Chapter 5: Regulation of Alcoholic Beverages
5.01. REPEAL OF PRIOR ORDINANCES.
All prior Town ordinances whose primary purpose was the regulation of the sale and use of alcohol beverages are repealed.
5.02. STATE ALCOHOL BEVERAGES LAWS ADOPTED.
Except as otherwise specifically provided herein, the statutory provisions of Chapter 125 of the Wisconsin Statutes including penalty provisions contained therein, exclusive of fines or terms of imprisonment, are hereby adopted and by this reference made a part of this ordinance as if fully set forth herein. Any future amendments, revisions or modifications of the said incorporated provisions, shall become a part of this ordinance without the need for further action by the Town.
5.03. REGULATION OF HOURS.
(1) Class “A”
No person may sell fermented malt beverages on Class “A” licensed premises between the hours of nine (9) p.m. and eight (8) a.m., although said premises may remain open for the conduct of other regular business.
(2) "Class A"
No person may sell intoxicating liquor on “Class A" licensed premises in an original unopened package, container or bottle or for consumption away from the premises between the hours of nine (9) p.m. and eight (8) a.m.
(3) Class “B”
No person may sell fermented malt beverages on Class "B" licensed premises in an original unopened package, container or bottle or for consumption away from the premises between the hours of nine (9) p.m. and eight (8) a.m.
(4) “Class B”
No person may sell intoxicating liquor on “Class B” licensed premises in an original unopened package, container or bottle or for consumption away from the premises between the hours of nine (9) p.m. and eight (8) a.m.
(5) “Class C”.
No person may sell wine on “Class C” licensed premises for consumption on said premises between the hours of two (2) a.m. and eight (8) a.m.
(6) Hours When Closed
During hours when premises licensed hereunder are not open for business pursuant to this chapter, the licensee shall ensure that only the licensee, employees, salespersons or service personnel are present on such premises and even such persons may be present only when and so long as they are performing job related activities.
5.04. LICENSES.
(1) No Sales Without License, Fees, Terms
Every person (except those under immediate supervision of an appropriate person - see §125.17, 125.32 and 125.68 Wis. Stats.) in the Town of Dunkirk who sells alcohol beverages with one-half of one percent (1/2 of 1%) of alcohol by volume or more and manufacturers, wholesalers, retailers and distributors of such beverages in the Town of Dunkirk, shall seek and obtain the following applicable licensees) from the Town of Dunkirk:
a) “Class “B” Winery License [125.51(3)(am)]
b) “Class “A” (Fermented Malt Beverages) License [§125.25]
c) “Class “B” (Fermented Malt Beverages) License [§125.26]
d) “Class A" (Intoxicating Liquor) License [§125.51(2)]
e) "Class B” (Intoxicating Liquor) License [§125.51(3)(b)]
f) "Class C" Retail Wine (Consumed on Premises) License [121.51(3m)]
g) Temporary Class “B” (picnic) Fermented Malt Beverage License [125.26(6)]
h) Temporary "Class B” (picnic) Wine License [125.51(10)]
i) Operator's License [125.17(1)-(3)]
j) Manager's License [125.18, 125.32(1) and 125.68(1)]
The fees for such license(s) are as noted on the Town of Cottage Grove Alcohol Beverage License Application adopted hereinafter. Said fees may be reviewed and modified upon the request of the Town Clerk or on motion of any supervisor. Except as otherwise specifically noted, terms of licenses shall be from July 1 of one year to June 30 of the following year.
(2) Issuance of Licenses.
a) The Town Clerk is hereby delegated the authority to issue operators and managers licenses in compliance with the terms of this ordinance and applicable Wisconsin Statutes. The Board retains the power and obligation to decide on all other licenses.
b) The Town of Dunkirk Alcohol Beverage License Application attached hereto and marked Exhibit A is hereby adopted and made a part of this ordinance as though fully set forth herein.
c) The Town shall provide one copy of this ordinance at no cost to any applicant for a license hereunder or to any member of the public.
d) No person or corporation shall be issued or reissued any alcohol beverage license in the Town of Dunkirk unless:
the applicant will be at least 18 years of age at the time of issuance (21 years in the case of a Managers license);
the appropriate fee has been paid;
all relevant portions of the Town of Dunkirk Alcohol Beverage License Application have been fully completed;
except as provided in Stats. 125.17(6), such applicant or its agent has successfully completed a responsible beverage servers course;
the statutory waiting period for issuance of a license has passed (see Stats. 125 .04 (3)(f) ;
the applicant holds a seller's permit from the State of Wisconsin;
notice thereof has been published as a class 1 notice containing the name and address of the applicant, the kind of license applied for, and the location of the premises to be licensed. The applicant for a license shall deposit the fees required for such publication with the Town Clerk at the time of filing the application, and the Town Clerk shall thereupon cause such publication to be made.
e) If an applicant for a license has an arrest or conviction record which, in the opinion of the Clerk, disqualifies him or her from holding an operators or managers license, the clerk will, in consultation with the Town Attorney, refuse to issue such license and will specify the reasons for such refusal in writing to the applicant. In no event will the application fee be refunded since such fee is intended to cover the cost of a background check.
f) No corporation shall be issued a license unless it appoints an agent, by written corporate resolution and endows that agent with all powers required by the provisions of Stats. 125.04(6). Successor agents must meet the same qualifications.
g) No license for any premises shall be issued if that premises has unresolved building code violations or unpaid and delinquent taxes or assessments. Every premises to be licensed shall have an operating telephone on the premises to summon help in an emergency.
5.05. POSTING AND CARE OF LICENSES.
Every license issued under this chapter shall be posted and at all times displayed as provided in Stats. 125.4(10). No person shall post such license or permit any other person to post it upon premises other than those mentioned in the application, or deface or destroy such license.
5.06. REVOCATION AND SUSPENSION OF LICENSES.
Whenever the holder of any license under this chapter violates any portion of this chapter, proceedings for the revocation of such license may be instituted in the manner and under the procedure established by Stats. 125.12 and the provisions therein relating to granting a new license shall likewise be applicable.
5.07. AUTOMATIC REVOCATION.
Any license issued under the provisions of this chapter shall stand revoked without further proceedings upon the conviction of a licensee or employee, agent or representative thereof for a second offense within one calendar year under this chapter or for a violation of Chs. 125 or 139, Wis. Stats., or any other State or Federal liquor or fermented malt beverage laws or of any felony.
5.08. NONRENEWAL OF LICENSES.
Before renewal of any license issued under this chapter is refused, the licensee shall be given written notice of any charges or violations against him or her 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 on such motion.
5.09. CANCELLATION OR FORFEITURE OF LICENSE, FEES NOT REFUNDED
If any license except an operators or manager1s license issued hereunder is not used within 15 days after its issuance, or if after its issuance its usage is discontinued for a period of 15 days or more, the license may be cancelled by the Town Board. If any license issued under this chapter is revoked for cause or is voluntarily surrendered, no refund shall be made of any part of the license fee.
5.10. EFFECT OF REVOCATION OF LICENSE.
Whenever any license has been revoked, at least 6 months from the time of such revocation shall elapse before another license shall be granted for the same premises and 12 months shall elapse before another license shall be granted to the person whose license was revoked.
5.11. 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 to the Town.
5.12. SEARCH OF LICENSED PREMISES.
It is a condition of any license issued hereunder that the licensed premises may be entered and inspected at any reasonable hour by any peace officer without a warrant and 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 a violation of this section.
5.13. PENALTIES.
Any person who violates any provision of this ordinance shall be subject to the forfeitures and other penalties set forth in Chapter 125 Wisconsin Statutes, exclusive of penalties which provide for fines or terms of imprisonment and if no specific forfeiture is provided, shall be subject to a forfeiture of not more than Five Hundred Dollars ($500.00) together with court costs.
5.14. EFFECTIVE DATE.
Sections 5.00 - 5.12 shall take effect the day following the publication of the ordinance adopting them.
