[HISTORY: Adopted by the Town Board of the Town of West Bend as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 90-05 (Ch. 12, Sec. 12.02, of the 1990 Code of Ordinances)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The provisions of Ch. 125, Wis. Stats., relating to the sale of intoxicating liquor and fermented malt beverages, except §§ 125.03, 125.075, 125.14(4), 125.15, 125.16, 125.19, 125.29, 125.30, 125.33, 125.52, 125.53, 125.54, 125.55, 125.56, 125.58, 125.60, 125.61, 125.62, 125.65, 125.67 and 125.69, Wis. Stats., exclusive of any provisions thereof relating to the penalty to be imposed or the punishment for violation of said statutes, are hereby adopted and made a part of this article by reference. A violation of any such provision, or future amendments thereto, shall constitute a violation of this article.
As used in this article, the following definitions apply:
LEGAL DRINKING AGE
Twenty-one years of age.
UNDERAGE PERSON
A person who has not attained the legal drinking age.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Application for a license to sell or deal in alcohol beverages shall be made in writing on the form prescribed by § 125.04(3), Wis. Stats., and shall be filed together with the cost of publication as provided by § 125.04(3)(g)6., Wis. Stats., with the Town Clerk not less than 15 days prior to the granting of the license. However, applications for licenses to be issued under §§ 125.26(6) and 125.51(3m), Wis. Stats., shall be filed with the Clerk not less than three days prior to the granting of the license. Further, as a condition of granting an operator's license, the applicant shall permit the Town to secure from the Federal Bureau of Investigation and the Wisconsin Crime Information Bureau a record check of the applicant. No license shall be issued until the fee has been paid.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The Town Clerk shall notify the Building Inspector and the Town Police Chief of each new license and permit application, and these officials shall review such application and inspect, or cause to be inspected, the premises to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto. These officials shall furnish to the Town Board, in writing, the information derived from such investigation. Except as otherwise specifically set forth in this article, no license or permit provided for in this article shall be issued without the approval of a majority of the Town Board.
[Amended 6-8-1994 by Ord. No. 94-3; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The fees for issuance of the following fermented malt beverage and intoxicating liquor licenses shall be established in the current fee schedule, on file in the Town offices, as amended from time to time by the Town Board:
A. 
Class "A" Liquor License.
B. 
Class "A" fermented malt beverage retailer's license.
C. 
Class "B" fermented malt beverage license. A six-month license may not be renewed in the same calendar year. See § 125.26, Wis. Stats.
D. 
Class "B" fermented malt beverage and wine license (picnic license). Issued to organizations enumerated in § 125.26(6), Wis. Stats. In addition to designating the hours and dates of fermented malt beverage and wine sales, the Town Board may impose additional conditions relating to such sales.
E. 
"Class B" intoxicating liquor license. See § 125.51(3), Wis. Stats., for bona fide clubs and lodges situated and incorporated or chartered in the state for at least six years. See § 125.51(9), Wis. Stats., for proration of fee for a six-month license.
F. 
Operator's license. See § 125.17, Wis. Stats.
G. 
Transfer of license. See § 125.04(12), Wis. Stats.
[Amended 12-7-2020 by Ord. No. 2020-09]
The purpose of this section is to allow the Town Board to designate another municipal official or designee to issue operators' licenses pursuant to 2019 Wisconsin Act 166. Operators' licenses may be issued by the Town Clerk or Deputy Clerk when the applicant has no criminal record. The Town Board will review applicants with criminal records. This will allow the businesses within the Town greater access and more flexibility in hiring personnel to fill their open positions.
No person shall vend, sell, deal, traffic in or, for the purpose of evading any law or ordinance, give away any liquor or fermented malt beverages, or cause the same to be done, without having procured a license as provided in this article nor without complying with all provisions of this article, and all statutes, ordinances and regulations applicable thereto. A license shall be required for each stand, place, room or enclosure or for each suite of rooms or enclosures which are in direct connection or communication to each other where liquor and fermented malt beverages are kept, sold or offered for sale.
A. 
Natural persons. Licenses related to alcohol beverages, issued to natural person under this article, may be issued only to persons who:
(1) 
Do not have an arrest or conviction record, subject to §§ 111.321, 111.322 and 111.335, Wis. Stats.
(2) 
Have been residents of this state continuously for at least 90 days prior to the date of application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(3) 
Have attained the legal drinking age, except that operators' licenses may be issued to any person who has attained the age of 18.
B. 
Criminal offenders. No license or permit related to alcohol beverages may, subject to §§ 111.321, 111.322 and 111.335, Wis. Stats., be issued under this article to any natural person who has been convicted of a felony unless the person has been duly pardoned.
C. 
Corporations. No license or permit may be issued to any corporation unless the agent of the corporation appointed under § 125.04(6), Wis. Stats., and the officers and directors of the corporation meet the qualifications of Subsections A(1) and (3) and B above, except that Subsection A(2) does not apply to agents.
The number of "Class B" liquor licenses to be issued hereunder is limited to the number permitted under § 125.51(4), Wis. Stats.
In addition to the conditions and restrictions imposed by state law on the granting of Class B fermented malt beverage licenses and intoxicating liquor licenses hereunder, the following conditions and restrictions shall apply:
A. 
Consent to inspection of premises. It shall be a condition of any license issued hereunder that the licensed premises may be entered and inspected at any reasonable hour by any police officer of the Town without any warrant, and the application for a license hereunder shall be deemed a consent to this provision. If such inspection is denied, such denial shall be deemed a violation of this article.
B. 
Violation by agents or employes. A violation of this article by a duly authorized agent or employee of a licensee shall constitute a violation of the licensee.
C. 
Sales to underage persons restricted. No alcohol beverage shall be sold, dispensed, given away or furnished to any underage person unless accompanied by a parent, guardian or spouse who has attained the legal drinking age.
D. 
Sales by clubs. No club shall sell intoxicating liquors or fermented malt beverages except to members and guests invited by members.
E. 
Commencement of operations. Within 90 days after the issuance of a "Class B" intoxicating liquor license or a Class "B" fermented malt beverage license, the licensee shall be open for business with adequate stock and equipment. Upon failure to do business within such time, the license shall be subject to revocation by the Town Board after a public hearing. The Town Board may, for a good cause shown, extend such ninety-day period.
F. 
Cessation of operations. If any licensee shall suspend or cease doing business for 90 consecutive days or more, their Class B intoxicating liquor license and fermented malt beverage license shall be subject to revocation by the Town Board after a public hearing. The Town Board may, for a good cause shown, extend such ninety-day period.
G. 
Transfer of license. No license shall be transferable from person to person except as provided in § 125.04(12)(b), Wis. Stats., or from place to place, except as provided in § 125.04(12)(a), Wis. Stats.
H. 
Location of premises restricted. No retail Class B license shall be issued for any 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 paragraph shall not apply to premises so licensed on June 30, 1947.
I. 
Safety and health requirements. No retail Class B license shall be issued unless the premises to be licensed conform to the sanitary, safety and health requirements of the State Building Code, the State Plumbing Code and the rules and regulations of the State Department of Agriculture, Trade and Consumer Protection applicable to restaurants, and also shall conform to all ordinances and regulations of the Town.
J. 
Operator on duty required. The licensee, a member of his or her immediate family or a licensed operator must be present at all times in the immediate area open to the public where alcohol beverages are being served.
K. 
Town taxes and claims. No license shall be granted for operation on any premises upon which personal property taxes or assessments or other financial claims of the Town are delinquent and unpaid.
L. 
Disorderly conduct and gambling prohibited. Each licensed premises shall at all times be conducted in an orderly manner and no disorderly, riotous or indecent conduct or gambling shall be allowed at any time on any licensed premises.
M. 
Wearing apparel. All persons involved in the operation of any licensed premises under this article, whether as licensee, member of the immediate family of the licensee, licensed operator, unlicensed operator under the supervision of the licensee or licensed operator, waiter, waitress, entertainer, dancer or any other employe, shall observe the following applicable minimum standards for such licensed premises:
(1) 
The costume, uniform or attire of any female shall be of nontransparent material and must completely cover the breasts at all times. The lower portion of such costume, uniform or attire must be of nontransparent material and completely cover the mons pubis genitals and the buttocks at all times.
(2) 
The costume, uniform or attire of any male shall be of nontransparent material and must completely cover the pubic area, genitals and buttocks at all times.
N. 
Posting of licenses required. Licenses or permits issued under this article shall be posted and displayed as provided in § 125.04(10), Wis. Stats., and any licensee or permittee who shall fail to post his or her license or permit as therein required shall be presumed to be operating without a license.
O. 
Live music and dancing. Dancing and live music shall be permitted in any premises holding a "Class B" liquor license, provided that such dancing and music is limited to the building only and does not constitute a nuisance in the neighborhood.
No premises for which an alcohol beverage license has been issued shall remain open for the sale of alcohol beverages, as follows:
A. 
Wholesale license. Between 5:00 p.m. and 8:00 a.m., except Saturdays when the closing hour shall be 9:00 p.m.
B. 
Retail "Class B" license. No premises shall be open for the sale of intoxicating liquor or fermented malt beverage between the hours of 2:00 a.m. to 6:00 a.m., except on Saturday and Sunday the closing hour shall be 2:30 a.m.; on January 1, there are no closing hours.
C. 
Hotels and restaurants. Hotels and restaurants, the principal business of which is the furnishing of food and/or lodging to patrons, shall be permitted to remain open after closing hours for the conduct of regular business, but shall not sell intoxicating liquors or malt beverages during the closing hours stated in Subsection B above.
D. 
Presence on premises after closing hour restricted.
(1) 
Any person who is not an employee of the licensee who remains on the premises after the designated closing hour is subject to the penalties as provided in this chapter.
(2) 
Any person, while on the premises after closing hours, must be actively engaged in bona fide business activities and may not consume alcohol beverages.
A. 
Sale restrictions. Pursuant to § 125.51(3)(b), Wis. Stats., the sale of intoxicating liquor in the original package or container, in any quantity, to be consumed off the premises where sold, is allowed on any premises for which any "Class B" intoxicating liquor license or combination Class B alcohol beverage license has been issued. Packaged goods sales of fermented malt beverages and wine from such premises may also be made in any quantity.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
B. 
Hours of sale. Between the hours of 12:00 midnight and 8:00 a.m., no person may sell any packaged goods from any Class B licensed premises.
A. 
Restrictions. Pursuant to § 125.07(3), Wis. Stats., an underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age may not enter or be on any premises for which a license or permit for the retail sale of alcohol beverages has been issued, for any purpose except the transaction of business pertaining to the licensed premises with or for the licensee or his or her employee. The business may not be amusement or the purchase, receiving or consumption of edibles or beverages or similar activities which normally constitute activities of a customer of the premises.
B. 
Exceptions. Subsection A above shall not apply to:
(1) 
An underage person who is a resident, employee, lodger or boarder on the licensed premises.
(2) 
Licensed restaurants where the principal business is that of a restaurant.
(3) 
A person who is at least 18 years of age and who is working under a contract with the licensee to provide entertainment for customers on the premises.
(4) 
An underage person who enters on Class "B" or "Class B" premises on dates specified by the licensee when no alcohol beverages will be consumed, sold or given away. The licensee shall notify the Town Chairperson of such specified dates; unless all alcohol beverages are stored in a locked portion of the premises, the licensee or a licensed operator must be on the premises at all times.
A. 
Restrictions. Pursuant to § 125.07(4)(b) and (bm), Wis. Stats., no underage person not accompanied by a parent, guardian or spouse who has attained the legal drinking age may knowingly possess or consume alcohol beverages.
B. 
Exceptions. An underage person may possess alcohol beverages if employed by any of the following:
(1) 
A brewer.
(2) 
A fermented malt beverages wholesaler.
(3) 
A permittee other than a Class "B" or "Class B" permittee.
(4) 
A facility for the production of alcohol fuel.
(5) 
A retail licensee or permittee under the conditions specified in §§ 125.32(2) or 125.68(2), Wis. Stats., or for delivery of unopened containers to the home or vehicle of a customer.
C. 
Selling or serving alcohol beverages. Pursuant to §§ 125.32(2) and 125.68(2), Wis. Stats., any underage person who is at least 18 years of age may sell or serve alcohol beverages on any Class B premises, provided that such underage person is under the immediate supervision of the licensee, agent or manager, or a licensed operator, who is on the premises at the time of such sale or service.
A. 
Procedure. Except as hereinafter provided, the provisions of § 125.12(2) and (3), Wis. Stats., shall be applicable to proceedings for revocation or suspension of licenses or permits granted under this article. Revocation or suspension proceedings may be initiated upon written complaint by the Town Chairperson or by the Town Board upon its own motion.
B. 
Repossession of license or permit. Whenever any license or permit shall be revoked or suspended pursuant to this subsection, the Town Clerk shall notify the licensee or permittee and the Town Police Chief of such revocation or suspension, and the Town Chairperson or designee shall take physical possession of the license or permit wherever it may be found and file it in the office of the Clerk.
C. 
Effect of revocation of license. No license shall be issued for any premises if a license covering such premises has been revoked within six months prior to application. No license shall be issued to any person who has had a license issued pursuant to this article revoked within 12 months prior to application.
[Added 9-13-1995 by Ord. No. 95-3]
The Town Clerk is authorized to issue temporary Class "B" Licenses for the sale of fermented malt beverages.
[Added 8-6-2008 by Ord. No. 2008-04]
A. 
Purpose. This article allows for issuance of a provisional operator's license to those applying for a regular operator's license for the service or sale of alcohol beverages. A provisional operator's license may only be issued to:
(1) 
Those persons that have not completed a responsible beverage service course. At the time of application, the applicant for a provisional operator's license must present proof that the applicant is enrolled in a training course under § 125.17(6), Wis. Stats.
(2) 
Those persons who, at the time of application and payment for an operator's license, present a certified copy of a valid operator's license issued by another Wisconsin municipality.
(3) 
Those persons who, at the time of application and payment for an operator's license, meet the requisite training requirement and wish to commence work as an operator before the Board will be able to meet to decide their application.
B. 
Eligibility. Each applicant must be at least 18 years of age and have completed an application form supplied by the Town Clerk. All arrests and convictions of the applicant shall be disclosed on the application or an attached sheet.
C. 
Term. The provisional operator's license shall be effective for 60 days from the date of issue, or until a regular operator's license is issued, whichever is sooner.
D. 
Issuance. Upon written application for an operator's license, the Clerk shall conduct a record check for past crimes or arrests. If the applicant has no past crimes or arrests, the Clerk is authorized to issue a provisional operator's license to the applicant. The Town board shall review the issuance of any such provisional operator's license at the next regularly scheduled Town board meeting, reserving final approval authority. If the applicant does have an arrest or conviction record, the Town board must determine whether the provisional operator's license will be issued.
E. 
Fees. The fee for a provisional operator's license is $15 pursuant to § 125.17(5)(c), Wis. Stats., which fee will then be applied towards the regular operator's license.
F. 
Revocation:
(1) 
The Clerk may revoke a provisional operator's license if:
(a) 
He or she discovers that the holder of the license made a false statement on the application for the license;
(b) 
He or she discovers that the operator license issued by the other Wisconsin municipality is not valid;
(c) 
The Town Board denies the person's application for a regular operator's license.
(2) 
Upon making the decision to revoke, the Clerk shall mail or have a written notice delivered to the license holder notifying the person of the action taken, the reason(s) for such action, and the right to have a license review hearing before the Town board, upon the applicant's request. When a request for a hearing is made, the Board shall follow the general procedures as set forth in § 125.12, Wis. Stats., although no complaint is required. The Clerk shall notify the licensee of the Town Board time scheduled for hearing the matter, by mail or hand delivery. Any mail notice in this article is sufficient if mailed via first-class mail to the last known address of the licensee in an envelope containing the return address of the Town Clerk. No request for a license review hearing is valid when received past the final day the provisional operator's license would have been effective.