[HISTORY: Adopted by the Village Board of the Village of
Winneconne as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Title 7, Ch. 2, of the 2012 compilation of ordinances,
as amended through 5-22-2013]
The provisions of Chapter 125, Wis. Stats., relating to the
sale of intoxicating liquor and fermented malt beverages, except provisions
therein relating to penalties to be imposed, are hereby adopted by
reference and made a part of this article as if fully set forth herein.
Any act required to be performed or prohibited by any statute incorporated
herein by reference is required or prohibited by this article. Any
future amendment, revisions or modifications of the statutes incorporated
herein are intended to be made a part of this article in order to
secure uniform statewide regulation of alcohol beverage control.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
As used in this article, 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 Chapter 125, Wis. Stats.
No person, firm or corporation shall vend, sell, deal or traffic
in or have in his/her possession with intent to vend, sell, deal or
traffic in or, for the purpose of evading any law or ordinance, give
away any intoxicating liquor or fermented malt beverage in any quantity
whatever, or cause the same to be done, without having procured a
license as provided in this article nor without complying with all
the provisions of this article, and all statutes and regulations applicable
thereto, except as provided by §§ 125.26, 125.27, 125.28
and 125.51, Wis. Stats.
A.
Retail "Class A" intoxicating liquor license. A retail "Class A"
intoxicating liquor license, when issued by the Village Clerk-Treasurer
under the authority of the Village Board, shall permit its holder
to sell, deal and traffic in intoxicating liquors only in original
packages or containers and to be consumed off the premises so licensed.
B.
Retail "Class B" intoxicating liquor license. A retail "Class B"
intoxicating liquor license, when issued by the Village Clerk-Treasurer
under authority of the Village Board, shall permit its holder to sell,
deal and traffic in intoxicating liquors to be consumed by the glass
only on the premises so licensed and in the original package or container
in multiples not to exceed four liters at any one time, 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.
Reserve "Class B" licenses. A Reserve "Class B" license means a license
that is not granted or issued by the Village on December 1, 1997,
and that is counted under § 125.51(4)(br), Wis. Stats.,
which, if granted or issued, authorizes the sale of intoxicating liquor
to be consumed by the glass only on the premises where sold, and also
authorizes the sale of intoxicating liquor in the original package
or container in multiples not to exceed four liters at any one time,
to be consumed off premises, except that wine may be sold in the original
package or otherwise in any other quantity to be consumed off the
premises.
D.
Class "A" fermented malt beverage retailer's license. A Class "A"
retailer's fermented malt beverage license, when issued by the Village
Clerk-Treasurer under the authority of the Village 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 1. The license shall expire on the following
June 30.
E.
Class "B" fermented malt beverage retailer's license.
(1)
License. A Class "B" fermented malt beverage retailer's license,
when issued by the Village Clerk-Treasurer under the authority of
the Village Board, shall entitle the holder thereof to possess, sell
or offer for sale, fermented malt beverages, either to be consumed
upon the premises where sold or away from such premises. The holder
may also sell beverages containing less than 1/2 of a percent of alcohol
by volume, without obtaining a special license to sell such beverages.
Such license may be issued after July 1. The license shall expire
on the following June 30.
(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 article. Except as provided in § 125.31,
Wis. Stats., Class "B" licenses may not be issued to brewers or fermented
malt beverages wholesalers.
F.
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, 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 count 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 Village Board.
(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 Village Clerk-Treasurer
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 Village 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 Village park,
the applicant shall specify the main point of sale facility.
G.
Temporary "Class B" wine license.
(1)
License. Notwithstanding § 125.68(3), Wis. Stats., temporary
"Class B" licenses may be issued to bona fide clubs, 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. Not more that two such licenses may
be issued under this subsection to any club, county or local fair
association, agricultural association, church, lodge, society or veterans'
post in any twelve-month period.
(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 Village Clerk-Treasurer,
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
as determined by Village Board 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 Village
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 Village park, the applicant shall specify the main point
of sale facility.
H.
Wholesaler's license. A wholesaler's fermented malt beverage license,
when issued by the Village Clerk-Treasurer under authority of the
Village Board, shall entitle the holder thereof to possess, sell or
offer for sale fermented malt beverages only in original packages
or containers to dealers, not to be consumed in or about the premises
of said wholesaler.
I.
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.
There shall be the following classes of licenses which, when issued by the Village Clerk-Treasurer under the authority of the Village 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 § 203-4 of this article and Chapter 125, Wis. Stats.:
A.
Class "A" fermented malt beverages retailer's license. The annual
fee for this license shall be determined by the Village Board. 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.
B.
Class "B" fermented malt beverage license. The annual fee for this
license shall be as determined by the Village Board. 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.
C.
Temporary Class "B" fermented malt beverage license. The fee for
this license shall be as determined by the Village Board.
D.
Temporary "Class B" wine license. The fee for this license shall
be as determined by Village Board per event. However, there shall
be no fee if the temporary wine license is obtained along with a temporary
fermented malt beverage license.
E.
Fermented malt beverage wholesalers' license. The annual fee for
this license shall be as determined by Village Board.
F.
"Class A" intoxicating liquor retailer's license. The annual fee
for this license shall be as determined by Village Board.
G.
"Class B" intoxicating liquor retailer's license. The annual fee
for this license shall be as determined by Village Board. 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.
H.
Reserve "Class B" intoxicating liquor license. The fee for an initial issuance of a Reserve "Class B" license shall be as determined by Village Board, except that the fee for the initial issuance of a Reserve "Class B" license to a bona fide club or lodge situated and incorporated in the state for at least six years is the fee established in § 203-5G for such a club or lodge. The annual fee for renewal of a Reserve "Class B" license is the fee established by Village Board.
I.
"Class B" license for full-service restaurants and hotels. The initial
annual fee for a "Class B" license for a full-service restaurant that
has a seating capacity of 300 or more persons, or a hotel that has
100 or more rooms of sleeping accommodations and that has either an
attached restaurant with a seating capacity of 150 or more persons
or a banquet room which will accommodate 400 or more persons, is as
determined by Village Board. Thereafter, the annual renewal fee is
as determined by Village Board.
J.
"Class C" wine license. The annual fee for this license shall be
as determined by Village Board. The fee for less than 12 months shall
be prorated.
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 determined 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 Village Clerk-Treasurer
not less than 15 days prior to the granting of such license. The premises
shall be physically described to include every room and storage space
to be covered by the license, including all rooms not separated by
a solid wall or joined by connecting entrances.
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 Village Clerk-Treasurer shall publish each application
for a Class "A," Class "B," "Class A," "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 Village
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.
Quota. License quotas shall be as established in Ch. 125, Wis. Stats.
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 who are citizens of the United States
and who have been residents of the State of Wisconsin 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/she
has the right to possession of the premises described in the application
for the license period, by lease or by deed.
D.
Age of applicant. Licenses related to alcohol beverages shall only
be granted to persons who have attained the legal drinking age except
for an operator’s license, which may be granted to persons who
have attained the age of 18.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 Village Clerk-Treasurer a
statement of transfers of stock within 48 hours after such transfer
of stock.
(3)
Any license issued to a corporation may be revoked in the manner
and under the procedure established in § 125.12, Wis. Stats.,
when more than 50% of the stock interest, legal or beneficial, in
such corporation is held by any person or persons not eligible for
a license under this article or under the state law.
F.
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.
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 and permits are issued
simultaneously, both are void.
H.
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.
The Village Clerk-Treasurer shall notify Village law enforcement
officers, the Fire Inspector and Building Inspector (and, as appropriate,
other pertinent law enforcement agencies) of each new application,
and these officials shall inspect or cause to be inspected each application
and the premises, together with such other investigation as shall
be necessary to determine whether the applicant and the premises sought
to be licensed comply with the regulations, ordinances and laws applicable
thereto, including those governing sanitation in restaurants, and
whether the applicant is a proper recipient of a license. These officials
shall furnish to the Village Clerk- Treasurer in writing, who shall
forward to the Village Board, the information derived from such investigation,
accompanied by a recommendation as to whether a license should be
granted or refused. No license shall be renewed without a reinspection
of the premises and report as originally required.
A.
No license shall be issued for operation on any premises or with
any equipment for which taxes, assessments, forfeitures or other financial
claims of the Village or 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 Department of Health Services applicable to restaurants. The
premises must be properly lighted and ventilated, must be equipped
with separate sanitary toilet and lavatory facilities equipped with
running water for each sex and must conform to all ordinances of the
Village.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 Village Board. The Village 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.
Opportunity shall be given by the governing body to any person to
be heard for or against the granting of any license. Upon the approval
of the applicant by the Village Board, the Village Clerk-Treasurer
shall issue to the applicant a license, upon payment by the applicant
of the license fee to the Village. The full license fee shall be charged
for the whole or fraction of any year.
B.
If the Village 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 Village 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 Village Board consents to the request. Such
written notice shall be mailed or served upon the applicant at least
10 days prior to the Village 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 premise to another
if such transfer is first approved by the Village Board. An application
for transfer shall be made on a form furnished by the Village Clerk-Treasurer.
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
prescribed in § 125.04(12), Wis. Stats. Whenever a license
is transferred, the Village Clerk-Treasurer 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
Village for reissuance of said license and the Village, as the licensing
authority, shall in no way be bound to reissue said license to said
subsequent purchaser.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Whenever the agent of a corporate holder of a license is for any
reason replaced, the licensee shall give the Village Clerk-Treasurer
written notice of said replacement, the reasons therefor and the new
appointment. Until the next regular meeting or special meeting of
the Village Board, the successor agent shall have the authority to
perform the functions and be charged with the duties of the original
agent. However, said license shall cease to be in effect upon receipt
by the Village Clerk-Treasurer of notice of disapproval of the successor
agent by the Wisconsin Department of Revenue or other law enforcement
officers of the municipality in which the license was issued. The
corporation's license shall not be in force after receipt of such
notice or after a regular or special meeting of the Village Board
until the successor agent or another qualified agent is appointed
and approved by the Village.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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
Village Clerk-Treasurer shall affix to the license his/her affidavit.
A.
Every person licensed in accordance with the provisions of this article
shall immediately post such license and keep the same posted while
in force in a conspicuous place in the room or place where said beverages
are drawn or removed for service or sale.
B.
It shall be unlawful for any 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," "Class B" and "Class
C" 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 Village applicable
thereto.
A.
Consent to entry. Every applicant procuring a license thereby consents
to the entry of law enforcement authorities or duly authorized representatives
of the Village at all reasonable hours for the purpose of inspection
and search, and consents to the removal from said premises of all
things and articles there had in violation of Village ordinances or
state laws, and consents to the introduction of such things and articles
in evidence in any prosecution that may be brought for such offenses.
B.
Employment of minors. No retail "Class 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. Except as otherwise
authorized by §§ 125.32 and 125.68, Wis. Stats., family
members may work on the licensed premises but are not permitted to
sell or dispense alcoholic beverages.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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, and
in visual control of such premises, operated under a "Class B," 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/she 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 Board of Health governing sanitation in restaurants shall apply
to all "Class B" liquor or "Class C" licenses issued under this article.
No "Class B" or "Class C" license shall be issued unless the premises
to be licensed conform to such rules and regulations.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 article or the laws of the State
of Wisconsin.
I.
Credit prohibited. No retail Class "A," Class "B," "Class A," "Class
B," or "Class C" liquor, wine, or fermented malt beverage 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 article by a duly authorized agent or employee of a licensee
or permittee under this article shall constitute a violation by the
licensee or permittee. Whenever a licensee or permittee under this
article shall violate any portion of this article, proceeding for
the suspension or revocation of the license or permit of the holder
thereof may be instituted in the manner determined in this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Closing hours shall be established in conformance with §§ 125.32(3)
and 125.68(4), Wis. Stats., and further restricted as follows:
A.
Class "B" licenses.
(1)
No premises for which a retail "Class B" liquor, Class "B" fermented
malt beverage 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 1.
(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.
Carry-out hours. Between 9:00 p.m. and 8:00 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. On "Class B" liquor
or Class "B" fermented malt beverage licensed premises, carry-out
shall be prohibited between midnight and 6:00 a.m.
It shall be unlawful for any person or organization on a temporary
basis to sell or offer to sell any alcohol beverage upon any Village-owned
property or privately owned property within the Village of Winneconne,
except through the issuance of a temporary Class "B" fermented malt
beverage license or temporary "Class B" wine license issued by the
Village 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 Village-owned property or privately-owned property
may be authorized by the Village Board, provided the following requirements
are met:
A.
Compliance with eligibility standards. The organization shall meet the eligibility requirements of a bona fide club, association, lodge or society as set forth in § 125.26(6), Wis. Stats., and shall fully comply with the requirements of this section and § 203-23. Members of an organization which is issued a temporary license and who are issued operator's licenses for the event may be required to attend a pre-event informational meeting to learn what rules and regulations apply and what the responsibilities of the bartenders and organization will be.
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 underage
person and that proper identification may be required.
C.
Fencing.
(1)
If necessary due to the physical characteristics of the site, the
Village 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.
(2)
For indoor events, the structure used shall have suitable exits and
open spaces to accommodate anticipated attendance. It should contain
adequate sanitary facilities to accommodate the size of the group.
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 except as otherwise
authorized by §§ 125.32 and 125.68, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Licensed operators requirement. A licensed operator shall be stationed
at all points of sales at all times.
F.
Waiver. The Village 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
Village and its employees and agents harmless against all claims,
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 shall be required to furnish a certificate of comprehensive
general liability and liquor liability insurance with the Village
of Winneconne named. The applicant may be required to furnish a performance
bond prior to being granted the license.
A.
Procedure. Whenever the holder of any license under this article violates any portion of this article or Article II of this article of the Code of the Village of Winneconne, 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 Village Board. All persons issued a license to sell alcohol
beverages in the Village for which a quota exists limiting the number
of such licenses that may be issued by the Village 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.
C.
License revocation or suspension. License revocation or suspension
procedures shall be as determined by Chapter 125, Wis. Stats.
D.
Point values for alcohol beverages violation, revocations and suspensions.
(1)
Purpose and definitions. The purpose of this subsection is to administratively
interpret those portions of this article relating to the establishment
of an alcohol beverage demerit point system to assist in determining
which license holders should be subject to suspension or revocation
procedures.
(2)
Point schedule. The scale of demerit points is listed according to
the type of alcohol beverage violation. This demerit point system
is used to identify habitually troublesome license holders who have
repeatedly violated state statutes and Village ordinances for the
purpose of recommending suspension or revocation of their alcohol
beverage licenses.
|
Type of Violation
|
Point Value
|
|---|---|
|
Sale of alcohol beverages without license or permit; sale of
controlled substances on licensed premises
|
100
|
|
Sale of alcohol beverages to underage person
|
50
|
|
Sale of alcohol beverages to intoxicated person
|
50
|
|
Underage person on premises
|
50
|
|
Intoxicated bartender; disorderly conduct on premises
|
50
|
|
After-hours consumption
|
50
|
|
Refusal to allow police to search premises or refusal to cooperate
with lawful police investigation
|
50
|
|
Licensee, agent or operator not on premises at all times
|
25
|
|
Persons on premises after closing hours
|
25
|
|
Violations of carry-out hours
|
25
|
|
Licensee permitting person to leave licensed premises with open
alcohol beverage
|
25
|
|
All other violations of this article
|
25
|
(3)
Violations how calculated. In determining the accumulated demerit
points against a licensee within 12 months, the Village shall use
the date each violation was committed as the basis for the determination.
(4)
Suspension or revocation of license.
(a)
The Village Board shall call before it for purposes of revocation
or suspension hearing all licensees who have accumulated 200 points
in a twelve-month period as a result of court imposed convictions.
(b)
If the demerit point accumulation calculated from the date of
violation amounts to 200 points in a twelve-month period, a suspension
of 30 days shall be imposed. If the demerit point accumulation is
250 points (calculated from the date of violation) in a twenty-four-month
period, a suspension of 60 days shall be imposed. If the demerit point
accumulation in a thirty-six-month period is 300 points, the suspension
shall be for the maximum allowed by law, which is 90 days. If the
license is revoked no other license shall be granted to such licensee
or for such premises for a period of 12 months from the date of revocation.
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 Police
Department 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 non-alcohol 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 Police Department during normal working hours (8:00
a.m. to 5:00 p.m., Monday through Friday) and shall be given on forms
determined by the Village. After a non-alcohol event notice has been
given, the licensee may cancel an event(s) only by giving like notice
to the Police Department in accordance with the provisions of this
subsection. Regardless of the date given, all notices shall expire
and be deemed canceled no later than the date of expiration or revocation
of the applicable retail Class "B," "Class B" or "Class C" license.
B.
During the period of any non-alcohol event a notice card determined
by the Police Department 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 Village to a requesting licensee.
C.
Once a non-alcohol 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 non-alcohol 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 disconnected, disabled or made inoperable.
A.
Purpose. The Village Board finds that restrictions are necessary
for outdoor beer gardens and sports activities at premises holding
"Class B" and Class "B" liquor and fermented malt beverages licenses
due to concerns arising from noise, density and related problems.
This section enacted pursuant to police power provides a framework
for regulatory controls on such outdoor sports and beer garden activities.
B.
Approval required.
(1)
Generally. No licensee shall conduct or sponsor any outdoor sports
activity or event or beer garden on property forming any part of the
real property on which the licensed premises exist without the prior
approval of the Village Board.
(2)
Permit required for beer garden outdoor consumption. No licensee
shall permit the consumption of alcohol beverages on any part of the
licensed premises not enclosed within the building, except under a
beer garden permit granted by the Village Board. The permits are a
privilege in which no rights vest and, therefore, may be revoked by
the Village Board at its pleasure at any time or shall otherwise expire
on June 30 of each year. No person shall consume or have in his or
her possession alcohol beverages on any unenclosed part of a licensed
premise which is not described in a valid beer garden permit.
C.
Application. If a licensee shall conduct or sponsor any outdoor sports
activity or event or beer garden on the licensee's property, the licensee
shall file an application with the Clerk-Treasurer setting forth the
following information:
(1)
The name, address and telephone number of the person or persons who
will be responsible for the actual conduct of the activity or event;
(2)
The date and duration of time for the proposed activity or event;
(3)
An accurate description of that portion of the licensee's property
proposed to be used;
(4)
A good faith estimate of the number of users, participants and spectators
for the beer garden or proposed activity or event; and
(5)
The licensee's plan for maintaining the cleanliness of the licensed
area.
D.
Time for filing. The licensee shall file the application not less
than 15 days before the date of the proposed activity or event. The
Village Board may waive the fifteen-day time limit upon a licensee's
showing of exigent circumstances. The application shall be accompanied
by payment of a fee as determined by Village Board for review of the
application. The applicant may request that an annual permit be issued
for the beer garden or outdoor sports activities.
E.
Review. The Village Board shall review the applications in light
of the standards of this section. If the nature of the property or
the event requires the imposition of additional regulations, the Village
Board may impose these regulations upon an express finding detailing
the reasons for additional regulation. All property owners within
150 feet of the proposed beer garden or outside sports facility shall
be notified of the pendency of application for a permit by first-class
mail.
F.
Outdoor sports activity standards. The following standards shall
apply to any outdoor sports activity regulated under this section:
(1)
Approval of an application shall not act to permit outdoor consumption
of alcohol beverages on the property beyond the area specifically
licensed.
(2)
If the estimated number of participants and spectators shall bring
the number of persons on the property above the number for which licensed
premises' rest room facilities are rated adequate, the licensee shall
provide a number of portable temporary rest rooms sufficient to serve
the estimated number of persons.
(3)
The Village Board shall not grant approval to any applicant whose
property on which the activity or event is proposed is adjacent to
any property zoned residential or on which a residential use exists
as a nonconforming use, or within 100 feet of any property zoned residential
or on which a residential use exists as a nonconforming use. Fencing
may be required.
(4)
The applicant shall provide parking adequate for the proposed activity
or event, whether on-site or through agreements with property owners
shown to the Village Board's satisfaction to permit their property
to be used for parking for the proposed activity or event.
(5)
The applicant shall show the Village Board plans adequate to provide
reasonable access to participants and spectators for the event, and
to limit access for all other persons.
(6)
The licensee shall clean up all garbage and debris relating to the
activity or event at least once per 24 hours during the activity or
event.
(7)
The licensee shall not permit the noise level of the sports activity
or event to exceed 75 dB, measured at any border of the licensee's
real property.
G.
Limitations on issuance of beer garden permits. No permit shall be
issued for a beer garden if any part of the beer garden is within
100 feet of a structure used for residential purposes, except residential
uses located in the same structure as the licensed premises or located
on a commercially zoned parcel. No permit shall be issued for a beer
garden if the beer garden area is greater than 50% of the gross floor
area of the adjoining licensed premises. Each applicant for a beer
garden permit shall accurately describe the area intended for use
as a beer garden and shall indicate the nature of fencing or other
measures intended to provide control over the operation of the beer
garden. Every beer garden shall be completely enclosed with a fence
or wall not less than six feet in height. No amplified sound or music
is permitted outside the enclosed (building) premises. Amplified sound
or music is not permitted in the beer garden. There shall be a licensed
operator with the beer garden at all times the beer garden is in operation.
H.
State statutes enforced within beer garden. Every permittee under
this section shall comply with and enforce all provisions of Chapter
125, Wis. Stats., applicable to Class "B" licensed premises, except
insofar as such provisions are clearly inapplicable. Violation of
the provisions of Chapter 125, Wis. Stats., shall be grounds for immediate
revocation of the outdoor sports activity or beer garden permit by
the Village Board.
I.
Violations. Failure of the licensee to comply with any of the provisions
of this section shall be grounds for suspension, nonrenewal or revocation
of the licensee's alcohol beverage license or licenses.
A.
Authority.
(1)
The Village Board of the Village of Winneconne has explicit authority
under § 125.10(1), Wis. Stats., to adopt regulations governing
the sale of alcohol beverages which are in addition to those set forth
in Ch. 125, Wis. Stats.;
(2)
The Village Board has authority under its general police powers set
forth in Ch. 61, Wis. Stats., to act for the good order of the municipality
and for the health, safety and welfare of the public; and may carry
out its powers by regulation and suppression;
(3)
The Village Board recognizes it lacks authority to regulate obscenity
and does not intend by adopting this section to regulate obscenity,
since nudity in and of itself is not obscene, it declares its intent
to enact an ordinance addressing the secondary effects of live, totally
nude, non-obscene, erotic dancing in bars and taverns;
(4)
Bars and taverns featuring live totally nude, non-obscene, erotic
dancing have in other communities tended to further the increase of
criminal and other offensive activity, to disrupt the peace and order
of the communities, to depreciate the value of real property, to harm
the economic welfare of the communities and to negatively affect the
quality of life of the communities; and such secondary effects are
detrimental to the public health, safety and general welfare of citizens;
(5)
The Village Board recognizes the United States Supreme Court has
held that nude dancing is expressive conduct within the outer perimeters
of the First Amendment to the United States Constitution and therefore
entitled to some limited protection under the First Amendment, and
the governing body further recognizes that freedom of speech is among
our most precious and highly protected rights, and wishes to act consistently
with full protection of those rights;
(6)
However, the Village Board is aware, based on the experiences of
other communities, that bars and taverns in which live, totally nude,
non-obscene, erotic dancing occurs may and do generate secondary effects
which the governing body believes are detrimental to the public health,
safety and welfare of the citizens of the Village of Winneconne;
(7)
Among these secondary effects are:
(a)
The potential increase in prostitution and other sex-related
offenses, as well as other crimes and offenses;
(b)
The potential depreciation of property values in neighborhoods
where bars and taverns featuring nude dancing exist;
(c)
Health risks associated with the spread of sexually transmitted
diseases; and
(d)
The potential for infiltration by organized crime for the purpose
of unlawful conduct.
(8)
The Village Board desires to minimize, prevent and control these
adverse effects and thereby protect the health, safety and general
welfare of the citizens of the Village of Winneconne; protect the
citizens from increased crime; preserve the quality of life: preserve
the property values and character of surrounding neighborhoods; and
deter the spread of urban blight; and
(9)
The Village Board has determined that enactment of an ordinance prohibiting
live, totally nude, non-obscene, erotic dancing in bars and taverns
licensed to serve alcohol beverages promotes the goal of minimizing,
preventing and controlling the negative secondary effects associated
with such activity.
B.
Nude dancing in licensed establishments prohibited. It is unlawful
for any person to perform or engage in, or for any licensee or manager
or agent of the licensee to permit any person, employee, entertainer
or patron to perform or engage in any live act, demonstration, dance
or exhibition on the premises of a licensed establishment which:
C.
Exemptions. The provisions of this section does not apply to the
following licensed establishments: theaters, performing arts centers,
civic centers, and dinner theaters where live dance, ballet, music
and dramatic performances of serious artistic merit are offered on
a regular basis and in which the predominant business or attraction
is not the offering to customers of entertainment which is intended
to provide sexual stimulation or sexual gratification to such customers
and where the establishment is not distinguished by an emphasis on,
or the advertising or promotion of, employees engaging in nude erotic
dancing.
D.
LICENSED ESTABLISHMENT
Definitions. For purposes of this section:
Any establishment licensed by the Village Board of the Village
of Winneconne to sell alcohol beverages pursuant to Ch. 125, Wis.
Stats. The term "licensee" means the holder of a retail "Class A,"
"Class B," Class "B," Class "A," or "Class C" license granted by the
Village Board of the Village of Winneconne pursuant to Ch. 125, Wis.
Stats.
E.
Penalties. Any person, partnership or corporation who violates any of the provisions of this section shall be subject to forfeiture pursuant to § 1-3. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this section constitutes sufficient grounds for suspending, revoking or nonrenewing an alcohol beverage license under § 125.12, Wis. Stats.
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 Village Board may issue an operator's license, which license
shall be granted only upon application in writing on forms to be obtained
from the Village Clerk-Treasurer only to persons 18 years of age or
older. Operator's licenses shall be operative only within the limits
of the Village.
(2)
All applications are subject to an investigation by Village-designated
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. The
investigating authority shall 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 investigating authority
shall recommend, in writing, to the Village Board approval or denial
of the application, assuming filing of proof of training. If the investigating
authority recommends denial, the investigating authority shall provide,
in writing, the reasons for such recommendation.
C.
Duration. Licenses issued under the provisions of this article shall
be valid for a period of two years and shall expire on the 30th day
of June.
D.
Operator's license fee; provisional or temporary licenses.
(1)
Fee. The fee for a two-year operator's license shall be as determined
by Village Board. The nonrefundable fee for a provisional license
shall be as determined by Village Board. There shall be no fee for
a temporary operator's license.
(2)
Provisional license. The Village Clerk-Treasurer 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 Chief of Police may be asked to submit to
the Clerk-Treasurer a report regarding the applicant's conviction
history, if any. The applicant for such provisional license must present
evidence to the Clerk-Treasurer establishing that the applicant is
enrolled in a responsible beverage server training course established
pursuant to § 125.17(6)(a), Wis. Stats., or evidence of
having taken such approved program. The Village Clerk-Treasurer 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/her
successful completion of the approved program or allowing an applicant
who has successfully completed the approved program the privilege
of being licensed as a beverage operator pending the issuance of an
operator's license by the Village Board. No such provisional operator's
license shall be issued prior to a waiting period of less than 96
hours (four days), and the completion of a background check subject
to limitations established by law. A provisional license may not be
issued to any person who has been denied an operator's license by
the Village Board or who has had his/her operator's license revoked
or suspended within the preceding 12 months. No person shall be issued
more than three provisional licenses in any twelve-month period. The
Village Clerk-Treasurer shall provide an appropriate application form
to be completed in full by the applicant. The Village Clerk-Treasurer
may revoke the provisional license issued if he/she discovers that
the holder of the license made a false statement on the application.
A provisional license shall not be renewed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
Temporary license. The Village Clerk-Treasurer may issue a temporary
operator's license, provided that:
(a)
This license may be issued only to operators employed by or
donating their services to nonprofit corporations.
(b)
No person may hold more than one license of this kind per year.
(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 Village Board approves the granting of an operator's license,
the Village Clerk-Treasurer 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 of application.
(a)
If the application is denied by the Village Board, the Village
Clerk-Treasurer shall, in writing, by certified mail, inform the applicant
of the denial, the reasons therefor, and of the opportunity to request
a reconsideration of the application by the Village Board. 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 again denies the application,
the Village Clerk-Treasurer 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)
Granting or denial of license.
(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 Village 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 Village Board, the Village 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 Village 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.
F.
Training course.
(1)
Except as provided in Subsection F(2) below, the Village Board may not issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a vocational, technical and adult education district and that conforms to curriculum guidelines specified by the Board of vocational, technical and adult education or a comparable training course that is approved by the educational approval board or unless the applicant fulfills one of the following requirements:
G.
Display of license. Each license issued under the provisions of this
article shall be posted on the premises whenever the operator dispenses
beverages or be in his/her possession, or the licensee shall carry
a license card.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
H.
Revocation of operator's license. Violation of any of the terms or
provisions of the state law or of this article relating to operator's
licenses by any person holding such operator's license shall be cause
for revocation of the license.
A.
Any person who shall violate any provision of this article of the
Code of the Village of Winneconne, 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 the bond fee schedule
of this Code of the Village of Winneconne, except as otherwise provided
in this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Nothing herein shall preclude or affect the power of the sentencing
court to exercise additional authorities granted by the Wisconsin
Statutes.
[Adopted as Title 11, Ch. 4, of the 2012 compilation of ordinances,
as amended through 5-22-2013]
A.
Alcoholic beverages in public areas.
(1)
Regulations. It shall be unlawful for any person to sell, serve or
give away, or offer to sell, serve or give away, any alcoholic beverage
upon any public street, sidewalk, alley, public parking lot, highway,
municipal building, library, cemetery or drives or other public area
within the Village of Winneconne or on private property without the
owner's consent, except at licensed premises. It shall be unlawful
for any person to consume or have in his/her possession any open container
containing alcohol beverage upon any public street, public sidewalk,
public way, municipal building, library, public alley or public parking
lot within the Village of Winneconne.
(2)
Private property held out for public use. It shall be unlawful for
any person to consume any alcohol beverages upon any private property
held open for public use within the Village unless the property is
specifically named as being part of a licensed premises.
(3)
Exceptions.
(a)
The provisions of this section may be waived by the Village
Board for duly authorized events.
(b)
This section shall not apply to any organization which has been issued a temporary fermented malt beverage and/or temporary wine license for a designated area and event pursuant to this Code, provided that the provisions of this article and Article I of this chapter are fully complied with.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
ALCOHOLIC BEVERAGE
PUBLIC AREA
UNDERAGE PERSON
Definitions. As used in this section, the following terms shall have the meanings indicated:
Includes all ardent, spirituous, distilled or vinous liquors,
liquids or compounds, whether medicated, proprietary, patented, or
not, and by whatever name called, as well as all liquors and liquids
made by the alcoholic fermentation of an infusion in potable water
of barley malt and hops, with or without unmalted grains or decorticated
or degerminated grains or sugar, which contain 1/2 of 1% or more of
alcohol by volume and which are fit for use for beverage purposes.
Shall be construed to mean any location within the Village
which is open to access to persons not requiring specific permission
of the owner to be at such location, including all parking lots serving
commercial establishments.
Any person under the legal drinking age as defined by the
Wisconsin Statutes.
[1][1]
Editor's Note: The following original sections of the 2012 compilation of ordinances, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II): Sec. 11-4-2, Sale to Underage or Intoxicated Persons Restricted; Sec. 11-4-3, Underage Persons' Presence in Places of Sale / Penalty; Sec. 11-4-4, Underage Persons / Prohibitions / Penalties; Sec. 11-4-5, Defense of Sellers; Sec. 11-4-6, Persons Who Have Attained the Legal Drinking Age / False or Altered Identification Cards; Sec. 11-4-7, Possession of Alcoholic Beverages on School Grounds Prohibited; Sec. 11-4-8, Adult Permitting or Encouraging Underage Violation; and Sec. 11-4-9, Solicitation of Drinks Prohibited.
C.
Penalties.
Any person convicted of violating this section is subject to a forfeiture
of not more than $500.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
