[HISTORY: Adopted by the Village Board of the Village of
Sullivan as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-22-2006 (Title
7, Ch. 2, of the 2006 Code of Ordinances)]
The provisions of Chapter 125, Wis. Stats., relating to the
sale of intoxicating liquor and fermented malt beverages, except provisions
therein relating to penalties to be imposed, are hereby adopted by
reference and made a part of this article as if fully set forth herein.
Any act required to be performed or prohibited by any statute incorporated
herein by reference is required or prohibited by this article. Any
future amendment, revisions or modifications of the statutes incorporated
herein are intended to be made a part of this article in order to
secure uniform statewide regulation of alcoholic beverage control.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
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," "wholesalers," and "operators" shall have
the meanings given them by Chapter 125, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
No person, firm or corporation shall vend, sell, deal or traffic
in or have in his/her 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
whatever, or cause the same to be done, without having procured a
license as provided in this article nor without complying with all
the provisions of this article, and all statutes and regulations applicable
thereto, except as provided by §§ 125.26, 125.27, 125.28
and 125.51, Wis. Stats.
A.
Retail "Class A" intoxicating liquor license. A retail "Class A"
intoxicating liquor license, when issued by the Village Clerk-Treasurer
under the authority of the Village Board, shall permit its holder
to sell, deal and traffic in intoxicating liquors only in original
packages or containers and to be consumed off the premises so licensed.
B.
Retail "Class B" intoxicating liquor license. A retail "Class B"
intoxicating liquor license, when issued by the Village Clerk-Treasurer
under authority of the Village Board, shall permit its holder to sell,
deal and traffic in intoxicating liquors to be consumed by the glass
only on the premises so licensed and in the original package or container
in multiples not to exceed four liters at any one time, to be consumed
off the premises, except that wine may be sold in the original package
or otherwise in any other quantity to be consumed off the premises.
C.
Reserve "Class B" licenses. A Reserve "Class B" license means a license
that is not granted or issued by the Village on December 1, 1997,
and that is counted under § 125.51(4)(br), Wis. Stats.,
which, if granted or issued, authorizes the sale of intoxicating liquor
to be consumed by the glass only on the premises where sold, and also
authorizes the sale of intoxicating liquor in the original package
or container in multiples not to exceed four liters at any one time,
to be consumed off premises, except that wine may be sold in the original
package or otherwise in any other quantity to be consumed off the
premises.
D.
Class "A" fermented malt beverage retailer's license. A Class "A"
retailer's fermented malt beverage license, when issued by the Village
Clerk-Treasurer under the authority of the Village Board, shall entitle
the holder thereof to possess, sell or offer for sale fermented malt
beverages only for consumption away from the premises where sold and
in the original packages, containers or bottles. Such license may
be issued after July 1. The license shall expire on the following
June 30.
E.
Class "B" fermented malt beverage retailer's license.
(1)
License. A Class "B" fermented malt beverage retailer's license,
when issued by the Village Clerk-Treasurer under the authority of
the Village Board, shall entitle the holder thereof to possess, sell
or offer for sale, fermented malt beverages, either to be consumed
upon the premises where sold or away from such premises. The holder
may also sell beverages containing less than 1/2 of a percent of alcohol
by volume, without obtaining a special license to sell such beverages.
Such license may be issued after July 1. The license shall expire
on the following June 30.
(2)
Application. Class "B" licenses may be issued to any person qualified
under § 125.04(5), Wis. Stats. Such licenses may not be
issued to any person acting as agent for or in the employ of another
except that this restriction does not apply to a hotel or restaurant
which is not a part of or located on the premises of any mercantile
establishment, or to a bona fide club, society or lodge that has been
in existence for at least six months before the date of application.
A Class "B" license for a hotel, restaurant, club, society or lodge
may be issued in the name of an officer who shall be personally responsible
for compliance with this article. Except as provided in § 125.31,
Wis. Stats.,[1] Class "B" licenses may not be issued to brewers or fermented
malt beverages wholesalers.
[1]
Editor's Note: Section 125.31, Wis. Stats., was repealed by
2011 Act 32; see now § 125.26(2)(b), Wis. Stats.
F.
Temporary Class "B" fermented malt beverage license.
(1)
License. As provided in § 125.26(1) and (6), Wis. Stats.,
temporary Class "B" fermented malt beverage licenses may be issued
to bona fide clubs, 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 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. A license issued to a county or district fair
licenses the entire fairgrounds where the fair is being conducted
and all persons engaging in retail sales of fermented malt beverages
from leased stands on the fairgrounds. The county or district fair
to which the license is issued may lease stands on the fairgrounds
to persons who may engage in retail sales of fermented malt beverages
from the stands while the fair is being held. Such license is valid
for dates as approved by the Village Board.
(2)
Application. Application for such license shall be signed by the
President or corresponding officer of the society or association making
such application and shall be filed with the Village Clerk-Treasurer
together with the appropriate license fee for each day for which the
license is sought. Any person fronting for any group other than the
one applied for shall, upon conviction thereof, be subject to a forfeiture
of $1,000 and will be ineligible to apply for a temporary Class "B"
license for one year. The license shall specify the hours and dates
of license validity. The application shall be filed a minimum of 15
days prior to the meeting of the Village Board at which the application
will be considered for events of more than three consecutive days.
If the application is for a license to be used in a Village park,
the applicant shall specify the main point of sale facility.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
G.
Temporary "Class B" wine license.
(1)
License. Notwithstanding § 125.68(3), Wis. Stats., temporary
"Class B" licenses may be issued to bona fide clubs, 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 in an original package, container or bottle or by
the glass if the wine is dispensed directly 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. No fee may be charged to a person who, at
the same time, applies for a temporary Class "B" beer license under
§ 125.26(6), Wis. Stats., or the same event. A license issued
to a county or district fair licenses the entire fairgrounds where
the fair is being conducted and all persons engaging in retail sales
of wine from leased stands on the fairgrounds. The county or district
fair to which the license is issued may lease stands on the fairgrounds
to persons who may engage in retail sales of wine from the stands
while the fair is being held. Not more that two such licenses may
be issued under this subsection to any club, county or local fair
association, agricultural association, church, lodge, society or veteran's
post in any twelve-month period.
(2)
Application. Application for such license shall be signed by the
president or corresponding officer of the society or association making
such application and shall be filed with the Village Clerk-Treasurer
together with the appropriate license fee for each day for which the
license is sought. Any person fronting for any group other than the
one applied for shall, upon conviction thereof, be subject to a forfeiture
of $200 and will be ineligible to apply for a temporary "Class B"
wine license for one year. The license shall specify the hours and
dates of license validity. The application shall be filed a minimum
of 15 days prior to the meeting of the Village Board at which the
application will be considered for events of more than three consecutive
days. If the application is for a license to be used in a Village
park, the applicant shall specify the main point of sale facility.
H.
Wholesaler's license. A wholesaler's fermented malt beverage license,
when issued by the Village Clerk-Treasurer under authority of the
Village Board, shall entitle the holder thereof to possess, sell or
offer for sale fermented malt beverages only in original packages
or containers to dealers, not to be consumed in or about the premises
of said wholesaler.
I.
Retail "Class C" licenses.
(1)
In this subsection "barroom" means a room that is primarily used
for the sale or consumption of alcoholic beverages.
(2)
A "Class C" license authorizes the retail sale of wine by the glass
or in an opened original container for consumption on the premises
where sold.
(3)
A "Class C" license may be issued to a person qualified under § 125.04(5),
Wis. Stats., for a restaurant in which the sale of alcoholic beverages
accounts for less than 50% of gross receipts and which does not have
a barroom if the municipality's quota prohibits the municipality from
issuing a "Class B" license to that person. A "Class C" license may
not be issued to a foreign corporation or a person acting as agent
for or in the employ of another.
(4)
A "Class C" license shall particularly describe the premises for
which it is issued.
All license fees shall be due on or before June 30 in the year of renewal or in the event of a transfer during the license year within five days of the Village Board granting of such transfer. Non-payment of license fees within the required time shall be grounds for revocation. There shall be the following classes of licenses which, when issued by the Village Clerk-Treasurer under the authority of the Village Board after payment of the license fee and publication costs hereinafter specified, shall permit the holder to sell, deal or traffic in intoxicating liquors or fermented malt beverages as provided in § 138-4 of this Code of Ordinances and Chapter 125, Wis. Stats.:
A.
Class "A" fermented malt beverages retailer's license. The annual
fee for this license shall be as prescribed in the current Village
Fee Schedule.[1] The fee for a license for less than 12 months shall be
prorated according to the number of months or fraction thereof for
which the license is issued.
B.
Class "B" fermented malt beverage license. The annual fee for this
license shall be as prescribed in the current Village Fee Schedule.[2] This license may be issued at any time for six months
in any calendar year, for which 50% of the applicable license fee
shall be paid, but such license shall not be renewable during the
calendar year in which issued. The fee for a license for less than
12 months shall be prorated according to the number of months or fraction
thereof for which the license is issued.
D.
Temporary "Class B" wine license. The fee for this license shall
be as prescribed in the current Village Fee Schedule[4] per event. However, there shall be no fee if the temporary
wine license is obtained along with a temporary fermented malt beverage
license.
G.
"Class B" intoxicating liquor retailer's license. The annual fee
for this license shall be as prescribed in the current Village Fee
Schedule.[7] This license may be issued at any time for six months
in any calendar year, for which 50% of the applicable license fee
shall be paid, but such license shall not be renewable during the
calendar year in which issued.
H.
Reserve "Class B" intoxicating liquor license. The fee for an initial
issuance of a Reserve "Class B" license shall be as prescribed in
the current Village Fee Schedule,[8] except that the fee for the initial issuance of a Reserve "Class B" license to a bona fide club or lodge situated and incorporated in the state for at least six years is the fee established in § 138-5G for such a club or lodge. The annual fee for renewal of a Reserve "Class B" license is the fee established in § 138-5G.
I.
"Class B" license for full-service restaurants and hotels. The initial
annual fee for a "Class B" license for a full-service restaurant that
has a seating capacity of 300 or more persons, or a hotel that has
100 or more rooms of sleeping accommodations and that has either an
attached restaurant with a seating capacity of 150 or more persons
or a banquet room which will accommodate 400 or more persons, is as
prescribed in the current Village Fee Schedule.[9] Thereafter, the annual renewal fee is as prescribed in
the current Village Fee Schedule.
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
sworn to by the applicant as provided by §§ 887.01
to 887.03, Wis. Stats., and shall be filed with the Village 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
Corporations. Such application shall be filed and sworn to by the
applicant if an individual, by the president and secretary, of a corporation.
C.
Publication. The Village Clerk-Treasurer shall publish each application
for a Class "A," Class "B," "Class A," "Class B," or "Class C" license.
There is no publication requirement for temporary Class "B" picnic
beer licenses under § 125.26, Wis. Stats., or temporary
"Class B" picnic wine licenses under § 125.51(10), Wis.
Stats. The application shall be published once in the official Village
newspaper, and the costs of publication shall be paid by the applicant
at the time the application is filed, as determined under § 985.08,
Wis. Stats.
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.
Quota. License quotas shall be as established in Ch. 125, Wis. Stats.
A.
Residence requirements. A retail Class "A" or Class "B" fermented
malt beverage or "Class A" or "Class B" intoxicating liquor 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 the application.
B.
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.
C.
Right to premises.
(1)
No applicant will be considered unless he/she has the right to possession
of the premises described in the application for the license period,
by lease or by deed.
(2)
Any person applying for a Class "B" intoxicating liquor license shall
have a premises at the time application is made or within the license
year. In the event a building permit for construction or remodeling
has been issued and substantial progress is being made on such construction
or remodeling, the licensee shall be considered to meet the requirement
of having a premises. In the event such licensee does not so obtain
a premises, such license shall be subject to revocation or nonrenewal.
D.
Age of applicant. Licenses related to alcoholic beverages shall only
be granted to persons who have attained the legal drinking age, except
for an operator's license, which may be granted to persons who have
attained the age of 18.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
E.
Corporate restrictions.
(1)
No license or permit may be issued to any corporation unless the
corporation meets the qualifications under § 125.04(a)1
and 4 and (b), Wis. Stats., unless the agent of the corporation appointed
under § 125.04(6) and the officers and directors of the
corporation meet the qualifications of § 125.04(a)1 and
3 and (b) and unless the agent of the corporation appointed under
§ 125.04(6) meets the qualification under § 125.04(a)2.
The requirement that the corporation meet the qualifications under
§ 125.04(a)1 and (b) does not apply if the corporation has
terminated its relationship with all of the individuals whose actions
directly contributed to the conviction.
(2)
Each corporate applicant shall file with its application for such
license a statement by its officers 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 Village Clerk-Treasurer a
statement of transfers of stock within 48 hours after such transfer
of stock.
(3)
Any license issued to a corporation may be revoked in the manner
and under the procedure established in § 125.12, Wis. Stats.,
when more than 50% of the stock interest, legal or beneficial, in
such corporation is held by any person or persons not eligible for
a license under this article or under the state law.
F.
Sales tax qualification. All applicants for retail licenses shall
provide proof, as required by § 77.61(11), Wis. Stats.,
that they are in good standing for sales tax purposes (i.e., hold
a seller's permit) before they may be issued a license.
G.
Connecting premises. Except in the case of hotels, no person may
hold both a "Class A" license and either a "Class B" license or permit,
a Class "B" license or permit, or a "Class C" license for the same
premises or for connecting premises. Except for hotels, if either
type of license or permit is issued for the same or connecting premises
already covered by the other type of license or permit, the license
or permit last issued is void. If both licenses or permits are issued
simultaneously, both are void.
H.
Limitations on other business; Class "B" premises. No Class "B" license
or permit may be granted for any premises where any other business
is conducted in connection with the premises, except that this restriction
does not apply if the premises for which the Class "B" license or
permit is issued is connected to premises where other business is
conducted by a secondary doorway that serves as a safety exit and
is not the primary entrance to the Class "B" premises. No other business
may be conducted on premises operating under a Class "B" license or
permit. These restrictions do not apply to any of the following:
(1)
A hotel.
(2)
A restaurant, whether or not it is a part of or located in any mercantile
establishment.
(3)
A combination grocery store and tavern.
(4)
A combination sporting goods store and tavern in towns, villages
and fourth-class cities.
(5)
A combination novelty store and tavern.
(6)
A bowling alley or recreation premises.
(7)
A club, society or lodge that has been in existence for six months
or more prior to the date of filing application for the Class "B"
license or permit.
The Village Clerk-Treasurer shall notify the Fire Inspector,
Building Inspector and, as appropriate, pertinent law enforcement
agencies 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, including those
governing sanitation in restaurants, and whether the applicant is
a proper recipient of a license. These officials shall furnish to
the Village Clerk-Treasurer in writing, who shall forward to the Village
Board, the information derived from such investigation, accompanied
by a recommendation as to whether a license should be granted or refused.
No license shall be renewed without a reinspection of the premises
and report as originally required.
A.
[1]No license shall be issued unless the premises conform
to the sanitary, safety and health requirements of the State Building
Code, and the regulations of the State 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 and must conform to all ordinances of the Village.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
Consideration for the granting or denial of a license will be based
on:
(1)
Arrest and conviction record of the applicant, subject to the limitations
imposed by §§ 111.321, 111.322, and 111.335, Wis. Stats.;
(2)
The financial responsibility of the applicant;
(3)
The appropriateness of the location and the premises where the licensed
business is to be conducted; and
(4)
Generally, the applicant's fitness for the trust to be reposed.
C.
An application may be denied based upon the applicant's arrest and
conviction record if the applicant has been convicted of a felony
(unless duly pardoned) or if the applicant has habitually been a law
offender. 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 which are substantially related to the licensed
activity within the five years immediately preceding the license application.
Because a license is a privilege, the issuance of which is a right
granted solely to the Village Board, the Village Board reserves the
right to consider the severity, and facts and circumstances of the
offense when making the determination to grant, deny or not renew
a license. Further, the Board, at its discretion, may, based upon
an arrest or conviction record of two or more offenses which are substantially
related to the licensed activity within the five years immediately
preceding, act to suspend such license for a period of one year or
more.
A.
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 Village Board, the Village Clerk-Treasurer
shall issue to the applicant a license, upon payment by the applicant
of the license fee to the Village.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
If the Village 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 Village Board and to provide evidence
as to why the denial should be reversed. In addition, the notice shall
inform the applicant that the reconsideration of the application shall
be held in closed session, pursuant to § 19.85(1)(b), Wis.
Stats., unless the applicant requests such reconsideration be held
in open session and the Village Board consents to the request. Such
written notice shall be mailed or served upon the applicant at least
10 days prior to the Village Board meeting at which the application
is to be reconsidered.
A.
In accordance with the provisions of § 125.04(12), Wis.
Stats., a license shall be transferable from one premises to another
if such transfer is first approved by the Village Board. An application
for transfer shall be made on a form furnished by the Village Clerk-Treasurer.
Proceedings for such transfer shall be had in the same form and manner
as the original application. The fee for such transfer is $10. Whenever
a license is transferred, the Village Clerk-Treasurer shall forthwith
notify the Wisconsin Department of Revenue of such transfer. In the
event of the sale of a business or business premises of the licensee,
the purchaser of such business or business premises must apply to
the Village for reissuance of said license and the Village, as the
licensing authority, shall in no way be bound to reissue said license
to said subsequent purchaser.
B.
Whenever the agent of a corporate holder of a license is for any
reason replaced, the licensee shall give the Village Clerk-Treasurer
written notice of said replacement, the reasons therefor and the new
appointment. Until the next regular meeting or special meeting of
the Village 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 Village Clerk-Treasurer of notice of disapproval of the successor
agent by the Wisconsin Department of Revenue or other law enforcement
officers of the municipality in which the license was issued. The
corporation's license shall not be in force after receipt of such
notice or after a regular or special meeting of the Village Board
until the successor agent or another qualified agent is appointed
and approved by the Village.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
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.
A.
Every person licensed in accordance with the provisions of this article
shall immediately post such license and keep the same posted while
in force in a conspicuous place in the room or place where said beverages
are drawn or removed for service or sale.
B.
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.
All retail Class "A," Class "B," "Class A," "Class B" and "Class
C" 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 Village applicable
thereto.
A.
Consent to entry. Every applicant procuring a license thereby consents
to the entry of law enforcement authorities or duly authorized representatives
of the Village 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 Village 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.
Employment of minors. No retail "Class B" or Class "B" licenses shall
employ any underage person, as defined in the Wisconsin Statutes,
but this shall not apply to hotels and restaurants. Family members
may work on the licensed premises but are not permitted to sell or
dispense alcoholic beverages, except as otherwise authorized by §§ 125.32
and 125.68, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
C.
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.
D.
Licensed operator on premises. There shall be upon premises, and
in visual control of such premises, operated under a "Class B," Class
"B," or "Class C" license, at all times, the licensee, members of
the licensee's immediate family who have attained the legal drinking
age, and/or some person who shall have an operator's license and who
shall be responsible for the acts of all persons serving as waiters,
or in any other manner, any fermented malt beverages to customers.
No person other than the licensee shall serve fermented malt beverages
in any place operated under a "Class B," Class "B," or "Class C" license
unless he/she possesses an operator's license, or there is a person
with an operator's license upon said premises at the time of such
service.
E.
Health and sanitation regulations. The rules and regulations of the
State Department of Agriculture, Trade and Consumer Protection governing
sanitation in restaurants shall apply to all "Class B" liquor or "Class
C" licenses issued under this article. No "Class B" or "Class C" license
shall be issued unless the premises to be licensed conform to such
rules and regulations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
F.
Restrictions near schools and churches. No retail Class "A," Class
"B," "Class A" or "Class B" license shall be issued for premises,
the main entrance of which is less than 300 feet from the main entrance
of any established public school, parochial school, hospital or church.
Such distance shall be measured by the shortest route along the highway
from the closest point of the main entrance of such school, church
or hospital to the main entrance to such premises. This Subsection
shall not apply to premises licensed as such on June 30, 1947, nor
shall it apply to any premises licensed as such prior to the occupation
of real property within 300 feet thereof by any school building, hospital
building or church building.
G.
Clubs. No club shall sell or give away any intoxicating liquors except
to bona fide members and guests invited by members.
H.
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 article or the laws of the State
of Wisconsin.
I.
Credit prohibited. No retail Class "A," Class "B," "Class A," "Class
B," or "Class C" liquor, wine, or fermented malt beverage licensee
shall sell or offer for sale any alcoholic beverage to any person
or persons by extending credit, except hotel credit extended to a
resident guest or a club to a bona fide member. It shall be unlawful
for such licensee or permittee to sell alcoholic beverages to any
person on a passbook or store order or to receive from any person
any goods, ware, merchandise or other articles in exchange for alcoholic
beverages.
J.
Licensee or permittee responsible for acts of help. A violation of
this article by a duly authorized agent or employee of a licensee
or permittee under this article shall constitute a violation by the
licensee or permittee. Whenever any licensee or permittee under this
article shall violate any portion of this article, proceedings for
the suspension or revocation of the license or permit of the holder
thereof may be instituted in the manner prescribed in this article.
K.
Indoor pyrotechnic displays prohibited. No indoor pyrotechnic display
or fireworks display of any kind is allowed in the licensed premises,
nor any unlicensed property attached to the licensed premises.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Closing hours shall be established in conformance with §§ 125.32(3)
and 125.68(4), Wis. Stats., and further restricted as follows:
A.
Class "B" licenses.
(1)
No premises for which a retail "Class B" liquor, Class "B" fermented
malt beverage, or "Class C" wine license has been issued shall be
permitted to remain open for the sale of liquor or fermented malt
beverages or for any other purpose between the hours of 2:00 a.m.
and 6:00 a.m., Monday through Friday, and 2:30 a.m. and 6:00 a.m.,
Saturday and Sunday. There shall be no closing hours on January 1.
(2)
Hotels and restaurants, the principal business of which is the furnishing of food or lodging to patrons, bowling alleys, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business, but shall not sell liquor or malt beverages during the closing hours of Subsection A(1) above.
B.
Carryout hours. Between 9:00 p.m. and 6:00 a.m., no person may sell,
remove, carry out or permit to be removed or carried out from any
premises having a "Class A" or Class "A" license, fermented malt beverages
or intoxicating liquor in original unopened packages, containers or
bottles or for consumption away from the premises. On "Class B" liquor
or Class "B" fermented malt beverage licensed premises, carryout shall
be prohibited between 12:00 midnight and 6:00 a.m.
It shall be unlawful for any person or organization on a temporary
basis to sell or offer to sell any alcoholic beverage upon any Village-owned
property or privately-owned property within the Village of Sullivan,
except through the issuance of a Temporary Class "B" Fermented Malt
Beverage License or Temporary "Class B" Wine License issued by the
Village Board in accordance with Wisconsin Statutes and as set forth
in this section. A temporary Class "B" fermented malt beverage license
or temporary "Class B" wine license authorizing the sale and consumption
of beer and/or wine on Village-owned property or privately owned property
may be authorized by the Village Board provided the following requirements
are met:
A.
Compliance with eligibility standards. The organization shall meet the eligibility requirements of a bona fide club, association, lodge or society as set forth in § 125.26(6), Wis. Stats., and shall fully comply with the requirements of this section and § 138-23. Members of an organization which is issued a temporary license and who are issued operator's licenses for the event may be required to attend a pre-event informational meeting to learn what rules and regulations apply and what the responsibilities of the bartenders and organization will be.
B.
Posting of signs and licenses. All organizations issued a temporary
license shall post in a conspicuous location at the main point of
sale and at all remote points of sale a sufficient number of signs
stating that no fermented malt beverage shall be served to any under-age
person without proper identification.
C.
Fencing.
(1)
If necessary due to the physical characteristics of the site, the
Village Board may require that organizations install a double fence
around the main point of sale to control ingress and egress and continually
station a licensed operator, security guard or other competent person
at the entrance for the purpose of checking age identification. Where
possible, there shall be only one point of ingress and egress. When
required, the double fence shall be a minimum of four feet high and
a minimum of six feet between fences.
(2)
For indoor events, the structure used shall have suitable exits and
open spaces to accommodate anticipated attendance. It should contain
adequate sanitary facilities to accommodate the size of the group.
D.
Underage persons prohibited. No underage persons as defined by the
Wisconsin Statutes shall be allowed to assist in the sale of fermented
malt beverages or wine at any point of sale, nor shall they be allowed
to loiter or linger in the area of any point of sale, except as otherwise
authorized by §§ 125.32 and 125.68, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
E.
Licensed operators requirement. A licensed operator shall be stationed
at all points of sales at all times.
F.
Waiver. The Village Board may waive or modify the requirements of
this section due to the physical characteristics of the licensed site.
G.
Insurance. The applicant for a temporary fermented malt beverage
or wine license may be required to indemnify, defend and hold the
Village and its employees and agents harmless against all claims,
death of any person or any damage to property caused by or resulting
from the activities for which the permit is granted. As evidence of
the applicant's ability to perform the conditions of the license,
the applicant may be required to furnish a certificate of comprehensive
general liability insurance with the Village of Sullivan. The applicant
may be required to furnish a performance bond prior to being granted
the license.
A.
Procedure. Whenever the holder of any license under this article violates any portion of this article or Article II of this chapter, proceedings for the revocation of such license may be instituted in the manner and under the procedure established by this section.
B.
Abandonment of premises. Any licensee holding a license to sell alcoholic
beverages who 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 alcoholic 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 Village Board. All persons issued a license to sell alcoholic
beverages in the Village for which a quota exists limiting the number
of such licenses that may be issued by the Village shall cause such
business described in such license to be operated on the premises
described in such license for at least 150 days during the terms of
such license, unless such license is issued for a term of less than
180 days, in which event this subsection shall not apply.
C.
License revocation or suspension. License revocation or suspension
procedures shall be as prescribed by Ch. 125, Wis. Stats.
D.
Point values for alcoholic beverages violation, revocations and suspensions.
(1)
Purpose and definitions. The purpose of this subsection is to administratively
interpret those portions of this article relating to the establishment
of an alcoholic 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 alcoholic beverage violation. This demerit point system
is used to identify habitually troublesome license holders who have
repeatedly violated state statutes and Village ordinances for the
purpose of recommending suspension or revocation of their alcoholic
beverage licenses.
|
Type of Violation
|
Point Value
|
|---|---|
|
Sale of alcoholic beverages without license or permit; sale
of controlled substances on licensed premises
|
100
|
|
Sale of alcoholic beverages to underage person
|
50
|
|
Sale of alcoholic beverages to intoxicated person
|
50
|
|
Underage person on premises
|
50
|
|
Intoxicated bartender; disorderly conduct on premises
|
50
|
|
After hours consumption
|
50
|
|
Refusal to allow police to search premises or refusal to cooperate
with lawful police investigation
|
50
|
|
Licensee, agent or operator not on premises at all times
|
25
|
|
Persons on premises after closing hours
|
25
|
|
Violations of carryout hours
|
25
|
|
Licensee permitting person to leave licensed premises with open
alcoholic beverage
|
25
|
|
All other violations of this article
|
25
|
(3)
Violations how calculated. In determining the accumulated demerit
points against a licensee within 12 months, the Village shall use
the date each violation was committed as the basis for the determination.
(4)
Suspension or revocation of license.
(a)
The Village Board shall call before it for purposes of revocation
or suspension hearing all licensees who have accumulated 200 points
in a twelve-month period as a result of court-imposed convictions.
(b)
If the demerit point accumulation calculated from the date of
violation amounts to 200 points in a twelve-month period, a suspension
of 30 days shall be imposed. If the demerit point accumulation is
250 points (calculated from the date of violation) in a twenty-four-month
period, a suspension of 60 days shall be imposed. If the demerit point
accumulation in a thirty-six-month period is 300 points, the suspension
shall be for the maximum allowed by law, which is 90 days. If the
license 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.
The presence of underage persons on a licensed premises as provided
under § 125.07(3)(a)10, Wis. Stats., shall be subject to
the following:
A.
The licensee or agent of a corporate licensee shall notify the Village
Clerk-Treasurer 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 nonalcohol 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 Village Clerk-Treasurer during normal business
hours and shall be given on forms prescribed by the Village. After
a nonalcohol event notice has been given, the licensee may cancel
an event(s) only by giving like notice to the Village Clerk-Treasurer
in accordance with the provisions of this subsection. Regardless of
the date given, all notices shall expire and be deemed cancelled no
later than the date of expiration or revocation of the applicable
retail Class "B," "Class B" or "Class C" license.
B.
During the period of any nonalcohol event, a notice card prescribed
by the Village shall be posted at all public entrances to the licensed
premises notifying the general public that no alcoholic beverages
may be consumed, sold or given away on or carried into the licensed
premises during the event. Such notice cards shall be made available
by the Village to a requesting licensee.
C.
Once a nonalcohol event has commenced, no alcoholic 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.
D.
During the period of any nonalcohol event, all alcoholic 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 alcoholic beverages ("speed
guns") shall be either disconnected, disabled or made inoperable.
A.
Purpose. The Village Board finds that restrictions are necessary
for outdoor beer gardens and sports activities at premises holding
"Class B" and Class "B" liquor and fermented malt beverages licenses
due to concerns arising from noise, density and related problems.
This section, enacted pursuant to police power, provides a framework
for regulatory controls on such outdoor sports and beer garden activities.
B.
Approval required.
(1)
Generally. No licensee shall conduct or sponsor any outdoor sports
activity or event or beer garden on property forming any part of the
real property on which the licensed premises exist without the prior
approval of the Village Board.
(2)
Permit required for beer garden outdoor consumption. No licensee
shall permit the consumption of alcoholic beverages on any part of
the licensed premises not enclosed within the building, except under
a beer garden permit granted by the Village Board. The permits are
a privilege in which no rights vest and, therefore, may be revoked
by the Village Board at its pleasure at any time or shall otherwise
expire on June 30 of each year. No person shall consume or have in
his or her possession alcoholic beverages on any unenclosed part of
a licensed premises which is not described in a valid beer garden
permit.
C.
Application. If a licensee shall conduct or sponsor any outdoor sports
activity or event or beer garden on the licensee's property, the licensee
shall file an application with the Clerk-Treasurer setting forth the
following information:
(1)
The name, address and telephone number of the person or persons who
will be responsible for the actual conduct of the activity or event;
(2)
The date and duration of time for the proposed activity or event;
(3)
An accurate description of that portion of the licensee's property
proposed to be used;
(4)
A good faith estimate of the number of users, participants and spectators
for the beer garden or proposed activity or event; and
(5)
The licensee's plan for maintaining the cleanliness of the licensed
area.
D.
Time for filing. The licensee shall file the application not less
than 15 days before the date of the proposed activity or event. The
Village Board may waive the fifteen-day time limit upon a licensee's
showing of exigent circumstances. The application shall be accompanied
by payment of a fee as prescribed in the current Village Fee Schedule[1] for review of the application. The applicant may request
that an annual permit be issued for the beer garden or outdoor sports
activities.
E.
Review. The Village Board shall review the applications in light
of the standards of this section. If the nature of the property or
the event requires the imposition of additional regulations, the Village
Board may impose these regulations upon an express finding detailing
the reasons for additional regulation. All property owners within
150 feet of the proposed beer garden or outside sports facility shall
be notified by the Clerk of the pendency of application for a permit
by first-class mail.
F.
Outdoor sports activity standards. The following standards shall
apply to any outdoor sports activity regulated under this section:
(1)
Approval of an application shall not act to permit outdoor consumption
of alcoholic beverages on the property beyond the area specifically
licensed.
(2)
If the estimated number of participants and spectators shall bring
the number of persons on the property above the number for which licensed
premises' restroom facilities are rated adequate, the licensee shall
provide a number of portable temporary restrooms sufficient to serve
the estimated number of persons.
(3)
The Village Board shall not grant approval to any applicant whose
property on which the activity or event is proposed is adjacent to
any property zoned residential or on which a residential use exists
as a nonconforming use, or within 50 feet of any property zoned residential
or on which a residential use exists as a nonconforming use. Fencing
may be required.
(4)
The applicant shall provide parking adequate for the proposed activity
or event, whether on-site or through agreements with property owners
shown to the Village Board's satisfaction to permit their property
to be used for parking for the proposed activity or event.
(5)
The applicant shall show the Village Board plans adequate to provide
reasonable access to participants and spectators for the event, and
to limit access for all other persons.
(6)
The licensee shall clean up all garbage and debris relating to the
activity or event at least once per 24 hours during the activity or
event.
(7)
The licensee shall not permit the noise level of the sports activity
or event to exceed 75 dB, measured at any border of the licensee's
real property. Amplified music or sound is not permitted.
(8)
Outdoor volleyball courts, horseshoe pits, or other athletic areas
licensed as premises shall cease operation after 11:00 p.m. of each
day in such outdoor areas. In addition, no amplified sound shall be
permitted in the outdoor premises.
G.
Standards on issuance of beer garden permits.
(1)
No permit shall be issued for a beer garden if any part of the beer garden is within 50 feet of a structure used for residential purposes, except residential uses located in the same structure as the licensed premises or located on a commercially zoned parcel. An exception to this subsection is for parcels located along Main Street; due to the close proximity of structures on Main Street in the B-1 General Commercial District, beer garden placement there shall be determined by conditional use permit under Chapter 485, Zoning.
(2)
No permit shall be issued for a beer garden if the beer garden area
is greater than 50% of the gross floor area of the adjoining licensed
premises.
(3)
Each applicant for a beer garden permit shall accurately describe
the area intended for use as a beer garden and shall indicate the
nature of fencing or other measures intended to provide control over
the operation of the beer garden.
(4)
No amplified sound or music is permitted outside the enclosed (building)
premises. Amplified sound or music is not permitted in the beer garden.
(5)
There shall be a licensed operator with the beer garden at all times
the beer garden is in operation.
H.
Fencing.
(1)
A Class "B" fermented malt beverage and/or intoxicating liquor licensee
whose premises are expanded to outdoor areas, such as patios, volleyball
pits, outdoor sports areas, beer gardens and similar such uses, shall
be required to install fencing around the perimeter of the outside
premises. Such fencing may consist of wire mesh, solid vegetation,
wood, plastic, or other similar material or a wall which will provide
for an enclosed area on the outside of the licensed premises. Such
barrier shall be a minimum of six feet in height, measured from the
ground in the case of ground-mounted fences and from the bottom of
the deck in the case of deck-installed fences.
(2)
Prior to installation of such fencing or wall, a diagram of the proposed
barrier shall be presented to the Village to ensure that the proposed
barrier will adequately protect neighbors, limit noise, and prevent
or limit access by underage individuals and provide visibility to
law enforcement to ensure the premises is complying with alcoholic
beverage requirements.
(3)
That in lieu of the fencing or barrier required above, the Village
may authorize the use of security personnel to patrol such outdoor
premises on a full-time basis during such times that the outdoor premises
are open for business.
I.
State statutes enforced within beer garden. Every permittee under
this section shall comply with and enforce all provisions of Chapter
125, Wis. Stats., applicable to Class "B" licensed premises, except
insofar as such provisions are clearly inapplicable. Violation of
the provisions of Ch. 125, Wis. Stats., shall be grounds for immediate
revocation of the outdoor sports activity or beer garden permit by
the Village Board.
J.
Violations. Failure of the licensee to comply with any of the provisions
of this section shall be grounds for suspension, nonrenewal or revocation
of the licensee's alcoholic beverage license or licenses.
A.
Authority.
(1)
The Village Board of the Village of Sullivan has explicit authority
under § 125.10(1), Wis. Stats., to adopt regulations governing
the sale of alcoholic beverages which are in addition to those set
forth in Ch. 125, Wis. Stats.; and
(2)
The Village Board has authority under its general police powers set
forth in Ch. 61, Wis. Stats., to act for the good order of the municipality
and for the health, safety and welfare of the public, and may carry
out its powers by regulation and suppression; and
(3)
The Village Board recognizes it lacks authority to regulate obscenity
and does not intend by adopting this section to regulate obscenity;
since nudity in and of itself is not obscene, it declares its intent
to enact an ordinance addressing the secondary effects of live, totally
nude, nonobscene, erotic dancing in bars and taverns; and
(4)
Bars and taverns featuring live totally nude, nonobscene, erotic
dancing have, in other communities, tended to further the increase
of criminal and other offensive activity, to disrupt the peace and
order of the communities, to depreciate the value of real property,
to harm the economic welfare of the communities and to negatively
affect the quality of life of the communities; and such secondary
effects are detrimental to the public health, safety and general welfare
of citizens; and
(5)
The Village Board recognizes the U.S. Supreme Court has held that
nude dancing is expressive conduct within the outer perimeters of
the First Amendment to the United States Constitution and is, therefore,
entitled to some limited protection under the First Amendment, and
the governing body further recognizes that freedom of speech is among
our most precious and highly protected rights, and wishes to act consistently
with full protection of those rights; however
(6)
The Village Board is aware, based on the experiences of other communities,
that bars and taverns in which live, totally nude, nonobscene, erotic
dancing occurs may and do generate secondary effects which the governing
body believes are detrimental to the public health, safety and welfare
of the citizens of the Village of Sullivan; and
(7)
Among these secondary effects are:
(a)
The potential increase in prostitution and other sex-related
offenses, as well as other crimes and offenses;
(b)
The potential depreciation of property values in neighborhoods
where bars and taverns featuring nude dancing exist;
(c)
Health risks associated with the spread of sexually transmitted
diseases; and
(d)
The potential for infiltration by organized crime for the purpose
of unlawful conduct; and
(8)
The Village Board desires to minimize, prevent and control these
adverse effects and thereby protect the health, safety and general
welfare of the citizens of the Village of Sullivan; protect the citizens
from increased crime; preserve the quality of life; preserve the property
values and character of surrounding neighborhoods; and deter the spread
of urban blight; and
(9)
The Village Board has determined that enactment of an ordinance prohibiting
live, totally nude, non-obscene, erotic dancing in bars and taverns
licensed to serve alcoholic beverages promotes the goal of minimizing,
preventing and controlling the negative secondary effects associated
with such activity.
B.
Nude dancing in licensed establishments prohibited. It is unlawful
for any person to perform or engage in, or for any licensee or manager
or agent of the licensee to permit any person, employee, entertainer
or patron to perform or engage in any live act, demonstration, dance
or exhibition on the premises of a licensed establishment which:
C.
Exemptions. The provisions of this section does not apply to the
following licensed establishments: theaters, performing arts centers,
civic centers, and dinner theaters where live dance, ballet, music
and dramatic performances of serious artistic merit are offered on
a regular basis and in which the predominant business or attraction
is not the offering to customers of entertainment which is intended
to provide sexual stimulation or sexual gratification to such customers
and where the establishment is not distinguished by an emphasis on,
or the advertising or promotion of, employees engaging in nude erotic
dancing.
D.
Definitions. For purposes of this section, the term "licensed establishment"
means any establishment licensed by the Village Board of the Village
of Sullivan to sell alcoholic beverages pursuant to Ch. 125, Wis.
Stats. The term "licensee" means the holder of a retail "Class A,"
"Class B," Class "B," Class "A," or "Class C" licensee granted by
the Village Board of the Village of Sullivan pursuant to Ch. 125,
Wis. Stats.
E.
Penalties. Any person, partnership or corporation who violates any of the provisions of this section shall be subject to a forfeiture pursuant to Chapter 1, Article II, General Penalty, of this Code. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this section constitutes sufficient grounds for suspending, revoking or nonrenewing an alcoholic beverage license under § 125.12, Wis. Stats.
A.
Operator's license required.
(1)
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 licensee 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.
B.
Procedure upon application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(1)
The Village Clerk-Treasurer may issue an operator's license, which
license shall be granted only upon application in writing on forms
to be obtained from the Village Clerk-Treasurer only to persons 18
years of age or older. Operator's licenses shall be operative only
within the limits of the Village.
(2)
All applications are subject to an investigation by Village-designated
law enforcement authorities and/or other appropriate authority to
determine whether the applicant and/or premises to be licensed complies
with all regulations, ordinances and laws applicable thereto. The
investigating authority shall conduct an investigation of the applicant,
including, but not limited to, requesting information from the state,
surrounding municipalities, and/or any community where the applicant
has previously resided concerning the applicant's arrest and conviction
record. Based upon such investigation, the investigating authority
shall recommend, in writing, to the Village Board approval or denial
of the application. If the investigating authority recommends denial,
the investigating authority shall provide, in writing, the reasons
for such recommendation, and the application for license must be reviewed
by the Village Board
C.
Duration. Licenses issued under the provisions of this article shall
be valid for a period of one year and shall expire on the 30th day
of June.
D.
Operator's license fee; provisional or temporary licenses.
(2)
Provisional license. The Village Clerk-Treasurer may issue provisional
operator's licenses in accordance with § 125.17(5), Wis.
Stats. The provisional operator's license shall expire 60 days after
its issuance or when an operator's license is issued to the holder,
whichever is sooner. Pertinent law enforcement agencies shall, upon
request, submit to the Clerk-Treasurer a report regarding the applicant's
conviction history, if any. The applicant for such provisional license
must present evidence to the Clerk-Treasurer establishing that the
applicant is enrolled in a responsible beverage server training course
established pursuant to § 125.17(6)(a), Wis. Stats. The
Village Clerk-Treasurer may, upon receiving an application for a temporary
provisional license, issue such a license without requiring the successful
completion of the approved program as described herein. However, such
temporary license shall be used only for the purpose of allowing such
applicant the privilege of being licensed as a beverage operator pending
his/her successful completion of the approved program, and the applicant
shall also apply for a regular operator's license. No such provisional
operators license shall be issued prior to a waiting period of less
than 96 hours (four days), and the completion of a background check
subject to limitations established by law. A provisional license may
not be issued to any person who has been denied an operator's license
by the Village Board, who has had his/her operator's license revoked
or suspended within the preceding 12 months, or who previously held
an operator's license and who failed to complete the Alcohol Awareness
Training Program without first successfully completing the program.
No person shall be issued more than three provisional licenses in
any twelve-month period. The Village Clerk-Treasurer shall provide
an appropriate application form to be completed in full by the applicant.
The Village Clerk-Treasurer may revoke the provisional license issued
if he/she discovers that the holder of the license made a false statement
on the application. A provisional license shall not be renewed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(3)
Temporary license. The Village Clerk-Treasurer may issue a temporary
operator's license, provided that:
(a)
This license may be issued only to operators employed by or
donating their services to nonprofit corporations.
(b)
No person may hold more than one license of this kind per year.
(c)
The license is valid for any period from one day to 14 days,
and the period for which it is valid shall be stated on the license.
E.
Issuance or denial of operator's licenses.
(1)
After the Village Board approves the granting of an operator's license,
the Village Clerk-Treasurer shall issue the license. Such licenses
shall be issued and numbered in the order they are granted and shall
give the applicant's name and address and the date of the expiration
of such license.
(2)
Denial; notice; reconsideration.
(a)
If the application is denied by the Village Board, the Village
Clerk-Treasurer shall, in writing, inform the applicant of the denial,
the reasons therefore, and of the opportunity to request a reconsideration
of the application by the Village Board in a closed session. Such
notice must be sent by registered mail to, or served upon, the applicant
at least 10 days prior to the Board's reconsideration of the matter.
At such reconsideration hearing, the applicant may present evidence
and testimony as to why the license should be granted.
(b)
If, upon reconsideration, the Board again denies the application,
the Village Clerk-Treasurer shall notify the applicant, in writing,
of the reasons therefor. An applicant who is denied any license upon
reconsideration of the matter may apply to Circuit Court pursuant
to § 125.12(2)(d), Wis. Stats., for review.
(3)
Basis for determination.
(a)
Consideration for the granting or denial of a license will be
based on:
[1]
Arrest and conviction record of the applicant, subject to the
limitations imposed by §§ 111.321, 111.322, and 111.335,
Wis. Stats.;
[2]
The financial responsibility of the applicant;
[3]
The appropriateness of the location and the premises where the
licensed business is to be conducted; and
[4]
Generally, the applicant's fitness for the trust to be reposed.
(b)
If a licensee is convicted of an offense substantially related
to the licensed activity, the Village Board may act to revoke or suspend
the license.
(4)
An application may be denied based upon the applicant's arrest and
conviction record if the applicant has been convicted of a felony
(unless duly pardoned) or if the applicant has habitually been a law
offender. 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 which are substantially related to the licensed
activity within the five years immediately preceding the license application.
Because a license is a privilege, the issuance of which is a right
granted solely to the Village Board, the Village Board reserves the
right to consider the severity, and facts and circumstances of the
offense when making the determination to grant, deny or not renew
a license. Further, the Village Board, at its discretion, may, based
upon an arrest or conviction record of two or more offenses which
are substantially related to the licensed activity within the five
years immediately preceding, act to suspend such license for a period
of one year or more.
F.
Training course.
(1)
Except as provided in Subsection F(2) below, the Village Board may not issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a vocational, technical and adult education district and that conforms to curriculum guidelines specified by the Board of vocational, technical and adult education or a comparable training course that is approved by the educational approval board or unless the applicant fulfills one of the following requirements:
G.
Display of license. Each license issued under the provisions of this
article shall be posted on the premises whenever the operator dispenses
beverages or be in his/her possession, or the licensee shall carry
a license card.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
H.
Revocation of operator's license. Violation of any of the terms or
provisions of the state law or of this article relating to operator's
licenses by any person holding such operator's license shall be cause
for revocation of the license.
A.
Any person who shall violate any provision of this article of the
Code of Ordinances of the Village of Sullivan or who shall conduct
any activity or make any sale for which a license is required without
a license shall be subject to a forfeiture as provided in the general
penalty section of this Code of the Village of Sullivan.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
Nothing herein shall preclude or affect the power of the sentencing
court to exercise additional authorities granted by the Wisconsin
Statutes.
[Adopted 8-22-2006 (Title
11, Ch. 4, of the 2006 Code of Ordinances)]
A.
Alcoholic beverages in public areas.
(1)
Regulations. It shall be unlawful for any person to sell, serve or
give away, or offer to sell, serve or give away, any alcoholic beverage
upon any public street, sidewalk, alley, public parking lot, highway,
municipal building, library, cemetery or drives or other public area
within the Village of Sullivan or on private property without the
owner's consent, except at licensed premises. It shall be unlawful
for any person to consume or have in his/her possession any open container
containing alcoholic beverage upon any public street, public sidewalk,
public way, municipal building, library, public alley or public parking
lot within the Village of Sullivan.
(2)
Private property held out for public use. It shall be unlawful for
any person to consume any alcoholic beverages upon any private property
held open for public use within the Village unless the property is
specifically named as being part of a licensed premises.
(3)
Exceptions.
(a)
The provisions of this section may be waived by the Village
Board for duly authorized events.
(b)
This section shall not apply to any organization which has been issued a temporary fermented malt beverage and/or temporary wine license for a designated area and event pursuant to this Code of Ordinances, provided that the provisions of this article and Article I of this chapter are fully complied with.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(c)
The provisions of this section regarding open consumption of
fermented malt beverages or intoxicating liquor shall not apply within
200 feet of a parade route which the Village of Sullivan has authorized
from one hour prior to the scheduled start of said parade until one
hour after the end of said parade, except that the foregoing exemption
does not extend to any vehicle or unit of the parade, however propelled,
nor to any parade participant for that period of time during which
the vehicle, unit of the parade or person is participating within
the assembly and disembarkment points of the parade.
B.
ALCOHOLIC BEVERAGE
PUBLIC AREA
UNDERAGE PERSON
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes all ardent, spirituous, distilled or vinous liquors,
liquids or compounds, whether medicated, proprietary, patented, or
not, and by whatever name called, as well as all liquors and liquids
made by the alcoholic fermentation of an infusion in potable water
of barley malt and hops, with or without unmalted grains or decorticated
or degerminated grains or sugar, which contain 1/2 of 1% or more of
alcohol by volume and which are fit for use for beverage purposes.
Any location within the Village which is open to access to
persons not requiring specific permission of the owner to be at such
location, including all parking lots serving commercial establishments.
Any person under the legal drinking age as defined by the
Wisconsin Statutes.[1]
[1]
Editor's Note: Original Secs. 11-4-2, Sale to underage or intoxicated persons restricted, 11-4-3, Underage persons' presence in places of sale; penalty, 11-4-4, Underage persons; prohibitions; penalties, and 11-4-5, Defense of sellers, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
A.
Persons of legal drinking age counterfeiting, altering or duplicating
official identification cards or presenting false information.
(1)
Any person who has attained the legal drinking age, other than one
authorized by §§ 125.08 or 343.50, Wis. Stats., who
makes, alters or duplicates an official identification card may be
fined not less than $100 nor more than $1,000.
(2)
Any person who has attained the legal drinking age who, in applying
for an identification card, presents false information to the issuing
officer may be fined not less than $100 nor more than $1,000.
B.
Any underage person who does any of the following is subject to the
penalties specified under § 138-26D or E:
(1)
Intentionally carries an official identification card not legally
issued to him or her, an official identification card obtained under
false pretenses or an official identification card which has been
altered or duplicated to convey false information. A law enforcement
officer shall confiscate any card that violates this subsection.
(2)
Makes, alters or duplicates an official identification card.
(3)
Presents false information to an issuing officer in applying for
an official identification card.[1]
[1]
Editor's Note: Original Secs. 11-4-7, Possession of alcohol beverages on school grounds prohibited, 11-4-8, Adult permitting or encouraging underage violation, and 11-4-9, Solicitation of drinks prohibited, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
A.
Purpose. The Village Board intends to discourage underage possession
and consumption of alcohol, even if done within the confines of a
private residence or other structure, and intends to hold adult persons
civilly responsible who host events or gatherings where persons under
21 years of age possess or consume alcohol, regardless of whether
the person hosting the event or gathering supplied the alcohol. The
Sullivan Village Board finds:
(1)
Public health considerations.
(a)
Events and gatherings held on private or public property where
alcohol is consumed by persons under the age of 21 years of age are
harmful to those persons and constitute a potential threat to public
health requiring prevention or abatement.
(b)
Alcohol is an addictive drug which, if used irresponsibly, could
have drastic effects on those individuals who use it, particularly
underage individuals, as well as those who are affected by the actions
of an irresponsible user.
(2)
Prohibiting underage consumption. Prohibiting underage consumption
acts to protect underage persons, as well as the general public, from
injuries related to alcohol consumption, such as alcohol overdoses,
disorderly conduct or alcohol-related traffic accidents.
(3)
Parental/guardian role. Events or gatherings involving underage possession
and consumption often occur outside the presence of parents. There
are, however, instances when the parent(s) or legal guardian is/are
present and condone the activity, and, in some circumstances, provide
the alcohol.
(4)
Deterrent effect. A deterrent effect will be created by holding an
adult person(s) responsible for hosting an event or gathering where
underage possession or consumption occurs.
B.
ALCOHOL
ALCOHOLIC BEVERAGE
EVENT or GATHERING
HOST or ALLOW
IN CONTROL
PARENT
PRESENT
RESIDENCE, PREMISES, or PUBLIC OR PRIVATE PROPERTY
UNDERAGE PERSON
Definitions. For purposes of this section, the following terms shall
have the following meanings:
Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,
whiskey, rum, brandy, gin or any other distilled spirits including
dilutions and mixtures thereof from whatever source or by whatever
process produced, including wine and fermented malt beverages.
Alcohol, spirits, liquor, wine, beer and other fermented
malt beverages, and every liquid or solid containing alcohol, spirits,
wine or fermented malt beverages, and which contain 0.5% or more of
alcohol by volume and which is fit for beverage purposes either alone
or when diluted, mixed or combined with other substances.
Any group of three or more persons who have assembled or
gathered together for a social occasion or other activity.
To aid, conduct, entertain, organize, supervise, control,
provide or permit a gathering or event.
The power to direct, manage, oversee and/or restrict the
affairs, business or assets of a person or entity.
Any person having legal custody of a juvenile:
Being at hand or in attendance.
Any home, yard, farm, field, land, apartment, condominium,
hotel or motel room, or other dwelling unit or accessory structure,
or a hall or meeting room, park or any other place of assembly, whether
occupied on a temporary or permanent basis, whether occupied as a
dwelling unit, or specifically for a party or other social function,
and whether owned, leased, rented or used with or without permission
or compensation.
Any individual under 21 years of age.
C.
Prohibited acts.
(1)
Prohibited hosting activity. It is unlawful for any person(s) to
host, allow or permit any event or gathering at any residence, premises
or on any residence, premises or on any other private or public property
where alcohol or alcoholic beverages are present when the person knows
that an underage person will, likely will, or does possess any alcohol
or alcoholic beverage with the intent to consume it; and the person(s)
fails to take reasonable steps to prevent possession or consumption
by the underage person(s).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(2)
Intent to aid prohibited hosting activity. A person(s) violates this
section if the person(s) intentionally aids, advises, hires, counsels
or conspires with or otherwise procures another to commit or engage
in an act prohibited by this section.
(3)
Presence not required for violation. A person(s) who hosts an event
or gathering governed by this section does not have to be present
at the event or gathering to be responsible.
D.
Exceptions. The following are exceptions to this section:
(1)
Other parties not present. This section does not apply to conduct
solely between an underage person and his/her parent(s) or legal guardian
while that parent or legal guardian is present and in control of the
underage person.
(2)
Legally protected religious observances. This section does not apply
to legally protected religious observances.
(3)
Employment exception. This section does not apply to situations where
underage persons are lawfully in possession of alcohol or alcoholic
beverages during the course and scope of employment.
(4)
Disability. This section may not, depending on the circumstances,
apply to a person hosting an event or gathering governed by this section
if such person has a physical or mental disability or incompetency
rendering him/her incapable of supervising or preventing the improper
underage conduct at the time the misconduct occurred.
