[HISTORY: Adopted by the Village Board of
the Village of Theresa as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-3-1996 as Title 7, Ch. 2 of the 1996 Code]
The provisions of Ch. 125, Wis. Stats., relating
to the sale of intoxicating liquor and fermented malt beverages, except
provisions therein relating to penalties to be imposed, are hereby
adopted by reference and made a part of this article as if fully set
forth herein. Any act required to be performed or prohibited by any
statute incorporated herein by reference is required or prohibited
by this article. Any future amendments, revisions or modifications
of the statutes incorporated herein are intended to be made a part
of this article in order to secure uniform statewide regulation of
alcohol beverage control.
[Amended 8-1-2005 by Ord. No. 1-10]
As used in this article, the terms "alcoholic
beverages," "intoxicating liquors," "principal business," "legal drinking
age," "premises," "sell," "sold," "sale," "restaurant," "club," "retailer,"
"person," "fermented malt beverages," "wholesalers" and "operators"
and shall have the meaning given them by Ch. 125, Wis. Stats.
No person, firm or corporation shall vend, sell,
deal or traffic in or have in his possession with intent to vend,
sell, deal or traffic in or, for the purpose of evading any law or
ordinance, give away any intoxicating liquor or fermented malt beverage
in any quantity whatever, or cause the same to be done, without having
procured a license as provided in this article nor without complying
with all the provisions of this article, and all statutes and regulations
applicable thereto, except as provided by §§ 125.16,
125.27, 125.28 and 125.51, Wis. Stats.
A.
Retail "Class A" intoxicating liquor license. A retail
"Class A" intoxicating liquor license, when issued by the Village
Clerk-Treasurer under the authority of the Village Board, shall permit
its holder to sell, deal and traffic in intoxicating liquors only
in original packages or containers and to be consumed off the premises
so licensed.
B.
Retail "Class B" intoxicating liquor license. A retail
"Class B" intoxicating liquor license, when issued by the Village
Clerk-Treasurer under authority of the Village Board, shall permit
its holder to sell, deal and traffic in intoxicating liquors to be
consumed by the glass only on the premises so licensed and in the
original package or container in multiples not to exceed four liters
at any one time to be consumed off the premises, except that wine
may be sold in the original package or otherwise in any other quantity
to be consumed off the premises.
C.
Class "A" fermented malt beverage retailer's license.
A Class "A" fermented malt beverage retailer's license, when issued
by the Village Clerk-Treasurer under the authority of the Village
Board, shall entitle the holder thereof to possess, sell or offer
for sale fermented malt beverages only for consumption away from the
premises where sold and in the original packages, containers or bottles.
Such license may be issued after July 1. The license shall expire
on the following June 30.
D.
Class "B" fermented malt beverage retailer's license.
(1)
License. A Class "B" fermented malt beverage retailer's
license, when issued by the Village Clerk-Treasurer under the authority
of the Village Board, shall entitle the holder thereof to possess,
sell or offer for sale fermented malt beverages to be consumed either
upon the premises where sold or away from such premises. The holder
may also sell beverages containing less than 1/2 of a 1% of alcohol
by volume without obtaining a special license to sell such beverages.
Such license may be issued after July 1. The license shall expire
on the following June 30.
(2)
Application. Class "B" licenses may be issued to any
person qualified under § 125.04(5), Wis. Stats. Such licenses
may not be issued to any person acting as agent for or in the employ
of another, except that this restriction does not apply to a hotel
or restaurant which is not a part of or located on the premises of
any mercantile establishment, or to a bona fide club, society or lodge
that has been in existence for at least six months before the date
of application. A Class "B" license for a hotel, restaurant, club,
society or lodge may be issued in the name of an officer who shall
be personally responsible for compliance with this article. Except
as provided in § 125.31, Wis. Stats., Class "B" licenses
may not be issued to brewers or fermented malt beverage wholesalers.
E.
Temporary Class "B" fermented malt beverage license.
(1)
License. As provided in § 125.26(1) and
(6), Wis. Stats., temporary Class "B" fermented malt beverage licenses
may be issued to bona fide clubs, to country 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. A license issued to a county or district fair
licenses the entire fairgrounds where the fair is being conducted
and all persons engaging in retail sales of fermented malt beverages
from leased stands on the fairgrounds. The county or district fair
to which the license is issued may lease stands on the fairgrounds
to persons who may engage in retail sales of fermented malt beverages
from the stands while the fair is being held. Such license is valid
for dates as approved by the Village Board.
(2)
Application. Application for such license shall be
signed by the president or corresponding officer of the society or
association making such application and shall be filed with the Village
Clerk-Treasurer together with the appropriate license fee for each
day for which the license is sought. Any person fronting for any group
other than the one applied for may, upon conviction thereof, be subject
to a forfeiture of $500 and will be ineligible to apply for a temporary
Class "B" license for one year. The license shall specify the hours
and dates of license validity. The application shall be filed a minimum
of 15 days prior to the meeting of the Village Board at which the
application will be considered for events of more than three consecutive
days. If the application is for a license to be used in a Village
park, the applicant shall specify the main point of sale facility.[1]
F.
Temporary "Class B" wine license.
(1)
License. Notwithstanding § 125.68(3), Wis.
Stats., temporary "Class B" licenses may 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 wine containing not more than
6% alcohol by volume in an original package, container or bottle or
by the glass if the wine is dispensed directly from an original package,
container or bottle 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. No fee may be charged to a person who, at
the same time, applies for a temporary Class "B" beer license under
§ 125.26(6), Wis. Stats., for the same event. A license
issued to a county or district fair licenses the entire fairgrounds
where the fair is being conducted and all persons engaging in retail
sales of wine containing not more than 6% alcohol by volume from leased
stands on the fairgrounds. The county or district fair to which the
license is issued may lease stands on the fairgrounds to persons who
may engage in retail sales of wine containing not more than 6% alcohol
by volume from the stands while the fair is being held.
(2)
Application. Application for such license shall be
signed by the president or corresponding officer of the society or
association making such application and shall be filed with the Village
Clerk-Treasurer together with the appropriate license fee for each
day for which the license is sought. Any person fronting for any group
other than the one applied for may, upon conviction thereof, be subject
to a forfeiture of $500 and will be ineligible to apply for a temporary
"Class B" wine license for one year. The license shall specify the
hours and dates of license validity. The application shall be filed
a minimum of 15 days prior to the meeting of the Village Board at
which the application will be considered for events of more than three
consecutive days. If the application is for a license to be used in
a Village park, the applicant shall specify the main point of sale
facility.[2]
G.
Wholesaler's license. A wholesaler's fermented malt
beverage license, when issued by the Village Clerk-Treasurer under
authority of the Village Board, shall entitle the holder thereof to
possess, sell or offer for sale fermented malt beverages only in original
packages or containers to dealers, not to be consumed in or about
the premises of said wholesaler.
H.
Retail "Class C" wine licenses.
(1)
In this subsection "barroom" means a room that is
primarily used for the sale or consumption of alcohol beverages.
(2)
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.
(3)
A "Class C" license may be issued to a person qualified
under § 125.04(5), Wis. Stats., 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 if the municipality's quota
prohibits the municipality from issuing a "Class B" license to that
person. A "Class C" license may not be issued to a foreign corporation
or a person acting as agent for or in the employ of another.
(4)
A "Class C" license shall particularly describe the
premises for which it is issued.
There shall be the following classes of licenses
which, when issued by the Village Clerk-Treasurer under the authority
of the Village Board after payment of the license fee and publication
costs hereinafter specified, shall permit the holder to sell, deal
or traffic in intoxicating liquors or fermented malt beverages as
provided in § 201 of this article and Ch. 125, Wis. Stats.:
A.
Class "A" fermented malt beverages retailer's license. The annual fee for this license shall be as prescribed in Chapter 167, Fees. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.
B.
Class "B" fermented malt beverage license. The annual fee for this license shall be as prescribed in Chapter 167, Fees. This license may be issued at any time for six months in any calendar year, for which 50% of the applicable license fee shall be paid, but such license shall not be renewable during the calendar year in which issued. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.
C.
Temporary Class "B" fermented malt beverage license. The fee for this license shall be as prescribed in Chapter 167, Fees, per event.
D.
Temporary "Class B" wine license. The fee for this license shall be as prescribed in Chapter 167, Fees, per event. However, there shall be no fee if the temporary wine license is obtained along with a temporary fermented malt beverage license.
E.
Fermented malt beverage wholesaler's license. The annual fee for this license shall be as prescribed in Chapter 167, Fees.
F.
"Class A" intoxicating liquor retailer's license. The annual fee for this license shall be as prescribed in Chapter 167, Fees.
G.
"Class B" intoxicating liquor retailer's license. The annual fee for this license shall be as prescribed in Chapter 167, Fees. This license may be issued at any time for six months in any calendar year, for which 50% of the applicable license fee shall be paid, but such license shall not be renewable during the calendar year in which issued.
A.
Contents. Application for a license to sell or deal
in intoxicating liquor or fermented malt beverages shall be made in
writing on the form prescribed by the Wisconsin Department of Revenue
and shall be sworn to by the applicant as provided by §§ 887.01
to 887.03, Wis. Stats., and shall be filed with the Village Clerk-Treasurer
not less than 15 days prior to the granting of such license. The premises
shall be physically described, to include every room and storage space
to be covered by the license, including all rooms not separated by
a solid wall or joined by connecting entrances.
B.
Corporations. Such application shall be filed and
sworn to by the applicant if an individual or by the president and
secretary if a corporation.
C.
Publication. The Village Clerk-Treasurer shall publish
each application for a Class "A," Class "B," "Class A," "Class B"
or "Class C" license. There is no publication requirement for temporary
Class "B" picnic beer licenses under § 125.26, Wis. Stats.,
or temporary "Class B" picnic wine licenses under § 125.51(10),
Wis. Stats. The application shall be published once in the official
Village newspaper, and the costs of publication shall be paid by the
applicant at the time the application is filed, as determined under § 985.08,
Wis. Stats.
D.
Amending application. Whenever anything occurs to
change any fact set out in the application of any licensee, such licensee
shall file with the issuing authority a notice in writing of such
change within 10 days after the occurrence thereof.
E.
License quotas. The number of persons and places that
may be granted a retail "Class B" liquor license under this section
is limited as provided in Ch. 125, Wis. Stats.
A.
Residency requirements. A retail Class "A" or Class
"B" fermented malt beverage or "Class A" or "Class B" intoxicating
liquor license shall be granted only to persons who are citizens of
the United States and who have been residents of the State of Wisconsin
continuously for at least 90 days prior to the date of the application.
B.
Applicant to have malt beverage license. No retail
"Class B" intoxicating liquor license shall be issued to any person
who does not have or to whom is not issued a Class "B" retailer's
license to sell fermented malt beverages.
C.
Right to premises. No applicant will be considered
unless he has the right to possession of the premises described in
the application for the license period, by lease or by deed.
D.
Age of applicant. Licenses related to alcohol beverages
shall only be granted to persons who have attained the legal drinking
age.
E.
Corporate restrictions.
(1)
No license or permit may be issued to any corporation
unless the corporation meets the qualifications under § 125.04(a)1
and 4 and (b), Wis. Stats., unless the agent of the corporation appointed
under § 125.04(6), Wis. Stats., and the officers and directors
of the corporation meet the qualifications of § 125.04(a)1
and 3 and (b), Wis. Stats., and unless the agent of the corporation
appointed under § 125.04(6), Wis. Stats., meets the qualification
under § 125.04(a)2, Wis. Stats. The requirement that the
corporation meet the qualifications under § 125.04(a)1 and
(b), Wis. Stats., does not apply if the corporation has terminated
its relationship with all of the individuals whose actions directly
contributed to the conviction.
(2)
Each corporate applicant shall file with its application
for such license a statement by its officers showing the names and
addresses of the persons who are stockholders together with the amount
of stock held by such person or persons. It shall be the duty of each
corporate applicant and licensee to file with the Village Clerk-Treasurer
a statement of transfers of stock within 48 hours after such transfer
of stock.
(3)
Any license issued to a corporation may be revoked
in the manner and under the procedure established in § 125.12,
Wis. Stats., when more than 50% of the stock interest, legal or beneficial,
in such corporation is held by any person or persons not eligible
for a license under this article or under the state law.
F.
Sales tax qualification. All applicants for retail
licenses shall provide proof, as required by § 77.61(11),
Wis. Stats., that they are in good standing for sales tax purposes
(i.e., hold a seller's permit) before they may be issued a license.
G.
Connecting premises. Except in the case of hotels,
no person may hold both a "Class A" license and either a "Class B"
license or permit, a Class "B" license or permit, or a "Class C" license
for the same premises or for connecting premises. Except for hotels,
if either type of license or permit is issued for the same or connecting
premises already covered by the other type of license or permit, the
license or permit last issued is void. If both licenses or permits
are issued simultaneously, both are void.
H.
Limitations on other business; Class "B" premises.
No Class "B" license or permit may be granted for any premises where
any other business is conducted in connection with the premises, except
that this restriction does not apply if the premises for which the
Class "B" license or permit is issued is connected to premises where
other business is conducted by a secondary doorway that serves as
a safety exit and is not the primary entrance to the Class "B" premises.
No other business may be conducted on premises operating under a Class
"B" license or permit. These restrictions do not apply to any of the
following:
(1)
A hotel.
(2)
A restaurant, whether or not it is a part of or located
in any mercantile establishment.
(3)
A combination grocery store and tavern.
(4)
A combination sporting goods store and tavern in towns,
villages and fourth class cities.
(5)
A combination novelty store and tavern.
(6)
A bowling alley or recreation premises.
(7)
A club, society or lodge that has been in existence
for six months or more prior to the date of filing application for
the Class "B" license or permit.
The Village Clerk-Treasurer shall notify the
Chief of Police, Fire Inspector and Building Inspector of each new
application, and these officials shall inspect or cause to be inspected
each application and the premises, together with such other investigation
as shall be necessary to determine whether the applicant and the premises
sought to be licensed comply with the regulations, ordinances and
laws applicable thereto, including those governing sanitation in restaurants,
and whether the applicant is a proper recipient of a license. These
officials shall furnish to the Village Clerk-Treasurer in writing,
who shall forward to the Village Board, the information derived from
such investigation, accompanied by a recommendation as to whether
a license should be granted or refused. No license shall be renewed
without a reinspection of the premises and report as originally required.
A.
No license shall be granted for operation on any premises
or with any equipment for which taxes, assessments, forfeitures or
other financial claims of the Village are delinquent and unpaid.
B.
No license shall be issued unless the premises conform
to the sanitary, safety and health requirements of the State Building
Code and the regulations of the State Board of Health and local Board
of Health applicable to restaurants. The premises must be properly
lighted and ventilated, must be equipped with separate sanitary toilet
and lavatory facilities equipped with running water for each sex and
must conform to all ordinances of the Village.
C.
Consideration for the granting or denial of a license
will be based on:
(1)
Arrest and conviction record of the applicant, subject
to the limitations imposed by §§ 111.321, 111.322,
and 111.335, Wis. Stats.;
(2)
The financial responsibility of the applicant;
(3)
The appropriateness of the location and the premises
where the licensed business is to be conducted; and
(4)
Generally, the applicant's fitness for the trust to
be reposed.
D.
An application may be denied based upon the applicant's
arrest and conviction record if the applicant has been convicted of
a felony (unless duly pardoned) or if the applicant has habitually
been a law offender. For purposes of this licensing procedure, "habitually
been a law offender" is generally considered to be an arrest or conviction
of at least two offenses which are substantially related to the licensed
activity within the five years immediately preceding the license application.
Because a license is a privilege, the issuance of which is a right
granted solely to the Village Board, the Village Board reserves the
right to consider the severity and facts and circumstances of the
offense when making the determination to grant, deny or not renew
a license. Further, the Board, at its discretion, may, based upon
an arrest or conviction record of two or more offenses which are substantially
related to the licensed activity within the five years immediately
preceding, act to suspend such license for a period of one year or
more.
A.
Opportunity shall be given by the governing body to
any person to be heard for or against the granting of any license.
Upon the approval of the applicant by the Village Board, the Village
Clerk-Treasurer shall issue to the applicant a license upon payment
by the applicant of the license fee to the Village.[1]
B.
If the Village Board denies the license, the applicant
shall be notified in writing, by registered mail or personal service,
of the reasons for the denial. The notice shall also inform the applicant
of the opportunity to appear before the Village Board and to provide
evidence as to why the denial should be reversed. In addition, the
notice shall inform the applicant that the reconsideration of the
application shall be held in closed session, pursuant to § 19.85(1)(b),
Wis. Stats., unless the applicant requests such reconsideration be
held in open session and the Village Board consents to the request.
Such written notice shall be mailed or served upon the applicant at
least 10 days prior to the Village Board meeting at which the application
is to be reconsidered.
A.
In accordance with the provisions of § 125.04(12), Wis. Stats., a license shall be transferable from one premises to another if such transfer is first approved by the Village Board. An application for transfer shall be made on a form furnished by the Village Clerk-Treasurer. Proceedings for such transfer shall be had in the same form and manner as the original application. The fee for such transfer shall be as prescribed in Chapter 167, Fees. Whenever a license is transferred, the Village Clerk-Treasurer shall forthwith notify the Wisconsin Department of Revenue of such transfer. In the event of the sale of a business or business premises of the licensee, the purchaser of such business or business premises must apply to the Village for reissuance of said license and the Village, as the licensing authority, shall in no way be bound to reissue said license to said subsequent purchaser.
B.
Whenever the agent of a corporate holder of a license
is for any reason replaced, the licensee shall give the Village Clerk-Treasurer
written notice of said replacement, the reasons therefor and the new
appointment. Until the next regular meeting or special meeting of
the Village Board, the successor agent shall have the authority to
perform the functions and be charged with the duties of the original
agent. However, said license shall cease to be in effect upon receipt
by the Village Clerk-Treasurer of notice of disapproval of the successor
agent by the Wisconsin Department of Revenue or other peace officer
of the municipality in which the license was issued. The corporation's
license shall not be in force after receipt of such notice or after
a regular or special meeting of the Village Board until the successor
agent or another qualified agent is appointed and approved by the
Village.
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. The Village Clerk-Treasurer shall affix to the license
his affidavit.
A.
Every person licensed in accordance with the provisions
of this article shall immediately post such license and keep the same
posted while in force in a conspicuous place in the room or place
where said beverages are drawn or removed for service or sale.
B.
It shall be unlawful for any person to post such license
or to be permitted to post it upon premises other than those mentioned
in the application or knowingly to deface or destroy such license.
All retail Class "A," Class "B," "Class A" and
"Class B" licenses granted hereunder shall be granted subject to the
following conditions, and all other conditions of this article, and
subject to all other ordinances and regulations of the Village applicable
thereto:
A.
Consent to entry. Every applicant procuring a license
thereby consents to the entry of police or other duly authorized representatives
of the Village at all reasonable hours for the purpose of inspection
and search, and consents to the removal from said premises of all
things and articles there had in violation of Village ordinances or
state laws, and consents to the introduction of such things and articles
in evidence in any prosecution that may be brought for such offenses.
B.
Employment of minors. No retail "Class B" or Class
"B" licensees shall employ any underage person, as defined in the
Wisconsin Statutes, but this shall not apply to hotels and restaurants.
Family members may work on the licensed premises but are not permitted
to sell or dispense alcoholic beverages.
C.
Disorderly conduct prohibited. Each licensed premises
shall, at all times, be conducted in an orderly manner, and no disorderly,
riotous or indecent conduct shall be allowed at any time on any licensed
premises.
D.
Licensed operator on premises. There shall be upon
premises operated under a "Class B," Class "B" or "Class C" license,
at all times, the licensee, members of the licensee's immediate family
who have attained the legal drinking age, and/or some person who shall
have an operator's license and who shall be responsible for the acts
of all persons serving as waiters, or in any other manner, any fermented
malt beverages to customers. No person other than the licensee shall
serve fermented malt beverages in any place operated under a "Class
B," Class "B" or "Class C" license unless he possesses an operator's
license or there is a person with an operator's license upon said
premises at the time of such service.
E.
Health and sanitation regulations. The rules and regulations
of the State Board of Health governing sanitation in restaurants shall
apply to all "Class B" liquor or "Class C" licenses issued under this
article. No "Class B" or "Class C" license shall be issued unless
the premises to be licensed conform to such rules and regulations.
F.
Restrictions near schools and churches. No retail
Class "A," Class "B," "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 established 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 such premises.
This subsection shall not apply to premises licensed as such on June
30, 1947, nor shall it apply to any premises licensed as such prior
to the occupation of real property within 300 feet thereof by any
school building, hospital building or church building.[1]
G.
Clubs. No club shall sell or give away any intoxicating
liquors except to bona fide members and guests invited by members.
H.
Gambling prohibited. Except as authorized by state
law, no gambling or game of chance of any sort shall be permitted
in any form upon any premises licensed under this article or the laws
of the State of Wisconsin.
I.
Credit prohibited. No retail Class "A," Class "B,"
"Class A," "Class B" or "Class C" liquor, wine, or fermented malt
beverage licensee shall sell or offer for sale any alcohol beverage
to any person or persons by extending credit, except hotel credit
extended to a resident guest or a club to a bona fide member. It shall
be unlawful for such licensee or permittee to sell alcohol beverages
to any person on a passbook or store order or to receive from any
person any goods, wares, merchandise or other articles in exchange
for alcohol beverages.
J.
Licensee or permittee responsible for acts of help.
A violation of this article by a duly authorized agent or employee
of a licensee or permittee under this article shall constitute a violation
by the licensee or permittee. Whenever any licensee or permittee under
this article shall violate any portion of this article, proceedings
for the suspension or revocation of the license or permit of the holder
thereof may be instituted in the manner prescribed in this article.[2]
Closing hours shall be established in conformance
with § 125.32(3), Wis. Stats., and further restricted as
follows:
A.
Class "B" licenses.
(1)
No premises for which a retail "Class B" liquor, Class
"B" fermented malt beverage, or "Class C" wine license has been issued
shall be permitted to remain open for the sale of liquor or fermented
malt beverages or for any other purpose between the hours of 2:00
a.m. and 6:00 a.m., Monday through Friday, and 2:30 a.m. and 6:00
a.m., Saturday and Sunday. There shall be no closing hours on January
1.
(2)
Hotels and restaurants, the principal business of which is the furnishing of food or lodging to patrons, bowling alleys, 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 liquor or malt beverages during the closing hours of Subsection A(1) above.
B.
Carryout hours. Between 9:00 p.m. and 8:00 a.m., no
person may sell, remove, carry out or permit to be removed or carried
out from any premises having a "Class A" or Class "A" license fermented
malt beverages or intoxicating liquor in original unopened packages,
containers or bottles or for consumption away from the premises.
It shall be unlawful for any person or organization
on a temporary basis to sell or offer to sell any alcohol beverage
upon any Village-owned property or privately owned property within
the Village of Theresa, except through the issuance of a temporary
Class "B" fermented malt beverage license or temporary "Class B" wine
license issued by the Village Board in accordance with Wisconsin Statutes
and as set forth in this section. A temporary Class "B" fermented
malt beverage license or temporary "Class B" wine license authorizing
the sale and consumption of beer and/or wine on Village-owned property
or privately owned property may be authorized by the Village Board
provided that the following requirements are met:
A.
Compliance with eligibility standards. The organization shall meet the eligibility requirements of a bona fide club, association, lodge or society as set forth in § 125.26(6), Wis. Stats., and shall fully comply with the requirements of this section and § 201-22. Members of an organization which is issued a temporary license and who are issued operators' licenses for the event may be required to attend a pre-event informational meeting to learn what rules and regulations apply and what the responsibilities of the bartenders and organization will be.
B.
Posting of signs and licenses. All organizations issued
a temporary license shall post in a conspicuous location at the main
point of sale and at all remote points of sale a sufficient number
of signs stating that no fermented malt beverage shall be served to
any underage person without proper identification.
C.
Fencing.
(1)
If necessary due to the physical characteristics of
the site, the Village Board may require that organizations install
a double fence around the main point of sale to control ingress and
egress and continually station a licensed operator, security guard
or other competent person at the entrance for the purpose of checking
age identification. Where possible, there shall be only one point
of ingress and egress. When required, the double fence shall be a
minimum of four feet high and a minimum of six feet between fences.
(2)
For indoor events, the structure used shall have suitable
exits and open spaces to accommodate anticipated attendance. It should
contain adequate sanitary facilities to accommodate the size of the
group.
D.
Underage persons prohibited. No underage persons as
defined by the Wisconsin Statutes shall be allowed to assist in the
sale of fermented malt beverages or wine at any point of sale, nor
shall they be allowed to loiter or linger in the area of any point
of sale.
E.
Licensed operators requirement. A licensed operator
shall be stationed at all points of sales at all times.
F.
Waiver. The Village Board may waive or modify the
requirements of this section due to the physical characteristics of
the licensed site.
G.
Insurance. The applicant for a temporary fermented
malt beverage or wine license may be required to indemnify, defend
and hold the Village and its employees and agents harmless against
all claims, death of any person or any damage to property caused by
or resulting from the activities for which the permit is granted.
As evidence of the applicant's ability to perform the conditions of
the license, the applicant may be required to furnish a certificate
of comprehensive general liability insurance with the Village of Theresa.
The applicant may be required to furnish a performance bond prior
to being granted the license.
A.
Procedure. Whenever the holder of any license under this article violates any portion of this article or Article II of this chapter, proceedings for the revocation of such license may be instituted in the manner and under the procedure established by this section.
B.
Abandonment of premises. Any licensee holding a license
to sell alcohol beverages who abandons such business shall forfeit
any right or preference he may have to the holding of or renewal of
such license. Abandonment shall be sufficient grounds for revocation
of any alcohol beverage license. The closing of the licensed premises
for at least six months shall be prima facie evidence of the abandonment,
unless extended by the Village Board. All persons issued a license
to sell alcohol beverages in the Village for which a quota exists
limiting the number of such licenses that may be issued by the Village
shall cause such business described in such license to be operated
on the premises described in such license for at least 150 days during
the terms of such license, unless such license is issued for a term
of less than 180 days, in which event this subsection shall not apply.
C.
License revocation or suspension. License revocation
or suspension procedures shall be as prescribed by Ch. 125, Wis. Stats.
The presence of underage persons on a licensed
premises as provided under § 125.07(3)(a)10, Wis. Stats.,
shall be subject to the following:
A.
The licensee or agent of a corporate licensee shall
notify the Police Department at least 48 hours in advance of the date
of any event at which underage persons will be present on the licensed
premises. Each such nonalcohol event notice shall specify the date(s)
on which the event is to occur and the time(s) of commencement. All
notices shall be filed with the Police Department during normal working
hours (8:00 a.m. to 5:00 p.m., Monday through Friday) and shall be
given on forms prescribed by the Village. After a nonalcohol event
notice has been given, the licensee may cancel an event(s) only by
giving like notice to the Police Department in accordance with the
provisions of this subsection. Regardless of the date given, all notices
shall expire and be deemed canceled no later than the date of expiration
or revocation of the applicable retail Class "B," "Class B" or "Class
C" license.
B.
During the period of any nonalcohol event a notice
card prescribed by the Police Department shall be posted at all public
entrances to the licensed premises notifying the general public that
no alcohol beverages may be consumed, sold or given away on or carried
into the licensed premises during the event. Such notice cards shall
be made available by the Village to a requesting licensee.
C.
Once a nonalcohol event has commenced, no alcohol
beverages may be consumed, sold or given away on or carried into the
licensed premises until the next day following the closing hours of
the licensed premises.
D.
During the period of any nonalcohol event all alcohol
beverages shall be stored in a locked portion of the licensed premises
in a secure place out of the sight and physical reach of any patron
present and shall be under the direct and immediate control and supervision
of the licensee or a licensed bartender in the employ of the licensee.
All beer taps and automatic dispensers of alcohol beverages ("speed
guns") shall be either disconnected, disabled or made inoperable.
A.
Purpose. The Village Board finds that restrictions
are necessary for outdoor sports activities at premises holding "Class
B" and Class "B" liquor and fermented malt beverages licenses due
to concerns arising from noise, density and related problems. This
section enacted pursuant to police power provides a framework for
regulatory controls on such outdoor sports activities.
B.
Approval required. No licensee shall conduct or sponsor
any outdoor sports activity or event on property forming any part
of the real property on which the licensed premises exist without
the prior approval of the Village Board.[1]
C.
Review. The Village Board shall review the request
in light of the standards of this section. If the nature of the property
or the event requires the imposition of additional regulations, the
Village Board may impose these regulations upon an express finding
detailing the reasons for additional regulation.[2]
D.
Standards. The following standards shall apply to
any outdoor sports activity regulated under this section:
(1)
Approval of an application shall not act to permit
outdoor consumption of alcohol beverages on the property beyond the
area specifically licensed.
(2)
If the estimated number of participants and spectators
shall bring the number of persons on the property above the number
for which licensed premises' rest room facilities are rated adequate,
the licensee shall provide a number of portable temporary rest rooms
sufficient to serve the estimated number of persons.
(3)
The Village Board shall not grant approval to any
applicant whose property on which the activity or event is proposed
is adjacent to any property zoned residential or on which a residential
use exists as a nonconforming use or within 70 feet of any property
zoned residential or on which a residential use exists as a nonconforming
use. Fencing may be required.
(4)
The applicant shall provide parking adequate for the
proposed activity or event, whether on site or through agreements
with property owners shown to the Village Board's satisfaction to
permit their property to be used for parking for the proposed activity
or event.
(5)
The applicant shall show the Village Board plans adequate
to provide reasonable access to participants and spectators for the
event and to limit access for all other persons.
E.
Maintenance standards. The licensee shall clean up
all garbage and debris relating to the activity or event at least
once per 24 hours during the activity or event.
F.
Noise. The licensee shall not permit the noise level
of the activity or event to exceed 75 dB, measured at any border of
the licensee's real property.
G.
Violations. Failure of the licensee to comply with
any of the provisions of this section shall be grounds for suspension,
nonrenewal or revocation of the licensee's alcohol beverage license
or licenses.
A.
Operator's license required.
(1)
Operator's licenses; Class "A," Class "B" or "Class
C" premises. Except as provided under §§ 125.32(3)(b)
and 125.07(3)(a)10, Wis. Stats., no premises operated under a Class
"A," Class "B" or "Class C" license or permit may be open for business
unless there is upon the premises the licensee or permittee, the agent
named in the license or permit if the licensee or permittee is a corporation,
or some person who has an operator's license and who is responsible
for the acts of all persons serving any fermented malt beverages to
customers. An operator's license issued in respect to a vessel under
§ 125.27(2), Wis. Stats., is valid outside the municipality
that issues it. For the purpose of this section, any person holding
a manager's license under § 125.18, Wis. Stats., or any
member of the licensee's or permittee's immediate family who has attained
the age of 18, shall be considered the holder of an operator's license.
No person, including a member of the licensee's or permittee's immediate
family, other than the licensee, permittee or agent, may serve fermented
malt beverages in any place operated under a Class "A," Class "B"
or "Class C" license or permit unless he or she has an operator's
license or is at least 18 years of age and is under the immediate
supervision of the licensee, permittee, agent or a person holding
an operator's license who is on the premises at the time of the service.
B.
Procedure upon application.
(1)
The Village Board may issue an operator's license,
which license shall be granted only upon application in writing on
forms to be obtained from the Village Clerk-Treasurer only to persons
18 years of age or older. Operators' licenses shall be operative only
within the limits of the Village.
(2)
All applications are subject to an investigation by
the Police Department and/or other appropriate authority to determine
whether the applicant and/or premises to be licensed complies with
all regulations, ordinances and laws applicable thereto. The investigating
authority shall conduct an investigation of the applicant, including
but not limited to requesting information from the state, surrounding
municipalities, and/or any community where the applicant has previously
resided concerning the applicant's arrest and conviction record. Based
upon such investigation, the investigating authority shall recommend,
in writing, to the Village Board approval or denial of the application.
If the investigating authority recommends denial, the investigating
authority shall provide, in writing, the reasons for such recommendation.
C.
Duration. Licenses issued under the provisions of
this article shall be valid for a period of one year or two years
and shall expire on the 30th day of June.
D.
Operator's license fee; provisional or temporary licenses.
(2)
Provisional license. The Village Clerk-Treasurer may
issue provisional operators' 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 Chief of Police shall submit to the
Clerk-Treasurer a report regarding the applicant's conviction history,
if any. The applicant for such provisional license must present evidence
to the Clerk-Treasurer establishing that the applicant is enrolled
in an Alcohol Awareness Training Program established pursuant to § 125.17(a),
Wis. Stats. The Village 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 successful completion of the approved
program, and the applicant shall also apply for a regular operator's
license. A provisional license may not be issued to any person who
has been denied an operator's license by the Village Board, who has
had his operator's license revoked or suspended within the preceding
12 months, or who previously held an operator's license and who failed
to complete the Alcohol Awareness Training Program without first successfully
completing the program. The Village Clerk-Treasurer shall provide
an appropriate application form to be completed in full by the applicant.
The Village Clerk-Treasurer may revoke the provisional license issued
if he discovers that the holder of the license made a false statement
on the application. A provisional license shall not be renewed.
(3)
Temporary license. The Clerk-Treasurer may issue a
temporary operator's license provided that:
(a)
This license may be issued only to operators
employed by, or donating their services to, nonprofit corporations.
(b)
No person may hold more than one license of
this kind per year.
(c)
The license is valid for any period from one
day to 14 days, and the period for which it is valid shall be stated
on the license.
E.
Issuance or denial of operators' licenses.
(1)
After the Village Board approves the granting of an
operator's license, the Village Clerk-Treasurer shall issue the license.
Such licenses shall be issued and numbered in the order they are granted
and shall give the applicant's name and address and the date of the
expiration of such license.
(2)
If the application is denied by the Village Board,
the Village Clerk-Treasurer shall, in writing, inform the applicant
of the denial, the reasons therefor, and of the opportunity to request
a reconsideration of the application by the Village Board in a closed
session. Such notice must be sent by registered mail to, or served
upon, the applicant at least 10 days prior to the Board's reconsideration
of the matter. At such reconsideration hearing, the applicant may
present evidence and testimony as to why the license should be granted.
(3)
If, upon reconsideration, the Board again denies the
application, the Village Clerk-Treasurer shall notify the applicant
in writing of the reasons therefor. An applicant who is denied any
license upon reconsideration of the matter may apply to the Circuit
Court pursuant to § 125.12(2)(d), Wis. Stats., for review.
(4)
Consideration for the granting or denial of a license
will be based on:
(a)
Arrest and conviction record of the applicant,
subject to the limitations imposed by §§ 111.321, 111.322,
and 111.335, Wis. Stats.;
(b)
The financial responsibility of the applicant;
(c)
The appropriateness of the location and the
premises where the licensed business is to be conducted; and
(d)
Generally, the applicant's fitness for the trust
to be reposed.
(5)
If a licensee is convicted of an offense substantially
related to the licensed activity, the Village Board may act to revoke
or suspend the license.
(6)
An application may be denied based upon the applicant's
arrest and conviction record if the applicant has been convicted of
a felony (unless duly pardoned) or if the applicant has habitually
been a law offender. For purposes of this licensing procedure, "habitually
been a law offender" is generally considered to be an arrest or conviction
of at least two offenses which are substantially related to the licensed
activity within the five years immediately preceding the license application.
Because a license is a privilege, the issuance of which is a right
granted solely to the Village Board, the Village Board reserves the
right to consider the severity and facts and circumstances of the
offense when making the determination to grant, deny or not renew
a license. Further, the Village Board, at its discretion, may, based
upon an arrest or conviction record of two or more offenses which
are substantially related to the licensed activity within the five
years immediately preceding, act to suspend such license for a period
of one year or more.
F.
Training course.
(1)
Except as provided in Subsection F(2) below, the Village Board may not issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a vocational, technical and adult education district and that conforms to curriculum guidelines specified by the Board of Vocational, Technical and Adult Education or a comparable training course that is approved by the Educational Approval Board or unless the applicant fulfills one of the following requirements:
G.
Display of license. Each license issued under the
provisions of this article shall be posted on the premises whenever
the operator dispenses beverages or be in his possession, or the licensee
shall carry a license card. [1]
H.
Revocation of operator's license. Violation of any
of the terms or provisions of the state law or of this article relating
to operators' licenses by any person holding such operator's license
shall be cause for revocation of the license.
Except as otherwise provided herein, any person who shall violate any provision of this article or who shall conduct any activity or make any sale for which a license is required without a license may be subject to a forfeiture as provided in Chapter 1, § 1-5 of this Code. Nothing herein shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the Wisconsin Statutes.
[Adopted 6-3-1996 as Title 11, Ch. 4 of the 1996 Code]
A.
Alcohol beverages in public areas. It shall be unlawful
for any person to sell, serve or give away, or offer to sell, serve
or give away, any alcoholic beverage upon any public street, sidewalk,
alley, public parking lot, highway, cemetery or drives or other public
area within the following described territory in the Village of Theresa
or on private property without the owner's consent, except at licensed
premises. It shall be unlawful for any person to consume or have in
his possession any open container containing alcohol beverage upon
any public street, public sidewalk, public way, public alley or public
parking lot within the Village of Theresa.
B.
Private property held out for public use. It shall
be unlawful for any person to consume any alcohol beverages upon any
private property held open for public use within the Village unless
the property is specifically named as being part of a licensed premises.
C.
Exceptions.
(1)
The provisions of this section may be waived by the
Village Board for duly authorized events.
D.
ALCOHOLIC BEVERAGE
PUBLIC AREA
UNDERAGE PERSON
Definitions. As used in this section, the following
terms shall have the meaning indicated:
Includes all ardent, spirituous, distilled or vinous liquors,
liquids or compounds, whether medicated, proprietary, patented, or
not, and by whatever name called, as well as all liquors and liquids
made by the alcoholic fermentation of an infusion in potable water
of barley malt and hops, with or without unmalted grains or decorticated
or degerminated grains or sugar, which contain 1/2 of 1% or more of
alcohol by volume and which are fit for use for beverage purposes.
Any location within the Village which is open to access to
persons not requiring specific permission of the owner to be at such
location, including all parking lots serving commercial establishments.
Any person under the legal drinking age as defined by the
Wisconsin Statutes.
A.
Sales of alcohol beverages to underage persons.
(1)
No person may procure for, sell, dispense or give
away any fermented malt beverages to any underage person not accompanied
by his or her parent, guardian or spouse who has attained the legal
drinking age.
(2)
No license or permittee may sell, vend, deal or traffic
in fermented malt beverages to or with any underage person not accompanied
by his or her parent, guardian or spouse who has attained the legal
drinking age.
(3)
No adult may knowingly permit or fail to take action
to prevent the illegal consumption of alcohol beverages by an underage
person on premises owned by the adult or under the adult's control.
This subsection does not apply to alcohol beverages used exclusively
as part of a religious service.
B.
Penalties.
(2)
In addition to the forfeitures provided in Subsection B(1)(a) and (b) above, a court shall suspend any license issued under this article to a person violating this subsection for:
(a)
Not more than three days, if the court finds
that the person committed a violation within 12 months after committing
one previous violation;
(b)
Not less than three days nor more than 10 days,
if the court finds that the person committed a violation within 12
months after committing two other violations; or
(c)
Not less than 15 days nor more than 30 days,
if the court finds that the person committed the violation within
12 months after committing three other violations.
A.
Restrictions. An underage person not accompanied by
his or her parent, guardian or spouse who has attained the legal drinking
age may not enter or be on any premises for which a license or permit
for the retail sale of alcohol beverages has been issued for any purpose
except the transaction of business pertaining to the licensed premises
with or for the licensee or his or her employee. The 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. This subsection does not apply to:
(1)
An underage person who is a resident, employee, lodger
or boarder on the premises controlled by the proprietor, licensee
or permittee of which the licensed premises consists or is a part.
(2)
An underage person who enters or is on a Class "A"
or "Class A" premises for the purpose of purchasing items other than
alcohol beverages. An underage person so entering the premises may
not remain on the premises after the purchase.
(3)
Hotels, drugstores, grocery stores, bowling alleys,
service stations, vessels, cars operated by any railroad, regularly
established athletic fields, stadiums or public facilities as defined
in § 125.51(5)(b)1d, Wis. Stats., which are owned by a county
or municipality.
(4)
Premises in the state fair park, concessions authorized on state-owned premises in the state parks and state forests as defined or designated in Chs. 27 and 28, Wis. Stats., and parks owned or operated by agricultural societies.
(5)
Ski chalets, golf courses and golf clubhouses and
private tennis clubs.
(6)
Premises operated under both a "Class B" alcoholic
beverage or Class "B" fermented malt beverage license or permit and
a restaurant permit where the principal business conducted is that
of a restaurant. If the premises are operated under both a "Class
B" alcoholic beverage or Class "B" fermented malt beverage license
or permit and a restaurant permit, the principal business conducted
is presumed to be the sale of alcohol beverages, but the presumption
may be rebutted by competent evidence.
(7)
An underage person who enters or remains on a "Class
B" alcoholic beverage or Class "B" fermented malt beverage premises
for the purpose of transacting business at an auction or market, if
the person does not enter or remain in a room where alcohol beverages
are sold, furnished or possessed.
(8)
An underage person who enters or remains in a room
on "Class B" alcoholic beverage or Class "B" fermented malt beverage
licensed premises separate from any room where alcohol beverages are
sold or served for the purpose of engaging in marching or drilling
with a group of other persons if no alcohol beverages are furnished
or consumed by any person in the room where the underage person is
present and the presence of underage persons is authorized under this
subsection. An underage person may enter and remain on "Class B" alcoholic
beverage or Class "B" fermented malt beverage premises under this
subsection only if the municipality which issued the "Class B" alcoholic
beverage or Class "B" fermented malt beverage license adopts an ordinance
permitting underage persons to enter and remain on the premises as
provided in this subsection and the law enforcement agency responsible
for enforcing the ordinance issues to the "Class B" alcoholic beverage
or Class "B" fermented malt beverage licensee a written authorization
permitting underage persons to be present under this subsection on
the date specified in the authorization. Before issuing the authorization,
the law enforcement agency shall make a determination that the presence
of underage persons on the licensed premises will not endanger their
health, welfare or safety or that of other members of the community.
The licensee shall obtain a separate authorization for each date on
which underage persons will be present on the premises.
(9)
A person who is at least 18 years of age and who is
working under a contract with the licensee, permittee or corporate
agent to provide entertainment for customers on the premises.
(10)
An underage person who enters or remains on
Class "B" or "Class B" licensed premises on a date specified by the
licensee or permittee during times when no alcohol beverages are consumed,
sold or given away. During those times, the licensee, the agent named
in the license if the licensee is a corporation or a person who has
an operator's license shall be on the premises unless all alcohol
beverages are stored in a locked portion of the premises. The licensee
shall notify the local law enforcement agency, in advance, of the
times underage persons will be allowed on the premises under this
subsection.
(11)
An underage person who enters or remains in
a dance hall attached to Class "B" or "Class B" licensed premises
if the dance hall is separate from any room where alcohol beverages
are sold, if there is a separate entrance to the dance hall and if
no alcohol beverages are furnished or consumed by any person in the
dance hall where the underage person is present.
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 attained the legal drinking age, possesses or consumes alcohol
beverages on licensed premises.
(4)
Falsely represents his or her age for the purpose
of receiving alcohol beverages from a licensee or permittee.
B.
Except as provided in § 125.07(4)bm, Wis.
Stats., any underage person not accompanied by his or her parent,
guardian or spouse who has attained the legal drinking age who knowingly
possesses or consumes fermented malt beverage is guilty of a violation.
C.
(1)
For a first violation, a forfeiture of not more than $50, suspension of the person's operating privilege as provided under § 343.30(6)(b)1, Wis. Stats., participation in a supervised work program under Subsection D or any combination of these penalties.
(2)
For a violation committed within 12 months of a previous violation, either a forfeiture of not more than $200, suspension of the person's operating privilege as provided under § 343.30(6)(b)2, Wis. Stats., participation in a supervised work program under Subsection D or any combination of these penalties.
(3)
For a violation committed within 12 months of two or more previous violations, either a forfeiture of not less than $300, revocation of the person's operating privilege under § 343.30(6)(b)3, Wis. Stats., participation in a supervised work program under Subsection D or any combination of these penalties.
(4)
For a violation committed within 12 months of three
or more previous violations, either a forfeiture of not less than
$500 nor more than $1,000, revocation of the person's operating privilege
under § 343.30(6)(b)3, Wis. Stats., participation in a supervised
work program or any combination of these penalties.
D.
Supervised work program.
(1)
If the court orders a person to participate in a supervised work program under Subsection C, the court shall set standards for the program within the budgetary limits established by the Village Board. The program may provide the person with reasonable compensation reflecting the market value of the work performed or it may consist of uncompensated community service work and shall be administered by the County Department of Public Welfare or a community agency approved by the court.
(2)
The supervised work program shall be of a constructive
nature designed to promote the person's rehabilitation, shall be appropriate
to the person's age level and physical ability and shall be combined
with counseling from an agency staff member or other qualified person.
The program may not conflict with the person's regular attendance
at school. The amount of work required shall be reasonably related
to the seriousness of the person's offense.
E.
When a court revokes or suspends a person's operating privilege under Subsection C, the Department of Transportation may not disclose information concerning or relating to the revocation or suspension to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency or the person whose operating privilege is revoked or suspended. A person entitled to receive information under this subsection may not disclose the information to any other person or agency.
F.
A person who is under 17 years of age on the date
of disposition is subject to § 938.344, Wis. Stats., unless
proceedings have been instituted against the person in a court of
civil or criminal justice after dismissal of the citation under § 938.344(3),
Wis. Stats.[1]
A.
Defenses. In determining whether or not a licensee or permittee has violated § 201-23A or 201-24A, all relevant circumstances surrounding the presence of the underage person or the procuring, selling, dispensing or giving away of alcohol beverages maybe considered. In addition, proof of all of the following facts by a seller of alcohol beverages to an underage person is a defense to any prosecution for a violation of these sections:
(1)
The purchaser falsely represented that he or she had
attained the legal drinking age.
(2)
The appearance of the purchaser was such that an ordinary
and prudent person would believe that the purchaser had attained the
legal drinking age.
(3)
The sale was made in good faith and in reliance on
the representation and appearance of the purchaser in the belief that
the purchaser had attained the legal drinking age.
B.
Book kept by licensees and permittees.
(1)
Every retail alcohol beverage licensee or permittee may keep a book for the purpose of Subsection A above. The licensee or permittee or his or her employee may require any of the following persons to sign the book:
(a)
A person who has shown documentary proof that
he or she has attained the legal drinking age if the person's age
is in question.
(b)
A person who alleges that he or she is the underage
person's parent, guardian or spouse and that he or she has attained
the legal drinking age, if the licensee or permittee or his or her
employee suspects that he or she is not the underage person's parent,
guardian or spouse or that he or she has not attained the legal drinking
age.
(2)
The book may show the date of the purchase of the
alcohol beverage, the identification used in making the purchase or
the identification used to establish that a person is an underage
person's parent, guardian or spouse and has attained the legal drinking
age, the address of the purchase and the purchaser's signature.
A.
Any person who has attained the legal drinking age,
other than one authorized by § 343.50, Wis. Stats., who
makes, alters or duplicates an official identification card may be
fined not less than $100 nor more than $500 and, on default of payment
of such fine, may be imprisoned until such fine is paid, but not less
than 10 days nor more than 30 days.[1]
B.
Any person who has attained the legal drinking age
who, in applying for an identification card, presents false information
to the issuing officer may be fined not less than $100 nor more than
$500 and, on default of payment of such fine, may be imprisoned until
such fine is paid, but not more than 10 days.[2]
C.
Any underage person who does any of the following may be subject to the penalties specified under § 201-25C or D:
(1)
Intentionally carries an official identification card
not legally issued to him or her, an official identification card
obtained under false pretenses or an official identification card
which has been altered or duplicated to convey false information.
A law enforcement officer shall confiscate any card that violates
this subsection.
(2)
Makes, alters or duplicates an official identification
card.
(3)
Presents false information to an issuing officer in
applying for an official identification card.
A.
MOTOR VEHICLE
SCHOOL
SCHOOL ADMINISTRATOR
SCHOOL PREMISES
As used in this section, the following terms shall
have the meaning indicated:
A motor vehicle owned, rented or consigned to a school.
A public, parochial or private school which provides an educational
program for one or more grades between grades one and 12 and which
is commonly known as an elementary school, middle school, junior high
school, senior high school or high school.
The person designated by the governing body of a school as
ultimately responsible for the ordinary operations of a school.
Premises owned, rented or under the control of a school.
C.
Alcohol beverages may be possessed or consumed on
school premises, in motor vehicles or by participants in school-sponsored
activities if specifically permitted in writing by the school administrator
consistent with applicable laws and ordinances.
A.
No adult may knowingly permit or fail to take action
to prevent the illegal consumption of alcohol beverages by an underage
person on premises owned by the person or under the person's control.
This subsection does not apply to alcohol beverages used exclusively
as part of a religious service.
C.
A person who violates this section may be subject
to a forfeiture of not more than $200.
Any licensee, permittee or bartender of a retail
alcohol beverage establishment covered by a license or permit issued
by the Village 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 section.
[Added 3-7-2011]
A.
Required for outdoor consumption. 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 Village of
Theresa Village Board. The permits are a privilege in which no rights
vest and therefore may be revoked by the Village 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 beverage
in any enclosed part of the licensed premises that is not described
in a valid beer garden permit.
B.
Limitations on issuance of beer garden permit. 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.
(1)
No permit shall be issued for a beer garden if any part of the beer
garden is within 50 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
Village Board.
(2)
No permit shall be issued for a beer garden if the beer garden area
is greater than 50% of the gross floor area of the adjoining licensed
premises.
(3)
Every beer garden shall be completely enclosed with a fence, wall
or screen not less than six feet in height. For open decks, lattice
will be required from the deck floor to the railing.
(4)
Amplified sound or music is permitted within the enclosed licenses
premises only, not within the beer garden.
(5)
Use of the beer garden is prohibited after 10:00 p.m. Sunday through
Thursday and after 11:00 p.m. Friday through Saturday, at which time
all access must be secured.
(6)
Bartenders shall be responsible for policing the beer garden at all
times it is open for operation.
(7)
Access to the beer garden shall be through the main (indoor) entrances
to the Class "B" premises. The beer garden shall be equipped with
a locking system and a fire exit that meets fire codes.
C.
Adjoining property owners to be notified of pending applications.
All property owners within 150 feet of the premises in which the proposed
beer garden is attached shall be notified, by first-class mail, of
a pending application for a beer garden permit.
D.
State statutes enforced within beer garden. Every permitee under
this section 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 beer garden
permit.
