Loading...
(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.
The presence of underage persons on a licensed premises as provided under Sec. 125.07(3)(a)IO, Wis. Stats., shall be subject to the following:
(a) Notice of Event. The licensee or agent of a corporate licensee shall notify the Police Department at least forty-eight (48) hours in advance of the date of any event at which underage persons will be present on the licensed premises. Each such non-alcohol event notice shall specify the date(s) on which the event is to occur and the time(s) of commencement. All notices shall be filed with the Village Administrator during normal business hours. After a non-alcohol event notice has been given, the licensee may cancel an event(s) only by giving like notice to the Village in accordance with the provisions of this Subsection. Regardless of the date given, all notices shall expire and be deemed cancelled no later than the date of expiration or revocation of the applicable retail Class "B", "Class B" or "Class C" license.
(b) Posting of Notice. During the period of any non-alcohol event a notice card prescribed by the Village shall be posted at all public entrances to the licensed premises notifying the general public that no alcohol beverages may be consumed, sold or given away on or carried into the licensed premises during the event. Such notice cards shall be made available by the Village to a requesting licensee.
(c) Non-Alcohol Status to Be Maintained. Once a non-alcohol event has commenced, no alcohol beverages may be consumed, sold or given away on or carried into the licensed premises until the next day following the closing hours of the licensed premises.
(d) Alcohol Beverages to Be Secured. During the period of any non-alcohol event all alcohol beverages shall be stored in a locked portion of the licensed premises in a secure place out of the sight and physical reach of any patron present and shall be under the direct and immediate control and supervision of the licensee or a licensed bartender in the employ of the licensee. All beer taps and automatic dispensers of alcohol beverages ("speed guns") shall be either disconnected, disabled or made inoperable.
(a) Purpose. The Village Board finds that restrictions are necessary for outdoor beer/beverage gardens and sports activities at premises holding "Class B" and Class "B" liquor and fermented malt beverages or "Class C" wine licenses in the Village of Edgar due to concerns arising from noise, density and related problems. This Section enacted pursuant to police power provides a framework for issuance of permits and regulatory controls for such outdoor sports and beer/beverage garden activities.
(b) Common Council Approval Required.
(1) Generally.
No licensee shall conduct or sponsor any outdoor sports activity or event or beer/beverage garden on property forming any part of the real property on which the licensed premises exist without the prior approval of the Village Board and issuance of a permit pursuant to this Section.
(2) Permit Required for Beer/Beverage Garden or Outdoor Sports Activity Area Outdoor Consumption.
a. No licensee shall permit the consumption of alcohol beverages on any part of the licensed premises not enclosed within the building, except under a beer/beverage garden permit or outside sports activity permit granted by the Village Board. The permits are a privilege in which no rights vest and, therefore, may be revoked by the Village Board at its pleasure at any time or shall otherwise expire on June 30 of each year.
b. No person shall consume or have in his or her possession alcohol beverages on any unenclosed part of a licensed premises which is not described in a valid beer/beverage garden permit or outdoor sports activity permit.
c. The Village Board may also issue limited duration beer/ beverage garden or outdoor sports activities permits for specified times for special events to be conducted on outdoor areas at licensed areas.
(c) Permit Application. If a licensee shall conduct or sponsor any outdoor sports activity or event or beer/beverage garden on the licensee's property, the licensee shall file an application with the Village Administrator setting forth the following information:
(1) The name, address and telephone number of the person or persons who will be responsible for the actual conduct of the activity or event;
(2) The date and duration of time for the proposed activity or event;
(3) An accurate description of that portion of the licensee's property proposed to be used;
(4) A good faith estimate of the number of users, participants and spectators for the beer/beverage garden or proposed activity or event; and
(5) The licensee's plan for maintaining the cleanliness of the licensed area.
(d) Time for Filing. The licensee shall file the application not less than fifteen (15) days before the date of the proposed activity or event. The Village Board may waive the fifteen (15) day time limit upon a licensee's showing of exigent circumstances. The application shall be accompanied by payment of a fee as prescribed in Section 1-3-1 for review of the application. The applicant may request that an annual permit be issued for the beer/beverage garden or outdoor sports activities. Annual permits shall be renewed at the same time the license is renewed.
(e) Review. The Village Board shall review the applications in light of the standards of this Section. If the nature of the property or the event requires the imposition of additional regulations, the Village Board may impose these regulations upon an express finding detailing the reasons for additional regulation. All property owners within one hundred fifty (150) feet of the proposed beer/beverage garden or outside sports facility shall be notified of the pendency of application for a permit by first class mail.
(f) Standards for Permit Issuance for Outdoor Sports Activities at Licensed Establishments. The following standards shall apply to any outdoor sports activity regulated under this Section:
(1) The outdoor sale of alcohol beverages (bar setup) in the outdoor sports activity area is not permitted unless approved by the Village Board for each special outdoor sports acitivity event. Approval of an application shall not act to permit outdoor consumption of alcohol beverages on the property beyond the area specifically authorized by permit pursuant to this Section. A licensed operator shall be responsible for policing the outdoor sports activity at all times during which it is open for operation.
(2) If the estimated number of participants and spectators shall bring the number of persons on the property above the number for which licensed premises' restroom facilities are rated adequate, the licensee shall provide a number of portable temporary restrooms sufficient to serve the estimated number of persons.
(3) The Village Board shall not grant approval to any applicant whose property on which the activity or event is proposed is adjacent to any property zoned residential or on which a residential use exists as a nonconforming use, or within fifty (50) feet of any property zoned residential or on which a residential use exists as a nonconforming use. Fencing may be required by the Village Board as a condition of permit issuance.
(4) The licensee shall provide parking adequate for the proposed activity or event, whether on-site or through agreements with property owners shown to the Village Board's satisfaction to permit the licensee's property to be used for parking for the proposed activity or event.
(5) The applicant shall show the Village Board plans adequate to provide reasonable access to participants and spectators for the event, and to limit access for all other persons.
(6) The licensee shall clean up all garbage and debris relating to the activity or event at least once per twenty-four (24) hours during the activity or event.
(7) The licensee shall not permit the noise level of the sports activity or event to exceed seventy-five (75) dB, measured at any border of the licensee's real property. Amplified music or sound is not permitted.
(8) As a condition of approval, the Village Board shall approve the type of outdoor lighting to be used.
(9) Outdoor volleyball courts, horseshoe pits, or other athletic areas licensed as premises shall cease operation after 11:00 p.m. of each day in such outdoor areas. In addition, no amplified sound shall be permitted in the outdoor premises.
(g) Standards on Issuance of Beer/Beverage Garden Permits.
(1) The outdoor sale of alcohol beverages (bar setup) in the beer/beverage garden is not permitted unless approved by the Village Board for each special event. Approval of the application shall not act to permit outdoor consumption of alcohol beverages on the property beyond the area specifically authorized by permit pursuant to this Section.
(2) No permit shall be issued for a beer/beverage garden if any part of the beer/beverage garden is within fifty (50) feet of a structure used for residential purposes, except residential uses located in the same structure as the licensed premises or located on a commercially-zoned parcel. This requirement may be increased or decreased at the discretion of the Village Board if unique site characteristics exist.
(3) No permit shall be issued for a beer/beverage garden if the beer/beverage garden area is greater than fifty percent (50%) of the gross floor area of the adjoining interior/enclosed licensed premises.
(4) Each applicant for a beer/beverage garden permit shall accurately describe the area intended for use as a beer/beverage garden and shall indicate the nature of fencing or other measures intended to provide control over the operation of the beer/beverage garden.
(5) Unless exceptional circumstances exist, as determined by the Village Board, beer/beverage gardens shall be at ground level. Unless a special waiver is granted by the Village Board, no beer/beverage garden shall be located closer than five (5) feet to a public right-of-way.
(6) No amplified sound or music is permitted outside the enclosed (building) premises, without a special event permit granted by the Village Board with hours to be set. Amplified sound or music is not permitted in the beer/beverage garden. As a condition of approval, the Village Board shall approve the type of outdoor lighting to be used.
(7) A licensed operator shall be responsible for policing the beer/beverage garden at all times during which the beer/beverage garden is in operation.
(8) Use of the beer/beverage garden is prohibited after 11:00 p.m., at which time all access shall be secured.
(h) Fencing.
(1) A Class "B" fermented malt beverage and/or intoxicating liquor or "Class C" wine license holder whose premises are expanded to front, rear and/or side yard outdoor areas such as patios, volleyball pits, outdoor sports areas, beer/beverage gardens and the like may be required to install fencing around the perimeter of the outside premises. Such fencing may consist of Village-approved wire mesh, solid vegetation, wood, plastic, or other similar material or a wall which will provide for an enclosed area on the outside of the licensed premises. Such barrier shall be a minimum of six (6) feet in height. The Village Board may modify or waive these fencing/screening requirement when a front yard use is proposed.
(2) Prior to installation of such fencing, screening or wall, a diagram of the proposed barrier shall be submitted to the Village to ensure that the proposed barrier will adequately protect neighbors, limit noise, and prevent or limit access by underage individuals, while still providing sufficient visibility to law enforcement and other authorities to ensure the premises is complying with alcohol beverage and other requirements.
(3) That in lieu of the fencing or barrier required above, the Village may authorize the use of security personnel to patrol such outdoor premises on a full time basis during such times that the outdoor premises are open for business.
(4) Access to the outdoor beer/beverage garden or sports activity area shall only be through the main entrance to the Class "B" intoxicating liquor, Class "B" fermented malt beverage, and "Class C" wine licensed premises.
(i) State Statutes Enforced Within Beer/Beverage Gardens. Every Licensee under this Section shall comply with and enforce all provisions of Chapter 125, Wis. Stats., applicable to Class "B" licensed premises, except insofar as such provisions are clearly inapplicable. Violation of the provisions of Chapter 125, Wis. Stats., shall be grounds for immediate revocation of the outdoor sports activity permit or beer/beverage garden permit by the Village Board.
(j) Authority to Suspend Outdoor Alcoholic Beverages Permit. Law enforcement officers shall have the authority to order any outdoor area regulated under this Section to be closed down at any time an Officer believes its continued operation is in violation of this Section, any other applicable Village ordinance, or provisions of Ch. 125, Wis. Stats.
(k) Violations. Failure of the licensee to comply with any of the provisions of this Section shall be grounds for suspension, nonrenewal or revocation of the licensee's alcohol beverage license or licenses and/or licensee under this Section.
(a) Authority.
(1) The Village Board of the Village of Edgar has explicit authority under Sec. 125.10(1), Wis. Stats., to adopt regulations governing the sale of alcohol beverages which are in addition to those set forth in Ch. 125, Wis. Stats.; and
(2) The Village Board has authority under its general police powers set forth in Ch. 62, Wis. Stats., to act for the good order of the municipality and for the health, safety and welfare of the public; and may carry out its powers by regulation and suppression; and
(3) The Village Board recognizes it lacks authority to regulate obscenity and does not intend by adopting this Section to regulate obscenity, since nudity in and of itself is not obscene, it declares its intent to enact an ordinance addressing the secondary effects of live, totally nude, non-obscene, erotic dancing in bars and taverns; and
(4) Bars and taverns featuring live totally nude, non-obscene, erotic dancing have in other communities tended to further the increase of criminal and other offensive activity, to disrupt the peace and order of the communities, to depreciate the value of real property, to harm the economic welfare of the communities and to negatively affect the quality of life of the communities; and such secondary effects are detrimental to the public health, safety and general welfare of citizens; and
(5) The Village Board recognizes the U.S. Supreme Court has held that nude dancing is expressive conduct within the outer perimeters of the First Amendment to the United States Constitution and therefore entitled to some limited protection under the First Amendment, and the governing body further recognizes that freedom of speech is among our most precious and highly protected rights, and wishes to act consistently with full protection of those rights; and
(6) However, the Village Board is aware, based on the experiences of other communities, that bars and taverns in which live, totally nude, non-obscene, erotic dancing occurs may and do generate secondary effects which the governing body believes are detrimental to the public health, safety and welfare of the citizens of the Village of Edgar; and
(7) Among these secondary effects are:
a. The potential increase in prostitution and other sex-related offenses, as well as other crimes and offenses;
b. The potential depreciation of property values in neighborhoods where bars and
taverns featuring nude dancing exist;
c. Health risks associated with the spread of sexually transmitted diseases; and
d. The potential for infiltration by organized crime for the purpose of unlawful conduct.
(8) The Village Board desires to minimize, prevent and control these adverse effects and thereby protect the health, safety and general welfare of the citizens of the Village of Edgar; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight; and
(9) The Village Board has determined that enactment of an ordinance prohibiting live, totally nude, non-obscene, erotic dancing in bars and taverns licensed to serve alcohol beverages promotes the goal of minimizing, preventing and controlling the negative secondary effects associated with such activity.
(b) Nude Dancing in Licensed Establishments Prohibited. It is unlawful for any person to perform or engage in, or for any licensee or manager or agent of the licensee to permit any person, employee, entertainer or patron to perform or engage in any live act, demonstration, dance or exhibition on the premises of a licensed establishment which:
(I) Shows his/her genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering; or
(2) Shows any portion of the female breast below a point immediately above the top of the areola; or
(3) Shows the covered male genitals in a discemably turgid state.
(c) Exemptions. The provisions of this Section does not apply to the following licensed establishments; theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers of entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.
(d) Definitions. For purposes of this Section, the term "licensed establishment" means any establishment licensed by the Village Board of the Village of Edgar to sell alcohol beverages pursuant to Ch. 125, Wis. Stats. The term "licensee" means the holder of a retail "Class A", "Class B", Class "B", Class "A", or "Class C" licensee granted by the Village Board of the Village of Edgar pursuant to Ch. 125, Wis. Stats.
(e) Penalties. Any person, partnership or corporation who violates any of the provisions of this Section shall be subject to a forfeiture pursuant to Section 1-1-6. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this Section constitutes sufficient grounds for suspending, revoking or non-renewing an alcohol beverage license under Sec. 125.12, Wis. Stats.
(a) Introduction; Purpose.
(1) No establishment may operate a sidewalk cafe without first having obtained approval of the Village Board, subject to the conditions of this Section. The provisions of this Section are applicable to all sidewalk cafes whether licensed or not to sell alcohol beverages.
(2) There may exist a need for outdoor eating facilities in certain areas of the Village of Edgar to provide a unique environment for relaxation, social interaction, and food consumption.
(3) Sidewalk cafes will permit enhanced use of the available public rights of way, will complement the restaurants operating from fixed premises, and will promote economic activity in an area.
(4) The existence of sidewalk cafes encourages commerce but their presence may impede the safe flow of pedestrians. Therefore, a need exists for standards for the existence and operation of sidewalk cafes to ensure a safe environment.
(5) The establishment of permit conditions and safety standards for sidewalk cafes is necessary to protect and promote public health, safety and welfare.
(b) Definitions.
(1) Sidewalk Cafe. An expansion of a full service restaurant creating an outdoor dining facility on part of the public right of way that immediately adjoins the licensed premises for the purpose of consuming food or beverages prepared at the full service restaurant adjacent thereto.
(2) Full Service Restaurant. An establishment whose food sales are greater than fifty percent (50%) of its gross receipts.
(c) Application; License Fee.
(1) An application for expansion of the premises or the licensed premises to include a sidewalk cafe shall be filed with the Village of Edgar with the following information:
a. The name, address and telephone number of the person or persons who will be responsible for the sidewalk cafe;
b. An accurate detailed description and/or design including dimensions of the property and the licensee's property, if serving alcohol.
(2) Each permit shall be effective for one (1) year, from April 1 until March 31.
(3) The permit issued may be transferred to a new owner only for the location and area listed in the permit. The transferred permit shall be valid only for the remainder of the period for which it was originally issued. A new certificate of insurance must be filed with the Village within thirty (30) days of the permit transfer.
(4) The application shall be accompanied by payment of a fee as prescribed in Section 1-3-1 for review of the application. The application shall expire on June 30th of each year.
(d) Requirements. Sidewalks cafes approved under this Section shall be subject to the following requirements. The Village Board may impose additional requirements at its discretion:
(1) The service and consumption of alcohol beverages in the sidewalk cafe shall be limited to the hours of operation of the sidewalk cafe and Village ordinances.
(2) Alcohol beverages shall only be served to patrons of the establishment by a properly licensed server in the sidewalk cafe.
(3) Patrons of the sidewalk cafe shall remain seated at the table when consuming alcohol beverages.
(4) Alcohol beverages shall only be served to patrons of the establishment with food service in the sidewalk cafe.
(5) All sidewalk cafes shall be placed within approved boundaries of the sidewalk cafe site as determined by the Village Board. The Village Board shall make said determination by considering the following minimum factors: the distance the table and chairs of said cafe can extend into the sidewalk, upon considering the width of the sidewalk; no obstruction or interference with the public pedestrian walkway or interference with automobile traffic is allowed.
(6) The entire sidewalk surface for the proposed sidewalk cafe shall be paved. A "paved surface" includes concrete, asphalt, cement, brick, pavers, or other impervious surface. Paved areas of the establishment's private property may be included within the boundary of the proposed cafe, if immediately adjacent to the paved public sidewalk. Trash receptacles shall be provided within the sidewalk cafe.
(7) An establishment is not eligible for a license if, in the opinion of the Village Board, the sidewalk cafe has obstructions on the adjacent sidewalk which interfere with the public right-of-way. The sidewalk cafe shall have at least one (1) unobstructed entrance, the position of which allows sufficient access to the public entrance for ingress and egress from and to the restaurant.
(e) Case-by-Determination. Given unique circumstances, the Village Board may on a case- by-case basis modify or add to the above requirements.
(f) Responsibility of Licensee. The license holder shall, in addition to all other requirements of the law, the Village alcohol beverage license, and this Section, take reasonable steps to ensure that alcohol beverages are consumed only by patrons of the establishment who are of legal drinking age, and not by passersby or persons who are not of age or who are obviously intoxicated. Reasonable steps may include, but not be limited to, the use of portable barriers or fences, supervision of the outside area by security and staff personnel, or electronic surveillance monitors. Failure to take reasonable steps and use them at all times in the sidewalk cafe is grounds for suspension or revocation of the sidewalk cafe permit.
(g) Responsiblity of Patrons. No person shall leave the sidewalk cafe area listed in the permit with an alcohol beverage. Any person doing so shall be in violation of the Village of Edgar outdoor consumption ordinance prohibiting the consumption of alcohol or possesson of open containers on the streets.
(h) State Statutes Enforced. Every permittee under this Section shall comply with and enforce all provisions of Ch. 125, Wis. Stats. Violation of the provisions of Ch. 125, Wis. Stats., shall be grounds for immediate revocation of the sidewalk cafe permit.
(i) Violations. Failure of the licensee to comply with any of the provisions of this Section shall be grounds for suspension, non-renewal or revocation of the sidewalk cafe permit and/or the licensee's alcohol beverage license or licenses.
Loading...