The provisions of Chs. 125 and 139, Wis. Stats., relating to
the sale of intoxicating liquor and fermented malt beverages are hereby
adopted and made a part of this article by reference. To the extent
of any inconsistency between this article and the statutory provisions,
this article shall control, except to the extent preempted by statutory
provisions, in which case the provisions of the Wisconsin Statutes
shall control.
No person, except as provided by §
335-1 of this article, shall distribute, vend, sell, offer or keep for sale at retail or wholesale, deal or traffic in, or, for the purpose of evading any law or ordinance, give away any intoxicating liquor or fermented malt beverage, or cause the same to be done, without having procured a license or permit as provided in this article, nor without complying with all the provisions of this article and all statutes, ordinances and regulations of the state and Town applicable thereto.
There shall be the following classes and designations of licenses,
which, when issued by the Town Clerk under the authority of the Town
Board after payment of the fee as prescribed in the Town Fee Schedule,
shall permit the holder to sell, deal or traffic in intoxicating liquor
or fermented malt beverages as provided in §§ 125.25(1),
125.26(1), (5) and (6) and 125.51(1), (3)(a) and (9)(a), Wis. Stats.
A. Class "A" fermented malt beverage retailer's license.
B. Class "B" fermented malt beverage retailer's license under § 125.26(1),
Wis. Stats.
C. Retail "Class A" liquor license under § 125.51(2), Wis.
Stats.
D. Retail "Class B" liquor license under § 125.51(3), Wis.
Stats.
E. Reserve "Class B" license pursuant to § 125.51(4)(a)4 and
(br), Wis. Stats.
F. "Class C" wine license under § 125.51 (3m)(b), Wis. Stats.
G. Part-time or semiannual liquor licenses shall be issued pursuant
to §§ 125.26(5) and 125.51(9)(b), Wis. Stats.
H. Provisional retail licenses may be issued by the Town Clerk only
to a person who has applied for a Class "A," Class "B," "Class A,"
"Class B" or "Class C" license who meets the residency requirements
of the State of Wisconsin. A provisional retail license expires 60
days after issuance. Provisional retail licenses may not be issued
if the municipality quota under § 125.51(4), Wis. Stats.,
prohibits the municipality from issuing a "Class B" license. No person
may hold more than one provisional retail license for each type of
license applied for by the holder per year.
In addition to the requirements imposed by provision of the Wisconsin Statutes adopted by reference in §
335-1 of this article, the following restrictions shall apply to the issuance of licenses or permits pursuant to this article:
A. Requirements for licenses. No license or permit shall be issued to
any person who is not 21 years of age or over, of good moral character,
and a citizen of the United States and the State of Wisconsin, except
that an operator's license may be issued to an applicant who
has attained the age of 18. No license shall be issued to any person
who has multiple criminal misdemeanor convictions that relate to the
licensed activity or has been convicted of a felony that relates to
the licensed activity. This subsection shall not apply to Wisconsin
corporations but shall apply to all officers and directors of any
such corporations.
[Amended 8-4-2022 by Ord.
No. 2022-14]
(1) Officers, directors, and agents applying for a license will be required
to undergo a background check.
(2) 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.
(3) Criminal history record information (CHRI) queries are permitted,
using the Purpose Code E, for evaluating the issuance of licenses
or non-criminal justice employment.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. Outdoor service/beer gardens.
(1) 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.
(2) 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.
(3) 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.
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.
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.
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.
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.
[Amended 8-9-2018 by Ord.
No. 2018-17]
A. 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.
B. 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.
C. Point schedule.
(1) 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.
(2) 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.
(3) 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)
|
|
80
19
|
60
|
Selling to intoxicated person
|
§ 125.07(2)
|
|
50
|
0
|
Underage person on premises licensee/permittee
|
§ 125.07(3)(a)
|
|
50
|
35
|
Failure to be licensed
|
§ 125.04(1)
|
|
100
|
0
|
False statement on application
|
§ 125.04(3)(j)
|
|
100
|
0
|
Transfer of license without permission
|
§ 125.04(12)
|
|
75
|
0
|
Operate on another's license
|
§ 125.68(2m)
§ 125.32(2m)
|
|
200
|
0
|
Sale without a license
|
§ 125.04(1)
|
|
100
|
0
|
Unlicensed bartender
|
§ 125.32(2)
§ 125.68(2)
|
|
50
|
35
|
Open after hours
|
§ 125.32(3)
§ 125.68(3)
|
|
50
|
0
|
No carry-out after hours
|
§ 125.32(3)
§ 125.68(3)
|
|
50
|
0
|
Failure to purchase from licensed wholesaler
|
§ 125.33(9)
§ 125.69(6)(a)
|
|
75
|
0
|
Failure to maintain qualifications for license or permit
|
§ 125.04(5)
|
|
200
|
0
|
Keep a disorderly, riotous, indecent, or improper house
|
§ 823.09
|
|
50
|
0
|
Gambling
|
§ 945.04
|
|
50
|
0
|
Violation of law relating to public health
|
§ 252.25
|
|
149
|
0
|
Adult entertainment/entertainer without permit
|
|
|
75
|
0
|
Obscene material or performances/operation of a sexually oriented
business
|
§ 944.21
|
|
200
|
0
|
Solicitation of drinks by employee
|
§ 944.36
|
|
50
|
0
|
Failure to display permit
|
§ 125.04(10)
|
|
25
|
0
|
Owner/agent selling controlled substance
|
§ 961.41(1)
|
|
200
|
0
|
Employee selling controlled substance
|
§ 961.41(1)
|
|
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
|
D. 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.
E. Suspension and revocation of license.
(1) 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
(2) 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.
F. 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.
G. 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.
H. Transfer/sale of licensed business.
(1) 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.
(2) 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.
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.