[HISTORY: Adopted by the Town Board of the Town of Herman
at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Amendments noted where applicable.]
The provisions of Ch. 125, Wis. Stats., 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 chapter 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 chapter. Any
future amendments, revisions or modifications of the statutes incorporated
herein are intended to be made a part of this chapter in order to
secure uniform statewide regulation of alcohol beverage control.
As used in this chapter the terms "alcohol beverages," "intoxicating
liquor," "principal business," "legal drinking age," "premises," "sell,"
"sold," "sale," "restaurant," "club," "retailer," "person," "fermented
malt beverages" and "wholesaler" 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 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 chapter nor without complying with all
the provisions of this chapter, and all statutes and regulations applicable
thereto, except as provided by §§ 125.26, 125.27, 125.28
and 125.51, Wis. Stats.
A.
Retail "Class A" intoxicating liquor license. A retail "Class A"
intoxicating liquor license, when issued by the Town Clerk under the
authority of the Town Board, shall permit its holder to sell, deal
and traffic in intoxicating liquors only in original packages or containers
and to be consumed off the premises so licensed.
B.
Retail "Class B" intoxicating liquor license. A retail "Class B"
intoxicating liquor license, when issued by the Town Clerk under authority
of the Town Board, shall permit its holder to sell, deal and traffic
in intoxicating liquors to be consumed by the glass only on the premises
so licensed and in the original package or container, in multiples
not to exceed four liters at any one time, to be consumed off the
premises, except that wine may be sold in the original package or
otherwise in any other quantity to be consumed off the premises.
C.
Reserve "Class B" license. A reserve "Class B" license means a license
that is not granted or issued by the Town 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" fermented malt beverage retailer's license, when issued by the
Town Clerk under the authority of the Town Board, shall entitle the
holder thereof to possess, sell or offer for sale fermented malt beverages
only for consumption away from the premises where sold and in the
original packages, containers or bottles. Such license may be issued
after July 1. The license shall expire 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 Town Clerk under the authority of the Town Board,
shall entitle the holder thereof to possess, sell or offer for sale
fermented malt beverages to be consumed either upon the premises where
sold or away from such premises. The holder may also sell beverages
containing less than 0.5% of alcohol by volume without obtaining a
special license to sell such beverages. Such license may be issued
after July 1. The license shall expire on the following June 30.
(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 chapter. 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, Wis.
Stats.
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 county or local fair associations or agricultural
societies, to churches, lodges or societies that have been in existence
for at least six months before the date of application and to posts
of veterans' organizations authorizing the sale of fermented
malt beverages at a particular picnic or similar gathering, at a meeting
of the post, or during a fair conducted by the fair association or
agricultural society. A license issued to a county or district fair
licenses the entire fairgrounds where the fair is being conducted
and all persons engaging in retail sales of fermented malt beverages
from leased stands on the fairgrounds. The county or district fair
to which the license is issued may lease stands on the fairgrounds
to persons who may engage in retail sales of fermented malt beverages
from the stands while the fair is being held. Such license is valid
for dates as approved by the Town Board.
(2)
Application. 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 Town Clerk together with
the appropriate license fee for each day for which the license is
sought. Any person fronting for any group other than the one applied
for shall, upon conviction thereof, be subject to a forfeiture of
$200 and will be ineligible to apply for a temporary Class "B" license
for one year. The license shall specify the hours and dates of license
validity. The application shall be filed a minimum of 15 days prior
to the meeting of the Town Board at which the application will be
considered for events of more than three consecutive days. If the
application is for a license to be used in a Town park, the applicant
shall specify the main point of sale facility.
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 county or
local fair associations or agricultural societies, to churches, lodges
or societies that have been in existence for at least six months before
the date of application and to posts of veterans' organizations
authorizing the sale of wine in an original package, container or
bottle or by the glass if the wine is dispensed directly from an original
package, container or bottle at a particular picnic or similar gathering,
at a meeting of the post, or during a fair conducted by the fair association
or agricultural society. No fee may be charged to a person who, at
the same time, applies for a temporary Class "B" beer license under
§ 125.26(6), Wis. Stats., for the same event. A license
issued to a county or district fair licenses the entire fairgrounds
where the fair is being conducted and all persons engaging in retail
sales of wine from leased stands on the fairgrounds. The county or
district fair to which the license is issued may lease stands on the
fairgrounds to persons who may engage in retail sales of wine from
the stands while the fair is being held.
(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 Town Clerk together with
the appropriate license fee for each day for which the license is
sought. Any person fronting for any group other than the one applied
for shall, upon conviction thereof, be subject to a forfeiture of
$200 and will be ineligible to apply for a temporary "Class B" wine
license for one year. The license shall specify the hours and dates
of license validity. The application shall be filed a minimum of 15
days prior to the meeting of the Town Board at which the application
will be considered for events of more than three consecutive days.
If the application is for a license to be used in a Town park, the
applicant shall specify the main point of sale facility.
H.
Retail "Class C" license.
(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 or for a restaurant in which the sale of alcohol beverages
accounts for less than 50% of gross receipts and which has a barrroom
in which wine is the only intoxicating liquor sold. 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 Town Clerk under the authority of the Town Board 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 § 240-4 of this chapter and Ch. 125, Wis. Stats.:
A.
Class "A" fermented malt beverage retailer's license. The annual
fee for this license shall be in accordance with the Town Board's
current fee schedule 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 retailer's license.
(1)
The annual fee for this license shall be in accordance with the Town
Board's current fee schedule. 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.
(2)
A Class "B" fermented malt beverages license may also be issued to
bona fide clubs, lodges or societies that have been in existence for
at least six months before the date of application and to posts of
veterans' organizations authorizing the sale of fermented malt
beverages at a particular picnic or similar gathering and at a meeting
of the post. The fee for the license shall be as prescribed by the
Town's fee schedule.
C.
Temporary Class "B" fermented malt beverage license. The fee for
this license shall be per event in accordance with the Town of Herman's
current fee schedule.
D.
Temporary "Class B" wine license. The fee for this license shall
be per event in accordance with the Town's current fee schedule.
However, there shall be no fee if the temporary wine license is obtained
along with a temporary fermented malt beverage license.
E.
"Class A" intoxicating liquor retailer's license. The annual
fee for this license shall be in accordance with the Town's current
fee schedule.
F.
"Class B" intoxicating liquor retailer's license. The annual
fee for this license shall be in accordance with the Town's current
fee schedule. 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.
G.
Reserve "Class B" licenses. The fee for this license shall be in
accordance with the Town's current fee schedule.
A.
Contents. Application for a license to sell or deal in intoxicating
liquor or fermented malt beverages shall be made in writing on the
form prescribed by the Wisconsin Department of Revenue and shall be
sworn to by the applicant as provided by §§ 887.01
to 887.03, Wis. Stats., and shall be filed with the Town Clerk not
less than 15 days prior to the granting of such license. The premises
shall be physically described, to include every room and storage space
to be covered by the license, including all rooms not separated by
a solid wall or joined by connecting entrances.
B.
Corporations. Such application shall be filed and sworn to by the
applicant, if an individual, or by the president and secretary if
a corporation.
C.
Publication. The Town Clerk shall publish each application for a
Class "A," Class "B," "Class A" or "Class B" or "Class C" license.
There is no publication requirement for temporary Class "B" picnic
beer licenses under § 125.26, Wis. Stats., or temporary
"Class B" picnic wine licenses under § 125.51(10), Wis.
Stats. The application shall be published once in a 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. Retail intoxicating liquor licenses issued by the
Town Board shall be limited in number to the quota prescribed by state
law.
A.
Residency requirements. A retail Class "A" or Class "B" fermented
malt beverage or "Class A" or "Class B" or "Class B" reserve intoxicating
liquor license shall be granted only to persons, or their agents,
who are citizens of the United States and who have been residents
of the State of Wisconsin and Dodge County continuously for at least
90 days prior to the date of the application.
B.
Applicant to have malt beverage license. No retail "Class B" intoxicating
liquor license shall be issued to any person who does not have or
to whom is not issued a Class "B" retailer's license to sell
fermented malt beverages.
C.
Right to premises. No applicant will be considered unless he/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)
Each corporate applicant shall file with its application for such
license a statement by its officers showing the names and addresses
of the persons who are stockholders together with the amount of stock
held by such person or persons. It shall be the duty of each corporate
applicant and licensee to file with the Town Clerk a statement of
transfers of stock within 48 hours after such transfer of stock.
(3)
Any license issued to a corporation may be revoked in the manner
and under the procedure established in § 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 chapter 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.
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.
H.
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.
I.
Limitations on other business; Class "B" premises. No Class "B" license
or permit may be granted for any premises where any other business
is conducted in connection with the premises, except that this restriction
does not apply if the premises for which the Class "B" license or
permit is issued is connected to premises where other business is
conducted by a secondary doorway that serves as a safety exit and
is not the primary entrance to the Class "B" premises. No other business
may be conducted on premises operating under a Class "B" license or
permit. These restrictions do not apply to any of the following:
(1)
A hotel.
(2)
A restaurant whether or not it is a part of or located in any mercantile
establishment.
(3)
A combination grocery store and tavern.
(4)
A combination sporting goods store and tavern in towns, villages
and fourth class cities.
(5)
A combination novelty store and tavern.
(6)
A bowling alley or recreation premises.
(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.
(8)
A movie theater.
The Town Clerk shall notify an appropriate law enforcement agency,
the Building Inspector, and the Fire Inspector of each new application,
and these officials shall inspect or cause to be inspected each application
and the premises, together with such other investigation as shall
be necessary to determine whether the applicant and the premises sought
to be licensed comply with the regulations, ordinances and laws applicable
thereto, including those governing sanitation in restaurants, and
whether the applicant is a proper recipient of a license. These officials
shall furnish to the Town Clerk in writing, who shall forward to the
Town Board, the information derived from such investigation, accompanied
by a recommendation as to whether a license should be granted or refused.
A.
No license shall be granted for operation on any premises or with
any equipment for which taxes, assessments, forfeitures or other financial
claims of the Town of Herman are delinquent and unpaid.
B.
No license shall be issued unless the premises conforms to the sanitary,
safety and health requirements of the State Building Code and the
regulations of the State Department of Health Services applicable
to restaurants. The premises must be properly lighted and ventilated,
must be equipped with separate sanitary toilet and lavatory facilities
equipped with running water for each sex and must conform to all ordinances
of the Town.
C.
Consideration for the granting or denial of a license will be based
on:
(1)
Arrest and conviction record of the applicant, subject to the limitations
imposed by §§ 111.321, 111.322, and 111.335, Wis. Stats.;
(2)
The financial responsibility of the applicant;
(3)
The appropriateness of the location and the premises where the licensed
business is to be conducted; and
(4)
Generally, the applicant's fitness for the trust to be reposed.
D.
An application may be denied based upon the applicant's arrest
and conviction record if the applicant has been convicted of a felony
(unless duly pardoned) or if the applicant has habitually been a law
offender. For purposes of this licensing procedure, "habitually been
a law offender" is generally considered to be an arrest or conviction
of at least two offenses which are substantially related to the licensed
activity within 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 Town Board, the Town Board reserves the right
to consider the severity and facts and circumstances of the offense
when making the determination to grant, deny or not renew a license.
Further, the Town Board, at its discretion, may, based upon an arrest
or conviction record of two or more offenses which are substantially
related to the licensed activity within the five years immediately
preceding, act to suspend such license for a period of one year or
more.
A.
In the event the application is for a Class A or a Class B intoxicating
liquor or fermented malt beverage license at a site not previously
licensed under this chapter, the Town Clerk shall schedule public
hearings before the Town Board on the granting of the license and
shall notify all property owners situated in the block of the site
for which the license is sought and all property owners within a radius
of 300 feet of the proposed site of the dates of the hearings. The
notice shall be given at least 10 days before the hearing and may
be given by mail.
B.
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 Town Board, the Town Clerk shall issue to
the applicant a license, upon payment by the applicant of the license
fee to the Town.
C.
If the Town Board denies the license, the applicant shall be notified
in writing, by registered mail or personal service, of the reasons
for the denial. The notice shall also inform the applicant of the
opportunity to appear before the Town Board and to provide evidence
as to why the denial should be reversed. In addition, the notice shall
inform the 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 that such reconsideration be
held in open session and the Town Board consents to the request. Such
written notice shall be mailed or served upon the applicant at least
10 days prior to the Town Board meeting at which the application is
to be reconsidered.
A.
In accordance with the provisions of § 125.04(12), Wis.
Stats., a license shall be transferable from one premises to another
if such transfer is first approved by the Town Board. An application
for transfer shall be made on a form furnished by the Town Clerk.
Proceedings for such transfer shall be had in the same form and manner
as the original application. The fee for such transfer shall be in
accordance with the Town's current fee schedule. Whenever a license
is transferred, the Town Clerk shall forthwith notify the Wisconsin
Department of Revenue of such transfer. In the event of the sale of
a business or business premises of the licensee, the purchaser of
such business or business premises must apply to the Town for reissuance
of said license and the Town, as the licensing authority, shall in
no way be bound to reissue said license to said subsequent purchaser.
B.
Whenever the agent of a corporate holder of a license is for any
reason replaced, the licensee shall give the Town Clerk written notice
of said replacement, the reasons therefor and the new appointment.
Until the next regular meeting or special meeting of the Town Board,
the successor agent shall have the authority to perform the functions
and be charged with the duties of the original agent. However, said
license shall cease to be in effect upon receipt by the Town Clerk
of notice of disapproval of the successor agent by the Wisconsin Department
of Revenue or other peace 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 Town Board until the successor agent or another qualified agent
is appointed and approved by the Town.
All licenses shall be numbered in the order in which they are
issued and shall state clearly the specific premises for which granted,
the date of issuance, the fee paid and the name of the licensee.
A.
Every person licensed in accordance with the provisions of this chapter
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" licenses
granted hereunder shall be granted subject to the following conditions,
and all other conditions of this chapter, and subject to all other
ordinances and regulations of the Town applicable thereto:
A.
Consent to entry. Every applicant procuring a license thereby consents
to the entry of police or other duly authorized representatives of
the Town at all reasonable hours for the purpose of inspection and
search, and consents to the removal from said premises of all things
and articles there had in violation of Town ordinances or state laws,
and consents to the introduction of such things and articles in evidence
in any prosecution that may be brought for such offenses.
B.
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.
C.
Licensed operator on premises. There shall be upon premises operated
under a "Class B" or Class "B" or "Class C" license, at all times,
the licensee, members of the licensee's immediate family who
have attained the age of 18 pursuant to §§ 125.32(2)
and 125.68(2), Wis. Stats., 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.
D.
Health and sanitation regulations. The rules and regulations of the
State Department of Health Services governing sanitation in restaurants
shall apply to all "Class B" liquor or "Class C" licenses issued under
this chapter. No "Class B" or "Class C" license shall be issued unless
the premises to be licensed conforms to such rules and regulations.
E.
Credit prohibited. No retail Class "A," Class "B," "Class A" or "Class
B" liquor or fermented malt beverage or "Class C" wine licensee shall
sell or offer for sale any alcohol beverage to any person or persons
by extending credit, except hotel credit extended to a resident guest
or a club 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, wares, merchandise
or other articles in exchange for alcohol beverages.
F.
Licensee or permittee responsible for acts of help. A violation of
this chapter by a duly authorized agent or employee of a licensee
or permittee under this chapter shall constitute a violation by the
licensee or permittee. Whenever any licensee or permittee under this
chapter shall violate any portion of this chapter, proceedings for
the suspension or revocation of the license or permit of the holder
thereof may be instituted in the manner prescribed in this chapter.
G.
Improper exhibitions. It shall be unlawful for any person to perform
or for any licensee or manager or agent of the licensee to permit
any employee, entertainer or patron to engage in any live act, demonstration,
dance or exhibition on the licensed premises which:
(1)
Exposes his or her genitals, pubic hair, buttocks, perineum, anal
region or pubic hair region;
(2)
Exposes any device, costume or covering which gives the appearance
of or simulates genitals, pubic hair, buttocks, perineum, anal region
or pubic hair region;
(3)
Exposes any portion of the female breast at or below the areola thereof;
or
(4)
Engages in or simulates sexual intercourse and/or any sexual contact,
including the touching of any portion of the female breast or the
male and/or female genitals.
H.
Indoor pyrotechnic displays prohibited. No indoor pyrotechnic display
or fireworks display of any kind is allowed in the licensed premises,
nor any unlicensed property attached to the licensed premises.
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 or Class "B" fermented
malt beverage license 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. 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" license intoxicating liquor in original
unopened packages, containers or bottles or for consumption away from
the premises. Per §§ 125.32(3) and 125.68(4), Wis.
Stats., fermented malt beverage sales are permitted 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 Town-owned
property or privately owned property within the Town of Herman except
through the issuance of a temporary Class "B" fermented malt beverage
license or temporary "Class B" wine license issued by the Town Board
in accordance with the Wisconsin Statutes and as set forth in this
section. A temporary Class "B" fermented malt beverage license or
temporary "Class B" wine license authorizing the sale and consumption
of beer and/or wine on Town-owned property or privately owned property
may be authorized by the Town Board 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. Members
of an organization which is issued a temporary license and who are
issued operators' 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 Town Board may require that organizations install a double
fence around the main point of sale to control ingress and egress
and continually station a licensed operator, security guard or other
competent person at the entrance for the purpose of checking age identification.
Where possible, there shall be only one point of ingress and egress.
When required, the double fence shall be a minimum of four feet high
and a minimum of six feet between fences.
D.
Underage persons prohibited. No underage persons as defined by the
Wisconsin Statutes shall be allowed to assist in the sale of fermented
malt beverages or wine at any point of sale, except a person holding
an operator's license, nor shall they be allowed to loiter or linger
in the area of any point of sale.
E.
Licensed operator requirement. A licensed operator shall be stationed
at all points of sales at all times.
F.
Waiver. The Town Board may waive or modify the requirements of this
section due to the physical characteristics of the licensed site.
G.
Insurance. The applicant for a temporary fermented malt beverage
or wine license may be required to indemnify, defend and hold the
Town and its employees and agents harmless against all claims, liability,
loss, damage or expense incurred by the Town on account of any injury
to or death of any person or any damage to property caused by or resulting
from the activities for which the license is granted. As evidence
of the applicant's ability to perform the conditions of the license,
the applicant may be required to furnish a certificate of comprehensive
general liability insurance with the Town of Herman. The applicant
may be required to furnish a performance bond prior to being granted
the license.
A.
It shall be a condition of maintaining and keeping an alcohol beverage
license in the Town of Herman that the licensee continue to actively,
regularly utilize such license for the purpose issued. Issuance of,
or retention of, a license by a party not actively doing business
or intending to resume doing business under conditions of this chapter,
as defined as follows, is declared to be against public policy and
thus lacking in usefulness.
B.
Any license issued pursuant to this chapter shall be subject to such
further regulations and restrictions as may be imposed by the Herman
Town Board by amendments or by the enactment of new ordinances. If
any licensee shall fail or neglect to meet the requirements imposed
by such law restrictions and regulations, his/her license may be revoked
in accordance with this chapter. In the event of revocation of any
license for any violations of any provisions of this chapter, or by
the court for any reasonable cause except the imposition of new restrictions,
no refund shall be made of any part of the license fee.
C.
Business continuation of a license is hereby defined to mean as follows:
should a license issued under this chapter not be used within 60 days
after its issuance and/or adoption of this chapter, such situation
may be grounds for cancellation of the license in accordance with
the provisions of this section. In addition, all persons issued a
license to sell alcohol beverages in the Town for which a quota exists
limiting the number of such licenses that may be issued by the Town
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 term of such license, unless such license is issued for a term
of less than 180 days, in which event this subsection shall not apply.
D.
Holders of such licenses are required to possess the following: a premises (facility) from which to conduct business, sanitary permit, building permits, and conditional use permits when required in accordance with Chapter 384, Zoning, of this Code and/or the Dodge County Shoreland Protection Ordinance, and meet any other requirements under the provisions of Dodge County ordinances. Further, holders of such licenses must possess necessary federal identification numbers and State of Wisconsin sales tax numbers and shall meet and continue to meet on an ongoing basis all other state and federal requirements. Approval by the Town of Herman Town Board must also be obtained.
E.
Exceptions to these requirements to continue to possess a necessary
license would be any act of God which may damage or destroy the facility
for which the license has been issued to operate the business from.
In such cases, the holder of the license will be allowed a maximum
of one year to repair damages or rebuild the damaged or destroyed
facility and again resume operating the business from the premises
for which the license issued was intended. The holder of a license
of a damaged or destroyed business shall also be required to meet
with the Town Board at that Board's discretion to discuss the
situation and progress. Again, the Board reserves the right to revoke
such license if, in its opinion, progress toward repair or rebuilding
is not progressing in a timely manner. In such cases, the holder of
the license has the express right to request a hearing and any other
appeal avenues which may be available to the license holder.
F.
In the event any licensed party violates this chapter, disciplinary
action may be taken by the Town Board, including reprimand, suspension
of the license for a specified number of days (maximum of 90 days),
or revocation of the license. Any license that has been revoked shall
not be reinstated within the following six months. Any disciplinary
action taken shall follow notice to the licensee prior to a hearing.
Both the hearing notice, which will specify the reason for the hearing,
and the subsequent decision of the Board will be sent by first-class
mail to the last known address of the licensee or personally served,
at the option of the Town Chairperson.
G.
In the event disciplinary action is taken against a licensee, the
state procedure mandated under present § 125.12, Wis. Stats.,
or its successor, will be followed. At present, said procedure requires
personal service of the hearing notice (summons and complaint) and
a hearing within three to 10 days thereafter.
H.
As specified by law, there shall be no refund of any license fee
paid to a party whose license is revoked.
I.
In lieu of a hearing, the Town Board may accept surrender of the
license, and the Town Board shall then determine the time period before
another application for the same type of license will be accepted
from the former licensee.
J.
Evidence and testimony at the hearing shall be done in open session.
Pursuant to § 19.85(1)(a), Wis. Stats., the Board may go
into closed session to deliberate with regard to its decision, where
that possibility and option have been properly and legally listed
on the hearing notice posted and/or published. The Town Clerk shall
see that the hearing notice is posted and/or published in a format
acceptable to the Town Chairperson.
A.
Procedure.
(1)
The Town of Herman shall follow the procedure outlined in § 125.12,
Wis. Stats., when taking suspension/revocation action against any
alcohol beverage license issued by the Town Board.
(2)
If the action is initiated by a citizen or a Board member, the Town
Board may take immediate action and upon notice hold a hearing under
§ 125.12, Wis. Stats.
(3)
If the action results from the arrest of a license holder, or agent
thereof, and upon conviction in Circuit Court, the Town Board shall
hold a hearing under § 125.12, Wis. Stats., for all second
and subsequent convictions.
B.
Penalties.
(1)
All actions being affirmed by the Town Board, or any conviction under
Ch. 125, Wis. Stats., in Circuit Court against an alcohol beverage
license holder, shall be considered as a violation under this section.
(2)
Violations shall be counted from date of said violation and shall
accrue for a period of 36 months.
(3)
All actions where the complaint is found true by the Town Board shall
result in the following penalties:
(a)
First action approved by the Board shall result in a minimum
ten-day to a maximum nineteen-day suspension.
(b)
Second action approved by the Board shall result in a minimum
twenty-day to a maximum twenty-nine-day suspension.
(c)
Third action approved by the Board shall result in a minimum
thirty-day to a maximum forty-day suspension.
(d)
Fourth action approved by the Board shall result in a twelve-month
revocation.
A.
Forfeitures for violations of §§ 125.07(1) through (4) and 125.09(2), Wis. Stats., adopted by reference in § 240-1 of this chapter, 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.
C.
Nothing herein shall preclude or affect the power of the sentencing
court to exercise additional authorities granted by the Wisconsin
Statutes.
