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.
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.
G. Special wholesaler's license.
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.
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.
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.
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.