[HISTORY: Adopted by the Town Board of the Town of Koshkonong
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 7, Ch. 2, of the 1996 Code]
[Amended 3-13-2019 by Ord. No. 1]
As used in this chapter, the terms "alcoholic beverages," "intoxicating liquors," "principal business," "legal drinking age," "premises," "sell," "sold," "sale," "restaurant," "club," "retailer," "person," "fermented malt beverages," "wholesalers," and "operators" shall have the meaning given them by Ch. 125, Wis. Stats.
The provisions of Chapter 125 of the Wisconsin Statutes, 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 chapter 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 chapter. Any future amendment, revisions or modifications of the statutes incorporated herein are intended to be made a part of this chapter in order to secure uniform statewide regulation of alcohol beverage control.
No person, firm or corporation shall vend, sell, deal or traffic
in or have in his 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 chapter nor without complying with all
the provisions of this chapter, 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 Town Clerk under the
authority of the Town 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.
B.
Retail "Class B" intoxicating liquor license. A retail "Class B"
intoxicating liquor license, when issued by the Town Clerk under authority
of the Town 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, 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.
C.
Class "A" fermented malt beverage retailer's license. A Class
"A" retailer's fermented malt beverage license, when issued by
the Town Clerk under the authority of the Town Board, shall entitle
the holder thereof to possess, sell or offer for sale fermented malt
beverages only for consumption away from the premises where sold and
in the original packages, containers or bottles. Such license may
be issued after July 1st. The license shall expire on the following
June 30th.
D.
Class "B" fermented malt beverage retailer's license.
(1)
License. A Class "B" fermented malt beverage retailer's license,
when issued by the Town Clerk under the authority of the Town 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. Such license may
be issued after July 1st. The license shall expire on the following
June 30th.
(2)
Application. Class "B" licenses may be issued to any person qualified
under § 125.04(5), Wis. Stats. Such licenses may not be
issued to any person acting as agent for or in the employ of another
except that this restriction does not apply to a hotel or restaurant
which is not a part of or located on the premises of any mercantile
establishment, or to a bona fide club, society or lodge that has been
in existence for at least six months before the date of application.
A Class "B" license for a hotel, restaurant, club, society or lodge
may be issued in the name of an officer who shall be personally responsible
for compliance with this chapter. Except as provided in § 125.295,
Wis. Stats., Class "B" licenses may not be issued to brewers or brewpubs.
A Class "B" license may not be issued to a person holding a wholesaler's
permit issued under § 125.28, Wis. Stats., or to a person
who has a direct or indirect ownership interest in a premises operating
under a wholesaler's permit issued under § 125.28, Wis.
Stats.
[Amended 3-13-2019 by Ord. No. 1]
E.
Temporary Class "B" fermented malt beverage license.
(1)
License. As provided in § 125.26(1) and (6), Wis. Stats.,
temporary Class "B" fermented malt beverage licenses may be issued
to bona fide clubs and chambers of commerce, to county or local fair
associations or agricultural societies, to churches, lodges or societies
that have been in existence for at least six months before the date
of application and to posts of veterans' organizations authorizing
the sale of fermented malt beverages at a particular picnic or similar
gathering, at a meeting of the post, or during a fair conducted by
the fair association or agricultural society. A license issued to
a county or district fair licenses the entire fairgrounds where the
fair is being conducted and all persons engaging in retail sales of
fermented malt beverages from leased stands on the fairgrounds. The
county or district fair to which the license is issued may lease stands
on the fairgrounds to persons who may engage in retail sales of fermented
malt beverages from the stands while the fair is being held. Such
license is valid for dates as approved by the Town Board.
[Amended 3-13-2019 by Ord. No. 1]
(2)
Application. Application for such license shall be signed by the
President or corresponding officer of the society or association making
such application and shall be filed with the Town Clerk together with
the appropriate license fee for each day for which the license is
sought. Any person fronting for any group other than the one applied
for shall, upon conviction thereof, be subject to a forfeiture of
$200 and will be ineligible to apply for a temporary Class "B" license
for one year. The license shall specify the hours and dates of license
validity. The application shall be filed a minimum of 15 days prior
to the meeting of the Town Board at which the application will be
considered for events of more than three consecutive days. If the
application is for a license to be used in a Town park, the applicant
shall specify the main point of sale facility.
F.
Temporary "Class B" wine license.
(1)
License. Notwithstanding § 125.68(3), Wis. Stats., temporary
"Class B" licenses may be issued to bona fide clubs and chambers of
commerce, to county or local fair associations or agricultural societies,
to churches, lodges or societies that have been in existence for at
least six months before the date of application and to posts of veterans'
organizations authorizing the sale of wine in an original package,
container or bottle or by the glass if the wine is dispensed directly
from an original package, container or bottle at a particular picnic
or similar gathering, at a meeting of the post, or during a fair conducted
by the fair association or agricultural society. No fee may be charged
to a person who, at the same time, applies for a temporary Class "B"
beer license under § 125.26(6), Wis. Stats., or the same
event. A license issued to a county or district fair licenses the
entire fairgrounds where the fair is being conducted and all persons
engaging in retail sales of wine from leased stands on the fairgrounds.
The county or district fair to which the license is issued may lease
stands on the fairgrounds to persons who may engage in retail sales
of wine from the stands while the fair is being held.
[Amended 3-13-2019 by Ord. No. 1]
(2)
Application. Application for such license shall be signed by the
President or corresponding officer of the society or association making
such application and shall be filed with the Town Clerk together with
the appropriate license fee for each day for which the license is
sought. Any person fronting for any group other than the one applied
for shall, upon conviction thereof, be subject to a forfeiture of
$200 and will be ineligible to apply for a temporary "Class B" wine
license for one year. The license shall specify the hours and dates
of license validity. The application shall be filed a minimum of 15
days prior to the meeting of the Town Board at which the application
will be considered for events of more than three consecutive days.
If the application is for a license to be used in a Town park, the
applicant shall specify the main point of sale facility.[1]
[1]
Editor's Note: Original Sec. 7-2-4(g), Wholesaler's license,
which immediately followed this subsection, was repealed 3-13-2019
by Ord. No. 1.
G.
Retail "Class C" licenses.
(1)
In this subsection, "barroom" means a room that is primarily used
for the sale or consumption of alcohol beverages.
(2)
A "Class C" license authorizes the retail sale of wine by the glass
or in an opened original container for consumption on the premises
where sold.
(3)
A "Class C" license may be issued to a person qualified under § 125.04(5),
Wis. Stats., for a restaurant in which the sale of alcohol beverages
accounts for less than 50% of gross receipts and which does not have
a barroom if the municipality's quota prohibits the municipality
from issuing a "Class B" license to that person. A "Class C" license
may not be issued to a foreign corporation or a person acting as agent
for or in the employ of another.
(4)
A "Class C" license shall particularly describe the premises for
which it is issued.
[Amended 3-13-2019 by Ord. No. 1]
There shall be the following classes of licenses which, when issued by the Town Clerk under the authority of the Town Board after payment of the license fee and publication costs hereinafter specified shall permit the holder to sell, deal or traffic in intoxicating liquors or fermented malt beverages as provided in § 305-4 of this article and Chapter 125, Wis. Stats.:
B.
Class "B" fermented malt beverage license.
(1)
The annual fee for this license shall be as established in the Town
Fee Schedule. This license may be issued at any time for six months
in any calendar year, for which 50% of the applicable license fee
shall be paid, but such license shall not be renewable during the
calendar year in which issued. The fee for a license for less than
12 months shall be prorated according to the number of months or fraction
thereof for which the license is issued.
(2)
A Class "B" fermented malt beverages license may also be issued to
bona fide clubs, lodges or societies that have been in existence for
at least six months before the date of application and to posts of
veterans' organizations authorizing the sale of fermented malt
beverages at a particular picnic or similar gathering and at a meeting
of the post. The fee for the license shall be as established in the
Town Fee Schedule.
C.
Temporary Class "B" fermented malt beverage license. The fee for
this license shall be per event, as established in the Town Fee Schedule.
D.
Temporary "Class B" wine license. The fee for this license shall
be per event, as established in the Town Fee Schedule. However, there
shall be no fee if the temporary wine License is obtained along with
a temporary Fermented Malt Beverage License.[2]
[2]
Editor's Note: Original Sec. 7-2-5(e), Fermented malt beverage
wholesalers' license, which immediately followed this subsection,
was repealed 3-13-2019 by Ord. No. 1.
E.
"Class A" intoxicating liquor retailer's license. The annual
fee for this license shall be as established in the Town Fee Schedule.
F.
"Class B" intoxicating liquor retailer's license. The annual
fee for this license shall be as established in the Town Fee Schedule.
This license may be issued at any time for six months in any calendar
year, for which 50% of the applicable license fee shall be paid, but
such license shall not be renewable during the calendar year in which
issued.
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 Wisconsin Department of Revenue and shall be
sworn to by the applicant as provided by §§ 887.01
to 887.03, Wis. Stats., and shall be filed with the Town Clerk 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.
B.
Corporations. Such application shall be filed and sworn to by the
applicant if an individual, by the president and secretary, of a corporation.
C.
Publication. The Town Clerk shall publish each application for a
Class "A," Class "B," "Class A" or "Class B" or "Class C" license.
There is no publication requirement for temporary Class "B" picnic
beer licenses under § 125.26, Wis. Stats., or temporary
"Class B" picnic wine licenses under § 125.51(10), Wis.
Stats. The application shall be published once in the official Town
newspaper, and the costs of publication shall be paid by the applicant
at the time the application is filed, as determined under § 985.08,
Wis. Stats.
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.
E.
License quotas. Retail intoxicating liquor licenses issued by the
Town Board shall be limited in number to the quota prescribed by state
law.
A.
Residence requirements. A retail Class "A" or Class "B" fermented
malt beverage or "Class A" or "Class B" intoxicating liquor license
shall be granted only to persons, or their agents, who are citizens
of the United States and who have been residents of the State of Wisconsin
and Jefferson County continuously for at least 90 days prior to the
date of the application.
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.
C.
Right to premises. No applicant will be considered unless he 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. Licenses related to alcohol beverages shall only
be granted to persons who have attained the legal drinking age.
E.
Corporate restrictions.
(1)
No license or permit may be issued to any corporation unless the
corporation meets the qualifications under § 125.04(a)1
and 4 and (b), Wis. Stats., unless the agent of the corporation appointed
under § 125.04(6) and the officers and directors of the
corporation meet the qualifications of § 125.04(a)1 and
3 and (b) and unless the agent of the corporation appointed under
§ 125.04(6) meets the qualification under § 125.04(a)2.
The requirement that the corporation meet the qualifications under
§ 125.04(a)1 and (b) does not apply if the corporation has
terminated its relationship with all of the individuals whose actions
directly contributed to the conviction.
(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 Town Clerk 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 chapter or under the state law.
F.
Sales tax qualification. All applicants for retail licenses shall
provide proof, as required by § 77.61(11), Wis. Stats.,
that they are in good standing for sales tax purposes (i.e., hold
a seller's permit) before they may be issued a license.
G.
Separate license required for each place of sale. A separate license
shall be required for each stand, place, room or enclosure or for
each suite of rooms or enclosures which are in a direct connection
or communication where intoxicating liquor or fermented malt beverages
are kept, sold or offered for sale; and no license shall be issued
to any person, firm, partnership, corporation or association for the
purpose of possession, selling or offering for sale any intoxicating
liquors or fermented malt beverages in any dwelling house, flat or
residential apartment.
H.
Residential areas. No "Class B" fermented malt beverage license may
be issued for any premises where 40% or more of the property fronting
on both sides of the same street in the same block whereon the premises
is located is used for residence purposes if a written objection is
filed with the Town Clerk signed by owners of more than 80% of such
residence property.
I.
Off-street parking facilities. No "Class B" intoxicating liquor license
shall be issued for any premises unless said premises provides off-street
parking stalls equal in number to 50% of the number of patrons which
said premises may lawfully accommodate. This restriction shall not
apply in the case of renewal licenses issued for premises licensed
as of the date of the enactment of this subsection.
J.
Connecting premises. Except in the case of hotels, no person may
hold both a "Class A" license and either a "Class B" license or permit,
a Class "B" license or permit, or a "Class C" license for the same
premises or for connecting premises. Except for hotels, if either
type of license or permit is issued for the same or connecting premises
already covered by the other type of license or permit, the license
or permit last issued is void. If both licenses or permits are issued
simultaneously, both are void.
K.
Limitations on other business; Class "B" premises. No Class "B" license
or permit may be granted for any premises where any other business
is conducted in connection with the premises, except that this restriction
does not apply if the premises for which the Class "B" license or
permit is issued is connected to premises where other business is
conducted by a secondary doorway that serves as a safety exit and
is not the primary entrance to the Class "B" premises. No other business
may be conducted on premises operating under a Class "B" license or
permit. These restrictions do not apply to any of the following:
(1)
A hotel.
(2)
A restaurant whether or not it is a part of or located in any mercantile
establishment.
(3)
A combination grocery store and tavern.
(4)
A combination sporting goods store and tavern in towns, villages
and fourth class cities.
(5)
A combination novelty store and tavern.
(6)
A bowling alley or recreation premises.
(7)
A club, society or lodge that has been in existence for six months
or more prior to the date of filing application for the Class "B"
license or permit.
(8)
A movie
theater.
[Added 3-13-2019 by Ord.
No. 1]
(9)
A painting
studio.
[Added 3-13-2019 by Ord.
No. 1]
(10)
Premises
for which a temporary Class "B" license is issued under § 125.26(6)
if the license is one of multiple licenses issued by the municipality
to the same licensee for the same date and times, the licensee is
the sponsor of an event held at multiple locations within the municipality
on this date and at these times, and an admission fee is charged for
participation in the event and no additional fee is charged for service
of alcohol at the event.
[Added 3-13-2019 by Ord.
No. 1]
The Town Clerk shall notify the Fire Inspector 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. A records check may also be requested
from the Sheriff's Department. These officials shall furnish
to the Town Clerk, in writing, who shall forward to the Town Board,
the information derived from such investigation, accompanied by a
recommendation as to whether a license should be granted or refused.
A.
No license shall be granted for operation on any premises or with
any equipment for which taxes, assessments, forfeitures or other financial
claims of the Town are delinquent and unpaid.
B.
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 Agriculture, Trade and Consumer
Protection and local Board of Health 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
Town.
[Amended 3-13-2019 by Ord. No. 1]
C.
Consideration for the granting or denial of a license will be based
on:
(1)
Arrest and conviction record of the applicant, subject to the limitations
imposed by §§ 111.321, 111.322, and 111.335, Wis.
Stats.;
(2)
The financial responsibility of the applicant;
(3)
The appropriateness of the location and the premises where the licensed
business is to be conducted; and
(4)
Generally, the applicant's fitness for the trust to be reposed.
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 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.
In the event the application is for a "Class A" or a "Class B" intoxicating
liquor license at a site not previously licensed under this chapter,
the Town Clerk shall schedule public hearings before the Town Board
on the granting of the licenses and shall notify all property owners
situated in the block of the site for which the license is sought
and all property owners within a radius of 300 feet of the proposed
site of the dates of the hearings. The notice shall be given at least
10 days before the hearing and may be given by mail.
B.
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 Town Board, the Town Clerk shall issue to
the applicant a license, upon payment by the applicant of the license
fee to the Town. The fee for a "Class A," Class "A," "Class B" and
Class "B" license for less than 12 months shall be prorated according
to the number of months or fraction thereof for which the license
is issued.
[Amended 3-13-2019 by Ord. No. 1]
C.
If the Town Board denies the license, the applicant shall be notified
in writing, by registered mail or personal service, of the reasons
for the denial. The notice shall also inform the applicant of the
opportunity to appear before the Town Board and to provide evidence
as to why the denial should be reversed. In addition, the notice shall
inform the applicant that the reconsideration of the application shall
be held in closed session, pursuant to § 19.85(1)(b), Wis.
Stats., unless the applicant requests such reconsideration be held
in open session and the Town Board consents to the request. Such written
notice shall be mailed or served upon the applicant at least 10 days
prior to the Town Board meeting at which the application is to be
reconsidered.
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 Town Board. An application
for transfer shall be made on a form furnished by the Town Clerk.
Proceedings for such transfer shall be had in the same form and manner
as the original application. The fee for such transfer shall be as
provided in the Town Fee Schedule. Whenever a license is transferred,
the Town Clerk shall forthwith notify the Wisconsin Department of
Revenue of such transfer. In the event of the sale of a business or
business premises of the licensee, the purchaser of such business
or business premises must apply to the Town for reissuance of said
license and the Town, as the licensing authority, shall in no way
be bound to reissue said license to said subsequent purchaser.
[Amended 3-13-2019 by Ord. No. 1]
B.
Whenever the agent of a corporate holder of a license is for any
reason replaced, the licensee shall give the Town Clerk written notice
of said replacement, the reasons therefor and the new appointment.
Until the next regular meeting or special meeting of the Town 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 Town Clerk
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 Town Board until the successor agent or another qualified agent
is appointed and approved by the Town.
[Amended 3-13-2019 by Ord. No. 1]
All licenses shall be numbered in the order in which they are
issued and shall state clearly the specific premises for which granted,
the date of issuance, the fee paid and the name of the licensee. The
Town Clerk shall submit a list of license holders to the state as
provided by § 125.04(4) of the Wisconsin Statutes.
A.
Every person licensed in accordance with the provisions of this chapter
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 person 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," Class "B," "Class A" and "Class B" licenses
granted hereunder shall be granted subject to the following conditions,
and all other conditions of this section, and subject to all other
Ordinances and regulations of the Town 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 Town 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 Town 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 B" or Class "B" licenses shall
employ any underage person, as defined in the Wisconsin Statutes,
but this shall not apply to hotels and restaurants. This subsection
shall not apply to a person who has an operator's license or who is
at least 18 years of age and is under supervision as provided in §§ 125.32(2)
and 125.68(2), Wis. Stats.
[Amended 3-13-2019 by Ord. No. 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 premises operated
under a "Class B" or Class "B" or "Class C" license, at all times,
the licensee, members of the licensee's immediate family who
have attained the legal drinking age, and/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, any
fermented malt beverages to customers. No person other than the licensee
shall serve fermented malt beverages in any place operated under a
"Class B," Class "B" or "Class C" license unless he possesses an operator's
license, or there is a person with an operator's license upon
said premises at the time of such service.
E.
Health and sanitation regulations. The rules and regulations of the
State Department of Agriculture, Trade and Consumer Protection governing
sanitation in restaurants shall apply to all "Class B" liquor or "Class
C" licenses issued under this chapter. No "Class B" or "Class C" license
shall be issued unless the premises to be licensed conform to such
rules and regulations.
[Amended 3-13-2019 by Ord. No. 1]
F.
Restrictions near schools and churches. No retail Class "A," Class
"B," "Class A" or "Class B" license shall be issued for premises,
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.
G.
Clubs. No club shall sell or give away any intoxicating liquors except
to bona fide members and guests invited by members.
H.
Gambling prohibited. Except as authorized by state law, no gambling
or game of chance of any sort shall be permitted in any form upon
any premises licensed under this chapter or the laws of the State
of Wisconsin.
I.
Credit prohibited. No retail Class "A," Class "B," "Class A" or "Class
B" liquor or fermented malt beverage or "Class C" wine licensee shall
sell or offer for sale any alcohol beverage to any person or persons
by extending credit, except hotel credit extended to a resident guest
or a club to a bona fide member. It shall be unlawful for such licensee
or permittee to sell alcohol beverages to any person on a passbook
or store order or to receive from any person any goods, ware, merchandise
or other articles in exchange for alcohol beverages.
J.
Licensee or permittee responsible for acts of help. A violation of
this chapter by a duly authorized agent or employee of a licensee
or permittee under this chapter shall constitute a violation by the
licensee or permittee. Whenever any licensee or permittee under this
chapter shall violate any portion of this chapter, proceedings for
the suspension or revocation of the license or permit of the holder
thereof may be instituted in the manner prescribed in this chapter.
K.
Improper exhibitions. It shall be unlawful for any person to perform,
or for any licensee or manager or agent of the licensee to permit
any employee, entertainer or patron to engage in any live act, demonstration,
dance or exhibition on the licensed premises which:
(1)
Exposes his or her genitals, pubic hair, buttocks, perineum, anal
region or pubic hair region; or
(2)
Exposes any device, costume or covering which gives the appearance
of or simulates genitals, pubic hair, buttocks, perineum, anal region
or pubic hair region; or
(3)
Exposes any portion of the female breast at or below the areola thereof;
or
(4)
Engages in or simulates sexual intercourse and/or any sexual contact,
including the touching of any portion of the female breast or the
male and/or female genitals.
Closing hours shall be established in conformance with § 125.32(3),
Wis. Stats., and further restricted as follows:
A.
Class "B" licenses.
(1)
No premises for which a retail "Class B" liquor or Class "B" fermented
malt beverage license or "Class C" wine license has been issued shall
be permitted to remain open for the sale of liquor or fermented malt
beverages or for any other purpose between the hours of 2:00 a.m.
and 6:00 a.m., Monday through Friday, and 2:30 a.m. and 6:00 a.m.
Saturday and Sunday. There shall be no closing hours on January 1st.
(2)
Hotels and restaurants, the principal business of which is the furnishing of food or lodging to patrons, bowling alleys, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but shall not sell liquor or malt beverages during the closing hours of Subsection A(1) above.
B.
Carryout hours. Between 12:00 midnight and 6:00 a.m., no person may
sell, remove, carry out or permit to be removed or carried out from
any premises having a "Class A" or Class "A" license, fermented malt
beverages or intoxicating liquor in original unopened packages, containers
or bottles or for consumption away from the premises.
[Amended 3-13-2019 by Ord. No. 1]
It shall be unlawful for any person or organization on a temporary
basis to sell or offer to sell any alcohol beverage upon any Town-owned
property or privately-owned property within the Town of Koshkonong,
except through the issuance of a temporary Class "B" fermented malt
beverage license or temporary "Class B" wine license issued by the
Town Board in accordance with Wisconsin Statutes and as set forth
in this section. A temporary Class "B" fermented malt beverage license
or temporary "Class B" wine license authorizing the sale and consumption
of beer and/or wine on Town-owned property or privately owned property
may be authorized by the Town Board, provided the following requirements
are met:
A.
Compliance with eligibility standards. The organization shall meet
the eligibility requirements of a bona fide club, chambers of commerce,
association, lodge or society as set forth in § 125.26(6),
Wis. Stats., and shall fully comply with the requirements of this
section and § 305-21. Members of an organization which is
issued a temporary license and who are issued operator's licenses
for the event shall attend a pre-event informational meeting to learn
what rules and regulations apply and what the responsibilities of
the bartenders and organization will be.
[Amended 3-13-2019 by Ord. No. 1]
B.
Posting of signs and licenses. All organizations issued a temporary
license shall post in a conspicuous location at the main point of
sale and at all remote points of sale a sufficient number of signs
stating that no fermented malt beverage shall be served to any under-age
person without proper identification.
C.
Fencing. If necessary due to the physical characteristics of the
site, the Town Board may require that organizations install a double
fence around the main point of sale to control ingress and egress
and continually station a licensed operator, security guard or other
competent person at the entrance for the purpose of checking age identification.
Where possible, there shall be only one point of ingress and egress.
When required, the double fence shall be a minimum of four feet high
and a minimum of six feet between fences.
D.
Underage persons prohibited. No underage persons as defined by the
Wisconsin Statutes shall be allowed to assist in the sale of fermented
malt beverages or wine at any point of sale, nor shall they be allowed
to loiter or linger in the area of any point of sale. This subsection
shall not apply to a person who has an operator's license or who is
at least 18 years of age and is under supervision as provided in §§ 125.32(2)
and 125.68(2), Wis. Stats.
[Amended 3-13-2019 by Ord. No. 1]
E.
Licensed operators requirement. A licensed operator shall be stationed
at all points of sales at all times.
F.
Waiver. The Town Board may waive or modify the requirements of this
section due to the physical characteristics of the licensed site.
G.
Insurance. The applicant for a temporary fermented malt beverage
or wine license may be required to indemnify, defend and hold the
Town and its employees and agents harmless against all claims, liability,
loss, damage or expense incurred by the Town on account of any injury
to or death of any person or any damage to property caused by or resulting
from the activities for which the permit is granted. As evidence of
the applicant's ability to perform the conditions of the license,
the applicant may be required to furnish a certificate of comprehensive
general liability insurance with the Town of Koshkonong. The applicant
may be required to furnish a performance bond prior to being granted
the license.
[Amended 3-13-2019 by Ord. No. 1]
A.
Procedure. Whenever the holder of any license under this chapter
violates any portion of this article of this chapter of the Code of
the Town of Koshkonong, proceedings for the revocation of such license
may be instituted in the manner and under the procedure established
by this section.
B.
Abandonment of premises. Any licensee holding a license to sell alcohol
beverages who abandons such business shall forfeit any right or preference
he may have to the holding of or renewal of such license. Abandonment
shall be sufficient grounds for revocation of any alcohol beverage
license. The closing of the licensed premises for at least six months
shall be prima facie evidence of the abandonment, unless extended
by the Town Board. All persons issued a license to sell alcohol beverages
in the Town for which a quota exists limiting the number of such licenses
that may be issued by the Town shall cause such business described
in such license to be operated on the premises described in such license
for at least 150 days during the terms of such license, unless such
license is issued for a term of less than 180 days, in which event
this subsection shall not apply.
The presence of underage persons on a licensed premises as provided
under § 125.07(3)(a) 10, Wis. Stats., shall be subject to
the following:
A.
The licensee or agent of a corporate licensee shall notify the Town
Clerk at least 48 hours in advance of the date of any event at which
underage persons will be present on the licensed premises. Each such
nonalcohol event notice shall specify the date(s) on which the event
is to occur and the time(s) of commencement. All notices shall be
filed with the Town Clerk during normal working hours. After a nonalcohol
event notice has been given, the licensee may cancel an event(s) only
by giving like notice to the Town in accordance with the provisions
of this subsection. Regardless of the date given, all notices shall
expire and be deemed cancelled no later than the date of expiration
or revocation of the applicable retail Class "B" or "Class B" license.
B.
During the period of any nonalcohol event a notice card prescribed
by the Town shall be posted at all public entrances to the licensed
premises notifying the general public that no alcohol beverages may
be consumed, sold or given away on or carried into the licensed premises
during the event. Such notice cards shall be made available by the
Town to a requesting licensee.
C.
Once a nonalcohol event has commenced, no alcohol beverages may be
consumed, sold or given away on or carried into the licensed premises
until the next day following the closing hours of the licensed premises.
D.
During the period of any nonalcohol event all alcohol beverages shall
be stored in a locked portion of the licensed premises in a secure
place out of the sight and physical reach of any patron present and
shall be under the direct and immediate control and supervision of
the licensee or a licensed bartender in the employ of the licensee.
All beer taps and automatic dispensers of alcohol beverages ("speed
guns") shall be either disconnected, disabled or made inoperable.
A.
Operator's license required.
(1)
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.
B.
Procedure upon application.
(1)
The Town Board or Town Clerk 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.
(2)
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 or Town Clerk approval or denial of the application. If the
authorities recommend denial, the authorities shall provide, in writing,
the reasons for such recommendation.
C.
Duration. Licenses issued under the provisions of this chapter shall
be valid for a period of one year and shall expire on the thirtieth
day of June of each year.
D.
Operator's license fee; provisional license; temporary license.
(1)
Fee. Per Fee Schedule.
[Amended 3-13-2019 by Ord. No. 1]
(2)
Provisional license. The Town Clerk may issue provisional operator's
licenses 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 to the holder,
whichever is sooner. The Town Clerk may, upon receiving an application
for a temporary provisional license, issue such a license without
requiring the successful completion of the approved program as described
herein. However, such temporary license shall be used only for the
purpose of allowing such applicant the privilege of being licensed
as a beverage operator pending his successful completion of the approved
program. A provisional license may not be issued to any person who
has been denied an operator's license by the Town Board or who
has had his operator's license revoked or suspended within the
preceding 12 months. The Town Clerk shall provide an appropriate application
form to be completed in full by the applicant. The Town Clerk may
revoke the provisional license issued if he discovers that the holder
of the license made a false statement on the application.
(3)
Temporary license. The Town Clerk may issue a temporary operator's
license, at a fee of $10, provided that:
(a)
This license may only be issued to operators employed by, or
donating their services to, nonprofit corporations and organizations;
for temporary or special events; the number of temporary operators
for a particular event/location shall be limited to 10.
(b)
No person may hold more than two licenses of this kind per year.
[Amended 3-13-2019 by Ord. No. 1]
(c)
The license is valid for any period from one day to 14 days,
and the period for which it is valid shall be stated on the license.
E.
Issuance or denial of operator's licenses.
(1)
After the Town Board or Town Clerk 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.
(2)
Denial.
(a)
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.
(b)
If, upon reconsideration, the Board or Clerk 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.
(3)
Qualifications to be considered.
(a)
Consideration for the granting or denial of a license will be
based on:
[1]
Arrest and conviction record of the applicant, subject to the
limitations imposed by §§ 111.321, 111.322, and 111.335,
Wis. Stats.;
[2]
The financial responsibility of the applicant;
[3]
The appropriateness of the location and the premises where the
licensed business is to be conducted; and
[4]
Generally, the applicant's fitness for the trust to be
reposed.
(b)
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.
(4)
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 or Town Clerk, the Town Board or
Town Clerk, 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 or Town
Clerk, 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, subject
to compliance with § 111.335(4), Wis. Stats.
[Amended 3-13-2019 by Ord. No. 1]
F.
Training course.
(1)
Except as provided in Subsection F(2), no municipal governing body may 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 or the department of safety and professional services, or unless the applicant fulfills one of the following requirements:
[Amended 3-13-2019 by Ord. No. 1]
G.
Display of license. Each license issued under the provisions of this
chapter shall be posted on the premises whenever the operator dispenses
beverages or be in his possession, or the licensee shall carry a license
card.
[Amended 3-13-2019 by Ord. No. 1]
H.
Revocation of operator's license. 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.
A.
Forfeitures for violations of §§ 125.07(1) through (5) and 125.09(2) of the Wisconsin Statutes, adopted by reference in § 305-2 of the Code of the Town of Koshkonong, shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable State Statute, including any variations or increases for subsequent offenses.
B.
Any person who shall violate any provision of this chapter of the Code of Ordinances of the Town of Koshkonong, 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 a license, shall be subject to a forfeiture as provided in § 1-3, General penalty, of this Code of the Town of Koshkonong.
C.
Nothing herein shall preclude or affect the power of the sentencing
court to exercise additional authorities granted by the Wisconsin
Statutes.
