[Adopted 12-8-1992 by Ord. No. 92-13; amended in its entirety 6-11-2020 by Ord. No. 2020-03]
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 State Department of Revenue and shall be sworn
to by the applicant as provided by Wis. Stats. §§ 887.01–887.03
and shall be filed with the Town Clerk not less than 15 days prior
to the granting of such license. The premises shall be physically
described to include every room and storage space to be covered by
the license, including all rooms not separated by a solid wall or
joined by connecting entrances.
B.
Corporations. Such application shall be filed and sworn to by the
applicant, if an individual, or by the president and secretary, if
a corporation.
C.
Publication. The Town Clerk shall publish each application for a
Class "A," Class "B," or "Class C" license. There is no publication
requirement for temporary Class "B" picnic beer licenses under Wis.
Stats. § 125.26, or temporary "Class B" picnic wine licenses
under Wis. Stats. § 125.51(10). The application shall be
published in the official Town newspaper for three consecutive days,
unless a lesser time frame is prescribed by Wis. Stats. Ch. 125, and
the costs of publication shall be paid by the applicant at the time
the application is filed, as determined under Wis. Stat. § 985.08.
D.
Amending application. Whenever anything occurs to change any fact
set out in the application of any licensee, such licensee shall file
with the issuing authority a notice in writing of such change within
10 days after the occurrence thereof.
E.
License quotas. Retail intoxicating liquor licenses issued by the
Town Board shall be limited to the quota prescribed by state law.
A.
Residence requirements. A retail Class "A" or Class "B" fermented
malt beverage or "Class A," "Class B" or "Class B" Reserve intoxicating
liquor license shall be granted only to persons, or their agents,
who have been residents of the state continuously for at least 90
days prior to the date of the application.
B.
C.
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.
D.
Right to premises. No applicant will be considered unless said applicant
has the right to possession of the premises described in the application
for the license period, by deed, lease, or purchase contract, which
contract entails the eventual acquisition and possession of the premises.
E.
Age of applicant. Licenses related to alcohol beverages shall only be granted to person who have attained the legal drinking age, except as set forth in Article I, Operator's (Bartender's) Licenses.
F.
Corporate restrictions.
(1)
No license may be issued to any corporation unless the corporation
meets the qualifications under Wis. Stats. §§ 125.04(5)(a)1,
125.04(5)(a)4 and 125.04(5)(b), unless the agent of the corporation
appointed under Wis. Stats. § 125.04(6) and the officers
and directors of the corporation meet the qualifications of Wis. Stats.
§§ 125.04(5)(a)1, 125.04(5)(a)3 and 125.04(5)(b) and
unless the agent of the corporation appointed under Wis. Stats. § 125.04(6)
meets the qualification under Wis. Stats. §§ 125.04(5)(a)2
and 125.04(a)5. The requirement that the corporation meet the qualifications
under Wis. Stats. §§ 125.04(5)(a)1 and 125.04(5)(b)
does not apply if the corporation has terminated its relationship
with all of the individuals whose actions directly contributed to
the conviction.
(2)
Any license issued to a corporation may be revoked in the manner
and under the procedure established in Wis. Stats. § 125.12,
when more than 50% of the stock interest, legal or beneficial, in
such corporation is held by any person not eligible for a license
under this chapter or under the state law.
G.
Sales tax qualification. All applicants for retail licenses shall
provide proof, as required by Wis. Stats. § 77.61(11), that
they are in good standing for sales tax purposes, i.e., hold a seller's
permit, before they may be issued a license.
The Town Clerk may, upon receipt of each new application, perform
an investigation as he or she deems necessary to determine whether
the application and the premises sought to be licensed comply with
the applicable regulations of the Town of Wescott. The Town Clerk
may, in his or her discretion, recommend that the Town Board either
grant or deny an application for any such license.
A.
No license shall be issued unless the premises conform to the sanitation,
safety and health requirements of the state code, and the regulations
of the state board of health and local board of health applicable
to restaurants.
B.
Consideration for the granting or denial of a license will be based
on the following:
Those applicants timely applying for renewal or submitting an
original application to commence with the new license year, that are
included in group publication notice in June, will not be charged
additional publication fees. Those applications at other times of
year, including renewals applying after the Town has arranged publication,
shall, in addition to the license fee and for any other class of alcohol
license issued by the Town, remit the publication cost to the Town
immediately upon request of the Clerk, prior to publishing.
In the event any applicant for renewal fails to submit payment
for the following license year by June 5, a late fee may be charged.
If a special Town board meeting is required for license approval due
to late renewal application, a further late fee may be assessed, as
more expense to the Town occurs. Dishonored checks may also result
in more Town administrative time and expense, caused by licensee failure.
Late fees may be found in the Town of Wescott's Fee Schedule.
