[Adopted 4-1-2004 (Title
7, Ch. 2, Art. B, of the 2004 Code of Ordinances)]
A.
Operator's licenses; Class "A," Class "B" or "Class C" premises.
Except as provided under § 125.32(3)(b) and § 125.07(3)(a)10,
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.
A.
The Town Board may issue an operator's license, which license
shall be granted only upon application, in writing, on forms to be
obtained from the Town Clerk only to persons 18 years of age or older.
Operator's licenses shall be operative only within the limits
of the Town.
B.
All applications are subject to an investigation by 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. These authorities may 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 authorities may recommend, in writing, to the Town
Board approval or denial of the application. If the authorities recommend
denial, the authorities shall provide, in writing, the reasons for
such recommendation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Licenses issued under the provisions of this chapter shall be
valid for a period of two years and shall expire on the 30th day of
June of each odd year.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A provisional operator's license may be issued by the Town Board
in accordance with § 125.17(5), Wis. Stats., only to a person
who has applied for an operator's license. A provisional license may
not be issued to any person who has been denied a license by the Town
Board. A provisional license expires 60 days after its issuance or
when a regular operator's license is issued to the holder, whichever
is sooner. The fee for a provisional license shall be as set forth
in the Town's current Fee Schedule.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The annual fee for an operator's license or provisional
license shall be in accordance with the Town Board's current
Fee Schedule for the term or part thereof.
A.
After the Town Board approves the granting of an operator's
license, the Town 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.
B.
Application denial; reconsideration request.
(1)
If the application is denied by the Town Board, the Town 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 Town 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.
(2)
If, upon reconsideration, the Board again denies the application,
the Town 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.
C.
License granting or denial considerations.
(1)
Consideration for the granting or denial of a license will be based
on:
(a)
Arrest and conviction record of the applicant, subject to the
limitations imposed by §§ 111.321, 111.322, and 111.335,
Wis. Stats.;
(b)
The financial responsibility of the applicant;
(c)
The appropriateness of the location and the premises where the
licensed business is to be conducted; and
(d)
Generally, the applicant's fitness for the trust to be
reposed.
(2)
If a licensee is convicted of an offense substantially related to
the licensed activity, the Town Board may act to revoke or suspend
the license.
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 Town Board, the Town 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 Town 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.
Except as provided in Subsection B below, the Town 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:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Each license issued under the provisions of this chapter 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.
Violation of any of the terms or provisions of the state law
or of this chapter relating to operator's licenses by any person
holding such operator's license shall be cause for revocation
of the license.
