[Adopted 6-11-1991 by Ord. No. 91-4; amended in its entirety 6-11-2020 by Ord. No. 2020-03]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person shall vend or sell alcoholic beverages within the Town of Wescott without first obtaining an operator's (also referred to as a bartender's) license. Operator's licenses shall be issued by the Town Board upon payment of the applicable fee, written application on a form provided by the Town Clerk and following Town Board approval to individuals who fulfill the requirements set forth in §§ 125.04(5) and 125.17, Wis. Stats. Licenses are issued for a one-year term that expires June 30 of the applicable term year. The provisions of § 125.68(2), Wis. Stats., and any future amendments or changes are hereby incorporated. Operator's licenses issued under this section are valid only within the Town of Wescott. The fee for an operator's license shall be in an amount as set from time to time by resolution of the Town Board, plus actual Town expenses; fees shall be paid to the Town of Wescott.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Town Clerk may issue a provisional operator's license to a person who has applied for a Town of Wescott operator's license under this section and who is enrolled in or, within the last two years, has completed a training course under § 125.17(6), Wis. Stats., and has not previously been denied such a license by the Town Board. Additionally, the Town Clerk may issue a provisional operator's license to a person who has applied for a Town of Wescott operator's license under this section and files a certified copy of a valid operator's license issued by another Wisconsin municipality. A provisional license expires 60 days after its issuance or when an operator's license under this section is issued to the holder, whichever is sooner. The provisional operator's license shall be revoked by the Town Clerk if it is discovered that the holder of the provisional operator's license made a false statement on their application, or the holder fails to complete the Responsible Beverage Server Training Course, or does not comply with other requirements set forth in this article. No person may hold more than one provisional operator's license per calendar year. The fee for a provisional license shall be in an amount as set from time to time by resolution of the Town Board, plus actual Town expenses; fees shall be paid to the Town of Wescott.
[Amended 2-2-2022 by Ord. No. 2022-01]
A. 
A record check shall be performed on each operator's license applicant by the Town Clerk or his or her designee prior to Town Board approval. Information may be requested from law enforcement agencies and/or other municipalities in which the applicant resides, has resided or has been licensed, and any other source the Clerk or his or her designee deems appropriate in his or her sole discretion. An applicant may be denied a license based on his or her arrest or conviction record subject to the Fair Employment Act, §§ 111.321, 111.322 and 111.335, and § 125.04(5)(a)1, Wis. Stats. It is not employment discrimination to deny a license because of a conviction record if the circumstances of the charge substantially relate to the alcohol beverage licensing activity. An applicant may not be issued a license if he or she is a "habitual law offender," § 125.04(5)(b), Wis. Stats., or if he or she has been convicted of a felony which substantially relates to the alcohol beverage licensing activity. Arrests or nonfelony convictions five years or older will not be considered in the operator's license review. All other provisions of Ordinance No. 2020-03 remain the same.
B. 
Administrative approval. When a record check produces zero or one nonfelony conviction, or nonfelony convictions that are five years or older, the Town Clerk or his or her designated official may issue the operator's license for use until Town Board consideration and approval.
C. 
Conditional approval. The Town Board may place additional conditions upon a license consistent with the provisions of this chapter and the laws of the State of Wisconsin. Violation of any such condition shall be considered a violation of this section and grounds for suspension or revocation of license.
An applicant who is denied an operator's license by the Town Board will be allowed to appeal that decision through a public hearing before the Town Board.