[HISTORY: Adopted by the Town Board of the
Town of Manitowish Waters as §§ 12.03 and 12.10 of
the 2001 Code. Amendments noted where applicable.]
The provisions of Ch. 125, Wis. Stats., defining
and regulating the sale, procurement, dispensing, consumption 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 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.
[Amended 10-9-2007 by Ord. No. 3-07]
The following classes and denominations of licenses
may be issued by the Town Clerk/Treasurer under the authority of the
Town Board, upon compliance with law and payment of the fee as set
by the Town Board, which, when so issued, shall permit the holder
to sell, deal or traffic in alcohol beverages as provided in the referenced
state statute:
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-month license. A Class "B" license may be issued
at any time for six months in any calendar year, for 50% of the applicable
fee. Such license shall not be renewable during the calendar year
in which issued. See § 125.26(5), Wis. Stats.
(2)
Special event (picnic). See § 125.26(6),
Wis. Stats.
C.
Wholesaler's fermented malt beverage license. The
fee for this 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.
Temporary Class "B'" licenses may be issued to bona fide
clubs and chambers of commerce, 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. The amount of the fee for the license shall
be determined by the municipal governing body issuing the license
but may not exceed $10. An official or body authorized by a municipal
governing body to issue temporary Class "B" licenses may, upon issuance
of any temporary Class "B" license, authorize the licensee to permit
underage persons to be on the premises for which the license is issued.
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. A municipal governing body may issue a temporary
Class "B" license for premises that are covered by a Class "B" permit
issued under § 125.51(5)(b)2, Wis. Stats., if the applicant
meets the requirements of this subsection. If a license is issued
under this subsection to a fair association solely for the purpose
of conducting on the licensed premises fermented malt beverages judging
or tasting events involving servings of fermented malt beverages no
greater than one fluid ounce each, § 125.32(2), Wis. Stats.,
does not apply to these licensed premises.[1]
[1]
Editor’s Note: This subsection was added pursuant to
state statute.
F.
Operator's license. See § 125.17, Wis. Stats.
(1)
Operators' licenses may be granted to individuals
by the Town Board for the purpose of complying with §§ 125.32(2)
and 125.68(2), Wis. Stats.
(2)
Operators' licenses may be issued only on written
application on forms provided by the Town.
(3)
Operators' 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 license. This subsection allows for issuance
on a provisional basis of a license to those applying for an operator's
(bartender's) license for service or sale of alcohol beverages. A
provisional license may only be issued to those persons who have not
completed a beverage service course and exhibited proof of compliance
with that training standard set forth in § 125.17(6), Wis.
Stats. A provisional license allows time to obtain training required
for working without supervision of another licensed person in a Class
A or B business or organization.
(1)
Each applicant must be at least 18 years of age and
have completed an application form supplied by the Clerk/Treasurer
in order for the Board to consider approval. All arrests and convictions
of the applicant shall be disclosed on the application or an attached
sheet. The applicant for a provisional license must present with the
application proof that the applicant is enrolled in a training course
under § 125.17(6)(a), Wis. Stats.
(2)
The provisional license shall be effective until a
certificate or other proof of compliance with training requirements
is presented to the Clerk/Treasurer. In no case will the provisional
license be effective more than 60 days after issuance. The issuance
date, final date of validity or both shall be placed on the license
form when issued.
(3)
Only those persons initially approved by the Board
shall receive a provisional license. The Clerk/Treasurer is authorized
to issue such license. In the event a person requests issuance of
a provisional license extension and has had no arrests or convictions
since prior Board approval, the Clerk/Treasurer is authorized to issue
a further license under the standards contained herein and payment
of the fee.
(4)
The sum as set by the Town Board is required to be
paid by or for the applicant prior to license issuance. This fee will
not exceed $15 unless state law and this subsection are amended.
(5)
In the event, following issuance, it is discovered
that a part of the license application was false that in the Clerk/Treasurer's
judgment might have affected the Board's decision on whether to license,
including but not limited to past crimes or arrests, the Clerk/Treasurer
may revoke such license. Upon making such a decision, the Clerk/Treasurer
shall mail or have a written notice delivered to the license holder
notifying the person of the action taken, the reasons for such action
and the right to have a license review hearing before the Town Board
upon the applicant's written request. When a request for hearing is
made, the Board shall follow general procedures as set forth in § 125.12,
Wis. Stats., although no complaint is required. The Clerk/Treasurer
shall notify the licensee of the Board's time schedule for hearing
the matter by mail or delivery.
(6)
Any mail notice in this Subsection G is sufficient if mailed by first class to the last known address of the licensee in an envelope containing the return address of the Town or Clerk/Treasurer. No request for a license review hearing is valid when received past the final day the provisional license would have been effective.
H.
"Class C" wine licensees may sell wine by the glass or in an opened
original container for consumption on the premises where sold. "Class
C" wine licenses may be granted to an applicant only if:: the applicant
meets the qualifications set out in § 125.04(5), Wis. Stats.,
for other retail licensees; the license is for a restaurant in which
the sale of alcohol beverages accounts for less than 50% of gross
receipts; and wine is the only intoxicating liquor sold in the barroom.
§ 125.51(3m), Wis. Stats.[2]
(1)
Provisional retail licenses may be issued to persons who have applied
for a Class "A," Class "B," "Class A," "Class B" or "Class C" license
and authorizes only the activities that the type of retail license
applied for authorizes. A provisional retail license expires 60 days
after its issuance or when the Class "A," Class "B," "Class A," "Class
B" or "Class C" license is issued to the holder, whichever is sooner.
§ 125.185, Wis. Stats. (Note: the apparent purpose of a
provisional retail license is to allow first-time applicants for retail
licenses to open for business while completing the responsible server
training course requirement.)
[2]
Editor's Note: This subsection was added pursuant to
state statute.
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 and filed
with the Town Clerk/Treasurer 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 will
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/Treasurer 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/Treasurer to the
State Department of Revenue.
A.
Statutory requirements. Licenses shall be issued only
to persons eligible therefor under Ch. 125, 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 to the premises
covered by the license.
C.
Violators of liquor or beer laws or ordinances. No
retail Class A or 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 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 legal
drinking age as defined by § 125.02, Wis. Stats. Operators'
licenses shall only be issued to persons who have attained the age
of 18.[1]
H.
Revocation of license. Any license revoked shall not
be reinstated within the 12 months following date of revocation. There
shall be no refund of any license fee paid to a party whose license
is revoked.
I.
Delinquency. As a condition of obtaining or renewing
a liquor license of the type issued by the Town, all local real estate
and personal property taxes, assessments, special charges, forfeitures
resulting from ordinance violations, or delinquent state taxes or
assessments shall be paid prior to applying for a new liquor license
or a renewal of a liquor license. Any fees unpaid within a time limit
set by the Town or a court, as the case may be, place the licensee
in a state of delinquency and subject to disciplinary action by the
Town Board, including but not limited to reprimand, suspension for
a set time period up to 90 days, or revocation.
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 as set by the Town Board.[1]
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.
C.
Sales by clubs. No club shall sell intoxicating liquor
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 retail Class "A" fermented malt beverage license,
between 12:00 midnight and 8:00 a.m.
B.
If a retail "Class A" intoxicating liquor license,
between 9:00 p.m. and 8:00 a.m.
C.
If a retail Class B license, between 2:00 a.m. and
6:00 a.m. on weekdays and between 2:30 a.m. and 6:00 a.m. on Saturdays
and Sundays. On January 1, premises operating under a Class B license
are not required to close. No package, container or bottle sales may
be made after 12:00 midnight.
D.
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. Upon complaint by any person or at Board
direction and following Board review and approval, written notice
shall be given to the licensee of the complaint basis and the date
and time the Board will hear the matter. For nonalcohol licenses where
no statutory procedure is set, service may be first-class mail to
the licensee's last known address or personal service, at the Chairperson's
option. For alcohol licenses, § 125.12, Wis. Stats., will
be followed. At present, that statute requires personal service of
the hearing notice (summons and complaint) and a hearing within three
to 10 days thereafter. A record of service will be kept by the Clerk/Treasurer.
B.
Hearing. Evidence and testimony at the hearing shall
be done in open session. Pursuant to § 19.85(1)(a), Wis.
Stats., the Board may go into closed session to deliberate with regard
to its decision, where this has been listed on the hearing notice.
The Clerk/Treasurer shall see that the hearing notice is posted or
published in a format acceptable to the Chairperson or his designated
representative.
C.
Penalty. In lieu of a hearing, the Board may accept
license surrender and then determine the time period before another
application for the same type of license will be accepted from the
former licensee for review. In the event that complaint allegations
are proved at hearing, the Town Board shall decide which penalty for
violation is appropriate. Multiple offenses may be considered at any
hearing involving the same licensee.
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.
