[HISTORY: Adopted by the Town Board of the
Town of Cedarburg as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-2-1991 as Title 7, Ch. 2 of the 1991 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.
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"
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 Town Clerk
under the authority of the Town 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 Town Clerk
under authority of the Town 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.
Retail
"Class B" winery license. A retail "Class B" winery license, when
issued by the Town Clerk under authority of the Town Board, shall
permit its holder to sell, deal and traffic wine only by the glass
or in open containers on the premises, and also authorizes the sale
of wine in the original package or container to be consumed off the
premises. This license does not also authorize the sale of fermented
malt beverages or any intoxicating liquor other than wine. The Town
cannot issue a winery license unless the applicant has first obtained
a winery permit from the State of Wisconsin.
[Added 9-1-2021 by Ord. No. 2021-9[1]]
D.
Class "A" fermented malt beverage retailer's license.
A Class "A" fermented malt beverage retailer's license, when issued
by the Town Clerk under the authority of the Town 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.
E.
Class "B" fermented malt beverage retailer's license.
(1)
License. A Class "B" fermented malt beverage retailer's
license, when issued by the Town Clerk under the authority of the
Town Board, shall entitle the holder thereof to possess, sell or offer
for sale fermented malt beverages either to be consumed upon the premises
where sold or away from such premises. The holder may also sell beverages
containing less than 0.5% 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 beverages wholesalers.
F.
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 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. 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 Town 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 Town
Clerk 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 shall, upon conviction thereof, be subject to
a forfeiture of $200 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 Town 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 Town park, the
applicant shall specify the main point of sale facility.
G.
[2]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., or 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 Town
Clerk 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 shall, upon conviction thereof, be subject to
a forfeiture of $200 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 Town 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 Town park,
the applicant shall specify the main point of sale facility.
[2]
Editor's Note: Former Subsection G, regarding wholesaler's
licenses, was repealed 9-1-2021 by Ord. No. 2021-9.
H.
Retail reserve "Class B" intoxicating liquor license.
A retail reserve "Class B" intoxicating liquor license is a license
available under the quota system existing before December 1, 1997,
that was not granted or issued by the Town Clerk as of December 1,
1997. The number of retail reserve "Class B" intoxicating liquor licenses
available to a municipality is determined by a series of calculations
described in § 125.51(4), Wis. Stats. A retail reserve "Class
B" intoxicating liquor license, when issued by Town Clerk under the
authority of the Town Board, shall permit its holder to sell, deal
and traffic 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.
[Amended 1-5-2000 by Ord. No. 2000-4]
There shall be the following classes of licenses which, when issued by the Town Clerk under the authority of the Town 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 § 175-4 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 set by the Town Board.
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.
[Amended 12-1-2004 by Ord. No. 2004-17]
B.
Class "B" fermented malt beverage license. The annual
fee for this license shall be as set by the Town Board. 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 set by the Town Board.
D.
Temporary "Class B" wine license. The fee for this
license shall be as set by the Town Board per event. However, there
shall be no fee if the temporary wine license is obtained along with
a temporary fermented malt beverage license.
E.
"Class B" winery license. The annual fee for this
license shall be as set by the Town Board.
[Amended 9-1-2021 by Ord. No. 2021-9]
F.
"Class A" intoxicating liquor retailer's license.
The annual fee for this license shall be as set by the Town Board.
[Amended 12-1-2004 by Ord. No. 2004-17]
G.
"Class B" intoxicating liquor retailer's license.
The annual fee for this license shall be as set by the Town Board.
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.
[Amended 12-1-2004 by Ord. No. 2004-17]
H.
Retail reserve "Class B" intoxicating liquor license.
[Amended 1-5-2000 by Ord. No. 2000-4]
(1)
Fee. The initial fee for the issuance of this license shall be as set by the Town Board, to be paid in addition to the regular Class "B" and "Class B" fee, upon approval of a reserve "Class B" intoxicating liquor license, except that the fee for an initial issuance of a retail reserve "Class B" intoxicating liquor license to a bona fide club or lodge situated and incorporated in the state for at least six years shall be the annual license fee as set forth in Subsections B and G of this section, as applicable thereto.
(2)
Grants for certain retail reserve "Class B" intoxicating
liquor licenses.
(a)
Whereas § 125.51(3)(e)(2), Wis. Stats., establishes a new alcohol license called a reserve "Class B" license (herein referred to as "retail reserve 'Class B' intoxicating liquor license") and requires that all who are granted such a license pay an initial license fee of $10,000 in addition to the regular Class "B" and "Class B" license fees, the Town Board finds that businesses such as restaurants, hotels and taverns make important contributions to the Town's economy and serve an important public purpose, including but not limited to increasing the Town's property tax base, providing employment and promoting tourism. The Town Board also finds that the new initial fee for a retail reserve "Class B" intoxicating liquor license far exceeds the actual cost of licensing the activity and that excessive license fees deter new business and are contrary to economic growth. It is the purpose of this Subsection H(2) to utilize the excess revenue generated by state statutes identified hereinabove to assist new retail reserve "Class B" intoxicating liquor licensees in the establishment of new businesses and serve the important public purposes identified herein.
(b)
The Town Board may provide a grant to a retail
reserve "Class B" intoxicating liquor licensee if the following conditions
are met:
[1]
A retail reserve "Class B" intoxicating liquor
license is granted to the licensee;
[2]
The retail reserve "Class B" licensee applicant
properly completes, executes and submits an application for a grant
to the Town Board on a form provided by the Town Clerk at the same
time the applicant submits the application for a retail reserve "Class
B" intoxicating liquor license; and
[3]
The retail reserve "Class B" intoxicating liquor
licensee pays the initial fee to the Town, in addition to the regular
fees for the "Class B" and "Class B" licenses.
(c)
In making its determination whether to award any grant to a retail reserve "Class B" liquor licensee under this Subsection H(2), the Town Board shall make such findings and establish such conditions as it deems necessary to ensure that any funds awarded hereunder serve the important public purposes identified in Subsection H(2)(a).
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 Town Clerk 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 Town Clerk shall publish each application
for a Class "A," Class "B," "Class A" or "Class B" 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 Town 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. Retail intoxicating liquor and fermented
malt beverage licenses issued by the Town Board shall be limited in
number to the quota prescribed by state law.
A.
Residence 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 ease or by deed.
E.
Corporate restrictions.
(1)
No license or permit may be issued to any corporation
unless the corporation meets the qualifications under § 125.04(5)(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(5)(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(5)(a)2, Wis. Stats. The requirement that
the corporation meet the qualifications under § 125.04(5)(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 Town Clerk 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.
License limited to described premises. Intoxicating
liquors or fermented malt beverages shall be kept, sold or offered
for sale only on those premises specifically described as to building
and/or land area in the license application. No license shall be issued
to any person, firm, partnership, corporation or association for the
purpose of possession, selling or offering for sale any intoxicating
liquors or fermented malt beverages in any dwelling, house, flat or
residential apartment.
The Town Clerk shall notify the Town Constable
and building, electrical, plumbing, fire and other inspectors of all
license and permit applications, 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 Town Clerk in writing, who shall forward to the Town 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.
Delinquent Town claims. 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 Town are
delinquent and unpaid.
B.
Sanitary, safety and health requirements. 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 Department of Health and Family Services and Town Board
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 Town.[1]
C.
Other considerations. 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.
Arrest and conviction record. 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 Town Board, the Town Board reserves the right to consider
the severity and the 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.
Public hearing; fee. 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 Town Board,
the Town Clerk shall issue to the applicant a license, upon payment
by the applicant of the license fee to the Town.[1]
B.
Appeal denial. If the Town 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
Town 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 Town
Board consents to the request. Such written notice shall be mailed
or served upon the applicant at least 10 days prior to the Town Board
meeting at which the application is to be reconsidered.
A.
Transfer of license. 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 Town Board. An application for transfer shall be made on a form
furnished by the Town Clerk. 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 by § 125.04(12),
Wis. Stats. Whenever a license is transferred, the Town Clerk 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 Town for reissuance of said license, and the Town, as
the licensing authority, shall in no way be bound to reissue said
license to said subsequent purchaser.[1]
B.
Corporate agent replaced. Whenever the agent of a
corporate holder of a license is for any reason replaced, the licensee
shall give the Town Clerk written notice of said replacement, the
reasons therefor and the new appointment. Until the next regular meeting
or special meeting of the Town 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 Town Clerk 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 Town Board until
the successor agent or another qualified agent is appointed and approved
by the Town.
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.
A.
License posted conspicuously. 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.
License on described premises only; not defaced or
destroyed. It shall be unlawful for any person to post such license
or permit it to be posted 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 Town 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 Town 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 Town 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" or Class "B" 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" or Class "B" 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 Department of Health and Family Services governing sanitation
in restaurants shall apply to all "Class B" liquor licenses issued
under this article. No "Class B" license shall be issued unless the
premises to be licensed conforms 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.
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" or "Class B" liquor 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.
K.
Improper exhibitions. It shall be unlawful for any
person to perform, or for any licensee or manager or agent of the
licensee to permit any employee, entertainer or patron to engage in,
any live act, demonstration, dance or exhibition on the licensed premises
which:
(1)
Exposes his or her genitals, pubic hair, buttocks,
perineum, anal region or pubic hair region;
(2)
Exposes any device, costume or covering which gives
the appearance of or simulates genitals, pubic hair, buttocks, perineum,
anal region or pubic hair region;
(3)
Exposes any portion of the female breast at or below
the areola thereof;
(4)
Engages in or simulates sexual intercourse and/or
any sexual contact, including the touching of any portion of the female
breast or the male and/or female genitals; or
L.
Improper conduct. No person possessing a Class "B"
fermented malt beverage retailer's license or a "Class B" intoxicating
liquor retailer's license, personally or through his employee, shall
permit or engage in the following conduct on licensed premises, and
no entertainer or employee shall engage in the following conduct on
said licensed premises:
(1)
The performance of acts or simulated acts of sexual
intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation
or sexual acts which are prohibited by law;
(2)
The actual or simulated touching, caressing or fondling
on the breast, buttocks, anus, vulva or genitals;
(3)
The actual or simulated displaying of the areola of
the breast, pubic hair, anus, vulva or genitals;
(4)
The showing of films or slides depicting any of the
acts which are prohibited by the regulations stated above; or
M.
Certain performances and costumes prohibited. No licensee,
either personally or through his agent or employee, shall furnish
entertainment or permit the performance of any act, stunt or dance
by dancers, performers or entertainers, whether such dancers, performers
or entertainers are employed by the licensee or through his agent
or not, and no entertainer or employee shall furnish any entertainment
or perform any act, stunt or dance unless such dancers, performers
or entertainers shall meet the following wearing apparel standards
when performing or when present upon the premises:
(1)
That portion of every costume to be worn by dances,
performers or entertainers covered by the provisions of this subsection
and which relates to the breast or chest area and/or to the area of
the sex organs and buttocks shall be of nontransparent material;
(2)
The top portion of the costume worn by the female
dancer, performer or entertainer or a female impersonator shall be
so conformed, fabricated and affixed to the body so as to keep the
areola of the breast completely covered at all times;
(3)
The lower portion of the costume worn by a female
dancer, performer or entertainer or a female impersonator shall encircle
the body at the area of the sex organs and buttocks. This portion
of the costume shall be of such dimensions and so conformed, fabricated
and affixed to the body so as to completely cover the sex organs,
the pubic hair and the cleavage of the buttocks at all times. An animal
fur piece or other device simulating the hair surrounding the pubic
area shall not constitute compliance with the costume requirements
of this subsection;
(4)
The lower portion of the costume worn by a male dancer,
performer or entertainer shall encircle the area of the sex organs
and the buttocks. This portion of the costume shall be of such dimensions
and so conformed, fabricated and affixed to the body so as to completely
cover the pubic hair, sex organs and the cleavage of the buttocks
at all times; or
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 or
Class "B" fermented malt beverage 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.
Carry-out 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 Town-owned property or privately owned property within the
Town of Cedarburg, except through the issuance of a temporary Class
"B" fermented malt beverage license or temporary "Class B" wine license
issued by the Town 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 Town-owned property or
privately owned property may be authorized by the Town 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 § 175-21. Members of an organization which is issued a temporary license and who are issued operators' licenses for the event shall 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.
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.
D.
Licensed operator requirement. A licensed operator
shall be stationed at all points of sales at all times.
E.
Permitted cups or cans only. Intoxicants will be sold
only in paper, foam or plastic cups or cans.
F.
Additional requirements. In addition, requesting organizations
shall comply with the following:
(1)
When the event sponsored by the requesting organization
is to take place on Town park property, the organization shall work
closely with the Town officials in locating, setting up and identifying
the size of the snow fence area. Such information shall be made part
of the temporary Class "B" permit application.
(2)
When the event sponsored by the requesting organization
is to take place on Town-owned property other than park property and/or
privately owned property, the organization shall work closely with
the Town Constable in locating and setting up the snow fence area.
The Town Constable shall work closely with the requesting organization
in identifying the size of the fenced-in area and the exact location.
Such information shall be made part of the temporary Class "B" permit
application. For indoor events, the structure used must have suitable
exits and open spaces to accommodate anticipated attendance. It shall
contain adequate sanitary facilities to accommodate the size of the
group.
G.
Insurance. The applicant for a temporary fermented
malt beverage or wine license may be required to indemnify, defend
and hold the Town 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 Town of Cedarburg.
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 Town Board. All persons issued a license to
sell alcohol beverages in the Town for which a quota exists limiting
the number of such licenses that may be issued by the Town 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.
Notice to Constable. The licensee or agent of a corporate
licensee shall notify the Town Constable 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 Town Constable
and shall be given on forms prescribed by the Constable. After a nonalcohol
event notice has been given, the licensee may cancel an event(s) only
by giving like notice to the Town Constable in accordance with the
provisions of this subsection. Regardless of the date given, all notices
shall expire and be deemed cancelled no later than the date of expiration
or revocation of the applicable retail Class "B" or "Class B" license.
B.
Notice card. During the period of any nonalcohol event
a notice card prescribed by the Town Constable 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 Town Constable to a requesting
licensee.
C.
No alcoholic beverages. 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.
Alcoholic beverages out of sight. 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.
Operator's license required.
(1)
Class "A" or Class "B" premises. Except as provided
under §§ 125.32(3)(b) and 125.07(3)(a)10, Wis. Stats.,
no premises operated under a Class "A" or Class "B" 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" or Class "B" 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.
(2)
Use by another prohibited. No person may allow another
to use his or her Class "A" or Class "B" license or permit to sell
alcohol beverages.
B.
Procedure upon application.
(1)
Issue of license. The Town Board may issue an operator's
license, which license shall be granted only upon application in writing
on forms to be obtained from the Town Clerk only to persons 18 years
of age or older. Operators' licenses shall be operative only within
the limits of the Town.
(2)
Investigation. All applications are subject to an
investigation by the Town Constable 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 Town Constable 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 Town Constable shall recommend,
in writing, to the Town Board approval or denial of the application.
If the Town Constable recommends denial, the Constable shall provide,
in writing, the reasons for such recommendation.[1]
C.
Duration. Licenses issued under the provisions of
this article shall be valid for a period of one year and shall expire
on the 30th day of June of each year.
D.
Operator's license fee; provisional license.
(2)
Provisional license permitted.
(a)
Standards. A provisional operator's license
is issued for purposes of compliance with § 125.17(5), Wis.
Stats. The Town Clerk or the Clerk's designee is hereby designated
to have the authority to issue said provisional operator's license
if the following conditions have been met:
[1]
The applicant has filed a completed application
for an operator's license pursuant to § 125.17(1), Wis.
Stats., and the Town of Cedarburg Code;
[2]
The Town Board has not previously denied, revoked
or suspended an application by the applicant for an operator's license
pursuant to § 125.17(1), Wis. Stats., and the Town of Cedarburg
Code;
[3]
The Town Constable has reviewed the applicant's
application for an operator's license and has reported back to the
Town Clerk that he has determined that the applicant has no prior
record or criminal convictions (whether the offense is a felony or
a misdemeanor) or ordinance violations which involve in any way the
possession, distribution, use or control of alcoholic beverages or
controlled substances [as that term is defined in § 961.01(4),
Wis. Stats.]; and
[4]
At the time the applicant applies for the provisional
operator's license, no meeting of the Town of Cedarburg Town Board
during which the applicant's application for an operator's license
could be considered is scheduled to occur within the next seven days.
(b)
Expiration. A provisional operator's license issued pursuant to this Subsection D(2) shall expire upon the earlier of:
(c)
Fee. There shall be a nonrefundable fee as set
by the Town Board for the issuance of a provisional operator's license.
(d)
Revocation. If, after issuance of a provisional operator's license pursuant to this Subsection D(2), the Town Clerk or the Clerk's designee discovers that the holder of said license made a false statement on his application for an operator's license, the Town Clerk shall immediately revoke the provisional operator's license.
E.
Issuance or denial or operator's licenses.
(1)
Issued by Town Clerk. After the Town Board approves
the granting of an operator's license, the Town Clerk 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)
Appeal of denial.
(a)
If the application is denied by the Town Board,
the Town Clerk shall, in writing, inform the applicant of the denial
and the reasons therefor and of the opportunity to request a reconsideration
of the application by the Town 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.
(b)
If, upon reconsideration, the Board again denies
the application, the Town Clerk 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 Circuit Court pursuant
to § 125.12(2)(d), Wis. Stats., for review.
(3)
Considerations. Consideration for the granting or
denial of a license will be based on:
(a)
The 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.
(4)
Revocation for conviction. If a licensee is convicted
of an offense substantially related to the licensed activity, the
Town Board may act to revoke or suspend the license.
(5)
Convictions considered. 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 Town Board,
the Town 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 Town 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)
Training course required. Except as provided in Subsection F(2) below, the Town 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 unless the applicant fulfills one of the following requirements:
(2)
Provisional license. The Town Board may issue a provisional operator's license to a person who is enrolled in a training course under Subsection F(1) above and shall revoke that license if the applicant fails successfully to complete the course in which he or she enrolls.
G.
Display of license. Each license issued under the
provisions of this section shall be posted on the premises whenever
the operator dispenses beverages or be in his possession, or the licensee
shall carry a license card.
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, shall be subject to a forfeiture as provided in Chapter 1, § 1-3 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 1-2-1991 as Title 9, Ch. 5 of the 1991 Code]
A.
Alcoholic beverages in public areas.
(1)
Regulations. 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, park, alley,
public parking lot, highway, cemetery or drive or other public area
within the Town of Cedarburg 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 Town except at licensed
premises.
(2)
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 Town unless the
property is specifically named as being part of a licensed premises.
(3)
Leaving licensed premises with open container.
(4)
Parks. It shall be unlawful for any person to drink
or have in his possession any alcohol beverage in any Town park between
the hours of 9:00 p.m. and 6:00 a.m. except at licensed premises.
(5)
Picnic beer permits for parks.
(a)
It shall be unlawful for any group of persons
which exceeds 20 to consume any alcohol beverages in any park areas
without first obtaining a picnic beer permit from the Town. The picnic
beer permits shall be issued by the Town Clerk.
(b)
Applicants for special Class "B" permits shall fully comply with the requirements of § 175-16 of this chapter.
(c)
The sale of fermented malt beverages from remote
sites, that is, other than the main point of sale facility, shall
be prohibited after the hour of 9:00 p.m.
(6)
Exceptions.
(a)
The provisions of this section may be waived
by the Town Board for duly authorized events.
B.
ALCOHOLIC BEVERAGE
PUBLIC AREA
UNDERAGE PERSON
Definitions. As used in this section, the following
terms shall have the meaning indicated:
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 Town 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, or procure for, sell, dispense or give away any intoxicating
liquor to any underage person.
(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 or sell, vend, deal or traffic in intoxicating liquor
to or with any underage person.
B.
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"
retail intoxicating liquor premises for the purpose of purchasing
edibles or beverages 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,
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 clubhouses and private tennis clubs.
(6)
Premises operated under both a "Class B" intoxicating
liquor 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" intoxicating liquor 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" intoxicating liquor 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 or furnished.
(8)
An underage person who enters or remains in a room
on "Class B" intoxicating liquor 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" intoxicating
liquor or Class "B" fermented malt beverage premises under this subsection
only if the municipality which issued the "Class B" intoxicating liquor
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" intoxicating liquor 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.
A.
Any underage person who does any of the following
is guilty of a violation:
B.
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 $100, 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 more than $150, 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.
D.
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 Town 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. Proof of the following facts by a seller
of alcohol beverages to an underage person is a defense to any prosecution
for a violation of this article:
(1)
The purchaser falsely represented in writing and supported
with other documentary proof 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 written 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. Every retail
alcohol beverage licensee or permittee shall cause a book to be kept
for the purpose of this section. The licensee or permittee or his
or her employee shall require any person who has shown documentary
proof that he or she has attained the legal drinking age to sign the
book if the person's age is in question. The book shall show the date
of the purchase of the alcohol beverages, the identification used
in making the purchase, the address of the purchaser and the purchaser's
signature.
A.
Identification cards.[1]
(1)
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
subject to a forfeiture of not less than $100 nor more than $500 and,
on default of payment of such forfeiture, may be imprisoned until
such forfeiture is paid, but not to exceed 30 days.
(2)
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 subject to a forfeiture of not less
than $100 nor more than $500 and, on default of payment of such forfeiture,
may be imprisoned until such forfeiture is paid, but not to exceed
10 days.
B.
Any underage person who does any of the following is subject to the penalties specified under § 175-24C 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 is 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 Town who permits an entertainer or an employee to solicit a
drink of any alcohol beverage defined in § 125.02(1), Wis.
Stats., or any other drink from a customer on the premises, or any
entertainer or employee who solicits such drinks from any customer,
is deemed in violation of this section.
