[Adopted by the Town Board of the Town of Pittsfield 5-13-1997 as § 5.601
of the 1997 Code; amended October 2007. Subsequent amendments noted
where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 179.
The provisions of Ch. 125, Wis. Stats., enumerated below and
as amended from time to time, exclusive of any provisions relating
to any penalty to be imposed or the punishment for the violation of
such statutes, unless otherwise indicated, are hereby adopted by reference
and made a part of this chapter:
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Section
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Title
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|---|---|
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125.02
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Definitions
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125.04
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General licensing requirements
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125.07
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Underage and intoxicated persons; presence on licensed premises;
possession; penalties
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125.09
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General restrictions
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125.12(1), (2) and (3)
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Revocations, suspensions, refusals to issue or renew
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125.14
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Enforcement provisions
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125.25
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Class "A" licenses
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125.26
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Class "B" licenses
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125.32
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General restrictions and requirements (fermented malt beverages)
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125.51
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Retail licenses and permits
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125.67
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Evading provisions of law by giving away intoxicating liquor;
penalties
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125.68
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General restrictions and requirements (intoxicating liquor)
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A.
License required. No Class "B" licensee, under § 125.26,
Wis. Stats., shall permit the sale or consumption of fermented malt
beverages outdoors on the property on which his licensed premises,
under § 125.26, Wis. Stats., is located in the Town of Pittsfield
without first obtaining and maintaining a license under the provisions
of this section.[1]
B.
Licensing requirements.
(1)
Application. Every application for a license required by this section
shall be made upon forms provided through the Town Clerk. The Town
Clerk shall issue a license to the applicant upon the applicant's
compliance with all provisions of the Town of Pittsfield ordinances,
approval of the Town Board and upon payment of the proper fee.
(2)
Beer garden facilities.
(a)
Annual license. The applicant for an annual license shall provide,
under such permits as shall be required by the Zoning Administrator,
an outdoor area that meets the following requirements:
[1]
The location of the beer garden must be entirely within the
perimeter of the applicant's property on which the applicant's licensed
premises is located.
[2]
The beer garden must be contiguous and connected to the applicant's
licensed premises.
[3]
The beer garden must be enclosed with a fence not less than
60 inches in height, whose individual strands or members are no more
than four inches apart and of sufficient construction so as to preclude
passage through such fence, and which fence shall contain only emergency
exits. The only other exit or exits from the enclosed area shall be
through the licensed premises.
[4]
The location of the fence on the property shall be subject to
all applicable Town of Pittsfield fence setback requirements.
(b)
Single event license. The applicant for a single event license
shall provide an outdoor area that meets the following requirements:
[1]
The location of the beer garden must be entirely within the
perimeter of the applicant's property on which the applicant's licensed
premises is located.
[2]
The beer garden must be enclosed with a temporary fence of not
less than 48 inches in height whose individual strands or members
are no more than four inches apart so as to preclude passage through
such fence except at specifically designated gates or openings.
[3]
The location of the fence on the property shall be subject to
all applicable Town fence setback requirements.
(3)
Approval of application.
(a)
In determining the suitability of an application for a license
hereunder, consideration shall be given to the business conduct and
financial responsibility of the applicant, the appropriateness of
the location or premises proposed and, generally, the applicant's
fitness for the trust to be reposed.
(b)
No license shall be issued hereunder unless the applicant's
licensed premises conform to sanitary, safety, and health regulations
under the state building code.
(4)
Conditions of the license.
(a)
Single event time limit. A single event license shall be valid
for a time period no greater than seven days.
(b)
Disorderly conduct prohibited. Each licensee hereunder shall,
at all times, conduct his affairs in an orderly manner, and no disorderly,
riotous or indecent conduct shall be allowed at any time on any premises
licensed hereunder.
(c)
Noise control. The licensee hereunder shall be responsible for noise control emanating from the beer garden area and shall maintain such area in compliance with Chapter 179, Nuisances, of this Code.
(d)
Regulatory conditions. The Town Board reserves the right to
impose, as conditions precedent to the approval, issuance and granting
of any license hereunder, any such other and further condition, requirement
or obligation as it, in its sole discretion, deems just and reasonably
necessary under the circumstances to preserve and protect the public
welfare of the community.
A.
Purpose. This section allows the Town Clerk to issue temporary Class
"B" beer and temporary "Class B" wine licenses, also known as "picnic
licenses," without prior Town Board approval.
B.
Eligibility. Each applicant must be a bona fide club, county or local
fair association, agricultural society, church, lodge or society that
has been in existence for at least six months before the date of application
or a post of a veterans organization.
C.
Term. The temporary retail license shall be effective for a single
day or a series of consecutive days, as indicated on the license.
Each event requires a separate license.
D.
Waiting period.
(1)
Applications for a temporary Class "B" beer license for an event
lasting less than four days shall be submitted to the Clerk seven
days prior to the granting of the license.
(2)
Applications for a temporary Class "B" beer license for events lasting
longer than four days shall be submitted at least seven days prior
to the granting of the license.
(3)
All applications for a "Class B" wine license shall be filed with
the Clerk at least seven days prior to the granting of the license.
E.
Issuance. Upon receiving a completed application for a temporary
retail license (AT-315) and the requisite license fee, the Town Clerk
shall verify that the applicant meets the legal qualifications necessary
to hold the license. Upon being satisfied that the applicant meets
the qualifications for the license, the Clerk shall issue the license
following completion of the required waiting period.
F.
Fees. The fee shall be outlined in the Town's Fee Schedule. The fee
for a temporary retail license pursuant to § 125.51(10),
Wis. Stats., shall not exceed $10. If an organization is applying
for both a temporary Class "B" beer license and a temporary "Class
B" wine license for the same event, the maximum fee is still $10.
See § 125.51(10), Wis. Stats.
A.
Purpose. This section allows for issuance of a provisional operator's
license to those applying for a regular operator's license for the
service or sale of alcohol beverages. A provisional operator's license
may only be issued to:[1]
(1)
Those persons that have not completed a responsible beverage server
training course. At the time of application, the applicant for a provisional
operator's license must present proof that the applicant is enrolled
in a training course under § 125.17(6), Wis. Stats.
(2)
Those persons who, at the time of application and payment for an
operator's license, present a certified copy of a valid operator's
license issued by another Wisconsin municipality.
(3)
Those persons who, at the time of application and payment for an
operator's license, meet the requisite training requirement and wish
to commence work as an operator before the Board will be able to meet
to decide their application.
B.
Eligibility. Each applicant must be at least 18 years of age and
have completed an application form supplied by the Town Clerk. All
arrests and convictions of the applicant shall be disclosed on the
application or an attached sheet.
C.
Term. The provisional operator's license shall be effective for 60
days from the date of issue, or until a regular operator's license
is issued, whichever is sooner.
D.
Issuance. Upon written application for an operator's license, the
Clerk shall conduct a record check for past crimes or arrests. If
the applicant has no past crimes or arrests, the Clerk is authorized
to issue a provisional operator's license to the applicant. The Town
Board shall review the issuance of any such provisional operator's
license at the next regularly scheduled Town Board meeting, reserving
final approval authority. If the applicant does have an arrest or
conviction record, the Town Board must determine whether the provisional
operator's license will be issued.
F.
Revocation.
(1)
The Clerk may revoke a provisional operator's license if:
(a)
He or she discovers that the holder of the license made a false
statement on the application for the license.
(b)
He or she discovers that the operator license issued by the
other Wisconsin municipality is not valid.
(c)
The Town Board denies the person's application for a regular
operator's license.
(2)
Upon making the decision to revoke, the Clerk shall mail or have
a written notice delivered to the license holder, notifying the person
of the action taken, the reason(s) for such action, and the right
to have a license review hearing before the Town Board, upon the applicant's
request. When a request for a hearing is made, the Board shall follow
the general procedures as set forth in § 125.12, Wis. Stats.,
although no complaint is required. The Clerk shall notify the licensee
of the Board time scheduled for hearing the matter, by mail or hand
delivery. Any mail notice in this section is sufficient if mailed
via first-class mail to the last known address of the licensee, in
an envelope containing the return address of the Town Clerk. No request
for a license review hearing is valid when received past the final
day the provisional operator's license would have been effective.
