[HISTORY: Adopted by the Village Board of the Village of
Kimberly as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-3-1988 as Title 7, Ch. 2, of the 1988 Code]
The provisions of Ch. 125, 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 article 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 article. Any
future amendments, revisions or modifications of the statutes incorporated
herein are intended to be made a part of this article in order to
secure uniform statewide regulation of alcoholic beverage control.
As used in this article the terms "alcoholic beverages," "intoxicating
liquor," "sell," "sold," "sale," "restaurant," "club," "retailer,"
"person," "fermented malt beverages," "wholesaler" and "operator"
shall have the meanings given them by Ch. 125, Wis. Stats.
No person, firm or corporation shall vend, sell, deal or traffic
in or have in his/her 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 article, nor without complying with all
the provisions of this article and all statutes and regulations applicable
thereto, except as provided by §§ 125.26, 125.27, 125.28
and 125.51, Wis. Stats.
[Amended 3-5-2012 by Ord.
No. 3-2012; 4-16-2018 by Ord. No. 8-2018; 3-21-2022 by Ord. No. 5-2022]
A.
Retail "Class A" intoxicating liquor license. A retail "Class A"
intoxicating liquor license, when issued by the Village Clerk 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. No
more than one such license shall be issued for each 2,000 in population
or fraction thereof. Each license must be used for an active business
within six months or be automatically revoked and no fees refunded.
Annexation increases this quota if necessary to relicense all existing
licensed premises.
B.
Retail "Class B" intoxicating liquor license. A retail "Class B"
intoxicating liquor license, when issued by the Village Clerk under
authority of the Village Board, shall permit its holder to sell, deal
and traffic in intoxicating liquors to be consumed by the individual
serving or pitcher only on the premises so licensed, or 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. The quota of "Class B" licenses issued
shall be determined per § 125.51(4), Wis. Stats.
C.
Class "A" fermented malt beverage retailer's license. A Class "A"
retailer's fermented malt beverage license, when issued by the Village Clerk
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. Not more than one such license
shall be issued for each 1,200 in population or fraction thereof.
Each license must be used for an active business within six months
or be automatically revoked and no fees refunded. Annexation increases
this quota if necessary to relicense all existing licensed premises.
D.
Class "B" fermented malt beverage retailer's license. A Class "B"
fermented malt beverage retailer's license, when issued by the Village
Clerk 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
0.5% of alcohol by volume without obtaining a special license to sell
such beverages.
E.
Retail "Class C" wine license. A retail "Class C" wine license, when
issued by the Village Clerk under the authority of the Village Board,
shall permit its holder to sell, deal and traffic in wine to be consumed
by the glass or in an opened original container for consumption on
the premises where sold.
F.
Temporary Class "B" fermented malt beverage picnic license.
(1)
License. A Temporary Class "B" picnic license, when issued by the
Village Clerk under authority of the Village Board, as provided for
in § 125.26(6), Wis. Stats., shall entitle the holder thereof
to possess, sell or offer for sale fermented malt beverages 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. Such
license may be issued only to bona fide clubs and chambers of commerce,
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. Such license is valid for dates as approved by the
Village Board. Irrespective of other sections of this article, the
Village Board is hereby authorized to issue a fermented malt beverage
license to any local civic or any local religious or any local not-for-profit
organization pursuant to this section.
(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 together with the appropriate
license fee for each day for which the license is sought. Any person
fronting for any group other than the one applied for shall, upon
conviction thereof, be subject to a forfeiture of $200 and will be
ineligible to apply for a special Class "B" license for one year.
The license shall specify the hours and dates of license validity.
The application shall be filed a minimum of 15 days prior to the meeting
of the Village Board at which the application will be considered.
If the application is for a license to be used in a Village park,
the applicant shall specify the main point-of-sale facility.
G.
Wholesaler's license. A wholesaler's fermented malt beverage license,
when issued by the Village Clerk 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.
H.
Reserve "Class B" intoxicating liquor license. A Reserve "Class B"
intoxicating liquor license, when issued by the Village Clerk under
authority of the Village Board, shall permit its holder the same privileges
as a "Class B" intoxicating liquor license holder.
(1)
The quota of Reserve "Class B" licenses issued shall be determined
per the formula in § 125.51(4)(br), Wis. Stats.
(2)
In accordance with § 125.51(4)(u)3, Wis. Stats., if the
Village of Kimberly has designated a premier economic development
district ("District"), the Village Board, in addition to the number
of licenses determined for the Village of Kimberly's quota under § 125.51(4)(b)
to (d), Wis. Stats., and in addition to any license under § 125.51(4)(v)
or (w), Wis. Stats., may grant up to two more additional Reserve "Class
B" licenses in connection with economic development projects within
the District.
(3)
Reserve "Class B" licenses shall follow all state statutes regarding
fees, transfers, revocations, renewals, and reissues.
I.
Temporary
"Class B" wine license.
(1)
License.
Notwithstanding § 125.68(3), Wis. Stats., a temporary "Class
B" picnic license may be issued to bona fide clubs and chambers of
commerce, 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 containing not more than
6% alcohol by volume in 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" beer license under § 125.26(6),
Wis. Stats., for the same event. A license issued to a county or district
fair licenses the entire fairgrounds where the fair is being conducted
and all persons engaging in retail sales of wine containing not more
than 6% alcohol by volume from leased stands on the fairgrounds. The
county or district fair to which the license is issued may lease stands
on the fairgrounds to persons who may engage in retail sales of wine
containing not more than 6% alcohol by volume from the stands while
the fair is being held.
(2)
Application.
Application for such license shall be signed by the president or corresponding
officer of the society or association making such application and
shall be filed with the Village Clerk together with the appropriate
license fee for each day for which the license is sought. Any person
fronting for any group other than the one applied for shall, upon
conviction thereof, be subject to a forfeiture of $200 and will be
ineligible to apply for a temporary "Class B" wine license for one
year. The license shall specify the hours and dates of license validity.
The application shall be filed a minimum of 15 days prior to the meeting
of the Village Board at which the application will be considered for
events of more than three 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.
[Amended 3-5-2012 by Ord.
No. 3-2012; 4-16-2018 by Ord. No. 8-2018]
A.
Fees for alcohol licenses and permits shall be as specified by each
class in the Village Fee Schedule, in accordance to the requirements
and limits set by state statute.
B.
A license may be issued after July 1 in any license year. The license
shall expire on the following June 30. The fee for the license shall
be prorated according to the number of months or fractions thereof
remaining until the following June 30.
C.
Licenses valid for six months may be issued at any time. The fee
for the license shall be 50% of the annual license fee. The license
may not be renewed during the calendar year in which issued.
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 Administrator
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 or by the president and secretary if a
corporation.
C.
Publication. The application shall be published once 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.
E.
License quotas. No more than the number of licenses permitted under
this article and Ch. 125, Wis. Stats., shall be granted by the Village.
A.
Residency requirements. A retail Class "A," Class "B," "Class A,"
"Class B" or "Class C" fermented malt beverage, intoxicating liquor
or wine license shall be granted only to persons who are citizens
of the United States and of Wisconsin.
[Amended 3-5-2012 by Ord.
No. 3-2012]
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/she
has the right to possession of the premises described in the application
for the license period by lease or by deed.
D.
Age of applicant. No Class "A," Class "B," "Class A," "Class B" or
"Class C" licenses shall be granted to any underage person, as defined
by the Wisconsin Statutes.
[Amended 3-5-2012 by Ord.
No. 3-2012]
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 article 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 article 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 Administrator a statement
of transfers of stock within 48 hours after such transfer of 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 article or under the state law.
The Village Administrator shall notify the Chief of Police,
Building Inspector and Chief of the Fire Department of each new application,
and these officials 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. These officials
shall furnish to the Village Administrator in writing, who shall forward
to the Village Board, 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, assessments, forfeitures or other financial
claims of the Village are delinquent and unpaid.
C.
No license shall be issued unless the premises conforms to the sanitary,
safety and health requirements of the State Building Code, and the
regulations of the State Department of Health Services and local board
of health 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.
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 Administrator shall
issue to the applicant a license, upon payment by the applicant of
the license fee to the Village.
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 Administrator.
Proceedings for such transfer shall be had in the same form and manner
as the original application. The fee for such transfer is $10. Whenever
a license is transferred, the Village Administrator shall forthwith
notify the Wisconsin Department of Revenue of such transfer. In the
event of the sale of a business or business premises of the licensee,
the purchaser of such business or business premises must apply to
the Village for reissuance of said license and the Village, as the
licensing authority, shall in no way be bound to reissue said license
to said subsequent purchaser.
B.
Whenever the agent of a corporate holder of a license is for any
reason replaced, the licensee shall give the Village Administrator
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 Administrator of notice of disapproval of the successor
agent by the Wisconsin Department of Revenue or other peace 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 of the Village Board until the successor
agent or another qualified agent is appointed and approved by the
Village and the Wisconsin Department of Revenue.
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.
A.
Every person licensed in accordance with the provisions of this article
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.
All retail Class "A," Class "B," "Class A," "Class B" and "Class
C" 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 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 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. No retail Class "B" or "Class C" licensee shall
employ any underage person, as defined in the Wisconsin Statutes,
but this shall not apply to hotels and restaurants. Family members
may work on the licensed premises but are not permitted to sell or
dispense alcoholic beverages, except as otherwise provided in §§
125.32(2) and 125.68(2), Wis. Stats.
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 C" license, at all times, the licensee,
members of the licensee's immediate family who have attained the legal
drinking age, and/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, any intoxicating liquors to customers.
No person other than the licensee shall serve intoxicating liquors
in any place operated under a "Class B" or "Class C" license unless
he/she possesses an operator's license or there is a person with an
operator's license upon said premises at the time of such service.
E.
Health and sanitation regulations. The rules and regulations of the
Department of Health Services governing sanitation in restaurants
shall apply to all "Class B" or "Class C" liquor or wine licenses
issued under this article. No "Class B" or "Class C" 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," "Class
B," Class "A," Class "B" or "Class C" 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, except that this prohibition may be waived by
a majority vote of the Village Board. 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.
[Amended 12-14-2020 by Ord. No. 14-2020]
G.
Clubs. No club shall sell or give away any intoxicating liquors except
to bona fide members and guests invited by members.
H.
Gambling prohibited. No gambling or game of chance of any sort shall
be permitted in any form upon any premises licensed under this article
or the laws of the State of Wisconsin.
I.
Credit prohibited. No retail "Class A," "Class B," Class "A," Class
"B" or "Class C" liquor, fermented malt beverage or wine licensee
shall sell or offer for sale any alcoholic beverage to any person
or persons by extending credit, except hotel credit extended to a
resident guest or a club to a bona fide member. It shall be unlawful
for such licensee or permittee to sell alcoholic beverages to any
person on a passbook or store order or to receive from any person
any goods, wares, merchandise or other articles in exchange for alcoholic
beverages.
J.
Licensee or permittee responsible for acts of help. A violation of
this article by a duly authorized agent or employee of a licensee
or permittee under this article shall constitute a violation by the
licensee or permittee. Whenever any licensee or permittee under this
article shall violate any portion of this article, proceedings for
the suspension or revocation of the license or permit of the holder
thereof may be instituted in the manner prescribed in this article.
K.
Improper exhibitions. It shall be unlawful for any person to perform
or for any licensee or manager or agent of the licensee to permit
any employee, entertainer or patron to engage in any live act, demonstration,
dance or exhibition on the licensed premises which:
(1)
Exposes his or her genitals, pubic hair, buttocks, perineum, anal
region or pubic hair region;
(2)
Exposes any device, costume or covering which gives the appearance
of or simulates genitals, pubic hair, buttocks, perineum, anal region
or pubic hair region;
(3)
Exposes any portion of the female breast at or below the areola thereof;
or
(4)
Engages in or simulates sexual intercourse and/or any sexual contact,
including the touching of any portion of the female breast or the
male and/or female genitals.
[Amended 1-24-2011 by Ord. No. 1-2011; 1-23-2012 by Ord. No. 2-2012]
A.
Limitation on hours of service. No premises for which an alcohol
beverage license or permit has been issued shall remain open for the
sale of alcohol beverages during the following hours:
(1)
Wholesale
license. For a wholesale license, between 5:00 p.m. and 8:00 a.m.
except on Saturday when the closing hour shall be no later than 9:00
p.m.
(2)
Retail
Class "A" liquor license. For a retail Class "A" liquor license, between
9:00 p.m. and 6:00 a.m.
(3)
Retail
Class "A" fermented malt beverage license. For a retail Class "A"
fermented malt beverage license, between 12:00 midnight and 6:00 a.m.
(4)
Retail
Class "B," Class "B," and Class "C" licenses and permits. For retail
Class "B," Class "B," and Class "C" licenses and permits, between
2:00 a.m. and 6:00 a.m., except on Saturday and Sunday mornings when
the hours shall be between 2:30 a.m. and 6:00 a.m. On the Sunday that
daylight saving time begins as specified in § 175.095(2), Wis.
Stats., the hours shall be between 3:30 a.m. and 6:00 a.m. There shall
be no closing hours on January 1. No package, container, or bottle
carry out sales (intoxicating liquor, fermented malt beverages, or
wine) may be made between 12:00 midnight and 6:00 a.m.
[Amended 3-5-2012 by Ord. No. 3-2012]
B.
Exceptions. Food stores, hotels, restaurants, and other commercial establishments whose principal business is the sale or furnishing of food or lodging, and bowling alleys and golf courses, may remain open for the conduct of their regular business, but no intoxicating liquors or fermented malt beverages shall be sold during the applicable hours stated in Subsection A of this section.
It shall be unlawful for any person or organization on a temporary
basis to sell or offer to sell any alcoholic beverage upon any Village-owned
property or privately owned property within the Village of Kimberly
except through the issuance of a temporary Class "B" permit issued
by the Village Board in accordance with Wisconsin Statutes and as
set forth in this section. A temporary Class "B" permit authorizing
the sale and consumption of beer on Village-owned property or privately
owned property may be authorized by the Village Board, provided the
following requirements are met:
A.
Compliance with eligibility standards. The organization shall meet the eligibility requirements of a bona fide club, association, lodge or society, as set forth in § 125.26(6), Wis. Stats., and shall fully comply with the requirements of this section and § 308-22.
B.
Posting of signs and licenses. All organizations issued a liquor
license shall post in a conspicuous location at the main point of
sale and at all remote points of sale a sufficient number of signs
stating that no fermented malt beverage shall be served to any underage
person without proper identification.
C.
Fencing. All organizations shall install a double fence around the
main point of sale to control ingress and egress and shall continually
station a licensed operator or security guard at the entrance for
the purpose of checking age identification. There shall be only one
point of ingress and egress. The double fence shall be a minimum of
four feet high and have a minimum of six feet between fences. A single
eight-foot chain link fence may be used to meet the fence requirements.
D.
Underage persons prohibited. No underage persons, as defined by the
Wisconsin Statutes, shall be allowed to assist in the sale of fermented
malt beverage at any point of sale, nor shall they be allowed to loiter
or linger in the area of any point of sale, except for persons holding
a valid operator's license.
[Amended 3-5-2012 by Ord.
No. 3-2012]
E.
Licensed operators requirement. A licensed operator shall be stationed
at all points of sales at all times.
F.
Permitted cups only. Intoxicants will be sold only in foam or plastic
cups.
G.
Additional requirements. In addition, requesting organizations shall
comply with the following:
(1)
When the event sponsored by the requesting organization is to take
place on Village park property, the organization shall work closely
with the Village officials in locating, setting up and identifying
the size of the snow fence area. Such information shall be made part
of the temporary Class "B" permit application.
(2)
When the event sponsored by the requesting organization is to take
place on Village-owned property other than park property and/or privately
owned property, the organization shall work closely with the Fox Valley
Metro Police Department in locating and setting up the snow fence
area. The Chief of Police shall work closely with the requesting organization
in identifying the size of the fenced-in area and the exact location.
Such information shall be made part of the temporary Class "B" permit
application. For indoor events, the structure used must have suitable
exits and open spaces to accommodate anticipated attendance. It shall
contain adequate sanitary facilities to accommodate the size of the
group.
[Amended 3-5-2012 by Ord.
No. 3-2012]
H.
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 of Kimberly. The applicant may be required
to furnish a performance bond prior to being granted the permit.
[Added 3-1-2010; amended 3-5-2012 by Ord. No. 3-2012; 6-16-2014 by Ord. No. 4-2014; 3-7-2016 by Ord. No.
1-2016]
A.
Definition.
An outdoor alcoholic beverage area is defined as an open-air, roofed
or unroofed area adjacent or accessory to any "Class B" intoxicating
liquor and/or Class "B" fermented malt beverage and/or "Class C" licensed
premises, where beer and other alcoholic beverages are consumed.
B.
Types of outdoor alcoholic beverage permits.
(1)
Year-round outdoor alcoholic beverage permit. Such permit may be issued for up to 12 months a year. Anyone holding a valid "Class B" intoxicating liquor license and/or a Class "B" fermented malt beverage license and/or a "Class C" wine license may apply, subject to limitations and restrictions under Subsections G, H, I and K.
(2)
Seasonal outdoor alcoholic beverage permit. Such permit may be issued for use during the months between April 1 and October 31. Anyone operating a full-service restaurant and holding a valid "Class B" intoxicating liquor license and/or a Class "B" fermented malt beverage license and/or a "Class C" wine license may apply, subject to limitations and restrictions under Subsections G, H, J and K. "Full-service restaurant" shall mean an establishment whose food sales are greater than 50% of its gross sales receipts.
C.
Permit required for outdoor consumption. No licensee shall allow
a person to consume or have in his or her possession alcoholic beverages
on any part of the licensed premises not enclosed within the building
or described in a valid outdoor alcoholic beverage 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, or suspended
by the Building Inspector or Police Chief or his or her designee,
at its pleasure at any time or shall otherwise expire on June 30 of
each year. An initial permit request may be applied for any time throughout
the year by completing a Village outdoor alcoholic beverage permit
application, but after the initial request is approved, any renewals
shall accompany the regular license renewal application.
D.
Permit application. Application for an outdoor alcoholic beverage
permit shall be submitted to the Village Administrator or Clerk and
shall include at least the following information:
(1)
A completed Village application form.
(2)
A site plan, drawn to scale, which accurately depicts the dimensions
of the existing property, the proposed location of the outdoor alcoholic
beverage area, the height and type of enclosure or fence, location
of doorways, steps, trees, parking spots, size and number of tables,
umbrellas, chairs, benches, planters, and any other objects, either
existing or proposed, within or in the immediate vicinity of the outdoor
area. This layout shall be submitted on eight-and-one-half-inch-by-eleven-inch
paper, suitable for reproduction.
(3)
Photographs, drawings, or manufacturer's brochures fully describing
the appearance and dimensions of required items in the site plan that
cannot be fully depicted on the site plan.
E.
Permit fees. The application fees for an initial outdoor alcoholic
beverage permit and the annual renewal fee shall be as stated in the
Village of Kimberly Fees and Licenses Schedule.
F.
Granting of permit. The Village Administrator or Clerk shall refer
all applications for outdoor alcoholic beverage permits to the Police,
Fire and Building Inspection Departments for investigation. These
departments shall furnish to the Village Board, in writing, a recommendation
as to whether the permit should be granted. The Police, Fire or Building
Inspection Department may recommend approval, approval with conditions
or restrictions, or denial of a permit where necessary to protect
the public health, safety or welfare, to prevent a nuisance from developing
or continuing, to preserve the aesthetics of the neighborhood, or
due to violation of this section, the Village Code of Ordinances,
or applicable state or federal law. Upon approval of the Village Board,
the Village Administrator shall issue the permit.
G.
Limitations and restrictions. The following standards, criteria, conditions, and restrictions shall generally apply to all outdoor alcoholic beverage areas; provided, however, that the Building Inspector, Police Chief or designee may impose additional conditions and restrictions to protect and promote the public health, safety, or welfare, to prevent a nuisance from developing or continuing, and to comply with this section, the Village Code of Ordinances, and all applicable state and federal laws. (NOTE: Additional restrictions for year-round outdoor alcoholic beverage permit areas are articulated under Subsection I. Additional restrictions for seasonal outdoor alcoholic beverage permit areas are articulated under Subsection J.)
(1)
Size. No outdoor alcoholic beverage area may be greater than 50%
of the gross floor area of the licensed premises enclosed within the
building.
(2)
Bartenders shall be responsible for policing the outdoor entertaining
area at all times it is open for operation. The license holder shall
take reasonable steps to ensure that alcoholic beverages are consumed
only by patrons of the establishment who are of legal drinking age
or who are not obviously intoxicated. Reasonable steps may include,
but not be limited to, the use of barriers or fences, supervision
of the outside area by security and staff personnel, or electronic
surveillance monitors. Failure to take reasonable steps and use them
at all times is grounds for suspension or revocation of the permit.
(3)
The licensed premises' building capacity shall remain the same even
with the addition of an outdoor alcoholic beverage permit.
(4)
A licensee shall not permit activities in the outdoor entertaining
area to constitute a nuisance.
(6)
A licensee shall comply with all other applicable state statutes
and Village ordinances.
H.
Limitations and restrictions applicable to all premises receiving
an initial outdoor alcoholic beverage permit approved after March
1, 2010. For those businesses for which the licensed premises includes
an outdoor alcoholic beverage area that was established, licensed
and authorized by the Village prior to March 1, 2010, the restrictions
below do not apply, for the reason that these prior licensed areas
are grandfathered with respect to these three conditions:
(1)
No amplified sound or music is permitted outside the enclosed (building)
premises. Amplified sound or music is not permitted in the outdoor
entertaining area.
(2)
All sales of alcoholic beverages shall be restricted to the enclosed
licensed premises.
(3)
The outdoor alcoholic beverage area may only be open from 7:00 a.m.
until 9:00 p.m., Sunday through Thursday, and from 7:00 a.m. until
10:00 p.m., Friday and Saturday. Except where any part of the outdoor
entertaining area is within 50 feet or less of a building used as
a dwelling for human occupancy and zoned as residential, the area
may only be open from 10:00 a.m. until 8:00 p.m., regardless of the
day of the week.
I.
Additional requirements for year-round outdoor alcoholic beverage
permit areas.
(1)
Every outdoor entertaining area shall be completely enclosed with
a solid permanent barrier or screen, not less than six feet in height,
for those establishments in which the sale of alcoholic beverages
accounts for more than 50% of gross receipts. For those establishments
where alcoholic beverage sales do not account for 50% of gross receipts,
a permanent barrier is still required, but its structure may be less
opaque and less than six feet in height.
(2)
Access to the outdoor entertaining area shall only be through the
main entrance to the "Class B" intoxicating liquor, Class "B" fermented
malt beverage, and "Class C" wine premises. The outdoor entertaining
area shall be equipped with a locking system on a fire exit that meets
fire codes.
J.
Additional requirements for seasonal outdoor alcoholic beverage permit
areas.
(1)
The seasonal outdoor alcoholic beverage permit covers only the public
right-of-way or private property described in the permit. Said property
shall be clearly designated and marked or sectioned off in such a
manner that promotes the public health, safety, and welfare as determined
by the Building Inspector and Police chief or designee. The Building
Inspector, Police Chief or designee may impose additional conditions
and restrictions to enhance public safety.
(2)
Tables, chairs, umbrellas or other fixtures:
(a)
Shall be removed, stored, or arranged in such a manner as to
deter patrons from using the outdoor alcoholic beverage area when
closed for the night. Some items may remain if approved with the site
plan or amended plan approved by the Street Commissioner.
(b)
Shall be removed from the area when the permit is expired, suspended
or revoked.
(3)
Alcoholic beverages shall only be served to patrons by a server,
except where the patron can exit the enclosed establishments and enter
directly into a designated seasonal outdoor alcoholic beverage area.
(4)
(Reserved)
(5)
No person shall leave the outdoor area listed in the permit with an alcoholic beverage. Any person doing so shall be in violation of Village Code § 308-22 and/or Chapter 125 of the state statutes, prohibiting the consumption of alcohol or possession of open containers on streets or nonlicensed premises.
K.
Exceptions for qualifying establishments.
(1)
In order to qualify for certain exceptions, licensed establishments
must meet the following conditions:
(a)
Alcoholic beverage sales do not account for 50% or more of gross
receipts; and
(b)
Located in an area primarily zoned "commercial" or "industrial,"
and where any part of the outdoor entertainment area is at least 200
feet or more away from a building used as a dwelling for human occupancy
and zoned as residential.
(3)
Nothing in this section should be construed as exempting the licensed
establishment described above from compliance with all other Village
ordinances, including those on noise, vibrations, and nuisances.
L.
Adjoining property owners to be notified of pendency of applications.
All property owners within 150 feet of the proposed outdoor entertaining
area, measured from property line to property line, shall be notified
of the pendency of application for an outdoor alcoholic beverage permit
and notice of a public informational hearing to be held prior to Village
Board approval. Such notice shall be made by the Village Administrator's
office via first-class mail.
M.
Authority to suspend outdoor alcoholic beverage permit. The Building
Inspector, Police Chief, Shift Commander or designee of the Fox Valley
Metro Police Department has the authority to order any outdoor entertaining
to be closed down at any time he/she believes necessary to protect
the public health, safety, or welfare, to prevent a nuisance from
developing or continuing, in emergency situations, or due to noncompliance
with Village ordinances or the provisions of Ch. 125, Wis. Stats.
N.
State statutes enforced within outdoor entertaining area. Every licensee
under this section shall comply with and enforce all provisions of
Ch. 125, Wis. Stats., applicable to "Class B," Class "B" and/or "Class
C" licensed premises, except insofar as such provisions are clearly
inapplicable. Violation of the provisions of Ch. 125, Wis. Stats.,
or this section shall be grounds for immediate suspension, revocation
or nonrenewal of the outdoor alcoholic beverage permit by the Village
Board.
A.
Procedure. Whenever the holder of any license under this article violates any portion of this article or Article II of this chapter, proceedings for the revocation of such license may be instituted in the manner and under the procedure established by this section.
B.
Abandonment of premises. Any licensee holding a license to sell alcoholic
beverages who abandons such business shall forfeit any right or preference
he/she may have to the holding of or renewal of such license. Abandonment
shall be sufficient grounds for revocation of any alcoholic beverage
license. The closing of the licensed premises for at least six months
shall be prima facie evidence of the abandonment, unless extended
by the Village Board. All persons issued a license to sell alcoholic
beverages in the Village for which a quota exists limiting the number
of such licenses that may be issued by the Village shall cause such
business described in such license to be operated on the premises
described in such license for at least 150 days during the terms of
such license, unless such license is issued for a term of less than
180 days, in which event this subsection shall not apply.
C.
License revocation or suspension.
(1)
Notice and hearing. Whenever a person holding a license to sell alcoholic
beverages has failed to maintain the premises according to standards
prescribed for sanitation, or in whose premises persons are permitted
to loiter for purposes of prostitution, or when the licensee has not
observed and obeyed any lawful order of the Village Board or police
officers of the Village, has violated Village ordinances, or for any
other good reason, the Village Board shall issue a summons, to be
signed by the Village Administrator, commanding the licensee complained
of to appear before a special committee designated by the Village
Board on a day and time and at a place named in the summons to show
cause why the license should not be revoked or suspended. Such summons
shall be served not less than three and not more than 10 days before
the time at which the licensee is commanded to appear and may be served
personally upon the licensee or the agent of the licensee or upon
the person in charge of the licensed premises. The complaint shall
be served with the summons and shall set forth the offense allegedly
committed, the date and place of said offense and the facts constituting
the alleged offense. If such licensee shall not appear as required
by the summons, the complaint shall be taken as true, and if the committee
deems its allegations sufficient, the committee shall recommend revocation
or suspension of the license as provided herein.
(2)
Procedure on hearing; effect of revocation.
(a)
The designated committee shall serve as a hearing agency for
the Village Board.
(b)
The Chairman of the Committee, or the Chair's designee, shall
conduct the hearing, administer oaths to all witnesses and may issue
subpoenas. So far as practicable, the rules of evidence provided in
§ 227.45, Wis. Stats., shall be followed. The complainant
shall have the burden of proving the charges to a preponderance of
the evidence. The licensee and the complainant may be represented
by counsel, may call and examine witnesses and cross-examine witnesses
of the other party. All proceedings and testimony shall be recorded
on tape and transcribed. If either party requests a stenographic recording
and transcription, the Village shall make the necessary arrangements,
but the expenses shall be borne by the requesting party. The Village
Administrator shall serve as Secretary to the Committee and shall
make and receive all exhibits admitted into the record.
(c)
Within 10 days of the completion of the hearing and filing of
briefs, if any, the Committee, upon the testimony and evidence presented
at the hearing, shall determine by simple majority vote of those present
whether the charges are true and, if so, submit a report to the Village
Board including its findings of fact, conclusions of law and a recommendation
as to what action, if any, the Village Board should take with respect
to the license. If the recommendation is to suspend the license, it
shall be for a period of not less than 10 days or more than 90 days.
Following the procedure above, the recommendation may be to revoke
the license. If the Committee determines that the charges are not
substantiated, it shall recommend to the Village Board that the complaint
be dismissed without cost to either party. The Committee's recommendation
shall be promptly filed with the Village Administrator. The Administrator
shall prepare five copies of the transcript of the proceedings, all
exhibits and the recommendation of the Committee.
(d)
At the regular meeting of the Village Board after the filing
of the Committee's recommendation, the Village Board shall act on
the recommendation and may reverse or modify any portion thereof by
a simple majority vote. The recommendation of the Committee shall
become the decision of the Village Board unless reversed or modified.
No further testimony or evidence shall be allowed before the Village
Board. Only those members of the Village Board who have certified
to the Village Administrator in writing that they have read the transcript,
exhibit and recommendation made shall be permitted to vote on the
matter. The Village Administrator shall make the said certifications
a part of the record. The decision of the Village Board shall be a
final determination for purposes of judicial review.
(e)
If the complaint is found to be true, the licensee shall pay
to the Village the actual cost of the proceedings. If the complaint
is found by the Village Board to be malicious and without probable
cause, the complainant shall pay the cost of the proceedings in the
same amount.
(f)
When a license is revoked, it shall be so entered of record
by the Village Administrator, and no other license shall be granted
to such licensee or for such premises for a period of 12 months from
the date of the revocation, nor shall any part of the money paid as
application fee for any license so revoked be refunded.
D.
Nonrenewal of license. The Village Attorney may, after investigation, commence an action before the Committee to hear evidence and make a recommendation to the Village Board that a license issued pursuant to this article not be renewed. The Chairman of the Committee shall, in writing, notify the licensee of the consideration of nonrenewal. Such notification shall be in the form of and shall serve as the summons and complaint and shall include a statement of the reasons for the consideration of the nonrenewal of the license in the same specificity required for a summons and complaint for revocation or suspension. If the license is recommended for nonrenewal, costs may be assessed against the licensee and any renewal application fee shall be forfeited. In all other respects, the provisions of Subsection C above shall apply. The commencement of this action shall stay action by the Village Board on the licensee's application until the Committee makes its recommendation.
E.
Other provisions. Any license issued pursuant to this article shall
be subject to such further regulations and restrictions as may be
imposed by the Village Board by amendment to this article or by the
enactment of new ordinances. If any licensee shall fail or neglect
to meet the requirements imposed by such new restrictions and regulations,
his/her license may be revoked in accordance with this section. In
case of revocation of any license for any violation of any provision
of this article in accordance with this section or by the Court or
for any reasonable cause except the imposition of new restrictions,
no refund shall be made of any part of the license fee.
F.
Revocation and suspension of license.
(1)
Upon conviction by any municipal court, or other court of competent
jurisdiction, a wholesale, retail or operator's license shall be awarded
demerit points as follows:
|
Type of Violation
|
Point Value
| |
|---|---|---|
|
Sale of alcohol without license or permit; sale of controlled
substance on premises
|
100
| |
|
Sale of alcohol to underage person
|
50
| |
|
Sale of alcohol to intoxicated person
|
50
| |
|
Underage person on premises
|
50
| |
|
Intoxicated bartender; disorderly conduct on premises
|
50
| |
|
After-hours consumption
|
50
| |
|
Refusal to allow police to search premises or refusal to cooperate
with lawful police investigation
|
50
| |
|
Licensee, agent or operator not on premises at all times
|
25
| |
|
Persons on premises after closing hours
|
25
| |
|
Violation of carry-out hours
|
25
| |
|
All other violations of this article
|
25
|
(2)
Upon conviction, demerit points shall be awarded retroactive to the
date of violation.
(a)
If 200 demerit points are accumulated in a twelve-month period, the
Village Board shall suspend the license for a period of 10 days.
(b)
If 250 demerit points are accumulated in a twenty-four-month period,
the Village Board shall suspend the license for a period of 30 days.
(c)
If 300 demerit points are accumulated in a thirty-six-month period,
the Village Board shall suspend the license for a period of 90 days.
(3)
Demerit points are accumulated for each wholesale, retail or operator's
license as results from a conviction for a municipal code violation
or a state law violation under the terms and conditions of this article.
The actual demerit points are assessed upon entry of judgment and
either expiration of the appeal period thereafter or the expiration
of any appeal and where the results of the appeal sustain the Village's
conviction of the holder of the wholesale, retail or operator's license.
(4)
Each wholesale, retail or operator's license issued under this article
shall stand revoked without further proceedings upon any conviction
in Municipal Court or any other court of competent jurisdiction (and
no reversal thereof upon appeal) of either the licensed holder or
any employee or agent or representative thereof resulting in an accumulation
of 350 demerit points within a forty-eight-month period, or for similar
violations and subsequent conviction of Ch. 125 or 139, Wis. Stats.,
or any other federal or state liquor or fermented malt beverage law.
Any violation and subsequent conviction by the holder of the wholesale,
retail or operator's license of an offense under Ch. 125 or 139, Wis.
Stats., or any other federal or state liquor or fermented malt beverage
law, shall be considered a violation and conviction under this subsection
and shall result in the accumulation of demerit points.
A.
Use standard. Under the authority of § 125.10, Wis. Stats.,
as amended from time to time, each and every holder of a Class "B"
combination license shall be required to keep the licensed premises
open for operation a minimum of five days per week throughout the
term of the license (except that the licensed premises may be closed
for remodeling from time to time, and except that the licensed premises
may be closed for reasonable periods of time when the owner/operator
thereof takes vacation; periods of remodeling shall be an exception
so long as remodeling is actively pursued during the period when the
licensed premises is closed).
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," "Class B" or Class
"B" license unless he/she shall possess an operator's license or unless
he/she 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.
[Amended 3-5-2012 by Ord.
No. 3-2012; 5-4-2020 by Ord. No. 1-2020]
(1)
The Village Administrator or designee may issue an operator's license,
which license shall be granted only upon application in writing on
forms to be obtained from the Village Administrator or designee only
to persons 18 years of age or older. Operator's licenses shall be
operative only within the limits of the Village.
(2)
All applicants are subject to an investigation by the Fox Valley
Metro Police Department and/or other appropriate authority to determine
whether the applicant and/or premises to be licensed complies with
all regulations, ordinances and laws applicable thereto. The investigating
authority shall conduct an investigation of the applicant, including,
but not limited to, requesting information from the state, surrounding
municipalities, and/or any community where the applicant has previously
resided concerning the applicant's arrest and conviction record. Based
upon such investigation, the investigating authority shall recommend,
in writing, to the Village Administrator or designee approval or denial
of the application. If the investigating authority recommends denial,
the investigating authority shall provide, in writing, the reasons
for such recommendation.
C.
Duration.
Licenses issued under the provisions of this section shall be valid
for a period of one year or two years and shall expire on the 30th
day of June.
D.
Operator's
license fee; provisional license.
[Amended 3-5-2012 by Ord.
No. 3-2012; 5-4-2020 by Ord. No. 1-2020]
(1)
Fee. The fees for an operator's license for a two-year term or part
thereof, for a term of one year or part thereof, and for a provisional
license shall be as stated in the Village of Kimberly Fee Schedule.
(2)
Provisional license. The Village Administrator or designee may issue
provisional operator's licenses in accordance with § 125.17(5),
Wis. Stats. The provisional operator's license shall expire 60 days
after its issuance or when an operator's license is issued to the
holder, whichever is sooner. The Village Administrator or designee
may, upon receiving an application for a provisional license, issue
such a license without requiring the successful completion of the
approved training course as described in § 125.17(6), Wis. Stats.
However, such provisional license shall be used only for the purpose
of allowing such applicant the privilege of being licensed as a beverage
operator pending his/her successful completion of the training course.
A provisional license may not be issued to any person who has been
denied an operator's license by the Village Administrator or designee
or who has had his/her operator's license revoked or suspended within
the preceding 12 months. The Village Administrator or designee may
revoke the provisional license issued if he/she discovers that the
holder of the license made a false statement on the application.
E.
Issuance.
The Village Administrator or designee shall issue the license. Such
licenses shall give the applicant's name and address and the date
of the expiration of such license.
[Amended 5-4-2020 by Ord. No. 1-2020]
F.
Display
of license. Each license issued under the provisions of this section
shall be posted on the premises whenever the operator dispenses beverages,
or the operator shall have a license card in his/her possession.
G.
Revocation
of operator's license. Violation of any of the terms or provisions
of the state law or of this article 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 (5) and 125.09(2), Wis. Stats., adopted by reference in § 308-1 of this article 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.
[Adopted 10-3-1988 as Title 11, Ch. 5, of the 1988 Code]
A.
Alcoholic beverages in public areas.
(1)
Regulations. It shall be unlawful for any person to sell, serve or
give away, or offer to sell, serve or give away, any alcoholic beverage
upon any public street, sidewalk, alley, public parking lot, highway,
cemetery or drives or other public area within the Village or on private
property without the owner's consent, except at licensed premises.
It shall be unlawful for any person to consume or have in his possession
any open container containing alcoholic beverage upon any public street,
public sidewalk, public way, public alley or public parking lot or
outside a designated picnic area within the Village except at licensed
premises.
(2)
Parks. It shall be unlawful for any person to drink or have in his
possession any alcoholic beverage in any Village park between the
hours of 11:00 p.m. and 6:00 a.m. except at licensed premises.
(3)
Private property held out for public use. It shall be unlawful for
any person to consume any alcoholic beverages upon any private property
held open for public use within the Village unless the property is
specifically named as being part of a licensed premises.
(4)
Leaving licensed premises with open container.
(a)
It shall be unlawful for any licensee, permittee or operator
to permit any patron to leave the licensed premises with an open container
containing any alcoholic beverage.
(b)
It shall be unlawful for any patron to leave a licensed premises
with an open container containing any alcoholic beverage.
(5)
Picnic beer permits for parks.
(a)
It shall be unlawful for any group of persons which exceeds
20 to consume any alcoholic beverages in any park areas without first
obtaining a picnic beer permit from the village. The picnic beer permits
shall be issued by the Administrator with a copy of the permit sent
to the Chief of Police.
(c)
The sale of fermented malt beverages from remote sites, that
is, other than the main point-of-sale facility, shall be prohibited
after the hour of 9:00 p.m.
(6)
Exceptions.
(a)
The provisions of this section may be waived by the Village
Board for duly authorized events, specifically for authorized block
parties.
(7)
Sunset
Beach. It shall be unlawful for any person to drink or have in his
possession any alcoholic beverages at Sunset Beach Swimming Facility.
[Added 5-7-2012 by Ord. No. 4-2012]
B.
ALCOHOLIC BEVERAGE
PUBLIC AREA
UNDERAGE PERSON
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Includes all ardent, spirituous, distilled or vinous liquors,
liquids or compounds, whether medicated, proprietary, patented or
not, and by whatever name called, as well as all liquors and liquids
made by the alcoholic fermentation of an infusion in potable water
of barley malt and hops, with or without unmalted grains or decorticated
or degerminated grains or sugar, which contain 1/2 of 1% or more of
alcohol by volume and which are fit for use for beverage purposes.
Any location within the Village which is open to access to
persons not requiring specific permission of the owner to be at such
location, including all parking lots serving commercial establishments.
Any person under the legal drinking age, as defined by the
Wisconsin Statutes.[2]
[Amended 3-5-2012 by Ord. No. 3-2012]
A.
Persons of legal drinking age.
(1)
Any person who has attained the legal drinking age who makes, alters
or duplicates an official identification card may be fined not less
than $50 nor more than $500.
(2)
Any person who has attained the legal drinking age who, in applying
for an identification card, presents false information to the issuing
officer may be fined not less than $50 nor more than $100.
B.
Underage with false identification. Any underage person who does
any of the following is subject to the penalties specified under § 343.30(6)(b),
Wis. Stats.:
(1)
Intentionally carries an official identification card not legally
issued to him or her, an official identification card obtained under
false pretenses or an official identification card which has been
altered or duplicated to convey false information. A law enforcement
officer shall confiscate any card that violates this subsection.
(2)
Makes, alters or duplicates an official identification card.
A.
No adult may knowingly permit or fail to take action to prevent the
illegal consumption of alcoholic beverages by an underage person on
premises owned by the person or under the person's control. This subsection
does not apply to alcoholic beverages used exclusively as part of
a religious service.
B.
No adult may intentionally encourage or contribute to a violation
of Ch. 125, Wis. Stats., pertaining to underage use.
[Amended 3-5-2012 by Ord. No. 3-2012]
C.
A person who violates this section is subject to a forfeiture of
not more than $200.
Any licensee, permittee or bartender of a retail alcoholic beverage
establishment covered by a license or permit issued by the Village
who permits an entertainer or an employee to solicit a drink of any
alcoholic beverage defined in § 125.02(1), Wis. Stats.,
or any other drink from a customer on the premises, or any entertainer
or employee who solicits such drinks from any customer is deemed in
violation of this section.
