[HISTORY: Adopted by the Village Board of the Village of
Coloma as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-30-1994 as
Title 7, Ch. 2, of the 1994 Code]
The provisions of Ch. 125, Wis. Stats., and §§ 938.344
and 778.25, 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 amendment,
revisions or modifications of the statutes incorporated herein are
intended to be made a part of this article.
As used in this article, the terms "alcohol beverages," "intoxicating
liquors," "sell," "sold," "restaurant," "club," "retailer," "person,"
"fermented malt beverages," and "wholesalers" shall have the same
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 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 Clerk/Treasurer 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.[1]
B.
Retail "Class B" intoxicating liquor license. A retail "Class B"
intoxicating liquor license, when issued by the Clerk/Treasurer under
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, and 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.[2]
C.
Class "A" fermented malt beverage retailer's license. A Class "A"
fermented malt beverage retailer's license, when issued by the Clerk/Treasurer
under the authority of the Village Board, shall entitle the holder
thereof to possess, sell or offer for sale fermented malt beverage
only for consumption away from the premises where sold, and in the
original packages, containers or bottles.
D.
Class "B" fermented malt beverage retailer's license. A Class "B"
fermented malt beverage retailer's license when issued by the Clerk/Treasurer
under the authority of the Village Board shall entitle the holder
thereof to possess, sell or offer for sale, fermented malt beverages,
either to be consumed upon the premises where sold or away from such
premises. The holder may also sell beverages containing less than
1/2 of a percentum of alcohol by volume, without obtaining a special
license to sell such beverages.
E.
Special Class "B" fermented malt beverage picnic license.
(1)
A special Class "B" fermented malt beverage picnic license, when
issued by the Clerk/Treasurer under authority of the Village Board,
as provided for in § 125.26(6), Wis. Stats., shall entitle
the holder thereof to possess, sell or offer for sale fermented malt
beverages at a particular picnic, post meeting, fair or similar gathering.
Such license may be issued only to bona fide clubs and chambers of
commerce, state, county or local fair associations or agricultural
societies, to churches, lodges or societies that have been in existence
for not less than six months prior to the date of application for
such license or to posts of ex-servicemen's organizations now or hereafter
established. Such license is valid for dates as approved by the Village
Board.[3]
(2)
Application for such license shall be signed by the president or
corresponding officer of the society making such application and shall
be filed with the Clerk/Treasurer together with the appropriate license
fee for each day for which the license is sought. The license shall
specify the hours and dates of license validity.[4]
A.
The following fees shall be chargeable for licenses issued by the
Village Board:
B.
License applicants shall also pay publication costs.
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 State Treasurer and shall be sworn to by the
applicant as provided by §§ 887.01 to 887.03, Wis.
Stats., and shall be filed with the Clerk/Treasurer 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.[1]
B.
Corporations. Such application shall be filed and sworn to by the
applicant, if an individual, and by the president and secretary, if
a corporation.
C.
Publication. The application shall be published at least once in
the official Village newspaper, and the cost of publication shall
be paid by the applicant.
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.
A.
Residence requirements. A retail Class "A" or retail Class "B" fermented
malt beverage license or “Class A” or “Class B”
intoxicating liquor license shall be granted only to persons who are
citizens of the United States and of Wisconsin.[1]
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.[2]
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. No Class "A" or "B" license shall be granted to
any person who has not attained the legal drinking age except that
an operator's license may be issued to a person who has attained the
age of 18.[3]
E.
Corporate restrictions.
(1)
No license shall be granted to any corporation which does not comply
with the provisions of § 125.04(6), Wis. Stats., which does
not have an agent eligible for a license under this article or under
state law, or which has more than 50% of the stock interest, legal
or beneficial, in such corporation held by any person or persons not
eligible for a license under this article or under state law.
(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 Clerk/Treasurer 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.
Separate licenses. A separate license shall be required for each
business premises where intoxicating liquor or fermented malt beverages
are kept, sold or offered for sale.
The Clerk/Treasurer shall notify the Chief of Police, Chief
of the Fire Department and Building 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 Village Board, in writing, 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.
In determining the suitability of an applicant, consideration shall
be given to the moral character and financial responsibility of the
applicant, the appropriateness of the location and premises proposed
and generally the applicant's fitness for the trust to be reposed.
B.
No license shall be granted for operation on any premises or with
any equipment for which taxes or assessments or other financial claims
of the Village are delinquent and unpaid.
C.
No license shall be issued unless the premises conform to the sanitary,
safety and health requirements of the State Building Code and the
regulations of the State Department of Health Services and Waushara
County Health Department 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]
[Amended 10-3-2014 by Ord. No. 14-02]
A.
Class "A"/"Class A," Class "B"/"Class B," Class C licenses: 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 Clerk/Treasurer shall issue to the applicant
a license, upon payment by the applicant of the license fee to the
Village. The fee shall be paid to the Clerk/Treasurer who shall deposit
the same in the general fund.[1]
B.
Temporary Class "B" (picnic) beer and temporary "Class B" (picnic)
wine licenses: Upon submission of proper application and payment of
a fee of $10, the Village Clerk/Treasurer may issue to any qualified
organization a temporary Class "B" (picnic) beer or temporary "Class
B" (picnic) wine license.[2]
(1)
For purposes of this section, a "qualified organization" includes
any bona fide club and chamber of commerce that has been in existence
for at least six months prior to the date of the application; any
state, county or local fair association or agricultural society; any
church, lodge or society that has been in existence for at least six
months prior to the date of application; or any post, now or hereafter
established, of ex-servicemen's organizations.
(2)
Any temporary license issued pursuant to this section shall be valid
for the day or consecutive days that the specified event is in progress.
(3)
No temporary license may be issued pursuant to this section to any
organization having any indebtedness to any wholesaler for more than
15 days for beer or 30 days for wine.
(4)
All temporary licenses' applications must be approved by the Chief
of Police prior to issuance, and reported to the Village Board at
the next regular Village Board meeting.
(5)
The license shall require that a licensed operator must be present
at all times while beer or wine is served pursuant to the provisions
of said license.
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 Clerk/Treasurer.
Proceedings for such transfer shall be had in the same form and manner
as the original application. The fee for such transfer is $10. Whenever
a license is transferred, the Clerk/Treasurer shall forthwith notify
the State Treasurer of such transfer.
B.
Whenever the agent of a corporate holder of a license, for any reason,
is replaced, the licensee shall give the Clerk/Treasurer 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 Clerk/Treasurer
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 and the Wisconsin Department
of Revenue.
All licenses shall be numbered in the order in which they are
issued and shall clearly state 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 provision 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 persons 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" "B" licenses granted hereunder shall be
granted subject to the following conditions, all other conditions
of this section, ordinances and regulations of the Village 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 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 A”, “Class
B”, “Class C”, Class “A”, Class “B”
licensee shall employ any person under the age of 18, unless said
person is a member of the license holder’s immediate family.[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.
D.
Licensed operator on premises. There shall be upon the premises operated
under a “Class A”, “Class B”, “Class
C”, Class “A”, Class “B” license, at
all times, the licensee 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 serving intoxicating beverages to
customers. No person other than the license shall serve intoxicating
beverages in any place operated under a “Class A”, “Class
B”, “Class C”, Class “A”, Class “B”
license unless he/she possesses an operator’s license who is
at the time of such service upon said premises.”[2]
E.
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”, “Class C”, and
Class “B” liquor licenses issued under this article. No
“Class B”, “Class C”, and Class “B”
license shall be issued unless the premises to be licensed conform
to such rules and regulations.[3]
F.
Restrictions near schools and churches. No retail “Class A”,
“Class B”, “Class C”, Class "A" or Class "B"
license shall be issued for premises wherein 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.[4]
A.
Required
closing hours are as follows:
|
Closing Hours
| |||
|---|---|---|---|
|
Type of License
|
Off-Premises
(carry-outs)
|
On-Premises Consumption
| |
|
Class "A" beer
|
Midnight to 6:00 a.m.
|
Not permitted
| |
|
Class "B" beer
|
Midnight to 6:00 a.m.
|
Monday to Friday, 2:00 a.m. to 6:00 a.m.
| |
|
Saturday to Sunday, 2:30 a.m. to 6:00 a.m.
| |||
|
"Class A" liquor
|
9:00 p.m. to 6:00 a.m.
|
Not permitted
| |
|
"Class B" liquor and "Class C" wine
|
Midnight to 6:00 a.m. (if allowed)
|
Monday to Friday, 2:00 a.m. to 6:00 a.m.
| |
|
Saturday to Sunday, 2:30 a.m. to 6:00 a.m.
| |||
|
NOTES:
| ||
|
On January 1, Class "B" beer and "Class B" liquor
licensed establishments are not required to close, but the prohibition
on sales for off-premises consumption between midnight and 6:00 a.m.
remains in effect. Municipalities may only impose more restrictive
hours on sales for off-premises consumption (carry-outs).
| ||
|
On Saturday and Sunday, no premises may remain open 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), no premises may
remain open between 3:30 a.m. and 6:00 a.m. Applies to Class "B,"
"Class B" and "Class C" premises. See §§ 125.32(3)(a)
and 125.68(4)(c).
| ||
Groups that have been granted a special Class "B" fermented
malt beverage license shall comply with the following conditions of
license:
B.
Holders of special Class "B" fermented malt beverage licenses shall
fully comply with all provisions of this Code and the Wisconsin Statutes.
C.
For indoor events, the structure used must have suitable exits and
open spaces to accommodate anticipated attendance. It should contain
adequate sanitary facilities to accommodate the size of the group.
D.
The special Class "B" fermented malt beverage license shall be posted
in a conspicuous place and shall specify the dates and hours for which
said license is issued.
A.
No person holding a license under the provisions of Ch. 125, Wis.
Stats., or this article shall conduct any dance to which the public
is admitted without first obtaining a dance permit from the Village
Board. The permit shall be in such form as the Village Board determines
and shall be granted upon such terms and conditions as the Village
Board deems necessary. In considering the granting of said dance permit,
the Village Board shall consider factors including, but not limited
to, the following:
B.
Applications for dance permits shall be accompanied by a fee of $25
for the purpose of offsetting costs involved.
A.
Procedure. Except as hereinafter provided, the provisions of § 125.12(2)(a),
(b) and (c), Wis. Stats., shall be applicable to proceedings for the
revocation or suspension of all licenses or permits granted under
this section. Revocation or suspension proceedings may be instituted
by the Village Board upon its own motion by adoption of a resolution.
B.
Suspension of licenses. The Village President or the Chief of Police, upon obtaining reasonable information that any licensee has violated any provision of this section or any state or federal alcohol beverage law or committed any felony may suspend the license or permit of such person for a period not to exceed 10 days pending hearing by the Village Board pursuant to Subsection A.
C.
Automatic revocation. Any license or permit issued under the provisions
of this section shall stand revoked without further proceedings upon
the conviction of a licensee or permittee or his/her employee, agent
or representative of a second offense under this article or Ch, 125,
Wis. Stats., or any other state or federal alcohol beverages law or
any felony.
D.
Repossession of license or permit. Whenever any license or permit
under this section shall be revoked or suspended by the Village Board,
Village President or Chief of Police or action of any court, it shall
be the duty of the Clerk/Treasurer to notify the licensee or permittee
of such suspension or revocation and to notify the Chief of Police,
who shall take physical possession of the license or permit wherever
it may be found and file it with the Clerk/Treasurer's office.
[Added 8-30-2012 by Ord.
No. 12-03]
In addition to all other grounds for revocation, suspension
or nonrenewal of intoxicating liquor and fermented malt beverage licenses
permitted under § 125.12, Wis. Stats., which are incorporated
herein by reference, or otherwise permitted by these ordinances, the
following shall constitute a basis for the Village Board to suspend,
revoke or refuse to renew a renewal of a license:
A.
The subject premises is not open for business with stock and equipment
within 180 days of the granting of such license; the Village Clerk/Treasurer,
for good cause, may extend said one-hundred-eighty-day period of time
for an additional 180 days if all of the following conditions exist:
(1)
At the time of the application, the real property sought to be licensed
did not have a permanent structure on it; and
(2)
At the time of the application, the real property sought to be licensed
is either owned by the applicant, or is under lease to the applicant
for a period greater than one year from the date of the application,
or subject to an accepted offer to purchase, not conditioned on a
future event. The deed, lease or offer to purchase must be presented
to the Village Clerk/Treasurer for review; and
(3)
At the time of the application, the applicant submits a floor plan
for the structure intended to be constructed on the real property,
said floor plan specifying that portion of the structure which is
to be licensed; and
(4)
The applicant agrees in writing, as part of the application, to submit
to the Village Clerk/Treasurer within 180 days of the granting of
the license or licenses a copy of the building permit and a copy of
the deed showing present ownership of the real property by the applicant
if the original application contained an offer to purchase copy and
not the deed; and
(5)
The applicant agrees in writing as part of the application to be
diligent in all efforts to get the structure built and stocked within
180 days of the granting of the license.
B.
The license has not been issued following the granting by the Village
Board contingent upon compliance with Village requirements.
C.
The subject premises is not open for business at least six hours
a day on 50% of the days within a sixty-day period, either within
a licensing year, or overlapping two licensing years.
D.
The licensee does not own or lease the premises for which the license
is issued and from which business may be conducted.
E.
The licensee suspends or ceases doing business for a period of 45
days or more during a sixty-day period; the Village Clerk/Treasurer,
for good cause, may extend said period for an additional 90 days on
application of the license holder, or on the application of a mortgage
holder or other lien holder against the premises for which the license
has been granted due to the fact that the property is in foreclosure.
The Village Administrator may extend said period of time through the
confirmation of the foreclosure sale or confirmation of title in another
entity.
F.
An establishment has been deemed to cease doing business when any
of the following occurs:
(1)
The alcohol beverage license is surrendered to the Village Clerk/Treasurer
absence the issuance of a newly granted license; or
(2)
The establishment fails to maintain open and active accounts with
its food and/or alcohol distributors; or
(3)
The alcohol beverage license holder fails to submit a renewal application
to the Village Clerk/Treasurer before the last possible submittal
date.
G.
An applicant or establishment has not paid current any fine, personal
property tax, assessment, fee, charge, or other debt owed the municipality.
There shall be upon the premises operated under a "Class A"
or "Class B" intoxicating liquor license or a Class "B" fermented
malt beverage license, at all times the licensee, or some other person
who shall have an operator's license and who shall be responsible
for the acts of all persons serving or selling any intoxicating liquor
or fermented malt beverage to customers. No person other than the
licensee shall serve or sell fermented malt beverages or intoxicating
liquor in any place operated under the “Class A”, “Class
B”, “Class C”, Class "A" or Class "B" licenses unless
he/she shall possess an operator's license or unless he/she shall
be under the immediate supervision of the licensee or a person holding
an operator's license who shall be upon the premises at the time of
such service.
[Amended 11-16-2017 by Ord. No. 17-02; 5-28-2020 by Ord. No. 20-02]
A.
The Clerk-Treasurer
may issue a license, known as an "operator's license," which shall
be granted pursuant to the Village's discretion and upon application,
in writing, filed with the Village Clerk-Treasurer. Licenses shall
be granted only to persons 18 years of age and over. An operator's
license shall be operative only within the limits of the Village of
Coloma.
B.
The Village
Police Chief must screen all new applicants before any license is
issued.
C.
Licenses
shall be issued and numbered in the order they are granted and shall
give the applicant's name and address and the expiration date of said
license.
D.
All fees
are to be collected at the time of application
E.
A list
of issued operator licenses is to be provided to the Village Board
at subsequent Village Board meetings.
A license issued under the provisions of this article shall
be valid for a period of one year and shall expire on the 30th day
of June.
The fee for an operator's license shall be $20.
[1]
Editor's Note: Former § 171-24, Issuance, was repealed 5-28-2020 by Ord. No. 20-02.
Each license issued under the provision of this article shall
be posted on the premises whenever the operator dispenses beverages.
Violation of any of the terms or provisions of the state law
or of this article relating to an operator's license by any person
holding such operator's license shall be cause for revocation of the
license.
[Added 8-25-2016 by Ord.
No. 16-02]
A.
The Village
Clerk/Treasurer may issue a provisional operator's license 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, whichever is sooner. The Chief of Police shall
submit to the Clerk/Treasurer a report regarding the applicant's conviction
history, if any. The applicant for such provisional license must present
evidence to the Clerk/Treasurer establishing that the applicant is
enrolled in a responsible beverage server training course established
pursuant to § 125.17(6), Wis. Stats. The Village Clerk/Treasurer
may, upon receiving an application for a provisional license, issue
such a license without requiring the successful completion of the
approved training course as described herein. However, such provisional
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 training course and the Village
approval process to allow for the applicant to obtain a regular operator's
license. 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 a provisional operator's license
and who failed to complete the responsible beverage server training
course. The Village Clerk/Treasurer shall provide an appropriate application
form to be completed in full by the applicant. The Village Clerk/Treasurer
may revoke the provisional license issued if he/she discovers that
the holder of the license made a false statement on the application.
A provisional license shall not be renewed.
B.
The fee
for a provisional license will be set by the Village Board, but may
not exceed $15 in accordance with § 125.17(5)(c), Wis. Stats.
[Added 8-25-2016 by Ord.
No. 16-02]
A.
B.
Any person who shall violate any provision of this article, except as otherwise provided in Subsection A herein, or who shall conduct any activity or make any sale for which a license is required without such license shall be subject to a forfeiture as provided in § 1-2, General penalty, of this Code.
C.
Nothing herein shall preclude or affect the power of the sentencing
court to exercise additional authorities granted by Wisconsin Statutes.
[Adopted 6-30-1994 as
Title 9, Ch. 5, of the 1994 Code]
A.
Alcohol beverages in public areas. It shall be unlawful for any person
to sell, serve, offer to sell or serve, consume, carry or expose to
view any open container of any alcohol beverage upon any street, sidewalk,
alley, public park, highway or other public way within the Village
or on private property without the owner's consent, except that this
section shall not apply during those times one hour before and after
a parade authorized by the Village Board. The provisions of this section
may be waived by the Village Board for duly authorized events at public
parks.
B.
ALCOHOL BEVERAGE
PUBLIC AREA
Definitions. As used in this article, 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
and 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.
Any location within the Village which is open to access to
persons not requiring specific permission of the owner to be at such
locations, including (without exclusion by reason of this enumeration)
all parking lots serving commercial establishments. Notwithstanding,
no private yard adjacent to and serving a private residence shall
be construed to be a "public area" within the meaning of this definition.
[1][1]
Editor's Note: The following original sections of the 1994 Code which immediately and respectively followed this definition were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III): Section 9-5-2, Sales to minors restricted; penalty, Section 9-5-3, Minors present in place of sales; penalty; Section 9-5-4, Possession of alcoholic beverages; consumption in public places; penalty; Section 9-5-5, Misrepresentation of age; penalty; Section 9-5-6, Possession of alcoholic beverages on school grounds prohibited; penalty.
A.
No person, except the owner or operator of a business licensed to
sell alcohol beverages under Ch. 125, Wis. Stats., shall bring a handgun
into a place of business licensed to sell alcohol beverages under
Ch. 125, Wis. Stats., or shall possess a handgun at such place of
business while the premises is open for business. For the purposes
of this section, the definition of "handgun" shall be that contained
in § 175.35(1), Wis. Stats.[1]
B.
Priority of this section. This section shall take priority over any
previous enactment inconsistent therewith. In the event that this
section shall be inconsistent with any prior section, the prior section
shall be repealed but only to the extent of such inconsistency.
C.
Severability. The provisions of this section are severable and the
invalidity of one or more of the provisions of this section shall
not invalidate the remaining provisions.
