[HISTORY: Adopted by the Town Board of the
Town of Ledgeview as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-1-2004 by Ord. No. 2004-012]
The provisions of Ch. 125, Wis. Stats., defining
and regulating the sale, procurement, dispensing and transfer of alcohol
beverages, including provisions relating to persons under the legal
drinking age, are adopted and made a part of this section by reference.
A violation of any of such provisions shall constitute a violation
of this section.
A.
Except as provided by Wis. Stats. § 125.06,
within the Town of Ledgeview no person shall sell, manufacture, rectify,
brew or engage in any other activity for which this article or Wis.
Stats. Ch. 125 requires a license, permit or other type of authorization
without holding the appropriate license, permit or authorization as
provided in this article. See Wis. Stats. § 125.04(1).
B.
No license shall be issued to any person except as
provided in this article. Any license issued in violation of this
article is void.
A.
Application for a license to sell or deal in intoxicating
liquor or fermented malt beverages shall be made in writing on forms
prescribed by the Wisconsin Department of Revenue and filed with the
Town Clerk at least 15 days prior to issuance. The application shall
require all of the following information:
(1)
A history of the applicant relevant to the applicant's
fitness to hold a license or permit;
(2)
The kind of license or permit for which the applicant
is applying;
(3)
The premises where alcohol beverages will be sold
or stored, or both, shall be physically described, including every
room and storage space to be covered by the license and including
all rooms joined by connecting entrances or not separated by a solid
wall;
(4)
If the applicant is a corporation, the identity of
the corporate officers and agent; if the applicant is a limited liability
company, the identity of the company members or managers and agent;
(5)
The applicant's trade name, if any; and
(6)
Any other information required by this article.
B.
The application shall be signed and sworn to by an
oath or affidavit required or authorized by law taken before a notary
public or Town clerk within the territory in which the officer is
authorized to act and, when certified by the officer to have been
taken before him or her, may be read and used in any court and before
any officer, board or commission.
C.
Prior to issuance of a license under this section,
the Town Clerk shall publish notice of the application in the official
Town newspaper. The publication shall be printed in a daily newspaper
on three successive occasions or, if a weekly newspaper is utilized,
it shall be printed at least once.
By July 15 of each year, the Clerk shall forward
to the State Department of Revenue a list containing the name, address
and trade name of each person holding a license issued under this
section, except a Temporary Class "B" or operator's license.
Licenses related to alcohol beverages, issued
to natural persons under this article, shall be issued only to persons
who fulfill all of the following requirements. See Wis. Stats. § 125.04(5).
A.
Do not have an arrest or conviction record, subject
to Wis. Stats. §§ 111.321, 111.322, 111.335 and 125.12(1)(b);
B.
Have been residents of this state continuously for
at least 90 days prior to the date of application;
C.
Have attained the legal drinking age;
D.
Have submitted proof that the person to whom such
license is to be issued is the holder of a seller's permit;
E.
Have successfully completed within the two years prior
to the date of application a responsible beverage server training
course at any location that is offered by a technical college district
and that conforms to curriculum guidelines specified by the technical
college system board or a comparable training course that is approved
by the department or the educational approval board. This subdivision
does not apply to an applicant who held, or who was an agent, appointed
and approved, of a corporation or limited liability company that held,
within the past two years, a Class "A," "Class A," Class "B" or "Class
B" license or an operator's license;
F.
No license related to alcohol beverages shall, subject
to Wis. Stats. §§ 111.321, 111.322, 111.335, be issued
under this article to any person who has habitually been a law offender
or has been convicted of a felony unless the person has been duly
pardoned.
G.
No corporation or limited liability company organized
under the laws of this state, any other state or foreign country shall
be issued any alcohol beverage license unless such corporation meets
the requirements of Wis. Stats. § 125.04(6).
H.
No licensee shall employ any underage person who does
not have a valid operator's license to serve, sell, dispense or give
away any alcohol beverage.
I.
No club shall sell intoxicating liquors or fermented
malt beverages except to members and guests invited by members.
No license for the sale of alcohol beverages
shall be delivered to the applicant until the applicant pays the appropriate
fee. See Wis. Stats. § 125.04(8).
Except for licensed public warehouses, a license
shall be required for each location or premises where alcohol beverages
are stored, sold or offered for sale. See Wis. Stats. § 125.04(9).
Every license or permit required under this
section shall be framed and posted and at all times displayed as provided
in Wis. Stats. § 125.04(10). 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.
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.
A.
No license shall be transferable as to licensee except
as provided by Wis. Stats. § 125.04(12).
B.
Licenses issued pursuant to this section may be transferred
to another premises once during any license year as provided in Wis.
Stats. § 125.04(12). Application for such transfer shall
be made on blanks furnished by the State Department of Revenue. Proceedings
for transfer shall be in the same manner and form as the original
application. The fee for such transfer shall be $10.
The following classes and denominations of licenses
shall be issued by the Town Clerk under the authority of the Ledgeview
Town Board upon compliance with law and payment of the fee specified
in the attached 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. Except as otherwise provided in this
section, the full license fee shall be charged for the whole or fraction
of any year.
A.
Class "A" fermented malt beverage retailer's license.
See Wis. Stats. § 125.25. A Class "A" license authorizes
retail sales of fermented malt beverages for consumption off the premises
where sold and in original packages, containers and bottles.
(1)
A license shall be issued after July 1 in any license
year that 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.
B.
"Class B" fermented malt beverage retailer's license.
See Wis. Stats. § 125.26. A "Class B" license authorizes
retail sales of fermented malt beverages to be consumed either on
the premises where sold or off the premises.
(1)
A license issued on or after July 1 in any license
year 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)
Six months. A "Class B" license shall 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 Wis. Stats. § 125.26(5).
(3)
Temporary Class "B" license. Temporary Class "B" licenses
shall be issued to bona fide clubs, to county or local fair associations
or agricultural societies, to churches, lodges or societies that have
been in existence for at least six months before the date of application
and to posts of veterans' organizations, authorizing the sale of fermented
malt beverages at a particular picnic or similar gathering, at a meeting
of the post, or during a fair conducted by the fair association or
agricultural society. See Wis. Stats. § 125.26(6).
C.
Retail Class "A" liquor license. A Class "A" license
authorizes the retail sale of intoxicating liquor for consumption
off the premises where sold and in original packages and containers.
See Wis. Stats. § 125.51(2).
(1)
A license issued on or after July 1 in any license
year 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. See Wis. Stats. § 125.51
(9)(a).
(2)
Licenses valid for six months shall be issued any
time. The fee for such license shall be 50% of the annual license
fee. The license shall not be renewed during the calendar year in
which issued. See Wis. Stats. § 125.51(9)(b).
D.
Retail "Class B" liquor licenses. A "Class B" license
authorizes the retail sale of intoxicating liquor to be consumed by
the glass only on the premises where sold and also authorizes the
sale of intoxicating liquor in the original package or container,
in multiples not to exceed four (4) liters at any one time, and to
be consumed off the premises where sold. Wine, however, shall be sold
for consumption off the premises in the original package or otherwise
in any quantity. See Wis. Stats. § 125.51(3)(b).
(1)
A license issued on or after July 1 in any license
year 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. See Wis. Stats. § 125.51(9)(a).
(2)
Licenses valid for six months shall be issued any
time. The fee for such license shall be 50% of the annual license
fee. The license shall not be renewed during the calendar year in
which issued. See Wis. Stats. § 125.51(9)(b).
E.
Retail "Class C" liquor licenses. A "Class C" license
authorizes the retail sale of wine by the glass or in an opened original
container for consumption on the premises where sold. See Wis. Stats. § 125.51(3m).
(1)
A "Class C" license may be issued to a person qualified
under Wis. Stats. § 125.04(5) for a restaurant in which
the sale of alcohol beverages accounts for less than 50% of gross
receipts and which does not have a barroom or for a restaurant in
which the sale of alcohol beverages accounts for less than 50% of
gross receipts and which has a barroom in which wine is the only intoxicating
liquor sold. A "Class C" license may not be issued to a foreign corporation,
a foreign limited liability company or a person acting as agent for
or in the employ of another.
(2)
A "Class C" license shall particularly describe the
premises for which it is issued.
F.
Provisional Retail License. A provisional retail license
shall be issued only to a person who has applied for a Class "A,"
Class "B," "Class A" or "Class B" license and authorizes only the
activities that the type of retail license applied for authorizes.
See Wis. Stats. § 125.185.
(1)
A provisional retail license shall expire 60 days
after its issuance or when the Class "A," Class "B," "Class A," or
"Class B" license is issued to the holder, whichever is sooner. The
Town Clerk who issued the provisional retail license shall revoke
the license if he or she discovers that the holder of the license
made a false statement on the application.
(2)
The Town of Ledgeview Clerk shall not issue a provisional
"Class B" license if the municipality's quota under § 125.51(4)
prohibits the municipality from issuing a "Class B" license.
(3)
No person shall hold more than one provisional retail
license for each type of license applied for by the holder per year.
G.
Operator's license. See Wis. Stats. § 125.17.
(1)
Operator's licenses shall be granted to individuals
by the Town for the purposes of complying with Wis. Stats. §§ 125.32(2)
and 125.68(2).
(2)
Operator's licenses are valid only within the Town.
(3)
Operator's licenses shall be issued only on written
application on forms provided by the Town Clerk.
(4)
All operator's licenses issued shall expire on June
30 and shall be issued for one year or two years.
H.
Provisional operator's license.
[Added 10-16-2007 by Ord. No. 2007-018]
(1)
Purpose. This subsection allows for issuance of a
provisional operator's license to those applying for a regular operator's
license for the service or sale of alcoholic beverages. A provisional
operator's license may only be issued to:
(a)
Those persons that have not completed a responsible
beverage service course. At the time of application, the applicant
for a provisional operator's license must present proof that the applicant
is enrolled in a training course under § 125.17(6), Wis.
Stat.
(b)
Those persons, who, at the time of application and
payment for an operator's license, present a certified copy of a valid
operator's license issued by another Wisconsin municipality.
(c)
Those persons who, at the time of application and
payment for an operator's license, meet the requisite training requirement
and wish to commence work as an operator before the Board will be
able to meet to decide their application.
(2)
Eligibility. Each applicant must be at least 18 years
of age, and have completed an application form supplied by the Town
Clerk. All arrests and convictions of the applicant shall be disclosed
on the application or an attached sheet.
(3)
Term. The provisional operator's license shall be
effective for 60 days from the date of issue, or until a regular operator's
license is issued, whichever is sooner.
(4)
Issuance. Upon written application for an operator's
license, the Clerk shall conduct a record check for past crimes or
arrests. If the applicant has no past crimes or arrests, the Clerk
is authorized to issue a provisional operator's license to the applicant.
The Town Board shall review the issuance of any such provisional operator's
license at the next regularly scheduled Town Board meeting, reserving
final approval authority. If the applicant does have an arrest or
conviction record, the Town Board must determine whether the provisional
operator's license will be issued.
(5)
Fees. The fee for a provisional operator's license
is $15 [not to exceed $15 pursuant to § 125.17(5)(c), Wis.
Stat.].
(6)
Revocation.
(a)
The Clerk may revoke a provisional operator's license
if:
[1]
He or she discovers that the holder of the license
made a false statement on the application for the license;
[2]
He or she discovers that the operator license
issued by the other Wisconsin municipality is not valid;
[3]
The Town Board denies the person's application
for a regular operator's license.
(b)
Upon making the decision to revoke, the Clerk shall
mail or have a written notice delivered to the license holder, notifying
the person of the action taken, the reason(s) for such action, and
the right to have a license review hearing before the Town Board,
upon the applicant's request. When a request for a hearing is made,
the Board shall follow the general procedures as set forth in § 125.12,
Wis. Stat., although no complaint is required. The Clerk shall notify
the licensee of the Board time scheduled for hearing the matter, by
mail or hand delivery. Any mail notice in this subsection is sufficient
if mailed via first class mail to the last known address of the licensee,
in an envelope containing the return address of the Town Clerk. No
request for a license review hearing is valid when received past the
final day the provisional operator's license would have been effective.
A.
If the Town has granted or issued a number of licenses
equal to or exceeding its quota, the municipal governing body shall
issue a license for any of the following:
(1)
Full-service restaurant that has a seating capacity
of 300 or more persons.
(2)
A hotel that has 50 or more rooms of sleeping accommodations
and that has either an attached restaurant with a seating capacity
of 150 or more persons or a banquet room in which banquets attended
by 400 or more persons shall be held.
B.
The number of reserve "Class B" licenses authorized
to be issued by the Town is calculated in the following manner:
(1)
The number of unissued "Class B" liquor licenses is
determined by subtracting the number of "Class B" liquor licenses
actually issued by the Town as of December 1, 1997, from the number
of such licenses the Town is authorized to issue based on the state
quota established by Wis. Stats. § 125.5(4), utilizing the
population of the Town as of December 1, 1997, as established by the
Department of Administration under Wis. Stats. § 16.96(2)
for purposes of revenue-sharing distribution.
(2)
If the number of licenses is three or less, this number
becomes the number of reserve "Class B" licenses the Town was authorized
to issue as of December 1, 1997.
(3)
If the number of licenses is four or higher, the following
formula is used:
(4)
One additional reserve "Class B" license is added
per each increase of 500 population to the number of inhabitants in
the previous year determined by the Department of Administration under
Wis. Stats. § 16.96(2) for purposes of revenue-sharing distribution.
C.
If territory containing premises covered by a license
or reserve "Class B" license is annexed to a municipality and if the
municipality's quota would not otherwise allow a license or reserve
"Class B" license for the premises, the quota is increased to include
the license or reserve "Class B" license of each premises in the annexed
territory.
A.
Except as provided under Wis. Stats. § 125.07(3)(a)10,
no premises operated under a "Class A" or "Class B" license shall
be open for business unless there is upon the premises either the
licensee, the agent named in the license if the licensee is a corporation
or limited liability company, or some person who has an operator's
license and who is responsible for the acts of all persons selling
or serving any intoxicating liquor to customers.
B.
No person shall allow another to use his or her "Class
A" or "Class B" license to sell alcohol beverages.
C.
No retail "Class A" or "Class B" license shall be
issued for premises the main entrance of which is less than 300 feet
from the main entrance of any public school, parochial school, hospital
or church. Such distance shall be measured by the shortest route along
the highway from the closest point of the main entrance of such school,
church or hospital to the main entrance to the premises covered by
the license.
(1)
This paragraph shall not apply to premises licensed
as such on June 30, 1947; to any premises licensed as such prior to
the occupation of real property within 300 feet thereof by any school,
hospital or church building; or a restaurant located within 300 feet
of a church or school.
(2)
This paragraph applies only to restaurants in which
the sale of alcohol beverages accounts for less than 50% of their
gross receipts.
D.
No applicant shall obtain a retail "Class B" license
unless the premises complies with the rules promulgated by the State
Department of Health and Family Services governing sanitation in restaurants
and to all such ordinances and regulations adopted by the Town Board.
E.
No license hereunder, except an operator's license,
shall be granted to any person who has not attained the legal drinking
age. Operator's licenses shall be issued only to applicants who have
attained the age of 18.
F.
No license shall be granted for any premises for which
taxes, assessments or other claims of the Town are delinquent and
unpaid, or to any person delinquent in payment of such claims, including
unpaid forfeiture judgments, to the Town, unless such applicant shall
make arrangements satisfactory to the Town Board to pay such debts
before the expiration of the license.
[Amended 6-17-2014 by Ord. No. 2014-013]
G.
No license shall be issued to any person for the purpose
of possessing, selling or offering for sale any alcohol beverages
in any dwelling house, flat or residential apartment.
H.
No "Class B" alcohol beverage license shall be issued
or renewed for a business which does not operate at least 104 days
during the license year.
[Amended 4-7-2014 by Ord. No. 2014-004]
No premises for which an alcohol beverage license
has been issued shall remain open for the sale of alcohol beverages:
A.
Class "A" retailers may remain open for the conduct
of their regular business but may not sell fermented malt beverages
between the hours of 12:00 midnight and 6:00 a.m.
B.
"Class A" retailers between the hours of 9:00 p.m. and 6:00 a.m.
C.
"Class B" or Class "B" retailers: between the hours
of 2:00 a.m. and 6:00 a.m. On Saturday and Sunday, between 2:30 a.m.
and 6:00 a.m. On January 1, premises operating under a "Class B" license
are not required to close.
D.
Between 12:00 midnight and 6:00 a.m., no person shall
sell intoxicating liquor on "Class B" licensed premises in an original
unopened package, container or bottle or for consumption away from
the premises.
E.
Hotels and restaurants, the principal business of
which is the furnishing of food, drinks or lodging to patrons, bowling
centers, indoor horseshoe-pitching facilities, curling clubs, golf
courses and golf clubhouses may remain open for the conduct of their
regular business but shall not sell intoxicating liquor during prohibited
hours.
Each licensed and permitted premises shall at
all times be conducted in an orderly manner, and no disorderly, riotous
or indecent conduct or gambling (except as provided by state law)
shall be allowed at any time on any such premises.
A.
Whenever the holder of any license under this section
violates any portion of this section, proceedings for the revocation
or suspension of such license shall be instituted in the manner and
under the procedure established by Wis. Stats. § 125.12,
and the provisions therein relating to granting a new license shall
likewise be applicable.
B.
Twelve months shall elapse before another license
shall be granted to a person whose license was revoked.
Before renewal of any license issued under this
section 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 section by an authorized
agent or employee of a licensee shall constitute a violation by the
licensee.
[Amended 2-4-2013 by Ord. No. 2013-001; 8-5-2013 by Ord. No.
2013-005; 3-7-2022 by Ord. No. 2022-03]
A.
The following fee schedule shall apply to all alcohol beverage licenses issued by the Town of Ledgeview except for Reserve "Class B" licenses calculated under § 5-12B.
|
License
|
Fee
|
|---|---|
|
Class "A" fermented malt beverage retailer's
license
|
$300
|
|
Class "B" fermented malt beverage retailer's
license
|
$100
|
|
Retail "Class A" liquor license
|
$325
|
|
Retail "Class B" liquor license
|
$425
|
|
Retain "Class C" wine license
|
$100
|
|
Temporary "Class B"
|
$10
|
|
Beer garden permit
|
$100
|
|
Provisional retail license
|
$15
|
|
Transfer of license
|
$10
|
|
Operator's license
|
$20, 1 year; $30, 2 years
|
|
Provisional operator's license
|
$15
|
B.
Reserve "Class B" intoxicating liquor licenses. The fee for initial issuance of a reserve "Class B" intoxicating liquor license as under § 5-12B shall be $10,000 for initial issuance, except that the fee for the initial issuance of a reserve "Class B" intoxicating liquor license to a bona fide club or lodge situated and incorporated in the state for at least six years and for renewal of any reserve "Class B" intoxicating liquor license is the fee established in Subsection A.[1]
[1]
Editor’s Note: Former Subsection C, Economic development
grants, which immediately followed this subsection, was repealed 11-7-2016
by Ord. No. 2016-019.
[Adopted 5-20-2008 by Ord. No. 2008-010]
[Amended 3-7-2022 by Ord.
No. 2022-03]
No licensee shall permit the consumption of
alcohol beverages on any part of the licensed premises not enclosed
within the building, except under permit granted by the Town Board.
The permits are a privilege in which no rights vest and therefore
may be revoked by the Town Board pursuant to state statutes, or shall
otherwise expire on June 30 of each year. No person shall consume
or have in his or her possession alcohol beverages on any part of
a licensed premises which is not described in a valid beer garden
permit.
[Amended 3-7-2022 by Ord.
No. 2022-03]
Each applicant for a beer garden permit shall accurately describe
the area intended for use as a beer garden and shall indicate the
nature of fencing or other measures intended to provide control over
the operation of the beer garden. The purpose is to prohibit or significantly
restrict the ease in which alcoholic beverages may be passed from
within the beer garden area to anyone outside the beer garden.
A.
No permit
shall be issued for a beer garden if any part of the beer garden is
within 150 feet of a structure used for residential purposes, except
residential uses located in the same structure as the licensed premises.
This requirement may be waived at the discretion of the Town Board.
B.
Every beer
garden shall be surrounded by fencing not less than four feet in height
or other measures intended to provide control over the operation of
the beer garden. For open decks, lattice will be required from the
deck floor to the railing. The gate(s) or exit(s) shall be three feet
wide and the same height as that required of the beer garden fence,
shall swing to egress, and shall swing free and clear of public sidewalks.
The beer garden fence shall comply with all regulations regarding
vision clearance along with required distance from corner. The beer
garden fence shall contain the required fire exit(s) and shall be
equipped with a locking system that meets fire codes.
C.
Lighting
of the area must be shielded and not be of intensity or brilliance
to create glare which is distracting to adjoining property owners
or can become a hazard or danger to vehicular traffic. No more than
5% of the light can leave the property.
D.
No open
flames may be displayed unless approved by the Town of Ledgeview Fire
Department.
E.
There shall
be a licensed operator within the beer garden at all times the beer
garden is in operation.
F.
All other
Town ordinances, including those relating to littering, noise or drinking
of intoxicants, where prohibited, shall be observed.
All applicable permits required shall be obtained
and submitted along with a site plan for review and Town Board approval.
The beer garden shall be inspected annually
by the Town of Ledgeview Building Inspector and the Fire Department.
The fee for a beer garden permit is required
at time of application. The permit fee shall be $100 and shall have
a term of one year commencing on July 1 and expiring June 30 of each
year. If granted subsequent to July 1 in any given year, the permit
shall expire on June 30 after issuance. The fee is nonrefundable.
All property owners within 150 feet of the premises
in which the proposed beer garden is attached shall be notified of
the pendency application for a beer garden permit by first class mail.
Every permittee under this article shall comply
with and enforce all provisions of Ch. 125, Wis. Stats., applicable
to Class "B" licensed premises, except insofar as such provisions
are clearly inapplicable. Violation of the provisions of Ch. 125,
Wis. Stats., shall be grounds for revocation of the beer garden permit
by the Town Board.
