[HISTORY: Adopted by the Town Board of the
Town of Trenton 11-7-1989 as Title 7, Ch. 2 of the 1989 Code. Amendments noted where
applicable.]
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 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. Any future amendments, revisions or modifications
of the statutes incorporated herein are intended to be made a part
of this chapter in order to secure uniform statewide regulation of
alcohol beverage control.
As used in this chapter, the terms "alcoholic
beverages," "intoxicating liquors," "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/her 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 chapter nor without complying
with all the provisions of this chapter and all statutes and regulations
applicable thereto, except as provided by §§ 125.26,
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.
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.
D.
Class "B" fermented malt beverage retailer's 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 to be consumed either upon the premises where sold or away
from such premises. The holder may also sell beverages containing
less than 1/2 of 1% of alcohol by volume without obtaining a special
license to sell such beverages.
E.
Special Class "B" fermented malt beverage picnic license.
(1)
License. A special Class "B" picnic license, when
issued by the Town Clerk under authority of the Town Board as provided
for in § 125.26(6), Wis. Stats., shall entitle the holder
thereof to possess, sell or offer for sale fermented malt beverages
at a particular picnic, post meeting, fair or similar gathering. Such
license may be issued only to bona fide clubs, state, county or local
fair associations or agricultural societies, lodges or societies that
have been in existence for not less than six months prior to the date
of application for such license or to posts of ex-servicemen's organizations
now or hereafter established. 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 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 as provided in Chapter 1, § 1-5 of this Code and will be ineligible to apply for a special 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. Such license shall be valid for no more than five 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.[1]
F.
Wholesaler's license. A wholesaler's fermented malt
beverage license, when issued by the Town Clerk under authority of
the Town Board, shall entitle the holder thereof to possess, sell
or offer for sale fermented malt beverages only in original packages
or containers to dealers, not to be consumed in or about the premises
of said wholesaler.
G.
Special wholesaler's license. A special wholesaler's
license pursuant to § 125.28(2)(a), Wis. Stats., when issued
by the Town Clerk under authority of the Town Board, shall permit
the holder to sell or offer to sell fermented malt beverages in original
packages or containers and in quantities of not less than 4 1/2 gallons
at any one time for consumption off the premises.[2]
H.
Retail reserve "Class B" license.
(1)
Generally. Those licenses available under the quota
system existing before December 1, 1997, that are not granted or issued
by the Town as of December 1, 1997. The number of reserve "Class B"
licenses available to a municipality is determined by a series of
calculations described in § 125.51(4)(a)(4), Wis. Stats.
(2)
Initial retail reserve "Class B" license fee. There
shall be a fee of $10,000, to be paid in addition to the regular Class
"B" and "Class B" fee, upon approval of a retail reserve "Class B"
license.
(3)
Grants for certain reserve "Class B" licenses.
(a)
Findings and purpose. 1997 Wisconsin Act 27, effective December 1, 1997, establishes a new alcohol license called a retail reserve "Class B" 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 important public purposes, 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 reserve "Class B" licenses 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(3) to utilize the excess revenue generated by Wisconsin Act 27 to assist new reserve "Class B" licensees in order to assist in the establishment of new businesses.
(b)
The Town Board may provide a grant to a reserve
"Class B" licensee if the following conditions are met:
[1]
A retail reserve "Class B" license is granted
to the licensee; and
(c)
In making its determination whether to award any grant to a retail reserve "Class B" liquor licensee under this Subsection H(3), the Town Board shall make such findings and establish such conditions as it deems necessary to ensure that any funds awarded hereunder further the important public purposes identified herein.
There shall be the following classes and denominations
of licenses which, when issued by the Town Clerk under the authority
of the Town Board after payment of the fee specified in the schedule
of deposits, bonds and fees, shall permit the holder to sell, deal
or traffic in intoxicating liquors or fermented malt beverages as
provided in Ch. 125, Wis. Stats.:
A.
Retail "Class A" intoxicating liquor license.
B.
Retail "Class B" intoxicating liquor license.
C.
Class "A" fermented malt beverage retailer's license.
D.
Class "B" fermented malt beverage retailer's license.
E.
Special Class "B" fermented malt beverage picnic license.
F.
Wholesaler's license.
G.
Special wholesaler's license.
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 application shall be published once
in the official Town newspaper, and the costs of publication shall
be paid by the applicant.
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.
Criminal record check. As a condition of application,
the applicant shall complete and sign a criminal record disclosure
waiver.
A.
Requirements for licenses and permits. All natural
persons, criminal offenders, corporations, operators and managers
applying for licenses and permits relating to alcoholic beverages
shall be subject to the conditions and provisions of § 125.04(5),
Wis. Stats.
B.
Residence requirements. A retail Class A or retail
Class B fermented malt beverage or intoxicating liquor license shall
be granted only to persons who are citizens of the United States and
of Wisconsin.
C.
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.
D.
Right to premises. No applicant will be considered
unless he/she has the right to possession of the premises described
in the application for the license period, by lease or by deed.
E.
Age of applicant. No license, other than an operator's
license for persons age 18 or older, shall be granted to any underage
person as defined by the Wisconsin Statutes.
F.
Corporate restrictions.
(1)
No license shall be granted to any corporation which
does not comply with the provisions of § 125.04(6), Wis.
Stats., which does not have an agent eligible for a license under
this chapter or under state law, or which has more than 50% of the
stock interest, legal or beneficial, in such corporation held by any
person or persons not eligible for a license under this chapter or
under the state law.
(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.
The corporation shall, following the approval of each successor agent
or another qualified agent as provided in § 125.04(6)(d),
Wis. Stats., pay a fee to the Town as shown in the schedule of deposits,
bonds and fees.
(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 chapter or under the state law.
G.
Separate license required for each place of sale.
A separate license shall be required for each stand, place, room or
enclosure or for each suite of rooms or enclosures which are in direct
connection or communication where intoxicating liquor or fermented
malt beverages are kept, sold or offered for sale; and 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.
H.
License quotas. License quotas for the Town shall
be as provided in Ch. 125, Wis. Stats.
I.
Licensed premises. Licenses issued by the Town shall
be for the structure itself and shall not confer any license or right
to property outside of the licensed structure.
The Town Clerk shall notify the Town Chief of
Police and Fire Inspector 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 by this section.
B.
No license shall be issued for any premises which
does not conform to rules made by the Department of Health and Family
Services, any health and sanitation requirements of the Town and any
applicable health and sanitation ordinances of Washington County.
C.
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.
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.
A.
Opportunity shall be given by the Town Board 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.
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 consideration 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.
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
shown in the schedule of deposits, bonds and fees. 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.
B.
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 and
the Wisconsin Department of Revenue.
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.
As provided in § 125.04(10), Wis. Stats.,
every person licensed in accordance with the provisions of this chapter
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.
It shall be unlawful for any person to post such license
or to be permitted to post it upon premises other than those mentioned
in the application or knowingly to deface or destroy such license.
All retail Class "A" and "B" and "Class A" and
"Class B" licenses granted hereunder shall be granted subject to the
following conditions, and all other conditions of this chapter, and
subject to all other ordinances and regulations of the Town applicable
thereto.
A.
Consent to entry.
(1)
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.
(2)
It shall be a condition of any license issued hereunder
that the licensed premises may be entered and inspected at any reasonable
hour by any law enforcement official or police officer of the Town
or the building, electrical or plumbing inspectors without any warrant,
and the application for a license hereunder shall be deemed a consent
to this provision. Any refusal to permit such inspection shall automatically
operate as a revocation of any license issued hereunder and shall
be deemed a violation of this chapter.
B.
Employment of minors. No retail Class "B" or "Class
B" licensee 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" 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/she 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 chapter. No "Class B" license shall be issued unless the
premises to be licensed conforms to such rules and regulations.
[Amended 2-6-2007 by Ord. No. 2-1-2007]
F.
Clubs. No club shall sell or give away any intoxicating
liquors except to bona fide members and guests invited by members.
G.
Gambling prohibited. No gambling or game of chance
of any sort shall be permitted in any form upon any premises licensed
under this chapter or the laws of the State of Wisconsin.
H.
Credit prohibited. No retail Class "A" or "Class A"
or Class "B" 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, ware,
merchandise or other articles in exchange for alcohol beverages.
I.
Licensee or permittee responsible for acts of help.
A violation of this chapter by a duly authorized agent or employee
of a licensee or permittee under this chapter shall constitute a violation
by the licensee or permittee. Whenever any licensee or permittee under
this chapter shall violate any portion of this chapter, proceedings
for the suspension or revocation of the license or permit of the holder
thereof may be instituted in the manner prescribed in this chapter.[1]
[1]
Editor's Note: Former Subsection J, Improper Conduct, and
Subsection K, Certain performances and costumes prohibited, which
immediately followed this subsection, were repealed 5-15-2012 by Ord.
No. 2012-02.
A.
Closing hours established.
(1)
No premises in the Town of Trenton for which a "Class
B" or Class "B" intoxicating liquor or fermented malt beverage license(s)
for the sale of fermented malt beverages has been issued shall be
permitted to remain open 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.
No person, except the licensee or his/her employees, shall be permitted
on the licensed premises during the hours when such sale is prohibited.
There shall be no closing hours on January 1.
(2)
No premises holding a "Class A" or Class "A" intoxicating
liquor or fermented malt beverage license(s) nor the holder of a license
permitting such premises or holder to sell, deal and traffic in fermented
malt beverages nor any person on such premises, whether or not such
person holds an operator's license pursuant to § 125.17,
Wis. Stats., as amended, shall sell, vend, barter, exchange, offer
for sale, give away or otherwise furnish to any person any fermented
malt beverages or intoxicating liquor in original packages, intending
to mean aluminum/tin cans, bottles, barrels or any containers in which
the beverages have been delivered to the premises, and to be removed
from the premises, if a "Class A" or Class "A" intoxicating liquor
or fermented malt beverage license, between 9:00 p.m. and 8:00 a.m.
(3)
The licensee or permittee and one employee shall be
permitted to check out receipts, check the licensed premises for security
and do minor cleaning up during closed hours. Under no circumstances
shall the consumption of alcohol beverages be permitted after closing
time. Commercial janitorial service personnel shall be allowed to
entered the licensed premises for the purpose of cleaning during closed
hours. The premises shall be well lighted during cleanup. Prior approval
must be requested and granted by the Town Board or its designee for
any variance of the above for exigent circumstances.
B.
Modification of closing hours. Closing hours may be
modified for specific events by a majority vote of the Town Board.
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 Trenton except through the issuance of temporary Class "B"
permit issued by the Town Board in accordance with Wisconsin state
statutes and as set forth in this section. A temporary Class "B" permit
authorizing the sale and consumption of beer on Town-owned property
or privately owned property may be authorized by the Town Board provided
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 § 280-1 of this Code.
B.
Posting of signs and licenses. All organizations issued
a liquor 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.
Fencing. All organizations shall install a double
fence around the main point of sale to control ingress and egress
and shall continually station a licensed operator or security guard
at the entrance for the purpose of checking age identification. There
shall be only one point of ingress and egress. The double fence shall
be a minimum of four feet high and a minimum of six feet between fences.
A single eight-foot chain link fence may be used to meet the fence
requirements.
D.
Underage persons prohibited. No underage persons as
defined by the Wisconsin statutes shall be allowed to assist in the
sale of fermented malt beverages at any point of sale, nor shall they
be allowed to loiter or linger in the area of any point of sale.
E.
Licensed operator requirement. A licensed operator
shall be stationed at all points of sale at all times.
F.
Permitted cups only. Intoxicants will be sold only
in foam or plastic cups, or cans.
G.
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 Chief of Police in locating and setting up the snow fence area.
The Chief of Police 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.
H.
Insurance. The applicant for a special Class "B" fermented
malt beverage 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 permit, the
applicant may be required to furnish a certificate of comprehensive
general liability insurance with the Town of Trenton. The applicant
may be required to furnish a performance bond prior to being granted
the permit.
A.
Procedure. Whenever the holder of any license under this chapter violates any portion of this chapter or Chapter 280 of this Code, proceedings for the revocation of such license may be instituted in the manner and under the procedure established by Ch. 125, Wis. Stats., and 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/she 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 30 days
shall be prima facie evidence of the abandonment, unless extended
by the Town Board for good cause shown for no more than two thirty-day
periods. All persons issued a license to sell alcohol beverages in
the Town for which a quota exists limiting the number of such licenses
shall cause such business described in such license to be operated
on the premises described in such license for at least 330 days during
the term of such license, unless or as extended by the Town Board
for good cause for no more than two thirty-day periods, or unless
such license is issued for a term of less than 330 days, in which
event this subsection shall not apply.
[Amended 6-2-2015 by Ord.
No. 2015.06.01]
C.
Revocation for noncompliance. The Town Board of the
Town of Trenton may revoke any license hereunder at any time for any
violation of the provisions of this chapter.
D.
Revocation and suspension of licenses.
(1)
Procedure. Except as hereinafter provided, the provisions
of § 125.12, Wis. Stats., shall be applicable to proceedings
for the revocation or suspension of all licenses or permits granted
under this chapter. Revocation or suspension proceedings may be instituted
by the Town Board upon its own motion by adoption of a resolution.
(2)
Automatic revocation. Any license or permit issued
under the provisions of this chapter shall stand revoked without further
proceedings upon the conviction of a licensee or permittee or his/her
employee, agent or representative of a second offense under Ch. 125,
Wis. Stats., or any other state or federal liquor or fermented malt
beverage law or any felony.
(3)
Repossession of license or permit. Whenever any license or permit under this chapter shall be revoked or suspended by the Town Board, action of any court or by effect of Subsection D(2) above, it shall be the duty of the Clerk to notify the licensee or permittee of the suspension or revocation and to notify any applicable law enforcement official who shall take physical possession of the license or permit wherever it may be found and file it in the Town Clerk's office.
E.
Denial of renewals. Before denial of any renewal,
the licensee shall be given written notice of any violation or reason
for nonrenewal. The licensee shall be entitled to a hearing.
F.
Other provisions. Any license issued pursuant to this
chapter shall be subject to such further regulations and restrictions
as may be imposed by the Town Board by amendment to this chapter or
by the enactment of new ordinances. If any licensee shall fail or
neglect to meet the requirements imposed by such new restrictions
and regulations, his/her license may be revoked in accordance with
this section. In case of revocation of any license for any violation
of any provision of this chapter in accordance with this section or
by the court or for any reasonable cause, except the imposition of
new restrictions, no refund shall be made of any part of the license
fee.
A.
Operator's license required. There shall be upon the
premises operated under a "Class A" or "Class B" intoxicating liquor
license or Class "B" fermented malt beverage license at all times
the licensee or some other person who shall have an operator's license
and who shall be responsible for the acts of all persons serving or
selling any intoxicating liquor or fermented malt beverages to customers.
An operator's license shall permit the holder to draw or remove any
fermented malt beverage for sale or consumption from any barrel, keg,
cask, bottle or other container in which fermented malt beverages
shall be stored or kept on premises requiring a Class "B" fermented
malt beverage license for sale or service to a consumer for consumption
in or upon the premises where sold. No person other than the licensee
shall serve or sell fermented malt beverages or intoxicating liquor
in any place operated under the "Class A" or Class "A" or "Class B"
or Class "B" licenses unless he/she shall possess an operator's license
or unless he/she shall be under the immediate supervision of the licensee
or a person holding an operator's license who shall be upon the premises
at the time of such service.
B.
Procedure upon application.
(1)
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)
All applications are subject to an investigation by
the Town Chief of Police 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 Chief
of Police 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 Chief of Police shall recommend, in writing,
to the Town Board approval or denial of the application. If the Chief
of Police recommends denial, the Chief of Police shall provide, in
writing, the reasons for such recommendation.
C.
Duration. Licenses issued under the provisions of
this section shall be valid for a period of two years and shall expire
on the 30th day of June. The fee for an operator's license issued
during the first year of the two-year licensing period shall be as
shown in the schedule of deposits, bonds and fees. The fee for an
operator's license issued during the second year of the two-year licensing
period shall be as shown in the schedule of deposits, bonds and fees.
D.
Provisional operator's license.
(1)
Provisional license permitted. A provisional operator's
license is issued for purposes of compliance with §§ 125.32(2)
and 125.68(2), 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:
(a)
The applicant has filed a completed application
for an operator's license pursuant to § 125.17(1), Wis.
Stats., and the Town of Trenton Code;
(b)
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 Trenton
Code;
(c)
The Chief of Police has reviewed the applicant's
application for an operator's license and has reported back to the
Town Clerk that he/she has determined that the applicant has no prior
record of 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
(d)
At the time the applicant applies for the provisional
operator's license, no meeting of the 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.
(3)
Fee. There shall be a nonrefundable fee as shown in
the schedule of deposits, bonds and fees for the issuance of a provisional
operator's license.
(4)
Revocation. If, after issuance of a provisional operator's
license pursuant to this section, the Town Clerk or the Clerk's designee
discovers that the holder of said license made a false statement on
his/her application for an operator's license, the Town Clerk shall
immediately revoke the provisional operator's license.
E.
Issuance or denial of operator's license.
(1)
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)
Denial of application.
(a)
If the application is denied by the Town Board,
the Town Clerk shall, in writing, inform the applicant of the denial,
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 the Circuit Court pursuant
to § 125.12(2)(d), Wis. Stats., for review.
(3)
Considerations.
(a)
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.
(b)
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.
(4)
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.
Display of license. Each license issued under the
provisions of this chapter shall be posted on the premises whenever
the operator dispenses beverages, or a wallet license card shall be
carried.
G.
Revocation of operator's license. Violation of any
of the terms or provisions of the state law or of this chapter relating
to operators' licenses by any person holding such operator's license
shall be cause for revocation of the license.
A.
Forfeitures for violations of §§ 125.07(1) to (5) and 125.09(2), Wis. Stats., adopted by reference in § 237-1 of this chapter, shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable state statute, including any variations or increases for subsequent offenses.
C.
Nothing herein shall preclude or affect the power
of the sentencing court to exercise additional authorities granted
by the Wisconsin Statutes.
