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.
I certify that I am a person over 18 years of age and that I have successfully completed a responsible beverage server training course.
Dated this ______ day of ________, 20__.
[Signature of applicant]
Note: See
s. 125.17 (4) and
(5), Wis. stats., for issuance of temporary and provisional operator's licenses.
STATE OF WISCONSIN
Town of ________
________ County
Application having been filed by ________ ________, of ______________, for an operator's license under
s. 125.17, Wis. stats., and it appearing that the applicant is a person over 18 years of age who has successfully completed a responsible beverage server training course [if the town has adopted an ordinance pursuant to
s. 125.17 (5) (a), Wis. stats., regarding licensing standards, add: and meets all the standards established by ordinance by the Town of ________] and has paid the required fee of $________;
An Operator's License is granted to ________ ________ to sell alcohol beverages in a place operated for the sale of alcohol beverages in the Town of ________, ________ County, Wisconsin.
This license expires on June 30, 20__, unless sooner revoked.
Dated this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note: See
s. 125.04 (5) and
(6), Wis. stats., for license qualifications. See
ss. 125.32 and
125.68, Wis. stats., for general license restrictions and requirements.
Note:
Section 125.17 (1), Wis. stats., allows town boards to designate by ordinance municipal officials to issue operators' licenses. The Wisconsin Towns Association has developed a sample ordinance designating municipal officials as officials authorized to issue operators' licenses. Electronic copies of the sample ordinance may be found in the Ordinances and Resolutions section of the Information Library of the Town Association website at:
Note:
Section 125.17 (5) (a) 1., Wis. stats., requires town boards that issue operators' licenses to issue provisional operators' licenses. In doing so, the town board may adopt an ordinance setting forth the standards under which these provisional licenses may be issued. The Wisconsin Towns Association has developed a sample provisional operator's license ordinance. Electronic copies of the sample ordinance may be found in the Ordinances and Resolutions section of the Information Library of the Towns Association website at:
Note:
Section 125.185, Wis. stats., requires town boards that issue retail alcohol licenses to issue provisional retail alcohol licenses. In doing so, the town board may adopt an ordinance setting forth the standards under which these provisional licenses may be issued. The Wisconsin Towns Association has developed a sample provisional retail alcohol license ordinance. Electronic copies of the sample ordinance may be found in the Ordinances and Resolutions section of the Information Library of the Towns Association website at:
STATE OF WISCONSIN
Town of ________
________ County
________ ________, of the Town of ________, ________ County, Wisconsin, having filed with the undersigned town clerk an application for a retailer's Class “A” license to sell fermented malt beverages, that has been published as required by
s. 125.04 (3), Wis. stats., and having produced a receipt showing the payment of $________ to the treasurer of the town, and the application having been granted by the town board on ________ ___, 20__;
A retailer's Class “A” license is granted to ________ ________ to sell fermented malt beverages under
s. 125.25, Wis. stats., on the following premises in the town only for consumption off the premises where sold and in the original packages, containers, and bottles: [describe them].
This license will expire on June 30, 20__, unless sooner revoked.
Dated this ______ day of ________, 20__.
[Signatures of town board]
