[HISTORY: Adopted by the Village Board of
the Village of Wales 10-16-2000 (§§ 12.10 and 12.20
of the 1989 Code). Amendments noted where applicable.]
The provisions of Ch. 125, Wis. Stats., relating to the sale of intoxicating liquor and fermented malt beverages, exclusive of any provisions thereof relating to the penalty to be imposed or the punishment for violation of such statutes, are adopted and made a part of this chapter by reference. A violation of any such provisions shall constitute a violation of chapter. Penalties for violation shall be as provided by § 1-4 of this Code.
As used in this chapter, the following terms
shall have the meanings indicated:
Twenty-one years of age.
A person who has not attained the legal drinking age.
Application for a license to sell or deal in
alcohol beverages shall be made in writing on the form prescribed
by § 125.04(3), Wis. Stats., and shall be filed, together
with the cost of publication as provided by § 125.04(3)(g)6,
Wis. Stats., with the Village Clerk not less than 15 days prior to
the granting of the license. However, applications for licenses to
be issued under §§ 125.26(6) and 125.51(10), Wis. Stats.,
shall be filed with the Village Clerk not less than three days prior
to the granting of the license. Further, as a condition of granting
an operator's license, the applicant shall permit the Village to secure
from the Federal Bureau of Investigation and the Wisconsin Crime Information
Bureau a record check of the applicant. No license shall be issued
until the fee has been paid.
[Amended 4-1-2002[1]]
A.
The following types of licenses shall be issued by
the Village Board for the sale of intoxicating liquors and fermented
malt beverages within the Village:
(1)
Class
"A" fermented malt beverage license.
(2)
Class
"B" fermented malt beverage license.
(3)
Temporary
Class "B" malt license under § 125.26(6), Wis. Stats. There
shall be no fee if the fermented malt beverages are dispensed without
charge.
(4)
Temporary
"Class B" wine license under § 125.51(10), Wis. Stats.,
issued to bona fide clubs, to county or local fair associations or
agricultural societies, to churches, lodges or societies that have
been in existence for at least six months before the date of application
and to posts of veterans' organizations authorizing the sale of wine
in an original package, container or bottle or by the glass if the
wine is dispensed directly from an original package, container or
bottle at a particular picnic or similar gathering, at a meeting of
the post, or during a fair conducted by the fair association or agricultural
society. No fee may be charged to a person who at the same time applies
for a temporary Class "B" malt license under § 125.26(6),
Wis. Stats., for the same event.
(5)
"Class
A" liquor license.
(6)
"Class
B" liquor license. The provisions and restrictions of § 125.51(3)(b),
Wis. Stats., regarding retail "Class B" licenses are adopted herein
by reference.
(7)
Reserve
"Class B" liquor license. Bona fide clubs and lodges situated and
incorporated in the state for at least six years that apply for reserve
"Class B" licenses are exempt from paying the initial issuance fee.
(8)
"Class
C" wine license.
B.
License fees. License fees shall be set from time
to time by the Village Board.
(1)
Six-month
licenses. One-half of the annual fee shall be charged for "Class A"
liquor, "Class B" liquor and Class "B" beer licenses issued for a
period of six months. See §§ 125.51(9)(b) and 125.26(5),
Wis. Stats.
(2)
Proration
of fees. When a new Class "A" beer, "Class A" liquor, "Class B" liquor,
Class "B" beer or "Class C" wine license is issued, proration of the
annual license fee is required on the basis of the number of months
or fraction thereof remaining in the licensing year. See §§ 125.25(4),
125.26(4) and 125.51(9)(a), Wis. Stats. There shall be no proration
of the fee for a temporary retail license.
A.
Operator's
license; fees. An operator's license shall be issued by the Village
Board in accordance with § 125.17, Wis. Stats. The fee for
an operator's license, provisional operator's license and temporary
operator's license shall be set from time to time by the Village Board.[1]
B.
Provisional
operator's license. See § 125.17(5), Wis. Stats. The Village
Clerk may grant a provisional operator's license to an individual
who complies with § 125.04(5), Wis. Stats., and has also
applied for a regular operator's license and who has not been previously
denied a license under this chapter, subject to the following restrictions:
(1)
Evidence
shall be provided that the applicant has either completed or enrolled
in a training course required by § 125.17(6), Wis. Stats.
In the event that the applicant fails to successfully complete said
course, the provisional operator's license shall be revoked.
(2)
No provisional operator's license may be issued to
a person who has been denied an operator's license by the Village
Board.
(3)
The provisional operator is limited to working for
the sponsor unless and until a regular operator's license is issued
by the Village Board.
(4)
The provisional operator's license shall expire 60
days after its issuance or when a regular operator's license is issued,
whichever is sooner.
(5)
The Village Board may revoke the provisional operator's
license if it is discovered that the licensee made a false statement
on the application.
C.
Temporary
operator's license.
(1)
A person may be granted a temporary operator's license
if employed by or donating his services to festivals or nonprofit
corporations.
(2)
A person is limited to only one such license in a
year.
(3)
The license is valid for any period from one to 14
days, and the period must be indicated on the license.
(4)
The fee may be waived by the Village Board at its
discretion for nonprofit organizations.
A.
Right to possession required. No applicant shall be
considered unless he/she has the right to possession of the premises
described in the application for the license by lease or by deed,
and he/she shall provide documentary proof of that right when required
by the Village Board.
B.
Corporation agents. The agents designated by a corporation
to hold a Class A or Class B license must meet the residence and character
requirements of this section.
C.
Premises near public institutions. No retail Class
B license shall be issued for premises less than 300 feet from 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 boundary of such school, church or hospital
to the closest entrance to such premises.
D.
If not prohibited or allowed separately under this
section, all other applicants seeking alcohol licenses shall meet
the following requirements:
A.
Applicants for a tavern or bartender's license are
required to disclose all felony and misdemeanor convictions as requested
on the application.
B.
The Village Clerk is directed to provide each applicant
with a copy of this section, together with a supplement to the application,
on which the applicant shall be required to disclose and enumerate
his conviction record of offenses and the arrest record for any pending
charge of a violation of said offenses.
C.
The Village Board shall consider such pending charges
or past convictions in passing on the fitness of an applicant to hold
a tavern or bartender's license and to properly discharge the responsibilities
thereof.
A.
The Village Clerk shall notify the Sheriff's Department,
the Chief of the Fire Department, the Building Inspector and the County
Health Department of Class B applications and these officials shall
inspect or cause to be inspected each such application and the premises
to determine whether the applicant and the premises sought to be licensed
comply with the regulations, ordinances and laws applicable thereto.
These officials shall furnish to the Village Board, in writing, the
information derived from such investigation and a statement as to
whether the applicant and the premises meet the requirements of the
department for which the officer is certifying. No license shall be
renewed without a reinspection of the premises.
B.
In determining the suitability of an applicant, consideration
shall be given to the financial responsibility of the applicant, the
appropriateness of the location and premises where such licensed business
is to be conducted and, generally, the applicant's fitness for the
trust to be reposed.
A.
Inspection and search. Every applicant procuring a
license thereby consents to the entry of police 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 such premises
of all things and articles had there 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.
Disorderly conduct prohibited.
(1)
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.
(2)
It is unlawful for any licensee, or manager or agent of the licensee, to permit any employee, entertainer or patron to engage in or exhibit on the licensed premises any adult entertainment which requires a license under Chapter 139, Adult-Oriented Establishments, of this Code. Any licensee who violates the provisions of this subsection shall be subject to license suspension, revocation or nonrenewal as provided by §§ 125.10(1) and 125.12(1), Wis. Stats.
C.
Structural alterations prohibited without approval.
No structural alteration of a licensed premises shall be permitted
without approval of the Village Board and Village Plan Commission.
D.
If a license issued hereunder is not used within 30
days after its issuance or its usage is discontinued for a period
of 30 days or more, such situation may be grounds for cancellation
of the license.
A.
Fermented malt beverages.
(2)
No premises for which a retail Class "B" fermented
malt beverage license has been issued shall remain open, nor shall
patrons or guests enter or remain on the premises, nor shall fermented
malt beverage be sold or served between 2:00 a.m. and 6:00 a.m. Monday
through Friday. On Saturday and Sunday, the closing hours shall be
between 2:30 a.m. and 6:00 a.m. On January 1, premises operating under
a Class "B" license or permit are not required to close.
B.
Intoxicating liquor. The hours during which no patron
or guest shall enter or remain on the premises for which any retail
liquor license has been issued and during which no intoxicating liquor
shall be sold or served by the glass or package shall be as provided
in § 125.68(4), Wis. Stats.[2]
C.
Local option. Pursuant to § 125.51(3)(b),
Wis. Stats., the Village hereby adopts the local option. The holder
of a retail "Class B" liquor license shall be permitted to sell, deal
and traffic in intoxicating liquors to be consumed by the glass only
on the premises and in the original packages or containers in multiples
not to exceed four liters at any one time and to be consumed off the
licensed premises. Off-premises sales shall cease at 12:00 midnight
of each day. It is intended by this subsection that the packaged sales
from "Class B" licensed premises will not be permitted after 12:00
midnight under the option granted herein.
[Added 2-5-2001]
A.
Sale of alcohol beverages to underage person prohibited.
No person shall sell or give any alcohol beverage to any underage
person unless accompanied by a parent, guardian or spouse who has
attained the legal drinking age.
B.
Purchase or possession of alcohol beverage by underage
person prohibited. No underage person shall purchase or receive or
have in his possession any alcohol beverage unless he/she is accompanied
by a parent, guardian or spouse who has attained the legal drinking
age.
A.
Restrictions. Pursuant to § 125.07(3), Wis.
Stats., an underage person not accompanied by his parent, guardian
or spouse who has attained the legal drinking age may not enter or
be on any premises for which a license or permit for the retail sale
of alcohol beverages has been issued for any purpose except the transaction
of business pertaining to the licensed premises with or for the licensee
or his employee. The business may not be amusement or the purchase,
receiving or consumption of edibles or beverages or similar activities
which normally constitute activities of a customer of the premises.
B.
Exceptions. Subsection A of this section shall not apply to:
(1)
An underage person who is a resident, employee, lodger
or boarder on the licensed premises.
(2)
An underage person who enters a Class A premises for
the purpose of purchasing edibles and soft drinks and immediately
thereafter leaves such premises.
(3)
Hotels, drugstores, grocery stores, bowling alleys,
athletic fields or stadiums owned by a county or municipality.
(4)
Ski chalets, golf clubhouses, curling clubs and private
tennis clubs.
(5)
Licensed restaurants where the principal business
is that of a restaurant.
(6)
A person who is at least 18 years of age and who is
working under a contract with the licensee when no alcohol beverages
will be consumed, sold or given away. The licensee shall notify the
Sheriff's Department of such specified dates. Unless all alcohol beverages
are stored in a locked portion of the premises, the licensee operator
must be on the premises at all times.
A.
Restrictions. Pursuant to § 125.07(4)(b)
and (bm), Wis. Stats., no underage person not accompanied by a parent,
guardian or spouse who has attained the legal drinking age may knowingly
possess or consume alcohol beverages.
B.
Exceptions. An underage person may possess alcohol
beverages if employed by any of the following:
(1)
A brewer.
(2)
A fermented malt beverages wholesaler.
(3)
A permittee other than a Class "B" or "Class B" permittee.
(4)
A facility for the production of alcohol fuel.
(5)
A retail licensee or permittee under the conditions
specified in § 125.32(2) or 125.68(2), Wis. Stats., or for
delivery of unopened containers to the home or vehicle of a customer.
(6)
A campus, if the underage person is at least 18 years
of age and is under the immediate supervision of a person who has
attained the legal drinking age.
C.
Selling or serving alcohol beverages. Pursuant to
§§ 125.32(2) and 125.68(2), Wis. Stats., any underage
person who is at least 18 years of age may sell or serve alcohol beverages
on any Class A or Class B premises, provided that such underage person
is under the immediate supervision of the licensee, agent or manager,
or a licensed operator, who is on the premises at the time of such
sale or service.
A violation of this chapter by a duly authorized
agent or employee of a licensee or permit holder shall constitute
a violation by the licensee or permit holder. Whenever the holder
of any license or permit under this chapter shall violate any provision
of this chapter, proceedings for the revocation of such license or
permit 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.
A.
No person shall bring upon or use, consume, sell or
convey any fermented malt beverage or intoxicating liquor in or upon
any of the following:
(1)
Any property, building or other structure owned or
operated by the Village or the Kettle Moraine School Board.
(2)
Any public street, alley, sidewalk, street crossing,
bridge, public playground, public park or public parking lot.
(3)
Any premises held out to the public for the use of
motor vehicles, whether such premises is publicly or privately owned.
This shall include the parking lots of all fermented malt beverage
or liquor licensees. This prohibition shall not apply to community
functions or events authorized by specific action of the Village Board
or, in the case of parks, authorized by appropriate Village employees
or committee members.
A.
B.
Intoxicating liquor.
(1)
MOTOR VEHICLE
SCHOOL
SCHOOL PREMISES
SCHOOL SUPERINTENDENT
Definitions. In this subsection, the terms used shall
be defined as follows:
A motor vehicle owned, rented or consigned to a school.
A public, parochial or private school which provides an educational
program for one or more grades between grades one and 12 and which
is commonly known as an elementary school, middle school, junior high
school or high school.
Premises owned, rented or under the control of a school.
The person designated by the governing body of a school as
ultimately responsible for the ordinary operations of a school.
(3)
Intoxicating liquor may be possessed or consumed on
school premises, in motor vehicles or by participants in school-sponsored
activities if specifically permitted, in writing, by the school superintendent
consistent with applicable laws and ordinances.
No person may falsely represent that he/she is of legal drinking
age for the purpose of asking for or receiving alcohol beverages from
a keeper of any place for the sale of such alcohol beverages. A person
who violates this section is subject to a forfeiture of not more than
$25, except that disposition and proceedings against a person under
18 years of age shall be as provided by § 938.344, Wis.
Stats.
In addition to the revocation, suspension or nonrenewal of any license or permit issued under this chapter, any person found to be in violation of any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code, except where another penalty is provided in this chapter.
