Town of Grand Chute, WI Licensing

Officers, directors, and agents applying for a license will be required to undergo a background check.

Criminal history record information (CHRI) queries will be obtained and reviewed for this purpose using the Transaction Information for Management of Enforcement (TIME) System, a statewide criminal justice system that provides the criminal justice community with critical information for the performance of their duties and safety.

Criminal history record information (CHRI) queries are permitted, using the Purpose Code E, for evaluating the issuance of licenses or non-criminal justice employment.

Effect of revocation of license. No license shall be issued for any premises if a license covering such premises has been revoked within six months prior to application. No license shall be issued to any person who has had a license issued pursuant to this article revoked within 12 months prior to application.

Inspection of application and premises. The Town Clerk shall notify the Licensing Committee of all license and permit applications. The Licensing Committee will direct the Police Department, Fire Department, and Building Inspector to review each application and inspect the premises identified in the application to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto and the applicant's fitness for the trust to be reposed. No license or permit provided for in this article shall be issued without the approval of a majority of the Town Board.

Health and sanitation. No license shall be issued for any premises which does not conform to the sanitary, safety and health regulations of the State Department of Safety and Professional Services and State Department of Health Services and to all such ordinances and regulations adopted by the Town.

Delinquent taxes, assessment and claims. No license or license renewal shall be issued under this article for any premises or person for which or for whom taxes, assessments or other claims of the Town or the State of Wisconsin are delinquent and not paid. Included within the definition of delinquent taxes, delinquent assessments or other delinquent payments due to the Town shall be any delinquency (unpaid) for special assessments, personal property taxes, real estate taxes, or motel or hotel taxes, failure to pay any adjudicated fines or penalties, failure to pay current any fees or moneys due to the Town of any kind or nature, etc.

The term "person" shall include an individual and any other form of partnership, corporation, or other entity, if any, to which a license has been issued. The revocation provisions of § 335-9 shall also apply to any partnership, corporation or other entity with one or more common owners of any license subject to revocation. The issuance of new licenses shall also be withheld from entities with one or more common owners with any other entity not qualified for issuance of a license pursuant to this article.

The Licensing Committee shall be an administrative review committee to carry out the duties as directed by the Town Board pursuant to this article. The Committee shall consist of the Town Chairperson or his/her designee, the Town Clerk or his/her designee, the Police Chief or his/her designee, the Fire Chief or his/her designee, the Chief Building Inspector or his/her designee, and other Town staff members as determined by the Town Administrator. The Town Clerk or designee shall serve as Committee Chair.

Outdoor service/beer gardens.

No holder of a "Class B," Class "B" and/or "Class C" license may operate under said license(s) in any outdoor area, whether or not said outdoor area was included in a description of the premises, without first having obtained the permission of the Town Board subject to the conditions of this subsection. Approval under this subsection by the Town Board shall result in the outdoor area becoming a part of the description of the premises, with said outdoor area also being subject to all State and Town laws, rules, regulations, and lawful orders governing "Class B," Class "B" and/or "Class C" premises.

As used in this subsection, the following terms shall have the meanings indicated:

OUTDOOR AREA

An area, whether or not enclosed by a roof, which is open to the elements and which is not constructed for year-round use.

OUTDOOR PREMISES

A licensed premises located in an outside area.

Application. Application for an outdoor extension of a "Class B," Class "B" and/or "Class C" license shall be made to the Community Development Department in the form of a request for a special exception permit. The application shall include a map describing the outdoor area sought to be included within the description of the licensed premises. In the event that such map is omitted and the "Class B," Class "B" and/or "Class C" license is granted and issued, said license shall not be deemed to include an outdoor area within the description of the licensed premises.

(4)

Requirements. Outdoor premises approved under this subsection are subject to the following requirements:

[Amended 8-17-2021 by Ord. No. 2021-09]

(a)

Outdoor premises may be permitted only on properties located in the CL Local Commercial, CR Regional Commercial, CP Planned Commercial, and IND Industrial Zoning Districts as those terms are defined in Chapter 535, Zoning, subject to the special exception permit requirements of Chapter 535.

(b)

Outdoor premises shall be completely surrounded by an attractive wall, fence, or barrier of at least four feet in height.

(c)

Outdoor premises located in the front yard of the licensed premises shall also be completely surrounded by an attractive wall, fence, or barrier, and such installation shall be 42 inches in height for public safety and property aesthetics purposes.

(d)

Outdoor premises shall be attached to the main business premises, and access to the outdoor premises shall only be allowed through the main building.

(e)

Service in the outdoor premises shall be limited to persons seated at tables or at a bar.

(f)

Food and beverage service in the outdoor premises shall stop no later than 10:30 p.m., with no food or beverage consumption allowed in the outdoor premises after 11:00 p.m.

(g)

Lighting of the outdoor premises must be shielded and not be of intensity or brilliance to create glare which is distracting to adjoining property owners or that can become a hazard or danger to vehicular traffic.

(h)

Noise from any source that is emitted from the outdoor area and measured at any border of the real property on which the licensed premises is located shall not exceed 85 db from 7:00 a.m. to 9:00 p.m. and 75 db from 9:00 p.m. until closing.

(i)

Outdoor premises shall not be located in any actual or required yard area that directly abuts an adjoining property used for residential purposes, unless the following additional conditions are met:

[1]

Provide a twenty-foot buffer between outdoor premises and the adjoining lot containing the residential use.

[2]

Provide a privacy fence six feet in height at the property line in the area abutting the outdoor premises.

[3]

Notwithstanding Subsection H(4)(f) of this section, food and beverage service in the outdoor premises shall stop no later than 9:30 p.m., with no food or beverage consumption allowed in the outdoor premises after 10:00 p.m.

§ 335-5 Inspection of licensed premises.

It shall be a condition of any license issued hereunder that the licensed premises may be entered and inspected at any reasonable hour by any police officer of the Town of Grand Chute without any warrant, and the application for a license hereunder shall be deemed a consent to this provision. Any refusal to permit such inspection shall constitute grounds for either revocation or nonrenewal of any license issued hereunder and shall be deemed a violation of this article.

§ 335-6 License to be posted.

Licenses or permits issued under this section shall be posted and displayed as provided in § 125.04(10), Wis. Stats., and any licensee or permit holder who shall fail to post his license or permit as therein required shall be presumed to be operating without a license.

§ 335-7 Safety and sanitation requirements.

Each licensed premises shall be maintained and conducted in a sanitary manner and shall be a safe and proper place for the purpose for which used.

§ 335-8 Requirement to purchase alcoholic beverages from wholesaler.

No campus or retail licensee or permittee may purchase fermented malt beverages or alcoholic beverages from, or possess fermented malt beverages or alcoholic beverages purchased from, any person other than a wholesaler holding a permit under Chapter 125, Wis Stats., for the sale of fermented malt beverages or alcoholic beverages §§ 125.33(9) and 125.69(6)(a), Wis. Stats.

§ 335-9 Revocation and suspension of licenses.

[Amended 8-9-2018 by Ord. No. 2018-17]

Purpose. The purpose of this section is to establish guidelines governing the revocation and suspension of alcoholic beverage licenses through a system of demerit points that accrue for violations of this chapter or Chapter 125, Wis. Stats.

Procedure. Except as hereinafter provided, the provisions of § 125.12, Wis. Stats., shall be applicable to proceedings for the revocation or suspension of all licenses or permits granted under this article. Revocation or suspension proceedings may be instituted by the Town Board upon its own motion, subject to any additional requirements under § 125.12, Wis. Stats., for both suspension and revocation proceedings.

Point schedule.

The scheme of demerit points appearing below is listed according to the type of drug or alcohol beverage violation. This demerit point system is used to identify both extraordinarily serious violations and/or habitually troublesome license holders who have repeatedly violated state statutes and Grand Chute ordinances for the purpose of recommending suspension or revocation of their alcohol beverage license.

If the demerit points accumulated from the date of a violation which results in a conviction meet or exceed 50 points in a twelve-month period, the agent or officer will be required to meet with the Licensing Committee. In the event the agent or officer fails to appear before the Licensing Committee as required under this section, a citation and mandatory forfeiture of $250 plus statutory costs shall be issued and imposed by the Police Department.

Demerit points may be reduced as shown on the schedule one time in a three-year period if the license holder has met with the Licensing Committee as indicated in Section C(2), above.

[Amended 7-16-2019 by Ord. No. 2019-07]

(4)

A violation of § 125.07(1)(a), Wis. Stats., prohibiting selling of alcoholic beverages to underage persons will be assigned 19 demerit points instead of 80 points one time in a three-year period if the licensee has adopted, prior to the violation, and complied with, a written policy for the licensed premises, containing the following provisions:

[Amended 7-16-2019 by Ord. No. 2019-07]

(a)

Each person authorized to sell alcoholic beverages at the licensed premises has completed the operator's training course sponsored by the State of Wisconsin and required for operators of licensed premises pursuant to Chapter 125, Wis. Stats.; and

(b)

Signage is posted on the licensed premises visible to customers at an area where alcoholic beverages are sold stating the date of birth subsequent to which no such customer is allowed to purchase alcoholic beverages; and

(c)

Clear written expectations are given to employees permitted to serve alcohol, which establish that all reasonable measures will be taken to avoid serving any minors under any circumstances, and which include reasonable discipline or incentives related to serving alcohol to patrons; and

(d)

Internal controls to test procedural compliance by staff for serving alcohol, such as utilizing "secret shoppers" to test policy compliance; and

(e)

Specific criteria for determining when identification must be presented by customers prior to the purchase of alcoholic beverages are established/followed; and

(f)

Quarterly refresher training for all employees permitted to serve alcohol on the policy and laws governing the sale of alcoholic beverages.

[Amended 3-24-2020 by Ord. No. 2020-06]

Type of Violation	State Statute	Town Ordinance	Demerit Points	Qualified Reductions
Selling to underage person (See Subsection C(4), above)	§ 125.07(1)(a)	§ 335-18	80 19	60
Selling to intoxicated person	§ 125.07(2)	§ 335-18	50	0
Underage person on premises licensee/permittee	§ 125.07(3)(a)	§ 335-18	50	35
Failure to be licensed	§ 125.04(1)	§ 335-2	100	0
False statement on application	§ 125.04(3)(j)	§ 335-2	100	0
Transfer of license without permission	§ 125.04(12)	§ 335-10	75	0
Operate on another's license	§ 125.68(2m) § 125.32(2m)	§ 335-2	200	0
Sale without a license	§ 125.04(1)	§ 335-2	100	0
Unlicensed bartender	§ 125.32(2) § 125.68(2)	§ 335-12	50	35
Open after hours	§ 125.32(3) § 125.68(3)	§ 335-1	50	0
No carry-out after hours	§ 125.32(3) § 125.68(3)	§ 335-14	50	0
Failure to purchase from licensed wholesaler	§ 125.33(9) § 125.69(6)(a)	§ 335-8	75	0
Failure to maintain qualifications for license or permit	§ 125.04(5)	§ 335-2	200	0
Keep a disorderly, riotous, indecent, or improper house	§ 823.09	§ 398-2(c)	50	0
Gambling	§ 945.04	§ 415-8	50	0
Violation of law relating to public health	§ 252.25	§ 415-2	149	0
Adult entertainment/entertainer without permit		§ 335-23	75	0
Obscene material or performances/operation of a sexually oriented business	§ 944.21	§ 335-21 § 335-22	200	0
Solicitation of drinks by employee	§ 944.36	§ 415-2	50	0
Failure to display permit	§ 125.04(10)	§ 335-6	25	0
Owner/agent selling controlled substance	§ 961.41(1)	§ 415-2	200	0
Employee selling controlled substance	§ 961.41(1)	§ 415-2	75	0
Possession of controlled substance by owner/agent	§ 961.41(3g)		100 (misd.) 200 (felony)	0
Possession of controlled substance by employee	§ 961.41(3g)		50	0
Possession of drug paraphernalia by owner/agent	§ 961.573		75	0
Possession of drug paraphernalia by employee	§ 961.573		50	0

Calculation of violations. In determining the accumulative demerit points against a licensee within 12 months or 18 months, the Town shall use the date each violation was committed as the basis for a determination if there has been a conviction. If the violations are committed concurrently, the highest point violation shall be assessed.

Suspension and revocation of license.

If the demerit points accumulated from the date of a violation which results in a conviction meet or exceed 50 points in a twelve-month period, the agent or officer will be required to meet with the Licensing Committee. The accumulation of points shall result in suspension or revocation of the license in accordance with the following schedule, subject to the exception that for violations under §§ 125.07(1)(a) and 125.04(5)(a)1, Wis. Stats.; such violations may be counted only if the licensee has committed another violation under § 125.07(1)(a), Wis. Stats., within 12 months of the present violation, in which case all violations committed within one year of a prior violation may also be considered:

100 to 149 points within 12 months: ten-day minimum suspension

150 to 199 points within 12 months: twenty-day minimum suspension

200 points within 18 months: revocation

When a license is revoked pursuant to this article, the revocation shall be recorded by the Clerk and no other license issued under Ch. 125, Wis. Stats., may be granted within 12 months of the date of revocation to the person whose license was revoked. No part of the fee for any license so revoked may be refunded.

Upon determination by the Town Board, after hearing, that the license is subject to suspension or revocation, the Clerk shall give notice of such suspension or revocation to the person whose license is suspended or revoked. Such suspension or revocation shall take effect 30 days from the date said notice is given to the licensee. Such notice may be given in person or mailed by certified mail to the address of the addressee shown on the licensee's application. Notice by mail shall be deemed effective five days from the date of mailing. If the suspension or revocation is appealed to the Circuit Court by service of notice of appeal on the Town in accordance with § 125.12(2)(d), Wis. Stats., on or before 30 days from the effective date of notice of suspension or revocation, the revocation or suspension shall be stayed pending a decision by the Circuit Court on the appeal unless the Board finds that public health, safety, or welfare imperatively require emergency action and incorporates a finding to that effect in its order. If the Circuit Court affirms the suspension or revocation, the period of suspension or revocation shall then take effect beginning on the fifth day following the date the decision is signed by the Circuit Court Judge unless a different date is ordered by the Court.

Repossession of license or permit. Whenever any license or permit under this article shall be revoked or suspended by the Town Board or action of any court or Subsection C, it shall be the duty of the Clerk to notify the licensee or permit holder of such suspension or revocation and to take physical possession of the license or permit wherever it may be found and file it in the Clerk's office.

Transfer/sale of licensed business.

Upon the transfer or sale of the licensed business, all accumulated demerit points shall be canceled unless any of the following apply:

(a)

The new licensee is related to the former licensee by blood, adoption, or marriage.

(b)

The new licensee held a business interest in the previous licensed business, real estate, or equipment.

(c)

The former licensee retains an interest in the business or equipment used by the business.

(d)

The new licensee's acquisition of the business did not involve an arm's length transaction consisting of an open market sale in which the owner is willing but not obligated to sell and the buyer is willing, but not obligated, to buy.

If any of the above apply, the new licensee shall inherit the demerit points previously assessed and be subject to all penalties set forth by this article.

§ 335-10 Transfer of license.

Any licensee desiring to transfer a license from its current Town location to another Town location shall complete and file with the Town Clerk Wisconsin Department of Revenue form AT-112, Retail License Transfer — Premises to Premises.

Reserve "Class B" liquor licenses, unlike other retail licenses, cannot be transferred to another place or premises within the Town, per § 125.04(12)(a).

Such applications shall be filed for at least 15 days with the Town Clerk before being acted upon by the Board. The Town Clerk shall promptly notify the Licensing Committee of such application, and committee members representing the Police Department, Fire Department, and Community Development Department shall inspect or cause to be inspected the premises sought to be licensed. They shall make such other investigation as the Town Board or its Licensing Committee as authorized by the Town Board shall order to determine whether the application complies with the regulations, orders and laws applicable thereto and the premises are in a proper physical condition and a suitable location. The aforesaid officers shall furnish to the Town Clerk in writing the information derived from such investigation.

As far as applicable, the provisions of § 335-3 of this article shall apply to further proceedings in regard to the granting or refusal by the Board of the applicant's request to transfer the license.

§ 335-11 Operator's license.

Persons wishing to be employed as an operator under § 125.17, Wis. Stats., may make written application for an operator's license to the Town Clerk upon the form provided by the Town.

[Amended 8-4-2022 by Ord. No. 2022-14]

Applicants for operator licenses are required to undergo a background check.

Criminal history record information (CHRI) queries are permitted, using the Purpose Code E, for evaluating the issuance of licenses or non-criminal justice employment.

Licenses are valid from July 1 to June 30, and renewed every two years: Fees are as prescribed in the Town Fee Schedule. All applicants shall comply with § 125.17(6), Wis. Stats.

No operator's license shall be granted to a person under 18 years of age.

Provisional license.

Provisional licenses shall only be issued to person(s) who have applied for an operator's license under this section. A provisional license may not be issued to any person(s) who has been denied a license under this section. Provisional licenses shall expire 60 days after issued or when a license under this section is issued to the holder, whichever is sooner. Provisional licenses may be revoked if the holder of the license made false statements on the application or as determined by the Licensing Committee.

Provisional licenses shall be issued by the Town Clerk at a fee as prescribed in the Town Fee Schedule.

Temporary license.

Temporary licenses may be issued only to operators employed by, or donating their services to, nonprofit corporations. No person may hold more than two licenses of this kind per year. This license is valid for any period from one day to 14 days, which shall be stated on the license.

License fee is as prescribed in the Town Fee Schedule.

§ 335-12 Required onsite supervision of licensed premises.

Except in Class "A" beer premises between 9:00 p.m. and 8:00 a.m., one of the following must be present on all licensed premises during all business hours:

The licensee; or

An adult member of the licensee's immediate family (actually living in the licensee's household); or

The corporation or limited liability company's agent (the agent's immediate family members must have an operator's license if they supervisor the premises in the agent's absence); or

(4)

The holder of a provisional operator's license (issued to persons enrolled in the responsible beverage server training course pending approval of an operator's license by the Town); or

(5)

The holder of an operator's license.

An adult working under the immediate supervision of any of the above does not need an operator's license. To satisfy the "immediate supervision" criteria, the licensed person must be able to watch and supervise each unlicensed person's actions.

The holder of the liquor license may be prosecuted for not having the required supervision of their premises.

§ 335-13 Replacement of license.

Whenever a license or permit is lost or destroyed, a duplicate shall be issued by the Town Clerk upon the payment of a fee as prescribed in the Town Fee Schedule.

§ 335-14 Hours of operation.

The holders of Class "A," Class "B," "Class A," "Class B" and "Class C" licenses, meaning all licenses as issued by the Town of Grand Chute as to the sale of fermented malt beverages and intoxicating liquor [§ 125.02(1), Wis. Stats.], shall not permit the selling, dispensing, giving away or furnishing, directly or indirectly, of said fermented malt beverages or intoxicating liquor for consumption off premises between the hours of 9:00 p.m. and 8:00 a.m., Central Standard Time. During that portion of the year when standard time is advanced under § 175.095, Wis. Stats., then also said licensees shall not be permitted to sell, dispense, give away or furnish, directly or indirectly, fermented malt beverages or intoxicating liquor between 9:00 p.m. and 8:00 a.m.

It is the intention of this article to prevent the sale, dispensing, giving away or furnishing of fermented malt beverages or intoxicating liquor, for consumption off premises, during the above prohibited times. Any violation of this article shall be subject to the penalties as contained within § 335-16 of this article.

§ 335-15 Licenses not used for extended periods.

Any person who has been granted a "Class B" liquor and beer license for the operation of a liquor license premises who does not make use of such liquor license by operation of said premises for a period of four months shall be deemed to have forfeited such license, with the exception of premises that, by virtue of their operation, are only open for a portion of each year. Upon knowledge of such failure to use, the Town Clerk shall notify the license holder by certified or registered mail that the license is deemed to have been forfeited and direct by said certified or registered mail that the license holder deliver the license and surrender the license to the Town Clerk.

In the event the holder of said license encounters undue hardship or unusual circumstances beyond the license holder's control, the license holder can request an extension of up to four months from the Town Board. The license holder must first address his or her request to the Licensing Committee, who will consider the request and provide a recommendation to the Town Board. Within the extension period of four months, the license holder may ask, and the Town Board may grant, an extension up to a further period of four months. The Town Board shall not authorize extensions in excess of four months. The decision of the Town Board in any extension request shall be final and binding.

§ 335-16 Violations and penalties.

The holder of any license under this article who shall violate this article or any of the provisions thereof or whose agents or employees shall do so or who, having had his or its license revoked, shall continue to operate such place of business, shall, upon the due proof and conviction thereof, be punished as follows: