2. The person has voluntarily vacated the premises more than ____ 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 ____ 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, Wis. stats., or this ordinance, or dismissal from a bartending job if all of the following apply:
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 town committee, or local law enforcement, recommends to the town board denial of an Operator's License or Manager 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, Wis. stats. 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, Wis. stats., in the denial, revocation, suspension, or nonrenewal of a license or permit.
F. It is a condition of any license or permit issued under this ordinance that the licensed or permitted premises, delivery vehicles, and any of the business books of account, bank statements, billings, invoices, and any other documents relating specifically to the licensed or permitted business may be entered and inspected at any reasonable hour by any law enforcement officer of the town without any warrant, and application for a license or permit under this ordinance shall be deemed a consent to this provision. 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, Wis. stats., unless the town board, by a vote of the majority of the members-elect of the town board, authorizes the issuance of the license or permit. The town board shall meet not later than May 15 of each year and be in session from day to day thereafter, so long as it may be necessary for the purpose of action upon applications for licenses and permits as may be presented to them on or before April 15, and all applications for licenses so filed shall be granted or denied not later than June 15 for the ensuing license year.
SECTION VIII – UNDERAGE AND INTOXICATED PERSONS/DISORDERLY HOUSE/AFTER HOURS
A. Sale of Alcohol Beverages to Underage Persons; Restrictions. 1. No person may procure for or sell, dispense, or give away any alcohol beverages to any underage person not accompanied by his or her parent, guardian, or spouse who has attained the legal drinking age.
2. No licensee or permittee may sell, vend, deal, or traffic in alcohol beverages to or with any underage person not accompanied by his or her parent, guardian, or spouse who has attained the legal drinking age.
3. No adult may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by an underage person on premises owned by the adult or under the adult's control. This paragraph does not apply to alcohol beverages used exclusively as part of a religious service.
B. Intoxicated Persons. 1. No person may procure for or sell, dispense, or give away alcohol beverages to an intoxicated person.
2. No licensee or permittee may sell, vend, deal, or traffic in alcohol beverages to or with an intoxicated person.
3. No licensee or permittee may permit an intoxicated person to be on a licensed or permitted premise.
C. Disorderly House. No licensee or permittee in charge and control of a licensed or permitted premises shall keep or maintain a disorderly or riotous, indecent, or improper tavern or licensed or permitted establishment.
D. After hours. No licensee or permittee shall permit any person to be present on the premises operated under a Class “A,” “Class A,” or “Class C” license or under a Class “B” or “Class B” license or permit during hours when the premises are not open for business unless these persons are performing job-related activities.
E. Unsanitary or Unsafe Conduct. No licensee or permittee in charge and control of a tavern shall fail to keep or maintain a tavern or other licensed or permitted premise in a sanitary and safe condition after written notice by the State of Wisconsin, Department of Health and Family Services or the town board.
SECTION IX - PENALTIES
A. A person who commits a violation of this ordinance is subject to a forfeiture of:
1. Not more than $_____ if the person has not committed a previous violation within 30 months of the violation.
2. Not more than $_____ if the person has committed one previous violation within 30 months of the violation.
3. Not more than $_____ if the person has committed 2 previous violations within 30 months of the violation.
4. Not more than $_____ if the person has committed 3 or more previous violations within ____ months of the violation.
B. For purposes of determining whether a previous violation has occurred, if more than one violation occurs at the same time, all those violations shall be counted as one violation.
C. 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 X – 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 XI – 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, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note:
Section 125.12 (2) (ar), Wis. stats., requires personal service of the hearing notice (summons) and complaint, and a hearing within 3 to 10 days thereafter. In the event the permittee or licensee cannot be found, the summons may be published once in a newspaper of general circulation deemed most likely to provide notice to the license holder.
To the Town Board of the Town of ________, ________ County, Wisconsin:
The undersigned, ________ ________, a resident of the Town of ________, ________ County, Wisconsin, makes complaint against ________ ________, of the town, who is licensed to sell [describe kind of license] on the following described premises [describe them] in the town, and alleges [that the licensee has violated
chapter 125, Wis. stats., or a regulation adopted under
s. 125.10, Wis. stats., (specify violation) or that the licensee keeps or maintains a disorderly or riotous, indecent or improper house
or that the licensee has sold or given away alcohol beverages to known habitual drunkards or that the licensee does not possess the qualifications required under
chapter 125
, Wis. stats., to hold the license]. [State fully the facts relied upon to sustain complaint.]
Dated this ______ day of ________, 20__.
STATE OF WISCONSIN
________ County
________ ________, being duly sworn, says that the foregoing complaint is true.
[Signature]
Subscribed and sworn to before me, this ____ of ________, 20__.
[Signature and title of officer]
*[Security for costs (Optional) We hereby undertake to pay all costs of the proceedings against ________ ________, upon the above complaint, if the same is, upon hearing, found to be malicious and made without probable cause.
Dated this ______ day of ________, 20__.
[Signatures of sureties]
STATE OF WISCONSIN
Town of ________
________ County
The State of Wisconsin, to any peace officer of the town:
Whereas, complaint was made in writing, under oath, to the Town Board of the Town of ________, ________ County, Wisconsin, by ________ ________, a resident of the town, that ________ ________, who sells [describe kind of license] in the town, under a license granted pursuant to law, has violated [
chapter 125, Wis. stats., and/or the following regulation adopted under
s. 125.10,Wis. stats.: specify violation or otherwise as in complaint];
You are commanded to summon ________ ________, who is commanded to appear before the Town Board of the Town of ________ at ______________ [state place] on ________ ___, 20__, at ____ o'clock ___.m., [not less than 3 nor more than 10 days from date of summons] to show cause why the license should not be [revoked or suspended or nonrenewed].
Given under my hand, by order of the town board, this ____ of ________, 20__.
[Signature of town clerk]
STATE OF WISCONSIN
Town of ________
________ County
To ________ ________:
It appearing to the Town Board of the Town of ________, ________ County, Wisconsin, from the evidence presented that you sell [describe type of sale, as in license] in the town under a Class [A or B or C] license and that you violated [
chapter 125, Wis. stats. and/or the following regulation adopted under
s. 125.10, Wis. stats.: [specify violation as in complaint and nonappearance, if applicable], you are notified that your license is [revoked or suspended for ____ days or not renewed].
Dated this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
STATE OF WISCONSIN
Town of ________
________ County
Whereas, on ________ ___, 20__, complaint was made to the Town Board of the Town of ________, ________ County, Wisconsin, in writing, under oath, by ________ ________, a resident of the town, that ________ ________, who sells [describe type of sale, as in license] in the town, under a Class [A or B or C] license granted to the licensee by the town board, on ________ ___, 20__, violated [
chapter 125, Wis. stats., and/or the following regulation adopted under
s. 125.10, Wis. stats.: specify the violation as in complaint]; and
Whereas, a summons was issued commanding the licensee to appear before the town board of the town on ________ ___, 20__, at ____ o'clock ___.m., at ______________ [state place]; and ________ ________, having been served with the summons and [not having appeared as required, we, the town board, deeming the allegations of the complaint sufficient or ________ ________, having appeared and denied the complaint;]
Now, after hearing the evidence produced by [the complainant or each party] upon the issue, we find the complaint [to be true and order that the license granted to ________ ________ is (revoked or suspended for ____ days or not renewed) or to be untrue, and order the complaint dismissed or to be untrue, and that the complaint was made by ________ ________ maliciously and without probable cause, and we order that the complaint be dismissed, and that the costs, amounting to $________, shall be paid by ________ ________].
Dated this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
STATE OF WISCONSIN
Town of ________
________ County
To ________ ________:
It appearing to the Town Board of the Town of ________, ________ County, Wisconsin, that a Class [A or B or C] alcohol beverage license should not be issued to you for the reason that [specify the grounds for denial], you are notified that said license will not be issued.
Dated this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
I, ________ ________, of ______________, make application for an operator's license under
s. 125.17, Wis. stats., to sell alcohol beverages in a place operated for the sale of alcohol beverages, and I agree that I will comply with all laws, resolutions, ordinances, and regulations, state, federal, and local, affecting the sale of alcohol beverages, if a license is granted to me.
