The provisions of Ch. 125 and §§ 938.344
and 778.25, Wis. Stats., relating to the sale of intoxicating liquor
and fermented malt beverages, except provisions therein relating to
penalties to be imposed, are hereby adopted by reference and made
a part of this chapter as if fully set forth herein. Any act required
to be performed or prohibited by any statute incorporated herein by
reference is required or prohibited by this chapter. Any future amendments,
revisions or modifications of the statutes incorporated herein are
intended to be made a part of this chapter.
As used in this chapter, the terms "alcoholic
beverages," "intoxicating liquor," "sell," "sold," "restaurant," "club,"
"retailer," "person," "fermented malt beverages," "wholesalers" and
"operators" shall have the meaning given them in Ch. 125, Wis. Stats.
No person, firm or corporation shall vend, sell,
deal or traffic in or have in his possession with intent to vend,
sell, deal or traffic in or, for the purpose of evading any law or
ordinance, give away any intoxicating liquor or fermented malt beverage
in any quantity whatever, or cause the same to be done, without having
procured a license as provided in this chapter nor without complying
with all the provisions of this chapter and all statutes and regulations
applicable thereto except as provided by §§ 125.26,
125.27, 125.28 and 125.51, Wis. Stats.
[Amended 4-3-2023]
A.
Retail "Class A" intoxicating liquor license. A retail "Class A"
intoxicating liquor license, when issued by the Village Clerk/Treasurer
under the authority of the Village Board, shall permit its holder
to sell, deal and traffic in intoxicating liquors only in original
packages or containers and to be consumed off the premises so licensed.
B.
Retail "Class B" intoxicating liquor license. A retail "Class B"
intoxicating liquor license, when issued by the Village Clerk/Treasurer
under the authority of the Village Board, shall permit its holder
to sell, deal and traffic in intoxicating liquors to be consumed by
the glass only on the premises so licensed and, in the original package
or container in multiples not to exceed four liters at any one time,
to be consumed off the premises, except that wine may be sold in the
original package or otherwise in any other quantity to be consumed
off the premises.
C.
Class "A" fermented malt beverage retailer's license. A Class
"A" retailer's fermented malt beverage license, when issued by
the Village Clerk/Treasurer under the authority of the Village Board,
shall entitle the holder thereof to possess, sell or offer for sale
fermented malt beverages only for consumption away from the premises
where sold and in the original packages, containers or bottles.
D.
Class "B" fermented malt beverage retailer's license. A Class
"B" fermented malt beverage retailer's license, when issued by
the Village Clerk/Treasurer under the authority of the Village Board,
shall entitle the holder thereof to possess, sell or offer for sale
fermented malt beverages, either to be consumed upon the premises
where sold or away from such premises. The holder may also sell beverages
containing less than 1/2 of 1% of alcohol by volume without obtaining
a special license to sell such beverages.
E.
Special temporary Class "B" fermented malt beverage and "Class B"
wine picnic licenses.
(1)
A special temporary Class "B" fermented malt beverage picnic license
and "Class B" wine picnic license, when issued by the Village Clerk/Treasurer,
who has been given the authority to issue Class B picnic licenses
by the Village Board, as provided for in §§ 125.26(6)
and 125.51(10)(b)4, Wis. Stats., shall entitle the holder thereof
to possess, sell or offer for sale fermented malt beverages and/or
wine at a particular picnic, post meeting, fair or similar gathering.
Such license may be issued only to bona fide clubs, state, county
or local fairs, associations or agricultural societies, lodges or
societies that have been in existence for not less than six months
prior to the date of application for such license or to posts of ex-servicemen's
organizations now or hereafter established. Such license is valid
for dates as approved by the Clerk/Treasurer. There is no limit to
the number of fermented malt beverage picnic licenses per organization;
however, there is a limit of only two wine picnic licenses allowed
per organization in any twelve-month period.
(2)
Application. Application for such license shall be signed by the
president or corresponding officer of the society making such application
and shall be filed with the Village Clerk/Treasurer together with
the appropriate license fee for each day for which the license is
sought. The license shall specify the hours and dates of license validity.
Such license shall be valid for no more than five consecutive days.
If the application is for a license to be used in a Village park,
the applicant shall specify the main point-of-sale facility. The Village
Clerk/Treasurer shall have the authority to approve the license if
no disqualifying information is contained on the application or discovered
during the investigation of the applicant. If such disqualifying information
exists, then the application shall be reviewed by the Village Board
for a determination on approval or denial of the application.
F.
Wholesaler's license. A wholesaler's fermented malt beverage
license, when issued by the Village Clerk/Treasurer under authority
of the Village Board, shall entitle the holder thereof to possess,
sell or offer for sale fermented malt beverages only in original packages
or containers to dealers, not to be consumed in or about the premises
of said wholesaler.
License fees shall be as set by the Village
Board.
A.
Contents. Application for a license to sell or deal
in intoxicating liquor or fermented malt beverages shall be made in
writing on the form prescribed by the Wisconsin Department of Revenue
and shall be sworn to by the applicant as provided by §§ 887.01
to 887.03, Wis. Stats., and shall be filed with the Village Clerk/Treasurer
not less than 15 days prior to the granting of such license. The premises
shall be physically described to include every room and storage space
to be covered by the license, including all rooms not separated by
a solid wall or joined by connecting entrances.
B.
Corporations. Such application shall be filed and
sworn to by the applicant if an individual, by the president and secretary
if a corporation.
C.
Publication. The application shall be published at
least three times in the official Village newspaper, and the costs
of publication shall be paid by the applicant.
D.
Amending application. Whenever anything occurs to
change any fact set out in the application of any licensee, such licensee
shall file with the issuing authority a notice in writing of such
change within 10 days after the occurrence thereof.
A.
Residency requirements. A retail Class A or retail
Class B fermented malt beverage or intoxicating liquor license shall
be granted only to persons who are citizens of the United States and
of Wisconsin.
B.
Applicant to have malt beverage license. No retail
"Class B" intoxicating liquor license shall be issued to any person
who does not have or to whom is not issued a Class "B" retailer's
license to sell fermented malt beverages.
C.
Right to premises. No applicant will be considered
unless he has the right to possession of the premises described in
the application for the license period by lease or by deed.
E.
Corporate restrictions.
(1)
No license shall be granted to any corporation which
does not comply with the provisions of § 125.04(6), Wis.
Stats., which does not have an agent eligible for a license under
this chapter or under state law, or which has more than 50% of the
stock interest, legal or beneficial, in such corporation held by any
person or persons not eligible for a license under this chapter or
under the state law.
(2)
Each corporate applicant shall file with its application
for such license a statement by its officers showing the names and
addresses of the persons who are stockholders together with the amount
of stock held by such person or persons. It shall be the duty of each
corporate applicant and licensee to file with the Village Clerk/Treasurer
a statement of transfers of stock within 48 hours after such transfer
to stock.
(3)
Any license issued to a corporation may be revoked
in the manner and under the procedure established in § 125.12,
Wis. Stats., when more than 50% of the stock interest, legal or beneficial,
in such corporation is held by any person or persons not eligible
for a license under this chapter or under the state law.
F.
Separate licenses. A separate license shall be required
for each business premises where intoxicating liquor or fermented
malt beverages are kept, sold or offered for sale.
G.
License quotas. License quotas for the Village shall
be as provided in Ch. 125, Wis. Stats.
The Village Clerk/Treasurer or law enforcement
officer shall inspect or cause to be inspected each application and
the premises, together with such other investigation as shall be necessary
to determine whether the applicant and the premises sought to be licensed
comply with the regulations, ordinances and laws applicable thereto,
including those governing sanitation in restaurants, and whether the
applicant is a proper recipient of a license. The Village Clerk/Treasurer
or law enforcement officer shall furnish to the Village Board, in
writing, the information derived from such investigation, accompanied
by a recommendation as to whether a license should be granted or refused.
No license shall be renewed without a reinspection of the premises
and report as originally required.
A.
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
proposed, and generally the applicant's fitness for the trust to be
reposed.
B.
No license shall be granted for operation on any premises
or with any equipment for which taxes or assessments or other financial
claims of the Village are delinquent and unpaid.
C.
No license shall be issued unless the premises conform
to the sanitary, safety and health requirements of the State Building
Code and the regulations of the Department of Health and Family Services
applicable to restaurants. The premises must be properly lighted and
ventilated, must be equipped with separate sanitary toilet and lavatory
facilities equipped with running water for each sex, and must conform
to all ordinances of the Village.[1]
Opportunity shall be given by the governing
body to any person to be heard for or against the granting of any
license. Upon the approval of the applicant by the Village Board,
the Village Clerk/Treasurer shall issue to the applicant a license,
upon payment by the applicant of the license fee to the Village. The
full license fee shall be charged for the whole or fraction of any
year, except where the fee is required to be prorated by Ch. 125,
Wis. Stats.
A.
In accordance with the provisions of § 125.04(12),
Wis. Stats., a license shall be transferable from one premises to
another if such transfer is first approved by the Village Board. An
application for transfer shall be made on a form furnished by the
Village Clerk/Treasurer. Proceedings for such transfer shall be had
in the same form and manner as the original application. The fee for
such transfer is as set by the Village Board. Whenever a license is
transferred the Village Clerk/Treasurer shall forthwith notify the
Wisconsin Department of Revenue of such transfer.[1]
B.
Whenever the agent of a corporate holder of a license,
for any reason, is replaced, the licensee shall give the Village Clerk/Treasurer
written notice of said replacement, the reasons therefor and the new
appointment. Until the next regular meeting or special meeting of
the Village Board, the successor agent shall have the authority to
perform the functions and be charged with the duties of the original
agent. However, said license shall cease to be in effect upon receipt
by the Village Clerk/Treasurer of notice of disapproval of the successor
agent by the Wisconsin Department of Revenue or other law enforcement
officer of the municipality in which the license was issued. The corporation's
license shall not be in force after receipt of such notice or after
a regular or special meeting or the Village Board until the successor
agent or another qualified agent is appointed and approved by the
Village and the Wisconsin Department of Revenue.
C.
Whenever any licensee under this chapter shall not
conduct his licensed business at the authorized location for a period
of six consecutive months, the license issued to him shall lapse and
become void, unless such six-month period shall be extended by the
Village Board.
All licenses shall be numbered in the order
in which they are issued and shall state clearly the specific premises
for which granted, the date of issuance, the fee paid, and the name
of the licensee. The Village Clerk/Treasurer shall affix to the license
his affidavit.
A.
Every person licensed in accordance with the provisions
of this chapter shall immediately post such license and keep the same
posted while in force in a conspicuous place in the room or place
where said beverages are drawn or removed for service or sale.
B.
It shall be unlawful for any person to post such license
or to be permitted to post it upon premises other than those mentioned
in the application or knowingly to deface or destroy such license.
[Amended 5-3-2010 by Ord. No. 10-02]
All retail "Class A," Class "A," "Class B" and
Class "B" licenses granted hereunder shall be granted subject to the
following conditions and all other conditions of this article and
subject to all other ordinances and regulations of the Village applicable
thereto.
A.
Consent to entry. Every applicant procuring a license
thereby consents to the entry of law enforcement officers or other
duly authorized representatives of the Village at all reasonable hours
for the purpose of inspection and search, and consents to the removal
from said premises of all things and articles there had in violation
of Village ordinances or state laws, and consents to the introduction
of such things and articles in evidence in any prosecution that may
be brought for such offenses.
B.
Employment of minors. The employment of minors shall
be governed by § 125.07(3), Wis. Stats., regarding the presence
of a minor in places of sale.
C.
Disorderly conduct prohibited. Each licensed premises
shall at all times be conducted in an orderly manner, and no disorderly,
riotous or indecent conduct shall be allowed at any time on any licensed
premises.
D.
Licensed operator on premises. There shall be upon
premises operated under a "Class B" or Class "B" license, at all times,
the licensee or some person who shall have an operator's license and
who shall be responsible for the acts of all persons serving as waiters
or in any other manner serving any fermented malt beverages to customers.
No person other than the licensee shall serve fermented malt beverages
in any place operated under a "Class B" or Class "B" license unless
he possesses an operator's license or unless he shall be under the
immediate supervision of the licensee or a person holding an operator's
license who is at the time of such service upon said premises.
E.
Health and sanitation regulations. The rules and regulations
of the Department of Health and Family Services governing sanitation
in restaurants shall apply to all Class "B" liquor licenses issued
under this chapter. No Class "B" license shall be issued unless the
premises to be licensed conforms to such rules and regulations.
F.
Restrictions near schools and churches. 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 such premises. This subsection
shall not apply to premises licensed as such on June 30, 1947, nor
shall it apply to any premises licensed as such prior to the occupation
of real property within 300 feet thereof by any school building, hospital
building or church building. [Annotation: See Colonnade Catering Corp.
v. United States, 397 U.S. 72, 90 S. Ct. 774 (1970) and State v. Erickson,
101 Wis. 2d 224 (1981), for guidelines for warrantless searches of
licensed premises.]
[Amended 4-16-2002; 5-3-2010 by Ord. No. 10-02]
A.
Class B licenses. No premises for which a Class B
license for the sale of liquor or fermented malt beverages has been
issued shall be permitted to remain open for the sale of liquor or
fermented malt beverages between 2:00 a.m. and 6:00 a.m. Monday through
Friday and between 2:30 a.m. and 6:00 a.m. Saturday and Sunday.
[Amended 3-5-2012]
B.
Class A premises. No premises holding a Class "A"
fermented malt beverages license nor the holder of a license permitting
such premises or holder to sell, deal and traffic in fermented malt
beverages nor any person on such premises, whether or not such person
holds an operator's license pursuant to § 125.17, Wis. Stats.,
as amended, shall sell, vend, barter, exchange, offer for sale, give
away or otherwise furnish to any person any fermented malt beverages
in original packages, intending to mean aluminum/tin cans, bottles,
barrels or any containers in which the beverages have been delivered
to the premises, to be removed from the premises between the hours
of 12:00 a.m. and 6:00 a.m. For "Class A" intoxicating liquor licenses,
the restricted hours are 9:00 p.m. to 8:00 a.m.
[Amended 3-5-2012]
C.
Carry-out sales. No person shall remove from any premises
licensed under this chapter any fermented malt beverage or intoxicating
liquor in original packages, intending to mean aluminum/tin cans,
bottles, barrels or any containers in which the beverages are delivered
to the premises, between the hours of 12:00 midnight and 6:00 a.m.
for Class B licensees; between 12:00 midnight and 6:00 a.m. for Class
"A" beer licensees; and between 9:00 p.m. and 8:00 a.m. for "Class
A" liquor licensees.
[Amended 3-5-2012]
D.
On January
1, Class "B" beer and "Class B" liquor licensed establishments are
not required to close, but the prohibition on sales for off-premises
consumption between 12:00 midnight and 6:00 a.m. remains in effect.
E.
Modifications. Closing hours may be modified for specific
events by majority vote of the Village Board.
A.
General conditions of license. Groups that have been
granted a special Class "B" fermented malt beverage license shall
comply with the following conditions of license:
(1)
Licensed operators. There shall be at least one person properly licensed as an operator under the provisions of § 269-19 of this chapter on the premises at all times to supervise the service of beverages.
(2)
Compliance with laws. Holders of special Class "B"
fermented malt beverage licenses shall fully comply with all provisions
of this chapter and the state statutes.
(3)
Suitable facilities. For indoor events, the structure
used must have suitable exits and open spaces to accommodate anticipated
attendance. It should contain adequate sanitary facilities to accommodate
anticipated attendance. It should contain adequate sanitary facilities
to accommodate the size of the group.
(4)
Posting of license. The special Class "B" fermented
malt beverage license shall be posted in a conspicuous place and shall
specify the date(s) and hours for which said license is issued.
(5)
Insurance. The applicant for a special Class "B" fermented
malt beverage license may be required to indemnify, defend and hold
the Village and its employees and agents harmless against all claims,
death of any person or any damage to property caused by or resulting
from the activities for which the permit is granted. As evidence of
the applicant's ability to perform the conditions of the permit, the
applicant may be required to furnish a certificate of comprehensive
general liability insurance with the Village. The applicant may be
required to furnish a performance bond prior to being granted the
permit.
B.
Regulation concerning the sale or drinking of fermented
malt beverages in parks.
(1)
All organizations issued a license under § 269-4E of this chapter shall post in a conspicuous location at the main point-of-sale facility and at all remote sales facilities, a sufficient number of signs disclosing that no fermented malt beverage shall be served to any underage person or without proper age identification.
(2)
The sale of fermented malt beverages from remote sites
other than the main point-of-sale facility shall be prohibited.
(3)
No underage persons shall be allowed to assist in
the sale of fermented malt beverages at any point of sale, nor shall
they be allowed to loiter or linger in the area of any remote sale
facility.
(4)
A licensed operator shall be stationed at all points
of sale at all times.
(5)
No more than 12 operator's licenses shall be issued
in conjunction with the issuance of the special Class "B" license,
unless the Village Board, for good cause shown, elects to issue additional
operator's licenses, not to exceed eight in total.
[Amended 6-7-1999; 8-3-2009; 8-20-2012; 7-11-2022]
A.
Required for outdoor consumption. No licensee shall permit the consumption of alcoholic beverages on any part of the licensed premises not enclosed within the building, except under 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 pursuant to state statutes or shall otherwise expire on June 30 of each year. No person shall consume or have in his or her possession alcoholic beverages on any unenclosed part of a licensed premises which is not described in a valid beer garden permit. Also, any licensed establishment that holds a current liquor license may apply for a temporary special event beer garden license to extend their licensed premises into a specified outdoor area with the limitations stated in § 269-17B, which may be waived or altered by the Village Board for a limited period only for temporary special event beer garden licenses.
B.
Limitations on issuance of beer garden permits. Each applicant for
a beer garden permit shall accurately describe the area intended for
use as a beer garden and shall indicate the nature of fencing or other
measures intended to provide control over the operation of the beer
garden. These limitations may only be waived or altered by the Village
Board for a limited period for temporary special event beer garden
licenses.
(1)
No permit shall be issued for a beer garden if the beer garden area
is greater than 50% of the gross floor area of the adjoining licensed
premises.
(2)
Every beer garden shall be completely enclosed with a fence, wall
or screen not less than four feet in height.
(3)
Amplified sound or music is permitted within the beer garden area
only between the hours of 7:00 a.m. and 10:00 p.m.
(4)
Use of the beer garden is allowed during all normal business hours
as long as the licensee is in good standing, which will be evaluated
annually at renewal time.
(5)
Bartenders shall be responsible for policing the beer garden at all
times it is open for operation.
(6)
Access to the beer garden shall be through the Class B premises.
The beer garden shall be equipped with a fire exit that meets fire
codes.
C.
Adjoining property owners to be notified of pendency of applications.
All property owners within 100 feet of the premises to which the proposed
beer garden is attached shall be notified of the pendency application
for a beer garden permit by first-class mail.
D.
State statutes enforced within beer garden. Every permittee under
this section shall comply with and enforce all provisions of Ch. 125,
Wis. Stats., applicable to Class "B" licensed premises, except insofar
as such provisions are clearly inapplicable. Violation of the provisions
of Ch. 125, Wis. Stats., shall be grounds for revocation of the beer
garden permit by the Village Board.
E.
A fee will be paid to the Clerk/Treasurer according to the fee schedule
established by the Village Board.
A.
Procedure. Whenever the holder of any license under
this article violates any portion of this article, proceedings for
the revocation of such license may be instituted in the manner and
under the procedure established by § 125.12, Wis. Stats.,
and the provisions therein relating to granting a new license shall
likewise be applicable.
B.
Automatic revocation. Any license issued under the
provisions of this article shall stand revoked without further proceedings
upon the conviction of a licensee or employee, agent or representative
thereof for a second offense under this article or for a violation
of Ch. 125 or 139, Wis. Stats., or any other state or federal liquor
or fermented malt beverage laws or conviction of any felony.
C.
Nonrenewal of licenses. Before renewal of any license
issued under this article is refused, the licensee shall be given
written notice of any charges or violations against him or the reasons
proposed for nonrenewal and a copy of any proposed motion for nonrenewal
and shall have an opportunity to be heard before the Village Board.
D.
Abandonment of premises. Any licensee holding a license
to sell alcoholic 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 an alcoholic beverage license. The closing of the licensed premises
for at least 90 days shall be prima facie evidence of an abandonment.
[Amended 5-3-2010 by Ord.
No. 10-02; 4-3-2023]
A.
Operator's license required. There shall be upon the premises
operated under a "Class A" or "Class B" intoxicating liquor license
or Class "B" fermented malt beverage license, at all times, the licensee
or some other person who shall have an operator's license and
who shall be responsible for the acts of all persons serving or selling
any intoxicating liquor or fermented malt beverages to customers.
No person other than the licensee shall serve or sell fermented malt
beverages or intoxicating liquor in any place operated under the Class
A or Class B license unless he shall possess an operator's license
or unless he shall be under the immediate supervision of the licensee
or a person holding an operator's license who shall be upon the
premises at the time of such service.
B.
Procedure upon application. The Village Board grants the authority
to the Village Clerk/Treasurer, or his/her designee, to issue an operator's
license to persons 18 years of age or older, when the application
for the operator's license is not recommended for denial under
this section. Such license shall be granted only upon application
in writing on blanks to be obtained from the Village Clerk/Treasurer
and only to persons who are qualified under § 125.04(5),
Wis. Stats. Operator's licenses shall be operative only within
the limits of the Village. All applications are subject to investigation
by the Village Clerk/Treasurer, and any other appropriate authority,
to determine whether the applicant complies with all regulations,
policies, ordinances and applicable laws. If, upon review of the results
of the investigation, the Village Clerk/Treasurer recommends denial,
the Village Board shall review the Village Clerk/Treasurer's
recommendations and make a determination on whether to grant or deny
the license application.
C.
Duration. Licenses issued under the provisions of this article shall
be valid for a period of one year and shall expire on the 30th day
of June.
D.
Fee for an operator's license shall be as set by the Village
Board. The Village Clerk/Treasurer may issue provisional operator's
licenses in accordance with § 125.17(5), Wis. Stats.
E.
Issuance. Upon review and approval of the application for an operator's
license by the Village Clerk/Treasurer or the Village Board, the Village
Clerk/Treasurer, or his/her designee, 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.
F.
Display of license. Each license issued under the provisions of this
article shall be posted on the premises whenever the operator dispenses
beverages.
G.
Revocation of operator's license. Violation of any of the terms
or provisions of the state law or of this chapter relating to operator's
licenses by any person holding such operator's license shall
be cause for revocation of the license.
A.
Forfeitures for violations of §§ 125.07(1) to (4) and 125.09(2), Wis. Stats., adopted by reference in § 269-1 of this chapter, shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable State statute, including any variations or increases for subsequent offenses.
C.
Nothing herein shall preclude or affect the power
of the sentencing court to exercise additional authorities granted
by the Wisconsin Statutes.
