Chapter 5.05


5.05.010    State statute adopted.

5.05.020    License required – Premises defined.

5.05.030    License fees.

5.05.040    Inspection.

5.05.050    Restrictions on the issuance of licenses.

5.05.060    Conditions of license.

5.05.070    Sale of beer to minors prohibited.

5.05.080    Revocation.

5.05.090    Refusal to renew license.

5.05.100    Special permit.

5.05.110    Regulations.

5.05.120    Public places.

5.05.130    Liquor or beer in a motor vehicle.

5.05.140    Cabaret license.

5.05.150    Operator’s license: provisional license.

5.05.010 State statute adopted.

The provisions of Wis. Stat. Ch. 125, relating to the sale of intoxicating liquor and fermented malt beverages, except Wis. Stat. §§ 125.04(11), 125.09(6), 125.14(2), (3) and (4), 125.56, 125.60, 125.61, 125.62, 125.66(3) and 125.69 exclusive of any provisions thereof relating to the penalty to be imposed or the punishment for violation of said statutes, are hereby adopted and made a part of this chapter by reference. A violation of any such provisions shall constitute a violation of this chapter and shall be punishable by a fine as provided for in the general penalty provisions of these ordinances, unless a more specific penalty is provided by statute or ordinance, as well as any other penalties, including suspension or revocation of a license, as is hereinafter provided for in this chapter. (Ord. 2010-14 § 1. 2008 code § 8.01(1))

5.05.020 License required – Premises defined.

1.    No person shall vend, sell, deal or traffic in or for the purpose of evading any law or ordinance, give away any intoxicating liquor in any quantity whatever, or cause the same to be done, without having procured a license therefor, nor without complying with all the provisions of this code, and all statutes, ordinances, administrative code requirements, and regulations applicable thereto. A licensed premises or any portion thereof shall be limited to the specific areas or rooms of each premises as is found in the application or any more restrictive area that is provided for in the approval of such license or in the license itself, whichever is the most restrictive. Any part of a premises that is licensed under this chapter which is not located on the street level shall have sufficient visual access from the street and parking lot so as to enable law enforcement personnel in determining whether or not such portions of the premises are being operated. This shall apply to both basements and second story structures.

2.    At the time an applicant applies, and again whenever the applicant seeks renewal of a license under this section, a business plan shall be submitted to the Town Clerk, said business plan shall be made available to the Building Inspector and Chief of Police for their review and comment. The business plan shall include, but is not limited to, the following items of content:

a.    Hours of operating;

b.    Capacity limits;

c.    Square footage of the premises to be licensed;

d.    Parking availability;

e.    A statement regarding the capability of or the desire to hold banquets or receptions. (2008 code § 8.01(2))

5.05.030 License fees.

1.    Fees for the following licenses issued by the Town Board relating to alcohol beverages within the Town shall be in such amount as may be established by the governing body from time to time by separate resolution:

a.    Class “A” fermented malt beverage license, annual fee: $25.00.

b.    Class “B” fermented malt beverage license, annual fee: $100.00.

c.    “Class A” intoxicating liquor license, annual fee: $500.00.

d.    “Class B” intoxicating liquor license, annual fee: $400.00.

e.    “Class B” combination liquor license, annual fee: $500.00.

f.    Temporary Class “B” beer license (beer and other fermented beverages), annual fee: $10.00.

g.    Temporary “Class B” wine license, annual fee: $10.00.

h.    Provisional retail license fee, 60 days: $15.00.

i.    Provisional operator’s license fee: $30.00.

j.    Operator’s license, annual fee (includes $7.00 background check fee): $30.00.

k.    Manager’s license, annual fee: $30.00.

l.    Fermented malt beverage wholesaler’s license, annual fee: $30.00.

m.    Reserve Class “B” intoxicating liquor license, initial fee: $10,000.

In the event that a license is issued for only part of a year, the entire amount of the license fee shall be paid unless the fee is required by state law.

2.    All required fees shall be nonrefundable and shall be submitted with the foregoing applications. An application without a fee shall be held and not processed until the fee is received by the Town Clerk. (Ord. 2015-1. 2008 code § 8.01(3))

5.05.040 Inspection.

1.    The Town Clerk shall notify the Town Building Inspector who shall inspect or cause to be inspected each application and the premises applicable thereto, to determine whether the applicant and the premises sought to be licensed comply with the regulations, administrative codes, ordinances, and law applicable thereto, including regulations, including those required by the State of Wisconsin Department of Industry, Labor and Human Relations, and the State Department of Health and Social Services where applicable. The Building Inspector and Chief of Police shall inspect all premises which have been closed, vacant or not operated as a tavern for a period of more than 30 days prior to the application. They shall furnish to the Town Board the information derived from such investigations, and a statement as to whether the applicant and the premises meet the requirements of the department for which the officer is certifying. Failure to allow inspection of the premises shall be cause for denial of an application and/or institution of revocation of license proceedings.

2.    Consent to Inspection. Every applicant obtaining a license thereby consents to the entry of the police or other authorized representatives of the municipality or the state at any reasonable time for the purpose of inspection and consents to the removal from said premises all things found in violation of municipal ordinances or state law and consents to the introduction of such things as evidence any prosecution that might be brought for such ordinances. In addition, any conditions or noncompliance with subsection (1) of this section shall be brought to the attention of the Town Board and the applicant shall be required within a reasonable amount of time to correct any such violations. Failure to timely correct such violations shall be grounds for nonrenewal of license or, if the same affects health, sanitation or safety issues, proceedings to suspend or revoke such license.

3.    In determining the suitability of an applicant, consideration shall be given to the moral character and financial responsibility of the applicant, the appropriateness of the location and premises where such licensed business is to be conducted, and generally the applicant’s fitness for the trust to be reposed. (2008 code § 8.01(4))

5.05.050 Restrictions on the issuance of licenses.

1.    Location. No retail Class “A” or Class “B” license shall be issued for premises the main entrance of which is less than 300 feet from the main entrance of any established public school, parochial school, hospital or church. Such distance shall be measured by the shortest route along the highway from the closest point of the main entrance of such school, church or hospital to the main entrance to the premises covered by the license.

2.    Sanitary Facilities. Each premises for which Class “B” fermented malt beverage or liquor license is granted must be properly lighted and ventilated and supplied with separate sanitary toilet and lavatory facilities equipped with running, potable water for each sex. The Town Building Inspector or his designee shall inspect premises to be licensed and insure that all sanitary facilities and water supplies are in compliance with code requirements and applicable state law, administrative code and ordinance requirements.

3.    Corporations. No license shall be granted to any corporations when more than 50 percent of the voting stock interest, legal or beneficial, is held by any person or persons not eligible for a license under this section.

4.    Age Requirement. No license hereunder shall be granted to any underage person as defined by Wis. Stat. Ch. 125.

5.    Issuance for Sales in Dwellings Prohibited. No license shall be issued to any person for the purpose of processing, selling or offering for sale any alcoholic beverages in any dwelling, flat or residential apartment. A property which has a multiple usage or zoning classification may only qualify for licensing of that portion of the premises which is separate from and has no internal access to a residential apartment, flat or other living quarters. Internal access shall include hallways, stairs, and doorways, whether locked or not.

6.    Parking. Any person seeking a new license or the expansion of an existing license shall demonstrate that adequate parking is available for the premises. Adequate parking shall be presumed where one parking space exists for every four persons permitted to be in such premises by the state or local Fire Inspector, Fire Marshal or their designee. Adequate parking may be established by using existing parking spaces that are on owned property or on public streets, as may be permitted, within 250 feet of any entrance to the premises, and/or by way of a written lease permitting unrestricted parking to patrons and employees of the applicant within 250 feet of any entrance to a premises. (2008 code § 8.01(5))

5.05.060 Conditions of license.

All retail Class “A” and “B” licenses granted hereunder shall be granted subject to the following conditions, and all other conditions of this section, and subject to all other ordinances and regulations of the Town applicable thereto:

1.    Consent to Inspections. 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 consents to the removal from said premises of all things and articles they had in violation of Town ordinances or state law, and consents to the introduction of such things and articles in evidence in any prosecution that may be brought for such offenses.

2.    Employment of Minors Prohibited. No retail Class “A” or “B” licensee shall employ any person under 18 years of age to sell, serve, dispense or give away any alcoholic beverage. This subsection shall not apply to hotels, restaurants, or combination package goods and grocery stores.

3.    Disorderly Conduct Prohibited. It shall be a condition of this chapter that no licensee shall permit or allow disorderly, riotous or indecent conduct to take place or exist at any time on any portion of his licensed premises, or in any other area of the entire parcel of land and the improvements thereto, a portion of which has been licensed under the provisions of this chapter, which is either owned by, or under the custody or control of the licensee or his agent, such as parking lots, or front and side yards. No premises which are licensed shall operate or conduct business from premises which are in violation of any building code, zoning ordinance, state administrative code regulation, or Town ordinance. (2008 code § 8.01(6))

5.05.070 Sale of beer to minors prohibited.

No liquor or fermented malt beverage shall be sold, dispensed, given away, or furnished to any person under the age of 21 years, nor shall any person under the age of 21 years knowingly possess, transport, or have under his control any liquor or fermented malt beverages unless such person is accompanied by his parent, guardian, or spouse over the age of 21 years. (2008 code § 8.01(7))

5.05.080 Revocation.

1.    Violation by Agent. A violation of this chapter by a duly authorized agent or employee of a licensee shall constitute a violation by the licensee.

2.    Proceedings. Proceedings for revocation of any license issued hereunder may be instituted in the manner and under the procedure prescribed in Wis. Stat. § 125.12(2).

3.    Automatic Revocation. If a licensee or his agent or employee is convicted of a second offense under this chapter, which is based on an incident which occurs within one year of the first conviction, the licensee, in addition to the penalties provided for violation of this chapter, shall be subject to forfeiture of any license issued to him.

4.    Grant of License After Revocation. No license shall be granted to a person who has had his license revoked hereunder for a period of one year from the date of revocation. (2008 code § 8.01(8))

5.05.090 Refusal to renew license.

The Town of East Troy may refuse to renew a license previously granted for any violation of this chapter. Prior to the time for the renewal of the license, the Town Board, or an agent or committee authorized by the Town Board, shall notify the licensee in writing of its intention not to renew the license and provide the licensee with an opportunity for a hearing. Proceedings regarding the refusal to renew a previously granted license shall follow the procedures described in Wis. Stat. § 125.12(3). No renewal of a license or an issuance of a new license shall be granted to any person who is delinquent in payment of any taxes (whether local property tax or personal property tax), assessments, or other claims owed to the Town including property taxes owed to the Town by the owner of the property upon which the premises sits that the applicant is applying for a license or for any outstanding forfeiture owed due to the violation of any ordinance of the Town of East Troy. Further, the Town Board will refuse to renew a license under this chapter until or unless the person applying for renewal becomes compliant with all directives of the Fire Chief or other safety directives regarding alleged safety or structural violations. (2008 code § 8.01(9))

5.05.100 Special permit.

An organization qualified under Wis. Stat. Ch. 125 sponsoring a special community event or activity may, in a public place in the Town of East Troy dispense by sale or otherwise, fermented malt beverages only under the following circumstances and upon the following conditions:

1.    No less than 45 days prior to the intended use a written request for the use shall be filed with the Town Clerk together with a permit application fee in the amount of $5.00. Said written request shall contain the following information:

a.    Name and address of the organization requesting the permit and the individual who shall be responsible.

b.    The date and hours of intended use.

c.    A brief statement of the principal use to be conducted.

d.    The location of the intended use.

2.    The Town Clerk shall submit the request to the Town Board prior to the next regular Town meeting and the matter shall be placed upon the agenda. At the next regular Town meeting the Town Board will either approve or deny the request.

a.    The Town Board may approve the request only after finding that the issuance of the permit is not contrary to the public health, safety, and welfare.

b.    If the Town Board approves the application it may issue the permit on such terms and conditions as in its discretion it believes best suited to serve the public health, safety, and welfare.

3.    In the event the permit is granted, fermented malt beverages may only be dispensed in individual drinks and may not be dispensed in bulk in original packages or otherwise and shall be dispensed for consumption and be consumed only upon the premises for which the permit is issued. (Ord. 2010-14 § 2. 2008 code § 8.01(10))

5.05.110 Regulations.

All holders of a Class “B” picnic license shall comply with the following regulations:

1.    All holders of said license shall post in one or more conspicuous locations, including all sale outlets, a sufficient number of signs disclosing that no fermented malt beverages will be served to any underage person or any person without adequate age identification.

2.    A fence shall be installed around the points of sale to control ingress and egress and a licensed operator or police officer shall be posted at the entrance for the purpose of checking age identification.

3.    The carry-out of intoxicating beverages is prohibited.

4.    No underage person or persons shall be allowed to assist in the sale of any intoxicating beverage, nor shall such person be permitted to loiter in the area of any sales of intoxicating beverages. (2008 code § 8.01(11))

5.05.120 Public places.

1.    Except as hereinafter provided, no person shall at any time dispense, sell, open or consume at, upon, or in any public street, park, parkway, municipal building, conveyance, or other public building, way or area in the Town, any intoxicating liquor or fermented malt beverages.

2.    The provisions of this chapter as to fermented malt beverages shall not apply to a public place during the period covered by a special permit issued pursuant to the provisions of ETMC 5.05.100. (Ord. 2010-14 § 3. 2008 code § 8.01(12))

5.05.130 Liquor or beer in a motor vehicle.

No person may have in his possession an open can, bottle or other container of fermented malt beverage or intoxicating liquor in a motor vehicle in a public place. (2008 code § 8.01(13))

5.05.140 Cabaret license.

1.    Authority. This section is enacted pursuant to power granted by virtue of the Wisconsin Statutes, including Wis. Stat. § 125.10 and village powers adopted by the Town of East Troy. The Town Board finds this section sets reasonable limits for what will be considered appropriate for cabarets or other similar establishments wherein alcohol is permitted to be sold and performances involving partially nude dancers are permitted or involving performances of entertainers, except as hereinafter expressly permitted.

2.    Cabaret License. All establishments holding a liquor license that intend on permitting partially nude performances or performances of entertainers, excepting band members, vocalists, musicians or comedians, all such entertainers being required to be fully clothed in such a manner as is acceptable in all public places, to occur, shall first obtain from the Town of East Troy Board a cabaret license under the procedures set forth in ETMC 5.70.020 through 5.70.050. Any renewals of a liquor license shall expressly refer to whether or not such performances are to occur or else during the term of that liquor license, the operator shall be deemed to have waived any right or privilege to permit the same. Cabaret licenses shall be issued under the procedure set forth in ETMC 5.70.020 through 5.70.080 and 5.70.120 for one-year terms and run concurrently with the term for liquor licenses.

3.    Restrictions. There shall be no nudity in public places holding an alcohol license issued by the Town of East Troy. No licensee shall allow any entertainment which makes an appeal primarily to prurient interests. Also, no licensee shall advertise, produce, perform or allow any lewd, obscene or indecent performance of any kind on the premises, as those terms are defined by state statute or current interpretation of such terms by courts of precedent in or for the state of Wisconsin.

4.    Definitions.

a.    “Nudity” means the showing or exposing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple.

b.    Where applicable, Chapter 5.70 ETMC, Adult-Oriented Establishments, shall be referenced to define all other words or phrases defined therein having applicability to words or phrases used in this section.

5.    Standards for Issuance of License. To receive a cabaret license, as a part of an establishment licensed to sell any alcoholic beverages, the applicant must show the following:

a.    That the establishment meets the standards and is in compliance with all of the requirements set forth in Chapter 5.70 ETMC, Adult-Oriented Establishments, including ETMC 5.70.020 through 5.70.050;

b.    That the applicant is qualified to hold such a license under Chapter 5.70 ETMC, Adult-Oriented Establishments;

c.    That the applicant’s premises have all applicable zoning and conditional use permits, including but not limited to: a suitable business district zoning and conditional use permits for a tavern and nightclub.

6.    Contact Prohibition. There shall be no contact with any patron, owner, employee, customer or bystander with a paid or amateur dancer during or shortly after a dance when the performance or clothing is or has recently been removed, either by direct, physical contact or the placing of money or other thing of value in the remaining clothing or against the body of said performer.

a.    This section is not to be interpreted as restricting the proper use of a bathroom facility.

b.    No person at the licensed premises shall engage in actual or simulated sexual intercourse or sexual contact through fondling or erotic touching a person, animal, device or their specified anatomical areas, including any genitals, buttocks, or female breasts.

c.    To insure that no contact does occur, dancers or other performers shall maintain a minimum of six feet away from patrons, owners, employees, customers or bystanders, at all times during or immediately following the dance or performance.

7.    Violation. Each violation of this section shall result in a forfeiture of not less than $100.00 nor more than $500.00. When using a citation form of enforcement, the deposit allowed shall be $200.00 for the first offense or $500.00 for a second offense or greater offense within two years, plus court costs. Pursuant to procedures set forth in Wis. Stat. § 125.12 and Town ordinances, violation constitutes sufficient grounds for Board consideration of license suspension, revocation or nonrenewal both as to the cabaret license and the liquor license.

8.    Severability. In the event that any part, section, phrase or word in this section is found to be invalid, such invalidity shall not affect the remainder of this section which can be given effect without the invalid provision or application, and to this end, the provisions of this section are severable. (2008 code § 8.01(14))

5.05.150 Operator’s license: provisional license.

1.    After Town Board approval of an application for an operator’s license, the Town Clerk/Treasurer 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.    If the application is denied, the Town Clerk/Treasurer 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 Town Board’s review of the matter. At such reconsideration hearing, the applicant may present evidence and testimony as to why the license should be granted.

3.    If, upon reconsideration, the Town Board denies the application, the Town Clerk/Treasurer 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 Circuit Court pursuant to Wis. Stat. § 125.12(2)(d) for review.

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 the 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 upon recommendation from the Chief of Police, 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.

5.    Provisional License. The Town Clerk/Treasurer may issue a provisional operator’s license in accordance with Wis. Stat. § 125.17(5). The provisional operator’s license shall expire 60 days after its issuance or when an operator’s license is issued to the holder, whichever is sooner. The Town Clerk/Treasurer may, upon receiving an application for a temporary provisional license and a fee of $15.00, issue such a license without requiring the successful completion of the approved program as described herein. However, such temporary license shall be used only for the purpose of allowing such applicant the privilege of being licensed as a beverage operator pending his/her completion of the approved program. A provisional license may not be issued to any person who has been denied an operator’s license by the Town or who has had his/her operator’s license revoked or suspended within the preceding 12 months. The Town Clerk/Treasurer shall provide an appropriate application form to be completed in full by the applicant. The Town Clerk/Treasurer may revoke the provisional license issued if he/she discovers that the holder of the license made a false statement on the application. Following completion of the bartender awareness course and notification from the school, the license application will be presented to the Board, with the appropriate fee for an operator’s license. If approved by the Town Board, the operator’s license is issued. (2008 code § 8.01(15))