Town of
Ordinance #4-2007
ORDINANCE
RELATING TO ALCOHOL CONTROL
SECTION I - TITLE
AND PURPOSE-The title of this ordinance is the Town of
SECTION II – AUTHORITY-The town board has the authority under s. 125.10, Wis. stats., and under its village powers under s. 60.22 (3), Wis. stats., to regulate the sale at retail or wholesale of alcoholic beverages at premises locations in the town, to the extent that town regulations are not in conflict with state statutes, specifically including the regulation of underage and intoxicated persons at alcohol beverage retail sale licensed premises in the town and the issuance, renewal, revocation, suspension, and regulation of alcohol retail sale or wholesale sale, licenses, or permitees, along with the penalties for violations of this ordinance.
SECTION III - ADOPTION OF ORDINANCE-The town board, by this ordinance, adopted on proper vote with a quorum and by a roll call vote by a majority of the town board present and voting, provides the authority for the town to regulate by permit, revoke or suspend permits, and enforce other specific actions at or near alcohol retail sales premises located in the town and other regulatory and enforcement authority noted in this ordinance.
SECTION IV -
DEFINITIONS
A. "Alcohol beverages" means fermented malt beverages, wine, and intoxicating liquor.
B. "Controlled
substance" means a drug, substance, or immediate precursor included in
Schedules I to V of subchapter II of chapter 961,
C. "Fermented malt beverage" means any beverage made by the alcohol fermentation of an infusion in potable water of barley malt and hops, with or without unmalted grains or decorticated and degerminated grains or sugar containing 0.5% or more of alcohol by volume.
D. "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol.
E. "Intoxicating liquor" means all ardent, spiritous, distilled, or vinous liquors, liquids, or compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing 0.5% or more of alcohol by volume, which are beverages, but does not include fermented malt beverages that contain less than 5% of alcohol by weight.
F. "Legal drinking age" means 21 years of age.
G. "License" means an authorization to sell alcohol beverages at retail or wholesale issued by the town board or its agent under this ordinance.
H. "Licensee"
means any person issued a license under this ordinance and chapter 125,
J. "Permit" means any permit issued by the town under this ordinance.
K. "Permittee" means any person issued a permit by the town under this ordinance.
L. "Person"
means a natural person, sole proprietorship, partnership, limited liability,
company, corporation, association, or the owner of a single-owner entity that
is disregarded as a separate entity under chapter 71,
M. "Premises" means the area described in a license or permit.
N. "Regulation" means any rule or ordinance adopted by a municipal governing body.
O. "Retail" means the sale of any alcohol beverages in the town to any person other than a person holding a permit or a license under this chapter. "Retailer" means any person who sells, or offers for sale, any alcohol beverages in the town to any person other than a person holding a permit or a license under this chapter.
P. "Sell," "sold," "sale," or "selling" means any transfer of alcohol beverages with consideration or any transfer without consideration if knowingly made for purposes of evading the law relating to the sale of alcohol beverages or any shift, device, scheme, or transaction for obtaining alcohol beverages, including the solicitation of orders for, or the sale for future delivery of, alcohol beverages.
Q. "Soft drink" means any liquid capable of being used for beverage purposes containing any degree of alcohol less than one-half of one percent by volume.
R. "Tavern" means any premises at which fermented malt beverages or intoxicating liquor are sold for consumption upon said premises.
S. "Town"
means the Town of
T. "Town
board" means the board of supervisors for the Town of
U. "Town
clerk/treasurer" means the clerk/treasurer of the Town of
V.
"Town chairperson" means the chairperson of the Town of
W. "Under the influence" means not only all the well-known and easily recognized conditions and degrees of intoxication, but any abnormal mental or physical condition that is the result of indulging to any degree in alcohol beverages and that tends to deprive a person of the clearness of intellect and control of himself or herself that he or she would otherwise possess.
X. "
Y. "Wholesale" means the sale, other than by a brewer, manufacturer, or rectifier, of alcohol beverages to a licensed retailer in the town or to another person who holds a permit or license to sell alcohol beverages in the town at wholesale.
Z. "Wine" means products obtained from the normal alcohol fermentation of the juice or must of sound, ripe grapes, other fruits, or other agricultural products, imitation wine, and compounds sold as wine, vermouth, cider, perry, mead, and sake, if such products contain 0.5% or more of alcohol by volume.
SECTION V - SUBDIVISION AND NUMBERING OF THIS ORDINANCE-This ordinance is divided into sections designated by upper case Roman numerals. Sections may be divided into subsections designated by upper case letters. Subsections may be divided into paragraphs designated by numbers. Paragraphs may be divided into subdivisions designated by lower case letters. Subdivisions may be divided into subdivision paragraphs designated by lower case Roman numerals. Reference to a "section," "subsection," "paragraph," or "subdivision" includes all divisions of the referenced section, subsection, paragraph, or subdivision.
SECTION VI -
HEARING PROCESS-
A. In the event any alcohol beverage retail or
wholesale sale licensee or permittee violates this ordinance or chapter 125,
B. In the event disciplinary action is taken
against an alcohol beverage retail or wholesale sale licensee or permittee, the
procedure mandated under s. 125.12,
C. There shall be no refund of any alcohol beverage retail or wholesale sale license or permit fee paid to a party whose license is revoked or suspended under this ordinance.
D. In lieu of a hearing, the board may accept surrender of the alcohol beverage retail or wholesale sale license or permit and the board shall then determine the time period before another application for the same type of license or permit will be accepted from the former licensee or permittee.
E. Evidence and testimony at the hearing shall be given in open session. The town clerk shall post or arrange to post the hearing notice or publish in a format acceptable to the town chairperson.
F. Unless no disciplinary action, including reprimand or probation, is ordered by the town board, the alcohol retail sale or wholesale licensee or permittee shall reimburse the town for costs of personal service, mailing, faxing, copies, and any per diem paid for a town officer to attend the hearing or other meeting due to a license violation. Unpaid costs assessed under this subsection shall accrue interest at the rate of 5% per annum if unpaid after 30 days. Payment is required before any future alcohol retail or wholesale sale licensee or permittee is issued or reinstated to the license or permit holder.
SECTION VII -
COMPLIANCE CONDITIONS
A. It is unlawful for any person to sell or keep for
sale at wholesale or retail, or permit to be sold or kept for sale at wholesale
or retail, within the town any alcohol beverage or soft drink, except in strict
accordance with the provisions of this ordinance and state law. The issuance of
any license or permit to any person under this ordinance and chapter 125,
B. It is unlawful for a licensee, permittee, or any employee, operator, or manager of a tavern or other licensed or permitted establishment to be under the influence of an intoxicant, or a controlled substance or a combination of an intoxicant and a controlled substance while performing services on the licensed or permitted premises of the town.
C. It is unlawful for any person, including any owner, tenant, employee, operator, or manager of a tavern, who has engaged in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct in a town tavern premises under circumstances in which that conduct tended to cause or provoke a disturbance and who has been ordered by the town board or law enforcement officer not to enter or to remain in a tavern or other licensed or permitted establishment to so enter or remain during any period after having been ordered not to enter or remain by a law enforcement officer. An order prohibiting entry under this subsection may prohibit entry for a period up to 6 months.
D. As a condition of maintaining and keeping an alcohol
beverage retail sale license for a tavern in the town, any licensee of a tavern
premise must stay open for business and continue in business and demonstrate
business continuance satisfactory to the town board. Issuance or retention of a
license by a party not open for business and not demonstrating business
continuation is declared by this ordinance to be against public policy of the
town. A determination by the town board that a person is not demonstrating
business continuation establishes grounds for suspension or revocation of the
alcohol beverage retail sale license. The town board shall issue a summons and
set a hearing to determine whether the license shall be suspended or revoked
under this subsection. The hearing shall be held not later than 30 days after the
summons is issued. The town board may make its decision effective on a later
date, in its discretion. The procedure for the hearing shall be in accordance
with s. 125.12,
1. The person has not done business in the tavern premises for at least 30 consecutive days from 1 July -30 June of the license year.
2. The person has voluntarily vacated the premises more than 30 days before the hearing held under this subsection.
3. The person was ordered by a court of competent jurisdiction to vacate the premises at least 30 days before the hearing held under this subsection.
E. A license or permit shall not be denied on the grounds that the applicant lacks good moral character, unless there is evidence that the applicant would, if granted an initial or renewed license or permit, pose a threat to the safety or welfare of patrons of the licensed or permitted establishment in which he or she would be employed. The following will be considered grounds for a determination that an applicant lacks good moral character:
1. Suspension or
revocation of a Class A, Class B, Operator's, or Manager's License under chapter
125,
a. There is a relationship between the reasons for the suspension, revocation, or dismissal and the applicant's ability to competently tend bar without endangering the safety or welfare of the patrons of the premises where the applicant will tend bar under the authority of the applied for license or permit.
b. The suspension, revocation, or dismissal occurred within a year of the date of the application, or there has been more than one such suspension, revocation, or dismissal within 3 years of the date of the application.
2. Conduct exhibiting the use, within 3 years of the date of the application, of alcoholic beverages or controlled substances, to an extent or in a manner dangerous to any other person, or to an extent that such use would impair the applicant's ability to competently tend the tavern business.
3. a. The applicant has habitually been a law offender or has been convicted of a felony and the circumstances of the crime or crimes substantially relate to the circumstances of the permitted or licensed activity, unless the person has been legally pardoned.
b. The applicant is subject to a pending criminal charge and the circumstances of the charge substantially relate to the circumstances of the permitted or licensed activity.
c. The applicant has been convicted of one or more of the following:
i. Manufacturing, distributing, or delivering a controlled substance or controlled substance analog under s. 961.41 (1), Wis. stats.
ii. Possessing, with intent to manufacture, distribute, or deliver, a controlled substance or controlled substance analog under s. 961.41 (1m), Wis. stats.
iii. Possessing, with intent to manufacture, distribute or deliver, or manufacturing, distributing, or delivering a controlled substance or controlled substance analog under a federal law that is substantially similar to s. 961.41 (1) or (1m), Wis. stats.
iv. Possessing, with intent to manufacture, distribute, or deliver, or manufacturing, distributing, or delivering a controlled substance or controlled substance analog under the law of another state that is substantially similar to s. 961.41 (1) or (1m), Wis. stats.
4. If any law enforcement recommends to the town board denial of an Operator's License or other license or permit on the basis provided under this ordinance, the applicant shall be given the opportunity to present evidence of rehabilitation. Such evidence may include, but is not limited to, letters of recommendation, evidence of family stability or educational advancement, satisfactory work performed, professional counseling, and participation in community activities.
5. If a license or permit is denied by the town
board, the applicant shall have the right to file an appeal with the town clerk
within 30 days of the date of the decision, and to appear and be represented by
legal counsel before the town board, to be heard, to present evidence in favor
of the granting of the license or permit and to rebut the evidence presented in
opposition to the granting of the license or permit. The hearing on the appeal
shall be held within 40 days of the filing of the appeal. Notice of the time
and place of the hearing on the appeal shall be mailed by the town clerk to the
applicant by certified mail at least 10 days before the date of the hearing.
The town board shall, after the hearing, comply with chapter 125 by providing
in writing the reasons for its decision to grant or not grant a license or permit.
The town board shall comply with s. 125.12,
F. It is a condition of any license or permit issued under this ordinance that documents relating specifically to the licensed or permitted business, such as verification of Wisconsin Seller’s Permit Number or Federal Employer Identification Number (FEIN) and responses to questions on the Alcohol Beverage License Application may be inspected at any reasonable hour by the Town Chairman. Any refusal to permit such inspection shall automatically operate as a revocation of any license or permit issued under this ordinance and shall be deemed a violation of this subsection.
G. No licenses or permits may be
granted under this ordinance or under chapter 125,
H. All Applicants for licenses for doing business in the Town of Sampson must have all personal property taxes, assessments, claims and forfeitures owing to the Town to be paid in full before the Clerk will issue any licenses.
SECTION VIII -
PENALTIES
A. A person who commits a violation of this ordinance is subject to a forfeiture of:
1. Not more than $100.00 if the person has not committed a previous violation within 30 months of the violation.
2. Not more than $200.00 if the person has committed one previous violation within 30 months of the violation.
3. Not more than $300.00 if the person has committed 2 previous violations within 30 months of the violation.
4. Not more than $400.00 if the person has committed 3 or more previous violations within 30 months of the violation.
B. The town board shall suspend any license or permit issued under this ordinance to a person for:
1. Not more than 3 days, if a court finds that the person committed a violation under this ordinance within 12 months after committing one previous violation; or
2. Not less than 3 days nor more than 10 days, if a court finds that the person committed a violation under this ordinance within 12months after committing 2 other violations; or
3. Not less than 15 days nor more than 30 days, if a court finds that person committed the violation within 12 months after committing 3 other violations.
C. For purposes of determining whether or not a previous violation has occurred, if more than one violation occurs at the same time all those violations shall be counted as one violation.
D. Any person that fails to comply with the provisions of this ordinance shall, upon conviction, pay a forfeiture, plus the applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this ordinance. In addition, the town board may seek injunctive relief from a court of record to enjoin further violations.
SECTION IX -
SEVERABILITY
If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are severable.
SECTION X -
EFFECTIVE DATE
This ordinance is effective on publication or posting.
The town clerk shall properly post or publish this ordinance as
required under s. 60.80,
Adopted this 10 day of September 2007.
________________________
Joseph Butterfield, Chairman
________________________
Norm Gutsch, Supervisor
____________________
Chris Haller, Supervisor
____________________
Attest: Veda Reed Clerk/Treasurer