[Adopted 5-20-1998 by Ord. No. 95]
Pursuant to § 125.06(6), Wis. Stats., the Town Board
elects to exercise the authority to sell fermented malt beverages,
including those wine coolers classified as fermented malt beverages,
at the times, places and upon the conditions set forth herein.
Sales are authorized at the Town of Algoma public park which
is operated by the Town and is determined to consist of all contiguous
Town-owned property, exclusive of road rights-of-way, located at the
northwest corner of North Oakwood Road and County Trunk Highway E,
more particularly described as follows:
That part of the South East 1/4 of the North East 1/4 of Section
Twenty (20) Township Eighteen (18) North, of Range Sixteen (16) East,
in the Town of Algoma, Winnebago County, Wisconsin, described as follows,
viz: Commencing at the Southeast corner of said North East 1/4; thence
west, along the South line of said North East 1/4, 498.8 feet, to
the extended East line of Lullabye Road; thence north, along the extended
East line and East line of said Lullabye road, 565.0 feet, to the
South line of Manor Road; thence east, along the South line of said
Manor road, 284.0 feet, more or less, to a point that is 214.5 feet
west of the East line of said North East 1/4; thence south, parallel
with and 214.5 feet distant from the East line of said North East
1/4, 275.5 feet; thence east, parallel with the South line of said
North East 1/4, 214.5 feet, to the East line thereof, thence south,
along the East line of said North East 1/4, 289.5 feet, to the place
of beginning, excepting therefrom that portion thereof included within
the limits of County Trunk Highway "E."
Sales shall occur at such times as the Town Board may from time
to time grant a Class "B" retail license for the sale of fermented
malt beverages at a gathering or picnic.
[Adopted 8-18-2004 by Ord. No. 115]
This article is intended to adopt Chapter 125, Wisconsin Statutes,
with certain exceptions. Its purpose is also to establish additional
procedures, rules and regulations in the Town of Algoma for the sale
of alcohol beverages and wine with 1/2 of 1% of alcohol by volume
or more. This article is intended to be in compliance with Chapter
125, Wisconsin Statutes.
The provisions of Chapter 125, Wisconsin Statutes, and any amendatory
provisions thereto, relating to intoxicating liquor and fermented
malt beverages, exclusive of any provisions thereof relating to the
penalty to be imposed or the punishment for violation of statutes,
are hereby adopted and made a part of this article by reference. The
penalty for violation of any provision of this article is set forth
below.
The provisions of this article shall be enforced by the Town
Clerk, the Town Board, or the Winnebago County Sheriff's Department.
The definitions of terms as set forth in Chapter 125, Wisconsin
Statues, and elsewhere in said statutes shall apply to this article.
[Amended 1-18-2012 by Ord. No. 144]
Fees are set by the Town Board.
[Added 1-18-2012 by Ord.
No. 144]
A. Class A beer/liquor license restriction on dispensing.
(1) Class "A" premises may remain open for the conduct of their regular
business but may not sell, dispense or give away fermented malt beverages
between 12:00 midnight and 6:00 a.m. [§ 125.32(3)(b), Wis.
Stats.; 2011 Wis. Act 97]
(2) No premises for which a "Class A" license or permit has been issued
may remain open for the sale of intoxicating liquor between the hours
of 9:00 p.m. and 6:00 a.m. [§ 125.68(4)(b), Wis. Stats.;
2011 Wis. Act 97]
B. Class B beer/liquor license restriction on dispensing.
(1) No premises for which a Class "B" license or permit is issued may
remain open between the hours of 2:00 a.m. and 6:00 a.m., except as
provided in this subsection and § 125.32(3)(c), Wis. Stats.
On Saturday and Sunday, the closing hours shall be between 2:30 a.m.
and 6:00 a.m., except that, on the Sunday that daylight saving time
begins as specified in § 175.095(2), Wis. Stats., the closing
hours shall be between 3:30 a.m. and 6:00 a.m. On January 1 premises
operating under a Class "B" license or permit are not required to
close. [§ 125.32(3)(a), Wis. Stats.]
(2) Between 12:00 midnight and 6:00 a.m. no person may sell, dispense
or give away fermented malt beverages or intoxicating liquor on a
Class "B" or "Class B" licensed premises in an original unopened package,
container or bottle or for consumption away from the premises. [§§ 125.32(3)(am)
and 125.68(4)(c)3, Wis. Stats.]
Licenses shall be issued pursuant to § 125.17, Wis.
Stats. Applicants shall also be required to do the following:
A. Complete application form provided by the Town of Algoma.
B. New bartenders shall appear before the Town of Algoma Board when
applying the first time.
C. The Town Clerk may issue a provisional operator's license to a person
who has applied for an operator's license under this section and who
is enrolled in a training course and has not previously been denied
such a license by the Town Board. A provisional license shall be issued
to a person who pays the applicable fee and files a certified copy
of a valid operator's license issued by another municipality. A provisional
license expires 60 days after its issuance or when an operator's license
under this section is issued to the holder, whichever is sooner. If
issued on the basis of a license issued by another municipality, it
shall expire upon the expiration of the license issued by the other
municipality. The Town Clerk who issues such a provisional license
may revoke the license if he or she discovers that the holder of the
license made a false statement on the application or upon denial of
the application for an operator's license. If issued on the basis
of a license issued by another municipality, it may be revoked if
the Clerk determines that the license issued by the other municipality
is not valid.
D. The Town Clerk shall have a record check performed on each applicant.
Information shall specifically be requested through the Winnebago
County Sheriff's Department, any other municipality in which the applicant
resides, has resided or has been licensed, and any other sources the
Clerk deems appropriate.
Pursuant to §§ 125.26(6) and 125.51(10), Wis.
Stats., the Town Board of the Town of Algoma hereby authorizes the
Town Clerk of the Town of Algoma to issue temporary Class "B" beer
licenses and temporary "Class B" wine licenses. The Town Clerk's authority
to issue these licenses without Town Board action is to be effective
only when the license application is received within 24 hours of a
scheduled Board meeting, or at a time following such a meeting when
it requests a license for a time period prior to the next regularly
scheduled Board meeting. The Clerk is hereby authorized to approve
and issue such a license without Town Board approval provided the
following conditions are met:
A. The applicant has not held a suspended license or had a revocation
of license within the year prior to application.
B. There is no history of criminal convictions, to the Clerk's knowledge.
(The Clerk is authorized to clarify this information.)
C. The application has been completed to the Clerk's satisfaction.
D. The Town Chair is notified by the Clerk, either orally or in writing,
and expresses no objection within 24 hours of notice, mailing and
transmission.
E. The license fee established by the Town Board has been paid.