[HISTORY: Adopted by the City Council of the City of Edgerton 3-1-1993 by Ord. No. 2-93 (§ 19.17 of the 1993 Municipal Code). Amendments noted where applicable.]
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.
ALCOHOL BEVERAGES
Fermented malt beverages and intoxicating liquor.
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.
UNDERAGE PERSON
A person who has not attained the legal drinking age.[1]
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.
[1]
Editor's Note: The former definition of "wholesaler," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
License or permit; when required. No person may sell, manufacture, rectify, brew or engage in any other activity for which this chapter provides a license, permit, or other type of authorization without holding the appropriate license, permit or authorization issued under this chapter. In addition, all applications for any license under this chapter are subject to a background check and records search, including a Wisconsin State Criminal History Check by the Chief of Police or his/her designee.
[Amended by Ord. No. 97-32]
B. 
Licenses or permits issued in violation of chapter. No license or permit may be issued to any person except as provided in this chapter and Ch. 125, Wis. Stats. Any license or permit issued in violation of this chapter and/or Ch. 125, Wis. Stats., is void.
See the end of this chapter for license fees.[1] 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.[2]
[2]
Editor's Note: Former Subsection A(2)(c), regarding restrictions on retail liquor licenses issued to establishments in the the Fulton Street Historic District, and (d), regarding licenses issued as mixed-use retailer licenses, which immediately followed, were repealed 4-1-2024 by Ord. No. 24-04
(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]
[3]
Editor's Note: Former § 4(b)(3), Wholesaler's beer license, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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.
[1]
Editor's Note: Fees for licenses as are set by the City Council, following state statute guidelines, and are on file in City offices.
A. 
Application required. Applications to sell alcohol beverages shall be made in writing on the form prescribed by law and shall be executed and sworn to in accordance with Wisconsin Statutes and filed with the City Clerk as provided by § 125.04, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
License fees for fractional year. "Class A", "Class B", Class "A", Class "B" and "Class C" licenses granted under this chapter may be issued for a fractional part of the license year upon payment of that fractional share of the annual license fee prorated according to the number of months or fraction thereof for which the license is issued. No refund will be paid to holders of existing licenses on cancellation thereof before expiration.
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)[1]]
[1]
Editor's Note: This subsection, regarding noise, was moved from original section 9, Tavern dance hall license and regulations, which followed this section and which is repealed
A. 
Alcohol beverages; restrictions relating to underage persons.
(1) 
Restrictions.
(a) 
No licensee or permittee may procure for, sell, dispense or give away any alcohol beverages to any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.
(b) 
No licensee or permittee may sell, vend, deal or traffic in alcohol beverages to or with any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.
(c) 
No licensee or permittee may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by an underage person on premises owned by the licensee or under the licensee's control.
B. 
Presence in places of sale.
(1) 
Restrictions. The licensee or permittee shall not allow any underage person, not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age, to enter or be on any premises for which a license or permit for the retail sale of alcohol beverages has been issued. This subsection shall not apply to:
(a) 
An underage person who is a resident, employee, lodger or boarder on the premises controlled by the proprietor, licensee or permittee of which the licensed premises consists or is a part.
(b) 
An underage person who enters or is on a "Class A" retail intoxicating liquor premises for the purpose of purchasing edibles or beverages other than alcohol beverages. An underage person so entering the premises may not remain on the premises after the purchase.
(c) 
Hotels, drugstores, grocery stores, bowling alleys, and golf clubhouses.
(d) 
Premises operated under both a Class "B" fermented malt beverage license or "Class B" retail liquor license or permit and a mixed-use retailer permit where the principal business conducted is that of a mixed-use retailer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Defense of sellers. Proof of the following facts by a seller of alcohol beverages to an underage person is a defense to any prosecution for a violation of this section:
(1) 
That the purchaser falsely represented in writing and supported with other documentary proof that he or she had attained the legal drinking age.
(2) 
The appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the legal drinking age.
(3) 
That the sale was made in good faith and in reliance on the written representation and appearance of the purchaser in the belief that the purchaser had attained the legal drinking age.
(4) 
Book kept by licenses and permittee. Every retail alcohol beverage licensee or permittee shall cause a book to be kept for the purposes of this subsection. The licensee or permittee or his or her employee shall require any person who has shown documentary proof that he or she has attained the legal drinking age to sign the book if the person's age is in question. The book shall show the date of the purchase of the alcohol beverages, the identification used in making the purchase, the address of the purchaser and the purchaser's signature.
D. 
Sales of alcohol beverages to intoxicated person.
(1) 
Restrictions.
(a) 
No licensee or permittee may procure for, sell dispense or give away alcohol beverages to a person who is intoxicated.
(b) 
No license or permittee may sell, vend, deal or traffic in alcohol beverages to or with a person who is intoxicated.
E. 
Penalties. Any licensee or permittee violating any provision of this section shall be subject to the penalties as set forth in § 125.07, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Public place. No owner, lessee or person in charge of a public place may permit the sale of alcohol beverages on the premises of the public place unless the person has an appropriate retail license or permit. This section does not apply to municipalities, buildings and parks owned by counties, regularly established athletic fields and stadiums, school buildings, churches, premises in a state fair park or clubs.
B. 
Place-to-place deliveries. No person may peddle any alcohol beverage from house to house where the sale and delivery are made concurrently.
C. 
Possession of alcohol beverages on school grounds prohibited.
(1) 
As used in this section, the following terms shall have the meanings indicated:
MOTOR VEHICLE
A motor vehicle owned, rented or consigned to a school.
SCHOOL
A public, parochial or private school which provides educational program for one or more grades between grades 1 and 12 and which is commonly known as an "elementary school," "middle school," "junior high school," "senior high school" or "high school."
SCHOOL ADMINISTRATOR
The person designated by the governing body of a school as ultimately responsible for the ordinary operators of a school.
SCHOOL PREMISES
Premised owned, rented or under the control of a school.
(2) 
Except as provided by Subsection C(3) below, no person may possess or consume alcohol beverages:
(a) 
On school premises;
(b) 
In a motor vehicle, if a pupil attending the school is in the motor vehicle; or
(c) 
While participating in a school-sponsored activity.
(3) 
Alcohol beverages may be possessed or consumed on school premises, in motor vehicles or by participants in school-sponsored activities if specifically permitted in writing by the school administrator consistent with applicable laws, ordinances and school board policies.
(4) 
A person who violates this section is subject to a forfeiture of not more than $200, except that §§ 938.344 and 125.07(4)(c) and (d), Wis. Stats., provide the penalties applicable to underage persons.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D. 
Required period open for business. Any license duly issued which is not used for 45 consecutive days or a license duly granted and not issued within 45 days shall be subject to review and possible revocation by the common council per §125.12, Wis. Stats. In case of revocation under this division, no refund of the license fee is to be made.
[Added 3-18-2024 by Ord. No. 24-02]
A. 
Premises for which a "Class A" retail liquor license have been issued may sell alcohol beverages during the following hours only: Monday through Sunday, from 6:00 a.m. to 9:00 p.m. Premises for which a Class "A" retail beer license have been issued may sell fermented malt beverages only during the following hours: Monday through Sunday, from 6:00 a.m. to 12:00 a.m. (midnight).
B. 
All premises for which a "Class B" retail liquor license or a Class "B" retailer's beer license or a "Class C" wine license have been issued shall remain closed between the hours of 2:00 a.m. to 6:00 a.m., except on Saturday and Sunday when closing hours shall be between 2:30 a.m. to 6:00 a.m. On January 1, premises operating under a "Class B" license are not required to close.
C. 
"Closing hours" or "closing" is defined as everyone being out of the licensed premises except for the licensee and his regular employees on duty at closing time and all doors locked.
D. 
Hotels and mixed-use retailers whose principal business is the furnishing of food, drinks or lodging to patrons, bowling centers, movie theaters, painting studios, indoor golf and baseball facilities, racetrack grounds, as defined in § 125.27(5)(a), Wis. Stats., indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but may not sell alcohol beverages during the closing hours under § 167-11B.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E. 
Between 12:00 midnight and 6:00 a.m. no person may sell intoxicating liquor on "Class B" licensed premises in an original unopened package, container or bottle or for consumption away from the premises.
F. 
All holders of a Temporary Class "B" beer license or a temporary "Class B" wine license may sell fermented malt beverages or wine only during the hours of 9:00 a.m. to midnight on the days for which said license is granted.
A. 
It shall be unlawful for any person to have in his or her possession any container partially filled with alcohol beverages except when such person is on premises which are duly licensed for the sale of alcohol beverages; or except when any person, or his or her guests, are within said person's own residence, or upon his or her own residence premises and have obtained the legal drinking age. Residence premises includes those driveways, parking areas or lawn areas used exclusively for the residents and guests of the premises involved, but does not include those driveways, parking areas or lawn areas which are available for use by the general public, are available for use by patrons of any business establishment, or are available for the combined use for both residents of the premises involved and patrons of the premises involved and/or general public.
(1) 
Racetrack Park. Racetrack Park shall be exempted from the provisions of this section so that persons may possess fermented malt beverages or intoxicating liquor, provided that said persons have obtained the legal drinking age, the beverage is not in a glass container; and further provided that no person may possess any opened alcohol beverages in Racetrack Park between sunset and 9:00 a.m.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Premises licensed for the sale of alcohol beverages (except premises for which temporary Class "B" beer licenses and temporary "Class B" wine licenses have been issued), are defined as room and rooms on the ground floor of the building which is or are located within the front or street door and the rear door of said license premises and shall exclude any entry way which may be located outside of any front or rear door of said license premises, unless specific areas are otherwise approved by the City Council upon application by the licensee.
C. 
The person holding the license for said premises and any employee or employees shall be responsible for enforcing the provisions of this section and shall be subject to the penalty provided in § 265-2 of this Code if he or she permits any person to carry out of said licensed premises any partially filled container of alcohol beverages.
No alcohol beverages shall be sold on credit.
A. 
Purpose. The purpose of this section is to administratively interpret those provisions of this chapter relating to establishing an alcohol beverage demerit point system to assist in determining if a license holder should be subject to suspension or revocation procedures.
B. 
Point schedule. The scale of demerit points is listed according to the type of alcohol beverage license violation. This demerit point system is used to identify habitually troublesome license holders who have repeatedly violated state statute and this Code for the purpose of recommending suspension or revocation of their alcohol beverage license.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Code Section
Type of Violation
Point Value
§ 167-3
Failure to be licensed
100
§ 167-4
On-premises consumption - Class "A" and "Class A"
50
§ 167-4D
No licensed bartender
50
§ 167-5
False statement on application
50
§ 167-5
Outdoor serving without permit
50
§ 167-6
Transfer of license without permission
50
§ 167-7
Failure to post license
50
§ 167-8A
Failure to permit search of licensed premises
100
§ 167-8 & State Statute
Disorderly, riotous, indecent or improper house
40
§ 167-8C
Gambling
25
§ 167-8D
Improper exhibitions
25
§ 167-8E
Noise disturbing the public
25
§ 167-9
Sale of alcohol to underage person
50
§ 167-9A
Possession of alcohol by underage person
40
§ 167-9B
Underage person on premises
25
§ 167-9D
Sale of alcohol to intoxicated person
50
§ 167-10
Sale or dispensing off-premises
25
§ 167-11
Leaving with open container
25
§ 167-11
Open after hours
50
§ 167-11
After-hours consumption - Class "B" and "Class B"
50
§ 167-11
Carry-out after hours
25
State Statute
Unsanitary licensed premises
25
State Statute
Corporation and agent responsibility violations
25
State Statute
Unlawful quantities in containers
25
Any other violation of the City ordinances or state statute
25 - 100
C. 
Calculating violations. A twelve-month rolling period shall be used in determining the accumulated demerit points against a license holder. The City shall use the date each violation was committed as the basis for the determination.
D. 
Suspension or revocation of license.
(1) 
A licensee is automatically assessed demerit points in accordance with the schedule in this section upon a conviction or adjudication of a violation. The City Council shall call before it for purposes of a revocation or suspension hearing all licensees who have accumulated 100 points in a twelve-month rolling period as a result of court imposed convictions or adjudications or other violations of this chapter. Demerit points that are assessed or any suspension or revocation imposed against one license shall not affect the continued use of any other license held by the licensee. The City Council may also initiate a revocation or suspension hearing of a licensee who is subject to a pending criminal charge, or who has been convicted of any felony, misdemeanor or other offense that the circumstances of which substantially relate to the licensed activity regardless of whether such charge or conviction is included in the demerit point schedule.
(2) 
If the demerit point accumulation calculated from the date of violation meets or exceeds 100 points in a twelve-month rolling period the suspension shall be for not less than three days nor more than 90 days. If the license or permit is revoked, no other license or permit shall be granted to such licensee or for such premises for a period of 12 months from the date of revocation.
(3) 
The procedure to be used for suspension or revocation shall be that found in § 125.12, Wis. Stats.
[Amended by Ord. No. 97-25; Ord. No. 11-09; Ord. No. 14-02; Ord. No. 16-10; Ord. No. 17-10]
[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.