The title of this article is the "Town of Whitewater Alcohol
Control Ordinance." The purpose of this article is for the Town to
regulate specific actions at or near any alcohol beverage retail locations
in the Town.
The Town Board has the authority under § 125.10, Wis.
Stats., and under its village powers under § 60.22(3), Wis.
Stats., to regulate the sale at retail or wholesale of alcohol beverages
at premises in the Town to the extent that Town regulations are not
in conflict with state statutes, specifically including the regulation
of underage and intoxicated persons at alcohol beverage retail sale
licensed premises in the Town and the issuance, renewal, revocation,
suspension, and regulation of alcohol retail sale or wholesale sale
licenses or permits, along with the penalties for violations of this
article.
[5-9-2012 by Ord. No.
050912]
The Town Board, by this article adopted by a majority of the
Town Board on a roll call vote with a quorum present and voting and
proper notice having been given, provides for the regulation of actions
and activities at or near alcohol retail sales premises located in
the Town and for regulatory and enforcement authority noted in this
article.
[5-9-2012 by Ord. No.
050912]
As used in this article, the following terms shall have the
meanings indicated:
CONTROLLED SUBSTANCE
A drug, substance, or immediate precursor included in Schedules
I to V of Ch. 961, Subch. II, Wis. Stats.
FERMENTED MALT BEVERAGE
Any beverage made by the alcohol fermentation of an infusion
in potable water of barley malt and hops, with or without unmalted
grains or decorticated and degerminated grains or sugar, containing
0.5% or more of alcohol by volume.
INTOXICATED PERSON
A person whose mental or physical functioning is substantially
impaired as a result of the use of alcohol.
INTOXICATING LIQUOR
All ardent, spiritous, distilled, or vinous liquors, liquids,
or compounds, whether medicated, proprietary, patented or not, and
by whatever name called, containing 0.5% or more of alcohol by volume,
that are beverages, but does not include fermented malt beverages
that contain less than 5% of alcohol by weight.
LICENSE
An authorization to sell alcohol beverages at retail or wholesale
issued by the Town Board or its agent under this article.
LICENSED PREMISES
Any premises at which fermented malt beverages or intoxicating
liquor are sold for consumption upon said premises.
LICENSEE
Any person issued a license under this article and Ch. 125,
Wis. Stats., by the Town.
OPEN FOR BUSINESS
Conducting a business publicly and continuously at regular
business hours during the calendar year.
PERMIT
Any permit issued by the Town under this article.
PERMITTEE
Any person issued a permit by the Town under this article.
PERSON
A natural person, sole proprietorship, partnership, limited
liability, company, corporation, association, or the owner of a single-owner
entity that is disregarded as a separate entity under Ch. 71, Wis.
Stats.
PREMISES
The area described in a license or permit.
REGULATION
Any rule or ordinance adopted by a municipal governing body.
RETAIL
The sale of any alcohol beverages in the Town to any person
other than a person holding a permit or a license under this article
and Ch. 125, Wis. Stats.
RETAILER
Any person who sells, or offers for sale, any alcohol beverages
in the Town to any person other than a person holding a permit or
a license under this article and Ch. 125. Wis. Stats.
SELL, SOLD, SALE OR SELLING
Any transfer of alcohol beverages with consideration or any
transfer without consideration if knowingly made for purposes of evading
the law relating to the sale of alcohol beverages or any shift, device,
scheme, or transaction for obtaining alcohol beverages, including
the solicitation of orders for, or the sale for future delivery of,
alcohol beverages.
SOFT DRINK
Any liquid capable of being used for beverage purposes containing
any degree of alcohol less than 1/2 of 1% by volume.
TOWN
The Town of Whitewater, Walworth County, Wisconsin.
TOWN BOARD
The Board of Supervisors for the Town of Whitewater, Walworth
County, Wisconsin, and includes designees of the Board authorized
to act for the Board.
TOWN CHAIRPERSON
The Chairperson of the Town of Whitewater, Walworth County,
Wisconsin.
TOWN CLERK
The Clerk of the Town of Whitewater, Walworth County, Wisconsin.
UNDER THE INFLUENCE
Not only all the well-known and easily recognized conditions
and degrees of intoxication, but any abnormal mental or physical condition
that is the result of indulging to any degree in alcohol beverages
and that tends to deprive a person of the clearness of intellect and
control of himself or herself that he or she would otherwise possess.
WHOLESALE
The sale, other than by a brewer, manufacturer, or rectifier,
of alcohol beverages to a licensed retailer in the Town or to another
person who holds a permit or license to sell alcohol beverages in
the Town at wholesale.
WINE
Products obtained from the normal alcohol fermentation of
the juice or must of sound, ripe grapes, other fruits, or other agricultural
products, imitation wine, and compounds sold as wine, vermouth, cider,
perry, mead, and sake, if such products contain 0.5% or more of alcohol
by volume.
WIS. STATS.
The Wisconsin Statutes, including successor provisions to
cited statutes.
This article is divided into sections which may be divided into
subsections. Subsections may be divided into paragraphs designated
by numbers. Reference to a "section," "subsection," "paragraph," or
"subdivision" includes all divisions of the referenced section, subsection,
paragraph, or subdivision.
Pursuant to §§ 125.26(6) and 125.51(10), Wis.
Stats., the Town Clerk is authorized to issue temporary Class "B"
fermented malt beverage and wine licenses to bona fide clubs, lodges,
societies, and churches which have been in existence for at least
six months or to veterans' organizations and fair associations.
The fees for alcohol beverage licenses, as set forth in the
fee schedule that shall be kept on file with the Town Clerk, shall
be for the fiscal year ending June 30 of each year.
[5-9-2012 by Ord. No.
050912]
A. In the event any alcohol beverage retail or wholesale sale licensee or permittee violates this article or Ch. 125, Wis. Stats., the Town Board may take disciplinary action, including permit or license suspension for not less than 10 days nor more than 90 days, or permit or license revocation or nonrenewal. Any license or permit that has been revoked shall not be reinstated within the following 12 months. Any disciplinary action taken by the Town Board shall follow notice to the licensee or permittee prior to a hearing in accordance with Subsection
B. The hearing notice shall include the reason for the hearing. The hearing decision of the Town Board shall be sent by first class mail to the licensee's last known address or personally served, at the Town Chairperson's option.
B. In the event disciplinary action is taken against an alcohol beverage
retail or wholesale sale licensee or permittee, the procedure mandated
under § 125.12, Wis. Stats., or its successor, will be followed.
C. There shall be no refund of any alcohol beverage retail or wholesale
sale license or permit fee paid to a party whose license is revoked
or suspended under this article.
D. In lieu of a hearing, the Board may accept surrender of the alcohol
beverage retail or wholesale sale license or permit, and the Board
shall then determine the time period before another application for
the same type of license or permit will be accepted from the former
licensee or permittee.
E. Evidence and testimony at the hearing shall be given in open session.
The Town Clerk shall post or arrange to post the hearing notice or
publish in a format acceptable to the Town Chairperson.
F. Unless no disciplinary action, including reprimand or probation,
is ordered by the Town Board, the alcohol retail sale or wholesale
licensee or permittee shall reimburse the Town for costs of personal
service, mailing, faxing, copies, and any per diem paid for a Town
officer to attend the hearing or other meeting due to a license violation.
Unpaid costs assessed under this subsection shall accrue interest
at the rate of 5% per annum if unpaid after 30 days. Payment is required
before any future alcohol retail or wholesale sale license or permit
is issued or reinstated to the license or permit holder.