[HISTORY: Adopted by the Town Board of the
Town of Hudson 5-1-1961. Amendments noted where applicable.]
[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:
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]
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]
