[Adopted as Sec. 7.02 of the prior Code; amended in its entirety 12-13-2018 by Ord. No. 18-17]
Except as otherwise specifically provided, all provisions of Chapter 125 of the Wisconsin Statutes describing and defining regulations with respect to alcohol beverages are hereby adopted by reference and made a part of this chapter as if fully set forth herein. A violation of any such provisions shall constitute a violation of this chapter.
[Amended 4-16-2020 by Ord. No. 20-03]
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," and "wholesalers" shall have the meaning given them by Chapter 125, Wisconsin Statutes.
BUILDING PERMIT
Permit issued by the Building Inspector allowing commencement of project construction.
BUSINESS
An occupation, employment or enterprise, which occupies time, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered, however, not including hobbies and home occupations.
CHARITABLE ORGANIZATION
Any benevolent, philanthropic, patriotic or eleemosynary person, partnership, association or corporation, or one purporting to be such, including Boy Scouts, Girl Scouts, 4-H Clubs and school organizations; and religious organizations.
DIRECT SELLER
Any individual who, for him/her/herself, or for a partnership, association or corporation, sells goods, or takes sales orders for the later delivery of goods, at any location other than the permanent business place or residence of said individual, partnership, association or corporation, and shall include, but not be limited to, peddlers, solicitors and transient merchants. The sale of goods includes donations required by the direct seller for the retention of goods by a donor or prospective customer.
DISPOSAL
Disposal includes, but is not limited to, unloading, throwing away, discarding, emptying, abandoning, discharging, burning, spreading onto open fields, land spreading or burying waste, garbage, refuse, or sludge on, into, or under any property or lands whether publicly or privately owned within the Town of Rome.
DWELLING
Any building which has the primary purpose of human habitation and which contains one or two dwelling units.
GOODS
Personal property of any kind and shall include goods provided incidental to services offered or sold.
HEALTH DEPARTMENT
The Adams County Health Department, Health Officers, or his/her designee or authorized agent.
LOT
A parcel of land. A lot may be a parcel designated in a plat or described in a conveyance recorded in the Office of the Register of Deeds, or any part of a large parcel when such part complies with the requirements of this Code as to width and area for the district in which it is located.
MUNICIPALITY
Any city, village, town or county.
OCCUPANCY
Pertains to and is the purpose for which a building is used or intended to be used.
OCCUPANT
Any person occupying or having use of a building, structure, premises of any part thereof.
OPERATOR
Any person who has charge, care or control of a building, structure or premises or part thereof.
OWNER
Includes the plural as well as the singular and may mean either a natural person, firm, association, partnership, private corporation, public or quasi-public corporation, or combination of these who shall hold title to a building, structure or property, or who shall be in actual possession of, or have charge, or control of building, structure, or property as agent of the title holder, or who shall be trustee or guardian of the estate or person of the title holder.
PARKING SPACE
A graded and surfaced area of not less than 180 square feet in area, either enclosed or open, for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley.
PERMANENT MERCHANT
A direct seller who, for at least one year prior to the consideration of the application of this article to said merchant has continuously operated an established place of business in this Town; or has continuously resided in this Town and now does business from his/her residence.
PERSON
Includes a corporation, firm partnership, association, organization and any other group acting as a unit as well as individuals, including a personal representative, receiver or other representative appointed according to law. Whenever the term "person" is used in any section of this article prescribing a penalty or fine, as to partnerships or associations, the work shall include the partners or members thereof, and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such section.
PUBLIC OFFICER
Persons serving in statutory elected or appointed offices provided for in Chapter 60 of the Wisconsin Statutes, and all members appointed to boards, committees and commissions established or appointed by the Town Chairperson and/or Town Board, whether paid or unpaid.
RUBBISH
The miscellaneous waste material, combustible and noncombustible, resulting from housekeeping and ordinary mercantile enterprises, and includes boxes, cartons, excelsior, paper, ashes, cinders, tin cans, bottles and broken glass, rubber, grass clippings, brush, leaves, garden plants, and animal waste.
SIGN
Any medium, including its structure, words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trademarks by which anything is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and which is visible from any public street or highway.
SITE PLAN
A plan prepared to scale, showing accurately and with complete dimensioning the boundaries of a site and the location of all buildings, structures, uses, and principal site design features proposed for a specific parcel of land.
STREET
Any public highway or alley and shall mean the entire width between the boundary lines of any public way where any part thereof is open to the public for purposes of vehicular traffic.
STRUCTURE
Anything constructed or erected, the use of which requires a more or less permanent location in or on the premises, or any other attachment to something having a permanent location on the ground, which includes, but is not limited to, objects such as buildings, mobile homes, gas or liquid storage tanks, bridges, culverts, decks, fences, satellite dishes or swimming pools.
TAMPER EVIDENT SEAL
A device or material that is used to securely and fully close off a container, with no perforations, in such a manner that access to the contents of the container cannot be gained without showing evidence of tampering.
[Added 5-20-2021 by Ord. No. 21-10]
TOWN
The Town of Rome, Adams County, Wisconsin, or any duly appointed designate thereof, including, but not limited to, the Town Board and Town committees.
TOWN BOARD or BOARD
The present governing body of the Town or any successors to the legislative power of said body, or any duly appointed designate thereof.
UTILITIES
Public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays and gas regulation stations, inclusive of associated transmission facilities but not including sewage disposal plants, municipal incinerators, warehouses, shops, storage yards and power plants.
VEHICLE
A motor vehicle, trailer, semitrailer or mobile home, whether or not such vehicle is registered under Wisconsin Law.
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 whatsoever, 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 §§ 125.16, 125.27, 125.28, 125.51, Wis. Stats.
[Amended 4-16-2020 by Ord. No. 20-03]
There shall be the following classes and denominations of licenses which, when issued by the Town Clerk/Treasurer under the authority of the Town Board after payment of required fee, shall permit the holder to sell, deal or traffic intoxicating liquor or fermented malt beverages as provided in §§ 125.17, 125.25, 125.26, or 125.51(2) and (3), Wis. Stats:
A. 
Class "A" fermented malt beverages. Pursuant to § 125.25, Wis. Stats., a Class "A" license may be issued for the sale of fermented malt beverages for consumption off the premises where sold in original packages, containers and bottles.
B. 
Class "B" fermented malt beverages. Pursuant to § 125.26, Wis. Stats., a Class "B" license may be issued for the sale of fermented malt beverages to be consumed on the premises where sold or off the premises.
C. 
"Class A" intoxicating liquor. Pursuant to § 125.51, Wis. Stats., a "Class A" intoxicating liquor license may be issued for the sale of intoxicating liquor for consumption off the premises where sold and in original packages and containers.
D. 
"Class B" intoxicating liquor. Pursuant to § 125.51, Wis. Stats., a "Class B" intoxicating liquor license may be issued for the sale of intoxicating liquor by the glass and not in the original package or container for consumption on the premises where sold or for consumption off the premises if the licensee seals the container of intoxicating liquor with a tamper-evident seal before the intoxicating liquor is removed from the premises. Pursuant to § 125.51(3)(b), any premises for which any "Class B" intoxicating liquor license has been issued is authorized for the sale of intoxicating liquor or wine in the original unopened package or container and in any quantity, for consumption away from the premises where sold. Off-premises sales of intoxicating liquor or wine in the original unopened package or container from any "Class B" licensed premises shall cease between the hours of 9:00 p.m. and 8:00 a.m.
[Amended 4-16-2020 by Ord. No. 20-07; 5-20-2021 by Ord. No. 21-10]
E. 
Reserve "Class B" intoxicating liquor. Pursuant to § 125.51, Wis. Stats., persons seeking a reserve "Class B" license are required to pay an initial issuance fee. The initial issuance fee for a reserve Class "B" shall be $10,000. Bona fide clubs or lodges situated and incorporated in the state for at least six years are exempt from the initial issuance fee and need only pay the fee for a regular "Class B" license.
F. 
"Class C" wine. Pursuant to § 125.51(3m), Wis. Stats., a wine license may be granted to applicants meeting the requirements set forth in that statute for the sale of wine by the glass or in an opened original container for consumption on the premises where sold.
G. 
Provisional retail licenses. Pursuant to § 125.185, Wis. Stats., the Town Administrator, after consultation with the Police Chief and the Town Clerk/Treasurer, is hereby authorized to approve issuance of provisional retail licenses. The fee for such a license shall be $15. In determining whether to issue a provisional license, the Town Administrator shall follow the requirements set forth in said § 125.185. Additionally, the Town Administrator shall not issue such a license unless he or she is satisfied that the standards set forth in § 234-6 of this article are likely to be met. Upon approval, the Town Clerk/Treasurer may issue a provisional retail license for up to 60 days or until a retail license is issued to qualified persons. In the event that it is discovered that a material statement in the application was not truthful, the Town Clerk/Treasurer shall revoke the provisional license and notify the licensee of his or her right to appeal the revocation to the Town Board upon written application.
H. 
Operator's license. Operator's licenses shall be issued to individuals by the Town for the purpose of complying with §§ 125.32(2) and 125.68(2), Wis. Stats., and shall allow the licensee to serve or sell alcohol beverages at any licensed establishment. Pursuant to § 125.17(1), Wis. Stats., the Town Administrator shall be authorized to issue an operator's license to any applicant who is qualified under § 125.04(5), Wis. Stats., and who has complied with the training course requirements set forth in § 125.17(6), Wis. Stats. The Police Chief shall conduct a background check on the applicant for the purpose of determining qualifications under § 125.04(5) and shall make a recommendation to the Town Administrator regarding whether said qualifications have been satisfied. For the purpose of determining whether an applicant's arrest and/or conviction record prohibits the issuance of an operator's license, the Police Chief and the Administrator shall rely on § 111.335, Wis. Stats., and § 234-8 of the Town Code. After receipt of the Police Chief's recommendation and other relevant information, the Administrator shall consider the application. If the Town Administrator denies a license application, the Town Clerk/Treasurer shall, in writing, inform the applicant of the denial and reasons therefor, and provide the applicant the opportunity to appear before the Town Board for reconsideration, under the process set forth in § 234-9B. The Town Board shall set the fee for an operator's license. An initial operator's license shall be valid for one year and shall expire on June 30. A renewed operator's license shall be valid for two years and shall expire on June 30. An application for renewal of an operator's license shall be filed between April 1 and June 30 of the expiration year. An operator's license that has expired may not be renewed; in that event, an application for an initial license must be filed.
[Amended 6-4-2020 by Ord. No. 20-12]
I. 
Provisional operator's licenses. Pursuant to § 125.17(5) Wis. Stats., the Town Administrator, after consultation with the Police Chief and the Town Clerk/Treasurer, is hereby authorized to approve issuance of provisional operators' licenses. The fee for such a license shall be $15. In determining whether to issue a provisional license, the Town Administrator shall follow the requirements set forth in said § 125.17(5). Additionally, the Town Administrator shall not issue such a license unless he or she is satisfied that the standards set forth therein and in § 234-6 of this article are satisfied. The Town Clerk/Treasurer may issue a provisional operator's license for up to 60 days, or upon the expiration of the operator's license issued by another municipality, whichever is sooner. In the event that it is discovered that a material statement in the application was not truthful, the Town Clerk/Treasurer shall revoke the provisional license and notify the licensee of his or her right to appeal the revocation to the Town Board upon written application.
J. 
Temporary Class "B" (picnic). Pursuant to §§ 125.26(6) and 125.51(10), Wis. Stats., temporary class "B" (picnic) licenses may be issued for the sale of fermented malt beverages or wine at a picnic, meeting or similar gathering of limited duration and may only be issued to bona fide clubs and chambers of commerce, state, county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least six months and to posts of veterans' organizations. An application shall include the fee set by the applicable statute for such a license and shall further include the following (except for posts of veteran organizations): confirmation that the organization has been in existence for at least six months prior to the date of application, a list of officers, a copy of the organization's bylaws or a statement of its purpose, and information about the holding of regular meetings.
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 signed by the applicant as provided by §§ 887.01 to 887.03, Wis. Stats., and shall be filed with the Town 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. An addendum shall be attached to the application setting forth information satisfying the requirements of §§ 234-6 and 234-8.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Corporations. Such application shall be filed and signed by the President and secretary, if a corporation, or by all members if an LLC.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Publication. The application shall be published according to the Wisconsin Statutes in the official Town newspaper, and the applicant shall pay the costs of publication.
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. Any amendment which constitutes a material change, as determined by the Town Clerk/Treasurer after consultation with the Town Attorney, shall be on file for 15 days from its filing and shall be published as provided for in Subsection C above.
E. 
Material falsifications. Any applicant who materially falsified an application for an alcohol beverage license will not be eligible to reapply for an alcohol beverage license for a period of six months from the date of denial of such application. The Town Board may waive the provision of this subsection, allow the applicants to submit a corrected application, and grant an alcohol beverage license to the applicant, if it appears to the Town Board that any falsifications on the application were the result of inadvertence, excusable neglect, or mistake. Only convictions during the current licensing year for the individual shall be considered for denial of renewal applications unless the Police Chief demonstrates that convictions from previous license years were not considered in granting the current license.
F. 
License quotas. Retail intoxicating liquor and fermented malt beverage licenses issued by the Town Board shall be limited in number to the quota prescribed by state law.
A. 
Applicant restrictions. Subject to the additional guidelines for applicant screening under § 234-8, licenses related to alcohol beverages issued to natural persons under this section may be issued only to persons who meet the following requirements:
(1) 
Residence requirements. A Class "A," Class "B," "Class A" or "Class B" 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 application.
(2) 
Age of applicant. Except as provided for in § 125.04(5)(d)2, Wis. Stats., no license under this section shall be granted to any underage person who has not attained the legal drinking age.
(3) 
Arrest or conviction record; habitual offenders. No license or permit related to alcohol beverages may, subject to §§ 111.321, 111.322 and 111.335, Wis. Stats., be issued under this chapter to any person who has habitually been a law offender or has been convicted of a felony unless the person has been duly pardoned. 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, charged as a crime, which are substantially related to the licensed activity within the five years immediately preceding the license application. Any applicant who has been convicted of, released from incarceration in any prison system, or a county jail for, or released from parole or probation status for any felony shall not be eligible for an alcohol beverage license, unless the person has been duly pardoned.
(4) 
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 license 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.
(5) 
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.
(6) 
Applicant to have malt beverage license. No "Class B" license shall be issued to any person who does not have a Class "B" license.
(7) 
No license shall be granted to any applicant for operation on any premises, or for operation with any equipment, for which taxes, assessments, forfeitures or other financial claims of the Town are delinquent.
(8) 
No license or permit shall be granted to any applicant who has delinquent taxes for any real or personal property within the Town or who has delinquent assessments, forfeitures or other financial claims owed to the Town.
(9) 
Subsection A(7) and (8) shall not prevent the renewal of an existing license if real property taxes are delinquent for not more than one year. Personal property taxes, however, must be current at the time of renewal.
B. 
Corporate restrictions.
(1) 
No license shall be granted to any corporation or limited liability company, which does not comply with the provisions of § 125.04(5)(c) and (6), Wis. Stats.
(2) 
Each corporate or limited-liability company applicant shall file with its application for such license a statement by its officers or members 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/Treasurer a statement of transfers of stock within five business days after such transfer of stock.
C. 
Adequate parking on premises. Adequate parking shall be available on-site. The minimum number of parking stalls that will be required shall be determined by dividing the maximum capacity of the establishment, as determined by the Fire Chief, by the number three.
D. 
Premises distance from certain activities. The premises shall be located at least 300 feet from the following activities: church, chapel, synagogue or other regular place of religious worship; school, public or private; youth recreation center; licensed day-care center; library; clinic or hospital. Measurement of the distance shall be determined according to the standard set forth in § 360-94E of the Town Code. In addition, premises must be located at least 500 feet from a sexually oriented business as defined in § 110-3 of the Town Code.
E. 
Sexually oriented businesses. No license for the sale or consumption of alcohol shall be issued to any sexually oriented business, as that term is defined in § 110-3 of the Town Code. The offering of sexually oriented entertainment shall serve as a basis for the revocation of a license issued under this section.
F. 
No license shall be issued for a "Class B" or "Class C" license unless the premises conforms to the sanitary, safety and health requirements of the State Building Code, and the regulations of the Wis. Department of Agriculture, Trade and Consumer Protection 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.
G. 
Ordinance compliance. The applicant and the premises for which the application is made must be in compliance with all other Town ordinances, including but not limited to Chapter 360, Zoning.
The Town Clerk/Treasurer shall notify the Chief of Police, 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, and whether the applicant is a proper recipient of a license. These officials shall furnish to the Town Clerk/Treasurer in writing, who shall then forward the same to the Town Board, the information derived from such investigation, accompanied by a recommendation as to whether a license should be granted or refused.
It is the responsibility of the Town Board to screen applicants for alcohol beverage licenses within the Town of Rome under the licensing authority granted by Chapter 125 of the Wisconsin Statutes; the Town adopts the following guidelines in order to clarify the considerations taken into account when deciding whether to grant an alcohol beverage license. The Town Board retains broad discretionary authority in this area. However, if a decision is made to deny a license, the Board is required to provide that applicant with a written reason for the denial. A copy of these guidelines shall be provided to each applicant for a license.
A. 
General requirements. Consideration for the granting or denial of a license will be based on:
(1) 
Arrest and conviction record. Arrest and conviction record of the applicant, subject to the limitations imposed by §§ 111.321, 111.322, and 111.335, Wis. Stats.
(2) 
Economic impact. The applicant must demonstrate that the establishment will have a positive impact on the Town. The applicant shall provide estimates as to the assessed value of the establishment as proposed as well as the number of employees.
(3) 
Location. The appropriateness of the location and the premises where the licensed business is to be conducted, including the traffic impact and the impact on the health, safety and welfare of the area.
(4) 
Law enforcement impact. The impact the proposed establishment would have on the ability of current law enforcement resources to provide adequate enforcement services to the establishment as well as the impact on service to the rest of the Town shall be considered.
B. 
Convictions. Pursuant to § 111.335, Wis. Stats., the Town Board has determined that the nature of the following offenses substantially relates to the activity of selling intoxicating beverages and liquor. Any applicant who has been convicted of the following misdemeanor or ordinance violation within the applicable time frame set forth in the following subcategories will not be eligible for an alcohol beverage license:
(1) 
Within the five-year period preceding the date of application:
(a) 
Violent crimes against the person of another, including but not limited to homicide, aggravated battery, sexual assault, injury by negligent use of a weapon, injury by negligent use of a vehicle, or injury by intoxicated use of a vehicle.
(b) 
Crimes involving children, including but not limited to, any abuse of children, contributing to the delinquency of a minor, receiving stolen property from children, selling drugs to children, or any crime involving child pornography.
(c) 
Drug-related offenses involving the sale or manufacture of narcotics or other controlled substances.
(2) 
Within the four-year period preceding the date of application:
(a) 
Operating a motor vehicle while under the influence of intoxicants or drugs as a second or subsequent offense.
(b) 
Operating a motor vehicle with a blood alcohol concentration in excess of the legal limit as a second or subsequent offense.
(c) 
An adjudication for refusing to take a blood, breath or urine test as requested by a law enforcement officer pursuant to § 343.305(9), Wis. Stats., as a second or subsequent offense.
(3) 
Within the three-year period preceding the date of application:
(a) 
Crimes involving cooperation with law enforcement officials, including but not limited to any offense of filing a false police report, obstructing a police officer, resisting arrest, bribery of public officers or employees, misconduct in public office, perjury, false swearing, assault by prisoner, escape from custody, bail jumping, or bomb scares.
(b) 
Crimes involving dishonesty, theft, or misappropriation of funds, including but not limited to any felony, misdemeanor or ordinance violation for burglary, entry into locked vehicle, theft, fraud on hotel or restaurant keeper, issue of more than one worthless check, receiving or transferring stolen property, loan-sharking, robbery, forgery and retail theft.
(c) 
Alcohol beverage offenses, including but not limited to, sale of alcohol beverages without a license or permit, furnishing alcohol beverages to underage persons (furnishing alcohol beverages to underage persons shall not be used as grounds for suspension, revocation, or nonrenewal of an existing license unless the licensee has committed two violations within a one-year period), furnishing alcohol beverages to intoxicated persons, or any other violation of Chapter 125 of the Wisconsin Statutes or a local ordinance enacted in conformity therewith. This does not include offenses for possession or consumption of alcohol by a minor.
C. 
Drug-related offenses not qualifying under § 234-8B(1)(c), including but not limited to any offense involving the possession of narcotics or other controlled substances.
D. 
Within the two-year period preceding the date of application:
(1) 
Open intoxicants in public places or in a motor vehicle.
A. 
Granting of license. 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/Treasurer shall issue to the applicant a license, upon payment by the applicant of the license fee to the Town.
(1) 
Numbering of license. 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.
B. 
Denial of license. 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 reconsidered. In addition, the notice shall inform the applicant that any evidentiary hearing or meeting at which final action will be taken on the reconsideration of the application shall be held in closed session, pursuant to § 19.85(1)(b), Wis. Stats. unless the applicant requests such hearing and/or meeting 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 five business days prior to the Town Board meeting at which the application is to be reconsidered.
(1) 
Pursuant to § 125.12(2)(b), Wis. Stats., upon denial, suspension, revocation or nonrenewal of a license by the Town Board, an applicant may seek Circuit Court review thereof by certiorari within 30 days of receipt of the final determination.
All 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. 
Posting licenses; defacement. Licenses shall be conspicuously displayed as required in § 125.04(10), Wis. Stats. Any licensee who shall fail to post their license as therein required shall be presumed to be operating without a license. 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.
B. 
Licensed operator on premises. As required in §§ 125.32(2), and 125.68(2), Wis. Stats., no licensed premises may be open for business unless there is present thereupon the licensee, agent (if the licensee is a corporation or LLC) or some other person who holds an operator's license and is responsible for the acts of all persons serving or selling fermented beverages and/or intoxicating liquor.
C. 
Consent to entry. It is a condition of any license issued under this section that the licensed premises, delivery vehicles, and any of the business books of account, bank statements, billings, invoices, and any other documents relating specifically to the licensed business may be entered and inspected at any reasonable hour by any law enforcement officer of the Town without any warrant, and application for a license under this section shall be deemed a consent to this provision.
D. 
Sales to underage persons prohibited. No alcohol beverage shall be sold, dispensed, given away or furnished to any underage person unless he or she is accompanied by a parent, guardian or spouse who has attained the legal drinking age.
E. 
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.
F. 
Health and sanitation regulations. As provided for in § 125.68(5), Wis. Stats., the premises for all "Class B" and "Class C" licenses shall at all times be in compliance with the rules of the Wisconsin Department of Health Services governing restaurants.
G. 
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 section.
H. 
Activities permitted during closed hours. The licensee or permittee and employees shall be permitted to performed job-related activities during closed hours. Under no circumstances shall the consumption of alcohol beverages be permitted after closing time. Commercial janitorial service personnel shall be allowed to enter the licensed premises for the purpose of cleaning during closed hours. The premises shall be well-lighted during cleanup. Prior approval must be requested and granted by the Town Board or its designee for any variance of the above circumstances.
I. 
Licensee responsible for acts of agent or employee. A violation of this section by a duly authorized agent or employee of a licensee under this section shall constitute a violation by the licensee or permittee. Whenever any licensee under this section shall violate any portion of this section, proceedings for the suspension or revocation of the license of the holder thereof may be instituted in the manner prescribed in § 234-13 of this article.
J. 
Continuation of business. As a condition of maintaining and keeping a license to sell alcohol beverages, a licensee must stay open for business and demonstrate business continuance. Issuance or retention of a license by a party not open for business and not demonstrating business continuation is declared by this chapter to be against public policy of the Town. No license shall be maintained unless the premises to which it applies begins regular operation within six months from the date of issuance of the license, or fails to be in operation for any consecutive six-month period in any calendar year while holding a license. Under this provision, the Town Board may postpone revocation or nonrenewal of a license upon consideration of factors including:
[Added 6-6-2019 by Ord. No. 19-08]
(1) 
The reasons why a licensed premises has not been in operation, including but not limited to the degree of control the licensee has had over the circumstances leading to nonoperation and efforts the licensee has undertaken in order to commence or resume operations; and
(2) 
The likelihood that the premises will commence or resume operations within six months.
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 prescribed by the Department. After a non-alcohol event notice has been given, the licensee may cancel an event(s) only by giving like notice to the 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" license.
B. 
During the period of any non-alcohol event, a notice card prescribed 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. The Department shall make cards available 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. 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. 
Abandonment of premises. Any licensee holding a license to sell alcohol beverages that 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 200 days during the term of such license, unless such license is issued for a term of less than 200 days, in which event, this subsection shall not apply.
B. 
In accordance with the provisions of § 125.04(12), Wis. Stats. a license shall be transferable from one premise to another if the Town Board first approves such transfer. An application for transfer shall be made on a form furnished by the Town Clerk/Treasurer. Proceedings for such transfer shall be in the same form and manner as the original application. The fee for such transfer shall be as set forth in § 125.04(12)(a), Wis. Stats. Whenever a license is transferred, the Town Clerk/Treasurer shall notify the Wisconsin Department of Revenue of such transfer within three business days. In the event of the sale of a business or business premise 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.
C. 
Whenever the agent of a corporate holder of a license is for any reason replaced, the licensee shall give the Town Clerk/Treasurer 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/Treasurer of notice of disapproval of the successor agent by the Police Chief.
A. 
Procedure. Whenever the holder of any license under this section violates any portion of this section, proceedings for the revocation, suspension or nonrenewal of such license may be instituted in the manner and under the procedure established by Chapter 125, Wis. Stats.
B. 
Point values for alcohol beverage violation revocations and suspensions.
(1) 
Purpose and definitions. The purpose of this subsection is to administratively interpret those portions of this section relating to establishing 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 Town Code for the purpose of recommending suspension or revocation of their alcohol beverage licenses.
[Amended 6-18-2020 by Ord. No. 20-13]
Type of Violation
Point Value
Sale of alcohol beverages without license or permit
100
Sale of controlled substances on licensed premises
100
Sale of alcohol beverages to an underaged person
50
Sale of alcohol beverages to intoxicated person
50
Underaged person on premises
50
Intoxicated bartender or licensee
50
After-hours consumption
50
Refusal to allow police to search premises or refusal to cooperate with lawful police investigation
50
Licensee, agent or licensed operator not on premises at all times
25
Persons on premises after closing hours
25
Violation of carry-out hours
25
Licensee permitting person to leave licensed premises with open alcohol beverage
25
All other violations of this section
25
Penalty enhancer for severe offenses
100
Enhanced penalty for conduct which:
1. Results in bodily harm to any individual;
2. Creates a substantial risk of death or serious bodily harm;
3. Involves the use of a firearm or other dangerous weapon; or
4. Demonstrates an ongoing disregard for the requirements of state law and municipal ordinances.
(3) 
Demerit points, how calculated. In determining the accumulated demerit points against a licensee within 12 months, the Town shall use the date each violation was committed as the basis for the determination.
(4) 
Determination of violations. The Police Chief is authorized to determine if a violation has occurred for which demerit points may be assessed pursuant to this subsection.
(5) 
Notice of violations. Upon determination that a violation has occurred for which demerit points may be assessed pursuant to this subsection, the Police Chief shall send a letter by regular mail to the licensee or its agent noting the violation(s), the associated number of points, and the possibility of initiation of suspension or revocation proceedings if the point levels in Subsection C are reached. A licensee may appeal the Police Chiefs assessment of points to the Town Board by filing a written appeal with the Town Clerk/Treasurer within 30 days of the Police Chiefs letter. Chapter 68 of the Wisconsin Statutes shall govern the appeal process.
C. 
Demerit point accumulation. The Town Board shall call before it for purposes of a revocation or suspension hearing all licensees who have accumulated the point values noted in the following subsection or who have had referred to it reports from the Town Attorney or Police Chief which, if believed, would result in 200 demerit points in 12 months.
(1) 
If the demerit point accumulation, calculated from the date of violation, exceeds 200 points in a twelve-month period, 250 points in a twenty-four-month period or 300 points in a thirty-six-month period, the Town Board shall either suspend the license for not less than 10 days nor more than 90 days or revoke the license. If the licensee fails to appear for the hearing, the license shall be revoked.
D. 
Effect of revocation of license. If the license(s) 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.