[Adopted 2-11-1986 as §§ 12.03 and 12.15
of the 1986 Code]
The provisions of Ch.
125, Wis. Stats., defining and regulating the sale, procurement, dispensing, consumption and transfer of alcohol beverages, including provisions relating to persons under the legal drinking age, are adopted and made a part of this article by reference. A violation of any of such provisions shall constitute a violation of this article.
The following classes and denominations of licenses
may be issued by the Town Clerk under the authority of the Town Board,
upon compliance with law and payment of the fee as provided in the
Town Fee Schedule, which, when so issued, shall permit the holder to sell,
deal or traffic in alcohol beverages as provided in the referenced
state statute:
A. Class "A" fermented malt beverage retailer's license.
See § 125.25, Wis. Stats.
B. Class "B" fermented malt beverage retailer's license.
See § 125.26, Wis. Stats.
(1) Six months. A Class "B" license may be issued at any
time for six months in any calendar year for 50% of the applicable
license fee. Such license shall not be renewable during the calendar
year in which issued. See § 125.26(5), Wis. Stats.
(2) Special event (picnic). See § 125.26(6),
Wis. Stats.
C. Wholesaler's fermented malt beverage license. See
§ 125.28, Wis. Stats.
D. Retail "Class A" liquor license. See § 125.51(2),
Wis. Stats.
E. Retail "Class B" liquor license. A retail "Class B"
liquor license shall permit its holder to sell liquor in original
packages or containers in multiples in any quantity to be consumed
off the licensed premises. See § 125.51(3), Wis. Stats.
[Amended 4-22-2008; 3-23-2021]
(1) A license may be issued after July 1 in any license
year which shall expire on the following June 30. The fee for the
license shall be prorated according to the number of months or fractions
of months remaining until the following June 30.
(2) Licenses valid for six months may be issued at any
time. The fee for such license shall be 50% of the annual license
fee. The license may not be renewed during the calendar year in which
issued. See § 125.51(9), Wis. Stats.
F. Provisional
retail license: See § 125.185, Wis. Stats.
[Added 7-10-2012]
G. Operator's license. See § 125.17, Wis. Stats.
(1) Operators' licenses may be granted to individuals
by the Town Board for the purpose of complying with §§ 125.32(2)
and 125.68(2), Wis. Stats.
(2) Operators' licenses may be issued only on written
application on forms provided by the Town.
(3) Operators' licenses shall be valid for one or two
years and shall expire on June 30 of each year or on June 30 of the
second year after issuance.
(4) A temporary operator's license may be granted in accordance
with the requirements of § 125.17(4), Wis. Stats.
[Added 5-11-1994; amended 4-22-2008]
(5) The fee for an initial operator's license is $30 per
year. The fee for renewal of an operator's license is $25 per year.
[Added 4-22-2008]
H. Provisional operator's license. A provisional operator's
license may be issued by the Town Clerk in accordance with § 125.17(5),
Wis. Stats., only to a person who has applied for an operator's license.
A provisional license may not be issued to any person who has been
denied a license by the Town Board. A provisional license expires
60 days after its issuance or when a regular operator's license is
issued to the holder, whichever is sooner. The fee for a provisional
operator's license is $15.
[Added 4-22-2008]
[Amended 4-22-2008]
All licenses shall be numbered in the order
in which they are issued and shall state clearly the specific premises
for which granted, the date of issuance, the fee paid and the name
of the licensee and, unless sooner revoked, shall expire on June 30
thereafter except as otherwise provided by law.
Every license or permit required under this
article shall be framed and posted and at all times displayed as provided
in § 125.04(10), Wis. Stats. No person shall post such license
or permit any other person to post it upon premises other than those
mentioned in the application or knowingly deface or destroy such license.
[Amended 6-11-1997; 1-12-1999]
A. Suspension/revocation of alcohol beverage licenses by the Town of Woodruff for violations under Ch.
125, Wis. Stats., as they relate to alcohol beverage license regulation. It is the purpose of this section to assure uniformity in suspension/revocation actions taken by the Town against alcohol beverage licenses issued in the Town of Woodruff.
B. Procedure.
(1) The Town Board of Woodruff, hereinafter referred to
as the "Board," shall follow the procedure outline in § 125.12,
Wis. Stats., when taking suspension/revocation action against any
alcohol beverage license issued by the Board.
(2) If the action is initiated by a citizen or a Board
member, the Board may take immediate action and upon notice hold a
hearing under § 125.12, Wis. Stats.
(3) If the action is resulting from the arrest of a license
holder, or agent thereof, and upon conviction in Circuit Court, the
Board shall hold a hearing under § 125.12, Wis. Stats.,
for all second and subsequent convictions.
C. Violations and penalties.
(1) All actions being affirmed by the Board, or any conviction under Ch.
125, Wis. Stats., in Circuit Court against an alcohol beverage license holder, shall be considered as a violation under this section.
(2) Violations shall be counted from the date of said
violation and shall accrue for a period of 36 months.
(3) All actions where the complaint is found true by the
Board shall result in the following penalties:
(a)
First action approved by the Board shall result
in a minimum ten-day to a maximum nineteen-day suspension.
(b)
Second action approved by the Board shall result
in a minimum twenty-day to a maximum twenty-nine-day suspension.
(c)
Third action approved by the Board shall result
in a minimum thirty-day to a maximum forty-day suspension.
(d)
Fourth action approved by the Board shall result
in a twelve-month revocation.
Before renewal of any license issued under this
article is refused, the licensee shall be given written notice of
any charges or violations or the reasons proposed for nonrenewal and
a copy of any proposed motion for nonrenewal and shall have an opportunity
to be heard before the Town Board.
A violation of this article by an authorized
agent or employee of a licensee shall constitute a violation by the
licensee.
In addition to the revocation, suspension or nonrenewal of any license or permit issued under this article, any person found to be in violation of any provision of this article shall be subject to a penalty as provided in §
1-3 of this Code.
[Adopted at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
Any licensee, permittee or bartender of a retail
alcohol beverage establishment covered by a license or permit issued
by the Town who permits an entertainer or an employee to solicit a
drink of any alcohol beverage defined in § 125.02(1), Wis.
Stats., or any other drink from a customer on the premises, or any
entertainer or employee who solicits such drinks from any customer,
is deemed in violation of this article.
Any person who violations any provision of this article, where no other penalty is provided, shall be subject to a penalty as provided in §
1-3 of this Code.