[HISTORY: Adopted by the Town Board of the Town of Seymour
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-9-2017 as
Ch. 19 of the 2017 Code]
The provisions of Chapter 125 of the Wisconsin Statutes relating
to the sale of intoxicating liquor and fermented malt beverages, except
§§ 125.09(6), 125.11, 125.66(3), 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, the penalty
for commission of such offenses limited to a forfeiture imposed under
this article, are hereby adopted and made part of this article by
reference.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
When required. No person shall distribute, vend, sell, offer or keep
for sale at retail or wholesale, deal or traffic in, or, for the purpose
of evading any law or ordinance, give away any intoxicating liquor
or fermented malt beverage, or cause the same to be done, or tobacco
or cigarettes, without having procured a license or permit as provided
in this section or without complying with all of the provisions of
this article and all statutes, ordinances and regulations of the state
and the Town applicable thereto.
B.
License fees. There shall be the following classes and denominations
of licenses which, when issued by the Town Clerk under the authority
of the Town Board after payment of the fees established in the Town
fee schedule, shall permit the holder to sell, deal or traffic in
intoxicating liquor, fermented malt beverages, tobacco or cigarettes:
A.
Sale of licensed business. In the event of a licensed tavern business
being sold during the license year, the Town Clerk may not issue a
license to the new owner until the Town Clerk is furnished receipts
showing that there are no delinquent real estate taxes or delinquent
personal property taxes and that the sewer and water services, if
any, are all paid. An estimated amount for personal property taxes
shall be provided by the Town Treasurer and an amount sufficient escrowed
pending issuance of the final personal property tax bill.
B.
Location of premises. No retail Class "B" fermented malt beverage
license or liquor license shall hereafter be issued for premises less
than 300 feet from any established public or parochial school, hospital
or church. Such distance shall be measured by the shortest route along
the highway from the closest point of the boundary of such school,
church or hospital to the closest entrance to such premises.
C.
Application process. Liquor license applications issued at the May
Town Board meeting must be filed with the Town Clerk no later than
May 1. Failure to meet the filing deadline will result in a late fee
established in the Town fee schedule, payable to the "Town of Seymour."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Delinquent taxes and assessments.
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 law enforcement official employed by the Town of Seymour
without any warrant, and the application for a license hereunder shall
be deemed a consent to this provision. Any refusal to permit such
inspection shall constitute grounds for revocation of any license
issued hereunder and shall be deemed a violation of this section.
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 license or
permit as therein required shall be presumed to be operating without
a license.
A.
Restrictions on sales. Provisions of § 125.07, Wis. Stats.,
relating to the sale of alcohol and malt beverages to minors and intoxicated
persons and all other provisions thereunder are specifically adopted
as part of this article.
B.
Safety and sanitation requirements. Each licensed premises shall
be maintained and conducted in a sanitary manner and shall be a safe
and proper place for the purpose for which used.
Except as hereinafter provided, the provisions of § 125.12,
Wis. Stats., shall be applicable to proceedings for the revocation
or suspension of all licenses or permits granted under this article.
Revocation or suspension proceedings may be instituted by the Town
Board upon its own motion by adoption of a resolution.
A.
No premises for which a retail Class "B" license has been issued
shall be permitted to remain open at any times in violation of § 125.32(3),
Wis. Stats.
B.
It shall be unlawful for any person to remain in such licensed premises
during any of the time during which said premises are required to
be vacated and closed as herein provided. In the event the owner or
operator of any licensed premises desires to be present upon such
premises for the purpose of making repairs or performing work incidental
to the care or maintenance of said premises during that time when
the same is required to be vacated and closed, he may make application
for such permission, specifying the date, time and purpose for which
the same is desired, to the Town Constable, and said Town Constable,
after investigating the application, shall issue a permit for the
purpose to be indicated upon such permit, after having concluded that
the application and purpose designated are bona fide, and it is further
provided that during the time the owner or operator, as specified
in said permit, is upon such licensed premises during the time when
the same would otherwise be required to be vacated and closed, said
premises shall be fully lighted, and such owner, operator, or employees
shall, upon demand of any police officer, immediately admit such officer
for the purpose of making an investigation upon such licensed premises
as such officer in his discretion may determine.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Licenses may be granted which shall expire on the 30th day of
June of each year, upon payment of such proportion of the annual license
fee as the number of months or fraction of a month remaining until
June 30 of each year bears to 12.
A.
Attire and conduct. The following acts or conduct on licensed premises
is deemed contrary to public welfare and morals, and therefore no
license for sale of intoxicating liquors or malt beverages for consumption
on the premises shall be held at any premises where such conduct or
acts are permitted:
(1)
To employ or use any person in the sale or service of alcohol beverages
in or upon the licensed premises while such person is unclothed or
in such attire, costume or clothing as to expose to view any portion
of the female breast below the top of the areola or any portion of
the pubic hair, anus, cleft of the buttocks, vulva or genitals.
(2)
To employ or use the services of any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire, costume or clothing as described in § 135-10A(1) above.
(3)
To encourage or permit any person on the licensed premises to touch,
caress or fondle the breasts, buttocks, anus or genitals of any other
person.
(4)
To permit any employee or person to wear or use any device or covering
exposed to view which simulates the breast, genitals, anus, pubic
hair, or any portion thereof.
B.
Entertainment and conduct. Live entertainment is permitted on a licensed
premises, except that the following acts or conduct is deemed contrary
to public welfare and morals and therefore shall be prohibited on
any premises licensed for the sale of intoxicating liquor or malt
beverages and the consumption on premises:
(1)
No licensee shall permit any person to perform acts of or acts which
simulate:
(a)
Sexual intercourse, masturbation, sodomy, bestiality, oral copulation,
flagellation or any sexual acts which are prohibited by law.
(b)
The touching, caressing or fondling on the breasts, buttocks,
anus or genitals.
(c)
The displaying or exposing to view of any portion of the pubic
hair area, anus, vulva or genitals, or any female exposing to view
any portion of the breasts below the top of the areola, or any simulation
thereof.
(2)
No licensee shall permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described in § 135-10B(1).
(3)
No licensee shall permit any person to remain in or upon the licensed
premises who exposes in public view any portion of his or her genitals
or anus.
C.
Visual displays. The showing of films, still pictures, electronic reproduction, or other visual reproductions depicting conduct prohibited, if performed by a live entertainer under § 135-10B above, is also deemed contrary to welfare and morals and, therefore, not permitted on premises licensed for the sale of intoxicating liquor or malt beverages to be consumed on the premises.
A.
The penalty for violation of any provision of this article shall
be a forfeiture as herein provided plus court costs permitted under
Wisconsin Statutes.
B.
State forfeiture statute. Forfeitures for violation of any statute adopted in § 135-1 shall conform to the forfeiture permitted to be imposed for violation of the statute adopted by reference, including any variations or increases for subsequent offenses.
C.
State statutes fine. The forfeiture for violation of any statute
adopted by reference hereunder for which a penalty is a fine shall
not exceed the maximum fine permitted under such statute.
D.
Local regulations. The penalty for violation of any other section
of this article, unless specified otherwise, shall be a fine not less
than $10 nor more than $500. In the case of a juvenile, the penalty
provisions may include a disposition which is hereby incorporated
by reference from § 938.344, Wis. Stats. In addition to
any penalty imposed under this article, any violation may be used
in any proceedings regarding the suspension, nonrenewal or revocation
of any license issued under this article.
E.
When a liquor license has been received after the deadline date,
a penalty will be imposed. The penalty includes the additional cost
of advertising the liquor license notice and if necessary the cost
of an additional Town Board meeting. This payment is to be received
prior to the approval of the license.
[Added 12-13-2018 by Ord.
No. 12-13-18]
Should any portion of this article be declared invalid by a
court of competent jurisdiction, such decision shall not affect the
validity of this article in its entirety or any part thereof other
than that so declared to be invalid.
