[HISTORY: Adopted by the Town Board of the Town of Hudson 5-1-1961. Amendments noted where applicable.]
GENERAL REFERENCES
Assessments — See Ch. 9.
Citations — See Ch. 32.
Fees — See Ch. A113.
[Amended 4-2-2001 by Ord. No. 04-02-01]
The provisions of Chapter 125 of the Wisconsin Statutes regulating the sale of intoxicating liquor, except provisions therein relating to penalties to be imposed, are hereby adopted and made part of this chapter by reference.
No person, firm, partnership, corporation or association shall vend, sell, deal or traffic in or, for the purpose of evading any law or ordinance, give away any intoxicating liquor in any quantity whatever, or cause the same to be done, without having procured a license as provided in this chapter, nor without complying with all the provisions of this chapter, and all statutes, ordinances and regulations applicable thereto, except as provided by Sections 125.06(2) and 125.06(7) and (8) of the Wisconsin Statutes.
[Amended 4-2-2001 by Ord. No. 04-02-01; 4-10-2018]
A. 
The fees for the following licenses per year shall be as set from time to time by resolution of the Town Board. Section 125.51, Wis. Stats., shall apply to such licenses:
(1) 
Retail "Class A" intoxicating liquor.
(2) 
Retail "Class B" fermented malt beverage.
(3) 
Retail Class "A" intoxicating liquor.
(4) 
Retail Class "B" fermented malt beverage.
(5) 
Retail "Class C" wine.
(6) 
Operator's license.
(7) 
Reserve "Class B."
(8) 
Temporary Class "B" fermented malt beverage.
B. 
A retail license, "Class A" liquor license, shall permit its holder to sell, deal and traffic in intoxicating liquors only in original packages or containers to be consumed off the premises so licensed.
C. 
A retail license, "Class B" liquor license, authorizes the sale of intoxicating liquor to be consumed by the glass on the premises where sold or off the premises if the licensee seals the container of intoxicating liquor with a tamper-evident seal before the intoxicating liquor if removed from the premises. The "Class B" license also authorizes the sale of intoxicating liquor in the original package or container, in any quantity, to be consumed off premises where sold. The "Class B" license authorizes the retail sale of wine in an opened original bottle, in a quantity not to exceed one bottle, for consumption both on and off the premises where sold if all of the following apply:
[Amended 12-5-2023 by Res. No. 2023-12]
(1) 
The licensed premises is a restaurant also operated under a "Class B" or "Class C" license and the purchaser of the wine orders food to be consumed on the licensed premises.
(2) 
The licensee provides a dated receipt that identifies the purchase of the food and the bottle of wine.
(3) 
Prior to the opened, partially consumed bottle of wine being taken off the licensed premises, the licensee securely reinserts the cork into the bottle to the point where the top of the cork is even with the top of the bottle and cork is reinserted at a time other than during the time of 12:00 midnight through 8:00 a.m.
This subsection does not apply to a winery that has been issued a "Class B" license.
D. 
A retail Class "A" fermented malt beverage license authorizes sales only for consumption away from the premises where sold and in the original package, containers or bottles.
E. 
A retail Class "B" fermented malt beverage license permits its holder to sell fermented malt beverages, either to be consumed on the premises where sold or away from such premises.
F. 
A retail "Class C" wine license authorizes the retail sale of wine by the glass or in an open original container for consumption on the premises where sold.
A. 
The fee per year for each operator license issued shall be as set from time to time by motion of the Town Board. The license is valid for up to two years and expires on June 30.
[Amended 3-2-2010]
B. 
An applicant must complete a responsible beverage server training course. Applicants are exempted from the training course requirement if they are renewing an existing operator's license, have completed the training course within the last two years or have held a retail license, manager's or operator's license within the last two years.
C. 
Provisional operator's license. The Clerk may issue a provisional operator's license to a person qualified under Ch. 125, Wis. Stats., for an operator's license, provided that such person has applied for a regular operator's license and is enrolled in a training course under § 125.17(6), Wis. Stats. The fee for a provisional operator's license shall be as set from time to time by motion of the Town Board, and such license shall expire 60 days after its issuance. A provisional license may not be issued to any person who has been denied an operator's license by the Town Board, and the Clerk may revoke the provisional operator's license if he or she discovers that the holder of the license made a false statement on the application.
[Added 10-1-2019]
[1]
Editor's Note: See Ch. A113, Fees.
A. 
Application for a license to sell or deal in intoxicating liquor shall be made in writing on the form prescribed by the State Treasurer and shall be sworn to by the applicant as provided by Sections 887.01 to 887.03 of the Wisconsin Statutes.
B. 
The Town Board shall have the right to require such other and further information as it finds reasonably necessary to enable it to pass on the qualification of the applicant.
C. 
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.
D. 
The Town Board shall meet and act upon applications as provided by Section 125.51(1)(c) of the Wisconsin Statutes. Upon approval, a duplicate copy of each application shall be forwarded to the State Treasurer.
No license shall be granted for operation on any premises upon which taxes or assessments or other financial claims of the Town are delinquent and unpaid.
[Amended 4-2-2001 by Ord. No. 04-02-01]
A. 
No premises for which a Class "B" license or permit is issued may remain open between the hours of 2:00 a.m. and 6:00 a.m. On Saturday and Sunday, the closing hours shall be between 2:30 a.m. and 6:00 a.m. On January 1, premises operating under a Class "B" license or permit are not required to close.
B. 
Between 12:00 midnight and 6:00 a.m. no person may sell fermented malt beverages on Class "B" licensed premises in an original unopened package, container or bottle or for consumption away from the premises.
C. 
Class "A" premises may not sell intoxicating liquor nor fermented malt beverages between 9:00 p.m. and 8:00 a.m.
[Amended 12-7-2021 by Ord. No. 2021-3; 5-2-2023 by Ord. No. 2023-1]
D. 
Hotels and restaurants, the principal business of which is the furnishing of food and lodging to patrons, bowling centers, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but may not sell fermented malt beverages during the hours specified in Subsection A.
[Amended 12-7-2021 by Ord. No. 2021-3]
No licensee or other person shall sell, give, transfer or furnish any intoxicating liquor to any person under the age of 21 years.
A. 
Any person, firm or corporation violating any provision of this chapter shall, upon conviction thereof, forfeit not more than $200 and the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution may be imprisoned in the County Jail until payment of such forfeiture and the costs of prosecution, but not exceeding 30 days for each violation. Each day of violation shall constitute a separate offense.
B. 
In the event of conviction for a second offense under this chapter or for a violation of Chapter 125 or Chapter 139 of the Wisconsin Statutes, any license which may have been issued by the Town shall without notice be forthwith automatically forfeited. Such court or the clerk thereof shall file a copy of such court order in the office of the Town Clerk.
[Amended 4-2-2001 by Ord. No. 04-02-01]
C. 
Penalties and/or forfeitures in this chapter are also covered in the Citation Ordinance.[1] If there is a conflict between this chapter and the Citation Ordinance, the Citation Ordinance has precedence.
[1]
Editor's Note: See Ch. 32, Citations.