It shall be unlawful for any person, firm, association, corporation
or limited-liability company to sell, or keep for sale, at wholesale
or retail, or permit to be sold, or kept for sale, at wholesale or
retail, within the Town of Milton, any alcohol beverages with 0.5%
or greater alcohol by volume, except in strict accordance with the
provisions of this chapter.
The provisions of Chapter 125 of the Wisconsin Statutes, describing
and defining regulations with respect to alcohol beverages, are hereby
adopted and by reference made a part of this chapter as if set forth
in full herein; except for those provisions requiring imprisonment
or provisions permitting the Town to enact standards different from
that set forth by the legislature. Any act required to be performed
or prohibited by any statute incorporated herein by reference is required
or prohibited by this chapter unless there is specific provision to
the contrary. Any future amendments, revisions or modifications of
the statutes incorporated herein are made part of this chapter. In
the event of a conflict between the provisions of this chapter and
any statute, this chapter controls unless expressly forbidden by the
statute. If the statute authorizes the Town to enact a provision in
its sole discretion and this chapter does not so provide, the Town
shall be deemed to have declined to act.
Whenever the following terms are used in this chapter, they
shall have the definitions as follows:
CLUB
An organization, whether incorporated or not, which is the
owner, lessee or occupant of a building or portion thereof used exclusively
for club purposes, which is operated solely for a recreational, fraternal,
social, patriotic, political, benevolent or athletic purpose but not
for pecuniary gain and which only sells alcohol beverages incidental
to its operation.
DEPARTMENT
The State of Wisconsin Department of Revenue.
FERMENTED MALT BEVERAGES
Any beverage made by the alcohol fermentation of an infusion
in potable water of barley malt and hops, with or without unmalted
grains or decorticated and degerminated grains or sugar containing
0.5% or more of alcohol by volume.
INTOXICATING LIQUOR
All ardent, spirituous, distilled or vinous liquors, liquids
or compounds, whether medicated, proprietary, patented or not, and
by whatever name called, containing 0.5% or more of alcohol by volume,
which are beverages, but does not include fermented malt beverages.
LICENSE
An authorization to sell alcohol beverages issued by a municipal
governing body under this chapter or in accordance with Chapter 125,
Wis. Stats.
PERMIT
Any permit issued by the Department.
PERSON
A natural person, sole proprietorship, partnership, limited-liability
company, corporation or association.
PREMISES or LICENSED PREMISES
The specific area described in a license or permit, whether
indoors and/or outdoors, within which alcohol beverages are to be
sold and/or consumed.
PRINCIPAL BUSINESS
The primary activity as determined by analyzing the amount
of capital, labor, time, attention and floor space devoted to each
business activity and by analyzing the sources of net income and gross
income. The name, appearance and advertising of the entity may also
be taken into consideration if they are given less weight.
RESTAURANT
Has the meaning as defined in § 254.61(5), Wis.
Stats., and whose sale of alcohol beverages accounts for less than
50% of the establishment's gross receipts.
SELL, SOLD, SALE or SELLING
Any transfer of alcohol beverages with consideration, or
any transfer without consideration if knowingly made for purposes
of evading the law relating to the sale of alcohol beverages, or any
shift, device, scheme or transaction for obtaining alcohol beverages,
including the solicitation of orders for, or the sale for future delivery
of, alcohol beverages.
UNDER THE INFLUENCE
Not only all the well-known and easily recognized conditions
and degrees of intoxication, but any abnormal mental or physical condition
which is the result of indulging to any degree in alcohol beverages
and which tends to deprive a person of the clearness of intellect
and control of himself or herself which he or she would otherwise
possess.
WINE
Products obtained from the normal alcohol fermentation of
the juice or must of sound, ripe grapes, other fruits or other agricultural
products, imitation wine, compounds sold as wine, vermouth, cider,
perry, mead and sake, if such products contain 0.5% or more of alcohol
by volume.
All alcohol beverage licenses issued by the Town of Milton shall
be displayed by the licensee in an enclosed frame having a transparent
front which allows the license/permit to be clearly read. The license
shall be conspicuously displayed in the room or place where the activity
subject to the license is conducted.
The Town of Milton shall issue no more Class A alcohol, Class
B alcohol, Class A beer or Class B beer fermented malt beverage licenses
than allowed by § 125.51, Wis. Stats. The Town Board may
further limit the number of licenses in any one or more classification
that shall be granted. The number of Class A alcohol licenses issued
by the Town Board shall not exceed one per 2,000 population of the
Town of Milton or fraction thereof.
The following fees shall be paid in conjunction with applications
and actions under this chapter:
A. Application fees.
(1) Class A alcohol license: for a year ending June 30, and prorated
for a lesser period of time ending on June 30.
(2) Class B alcohol license: for a year ending June 30, and prorated
for a lesser period of time ending on June 30.
(3) Class A beer license: $75.
(4) Class B beer license: $100 for a year ending June 30, and prorated
for a lesser period of time ending on June 30.
(5) Class C license: $100 for a year ending June 30, and prorated for
a lesser period of time ending on June 30.
(6) Temporary Class B alcohol license: $10.
(7) Temporary Class B beer license: $10.
(9) Temporary operator's license: no fee.
(10)
Provisional operator's license: $15.
(12)
Provisional Class A beer, Class A alcohol, Class B beer, Class
B alcohol, or Class C license: $15.
B. Renewal fees. Renewal fees shall be the same fee as for an original
application as stated above.
C. Publication minimum fee: $20 per license (state law requires the
publication of all alcohol beverage license applications; if publication
costs shall be more than $20, the Town Clerk notify the applicant
of any additional amount due, which shall be paid prior to the issuance
of any license).
D. Transfer of license fee: $10 (including the transfer of a license
to a successor agent).
The provisions of this chapter are severable. If any section,
subsection, sentence, clause, phrase or portion of this chapter is
for any reason held invalid or unconstitutional, such portion shall
be deemed a separate, distinct and independent provision, and such
holding shall not effect the validity of the remaining portions thereof.
[Added 3-8-2021 by Ord. No. 2021-1]
A. Purpose.
Wis. Stats., § 125.51(4), limits the number of retail Class
B alcohol licenses that a municipality may issue. In light of this
statutory quota, the Town desires to grant and issue Class B alcohol
retail licenses to licensees who demonstrate the continuation of a
business satisfactory to the Town. Retention of a Class B alcohol
retail license by a party not conducting business is hereby declared
to be against public policy and lacks value to the Town.
B. Authority.
The Town Board has authority under Wis. Stats., § 125.10,
and as set forth in Wis. Stats. §§ 60.10(2)(c) and
60.22(3) to adopt this section.
C. Definitions.
BUSINESS CONTINUATION
Open for business and demonstrating a continuation of business in accordance with the terms of Subsection
D of this section.
OPEN
Conducting business publicly at least six hours per calendar
day.
D. Standard.
It shall be a condition of maintaining and keeping a Class B alcohol
retail license in the Town that the licensee continue a business.
A licensee of a Class B alcohol retail license is not demonstrating
business continuation if any of the following is demonstrated:
(1) The
licensed premises have not been open for business and conducting business
on the premises for activities for which the license was granted for
at least 60 consecutive days in any 180-day period.
(2) The
licensee has voluntarily vacated the premises more than 10 days before
the hearing held under this section.
(3) The
licensee was ordered by a court of competent jurisdiction to vacate
the premises at least 10 days before the hearing held under this section.
E. Suspension,
revocation, nonrenewal of license.
(1) In
the event any licensee violates this section, disciplinary action
may be taken by the Town Board, which may include, but is not limited
to, suspension, revocation, or nonrenewal of this license. Any license
that has been revoked shall not be reinstated within six months of
the date of revocation.
(2) In
the event a disciplinary action is taken against an alcohol licensee,
the Town Board shall comply with the procedure set forth in Wis. Stats.,
§ 125.12(2).
(3) Evidence
and testimony to be considered at the hearing shall be provided in
open session. The Town Board may go into closed session to deliberate
its decision provided proper notice has been given.
(4) There
is no refund of a fee to the licensee for a license that is revoked.
(5) In
lieu of a hearing, the Town Board may accept the surrender of a license
from the licensee.
F. Exemption.
(1) Class
B alcohol retail licenses granted by the Town Board but not yet issued
are exempt from the requirements of this section.
(2) Class
B alcohol retail licenses granted to seasonal businesses are exempt
from the provisions of this section during their off-season months.
However, the provisions herein shall apply during the seasons the
business is open.
G. Severability.
In the event any portion of this section is or becomes invalid or
illegal, the remaining portions shall remain in full force and effect.