The provisions of Ch.
125, Wis. Stats., effective July 1, 1982, and all amendments thereto, are hereby adopted as a portion of this chapter so far as applicable, except as otherwise provided in this chapter. Any violation of any provision of Ch.
125, Wis. Stats., is hereby designated to be a violation of this chapter. This chapter shall be construed as an enactment of local concern for the purpose of providing a uniform ordinance for the sale, consumption, and possession of alcohol beverages.
Words and phrases used in this chapter shall have the meanings
indicated in this section or as defined in § 125.02, Wis.
Stats.
CLUB
Any organization, whether incorporated or not, which is the
owner, lessee or occupant of a building or portion thereof used exclusively
for club purposes, which operates for a recreational, fraternal, social,
patriotic, political, benevolent or athletic purpose but not for pecuniary
gain and which only sells alcohol beverages incidental to its operation.
FERMENTED MALT BEVERAGES
Any beverage made by the alcohol fermentation of an infusion
in potable water of barley malt and hops, with or without unmalted
grains or decorticated and degerminated grains or sugar, containing
0.5% or more of alcohol by volume.
INTOXICATING LIQUOR
All ardent, spirituous, distilled or vinous liquors, liquids
or compounds, including wine, whether medicated, proprietary, patented
or not, and by whatever name called, containing 0.5% or more of alcohol
by volume, which are beverages, but does not include fermented malt
beverages.
LEGAL DRINKING AGE
Twenty one years of age or such other age as may be established
by Wisconsin Statutes.
MIXED-USE RETAILER
A business in which alcohol sales account for less than 50%
of gross receipts.
PERSON
A natural person, sole proprietorship, partnership, corporation
or association.
PREMISES
The area described in a license or permit.
RESERVE "CLASS B" LIQUOR LICENSES
Those licenses available after the quota system existing
before December 1, 1997. There is an initial issuance fee of $10,000
plus the annual "Class B" liquor license fee associated with the Reserve
license.
RETAILER
Any person who sells, or offers for sale, any alcohol beverages
to any person other than a person holding a permit or a license under
this chapter.
SELL, SOLD, SALE or SELLING
Any transfer of alcohol beverages with consideration, or
any transfer without consideration, if knowingly made for purposes
of evading the law relating to the sale of alcohol beverages, or any
shift, device, scheme or transportation for obtaining alcohol beverages,
including the solicitation of orders for, or the sale for future delivery
of, alcohol beverages.
WINE
Products obtained from the normal alcohol fermentation of
the juice or must of sound, ripe grapes, other fruits or other agricultural
products, imitation wine, compounds sold as wine, vermouth, cider,
perry, mead and sake, if such products contain 0.5% or more of alcohol
by volume.
See the end of this chapter for license fees. The classes of licenses shall be as follows:
A. Intoxicating liquor.
(1) "Class A" retail liquor license.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(a)
A "Class A" retail liquor license when issued by the City Clerk
under authority of the City Council shall permit to the holder the
retail sale of intoxicating liquor for consumption off the premises
where sold and in original packages and containers. "Class A" licenses
shall particularly describe the premises for which issued and are
not transferable, except as provided in § 125.04(12), Wis.
Stats., or by local ordinance in strict conformity therewith.
(b)
Said "Class A" retail liquor licenses shall be limited to six
within the Edgerton City Limits.
(2) "Class B" retail liquor license and reserve "Class B" licenses:
(a)
A "Class B" retail liquor license and reserve "Class B" retail
liquor license (both referred to as "Class B" retail liquor licenses),
when issued by the City Clerk under authority of the City Council,
authorize the sale of intoxicating liquor to be consumed by the glass
on the premises where sold or 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. The "Class B"
license also authorizes the sale of intoxicating liquor in the original
package or container, in any quantity, to be consumed off the premises
where sold. No "Class B" retail liquor license shall be granted to
any person who is not the holder of a Class "B" license for fermented
malt beverages granted by the City Council. "Class B" licenses shall
particularly describe the premises for which issued and are not transferable,
except as provided in § 125.04(12), Wis. Stats., or by local
ordinance in strict conformity therewith.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(b)
As of December 1, 1997, the City of Edgerton's "Class B" retail
liquor license quota was at 10 not including the reserve "Class B"
retail liquor license. No more than one reserve "Class B" retail liquor
license shall be issued for each 500 in population based on the Wisconsin
Department of Administration's numbers used for the purpose of revenue
sharing distribution.
(3) Temporary "Class B" wine license. A temporary "Class B" wine license
may be issued to bona fide clubs and chambers of commerce, to county
or local fair associations or agricultural societies, to churches,
lodges or societies that have been in existence for at least six months
before the date of application and to posts of veterans organizations
authorizing the sale of wine containing not more than 6% alcohol by
volume in an original package, container or bottle or by the glass
if the wine is dispensed 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B. Fermented malt beverages.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1) Class "A" retailer's beer license. A Class "A" retailer's beer license
for fermented malt beverages, when issued by the City Clerk under
authority of the City Council, shall permit to the holder the retail
sales of fermented malt beverages for consumption off the premises
where sold and in original packages, containers and bottles. Class
"A" licenses shall particularly describe the premises for which issued
and are not transferable except as provided in § 125.04(12),
Wis. Stats., or by local ordinance in strict conformity therewith.
(2) Class "B" retailer's beer license. A Class "B" retailer's beer license
for fermented malt beverages, when issued by the appropriate City
Clerk under the authority of the City Council, shall permit to its
holder the retail sales of fermented malt beverages to be consumed
either on the premises where sold or off the premises. Class "B" licenses
shall particularly describe the premises for which issued and are
not transferable except as provided in § 125.04(12), Wis.
Stats., or by local ordinance in strict conformity therewith.
(3) Temporary Class "B" beer license. A temporary Class "B" beer license
may be issued to bona fide clubs bona fide clubs and chambers of commerce,
to county or local fair associations or agricultural societies, 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. The license shall
be granted under such conditions as may be imposed by the City Council.
C. "Class C" wine licensees may sell wine by the glass or in one opened
original container for consumption on the premises where sold. The
open container may be taken for consumption off the premises only
if in compliance with § 125.51(3r), Wis. Stats. The licensee
or licensed operator must be on the premises at all times. Any holder
of a "Class C" license shall abide by the same closing hours as provided
to those holders of Class "B" licenses. "Class C" wine licenses may
be granted to an applicant only if: 1) the applicant meets the qualifications
set out in § 125.04(5), Wis. Stats., for other retail licensees;
2) the license is for a restaurant [see § 125.02(18), Wis.
Stats.] in which the sale of alcohol beverages accounts for less than
50% of gross receipts; and 3) wine is the only intoxicating liquor
sold in the barroom. § 125.51(3m), Wis. Stats.
[Amended 7-17-2023 by Ord. No. 23-10; 4-1-2024 by Ord. No. 24-04]
D. Operator's license.
[Amended 9-8-2020 by Ord.
No. 20-08]
(1) When required. No premises operated under a Class "A", Class "B",
"Class A", "Class B", or "Class C" license may be open for business
unless there is upon the premises the licensee, the agent named in
the license if the licensee is a corporation, or some person who has
an operator's license and who is responsible for all persons serving
any fermented malt beverages, intoxicating liquor or wine to customers.
For the purposes of this subsection, any member of the licensee's
immediate family who is at least 18 years of age, who is related to
and resides in the common household of the licensee, shall be considered
the holder of an operator's license. No person, including an underage
member of the licensee's immediate family, other than the licensee
or agent, may serve or sell fermented malt beverages, alcohol beverages
or wine in any place operating under the licenses listed herein 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 or agent or
a person holding an operator's license, who was on the premises at
the time of the service.
(2) Types of operator's licenses.
(a)
Regular operator's license: new and renewal. A regular operator's
license is one that is issued for a twelve-month period or a fraction
thereof for the first year. A regular operator's license may be renewed
on an annual basis if the applicant meets the standards listed below
or is approved by the City Council.
(b)
Provisional operator's license. The City Clerk shall issue a
provisional operator's license to any person who:
[1]
Has filed a lawful application for a regular operator's license
with the City Clerk in the manner required by this chapter and has
paid the fee required therefor; and
[2]
At the time of such regular operator's license application,
also applied for a provisional operator's license and paid the required
fees; and
[3]
Indicates on the application form that he or she has never held
a regular operator's license in the City of Edgerton; and
[4]
Indicates on the application that a provisional operator's license
has not been denied or revoked by the City; and
[5]
Shall be enrolled in a responsible beverage server training course which is completed during the term of the provisional operator's license unless any of the exceptions under Subsection
D(1) above apply; and
[6]
Provisional operator's license shall be issued in the same manner
as all other operator's licenses; and
[7]
A provisional operator's license is valid for a period not to
exceed 60 days from the date of issuance by the City Clerk or until
a regular operator's license is issued to the applicant.
(c)
Temporary operator's license. The City Clerk and/or City Council
may grant a temporary operator's license under the terms and conditions
as all other operator's license except that:
[1]
This license may be issued only to operators employed by, or
donating their services to, nonprofit corporations.
[2]
No person may hold more than two licenses of this kind per year.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[3]
The license is valid for any period from one to 14 days, and
the period for which it is valid shall be stated on the license.
(3) Application.
(a)
An operator's license may be issued by the City Clerk upon completion of a written application; upon payment of the proper initial fee or any renewal fee; and with a positive recommendation from the Chief of Police or the Chief's designee using the standards outlined in §
167-4D(4). Applications which are not recommended for approval by the Police Department, or which the City Clerk determines merit review by the City Council (review determination), shall be forwarded to the Finance Committee for a recommendation of approval or denial to the City Council. Applications for operator's licenses may be denied only by action of the City Council. The City Clerk shall provide a copy of the review determination to the applicant within 10 days of the determination.
(b)
Applications submitted to the Finance Committee shall include
a written notice to the applicant stating that the applicant has the
right to appear at the Finance Committee meeting or provide a written
statement responding to the issues raised in the review determination
before the Finance Committee meeting for individual review of the
application. The notification to the applicant shall state that failure
to appear or provide a written statement before the Committee meeting
may result in denial of the application. The review of any such application
may be held in suspension for up to 60 days after the review determination
to allow for the applicant to appear or respond.
(c)
Incomplete applications or those which contain false or misleading
information shall be given a negative recommendation by the Police
Chief. Unless the Committee finds strong mitigating circumstance,
they will make a negative recommendation to the Council. If an applicant
is denied by the Council because of providing false or misleading
information on the application, such applicant must wait at least
six months before submitting another application unless the City Council
overrides the denial and grants the operator's license to the applicant.
(4) Standards for evaluating operator's license applications. The following
standards shall govern the City Clerk and Police Chief in considering
applications for operator's licenses including regular, renewal, provisional
and temporary operator's licenses. If an applicant's review determination
finds any of the standards apply, the applicant will be given the
right to appear in person or respond in writing at the next Finance
Committee meeting. In addition, the Finance Committee and/or Council
may use these guidelines in making their determination.
(a)
Any alcohol-related conviction within the last 12 months.
(b)
More than one alcohol-related convictions as long as the most
current conviction is within the last 24 months.
(c)
Any drug related convictions within the last 12 months.
(d)
Any conviction within the last 12 months which involve resisting
arrest, battery to a police officer or obstructing justice.
(e)
At least two convictions in the last 24 months for disorderly
behavior type offenses if they occurred in conjunction with activity
at a licensed alcohol establishment.
(f)
Any felony conviction within five years that substantially relate
to the purpose of the license.
(g)
Any pending criminal charges which relate to an alcohol matter
or an exempt offense under Wis. Stats., § 111.335(1m)(b),
that involve a violent crime against a child.
(h)
Any incomplete, misleading or falsified application when the
incomplete, misleading or falsified information provided by the applicant
pertains to either the identification of the applicant or to any matter
prior to the date of application.
(i)
Any outstanding fines, forfeitures, penalties, assessments and/or
user fees owed to the City unless the applicant is appealing said
fines, forfeitures, penalties, assessments or fees.
(5) If the Council denies, suspends or nonrenews a license due to a conviction
record other than for an exempt offense, the Council shall allow the
applicant an opportunity to demonstrate evidence of rehabilitation
and fitness as provided by § 111.335(4)(d), Wis. Stats.
(6) Renewal application. All renewal applications shall be submitted
on or before May 1 of the year the license is sought to be renewed
to be considered without a lapse of coverage.
(7) Operator training. No operator's license shall be issued unless the
applicant has successfully completed a responsible beverage server
training course approved by the State of Wisconsin Department of Revenue
or unless the applicant fulfills one of the following requirements:
(a)
The person is renewing an operator's license;
(b)
Within the two years immediately preceding the application the
person held a Class "A", Class "B", "Class A" or "Class B" license
or permit or operator's' license;
(c)
Within the past two years, the person has completed such a training
course.
(8) Terms and conditions of license. For those applications being considered
by the City Council, the City Council may grant and direct the City
Clerk to issue an operator's license only upon the affirmative vote
of the majority of the Council present. Any license granted by the
Council shall be valid for the period commencing upon issuance of
said license and expiring on the following June 30.
E. Provisional operator's license.
(1) The City Clerk shall issue a provisional operator's license to any
person who:
(a)
Has filed a lawful application for a regular operator's license
with the City Clerk in the manner required by this chapter and has
paid the fee required therefore; and
(b)
At the time of such regular operator's license application,
checks the box on the application form indicating that he or she requests
a provisional operator's license; and
(c)
At the time of such regular operator's license application,
indicates on the application form that he or she has never had a regular
or provisional operator's license denied or revoked by the City; and
(d)
At the time of such regular operator's license application,
pays to the City Clerk the fee required by this chapter for a provisional
operator's license; and
(e)
Shall be enrolled in a responsible beverage server training course which is completed during the term of the provisional operator's license unless any of the exceptions under §
167-4D(4) above apply; and
(f)
Has his or her application approved by the Chief of Police or
his/her designee. No provisional operator's license shall be issued
by the City Clerk prior to approval of the applicant by the Chief
of Police or his or her designee, unless said application is reviewed
by the Finance Committee and said Committee grants the license notwithstanding
the absence of approval by the Chief of Police or his or her designee.
(2) A provisional operator's license shall not be issued to any person
whose regular or provisional operator's license has ever previously
been denied or revoked by the City. A provisional operator's license
shall be immediately void and of no force or effect if issued to any
person whose regular or provisional operator's license has ever previously
been denied or revoked by the City. Misuse of such provisional operator's
license by an applicant shall constitute operation without a license
and a violation of this chapter.
(3) In addition to all other requirements under this chapter for the
issuance of a provisional license, the City Clerk shall not issue
a provisional license if the application for provisional license indicates
any of the following:
(a)
Any alcohol-related conviction or pending charges within the
last 12 months.
(b)
A history of alcohol-related convictions as long as the most
current conviction or arrest is within the last 24 months.
(c)
Any drug-related convictions or pending charges within the last
12 months.
(d)
Any conviction or pending charges within the last 12 months
which involve resisting arrest, battery to a police officer or obstructing
justice.
(e)
At least two convictions or pending charges in the last 24 months
for disorderly behavior type offenses if they occurred in conjunction
with activity at a licensed alcohol establishment.
(f)
Any felony conviction within five years.
(g)
Any incomplete, misleading or falsified application when the
incomplete, misleading or falsified information provided by the applicant
pertains to either the identification or the applicant or to any matter
occurring within five years prior to the date of application.
(h)
Any outstanding fines, forfeitures, penalties, assessments and/or
user fees owed to the City.
(4) If the application indicates any of the above items [Subsection
E(3)(a) through
(h)], then the City Clerk shall refer the application to the Finance Committee for consideration at its next meeting. The Finance Committee shall notify the applicant of his or her right to appear either in person or to respond in writing to the Finance Committee when it considers the application. Failure to appear in person or to respond in writing will result in a negative recommendation. The Committee shall, after consideration of the application, make recommendation to the Council to either grant or deny the provisional operator's license.
(5) A provisional operator's license is valid for a period not to exceed
60 days from the date of issuance by the City Clerk or until a regular
operator's license is issued to the applicant by the City Council,
whichever occurs first.
(6) A provisional operator's license is not transferable from person
to person.
(7) The City Clerk may revoke any provisional license in the event that
the City Clerk finds that the holder of such license made any false,
misleading or incomplete statement on his/her application, or that
the applicant has previously had his or her regular or provisional
license denied or revoked by the City.
(8) The City Clerk shall revoke a provisional operator's license in the
event that the applicant fails to successfully complete the responsible
alcohol beverage server training course in which he or she is enrolled.
F. Temporary operator's license. The City Clerk and/or City Council may grant a temporary operator's license under the terms and conditions as outlined in §
167-4D(4), except that:
(1) This license may be issued only to operators employed by, or donating
their services to, nonprofit corporations.
(2) No person may hold more than one license of this kind per year.
(3) The license is valid for any period from one to 14 days, and the
period for which it is valid shall be stated on the license.
No license shall be transferable either as to license or location,
except as provided by Wisconsin Statutes, except that the City Council
may authorize a transfer of location if the licensed premises shall
become unsuitable for occupancy.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. All licenses and permits issued pursuant to this chapter shall be
enclosed in a frame having a transparent front which allows the license
or permit to be clearly read. In addition, all permits and licenses
shall be conspicuously displayed for public inspection at all times
in the room or place where the activity subject to permit or license
is carried on. It shall be unlawful for any person to post such license
or permit or allow it to be posted upon premises other than those
mentioned in the application, or knowingly to deface or destroy such
license or permit, or to remove such without the consent of the licensee
or permit holder. Whenever a license or permit shall be lost or destroyed
without fault on the part of the holder or his agent or employees,
a duplicate in lieu thereof under the original application shall be
issued by the City Clerk upon payment of the appropriate fee.
B. Any person who holds an operator's license and bartends at more than
one establishment may request that the City Clerk issue duplicate
copies of the original license so that the original or a duplicate
copy shall be kept at each place of employment.
All Class "A" and Class "B" fermented malt beverage license,
all "Class A" and "Class B" intoxicating liquor licenses and all "Class
C" wine licenses granted hereunder shall be granted subject to the
following conditions and all other conditions of this section and
subject to all ordinances, state statutes and regulations of the City
applicable thereto.
A. Consent to inspection by police. Every applicant procuring a license
thereby consents to the entry of police, sanitary inspectors or other
duly authorized representatives of the City 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 City 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. Disorderly conduct prohibited. 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, and
no intoxicated person shall be served alcohol beverages.
C. Gambling prohibited. Pursuant to Ch. 945, Wis. Stats., no bets, gambling,
lotteries, gambling places or bookmaking shall be permitted in any
form except as permitted by Wisconsin Statutes. In addition, no premises
shall be used as a gambling place or shall permit a gambling machine
to be set up for the use or gambling in any premises. Any violation
of Ch. 945, Wis. Stats., including, but not limited to § 945.041,
Wis. Stats., shall be cause for immediate revocation of any license
or permit issued under this section.
D. Improper exhibitions.
(1) It shall be unlawful for any person to perform, or for any licensee
or manager or agent of the licensee to permit any employee, entertainer,
patron, or other person to engage in, any live act, demonstration,
dance or exhibition on the licensed premises which:
(a)
Expose his or her genitals, pubic hair, buttocks, perineum,
anal region or pubic hair region; or
(b)
Expose any device, costume or covering which gives the appearance
of or simulates genitals, pubic hair, buttocks, perineum, anal region
or pubic hair region; or
(c)
Exposes any portion of the female breast at or below the areola
thereof; or
(d)
To engage in or simulate sexual intercourse and/or any sexual
contact, including the touching of any portion of the female breast
or the male and or female genitals, either above or under clothing.
(2) Any person, firm or corporation who violates any of the provisions of this chapter shall be subject to a penalty as prescribed in §
167-15 in addition to liquor license suspension, revocation, and/or nonrenewal as provided by the City Code. A separate offense shall be deemed committed on each day on which a violation occurs or continues.
E. Noise in excess of 55 decibels at 25 feet from licensed premises prohibited. It shall be unlawful for any licensed tavern dance hall to make, continue or cause to be made or continued any excessive, unnecessary or unusually loud music or noise which may annoy, disturb, injure or endanger the comfort, repose, health or safety of others within the limits of this City. Noise or music from any dance band, electric phonograph or jukebox playing or located on any licensed premises in excess of a sound level of 55 decibels at a distance of 25 feet from any licensed premises as measured by General Radio Sound-Level Meter Type 21565B, its equivalent or any similar device for measuring sound is prohibited. See also §
450-33 for land use noise regulations, and §
450-33E(25)(d)[9] for noise regulations related to outdoor beer gardens.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
No alcohol beverages shall be sold on credit.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Any person violating any of the provisions of this chapter shall
forfeit not less than $25 nor more than $500, together with the costs
of prosecution, and corresponding penalty assessments and court costs,
other appropriate costs as established by statute or ordinance and,
in default of payment of such forfeiture and costs, may be imprisoned
in the Rock County Jail until such forfeiture and costs have been
paid, not to exceed 30 days, and may have their license to operate
a motor vehicle in the State of Wisconsin suspended for a period of
time up to five years or until such forfeiture is paid.