The current and future provisions of Ch. 125, Wis. Stats., defining and regulating the types, sale, procurement, dispensing, and transfer of alcohol beverages, including provisions relating to the penalty to be imposed or the punishment for violation of such statutes, are adopted and made part of this section by reference. A violation of any such provision shall constitute a violation of this section. Any future amendments, revisions, modifications or additions of the statutes incorporated herein are intended to be made part of this article in order to secure uniform statewide regulation of alcohol beverages in this state.
[HISTORY: Adopted by the Town Board of the Town of Ottawa as indicated in article histories. Amendments noted where applicable.]
[Adopted as § 12.03 of the 1987 Code]
A.
Occupancy permit and/or approved plan of operation required. No person on any licensed premises, as defined in this article, shall conduct any transactions regulated by this article unless a licensee holds a valid occupancy permit and/or an approved plan of operation, as may be required, issued by the municipality. The occupancy permit and/or approved plan of operation shall be specific in detail as to what area of the premises shall be licensed for the sale of alcohol beverages. Any violation is grounds for suspension or revocation of any license or permit issued under this article.
B.
Seller's permit required. No person on any licensed premises, as defined in this article, shall conduct any transactions regulated under this article unless a licensee holds and maintains a valid seller's permit as required under § 77.52, Wis. Stats., issued to the premises and licensee described in the license during the period of licensing. Any violation is grounds for suspension or revocation of any license or permit issued under this article.
A written application for any license or permit required by the provisions of this article shall be on the form(s) provided by the Municipal Clerk.
A.
Content. All applications other than operator's licenses shall contain all the information required under § 125.04(3), Wis. Stats., and any other information required by the Municipal Clerk. Operator's license applications shall be on a form prescribed by the Municipal Clerk containing all information deemed necessary, including but not limited to name, residence, and age, plus a written request of the holder of the alcohol beverage license hiring the applicant.
B.
Filing. All applications for licenses and permits to sell alcohol beverages shall be filed with the Clerk of the Municipality in which the premises are located as required by state law. Operator's licenses and licenses issued under § 125.26(6), Wis. Stats., for a picnic or other gathering lasting less than four days must be filed with the Clerk at least 24 hours prior to granting of the license or permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Licenses and permits may be issued by the Municipal Clerk under the authority of the governing body after payment of the appropriate fees and satisfaction of all conditions, which when so issued shall permit the holder to sell, deal or traffic in alcohol beverages as provided in Ch. 125, Wis. Stats.
B.
Fees for the above-noted licenses and permits shall be in such amount as may be established by the governing body from time to time by separate resolution.
C.
Any applicable publication fee and/or application fee and/or investigation fee shall be submitted with the license or permit application as may be established by the governing body from time to time by separate resolution.
D.
The fees for licenses or permits which are not granted shall be refunded after deducting the application fee and all actual publication fees and investigation fees.
E.
Fees for partial licensing or permitting years must be prorated if required by Chapter 125, Wis. Stats. In all cases when an alcohol beverage license or permit is issued for a partial year, a minimum fee of $25 and all actual publication fees and investigation fees must be paid.
F.
Once any license or permit is issued, no return of any payment shall be made regardless or whether the license or permit is used for the entire year.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Upon receipt of a license application under the provisions of this article, the Municipal Clerk shall forward a copy of the application to the appropriate persons to conduct an investigation of the applicant(s) as set forth below.
A.
All alcohol beverage licenses. The Sheriff's Department, Fire Department, Waukesha County Department of Health, and Building Inspector and other persons authorized may conduct an investigation and inspection of the premises mentioned in the application to determine if the premises comply with all applicable regulations, ordinances and laws.
B.
Operator's licenses. The County Sheriff's Department shall conduct an investigation of all applicants to determine the suitability and character of the applicant.
C.
Reports. Upon completion of all investigations, written reports shall be submitted to the Municipal Clerk. The Clerk will then forward the application to the governing body for action.
D.
Review. The governing body may refer any and all licenses to the appropriate committee for review and recommendation prior to action by the governing body.
E.
Fingerprinting discretionary. Any applicant for a license under this article may be fingerprinted by an appropriate authority designated by the Town Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Kinds of licenses and permits.
(2)
Provisional operator's license.
(a)
The Municipal Clerk, upon authorization by the chief presiding officer, may issue a provisional operator's license to an applicant in case of a bona fide emergency. An emergency shall be caused by such things as death, disability, absence of the regular operator on the premises and the like. The chief presiding officer, before authorizing such issuance, shall determine that the applicant has a satisfactory record and probably would be issued a regular operator's license. The license shall be valid for a period of not to exceed 60 days unless sooner revoked by the governing body. The fee for said license shall be set by resolution.
(b)
A municipal governing body or its authorized designee may issue a provisional operator's license to a person who is enrolled in a training course and has applied for a regular operator's license pursuant to § 125.17(6). The fee for said license shall be set by resolution.
(3)
Temporary operator's licenses. Temporary operator's licenses may be granted to individuals pursuant to § 125.17(4), Wis. Stats., by the governing body for the purpose of allowing said individuals to dispense and serve alcohol beverages under a license issued under § 125.26(6) or 125.51(10), Wis. Stats., to a nonprofit organization. No person may hold more than two licenses of this kind per year. Any temporary operator's license issued under this section shall be valid for any period from one day to 14 days, and the period for which it is valid shall be on the license. The fee for said license shall be set by resolution.
B.
The governing body may grant operator's licenses pursuant to this section as it deems fit.
C.
All operator's licenses issued under this section shall expire on June 30 of each year.
D.
All operator's licenses issued under this section entitle the holder thereof to be an operator in any licensed premises in the municipality.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Statutory requirements. Licenses and permits shall be issued only to those persons eligible under Ch. 125, Wis. Stats. Licenses and permits granted in error shall be void.
B.
Health and sanitation requirements. No retail Class A or Class B alcohol beverage license shall be issued for any premises which does not conform to the sanitary, safety and health requirements of the State of Wisconsin, Department of Safety and Professional Services pertaining to buildings electrical and plumbing, to the rules and regulations of the State Department of Agriculture, Trade and Consumer Protection applicable to restaurants, if the premises is licensed to serve food, and to all such rules and regulations as to building, health and sanitation adopted by the municipality, the county, the state or the federal government.
C.
Delinquent taxes, assessments, forfeitures and claims.
(1)
No initial or renewal alcohol beverage license shall be issued for any premises or property for which taxes, assessments, forfeitures, or claims for the municipality are delinquent and unpaid.
(2)
No initial or renewal license or permit shall be issued under this article to any person who:
(a)
Is delinquent in the payment of any taxes, assessments, or other claims owed the municipality.
(b)
Is delinquent in the payment of a forfeiture resulting from the violation of any ordinance of the municipality.
(c)
Is delinquent in the payment of any taxes to the state or county.
(d)
Has any outstanding warrant or capias from any other municipal, state or federal court.
D.
Unenclosed premises.
(1)
No licensee shall permit the consumption of fermented malt beverages or intoxicating liquor on any part of the licensed premises not enclosed within the building, except under permit granted by the Town Board. Application for permit may be made at the time of application for the fermented malt beverage or intoxicating liquor license or may be made at any time during the license year. Such permit may be revoked by the Board at its pleasure at any time.
(2)
No person shall consume or have in his possession fermented malt beverages or intoxicating liquor on any unenclosed part of the licensed premises which is not described in such permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Consent to inspection. Every applicant obtaining a license thereby consents to the entry of the police or other authorized representatives of the municipality or the state at any reasonable time for the purpose of inspection and search, and consents to the removal from said premises of all things found in violation of municipal ordinances or state law and consents to the introduction of such things as evidence in any prosecution that may be brought for such offenses.
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 being used.
C.
Sales on credit prohibited. No retail licensee shall sell or offer to sell any alcohol beverage to any person on credit except by a hotel to a resident guest, by a restaurant to a patron, a club to a bona fide member, and by grocers and pharmacists who maintain a credit system in connection with other purchases. No licensee shall sell alcohol beverages on a passbook or store order, or receive goods, wares, or merchandise in exchange for alcohol beverages.
D.
Orderly conduct required. Every licensed premises shall be conducted in an orderly manner and no disorderly, riotous or indecent conduct shall be allowed.
E.
Gambling prohibited. Gambling shall not be permitted on a licensed premises, unless authorized by state law. Slot machines or other devices of chance are prohibited and shall not be kept on the premises, unless authorized by state law.
F.
Lewd, obscene performances, etc., prohibited. No licensee shall advertise, produce, perform or allow any lewd, obscene, or indecent performance of any kind on the premises.
G.
Sale to intoxicated persons prohibited. No licensee, agent, operator or server shall sell, give, procure or otherwise furnish any alcohol beverages to an intoxicated person.
H.
Underage persons. No licensee shall employ any underage person to serve, sell, dispense, or give away an alcohol beverage unless authorized by state law or the General Code of the Municipality. An operator's license or permit may be issued to an applicant who has attained the age of 18 pursuant to § 125.04(5)(d)2, Wis. Stats. The current and future provisions of § 125.10(2), Wis. Stats., and §§ 125.07(4)(a), (b) and (bm) and 125.09(2), Wis. Stats., are adopted and made a part of this section by reference. A violation of any such provision shall constitute a violation of this section. Any future amendments, revisions, modifications or additions of the statutes incorporated herein are intended to be made part of this article in order to secure uniform statewide regulation of alcohol beverages in this state.
I.
Controlled substance use prohibited. The conviction of any licensee, partner, agent, authorized representative or employee for the use, possession, delivery or intent to deliver of any controlled substance defined and regulated under Ch. 961, Wis. Stats., may be considered grounds for the revocation or suspension of any license provided for in this article.
J.
Regulation of entertainment and entertainers. No Class B licensee shall employ or permit to perform on the premises any entertainer except a member of a band, a vocalist, a piano or organ player or a comedian. All such entertainers shall be fully clothed in such a manner as is acceptable in all public places. No licensee shall allow any entertainment which makes an appeal to prurient interests. Dancing among patrons, but not between patron and employee, is permitted upon permit and with the approval of location by the Fire Chief.
K.
Solicitation of drinks prohibited. No person shall solicit or be allowed to solicit drinks on a licensed premises.
L.
Sign restricting consumption of alcohol beverages beyond licensed premises. Each license holder shall be required to have a sign posted at the exit door of the premises stating that open alcohol beverages shall not be allowed outside of the premises. This shall not apply to licenses issued to hotel or resort facilities where there is not a door leading directly to the outside from the portion of the building used for the sale of intoxicating liquor or fermented malt beverages.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Transfer of licenses.
(1)
The transfer of every alcohol beverage license shall be governed by § 125.04(12), Wis. Stats.
(2)
No transfer of operator's license is permitted.
(3)
If the transfer is approved by the governing body pursuant to § 125.04(12)(b)4, Wis. Stats., all conditions set forth under this article shall be complied with.
(4)
Failure to conform with the terms of license transfer shall be grounds for denial, suspension or revocation of license.
B.
Non-use of license. If a license or permit issued under this article is not used within 60 days after its issuance or its usage is discontinued for a period of 60 days or more, such non-use shall be grounds for cancellation, suspension, revocation or non-renewal of the license or permit in accordance with the provisions of this article and the laws of Wisconsin.
C.
Non-renewal of licenses. Before renewal of any license or permit issued under this article is refused, the licensee or permittee shall be given written notice of any charges or violations or reasons proposed for non-renewal, and shall have an opportunity to be heard before the governing body.
D.
Violations by agents and employees. A violation of this article by an authorized agent or employee of the licensee shall constitute a violation by the licensee.
E.
Closing hours. Closing hours shall be as set by state statute with the following applicable local options:
F.
Local option. The holder of a retail "Class B" liquor license shall be permitted to sell, deal and traffic in intoxicating liquors to be consumed by the glass on the premises where sold or off the premises if the licensee seals the container of intoxicating liquor with a tamper-evident seal before the intoxicating liquor is removed from the premises. The "Class B" license also authorizes the sale of intoxicating liquor in the original package or container, in any quantity, to be consumed off the premises where sold. Off-premises sales shall cease at 12:00 midnight of each day. It is intended by this subsection that the packaged sales from "Class B" licensed premises will not be permitted after 12:00 midnight under the option granted herein.
A.
Whenever the holder of any alcohol beverage license under this article violates any portion of this article, proceedings for the revocation or suspension of the license may be instituted in the manner and under the provisions established under § 125.12, Wis. Stats. In addition, the governing body by its own motion by adoption of a resolution may begin proceedings for the revocation or suspension of such license.
B.
Whenever the governing body or the Municipal Clerk, as agent thereof, is made aware of an incompatibility in the operation of a licensed premises in relation to its surrounding or nearby environment or a licensed premises is in violation of any condition established or required at the issuance of the license or of this Code or the state law, including all requirements regarding the duty to supervise employees, proceedings for the purpose of revoking, establishing new conditions, or continuing the license under previous conditions will be initiated under the same procedures as provided in Subsection A.
C.
Operator's licenses. Suspension or revocation of operator's licenses granted pursuant to this article shall be governed as follows:
(1)
Any committee as established by the governing body may revoke or suspend an operator's license following a hearing held by the committee. Notice shall be mailed to the licensee not less than eight days prior to the hearing or upon personal service of notice not less than two days prior to the hearing.
(2)
Appeal from the decision of the committee may be made by the licensee upon filing a petition for review by the full governing body by presenting the petition and paying a fee of $100 to the Municipal Clerk. The governing body shall schedule a hearing not more than 30 days from the date the appeal is filed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Violations of Ch. 125, Wis. Stats., are subject to penalties prescribed in that chapter, which is incorporated by reference in § 108-1. Except where another penalty is prescribed, any person, firm, corporation or the employee or agent of any licensee under this article who shall violate any provisions set forth shall, upon conviction, be punished by a forfeiture not less than $20 nor more than $400, plus costs of prosecution, and in default of payment of the forfeiture and costs, shall be imprisoned in the County Jail for not more than 90 days. Each day on which the violation continues shall constitute a separate offense.