125.12(1)(c)
(c) Neither a municipality nor the department may consider an arrest or conviction for a violation punishable under
s. 945.03 (2m),
945.04 (2m) or
945.05 (1m) in any action to revoke, suspend or refuse to renew a Class "B" or "Class B" license or permit.
125.12(2)
(2) Revocation or suspension of licenses by local authorities. 125.12(2)(ag)(ag)
Complaint. Any resident of a municipality issuing licenses under this chapter may file a sworn written complaint with the clerk of the municipality alleging one or more of the following about a person holding a license issued under this chapter by the municipality:
125.12(2)(ag)1.
1. The person has violated this chapter or municipal regulations adopted under
s. 125.10.
125.12(2)(ag)2.
2. The person keeps or maintains a disorderly or riotous, indecent or improper house.
125.12(2)(ag)3.
3. The person has sold or given away alcohol beverages to known habitual drunkards.
125.12(2)(ag)4.
4. The person does not possess the qualifications required under this chapter to hold the license.
125.12(2)(ag)5.
5. The person has been convicted of manufacturing, distributing or delivering a controlled substance or controlled substance analog under
s. 961.41 (1); of possessing, with intent to manufacture, distribute or deliver, a controlled substance or controlled substance analog under
s. 961.41 (1m); or of possessing, with intent to manufacture, distribute or deliver, or of manufacturing, distributing or delivering a controlled substance or controlled substance analog under a substantially similar federal law or a substantially similar law of another state.
125.12(2)(ag)5m.
5m. The person has been convicted of possessing any of the materials listed in
s. 961.65 with intent to manufacture methamphetamine under that subsection or under a federal law or a law of another state that is substantially similar to
s. 961.65.
125.12(2)(ag)6.
6. The person knowingly allows another person, who is on the premises for which the license under this chapter is issued, to possess, with the intent to manufacture, distribute or deliver, or to manufacture, distribute or deliver a controlled substance or controlled substance analog.
125.12(2)(ag)6m.
6m. The person knowingly allows another person, who is on the premises for which the license under this chapter is issued, to possess any of the materials listed in
s. 961.65 with the intent to manufacture methamphetamine.
125.12(2)(ar)
(ar)
Summons. Upon the filing of the complaint, the municipal governing body or a duly authorized committee of a city council shall issue a summons, signed by the clerk and directed to any peace officer in the municipality. The summons shall command the licensee complained of to appear before the municipal governing body or the committee on a day and place named in the summons, not less than 3 days and not more than 10 days from the date of issuance, and show cause why his or her license should not be revoked or suspended. The summons and a copy of the complaint shall be served on the licensee at least 3 days before the time at which the licensee is commanded to appear. Service shall be in the manner provided under
ch. 801 for service in civil actions in circuit court.
125.12(2)(b)1.1. If the licensee does not appear as required by the summons, the allegations of the complaint shall be taken as true and if the municipal governing body or the committee finds the allegations sufficient, the license shall be revoked. The clerk shall give notice of the revocation to the person whose license is revoked.
125.12(2)(b)2.
2. If the licensee appears as required by the summons and denies the complaint, both the complainant and the licensee may produce witnesses, cross-examine witnesses and be represented by counsel. The licensee shall be provided a written transcript of the hearing at his or her expense. If the hearing is held before the municipal governing body and the complaint is found to be true, the license shall either be suspended for not less than 10 days nor more than 90 days or revoked, except that, if a complaint under
par. (ag) 4. is found to be true with respect to a license issued under
s. 125.51 (4) (v), the license shall be revoked.
125.12(2)(b)3.
3. If the hearing is held before a committee of a city council, the committee shall submit a report to the city council, including findings of fact, conclusions of law and a recommendation as to what action, if any, the city council should take with respect to the license. The committee shall provide the complainant and the licensee with a copy of the report. Either the complainant or the licensee may file an objection to the report and shall have the opportunity to present arguments supporting the objection to the city council. The city council shall determine whether the arguments shall be presented orally or in writing or both. If the city council, after considering the committee's report and any arguments presented by the complainant or the licensee, finds the complaint to be true, or if there is no objection to a report recommending suspension or revocation, the license shall be suspended or revoked as provided under
subd. 2.
125.12(2)(b)4.
4. The municipal clerk shall give notice of each suspension or revocation to the person whose license is suspended or revoked.
125.12(2)(b)5.
5. If the municipal governing body finds the complaint untrue, the proceeding shall be dismissed without cost to the accused. If the municipal governing body finds the complaint to be malicious and without probable cause, the costs shall be paid by the complainant. The municipal governing body or the committee may require the complainant to provide security for such costs before issuing the summons under
par. (ar).
125.12(2)(c)
(c)
Effect of revocation. When a license is revoked under this subsection, the revocation shall be recorded by the clerk and no other license issued under this chapter may be granted within 12 months of the date of revocation to the person whose license was revoked. No part of the fee paid for any license so revoked may be refunded.
125.12(2)(d)
(d)
Judicial review. The action of any municipal governing body in granting or failing to grant, suspending or revoking any license, or the failure of any municipal governing body to revoke or suspend any license for good cause, may be reviewed by the circuit court for the county in which the application for the license was issued, upon application by any applicant, licensee or resident of the municipality. The procedure on review shall be the same as in civil actions instituted in the circuit court. The person desiring review shall file pleadings, which shall be served on the municipal governing body in the manner provided in
ch. 801 for service in civil actions and a copy of the pleadings shall be served on the applicant or licensee. The municipal governing body, applicant or licensee shall have 20 days to file an answer to the complaint. Following filing of the answer, the matter shall be deemed at issue and hearing may be had within 5 days, upon due notice served upon the opposing party. The hearing shall be before the court without a jury. Subpoenas for witnesses may be issued and their attendance compelled. The decision of the court shall be filed within 10 days after the hearing and a copy of the decision shall be transmitted to each of the parties. The decision shall be binding unless it is appealed to the court of appeals.
125.12(3)
(3) Refusals by local authorities to renew licenses. A municipality issuing licenses under this chapter may refuse to renew a license for the causes provided in
sub. (2) (ag). Prior to the time for the renewal of the license, the municipal governing body or a duly authorized committee of a city council shall notify the licensee in writing of the municipality's intention not to renew the license and provide the licensee with an opportunity for a hearing. The notice shall state the reasons for the intended action. The hearing shall be conducted as provided in
sub. (2) (b) and judicial review shall be as provided in
sub. (2) (d). If the hearing is held before a committee of a city council, the committee shall make a report and recommendation as provided under
sub. (2) (b) 3. and the city council shall follow the procedure specified under that subdivision in making its determination.
125.12(3m)
(3m) Refusals by local authorities to issue licenses. If a municipal governing body or duly authorized committee of a city council decides not to issue a new license under this chapter, it shall notify the applicant for the new license of the decision not to issue the license. The notice shall be in writing and state the reasons for the decision.
125.12(4)
(4) Suspension or revocation of licenses on complaint of the department. 125.12(4)(ag)(ag)
Complaint. A duly authorized employee of the department may file a complaint with the clerk of circuit court for the jurisdiction in which the premises of a person holding a license issued under this chapter is situated, alleging one or more of the following about a licensee:
125.12(4)(ag)2.
2. That the licensee keeps or maintains a disorderly or riotous, indecent or improper house.
125.12(4)(ag)3.
3. That the licensee has sold alcohol beverages to known habitual drunkards.
125.12(4)(ag)4.
4. That the licensee has failed to maintain the premises in accordance with the standards of sanitation prescribed by the department of health and family services.
125.12(4)(ag)5.
5. That the licensee has permitted known criminals or prostitutes to loiter on the licensed premises.
125.12(4)(ag)6.
6. That the licensee does not possess the qualifications required under this chapter to hold the license.
125.12(4)(ag)7.
7. That the licensee has been convicted of manufacturing, distributing or delivering a controlled substance or controlled substance analog under
s. 961.41 (1); of possessing, with intent to manufacture, distribute or deliver, a controlled substance or controlled substance analog under
s. 961.41 (1m); or of possessing, with intent to manufacture, distribute or deliver, or of manufacturing, distributing or delivering a controlled substance or controlled substance analog under a substantially similar federal law or a substantially similar law of another state.
125.12(4)(ag)7m.
7m. That the licensee has been convicted of possessing any of the materials listed in
s. 961.65 with intent to manufacture methamphetamine under that section or under a federal law or a law of another state that is substantially similar to
s. 961.65.
125.12(4)(ag)8.
8. That the licensee knowingly allows another person, who is on the premises for which the license under this chapter is issued, to possess, with the intent to manufacture, distribute or deliver, or to manufacture, distribute or deliver a controlled substance or controlled substance analog.
125.12(4)(ag)8m.
8m. That the licensee knowingly allows another person, who is on the premises for which the license under this chapter is issued, to possess any of the materials listed in
s. 961.65 with the intent to manufacture methamphetamine.
125.12(4)(ar)
(ar)
Summons. Upon the filing of the complaint, the clerk of the court shall issue a summons commanding the licensee to appear before the court not less than 20 days from its date of issuance and show cause why his or her license should not be revoked or suspended. The summons and a copy of the complaint shall be served at least 20 days before the date on which the person is commanded to appear. Service shall be in the manner provided in
ch. 801 for civil actions in circuit court.
125.12(4)(b)
(b)
Procedure on hearing. If the licensee does not appear as required by the summons, the allegations of the complaint shall be taken as true and if the court finds the allegations sufficient, it shall order the license either suspended for not more than 90 days or revoked, except that, for allegations under
par. (ag) 6. with respect to a license issued under
s. 125.51 (4) (v), it shall order the license revoked. The clerk of the court shall give notice of the suspension or revocation to the person whose license is suspended or revoked. If the licensee appears and answers the complaint, the court shall fix a date for the hearing not more than 30 days after the return date of the summons. The hearing shall be had before the court without a jury. If upon the hearing the court finds the allegations of the complaint to be true, it shall order the license either suspended for not more than 90 days or revoked, except that, if upon the hearing the court finds allegations under
par. (ag) 6. to be true with respect to a license issued under
s. 125.51 (4) (v), the court shall order that license revoked. If the court finds the allegations of the complaint to be untrue, the complaint shall be dismissed.
125.12(4)(c)
(c)
Effect of revocation or suspension. When a license is revoked or suspended under this subsection, the clerk of court shall notify the authority which issued the license. If the license is revoked, no other license may be issued under this chapter to the person whose license was revoked or to any person related to him or her as owner, lessor, bailor or lender, within the 12 months after the date of revocation and no other license may be granted for the premises covered by the revoked license within 60 days of the date of revocation. The findings and order of the court shall be filed within 10 days after the hearing and the order shall be final unless appeal is taken to the court of appeals. If an appeal is taken from a revocation, any period during which the order is stayed shall be added to the 12 months and 60 days, respectively. No part of the fee paid for any license which is revoked may be refunded. Whenever any court has revoked or suspended any license under this subsection, no further proceedings shall be commenced under this subsection except upon grounds arising after the original revocation or suspension.
125.12(5)
(5) Revocations or suspensions of, or refusals to renew, permits by the department. The department may, after notice and an opportunity for hearing, revoke, suspend or refuse to renew any retail permit issued by it for the causes provided in
sub. (4) and any other permit issued by it under this chapter for any violation of this chapter or
ch. 139, except that, for a violation of
sub. (4) (ag) 6. with respect to a license issued under
s. 125.51 (4) (v), the department shall revoke the license. A revocation, suspension or refusal to renew is a contested case under
ch. 227.
125.12(6)
(6) Revocation or suspension of intoxicating liquor wholesalers' permits for certain violations. 125.12(6)(a)(a) Any person may file a sworn written complaint with the department alleging that an intoxicating liquor wholesaler has violated
s. 125.54 (7) (a). The complaint shall identify the specific legal basis for the complaint and sufficient facts for the department to determine whether there is cause to find that a violation has occurred. The department shall provide a copy of the complaint to any wholesaler against whom allegations are made, along with notice of the time period under
par. (b) to show cause why the wholesaler's permit should not be revoked or suspended or to request a hearing.
125.12(6)(b)
(b) Within 30 days of receiving a copy of the complaint under
par. (a), any wholesaler against whom allegations are made may file a sworn written response or a written request for an evidentiary hearing before the department under
s. 227.44.
125.12(6)(c)
(c) Subject to
pars. (d) 1. and
(dm), if no request for an evidentiary hearing is made under
par. (b), within 60 days of receiving any response under
par. (b) or, if no response is made, within 60 days of the date on which a response or request for hearing is due under
par. (b), the department shall make a written decision as to whether a violation has occurred and either dismiss the complaint or take action under
par. (e). Any decision under this paragraph shall include findings of fact and conclusions of law and shall state all reasons for the decision. The department shall provide a copy of the decision to the complainant and to any wholesaler against whom allegations are made.
125.12(6)(cm)
(cm) Subject to
pars. (d) 2. and
(dm), if a request for an evidentiary hearing is made under
par. (b), the hearing shall be conducted in the manner specified for a contested case under
ss. 227.44 to
227.50, except that the hearing shall be conducted within 45 days of receiving the request for hearing under
par. (b) and the department shall make its written decision, including whether a violation has occurred and whether the complaint is dismissed or action is taken under
par. (e), within 15 days after the hearing. In addition to service of the decision as provided under
s. 227.48, the department shall provide a copy of the decision to the complainant.
125.12(6)(d)1.1. If no request for an evidentiary hearing is made under
par. (b), within 60 days of receiving any response under
par. (b) or, if no response is made, within 60 days of the date on which a response or request for hearing is due under
par. (b), the department may extend the time period for making a decision under
par. (c) by an additional 60 days if the department provides notice within the time period specified in
par. (c) that an additional 60 days is necessary for investigation.
125.12(6)(d)2.
2. If a request for an evidentiary hearing is made under
par. (b), within 45 days of receiving the request for hearing under
par. (b), the department may extend the time period for conducting the hearing by an additional 45 days if the department provides notice within 45 days of receiving the request for hearing under
par. (b) that an additional 45 days is necessary for investigation.
125.12(6)(dm)
(dm) Within 45 days of receiving any response or request for hearing under
par. (b) or, if no response or request for hearing is made, within 45 days of the date on which a response or request for hearing is due under
par. (b), the department may elect to file a complaint in circuit court under
sub. (4) that includes all allegations of the complaint under
par. (a) for which the department determines there is cause to find that a violation of
s. 125.54 (7) (a) has occurred. If the department files a complaint in circuit court as provided under this paragraph, the department shall not conduct a hearing under
par. (cm) or make a written decision under
par. (c), but shall proceed with the matter as provided under
sub. (4).
125.12(6)(e)
(e) If the department finds the allegations under
par. (a) true and sufficient, the department shall either suspend for not less than 10 days nor more than 90 days or revoke the wholesaler's permit, and give notice of the suspension or revocation to the wholesaler.
125.12(6)(f)
(f) A revocation or suspension proceeding under this subsection is a contested case under
ch. 227, except that
ss. 227.44 to
227.50 apply to a proceeding under this subsection only if a request for an evidentiary hearing is made under
par. (b).
125.12 Annotation
Due process and equal protection rights of licensees are discussed. Tavern League of Wisconsin v. City of Madison,
131 Wis. 2d 477,
389 N.W.2d 54 (Ct. App. 1986).
125.12 Annotation
A license never should have been issued when a notice of application had not been published as required under s. 125.04 (3) (g), and a license issued without publication is void under s. 125.04 (2). Selling liquor under a void license constitutes a violation of s. 125.66 (1). Under s. 125.12, a renewal licensee, if refused, is guaranteed a right to be heard by the municipality, and the municipality must show cause for refusal, but a new licensee, if refused, has no such guarantee. When an original license is void, the applicant is a new licensee. Williams v. City of Lake Geneva, 2002 WI App 95,
253 Wis. 2d 618,
643 N.W.2d 864,
01-1733.
125.13
125.13
Report of suspension, revocation or imposition of penalty. Whenever a municipal governing body or court revokes or suspends a license or permit or imposes a penalty on a licensee or permittee for the violation of this chapter, the clerk of the municipality or court revoking or suspending the license or imposing the penalty shall, within 10 days after the revocation, suspension or imposition of penalty, mail a report to the department at Madison, Wisconsin, giving the name of the licensee, the address of the licensed premises and a full description of the penalty imposed.
125.13 History
History: 1981 c. 79.
125.14
125.14
Enforcement provisions. 125.14(1)
(1)
Arrest. Subject to
s. 175.38, any peace officer may arrest without warrant any person committing in his or her presence a violation of this chapter or
ch. 139 and may, without a search warrant, seize any personal property used in connection with the violation.
125.14(2)(a)(a)
Contraband. All alcohol beverages owned, possessed, kept, stored, manufactured, sold, distributed or transported in violation of this chapter or
ch. 139 and all personal property used in connection therewith is unlawful property and may be seized by any peace officer. Any peace officer confiscating personal property under this section may proceed under this section.
125.14(2)(c)
(c)
Identification. Any person seizing alcohol beverages or personal property and electing to dispose of it under this subsection shall exercise reasonable diligence to ascertain the name and address of the owner of the alcohol beverages or property and of all persons holding a security interest in the property seized. The person shall report his or her findings in writing to the department.
125.14(2)(d)
(d)
Order. Upon conviction of any person for owning, possessing, keeping, storing, manufacturing, selling, distributing or transporting alcohol beverages in violation of this chapter or
ch. 139, the court shall order part or all of the alcohol beverages or personal property seized to be destroyed if it is unfit for sale. Alcohol beverages and other personal property fit for sale shall be turned over to the department for disposition. Upon receipt of the confiscated property, the department shall exercise reasonable diligence to ascertain the names and addresses of all owners of the property and of all persons holding a security interest in the property. If a motor vehicle is confiscated, the department shall obtain the written advice of the department of transportation as to the ownership of the motor vehicle and shall make a reasonable search for perfected security interests in the vehicle.
125.14(2)(e)
(e)
Disposal. The department shall dispose of the alcohol beverages turned over to it by the court by either giving it to law enforcement agencies free of charge for use in criminal investigations, selling it to the highest bidder if the bidder is a person holding a license or permit issued under this chapter, or destroying it, at the discretion of the department. If the department elects to sell the alcohol beverages, it shall publish a class 2 notice under
ch. 985 asking for sealed bids from qualified bidders. Any items or groups of items in the inventory subject to a security interest, the existence of which was established in the proceedings for conviction as being bona fide and as having been created without the secured party having notice that the items were being used or were to be used in connection with the violation, shall be sold separately. The net proceeds from the sale, less all costs of seizure, storage, and sale, shall be turned over to the secretary of administration and credited to the common school fund.
125.14(2)(f)
(f)
Sale. Any personal property, other than alcohol beverages, seized under
par. (a) and fit for sale, shall be turned over by the department to the department of administration for disposal at public auction to the highest bidder, at a time and place stated in a notice of sale which describes the property to be sold. The sale shall be held in a conveniently accessible place in the county where the property was confiscated. A copy of the notice shall be published as a class 2 notice under
ch. 985. The last insertion shall be at least 10 days before the sale. The department of revenue shall serve a copy of the notice of sale at least 2 weeks before the date thereof on all persons who are or may be owners or holders of security interests in the property. Any confiscated property worth more than $100 shall be sold separately, and the balance of the confiscated property shall be sold in bulk or separately at the discretion of the department of administration. The net proceeds from the sale, less all costs of seizure, storage, and sale, shall be turned over to the secretary of administration. No motor vehicle or motorboat confiscated under this section may be sold within 30 days after the date of seizure.
125.14(3)
(3) Recovery of confiscated property. 125.14(3)(a)(a)
Application. Prior to sale under
sub. (2) (f), the owner of confiscated property may apply to a court of record in the county where the property was seized for an order restoring the property to the owner. After the sale, the owner may apply to the court for a refund of the amount realized on the sale. After the sale, any holder of a security interest in the property may apply to the court for a refund of the sum realized on the sale of property subject to the security interest, but not more than the amount due under the security agreement.
125.14(3)(b)
(b)
Deadline. The application shall be made within one year after the sale of the property. A copy of the application and the order setting a hearing on it shall be served on the department at least 20 days before the date set for hearing.
125.14(3)(c)
(c)
Grounds. Relief shall be granted only after a showing by the applicant that he or she is the true owner or holder of a bona fide security interest in the property seized; that the violation which led to the confiscation was not with his or her knowledge, consent or connivance; and, that he or she had no reasonable grounds to believe or suspect that the property would be used in a violation.
125.14(3)(d)
(d)
Costs. The court may determine whether the applicant shall pay the costs of seizure and sale as a condition of obtaining relief. Allowance of costs and disbursements shall be within the discretion of the court.
125.14(5)
(5) Nuisances. Any building or place where alcohol beverages or alcohol is sold, possessed, stored, brewed, bottled, manufactured or rectified without a valid permit or license issued under this chapter or
ch. 139, or where persons are permitted to drink alcohol beverages in violation of this chapter is a public nuisance and may be closed until the activity in violation of this chapter is abated. When the activity is abated, the building or place may be used for any lawful purpose.
125.14(6)(a)(a) Form of complaint. In a prosecution for a violation of a statute relating to the sale of alcohol beverages it is not necessary to allege in the complaint, information or indictment the kind or quantity of alcohol beverages sold or the person to whom it was sold. It is sufficient to allege generally that the defendant sold alcohol beverages at a time and place mentioned, together with a brief statement of the facts showing that the sale was a violation of this chapter.
125.14(6)(b)
(b)
Discovery. In a prosecution for a violation of this chapter that may result in the imposition of a forfeiture, neither party is entitled to pretrial discovery, except that, if the defendant moves within 30 days after the initial appearance in person or by an attorney and shows cause therefor, the court may order that the defendant be allowed to inspect documents, including lists of names and addresses of witnesses, if available, and to test under
s. 804.09, under such conditions as the court prescribes, any devices used by the plaintiff to determine whether a violation has been committed.
125.145
125.145
Prosecutions by attorney general or department. Upon request by the secretary of revenue, the attorney general may represent this state or assist a district attorney in prosecuting any case arising under this chapter. The department may represent this state in prosecuting any violation of
s. 125.54 (7) (a) or
(b) and shall bring any such action in the circuit court for Dane County.
125.145 History
History: 1985 a. 302;
2005 a. 25.
125.15
125.15
Actions against intoxicating liquor wholesalers. 125.15(1)(1) An intoxicating liquor wholesaler, intoxicating liquor retail licensee or permittee, or intoxicating liquor trade association that makes a written complaint to the department under
s. 125.12 (6) of a violation of
s. 125.54 (7) (a) may bring an action to enforce the provisions of
s. 125.54 (7) if any of the following apply:
125.15(1)(b)
(b) The department has rendered a decision under
s. 125.12 (6) in which the department has determined that a violation has occurred but no action has been brought in circuit court by the department, attorney general, or a district attorney to prosecute the violation.
125.15(2)
(2) An intoxicating liquor wholesaler, intoxicating liquor retail licensee or permittee, or intoxicating liquor trade association that brings an action under
sub. (1) shall be entitled to recover reasonable attorney fees if found to be the prevailing party.
125.15 History
History: 2005 a. 25.
125.16
125.16
Actions to recover price denied. No action may be brought to recover the price of any alcohol beverages sold in violation of this chapter or
ch. 139.
125.16 History
History: 1981 c. 79.
125.17
125.17
Issuance of operators' licenses. 125.17(1)
(1)
Authorization. Every municipal governing body shall issue an operator's license to any applicant who is qualified under
s. 125.04 (5). Operators' licenses may not be required other than for the purpose of complying with
ss. 125.32 (2) and
125.68 (2). Operators' licenses may be issued only upon written application.
125.17(2)
(2) Validity. Operators' licenses are valid only within the issuing municipality.
125.17(3)
(3) Fee. The municipal governing body shall establish by ordinance a fee for the operator's license. Except as provided under
sub. (4), a license shall be valid for one or 2 years, as determined by the municipal governing body, and shall expire on June 30, except in 1st class cities the license shall expire on December 31.
125.17(4)
(4) Temporary license. Any municipal governing body may issue a temporary operator's license under the terms of
subs. (1) to
(3), except that:
125.17(4)(a)
(a) This license may be issued only to operators employed by, or donating their services to, nonprofit corporations.
