(a) Procedure. Whenever the holder of any license under this Chapter violates any portion of this Chapter or Title 11, Chapter 4, of this Code of Ordinances, proceedings for the revocation of such license may be instituted in the manner and under the procedure established by this Section.
(b) Abandonment of Premises. Any licensee holding a license to sell alcohol beverages who abandons such business shall forfeit any right or preference he may have to the holding of or renewal of such license. Abandonment shall be sufficient grounds for revocation of any alcohol beverage license. The losing of the licensed premises for at least six (6) months shall be prima facie evidence of the abandonment, unless extended by the Village Board. All persons issued a license to sell alcohol beverages in the Village of Edgar for which a quota exists limiting the number of such licenses that may be issued by the Village shall cause such business described in such license to be operated on the premises described in such license for at least one hundred fifty (150) days during the terms of such license, unless such license is issued for a term of less than one hundred eighty (180) days, in which event this Subsection shall not apply.
(c) License Revocation or Suspension. License revocation or suspension procedures shall be as prescribed by Chapter 125, Wis. Stats.
(d) Point Values for Alcohol Beverages Violation, Revocations and Suspensions.
(1) Purpose and Definitions.
The purpose of this Subsection is to administratively interpret those portions of this Chapter, and related Code of Ordinances provisions, regarding the establishment of an alcohol beverage demerit point system to assist in determining which license holders should be subject to suspension or revocation procedures.
(2) Point Schedule.
The scale of demerit points is listed according to the type of alcohol beverage violation. This demerit point system is used to identify habitually troublesome license holders who have repeatedly violated state statutes and Village Ordinances for the purpose of recommending suspension or revocation of their alcohol beverage licenses.
Type of Violation | Point Value |
Type of Violation | Point Value |
1. Sale of alcohol beverages without license or permit; sale of a controlled substance on licensed premises | 100 |
2. Consumption of alcohol beverages after closing hours on licensed premises by licensee, bartender or employee | 100 |
3. Possession or use of a controlled substance on licensed premises by licensee, bartender or employee | 100 |
4. Use of a controlled substance on licensed premises by a patron | 50 |
5. After hours consumption of alcohol beverages by a patron | 50 |
6. Sale of alcohol beverages to underage person | 50 |
7. Sale of alcohol beverages to intoxicated person | 50 |
8. Underage person on premises | 50 |
9. Intoxicated bartender; disorderly conduct on premises | 50 |
10. Refusal to allow police to search premises or refusal to cooperate with lawful police investigation | 50 |
11. Licensee, agent or operator not on premises at all times | 25 |
12. Persons on premises after closing hours; disorderly conduct; smoking activity violating state/local law | 25 |
13. Violations of carry-out hours | 25 |
14. Licensee permitting person to leave licensed premises with open alcohol beverage | 25 |
15. All other violations of this Chapter | 25 |
(3) Violations How Calculated.
In determining the accumulated demerit points against a licensee within a twelve (12) month period, the Village of Edgar shall use the date each violation was committed as the basis for the determination.
(4) Suspension or Revocation of License.
a. The Village Board may call before it for purposes of revocation or suspension hearing all licensees who have accumulated two hundred (200) points in a twelve (12) month period as a result of court imposed convictions.
b. If the demerit point accumulation calculated from the date of violation amounts to two hundred (200) points in a twelve (12) month period, a suspension of thirty (30) days shall be imposed. If the demerit point accumulation is two hundred fifty (250) points (calculated from the date of violation) in a twenty-four (24) month period, a suspension of sixty (60) days shall be imposed. If the demerit point accumulation in a thirty-six (36) month period is three hundred (300) points, the suspension shall be for the maximum allowed by law, which is ninety (90) days. If the license is revoked no other license shall be granted to such licensee or for such premises for a period of twelve (12) months from the date of revocation.
c. The procedure to be used for suspension or revocation shall be that found in Subsection (c) above.