[HISTORY: Adopted by the Town Board of the
Town of Fulton 9-12-1996 as Ch. 7, § 3f of the 1996 Code. Amendments noted
where applicable.]
A.
Every person, pursuant to Ch. 125, Wis. Stats., and
this chapter, in the Town of Fulton who sells alcohol beverages with
1/2 of 1% of alcohol by volume or more and manufacturers, wholesalers,
retailers and distributors of such beverages in the Town of Fulton
shall seek and obtain the following applicable license or permits
from the Town of Fulton, namely:
B.
The fees for such licenses or permits shall be established
annually by the Town Board of the Town of Fulton. The license or permit
shall be from July 1 of one year to June 30 of the next year.
A.
The application and license or permit shall designate
the premises in the Town of Fulton where the alcohol beverage will
be sold.
B.
If the licensee/permittee becomes disabled, the Town
may, upon application, transfer the license/permit to the licensee's/permittee's
spouse if the spouse qualifies for a license/permit pursuant to Ch.
125, Wis. Stats., and this chapter and the spouse complies with requirements
under Ch. 125, Wis. Stats., for original applicants. However, the
spouse is exempt from payment of the license/permit fee for the year
in which the transfer takes place.
C.
The license/permit to sell alcohol beverages may be
transferred to another premises in the Town of Fulton. Class A and
Class B licenses/permits, managers' licenses and operators' licenses,
pursuant to § 125.04(12), Wis. Stats., are limited to only
one transfer in any license or permit year. Transfers shall cost an
amount as set by the Town Board and shall be payable to the Town Clerk/Treasurer.
The Town Clerk/Treasurer shall promptly notify the State Department
of Revenue of any transfers.
D.
All licenses/permits issued by the Town of Fulton
shall be displayed by the licensee/permittee in an enclosed frame
having a transparent front which allows the license/permit to be clearly
read. The license/permit shall be conspicuously displayed in the room
or place where the activity subject to the license/permit is carried
on.
E.
The application for a license/permit noted herein
shall be provided by the State Department of Revenue. This form shall
be used by the Town of Fulton, except that the Town of Fulton shall
prepare a separate application form for an operator's license or a
manager's license.
F.
The application shall, for any operator's license
or manager's license, include:
(1)
The name of the applicant.
(2)
The address of the applicant.
(3)
The residential and business telephone number of the
applicant, if any.
(4)
The age of the applicant.
(5)
The name of the licensed premises where the alcohol
beverage will be sold.
(6)
The address of the licensed premises where the alcohol
beverage will be sold.
(7)
The business telephone number of the licensed premises
where the alcohol beverage will be sold.
(8)
A history of the applicant relevant to the fitness
of the applicant to hold a license.
(9)
Which license is requested (operator's license or
manager's license).
(10)
The kind of operator's license, if any, for which
the applicant is applying (permanent or temporary).
(11)
Length of applicant residency in State of Wisconsin.
(12)
Any felony record of applicant. If so, was applicant
duly pardoned. If so, by whom?
(13)
Any arrest or conviction record. If so, for what acts?
[Added 3-8-2001; amended 4-14-2020 by Ord. No. 2020-2]
The Town 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. The Town 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. The Town Clerk/Treasurer may, within two business
days of the receipt of an application, issue a provisional operator's
license upon having received a report from the Chief of Police that
the applicant does not have an arrest or conviction record, is not
a habitual law offender or has not been convicted of a felony unless
subsequently pardoned where the circumstances of such arrest or conviction
substantially relate to the circumstances of the job of a licensed
operator for purposes of complying with §§ 125.32(2) and
125.68(2), Wis. Stats. A provisional license may not be issued to
any person who has been denied an operator's license by the Town Board
or who has had his/her operator's license revoked or suspended within
the preceding 12 months. The Town Clerk/Treasurer shall provide an
appropriate application form to be completed in full by the applicant.
The Town Clerk/Treasurer may revoke the provisional license issued
if it is discovered that the holder of the license made a false statement
on the application. Following proof of completion of the responsible
beverage server training course and payment of the appropriate fee,
the Town Clerk/Treasurer or the Town Board may issue an operator's
license to the applicant.
A.
The person subject to this chapter shall comply with
Ch. 125, Wis. Stats., and this chapter.
B.
The Town Clerk/Treasurer of the Town of Fulton shall
provide copies of this chapter at no cost to any applicant requesting
copies under this chapter.
C.
The applicant and any other person subject to this
chapter shall comply as follows:
(1)
No person shall be issued or reissued any of the noted
alcohol beverage licenses/permits in the Town of Fulton until the
appropriate fee has been paid to the Town Clerk/Treasurer of the Town
of Fulton.
(2)
No person shall be issued or reissued any of the noted
alcohol beverage licenses/permits in the Town of Fulton who has failed
to properly and fully complete and submit to the Town Clerk/Treasurer
of the Town of Fulton the application form as developed and provided
by the Town of Fulton.
(3)
Such application, if for a license reissuance, shall
be submitted in a timely manner in order that publication and hearing
can be considered prior to July 1. A late application may be considered,
but the applicant shall pay any additional cost incurred by the Town
of Fulton for publication of hearing costs.
(4)
No person, pursuant to §§ 111.32, 111.321,
111.335 and 125.04, Wis. Stats., shall be issued or reissued any of
the noted alcohol beverage licenses/permits in the Town of Fulton
who has been a habitual law offender or charged and convicted of a
felony unless the person has been duly pardoned.
(5)
Only natural persons that are residents of the State
of Wisconsin for at least 90 days shall be issued or reissued the
noted alcohol beverage licenses/permits in the Town of Fulton, except
a natural person applying for an operator's license or a manager's
license need not be a resident of the State of Wisconsin at the time
of application. However, a natural person must be a resident of the
State of Wisconsin at time of issuance of a manager's license.
(6)
Only natural persons that have attained the legal
drinking age shall be issued or reissued the noted alcohol beverage
licenses/permits in the Town of Fulton, except a natural person applying
for an operator's license need not be of legal drinking age at time
of application. However, a natural person must have attained the age
of 18 at date of issuance of an operator's license.
(7)
Only corporate persons whose agent meets the qualifications
established in § 125.04(6), Wis. Stats., and whose directors
meet the qualifications established in § 125.04(5), Wis.
Stats., shall be issued or reissued the noted alcohol beverage licenses/permits
in the Town of Fulton, except no foreign corporation shall be issued
a Class B license/permit.
(8)
No person shall be issued or reissued a Class B license/permit
in the Town of Fulton until the premises complies with the rules promulgated
by the State Department of Health and Family Services governing sanitation
in restaurants.
(9)
No person shall be issued or reissued a Class A license/permit
or a Class B license/permit in the Town of Fulton until the premises
complies with the Town of Fulton Building Code and Plumbing Code or
the State of Wisconsin Building Code and Plumbing Code.
(10)
No person shall be issued or reissued a "Class A"
or "Class B" intoxicating liquor license/permit in the Town of Fulton
who does not, at the time of application, have a building on the premises
for the purpose of utilizing the license or permit. No person shall
be issued or reissued the license/permit until the building has been
constructed and the building complies with all federal, state, County
of Rock and Town of Fulton laws, regulations and ordinances, including
but not limited to fire, Sanitation, Electrical, Plumbing and Building
Codes. If the building where alcohol beverages are sold is destroyed,
the license or permit issued by the Town of Fulton shall remain valid
until expiration of the license or permit term and, in addition, the
person issued the license or permit shall have 150 days after expiration
to complete construction of a new building for reissuance of a new
license/permit.
(a)
The Town Board of the Town of Fulton, at its
option, may waive the construction completion requirement if the Town
Board:
[1]
Believes the applicant has the intent to construct
a premises.
[2]
Receives from the applicant written plans or
written contracts submitted as proof of construction.
[3]
Receives a signed sworn statement from the applicant
that the applicant will construct a building for retail alcohol beverage
sales and that the building will be completed for actual business
operations and in conformity with State of Wisconsin and Town of Fulton
laws, regulations and ordinances within 150 days after the submittal
of the application.
(b)
This license/permit shall be issued upon conditions
of completeness. If the building is not completed by the above-noted
time period and if the building does not meet the State of Wisconsin
and Town of Fulton laws, regulations and ordinances, then the license/permit
will be invalid and the applicant will need to reapply for a license
or permit.
(11)
No person may procure for, sell, dispense or give
away alcohol beverages in the Town of Fulton to any underage person
not accompanied by his or her parent, guardian or spouse who has attained
the legal drinking age. No licensee or permitted may sell, vend, deal
or traffic in alcohol beverages to or with any underage person not
accompanied by his or her parent, guardian or spouse who has attained
the legal drinking age.
(12)
No adult person in the Town of Fulton may knowingly
permit or fail to take action to prevent the illegal consumption of
alcohol beverages by any underage person on premises owned by the
adult or under the control of the adult. This provision does not apply
to alcohol beverages used exclusively as part of a religious ceremony.
(13)
No adult person in the Town of Fulton may intentionally
encourage or contribute to any underage person procuring alcohol beverages,
entering a licensed or permitted premises in violation of § 125.07(3),
Wis. Stats., falsely representing his or her age for the purpose of
receiving alcohol beverages from a licensee or permittee or knowingly
possessing or consuming alcohol beverages unless allowed pursuant
to § 125.07(4), Wis. Stats.
(14)
No person may procure for, sell, dispense or give
away alcohol beverages in the Town of Fulton to a person who is intoxicated.
No licensee or permittee in the Town of Fulton may sell, vend, deal
or traffic in alcohol beverages to or with a person who is intoxicated.
No underage person in the Town of Fulton, not accompanied by his or
her parent, guardian or spouse who has attained the legal drinking
age, may enter, knowingly attempt to enter or be on any licensed or
permitted premises for any purpose except those specific purposes
noted in § 125.07(3), Wis. Stats.
(15)
No person as owner or lessee or in charge of a public
place or public facility in the Town of Fulton may permit the consumption
of alcohol beverages on the premises of the public place unless the
person has the appropriate retail alcohol beverage license or permit
issued by the Town of Fulton. This provision does not apply to the
Town of Fulton, other municipal units in the Town of Fulton, buildings
and parks owned by the County of Rock, regularly established athletic
fields and stadiums, school buildings, churches and premises in a
state fair park or clubs. No person in the Town of Fulton may possess
or consume alcohol beverages on school premises, in a motor vehicle
if a pupil attending the school is in the motor vehicle or while participating
in a school-sponsored activity. This provision may be waived by the
school administration consistent with applicable state laws, with
Town of Fulton ordinances and with policies of the school board.
(16)
No person shall produce or perform in an obscene performance
in the Town of Fulton in violation of the provisions of § 944.211,
Wis. Stats.
[Added 11-13-2007]
(17)
No person shall solicit prostitutes in the Town of
Fulton in violation of the provisions of § 944.32 Wis. Stats.,
or keep a place of prostitution in the Town of Fulton, in violation
of the provisions of § 944.34, Wis. Stats., or engage in
pandering in the Town of Fulton in violation of the provisions of
§ 944.33, Wis. Stats.
[Added 11-13-2007]
(18)
No person shall solicit drinks in the Town of Fulton
in violation of § 944.36, Wis. Stats.
[Added 11-13-2007]
(19)
No person shall engage in gambling or related activities
in the Town of Fulton in violation of the provisions of § 945.02,
945.03, 945.04, 945.041, Wis. Stats.
[Added 11-13-2007]
(20)
No person shall keep or maintain a disorderly licensed
premises in the Town of Fulton in violation of the provisions of § 947.01,
Wis. Stats.
[Added 11-13-2007]
(21)
No person shall be convicted of a criminal offense
related to homicide and physical harm to others in the Town of Fulton
in violation of the provisions of §§ 940.02, 940.03,
940.05, 940.06, 940.07, 940.08, 940.09, 940.10, 940.19, 940.20, 940.21,
940.225, 940.23, 940.24, 940.25, 940.291, 940.30, 940.31, Wis. Stats.
[Added 11-13-2007]
(22)
No person shall manufacture, distribute or deliver
a controlled substance or a controlled substance analogue under § 961.41(1),
Wis. Stats.; possess, with the intent to manufacture, distribute or
deliver a controlled substance or a controlled substance analogue
under § 961.41(1m), Wis. Stats.; or possess, with the intent
to manufacture, distribute or deliver, or manufacture, distribute
or deliver a controlled substance or controlled substance analogue
under a substantially similar federal law or substantially similar
law of another state.
[Added 11-13-2007]
(23)
No person shall possess any of the materials listed
in § 961.61, Wis. Stats., with intent to manufacture methamphetamine
under that subsection or under a federal law or law of another state
that is substantially similar to § 961.65, Wis. Stats.
[Added 11-13-2007]
(24)
No person shall knowingly allow another person who
is on the premises for which the license under this chapter is issued
to possess with intent to manufacture, distribute or deliver or to
manufacture, distribute or deliver a controlled substance or controlled
substance analogue.
[Added 11-13-2007]
(25)
No person shall knowingly allow another person who
is on the premises for which the license under this chapter is issued
to possess any of the materials listed in § 961.65, Wis.
Stats., with the intent to manufacture methamphetamine.
[Added 11-13-2007]
(26)
No person shall knowingly resist or obstruct an officer
while such officer is doing an act in an official capacity and with
lawful authority in violation of § 946.41 Wis. Stats.
[Added 11-13-2007]
(27)
No person shall permit music to be performed, played
or otherwise broadcast outside on or from a licensed premises during
the following time periods:
[Added 11-13-2007; amended 1-10-2017]
[Added 3-13-2002]
A.
It shall be unlawful for any person to have in his
or her possession any container not having a tamper-evident seal partially
filled with alcohol beverages except when such person is on premises
which are duly licensed for the sale of alcohol beverages or except
when any person or his or her guests are within said person's own
residence or upon his or her own residence premises and have obtained
the legal drinking age. "Residence premises" includes those driveways,
parking areas or lawn areas used exclusively for the residents and
guests of the premises involved but does not include those driveways,
parking areas or lawn areas which are available for use by the general
public, are available for use by patrons of any business establishment,
or are available for the combined use for both residents of the premises
involved and patrons of the premises involved and/or the general public.
[Amended 5-11-2021 by Ord. No. 2021-04]
B.
Premises licensed for the sale of alcohol beverages
(except premises for which temporary Class "B" beer licenses and temporary
"Class B" wine licenses have been issued) are defined as a room and
rooms on the ground floor of the building which is or are located
within the front or street door and the rear door of said license
premises and shall exclude any entryway which may be located outside
of any front or rear door of said license premises, unless specific
areas are otherwise approved by the Town Board upon application by
the licensee.
C.
The person holding the license for said premises and
any employee or employees shall be responsible for enforcing the provisions
of this section and shall be subject to the penalty provided in this
section if he or she permits any person to carry out of said licensed
premises any partially filled container of alcohol beverages unless
the container has a tamper-evident seal.
[Amended 5-11-2021 by Ord. No. 2021-04]
A.
The Town of Fulton shall issue no more "Class A" intoxicating
liquor licenses, "Class B" intoxicating liquor licenses, Class "A"
fermented malt beverage licenses or Class "B" fermented malt beverage
licenses than allowed by § 125.51, Wis. Stats.
B.
The above-noted quotas shall not operate to terminate
any license issued at time of the effective date of this chapter.
Any application for a "Class B" intoxicating liquor license received
by the Town Clerk/Treasurer of the Town of Fulton prior to the effective
date of this chapter shall not be affected by this chapter. However,
the Town Clerk/Treasurer shall not accept applications after the quota
for a particular year has been filled in the Town of Fulton. This
provision does not apply to deaths or transfers.
C.
The Town Board of the Town of Fulton, after public
hearing, shall have the right to limit the number of Class A fermented
malt beverage and intoxicating liquor licenses or permits issued after
enactment of this chapter in the Town of Fulton. The Town Board of
the Town of Fulton shall not have the power, under the specific provisions
of this chapter, to revoke any license or permit currently existing
at the time of enactment of this chapter.
D.
The Town Board of the Town of Fulton has, after a
duly noticed public hearing, after due deliberation among the members
of the Town Board of the Town of Fulton and after finding the following
limitation to be in the public good, established, under this chapter,
the number of licenses or permits as follows:
[Amended 11-13-2007]
A.
Purpose. The purpose of this section is to administratively interpret those provisions of this section relating to establishing an alcohol beverage license or permit demerit point system to assist in determining which license or permit holders should be subject to suspension, revocation or nonrenewal procedures. The demerit point values and procedures described in this section shall apply to the suspension, revocation or nonrenewal of alcohol beverage licenses or permits issued pursuant to §§ 260-2, 260-4 and 260-7 of this Code of Ordinances.
B.
Point schedule.
(1)
The scale of demerit points is listed according to the type of alcohol beverage license or permit violation. This demerit point system is used to identify habitually troublesome license holders who have repeatedly violated the provisions of state statutes and Chapter 260 of this Code of Ordinances for the purpose of recommending suspension, revocation or nonrenewal of their alcohol beverage license or permit.
|
Code Section, Type of Violation
|
Point Value
| |
|---|---|---|
|
25
| ||
|
§ 260-1, failure to be licensed
|
50
| |
|
§ 260-4C(11), providing alcohol to underage person
|
25
| |
|
§ 260-4C(14), providing alcohol to known intoxicated person
|
25
| |
|
§ 260-4C(13), underage person on premises
|
25
| |
|
§ 260-4C(7), corporation and agent responsibility violations
|
25
| |
|
§ 260-4A, on-premises consumption-Class A
|
25
| |
|
§ 260-4A, wholesalers restrictions
|
25
| |
|
§ 260-4C(2), false statement application
|
50
| |
|
§ 260-2C, transfer of license without permission
|
50
| |
|
§ 260-4A, sale or dispensing off-premises
|
25
| |
|
§ 260-2D, failure to post license
|
25
| |
|
§ 260-4C(19), gambling
|
25
| |
|
§ 260-9C, no licensed bartender
|
50
| |
|
§ 260-4A, open during prohibited hours of operation
|
25
| |
|
§ 260-4A, after hours consumption-Class B
|
25
| |
|
25
| ||
|
§ 260-5C, leaving licensed premises with open container
|
25
| |
|
§ 260-4A, operating disorderly premises
|
25
| |
|
§ 260-4A, carryout after hours of operation
|
25
| |
|
§ 260-4C(16), conviction of criminal offense related to obscene performance
|
25
| |
|
§ 260-4C(17), conviction of criminal offense related to keeping a place of prostitution or soliciting prostitutes
|
50
| |
|
§ 260-4C(17), conviction of criminal offense related to pandering
|
50
| |
|
§ 260-4C(19), conviction of criminal offense related to gambling
|
50
| |
|
§ 260-4C(21), conviction of criminal offense related to homicide and physical harm to others
|
100
| |
|
§ 260-4C(22), conviction of manufacturing, distributing or delivering controlled substance or controlled substance analogue
|
100
| |
|
§ 260-4C(24), knowingly allowing another person who is on the premises to possess, with intent to manufacture, distribute or deliver a controlled substance or a controlled substance analogue
|
100
| |
|
§ 260-4C(26), obstructing an officer
|
50
| |
|
§ 260-4C(27), outdoor music violation
|
25
| |
|
Any other nonenumerated violation of Chapter 260
|
25
|
(2)
In construing the number of points to be assessed
for an alleged violation, it is the section rather than the type of
violation which shall control.
C.
Violations; how calculated. In determining the accumulated
demerit points against a license or permit within 12 months, the Town
shall use the date each violation was committed as the basis for the
determination.
D.
Suspension, revocation or nonrenewal of license or
permit.
(1)
The Town Board shall call before it for purposes of
a revocation, suspension or nonrenewal hearing all licensees or permittees
who have accumulated 100 or more points in a twelve-month period,
150 or more points in a twenty-four-month period, or 200 or more points
in a thirty-six-month period, based upon court-imposed convictions
or adjudications. Demerit points may be assessed, and any suspension,
revocation or nonrenewal may be imposed against one license or permit
without affecting the continued use of any other license or permit
held by the licensee or permittee. The Town Board may also initiate
a revocation or suspension hearing on the licensee or permittee who
is the subject of a pending criminal charge, or who has been convicted
of any felony, misdemeanor or other offense, the circumstances of
which substantially relate to the licensed activity, regardless of
whether such charge or conviction is included in the demerit point
schedule.
(2)
If the demerit point accumulation calculated from
the date of violation meets or exceeds 100 points in a twelve-month
period, 150 points in a twenty-four-month period or 200 points in
a thirty-six-month period, the license or permit of the licensee or
permittee shall be suspended, revoked or nonrenewed. If the license
or permit is suspended, the period of suspension shall be for not
less than 10 days, nor more than 90 days. If the license or permit
is revoked or not renewed, no other license or permit shall be granted
to such licensee or permittee or for such premises for a period 12
months from the date of revocation or nonrenewal. Nonrenewal of licenses
or permits shall be effective upon expiration of the existing license
or permit. Revocation or suspension of the license permit shall be
effective seven business days following the Town Board determination
concerning suspension or revocation.
(3)
If the licensee or permittee, as a regular part of
its business, offers prepared food for consumption on premises, that
part of the business of the licensee or permittee may continue. Provided,
however, that no alcohol beverages may be served or consumed on premises
until such time as the licensee or permittee holds a valid alcohol
beverage license or permit. The business premises of any such licensee
or permittee shall be subject to periodic inspections by the Town
to insure compliance with the requirement that no alcohol beverages
will be served or consumed on premises. If, as a result of said inspections
or otherwise, it is established that violations of the provision prohibiting
service or consumption of alcohol beverages occurs, further points
may be assessed under this section and/or the Town Board may institute
appropriate action or proceed to enjoin a violation of this section
or cause said business to be closed.
E.
Procedure for suspension, revocation or nonrenewal.
The Town Board shall provide the licensee or permittee a hearing prior
to nonrenewal, suspension or revocation of the license or permit.
The notice to the licensee or permittee on the nonrenewal, suspension
or revocation shall be in writing prior to the hearing and shall state
the reasons for the intended action by the Town Board. The Town Board
shall conduct such hearing in conformity with the requirements of
§ 125.12(2)(b), Wis. Stats.
[Amended 9-9-2014]
The Town Board of the Town of Fulton has established
the following grounds for denial of an issuance or reissuance of an
operator's license or manager's license: conviction for alcohol beverages
related offense within 365 days prior to application for license or
permit in the Town of Fulton.
A.
Licensed or permitted premises shall be operated by
the licensee, permittee, operator or manager in an orderly manner.
No person shall dance or allow any person to dance in any licensed
or permitted premises unless a dance license or permit has been obtained.
No persons shall cause, allow or permit any person to act disorderly,
riotous, or with indecent conduct on the licensed or permitted premises.
No licensee or permittee shall employ any underage person to work
in or allow any underage person to enter a licensed or permitted premises
without fully complying with Ch. 125, Wis. Stats.
B.
No person shall operate any licensed or permitted
premises for alcohol beverage consumption in the Town of Fulton without
maintaining the following:
(1)
A sign posted at each entry and exit location in letters
at least one inch in height stating "No alcohol beverages may be carried
out of this building in any open containers and no alcohol beverages
shall be consumed on the grounds of these premises out of this building."
(2)
A sign posted in at least two conspicuous public locations
in the building of the licensed or permitted premises in letters at
least one inch in height stating "No person shall be sold, provided
or served alcohol beverages in this building who is intoxicated."
C.
As a condition of issuance of a temporary Class "B"
picnic license, each applicant shall guarantee to the Town of Fulton
that at least two persons holding operators' licenses or one business
licensed person and one operator licensed person will be working at
the licensed premises.
A.
Any person convicted of a second offense under this
chapter, in addition to the penalties, shall automatically forfeit
any alcohol beverage license or permit issued by the Town of Fulton
without notice. Any person whose license or permit has been revoked
under this chapter shall not be reissued a license or permit for a
period of 12 months from the date of revocation.[1]
B.
The Town Board of the Town of Fulton may, by order,
temporarily close any licensed or permitted premises during any civil
disturbance, riot, labor disturbance, strike or other civil emergency
declared by the Town Board of the Town of Fulton.
[Amended 6-13-2002]
A.
Initial or renewal license. No initial or renewal
license to sell alcohol beverages shall be granted to any person operating
a premises in violation of this section nor shall any licensed premises
be permitted to operate in violation of this section.[1]
B.
C.
Improper exhibitions. It shall be unlawful for any
licensee, manager, employee or agent of the licensee to permit adult
entertainment or to otherwise operate an adult-oriented establishment.
D.
Penalty. Any licensee upon whose licensed premises a violation of any of the provisions of this section occurs or any person who violates any of the provisions of this section shall be subject to revocation, suspension or nonrenewal of his, her or its license as provided in this chapter. Any person who violates any of the provisions of this section shall be further subject to forfeitures as provided in Chapter 1, § 1-4 and Chapter 20, Citations, of this Code. A separate offense shall be deemed committed on each day on which a violation occurs or continues.[2]
[Added 7-13-2000]
A.
Any underage person who does any of the following
is guilty of a violation:
(1)
Procures or attempts to procure alcohol beverages
from a licensee or permittee.
(2)
Unless accompanied by a parent, guardian or spouse
who has obtained the legal drinking age, possesses or consumes alcohol
beverages on licensed premises.
(3)
Enters, knowingly attempts to enter, or is on a licensed
premises unless accompanied by his or her parent, guardian or spouse
who has attained the legal drinking age for any purpose except the
transaction of business pertaining to the licensed premises with or
for the licensee or his or her employee. 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.
(4)
Falsely represents his or her age for the purpose
of receiving alcohol beverages from a licensee or permittee.
(5)
Knowingly possesses or consumes alcohol beverages
unless accompanied by his or her parent, guardian or spouse who has
obtained the legal drinking age.
As used in this section, the following terms
shall have the meaning indicated:
Conduct in a public or private place that is violent, abusive,
indecent, profane, boisterous, unreasonably loud or otherwise disorderly
under circumstances in which the conduct leads to cause or provoke
a disturbance.
A crime punishable by imprisonment in the Wisconsin state
prison system.
A corporation not formed under the laws of the State of Wisconsin.
Premises described in licenses issued by cities, villages
or towns under their license authority.
A writing, picture, sound recording or film which:
The average person, applying contemporary community
standards, would find appeals to the prudent interest if taken as
a whole;
Under contemporary community standards, describes
or shows sexual conduct in a patently offensive way; and
Lacks serious literary, artistic, political,
educational or scientific value, if taken as a whole.
To pimp; to cater to the gratification of the lust of another
person.
An arena, coliseum, related exposition facility or center
for the performing or visual arts.
Any conduct or behavior relating to sexual activities of
the complaining witness, including but not limited to prior experience
or sexual intercourse or sexual contact, use of contraceptives, living
arrangement and lifestyle.
