any other person or agency.
I.
Applicability of statutory proceedings. A person who is under 18
years of age on the date of disposition is subject to § 938.344,
Wis. Stats., unless proceedings have been instituted against the person
in a court of civil or criminal justice after dismissal of the citation
under § 938.344(3), Wis. Stats.
J.
Alcohol abuse programs.
(2)
After ordering a penalty under Subsection D or E, the court, with the agreement of the defendant, may enter an additional order staying the execution of the penalty order and suspending or modifying the penalty imposed. The order under this subsection shall require the defendant to do any of the following:
(a)
Submit to an alcohol abuse assessment that conforms to the criteria
specified under § 938.547(4), Wis. Stats., and that is conducted
by an approved treatment facility. The order shall designate an approved
treatment facility to conduct the alcohol abuse assessment and shall
specify the date by which the assessment must be completed.
(b)
Participate in an outpatient alcohol abuse treatment program at an approved treatment facility, if an alcohol abuse assessment conducted under Subsection J(2)(a) recommends treatment.
(c)
Participate in a court-approved alcohol abuse education program.
(3)
If the approved treatment facility, with the written informed consent of the defendant, notifies the agency primarily responsible for providing services to the defendant that the defendant has submitted to an assessment under Subsection J(2)(a) and that the defendant does not need treatment or education, the court shall notify the defendant of whether or not the penalty will be reinstated.
(4)
If the defendant completes the alcohol abuse treatment program or court-approved alcohol abuse education program, the approved treatment facility or court-approved alcohol abuse education program shall, with the written informed consent of the defendant, notify the agency primarily responsible for providing services to the defendant that the defendant has complied with the order and the court shall notify the defendant of whether or not the penalty will be reinstated. If the court had ordered the suspension of the defendant's operating privilege under Subsection D or E, the court may order the Secretary of Transportation to reinstate the operating privilege of the defendant if he or she completes the alcohol abuse treatment program or court-approved alcohol abuse education program.
(5)
If an approved treatment facility or court-approved alcohol abuse education program, with the written informed consent of the defendant, notifies the agency primarily responsible for providing services to the defendant that the defendant is not participating in the program or that the defendant has not satisfactorily completed a recommended alcohol abuse treatment program or an education program, the court shall hold a hearing to determine whether the penalties under Subsection D or E should be imposed.
A.
Defenses. In determining whether or not a licensee or permittee has violated § 225-31A or § 225-32A, all relevant circumstances surrounding the presence of the underage person or the procuring, selling, dispensing or giving away of alcohol beverages may be considered, including any circumstances listed below. In addition, proof of all of the following facts by a seller of alcohol beverages to an underage person is a defense to any prosecution for a violation of this section:
(1)
That the purchaser falsely represented that he or she had attained
the legal drinking age.
(2)
That the appearance of the purchaser was such that an ordinary and
prudent person would believe that the purchaser had attained the legal
drinking age.
(3)
That the sale was made in good faith and in reliance on the written
representation and appearance of the purchaser in the belief that
the purchaser had attained the legal drinking age.
B.
Book kept by licensees and permittees.
(1)
Every retail alcohol beverage licensee or permittee may keep a book for the purposes of Subsection A above. The licensee or permittee or his or her employee may require any of the following persons to sign the book:
(a)
A person who has shown documentary proof that he or she has
attained the legal drinking age if the person's age is in question.
(b)
A person who alleges that he or she is the underage person's
parent, guardian or spouse and that he or she has attained the legal
drinking age, if the licensee or permittee or his or her employee
suspects that he or she is not the underage person's parent,
guardian or spouse or that he or she has not attained the legal drinking
age.
(2)
The book may show the date of the purchase of the alcohol beverage,
the identification used in making the purchase or the identification
used to establish that a person is an underage person's parent,
guardian or spouse and has attained the legal drinking age, the address
of the purchase and the purchaser's signature.
A.
Fines.
(1)
Any person who has attained the legal drinking age, other than one
authorized by § 343.50, Wis. Stats., who makes, alters or
duplicates an official identification card may be fined not less than
$100 nor more than $1,000.[1]
(2)
Any person who has attained the legal drinking age who, in applying
for an identification card, presents false information to the issuing
officer may be fined not less than $100 nor more than $1,000.
B.
Any underage person who does any of the following is subject to the penalties specified under § 225-33D or E:
(1)
Intentionally carries an official identification card not legally
issued to him or her, an official identification card obtained under
false pretenses or an official identification card which has been
altered or duplicated to convey false information. A law enforcement
officer shall confiscate any card that violates this subsection.
(2)
Makes, alters or duplicates an official identification card.
(3)
Presents false information to an issuing officer in applying for
an official identification card.
A.
MOTOR VEHICLE
SCHOOL
SCHOOL ADMINISTRATOR
SCHOOL PREMISES
Definitions. In this section,
the following terms shall have the meanings indicated:
A motor vehicle owned, rented or consigned to a school.
A public, parochial or private school which provides an educational
program for one or more grades between grades 1 and 12 and which is
commonly known as an "elementary school," "middle school," "junior
high school," "senior high school" or "high school."
The person designated by the governing body of a school as
ultimately responsible for the ordinary operations of a school.
Premises owned, rented or under the control of a school.
C.
Alcohol beverages may be possessed or consumed on school premises,
in motor vehicles or by participants in school-sponsored activities
if specifically permitted in writing by the school administrator consistent
with applicable laws and ordinances.
A.
No adult may knowingly permit or fail to take action to prevent the
illegal consumption of alcohol beverages by an underage person on
premises owned by the person or under the person's control. This
subsection does not apply to alcohol beverages used exclusively as
part of a religious service.
C.
A person who violates this section is subject to a forfeiture of
not more than $500.
Any licensee, permittee or bartender of a retail alcohol beverage
establishment covered by a license or permit issued by the City who
permits an entertainer or an employee to solicit a drink of any alcohol
beverage defined in § 125.02(1), Wis. Stats., or any other
drink from a customer on the premises, or any entertainer or employee
who solicits such drinks from any customer is deemed in violation
of this section.
