[HISTORY: Adopted by the Town Board of the
Town of Lake Tomahawk 5-11-1988 as §§ 12.03 and 12.10
of the 1988 Code. Amendments noted where applicable.]
The provisions of Ch. 125, Wis. Stats., defining
and regulating the sale, procurement, dispensing and transfer of alcohol
beverages, including provisions relating to persons under the legal
drinking age, are adopted and made a part of this chapter by reference.
A violation of any of such provisions shall constitute a violation
of this chapter.
A.
When required. Except as provided by § 125.06,
Wis. Stats., no person shall, within the Town, serve, sell, manufacture,
rectify, brew or engage in any other activity for which this chapter
or Ch. 125, Wis. Stats., requires a license, permit or other authorization
without holding the appropriate license, permit or other authorization
as provided in this chapter. See § 125.04(1), Wis. Stats.
B.
Separate license required for each place of sale.
Except for licensed public warehouses, a license shall be required
for each location or premises where alcohol beverages are stored,
sold or offered for sale. See § 125.04(9), Wis. Stats.
The following classes and denominations of licenses may be issued by the Town Clerk under the authority of the Town Board upon compliance with law and payment of the fee specified in Chapter 245, Licenses and Permits, which when so issued shall permit the holder to sell, deal or traffic in alcohol beverages as provided in the referenced state statute. Except as otherwise provided in this chapter, the full license fee shall be charged for the whole or fraction of any year.
A.
Class "A" fermented malt beverage retailer's license.
See § 125.25, Wis. Stats.
B.
Class "B" fermented malt beverage retailer's license.
See § 125.26, Wis. Stats.
(1)
Six months. A Class "B" license may be issued at any
time for six months in any calendar year, for 50% of the applicable
license fee. Such license shall not be renewable during the calendar
year in which issued. See § 125.26(5), Wis. Stats.
[Amended 2-14-2007]
(2)
Picnic. See § 125.26(6), Wis. Stats.
C.
Wholesaler's fermented malt beverage license. May
not exceed $25 per year or fraction thereof. See § 125.28,
Wis. Stats.
D.
Retail "Class A" liquor license. See § 125.51(2),
Wis. Stats.
E.
Retail "Class B" liquor license. A retail "Class B"
liquor license shall permit its holder to sell liquor in original
packages or containers in multiples not to exceed four liters at any
one time to be consumed off the licensed premises. See § 125.51(3),
Wis. Stats.
(1)
A license may be issued after July 1 in any license
year which shall expire on the following June 30. The fee for the
license shall be prorated according to the number of months or fractions
of months remaining until the following June 30.
(2)
Licenses valid for six months may be issued at any
time. The fee for such license shall be 50% of the annual license
fee. The license may not be renewed during the calendar year in which
issued. See § 125.51(9), Wis. Stats.[1]
[Amended 2-14-2007]
[1]
Editor's Note: Original Sec. 12.03(3)(f),
Pharmacist's license, which immediately followed this subsection,
was repealed 2-14-2007.
F.
Operator's license. See § 125.17, Wis. Stats.
(1)
Operator's licenses may be granted to individuals
by the Town Board for the purposes of complying with §§ 125.32(2)
and 125.68(2), Wis. Stats.
(2)
Operator's licenses may be issued only on written
application on forms provided by the Clerk.
(3)
Operator's licenses shall be valid for one or two
years and shall expire on June 30 of each year or on June 30 of the
second year after issuance.
G.
Provisional operator's license. A provisional license
may be issued by the Town Clerk in accordance with § 125.17(5),
Wis. Stats., only to a person who has applied for an operator's license.
A provisional license may not be issued to any person who has been
denied a license by the Town Board. A provisional license expires
60 days after its issuance or when a regular operator's license is
issued to the holder, whichever is sooner.[2]
H.
Manager's license. See § 125.18, Wis. Stats.
A.
Form. Application for a license to sell or deal in
intoxicating liquor or fermented malt beverages shall be made in writing
on forms prescribed by the Wisconsin Department of Revenue, governing
body and filed with the Town Clerk at least 15 days prior to issuance.
The premises shall be physically described, including every room and
storage space to be covered by the license and including all rooms
joined by connecting entrances or not separated by a solid wall.
B.
Application to be notarized. The application shall
be signed and sworn to by the applicant as provided by § 887.01;
Wis. Stats.
C.
Publication. Prior to issuance of a license under
this chapter, the Town Clerk shall publish notice of the application
in the official Town newspaper.
D.
Duplicate. Upon approval, a duplicate copy of each
application shall be forwarded by the Town Clerk to the State Department
of Revenue.
A.
Statutory requirements. Licenses shall be issued only
to persons eligible therefor under §§ 125.04 and 125.33(3)(b),
Wis. Stats.
B.
Location.
(1)
No retail "Class A" or "Class B" license shall be
issued for premises, the main entrance of which is less than 300 feet
from the main entrance of any 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 of
the premises covered by the license.
(2)
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, hospital or church building.
C.
Violators of liquor or beer laws or ordinances. No
retail "Class A" or "Class B" license shall be issued to any person
who has been convicted of a violation of any federal or state liquor
or fermented malt beverage law or the provisions of this chapter or
whose license has been revoked under § 125.12, Wis. Stats.,
during one year prior to such application. A conviction of a member
of a partnership or the partnership itself shall make the partnership
or any member thereof ineligible for such license for one year.
D.
Health and sanitation requirements. No retail "Class
B" license shall be issued for any premises which does not conform
to the sanitary, safety and health requirements of the State Department
of Commerce pertaining to buildings and plumbing, to the rules and
regulations of the State Department of Health and Family Services
applicable to restaurants and to all such ordinances and regulations
adopted by the Town Board.
E.
License quota. The number of persons and places that
may be granted a retail "Class B" liquor license under this chapter
is limited as provided in § 125.51(4), Wis. Stats.
F.
Corporations. No corporation organized under the laws
of this state or of any other state or foreign country may be issued
any alcohol beverage license or permit unless such corporation meets
the requirements of § 125.04(6), Wis. Stats.
G.
Age requirement. No license hereunder, except an operator's
license, shall be granted to any person who has not attained the age
of 21. Operator's licenses may be issued only to applicants who have
attained the age of 18. [1]
H.
Effect of revocation of license. Twelve months shall
elapse before another license shall be granted to the person whose
license was revoked.
I.
Delinquent taxes, assessments and claims. No license
shall be granted for any premises for which taxes, assessments or
other claims of the Town are delinquent and unpaid or to any person
delinquent in payment of such claims, including unpaid forfeiture
judgments, to the Town.
J.
Issuance for sales in dwellings prohibited. No license
shall be issued to any person for the purpose of possessing, selling
or offering for sale any alcohol beverages in any dwelling house,
flat or residential apartment.
All licenses shall be numbered in the order
in which they are issued and shall state clearly the specific premises
for which granted, the date of issuance, the fee paid and the name
of the licensee and, unless sooner revoked, shall expire on June 30
thereafter except as otherwise provided by law.
A.
As to person. No license shall be transferable as
to licensee except as provided by § 125.04(12), Wis. Stats.
B.
As to place. Licenses issued pursuant to this chapter
may be transferred to another premises once during any license year
as provided in § 125.04(12), Wis. Stats. Application for
such transfer shall be made on blanks furnished by the State Department
of Revenue. Proceedings for transfer shall be had in the same manner
and form as the original application. The fee for such transfer shall
be $10.
Every license or permit required under this
chapter shall be framed and posted and at all times displayed as provided
in § 125.04(10), Wis. Stats. No person shall post such license
or permit any other person to post it upon premises other than those
mentioned in the application or knowingly deface or destroy such license.
A.
Gambling and disorderly conduct prohibited. Each licensed
and permitted premises shall at all times be conducted in an orderly
manner and no disorderly, riotous or indecent conduct or gambling
shall be allowed at any time on any such premises.
B.
Employment of underage person. No licensee shall employ
any person under the legal drinking age who does not have a valid
operator's license to serve, sell, dispense or give away any alcohol
beverage.
C.
Sales by clubs. No club shall sell intoxicating liquors
or fermented malt beverages except to members and guests invited by
members.
D.
Safety and sanitation requirements. Each licensed
premises shall be maintained and conducted in a sanitary manner and
shall be a safe and proper place for the purpose for which used.
No premises for which an alcohol beverage license
has been issued shall remain open for the sale of alcohol beverages:
A.
If a wholesale license, between 5:00 p.m. and 8:00
a.m., except on Saturday when the closing hour shall be 9:00 p.m.
B.
If a retail Class "A" license, between 12:00 midnight
and 8:00 a.m.
C.
If a retail "Class A" license, between 9:00 p.m. and
8:00 a.m.
D.
If a retail Class "B" license, between 2:00 a.m. and
6:00 a.m. on weekdays and 2:30 a.m. and 6:00 a.m. on Saturdays and
Sundays. On January 1 licensed premises are not required to close.
No package, container or bottle sales may be made after 12:00 midnight.
E.
Hotels and restaurants whose principal business is
the furnishing of food or lodging to patrons, bowling alleys and golf
courses may remain open for the conduct of their regular business,
but no intoxicating liquors or fermented malt beverages shall be sold
during prohibited hours.
A.
Procedure. Whenever the holder of any license under
this chapter violates any portion of this chapter, proceedings for
the revocation or suspension of such license may be instituted in
the manner and under the procedure established by § 125.12,
Wis. Stats., and the provisions therein relating to granting a new
license shall likewise be applicable.
Before renewal of any license issued under this
chapter is refused, the licensee shall be given written notice of
any charges or violations or the reasons proposed for nonrenewal and
a copy of any proposed motion for nonrenewal and shall have an opportunity
to be heard before the Town Board.
A violation of this chapter by an authorized
agent or employee of a licensee shall constitute a violation by the
licensee.
A.
State laws adopted. The statutory provisions of § 343.43,
Wis. Stats., exclusive of any provisions therein relating to the penalties
to be imposed or the punishment for violation of such statutes, are
hereby adopted and by reference made a part of this chapter 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 chapter.
B.
Prohibition. Any person under the legal drinking age
who presents any identification purporting to be authentic identification,
which the person knows to contain false information, for the purposes
of gaining entrance to an establishment licensed to sell alcohol or
fermented malt beverages or for the purpose of purchasing alcohol
or fermented malt beverages, shall be held as a violator of this chapter.
[Added 11-11-2014]
A.
The
Class ''A" and Class "B" and "Class A" and Class B" licensees shall,
as a condition of maintaining and keeping a license in the Town, continue
in the active operation of business. Therefore, if a license issued
by the Town is not used within 180 days of its issuance or its usage
is discontinued for a period of 180 days or more, such situation may
be grounds for revocation of the license.
B.
The
Town determines that retention of a license by a party not doing business
or intending to resume doing business is declared to be against public
policy and constitutes grounds for revocation of said license.
C.
Exceptions
to the requirements of continued business license usage would be any
act of God which damaged or destroyed the facility for which the license
has been issued to operate the licensed business in. In such case,
the holder of the license is allowed up to two years to repair damages
or rebuild the damaged or destroyed facility and again resume operating
the business utilizing the license from the premises for which the
license issued was intended.
D.
In the
event a licensee violates the provisions of this section, disciplinary
action may be taken by the Town Board, including reprimand, suspension
of the license for a specified number of days or revocation of the
license. Any license that has been revoked shall not be reinstated
within the following six months. Any disciplinary action taken shall
be done after notice to the licensee and after a hearing. The proceeding
shall be conducted in accordance with § 125.12(2)(b), Wis.
Stats., or any amendments thereto. Prior to revocation of any license,
the Town Clerk shall notify the licensee, in writing, of the Town's
intention to revoke the license for nonuse and provide the licensee
with an opportunity for a hearing. Such notice shall also specify
the time, place, and date of the hearing which shall be not less than
15 days after the date of the notice.
E.
In lieu
of revoking such license, the Town Board shall, after notice and hearing,
determine if good cause exists for the failure of the licensee to
be open for business for periods in excess of the minimum set forth
in this section. If such cause is found to exist, the Town Board may
set such terms as it deems appropriate to the continuation of the
license with respect to minimum days of operation or a time frame
within which the subject premises must be open for business to avoid
cancellation of the subject license.
F.
There
shall be no refund of any license fee paid to a party whose license
is revoked.
G.
In lieu
of a hearing, the Town Board may accept surrender of the license,
and the Town Board shall then determine the time period before another
application for the same type of license will be accepted from the
former licensee.
H.
Evidence
and testimony at the hearing will be done in open session. Pursuant
to § 19.85(1)(a), Wis. Stats., the Board may go into closed
session to deliberate regarding its decision, provided that appropriate
legal notice indicating such closed session is duly posted and/or
published. The Town Clerk shall be responsible to see that the hearing
notice is posted and/or published in accordance with state statutes.
In addition to the revocation or suspension of any license issued under the provisions of this chapter, any person found to be in violation of any provision of this chapter, except as otherwise provided, shall be subject to a penalty as provided in § 1-4 of this Code.
