[HISTORY: Adopted by the Village Board of the Village of
Brandon as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-14-1998 as Title 7, Ch. 2, of the 1998 Code]
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 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 amendments, 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 "alcohol beverage," "intoxicating
liquor," "principal business," "legal drinking age," "premises," "sell,"
"sold," "sale," "restaurant," "club," "retailer," "person," "fermented
malt beverages," "wholesaler" 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 possession with intent to vend, sell, deal or traffic
in or, for the purpose of evading any law or ordinance, give away
any intoxicating liquor or fermented malt beverage in any quantity
whatever, or cause the same to be done, without having procured a
license as provided in this article nor without complying with all
the provisions of this article, and all statutes and regulations applicable
thereto, except as provided by §§ 125.26, 125.27, 125.28
and 125.51, Wis. Stats.
A.
Retail "Class A" intoxicating liquor license. A retail "Class A"
intoxicating liquor license, when issued by the Village Clerk under
the authority of the Village 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 Village Clerk under
the authority of the Village 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 Village 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 the 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 Village
Clerk under the authority of the Village 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 Village Clerk under the authority of the Village
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 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, Wis.
Stats.[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 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 Village 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 Village 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
not less than $200 nor more than $2,000 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 Village
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 Village park, the applicant shall specify the main point
of sale facility.[2]
G.
Temporary "Class B" wine license.[3]
(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 Village 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
not less than $200 nor more than $2,000 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 Village
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 Village park, the applicant shall specify the main point
of sale facility.[4]
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 municipality's quota prohibits the municipality from
issuing a "Class B" license to that person. A "Class C" license may
not be issued to a foreign corporation or a person acting as agent
for or in the employ of another.
(4)
A "Class C" license shall particularly describe the premises for
which it is issued.
There shall be the following classes of licenses which, when issued by the Village Clerk under the authority of the Village 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 § 183-4 of this article and Ch. 125, Wis. Stats.:
A.
Class "B" fermented malt beverage license. The annual fee for this
license shall be as set by the Village Board. 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.
B.
Temporary Class "B" fermented malt beverage license. The fee for
this license shall be as set by the Village Board.
C.
Temporary "Class B" wine license. The fee for this license shall
be as set by the Village Board. However, there shall be no fee if
the temporary wine license is obtained along with a temporary fermented
malt beverage license.
D.
Fermented malt beverage wholesalers' license. The annual fee for
this license shall be as set by the Village Board .
E.
"Class A" intoxicating liquor retailer's license. The annual fee
for this license shall be as set by the Village Board.
F.
"Class B" intoxicating liquor retailer's license. The annual fee
for this license shall be as set by the Village Board. 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" intoxicating liquor license. The fee for an initial issuance of a reserve "Class B" license shall be as set by the Village Board, 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.
H.
"Class B" license for full-service restaurants and hotels. The initial
annual fee for a "Class B" license for a full-service restaurant that
has a seating capacity of 300 or more persons, or a hotel that has
50 or more rooms of sleeping accommodations and that has either an
attached restaurant with a seating capacity of 150 or more persons
or a banquet room which will accommodate 400 or more persons, shall
be as set by the Village Board. Thereafter, the annual renewal fee
shall be as set by the Village Board.
I.
"Class C" wine license. The annual fee for this license shall be
as set by the Village Board. The fee for less than 12 months shall
be prorated.
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 Village 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 Village Clerk 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 Village
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 limit on Class B liquor and fermented malt beverage licenses.
No more than three retail Class B liquor and fermented malt beverage
licenses shall be granted annually by the Village Board. Not more
than one license shall be issued to any one person.
A.
Residency 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), Wis. Stats., and the officers and directors
of the corporation meet the qualifications of § 125.04(5)(a)1
and 3 and (b), Wis. Stats., and unless the agent of the corporation
appointed under § 125.04(6), Wis. Stats., meets the qualification
under § 125.04(5)(a)2, Wis. Stats. The requirement that
the corporation meet the qualifications under § 125.04(5)(a)1
and (b), Wis. Stats., 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 Village 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 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 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.
All premises for which an alcohol beverage license or permit has
been issued shall be so arranged as to furnish a clear view from the
sidewalk of the interior of the establishment. No curtains, pictures,
signs or other obstructions which interfere with such a clear view
shall be maintained. The provisions of this subsection, however, shall
not apply to hotels or restaurants.[2]
The Village Clerk shall notify the Chief of Police, Fire Inspector
and Building Inspector (and, as appropriate, pertinent law enforcement
agencies) 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 Village Clerk, in writing, who shall forward to the Village Board,
the information derived from such investigation, accompanied by a
recommendation as to whether a license should be granted or refused.
No license shall be renewed without a reinspection of the premises
and report as originally required.
A.
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 Village 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 Village.[1]
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 Village Board, the Village Board reserves the
right to consider the severity and facts and circumstances of the
offense when making the determination to grant, deny or not renew
a license. Further, the Board, at its discretion, may, based upon
an arrest or conviction record of two or more offenses which are substantially
related to the licensed activity within the five years immediately
preceding, act to suspend such license for a period of one year or
more.
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 Village Board, the Village Clerk shall issue
to the applicant a license, upon payment by the applicant of the license
fee to the Village.[1]
B.
If the Village 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 Village 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 such reconsideration be held
in open session and the Village Board consents to the request. Such
written notice shall be mailed or served upon the applicant at least
10 days prior to the Village 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 Village Board. An application
for transfer shall be made on a form furnished by the Village 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 as
set by the Village Board. Whenever a license is transferred, the Village
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 Village for reissuance of said license
and the Village, as the licensing authority, shall in no way be bound
to reissue said license to said subsequent purchaser.[1]
B.
Whenever the agent of a corporate holder of a license is for any
reason replaced, the licensee shall give the Village Clerk written
notice of said replacement, the reasons therefor and the new appointment.
Until the next regular meeting or special meeting of the Village 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 Village 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 Village Board until the successor agent or another qualified
agent is appointed and approved by the Village.
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 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," "Class B" and "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 Village applicable
thereto.
A.
Consent to entry. Every applicant procuring a license thereby consents
to the entry of law enforcement authorities or duly authorized representatives
of the Village 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 Village 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 B" or Class "B" licensee shall
employ any underage person, as defined in the Wisconsin Statutes,
but this shall not apply to hotels and restaurants. Family members
may work on the licensed premises but are not permitted to sell or
dispense alcohol beverages. This subsection shall not apply to a person
who has an operator's license or is at least 18 years of age and is
under the immediate supervision of the licensee, permittee or agent
or a person holding an operator's license, who is on the premises
at the time of the service.[1]
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.[2]
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 article. No "Class B" or "Class C" license shall be issued unless
the premises to be licensed conforms to such rules and regulations.
E.
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.
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.
F.
Clubs. No club shall sell or give away any intoxicating liquors except
to bona fide members and guests invited by members.
G.
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.
H.
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, wares,
merchandise or other articles in exchange for alcohol beverages.
I.
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.
J.
Timely startup and continuation of business is an ongoing condition
of an alcohol beverage license issued under this article. The Village
Board may cancel or not renew any license granted under this article
if the privileges granted under the license are not exercised within
90 days after the granting of the license or the business for which
the license was issued is discontinued or not open for business for
the purpose of the license for a period of 90 consecutive days or
more. Being open intermittently for periods of two days or less during
the ninety-day period shall not be sufficient to avoid cancellation
under this subsection. Before cancellation of the alcohol beverage
license under this subsection, the Village shall notify the licensee,
in writing, of the Village's intent to cancel the license for nonuse
and provide the licensee with an opportunity for a hearing. The hearing
shall be conducted according to § 125.12(2)(b), Wis. Stats.,
or any amendments thereto.[3]
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. 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, movie theaters, 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 specified in 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
or intoxicating liquor in original unopened packages, containers or
bottles for consumption away from the premises.
It shall be unlawful for any person or organization on a temporary
basis to sell or offer to sell any alcohol beverage upon any Village-owned
property or privately owned property within the Village of Brandon,
except through the issuance of a temporary Class "B" fermented malt
beverage license or temporary "Class B" wine license issued by the
Village Board in accordance with Wisconsin Statutes and as set forth
in this section. A temporary Class "B" fermented malt beverage license
or temporary "Class B" wine license authorizing the sale and consumption
of beer and/or wine on Village-owned property or privately owned property
may be authorized by the Village 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 and § 183-22. Members of an organization which is issued a temporary license and who are issued operator's licenses for the event may be required to attend a pre-event informational meeting to learn what rules and regulations apply and what the responsibilities of the bartenders and organization will be.
B.
Posting of signs and licenses. All organizations issued a temporary
license shall post in a conspicuous location at the main point of
sale and at all remote points of sale a sufficient number of signs
stating that no fermented malt beverage shall be served to any underage
person without proper identification.
C.
Fencing.
(1)
If necessary due to the physical characteristics of the site, the
Village 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.
(2)
For indoor events, the structure used shall have suitable exits and
open spaces to accommodate anticipated attendance. It should contain
adequate sanitary facilities to accommodate the size of the group.
D.
Underage persons prohibited. No underage persons as defined by the
Wisconsin Statutes shall be allowed to assist in the sale of fermented
malt beverages or wine at any point of sale, nor shall they be allowed
to loiter or linger in the area of any point of sale. This subsection
shall not apply to a person who has an operator's license.[1]
E.
Licensed operator requirement. A licensed operator shall be stationed
at all points of sale at all times.
F.
Waiver. The Village 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
Village and its employees and agents harmless against all claims,
liability, loss, damage or expense incurred by the Village 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 Village of Brandon.
The applicant may be required to furnish a performance bond prior
to being granted the license.[2]
A.
Procedure. Whenever the holder of any license under this article
violates any portion of this article, proceedings for the revocation
of such license may be instituted in the manner and under the procedure
established by this section.
B.
License revocation or suspension. License revocation or suspension
procedures shall be as prescribed by Ch. 125, Wis. Stats.
C.
Point values for alcohol beverage violations; revocations and suspensions.
(1)
Purpose and definitions. The purpose of this subsection is to administratively
interpret those portions of this article relating to the establishment
of an alcohol beverage demerit point system to assist in determining
which license holders should be subject to suspension or revocation
procedures.
(2)
Point schedule. The scale of demerit points is listed according to
the type of alcohol beverage violation. This demerit point system
is used to identify habitually troublesome license holders who have
repeatedly violated state statutes and Village ordinances for the
purpose of recommending suspension or revocation of their alcohol
beverage licenses.
|
Type of Violation
|
Point Value
| |
|---|---|---|
|
Sale of alcohol beverages without license or permit; sale of
controlled substances on licensed premises
|
100
| |
|
Sale of alcohol beverages to underage person
|
50
| |
|
Sale of alcohol beverages to intoxicated person
|
50
| |
|
Underage person on premises
|
50
| |
|
Intoxicated bartender; disorderly conduct on premises
|
50
| |
|
After-hours consumption
|
50
| |
|
Refusal to allow police to search premises or refusal to cooperate
with lawful police investigation
|
50
| |
|
Licensee, agent or operator not on premises at all times
|
25
| |
|
Persons on premises after closing hours
|
25
| |
|
Violations of carry-out hours
|
25
| |
|
Licensee permitting person to leave licensed premises with open
alcohol beverage
|
25
| |
|
All other violations of this article
|
25
|
(3)
Violations how calculated. In determining the accumulated demerit
points against a licensee within 12 months, the Village shall use
the date each violation was committed as the basis for the determination.
(4)
Suspension or revocation of license.
(a)
The Village Board shall call before it for purposes of revocation
or suspension hearing all licensees who have accumulated 200 points
in a twelve-month period as a result of court-imposed convictions.
(b)
If the demerit point accumulation calculated from the date of
violation amounts to 200 points in a twelve-month period, a suspension
of 30 days shall be imposed. If the demerit point accumulation is
250 points (calculated from the date of violation) in a twenty-four-month
period, a suspension of 60 days shall be imposed. If the demerit point
accumulation in a thirty-six-month period is 300 points, the suspension
shall be for the maximum allowed by law, which is 90 days. If the
license is revoked no other license shall be granted to such licensee
or for such premises for a period of 12 months from the date of 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 non-alcohol 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 5:00 p.m., Monday through Friday) and shall be given on forms
prescribed by the Village. After a non-alcohol event notice has been
given, the licensee may cancel an event(s) only by giving like notice
to the Police 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," "Class B" or "Class C" license.
B.
During the period of any non-alcohol 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 Village to a requesting licensee.
C.
Once a non-alcohol 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 non-alcohol 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.
A.
Purpose. The Village Board finds that restrictions are necessary
for outdoor beer gardens and sports activities at premises holding
"Class B" and Class "B" liquor and fermented malt beverage licenses
due to concerns arising from noise, density and related problems.
This section enacted pursuant to police power provides a framework
for regulatory controls on such outdoor sports and beer garden activities.
B.
Approval required.
(1)
Generally. No licensee shall conduct or sponsor any outdoor sports
activity or event or beer garden on property forming any part of the
real property on which the licensed premises exists without the prior
approval of the Village Board.
(2)
Permit required for beer garden outdoor consumption. No licensee
shall permit the consumption of alcohol beverages on any part of the
licensed premises not enclosed within the building, except under a
beer garden permit granted by the Village Board. The permits are a
privilege in which no rights vest and, therefore, may be revoked by
the Village Board at its pleasure at any time or shall otherwise expire
on June 30 of each year. No person shall consume or have in his or
her possession alcohol beverages on any unenclosed part of a licensed
premises which is not described in a valid beer garden permit.
C.
Application. If a licensee shall conduct or sponsor any outdoor sports
activity or event or beer garden on the licensee's property, the licensee
shall file an application with the Village Clerk setting forth the
following information:
(1)
The name, address and telephone number of the person or persons who
will be responsible for the actual conduct of the activity or event;
(2)
The date and duration of time for the proposed activity or event;
(3)
An accurate description of that portion of the licensee's property
proposed to be used;
(4)
A good faith estimate of the number of users, participants and spectators
for the beer garden or proposed activity or event; and
(5)
The licensee's plan for maintaining the cleanliness of the licensed
area.
D.
Time for filing. The licensee shall file the application not less
than 15 days before the date of the proposed activity or event. The
Village Board may waive the fifteen-day time limit upon a licensee's
showing of exigent circumstances. The application shall be accompanied
by payment of a fee as set by the Village Board for review of the
application. The applicant may request that an annual permit be issued
for the beer garden or outdoor sports activities.[1]
E.
Review. The Village Board shall review the application in light of
the standards of this section. If the nature of the property or the
event requires the imposition of additional regulations, the Village
Board may impose these regulations upon an express finding detailing
the reasons for additional regulation. All property owners within
150 feet of the proposed beer garden or outside sports facility shall
be notified of the pendency of application for a permit by first class
mail.
F.
Outdoor sports activity standards. The following standards shall
apply to any outdoor sports activity regulated under this section:
(1)
Approval of an application shall not act to permit outdoor consumption
of alcohol beverages on the property beyond the area specifically
licensed.
(2)
If the estimated number of participants and spectators shall bring
the number of persons on the property above the number for which the
licensed premises' rest room facilities are rated adequate, the licensee
shall provide a number of portable temporary rest rooms sufficient
to serve the estimated number of persons.
(3)
The Village Board shall not grant approval to any applicant whose
property on which the activity or event is proposed is adjacent to
any property zoned residential or on which a residential use exists
as a nonconforming use, or within 100 feet of any property zoned residential
or on which a residential use exists as a nonconforming use. Fencing
may be required.
(4)
The applicant shall provide parking adequate for the proposed activity
or event, whether on site or through agreements with property owners
shown to the Village Board's satisfaction to permit their property
to be used for parking for the proposed activity or event.
(5)
The applicant shall show the Village Board plans adequate to provide
reasonable access to participants and spectators for the event, and
to limit access for all other persons.
(6)
The licensee shall clean up all garbage and debris relating to the
activity or event at least once per 24 hours during the activity or
event.
(7)
The licensee shall not permit the noise level of the sports activity
or event to exceed 75 dB, measured at any border of the licensee's
real property.
G.
Limitations on issuance of beer garden permits. No permit shall be
issued for a beer garden if any part of the beer garden is within
100 feet of a structure used for residential purposes, except residential
uses located in the same structure as the licensed premises. No permit
shall be issued for a beer garden if the beer garden area is greater
than 50% of the gross floor area of the adjoining licensed premises.
Each applicant for a beer garden permit shall accurately describe
the area intended for use as a beer garden and shall indicate the
nature of fencing or other measures intended to provide control over
the operation of the beer garden. Every beer garden shall be completely
enclosed with a fence or wall not less than six feet in height. No
amplified sound or music is permitted outside the enclosed (building)
premises. Amplified sound or music is not permitted in the beer garden.
There shall be a licensed operator within the beer garden at all times
the beer garden is in operation.
H.
State statutes enforced within beer garden. Every permittee under
this section shall comply with and enforce all provisions of Ch. 125,
Wis. Stats., applicable to Class "B" licensed premises, except insofar
as such provisions are clearly inapplicable. Violation of the provisions
of Ch. 125, Wis. Stats., shall be grounds for immediate revocation
of the outdoor sports activity or beer garden permit by the Village
Board.
A.
Operator's licenses; Class "A," Class "B" or "Class C" premises.
Except as provided under §§ 125.17, 125.32(2) and 125.68(2),
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.[1]
B.
Procedure upon application.
(1)
The Village Board may issue an operator's license, which license
shall be granted only upon application, in writing, on forms to be
obtained from the Village Clerk only to persons 18 years of age or
older. Operators' licenses shall be operative only within the limits
of the Village except as otherwise provided by Ch. 125, Wis. Stats.[2]
(2)
All applications are subject to an investigation by Village-designated
law enforcement authorities and/or other appropriate authority to
determine whether the applicant and/or premises to be licensed complies
with all regulations, ordinances and laws applicable thereto. The
investigating authority 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 investigating authority
shall recommend, in writing, to the Village Board approval or denial
of the application. If the investigating authority recommends denial,
the investigating authority shall provide, in writing, the reasons
for such recommendation.
C.
Duration. Licenses issued under the provisions of this article shall
be valid for a period of two years and shall expire on the 30th day
of June.
D.
Operator's license fee; provisional or temporary licenses.[3]
(1)
Fee. The fee for an operator's license shall be as set by the Village
Board; the applicant shall also pay the applicable Crime Information
Bureau (CIB) fee. The nonrefundable fee for a provisional license
shall be as set by the Village Board; the applicant shall also pay
the applicable CIB fee. There shall be a fee as set by the Village
Board for a temporary operator's license.
(2)
Provisional license.
(a)
The Village Clerk 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 designated law enforcement authority shall submit to the Village
Clerk a report regarding the applicant's conviction history, if any.
The applicant for such provisional license must present evidence to
the Village Clerk establishing that the applicant is enrolled in a
responsible beverage server training course established pursuant to
§ 125.17(6), Wis. Stats.
[Amended 7-10-2023 by Ord. No. 2023-02]
(b)
The Village Clerk 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, and the applicant
shall also apply for a regular operator's license.
(c)
No such provisional operator's license shall be issued prior
to a waiting period of no less than 96 hours (four days) and the completion
of a background check subject to limitations established by law. A
provisional license may not be issued to any person who has been denied
an operator's license by the Village Board, who has had his/her operator's
license revoked or suspended within the preceding 12 months, or who
previously held an operator's license and who failed to complete the
responsible beverage server training course without first successfully
completing the program.
(d)
The Village Clerk shall provide an appropriate application form
to be completed in full by the applicant.
(e)
The Village Clerk may revoke the provisional license issued
if he/she discovers that the holder of the license made a false statement
on the application.
(3)
Temporary license. The Village Clerk may issue a temporary operator's
license, provided that:
(a)
This license may be issued only to operators employed by, or
donating their services to, nonprofit corporations.
(b)
No person may hold more than one license of this kind per year.
(c)
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.
E.
Issuance or denial of operator's license.
(1)
After the Village Board approves the granting of an operator's license,
the Village Clerk 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.
(2)
Denial.
(a)
If the application is denied by the Village Board, the Village
Clerk shall, in writing, inform the applicant of the denial, the reasons
therefor, and of the opportunity to request a reconsideration of the
application by the Village Board in a closed session. Such notice
must be sent by registered mail to, or served upon, the applicant
at least 10 days prior to the Board's reconsideration of the matter.
At such reconsideration hearing, the applicant may present evidence
and testimony as to why the license should be granted.
(b)
If, upon reconsideration, the Board again denies the application,
the Village Clerk shall notify the applicant, in writing, of the reasons
therefor. An applicant who is denied any license upon reconsideration
of the matter may apply to Circuit Court pursuant to § 125.12(2)(d),
Wis. Stats., for review.
(3)
Considerations.
(a)
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.
(b)
If a licensee is convicted of an offense substantially related
to the licensed activity, the Village Board may act to revoke or suspend
the license.
(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 Village Board, the Village 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 Village 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.
F.
Training course.
(1)
Except as provided in Subsection F(2) below, the Village Board may not issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the Technical College System Board or a comparable training course, which may include computer-based training and testing, that is approved by the Department of Revenue or the Educational Approval Board, or unless the applicant fulfills one of the following requirements:[5]
G.
Display of license. Each license issued under the provisions of this
section shall be posted on the premises whenever the operator dispenses
beverages or be in his/her possession, or the licensee shall carry
a license card.[6]
H.
Revocation of operator's license. Violation of any of the terms or
provisions of the state law or of this section 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 (6) and 125.09(2), Wis. Stats., adopted by reference in § 183-1 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.
C.
Nothing herein shall preclude or affect the power of the sentencing
court to exercise additional authorities granted by the Wisconsin
Statutes.
[Adopted 12-14-1998 as Title 11, Ch. 4, of the 1998 Code]
A.
Alcohol beverages in public areas.
[Amended 6-10-2013[1]]
(1)
Regulations. It shall be unlawful for any person to sell, serve or
give away, or offer to sell, serve or give away, any alcohol beverage
upon any public street, sidewalk, alley, public parking lot, highway,
municipal building, library, cemetery or drives or other public area
within the Village of Brandon 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, municipal building, library, public alley or public parking
lot within the Village of Brandon. Possession or consumption of alcohol
beverages in park shelters requires prior approval from the Police
Department if the size of the user group exceeds 12.
(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 Village 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 Village
Board for duly authorized events.
(b)
This section shall not apply to any organization which has been issued a temporary fermented malt beverage and/or temporary wine license for a designated area and event pursuant to Article I of this chapter, 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 Village of Brandon 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.
ALCOHOL BEVERAGE
PUBLIC AREA
UNDERAGE PERSON
Definitions. As used in this section, 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.[2]
Any location within the Village 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.[3]
[3]
Editor's Note: Original § 11-4-2 of the 1998 Code, Sale to underage or intoxicated persons restricted; § 11-4-3, Underage persons' presence in places of sale; penalty; § 11-4-4, Underage persons; prohibitions; penalties; § 11-4-5, Defense of sellers; § 11-4-6, Persons who have attained the legal drinking age; false or altered identification cards; § 11-4-7, Possession of alcohol beverages on school grounds prohibited, § 11-4-8, Adult permitting or encouraging underage violation; and § 11-4-9, Solicitation of drinks prohibited, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
