[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.]
GENERAL REFERENCES
Adult-oriented establishments — See Ch. 139.
Licenses and permits — See Ch. 278.
Nuisances — See Ch. 300.
Peace and good order — See Ch. 314.
Soda water beverages — See Ch. 371.
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:
LEGAL DRINKING AGE
Twenty-one years of age.
UNDERAGE PERSON
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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:
(1) 
The licensee shall conduct the sale of all alcohol products in conformance with Ch. 125, Wis. Stats.
(2) 
The licensee shall adhere to all requirements as stated in § 125.04(5), Wis., Stats., which are incorporated herein by reference.
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.
(1) 
No fermented malt beverages shall be sold by a retail Class "A" fermented malt beverage licensee between 9:00 p.m. and 6:00 a.m.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
B. 
All purchases of intoxicating liquor or fermented malt beverages by the glass or in open containers shall be consumed on the licensed premises where served and shall not be removed therefrom to any of the places described in Subsection A of this section.
[1]
Editor's Note: See also § 314-13, Consumption of alcohol beverages in public places.
A. 
Malt beverages.
(1) 
No person may possess or consume fermented malt beverages as follows:
(a) 
On school premises.
(b) 
In a motor vehicle if a pupil attending the school is in the motor vehicle.
(c) 
While participating in a school-sponsored activity.
(2) 
A person who violates Subsection A(1) is subject to a forfeiture of not more than $200, except that disposition in proceedings against a person under 18 years of age shall be as provided by § 938.344, Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Intoxicating liquor.
(1) 
Definitions. In this subsection, the terms used shall be defined as follows:
MOTOR VEHICLE
A motor vehicle owned, rented or consigned to a school.
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.
SCHOOL PREMISES
Premises owned, rented or under the control of a school.
SCHOOL SUPERINTENDENT
The person designated by the governing body of a school as ultimately responsible for the ordinary operations of a school.
(2) 
Except as provided by Subsection B(3) of this subsection, no person may possess or consume intoxicating liquor as follows:
(a) 
On school premises.
(b) 
In a motor vehicle if a pupil attending the school is in the motor vehicle.
(c) 
While participating in a school-sponsored activity.
(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.
(4) 
A person who violates Subsection B(2) is subject to a forfeiture of not more than $200, except that disposition in proceedings against a person under 18 years of age shall be as provided by § 938.344, Wis. Stats.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).