[HISTORY: Adopted by the Village Board of the Village of
Belleville as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Title 7, Ch. 2, of the 1994 Code]
[Amended 6-16-2014 by Ord. No. 2014-06-01]
The provisions of Ch. 125, Wis. Stats., 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 alcohol beverage control.
[Amended 9-17-2012 by Ord. No. 2012-09-01]
As used in this article, the terms "alcohol beverages," "intoxicating
liquor," "principal business," "legal drinking age," "premises," "sell,"
"sold," "sale," "restaurant," "club," "retailer," "person," "fermented
malt beverages" and "wholesaler" shall have the meaning 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.
A.
Retail "Class A" intoxicating liquor license. A retail "Class A"
intoxicating liquor license, when issued by the Village Clerk/Treasurer
under the authority of the Village Board, shall permit its holder
to sell, deal and traffic in intoxicating liquors only in original
packages or containers and to be consumed off the premises so licensed.
B.
Retail "Class B" intoxicating liquor license. A retail "Class B"
intoxicating liquor license, when issued by the Village Clerk/Treasurer
under the authority of the Village Board, shall permit its holder
to sell, deal and traffic in intoxicating liquors to be consumed by
the glass only on the premises so licensed and in the original package
or container, in multiples not to exceed four liters at any one time,
to be consumed off the premises, except that wine may be sold in the
original package or otherwise in any other quantity to be consumed
off the premises.
C.
Class "A" fermented malt beverage retailer's license. A Class
"A" fermented malt beverage retailer's license, when issued by the
Village Clerk/Treasurer under the authority of the Village Board,
shall entitle the holder thereof to possess, sell or offer for sale
fermented malt beverages only for consumption away from the premises
where sold and in the original packages, containers or bottles. Such
license may be issued after July 1. The license shall expire on the
following June 30.
D.
Class "B" fermented malt beverage retailer's license.
(1)
License. A Class "B" fermented malt beverage retailer's license,
when issued by the Village Clerk/Treasurer under the authority of
the Village Board, shall entitle the holder thereof to possess, sell
or offer for sale fermented malt beverages to be consumed either 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. Such license
may be issued after July 1. The license shall expire on the following
June 30.
(2)
Application. Class "B" licenses may be issued to any person qualified
under § 125.04(5), Wis. Stats. Such licenses may not be
issued to any person acting as agent for or in the employ of another,
except that this restriction does not apply to a hotel or restaurant
which is not a part of or located on the premises of any mercantile
establishment, or to a bona fide club, society or lodge that has been
in existence for at least six months before the date of application.
A Class "B" license for a hotel, restaurant, club, society or lodge
may be issued in the name of an officer who shall be personally responsible
for compliance with this article. Class "B" licenses may not be issued
to brewers or fermented malt beverage wholesalers.[1]
E.
Temporary Class "B" fermented malt beverage license.
(1)
License. As provided in § 125.26(1) and (6), Wis. Stats.,
temporary Class "B" fermented malt beverage licenses may be 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 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. 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 fermented malt beverages
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 fermented malt beverages
from the stands while the fair is being held. Such license is valid
for dates as approved by the Village Board.
(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/Treasurer
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"
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.
F.
Temporary "Class B" wine license.
(1)
License. Notwithstanding § 125.68(3), Wis. Stats., temporary
"Class B" licenses may be 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" 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 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 from
the stands while the fair is being held.[2]
(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/Treasurer
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.
G.
Wholesaler's license. A wholesaler's fermented malt beverage
license, when issued by the Village Clerk/Treasurer under authority
of the Village Board, shall entitle the holder thereof to possess,
sell or offer for sale fermented malt beverages only in original packages
or containers to dealers, not to be consumed in or about the premises
of said wholesaler.
H.
Retail "Class C" license.
(1)
In this subsection "barroom" means a room that is primarily used
for the sale or consumption of alcohol beverages.
(2)
A "Class C" license authorizes the retail sale of wine by the glass
or in an opened original container for consumption on the premises
where sold.
(3)
A "Class C" license may be issued to a person qualified under § 125.04(5),
Wis. Stats., for a restaurant in which the sale of alcohol beverages
accounts for less than 50% of gross receipts and which does not have
a barroom or for a restaurant in which the sale of alcohol beverages
accounts for less than 50% of gross receipts and which has a barroom
in which wine is the only intoxicating liquor sold. A "Class C" license
may not be issued to a foreign corporation, a foreign limited liability
company or a person acting as agent for or in the employ of another.[3]
(4)
A "Class C" license shall particularly describe the premises for
which it is issued.
I.
Reserve "Class B" intoxicating liquor license. Reserve "Class B"
intoxicating liquor license has the meaning set forth in § 125.51(4)(a)4,
Wis. Stats. A reserve "Class B" intoxicating liquor license, when
issued by the Village Clerk/Treasurer under authority of the Village
Board, shall permit its holder to sell, deal and traffic in intoxicating
liquors to be consumed by the glass only on the premises so licensed
and in the original package or container, in multiples not to exceed
four liters at any one time, to be consumed off the premises, except
that wine may be sold in the original package or otherwise in any
other quantity to be consumed off the premises.
[Added by Ord. No. 1998-10-06]
There shall be the following classes of licenses which, when issued by the Village Clerk/Treasurer under the authority of the Village Board after payment of the license fee and publication costs hereinafter specified, shall permit the holder to sell, deal or traffic in intoxicating liquors or fermented malt beverages as provided in § 320-4 of this article and Ch. 125, Wis. Stats.:
A.
Class "A" fermented malt beverages retailer's license. The annual
fee for this license shall be as prescribed in the Village Fee Schedule.
The fee for a license for less than 12 months shall be prorated according
to the number of months or fraction thereof for which the license
is issued.
B.
Class "B" fermented malt beverage retailer's license. The annual
fee for this license shall be as prescribed in the Village Fee Schedule.
This license may be issued at any time for six months in any calendar
year, for which 50% of the applicable license fee shall be paid, but
such license shall not be renewable during the calendar year in which
issued. The fee for a license for less than 12 months shall be prorated
according to the number of months or fraction thereof for which the
license is issued.
C.
Temporary Class "B" fermented malt beverage license. The fee for
this license shall be as prescribed in the Village Fee Schedule per
event.
D.
Temporary "Class B" wine license. The fee for this license shall
be as prescribed in the Village Fee Schedule per event. However, there
shall be no fee if the temporary wine license is obtained along with
a temporary fermented malt beverage license.
E.
Fermented malt beverage wholesaler's license. The annual fee
for this license shall be as prescribed in the Village Fee Schedule.
F.
"Class A" intoxicating liquor retailer's license. The annual
fee for this license shall be as prescribed in the Village Fee Schedule.
G.
"Class B" intoxicating liquor retailer's license. The annual
fee for this license shall be as prescribed in the Village Fee Schedule.
This license may be issued at any time for six months in any calendar
year, for which 50% of the applicable license fee shall be paid, but
such license shall not be renewable during the calendar year in which
issued.
H.
"Class C" wine license. The annual fee for this license shall be
as prescribed in the Village Fee Schedule. The fee for less than 12
months shall be prorated.
I.
Reserve "Class B" intoxicating liquor license.
[Added by Ord. No. 1998-10-06]
(1)
The annual fee for a reserve "Class B" intoxicating liquor license shall be the same as the annual fee for a "Class B" intoxicating liquor license as prescribed in Subsection G. An applicant for a reserve "Class B" intoxicating liquor license shall pay an initial issuance fee of $10,000, except that this initial issuance fee shall not be required for an initial issuance of a reserve "Class B" intoxicating liquor license to a bona fide club or lodge situated and incorporated in the state for at least six years.
(2)
Grants
for certain reserve "Class B" intoxicating liquor licenses.
(a)
The Village of Belleville hereby finds that it is in the interests
of the public welfare to increase the property tax base, provide employment
opportunities, attract tourists and generally enhance the economic
and cultural climates of the community by providing additional economic
incentive for new businesses with liquor licenses.
(b)
After the grant of any new reserve "Class B" license and payment
of the initial issuance fee of $10,000, the applicant may file an
application for an economic development grant of $10,000 with the
Clerk/Treasurer. The Clerk/Treasurer shall determine whether the licensee
is operating in compliance with the approved license. If the Clerk/Treasurer
determines that the licensee is not in compliance with the approved
license, no economic development grant may be authorized and the Clerk/Treasurer
shall make such finding in writing and cause to be delivered a copy
of the findings to the licensee. If the licensee disagrees with the
Clerk/Treasurer's determination, the licensee may file a written
notice of appeal upon the Clerk/Treasurer within 10 calendar days
of the delivery of the written notice of the Clerk/Treasurer's
findings. Upon receiving such notice from the licensee, the Clerk/Treasurer
shall forward said notice to the Village Board, which shall hold a
hearing thereon. The Village Board may affirm or reverse the Clerk/Treasurer's
determination. If the Clerk/Treasurer's determination is affirmed,
appeal may be taken to the Circuit Court. If the Clerk/Treasurer's
determination is reversed, the Clerk/Treasurer shall authorize the
payment of the economic development grant.[1]
A.
Contents. Application for a license to sell or deal in intoxicating
liquor or fermented malt beverages shall be made in writing on the
form prescribed by the Wisconsin Department of Revenue and shall be
sworn to by the applicant as provided by §§ 887.01
to 887.03, Wis. Stats., and shall be filed with the Village Clerk/Treasurer
not less than 15 days prior to the granting of such license. The premises
shall be physically described, to include every room and storage space
to be covered by the license, including all rooms not separated by
a solid wall or joined by connecting entrances.
B.
Corporations. Such application shall be filed and sworn to by the
applicant, if an individual, or by the president or secretary, if
a corporation.
C.
Publication. The Village Clerk/Treasurer shall publish each application
for a Class "A," Class "B," "Class A," "Class B" or "Class C" license.
There is no publication requirement for temporary Class "B" picnic
beer licenses under § 125.26, Wis. Stats., or temporary
"Class B" picnic wine licenses under § 125.51(10), Wis.
Stats. The application shall be published once in the official Village
newspaper, and the costs of publication shall be paid by the applicant
at the time the application is filed, as determined under § 985.08,
Wis. Stats.
D.
Amending application. Whenever anything occurs to change any fact
set out in the application for 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. Retail intoxicating liquor and fermented malt beverage
licenses issued by the Village Board shall be limited in number to
the quota prescribed by state law.
A.
Residency requirement. A retail Class "A" or Class "B" fermented
malt beverage or "Class A" or "Class B" intoxicating liquor license
shall be granted only to persons who are citizens of the United States
and who have been residents of the State of Wisconsin continuously
for at least 90 days prior to the date of the application.
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 or 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. Licenses related to alcohol beverages shall only
be granted to persons who have attained the legal drinking age.
E.
Corporate restrictions.
(1)
No license or permit may be issued to any corporation unless the
corporation meets the qualifications under § 125.04(5)(a)1
and 4 and (b), Wis. Stats., unless the agent of the corporation appointed
under § 125.04(6), Wis. Stats., and the officers and directors
of the corporation meet the qualifications of § 125.04(5)(a)1
and 3 and (b), Wis. Stats., and unless the agent of the corporation
appointed under § 125.04(6), Wis. Stats., meets the qualification
under § 125.04(5)(a)2, Wis. Stats. The requirement that
the corporation meet the qualifications under § 125.04(5)(a)1
and (b), Wis. Stats., does not apply if the corporation has terminated
its relationship with all of the individuals whose actions directly
contributed to the conviction.
(2)
Each corporate applicant shall file with its application for such
license a statement by its officers showing the names and addresses
of the persons who are stockholders together with the amount of stock
held by such person or persons. It shall be the duty of each corporate
applicant and licensee to file with the Village Clerk/Treasurer a
statement of transfers of stock within 48 hours after such transfer
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.
F.
Sales tax qualification. All applicants for retail licenses shall
provide proof, as required by § 77.61(11), Wis. Stats.,
that they are in good standing for sales tax purposes (i.e., hold
a seller's permit) before they may be issued a license.
G.
Connecting premises. Except in the case of hotels, no person may
hold both a "Class A" license and either a "Class B" license or permit,
a Class "B" license or permit, or a "Class C" license for the same
premises or for connecting premises. Except for hotels, if either
type of license or permit is issued for the same or connecting premises
already covered by the other type of license or permit, the license
or permit last issued is void. If both licenses or permits are issued
simultaneously, both are void.
H.
Limitations on other business; Class "B" premises. No Class "B" license
or permit may be granted for any premises where any other business
is conducted in connection with the premises, except that this restriction
does not apply if the premises for which the Class "B" license or
permit is issued is connected to premises where other business is
conducted by a secondary doorway that serves as a safety exit and
is not the primary entrance to the Class "B" premises. No other business
may be conducted on premises operating under a Class "B" license or
permit. These restrictions do not apply to any of the following:
(1)
A hotel.
(2)
A restaurant, whether or not it is a part of or located in any mercantile
establishment.
(3)
A combination grocery store and tavern.
(4)
A combination sporting goods store and tavern in towns, villages
and fourth-class cities.
(5)
A combination novelty store and tavern.
(6)
A bowling alley or recreation premises.
(7)
A club, society or lodge that has been in existence for six months
or more prior to the date of filing application for the Class "B"
license or permit.
The Village Clerk/Treasurer shall notify the Chief of Police,
Fire Inspector and Building Inspector 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 Clerk/Treasurer 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.
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.
B.
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 applicable
to restaurants. The premises must be properly lighted and ventilated,
must be equipped with separate sanitary toilet and lavatory facilities
equipped with running water for each sex and must conform to all ordinances
of the Village.[1]
C.
Consideration for the granting or denial of a license will be based
on:
(1)
Arrest and conviction record of the applicant, subject to the limitations
imposed by §§ 111.321, 111.322, and 111.335, Wis. Stats.;
(2)
The financial responsibility of the applicant;
(3)
The appropriateness of the location and the premises where the licensed
business is to be conducted; and
(4)
Generally, the applicant's fitness for the trust to be reposed.
D.
An application may be denied based upon the applicant's arrest
and conviction record if the applicant has been convicted of a felony
(unless duly pardoned) or if the applicant has habitually been a law
offender. For purposes of this licensing procedure, "habitually been
a law offender" is generally considered to be an arrest or conviction
of at least two offenses which are substantially related to the licensed
activity within the five years immediately preceding the license application.
Because a license is a privilege, the issuance of which is a right
granted solely to the Village Board, the Village Board reserves the
right to consider the severity and facts and circumstances of the
offense when making the determination to grant, deny or not renew
a license. Further, the Board, at its discretion, may, based upon
an arrest or conviction record of two or more offenses which are substantially
related to the licensed activity with the five years immediately preceding,
act to suspend such license for a period of one year or more.
A.
Opportunity shall be given by the governing body to any person to
be heard for or against the granting of any license. Upon the approval
of the applicant by the Village Board, the Village Clerk/Treasurer
shall issue to the applicant a license, upon payment by the applicant
of the license fee to the Village.[1]
B.
If the Village Board denies the license, the applicant shall be notified
in writing, by registered mail or personal service, of the reasons
for the denial. The notice shall also inform the applicant of the
opportunity to appear before the Village Board and to provide evidence
as to why the denial should be reversed. In addition, the notice shall
inform the applicant that the reconsideration of the application shall
be held in closed session, pursuant to § 19.85(1)(b), Wis.
Stats., unless the applicant requests that such reconsideration be
held in open session and the Village Board consents to the request.
Such written notice shall be mailed or served upon the applicant at
least 10 days prior to the Village Board meeting at which the application
is to be reconsidered.
A.
In accordance with the provisions of § 125.04(12), Wis.
Stats., a license shall be transferable from one premises to another
if such transfer is first approved by the Village Board. An application
for transfer shall be made on a form furnished by the Village Clerk/Treasurer.
Proceedings for such transfer shall be had in the same form and manner
as the original application. The fee for such transfer shall be as
prescribed in the Village Fee Schedule. Whenever a license is transferred,
the Village Clerk/Treasurer 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.[1]
B.
Whenever the agent of a corporate holder of a license is for any
reason replaced, the licensee shall give the Village Clerk/Treasurer
written notice of said replacement, the reasons therefor and the new
appointment. Until the next regular meeting or special meeting of
the Village Board, the successor agent shall have the authority to
perform the functions and be charged with the duties of the original
agent. However, said license shall cease to be in effect upon receipt
by the Village Clerk/Treasurer of notice of disapproval of the successor
agent by the Wisconsin Department of Revenue or other 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.
C.
Whenever any licensee under this article does not conduct his or
her licensed business at the authorized location for a period of 180
consecutive days, the license shall become subject to revocation or
nonrenewal, unless such one-hundred-eighty-day period shall, for good
cause shown, be extended by the Village Board.
[Amended by Ord. No. 1996-10-02]
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" and "Class B" licenses
granted hereunder shall be granted subject to the following conditions
and all other conditions of this article and subject to all other
ordinances and regulations of the Village applicable thereto:
A.
Consent to entry. Every applicant procuring a license thereby consents
to the entry of 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. Except as otherwise provided in §§ 125.32(2)
and 125.68(2), Wis. Stats., no retail "Class B" or Class "B" 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 alcohol beverages.[1]
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," 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 fermented
malt beverages to customers. No person other than the licensee shall
serve fermented malt beverages in any place operated under a "Class
B," Class "B" or "Class C" license unless he or 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
State Department of Health Services governing sanitation in restaurants
shall apply to all "Class B" liquor or "Class C" 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.[2]
F.
Restrictions near schools and churches. No retail Class "A," Class
"B," "Class A" or "Class B" license shall be issued for premises,
the main entrance of which is less than 300 feet from the main entrance
of any established public school, parochial school, hospital or church.
Such distance shall be measured by the shortest route along the highway
from the closest point of the main entrance of such school, church
or hospital to the main entrance to such premises. This subsection
shall not apply to premises licensed as such on June 30, 1947, nor
shall it apply to any premises licensed as such prior to the occupation
of real property within 300 feet thereof by any school building, hospital
building or church building.
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. Except as authorized by state law, 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, wine, or fermented malt beverage licensee
shall sell or offer for sale any alcohol 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 alcohol 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 alcohol 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.
Closing hours shall be established in conformance with §§ 125.32(3)
and 125.68(4), Wis. Stats., and further restricted as follows:
A.
No premises for which a retail "Class B" liquor, Class "B" fermented
malt beverage, or "Class C" wine license has been issued shall be
permitted to remain open for the sale of liquor or fermented malt
beverages or for any other purpose between the hours of 2:00 a.m.
and 6:00 a.m., Monday through Friday, and 2:30 a.m. and 6:00 a.m.,
Saturday and Sunday. There shall be no closing hours on January 1.
B.
Hotels and restaurants, the principal business of which is the furnishing of food or lodging to patrons, bowling alleys, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but shall not sell liquor or malt beverages during the closing hours of Subsection A above.
C.
Carry-out hours. Between 9:00 p.m. and 6:00 a.m., no person may sell,
remove, carry out or permit to be removed or carried out from any
premises having a "Class A" or Class "A" license fermented malt beverages
or intoxicating liquor in original unopened packages, containers or
bottles or for consumption away from the premises.
It shall be unlawful for any person or organization on a temporary
basis to sell or offer to sell any alcohol beverage upon any Village-owned
property or privately owned property within the Village of Belleville,
except through the issuance of a temporary Class "B" fermented malt
beverage license or temporary "Class B" wine license issued by the
Village Board in accordance with Wisconsin Statutes and as set forth
in this section. A temporary Class "B" fermented malt beverage license
or temporary "Class B" wine license authorizing the sale and consumption
of beer and/or wine on Village-owned property or privately owned property
may be authorized by the Village Board, provided that 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 Article II of this chapter. Members of an organization which is issued a temporary license and who are issued operators' licenses for the event may be required to attend a pre-event informational meeting to learn what rules and regulations apply and what the responsibilities of the bartenders and organization will be.
B.
Posting of signs and licenses. All organizations issued a temporary
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.
(1)
If necessary due to the physical characteristics of the site, the
Village Board may require that organizations install a double fence
around the main point of sale to control ingress and egress and continually
station a licensed operator, security guard or other competent person
at the entrance for the purpose of checking age identification. Where
possible, there shall be only one point of ingress and egress. When
required, the double fence shall be a minimum of four feet high and
a minimum of six feet between fences.
(2)
For indoor events, the structure used shall have suitable exits and
open spaces to accommodate anticipated attendance. It should contain
adequate sanitary facilities to accommodate the size of the group.
D.
Underage persons prohibited. No underage person as defined by the
Wisconsin Statutes shall be allowed to assist in the sale of fermented
malt beverages or wine at any point of sale, unless such person has
an operator's license, nor shall underage persons be allowed to loiter
or linger in the area of any point of sale.[1]
E.
Licensed operator requirement. A licensed operator shall be stationed
at all points of sales at all times.
F.
Waiver. The Village Board may waive or modify the requirements of
this section due to the physical characteristics of the licensed site.
G.
Insurance. The applicant for a temporary fermented malt beverage
or wine 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 license,
the applicant may be required to furnish a certificate of comprehensive
general liability insurance to the Village of Belleville. The applicant
may be required to furnish a performance bond prior to being granted
the license.
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 alcohol
beverages who abandons such business shall forfeit any right or preference
he or she may have to the holding of or renewal of such license. Abandonment
shall be sufficient grounds for revocation of any alcohol beverages
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 alcohol
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. License revocation or suspension
procedures shall be as prescribed by Ch. 125, Wis. Stats.
The presence of underage persons on a licensed premises as provided
under § 125.07(3)(a)10, Wis. Stats., shall be subject to
the following:
A.
The licensee or agent of a corporate licensee shall notify the Police
Department at least 48 hours in advance of the date of any event at
which underage persons will be present on the licensed premises. Each
such nonalcohol event notice shall specify the date(s) on which the
event is to occur and the time(s) of commencement. All notices shall
be filed with the Police Department during normal working hours (8:00
a.m. to 5:00 p.m., Monday through Friday) and shall be given on forms
prescribed by the Village. After a nonalcohol event notice has been
given, the licensee may cancel an event(s) only by giving like notice
to the Police Department in accordance with the provisions of this
subsection. Regardless of the date given, all notices shall expire
and be deemed cancelled no later than the date of expiration or revocation
of the applicable retail Class "B" or "Class B" license.
B.
During the period of any nonalcohol event, a notice card prescribed
by the Police Department shall be posted at all public entrances to
the licensed premises notifying the general public that no alcohol
beverages may be consumed, sold or given away on or carried into the
licensed premises during the event. Such notice cards shall be made
available by the Village to a requesting licensee.
C.
Once a nonalcohol event has commenced, no alcohol beverages may be
consumed, sold or given away on or carried into the licensed premises
until the next day following the closing hours of the licensed premises.
D.
During the period of any nonalcohol event all alcohol beverages shall
be stored in a locked portion of the licensed premises in a secure
place out of the sight and physical reach of any patron present and
shall be under the direct and immediate control and supervision of
the licensee or a licensed bartender in the employ of the licensee.
All beer taps and automatic dispensers of alcohol beverages ("speed
guns") shall be either disconnected, disabled or made inoperable.
[Added 9-7-2010 by Ord. No. 2010-06-11]
A.
Required for outdoor consumption. No licensee shall permit the consumption
of alcohol beverages on any part of a licensed premises not enclosed
within the building, except under permit granted by the Village Board.
The permits are a privilege in which no rights vest and therefore
may be revoked by the Village Board pursuant to state statutes or
shall otherwise expire on June 30 of each year. No person shall consume
or have in his or her possession alcohol beverages on any unenclosed
part of a licensed premises which is not described in a valid beer
garden permit.
B.
Limitations on issuance of beer garden permits. Each applicant for
a beer garden permit shall accurately describe the area intended for
use as a beer garden and shall indicate the nature of fencing or other
measures intended to provide control over the operation of the beer
garden. It is the purpose of proper fencing in the beer garden area
to prohibit or significantly restrict the ease in which alcohol beverages
may be passed from within the beer garden area to anyone outside the
beer garden.
(1)
Every beer garden shall be completely surrounded by an attractive
wall, permanent fence or barrier not less than six feet in height
but which may not exceed 10 feet. For open decks, lattice will be
required from the deck floor to the railing. The gate(s) or exit(s)
shall be a minimum of three feet wide and be the same height as that
required of the beer garden fence, shall swing to egress, and shall
swing free and clear of public sidewalks. The fence shall have a gate
with a self-closing latch which cannot be operated from the outside
by anyone other than authorized personnel. The beer garden fence shall
comply with all regulations regarding vision clearance along with
required distance from corner. The beer garden fence shall contain
the required fire exit(s) and shall be equipped with a locking system
that meets fire codes. The fenced area shall be designed so that the
public can access it only from inside the building. The access between
the outdoor area and the building shall not be the sole handicapped
accessible entrance to the building. The enclosure must receive initial
approval from the Plan Commission and must meet applicable facade
requirements.
[Amended 9-17-2012 by Ord. No. 2012-09-01]
(2)
Lighting of the area must be shielded and not be of intensity or
brilliance to create glare which is distracting to adjoining property
owners or can become a hazard or danger to vehicular traffic.
(3)
No open flames may be displayed unless approved by the Village of
Belleville Fire Department.
(5)
One informational sign regarding rules on usage of the area shall
be posted on each wall. Signage text must use a minimum of forty-eight-point
bold font.
(6)
Use of the beer garden is prohibited after 12:00 midnight, at which
time all access must be secured.
[Amended 11-17-2014 by Ord. No. 2014-11-01]
(7)
There shall be a licensed operator within the beer garden at any
time that alcohol is being served in the garden.
(8)
The beer garden shall be attached to the main business premises and
access to the outdoor premises shall only be allowed through the main
building.
(9)
All other Village ordinances, including those relating to littering,
noise or drinking of intoxicants, where prohibited, shall be observed.
Waste containers must be provided for cigarette butts.
C.
Permits. All applicable permits required shall be obtained and submitted.
[Amended 11-1-2010 by Ord. No. 2010-11-02]
D.
Inspection. The beer garden shall be inspected annually by the Village
of Belleville Building Inspector, Police Department and the Fire Department.
[Amended 11-17-2014 by Ord. No. 2014-11-01]
E.
Permit fee and term. The fee for a beer garden permit is required
at time of application. The permit fee shall be as prescribed in the
Village Fee Schedule, and the permit shall have a term of one year
commencing on July 1 and expiring June 30 of each year. If granted
subsequent to July 1 in any given year, the permit shall expire on
June 30 after issuance. The fee is nonrefundable.
[Amended 9-17-2012 by Ord. No. 2012-09-01]
F.
Adjoining property owners to be notified of pendency of applications.
All property owners within 100 feet of the premises in which the proposed
beer garden is attached shall be notified of the pendency application
for a beer garden permit by first-class mail. No permits shall be
issued unless the application is received a minimum of 15 days prior
to the granting of the permit.
G.
State statutes enforced within beer garden. Every permittee under
this article shall comply with and enforce all provisions of Ch. 125,
Wis. Stats., applicable to Class "B" licensed premises, except insofar
as such provisions are clearly inapplicable. Violation of the provisions
of Ch. 125, Wis. Stats., shall be grounds for revocation of the beer
garden permit by the Village Board.
H.
This section does not limit the Village Board's authority to
refuse/permit outdoor areas for service and consumption of alcohol
or fermented malt beverages in individual cases even if the license
holder meets the above-mentioned conditions. This policy is not intended
to create a vested right for the benefit of "Class B" or Class "B"
license holders.
I.
Failure to abide by the terms and conditions may result in the termination of the right to serve food or fermented malt or other alcohol beverages in a beer garden. The Village reserves the right to take further steps in case of repeated violations, including termination of a violator's "Class B" or Class "B" alcohol or fermented malt beverage license. The Village may also impose a forfeiture as provided in § 320-22 of this article per violation of this section.
[Amended 9-17-2012 by Ord. No. 2012-09-01]
[Added 9-7-2010 by Ord. No. 2010-06-12]
A.
For purposes of this section, the term "sidewalk cafe" shall mean
that portion of a restaurant/tavern that is immediately adjacent to
and extends out onto a public sidewalk. Areas of the public right-of-way
immediately abutting the restaurant/tavern, excluding any area required
for use by pedestrians and vehicular traffic, may be permitted to
supplement sidewalk cafe uses as temporary uses. A sidewalk cafe may
be used only for the temporary placement of chairs, tables, disposal
containers, barriers and umbrellas. No food or fermented malt or other
alcohol beverages may be served in a sidewalk cafe within the legal
limits of the Village of Belleville without strict compliance with
the terms and conditions of this section.
B.
Service and consumption of alcohol or fermented malt beverages in
outdoor areas.
(1)
The Village Board may approve the issuance of or amendment to the
"Class B" and Class "B" alcohol and fermented malt beverage licenses
for the purpose of permitting service and consumption of alcohol or
fermented malt beverages in outdoor sidewalk cafe areas only with
the following conditions:
(a)
The applicant shall provide the current number of seats authorized
in the restaurant facility, the number of seats proposed to be transferred
from the restaurant to the sidewalk cafe and the number of new seats
proposed to be added for the sidewalk cafe.
(b)
Food and alcohol and fermented malt beverages shall only be
served or consumed in areas delineated by suitable barricades, i.e.,
decorative chain and posts that cordon the area off from the remainder
of the outside area. Such barriers may be placed to allow the public
to enter from the outside as well as from the building of the license
holder.
(c)
All tables and chairs must be portable, meaning that no such
furniture shall be chained together or bolted together as a unit or
affixed to the sidewalk or ground surface.
(d)
All furniture and fencing must be removed nightly from the permit
area.
(e)
Alcohol or fermented malt beverages may only be served in the
outdoor area by the license holder or an employee holding a valid
Village of Belleville operator's license.
(f)
Service of food and/or alcohol beverages in all sidewalk cafes
shall be limited to persons seated at tables in the sidewalk cafe
site. Food service shall be required to be available at all times
the sidewalk cafe is open.
(g)
No beverages may be served in glassware.
(h)
The outdoor area shall be supervised at all times by the license
holder or an authorized (operator) licensed employee. The entire outdoor
area utilized for service and consumption shall be visible from the
establishment.
(j)
Any other condition the Village Board deems appropriate, taking
into account the surrounding neighborhood and the nature of the licensed
premises.
(2)
If the service and consumption of alcohol beverages are in an outdoor
area extending onto the public sidewalk, the following additional
conditions shall also apply:
(a)
The public sidewalk utilized for this purpose shall be abutting
the license holder's property, and said use shall not encroach
on the sidewalk of neighboring property. The pedestrianway shall be
next to the curb and measured a minimum of five feet in width from
the back of the curb.
(b)
Tables or barriers may not impede pedestrian traffic or interfere
with people exiting parked vehicles.
(3)
The fee for a sidewalk cafe permit is required at time of application.
The permit fee shall be as prescribed in the Village Fee Schedule,
and the permit shall have a term of one year commencing on July 1
and expiring June 30 of each year. If granted subsequent to July 1
in any given year, the permit shall expire on June 30 after issuance.
The fee is nonrefundable.[1]
(4)
Hours of operation. Sidewalk cafes shall be open during regular operation
hours, but no earlier than 6:00 a.m. and no later than 11:00 p.m.
Notwithstanding the foregoing, more restrictive hours of operation
may be established by the Plan Commission. No alcohol or fermented
malt beverages or food shall be served after 10:00 p.m. This subsection
shall not apply on the third Saturday in June, July and August, when
the cafe may be open and food and alcohol beverages may be served
until 12:00 midnight.[2]
(6)
The operator must provide a certificate of liability insurance with
the application. Public liability insurance covering the Village of
Belleville as well as the sidewalk cafe owner shall be required, the
terms of which must be approved by the Clerk/Treasurer. Proof of comprehensive
general liability insurance in a minimum amount of $500,000 for bodily
injury or death, $100,000 for property damage, and liquor liability
is also required. The permittee shall enter into a written agreement
with the Village indemnifying and holding the Village harmless against
all claims, liability, loss, injury, death, or damage associated with
such temporary use.
(7)
Each sidewalk cafe shall be responsible for policing the area of
the sidewalk cafe to ensure that alcohol beverages are not removed
from the premises. All debris and unused food shall be removed by
the owner before the close of business from the sidewalk cafe area.
(8)
This section does not limit the Village Board's authority to
refuse/permit outdoor areas for service and consumption of alcohol
or fermented malt beverages in individual cases even if the license
holder meets the above-mentioned conditions. This policy is not intended
to create a vested right for the benefit of "Class B" or Class "B"
license holders.
(9)
Failure to abide by the terms and conditions may result in the termination of the right to serve food or fermented malt or other alcohol beverages in a sidewalk cafe. The Village reserves the right to take further steps in case of repeated violations, including termination of a violator's "Class B" or Class "B" alcohol or fermented malt beverage license. The Village may also impose a forfeiture as provided in § 320-22 of this article per violation of this section.[4]
A.
Operator's license required.
(1)
Operator's license; Class "A," Class "B" or "Class C" premises.
Except as provided under §§ 125.32(3)(b) and 125.07(3)(a)10,
Wis. Stats., no premises operated under a Class "A," Class "B" or
"Class C" license or permit may be open for business unless there
is upon the premises the licensee or permittee, the agent named in
the license or permit if the licensee or permittee is a corporation,
or some person who has an operator's license and who is responsible
for the acts of all persons serving any fermented malt beverages to
customers. An operator's license issued in respect to a vessel
under § 125.27(2), Wis. Stats., is valid outside the municipality
that issues it. For the purpose of this section, any person holding
a manager's license under § 125.18, Wis. Stats., or
any member of the licensee's or permittee's immediate family
who has attained the age of 18 shall be considered the holder of an
operator's license. No person, including a member of the licensee's
or permittee's immediate family, other than the licensee, a permittee
or agent, may serve fermented malt beverages in any place operated
under a Class "A," Class "B" or "Class C" license or permit unless
he or she has an operator's license or is at least 18 years of
age and is under the immediate supervision of the licensee, permittee,
agent or a person holding an operator's license who is on the
premises at the time of the service.[1]
B.
Procedure upon application.
(1)
The Village Board may issue an operator's license, which license
shall be granted only upon application in writing on forms to be obtained
from the Village Clerk/Treasurer only to persons 18 years of age or
older. Operators' licenses shall be operative only within the
limits of the Village.
(2)
All applications are subject to an investigation by the 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
Board 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 two years and shall expire on the 30th day
of June.
[Amended by Ord. No. 2004-06-04]
D.
Operator's license fee; provisional or temporary license.
(1)
Fee. The fee for regular or provisional operator's license shall
be as prescribed in the Village Fee Schedule for the term or part
thereof. There shall be no fee for a temporary operator's license.
(2)
Provisional license. The Village Clerk/Treasurer may issue provisional
operators' licenses in accordance with § 125.17, 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 Chief of Police shall submit to the Clerk/Treasurer
a report regarding the applicant's conviction history, if any.
The applicant for such provisional license must present evidence to
the Clerk/Treasurer establishing that the applicant is enrolled in
a responsible beverage server training course established pursuant
to § 125.17(6)(a), Wis. Stats. The Village Clerk/Treasurer
may, upon receiving an application for a temporary provisional license,
issue such a license without requiring the successful completion of
the approved course described herein. However, such temporary license
shall be used only for the purpose of allowing such applicant the
privilege of being licensed as a beverage operator pending his or
her successful completion of the approved course, and the applicant
shall also apply for a regular operator's license. A provisional
license may not be issued to any person who has been denied an operator's
license by the Village Board, who has had his/her operator's
license revoked or suspended within the preceding 12 months, or who
previously held an operator's license and who failed to complete
the responsible beverage server training course without first successfully
completing the course. The Village Clerk/Treasurer shall provide an
appropriate application form to be completed in full by the applicant.
The Village Clerk/Treasurer may revoke the provisional license issued
if he or she discovers that the holder of the license made a false
statement on the application. A provisional license shall not be renewed.[2]
(3)
Temporary license. The Village Clerk/Treasurer may issue a temporary
operator's license, provided that:
(a)
This license may be issued only to operators employed by, or
donating their services to, nonprofit corporations.
(b)
No person may hold more than one license of this kind per year.
(c)
The license is valid for any period from one day to 14 days,
and the period for which it is valid shall be stated on the license.
E.
Issuance or denial of operator's license.
(1)
After the Village Board approves the granting of an operator's
license, the Village Clerk/Treasurer shall issue the license. Such
licenses shall be issued and numbered in the order they are granted
and shall give the applicant's name and address and the date
of the expiration of such license.
(2)
If the application is denied by the Village Board, the Village Clerk/Treasurer
shall, in writing, inform the applicant of the denial, the reasons
therefor, and of the opportunity to request a reconsideration of the
application by the Village Board in a closed session. Such notice
must be sent by registered mail to, or served upon, the applicant
at least 10 days prior to the Board's reconsideration of the
matter. At such reconsideration hearing, the applicant may present
evidence and testimony as to why the license should be granted. If,
upon reconsideration, the Board again denies the application, the
Village Clerk/Treasurer shall notify the applicant in writing of the
reasons therefor. An applicant who is denied any license upon reconsideration
of the matter may apply to Circuit Court pursuant to § 125.12(2)(d),
Wis. Stats., for review.
(3)
Consideration for the granting or denial of a license will be based
on:
(a)
Arrest and conviction record of the applicant, subject to the
limitations imposed by §§ 111.321, 111.322, and 111.335,
Wis. Stats.;
(b)
The financial responsibility of the applicant;
(c)
The appropriateness of the location and the premises where the
licensed business is to be conducted; and
(d)
Generally, the applicant's fitness for the trust to be
reposed.
(4)
If a licensee is convicted of an offense substantially related to
the licensed activity, the Village Board may act to revoke or suspend
the license.
(5)
An application may be denied based upon the applicant's arrest
and conviction record if the applicant has been convicted of a felony
(unless duly pardoned) or if the applicant has habitually been a law
offender. For purposes of this licensing procedure, "habitually been
a law offender" is generally considered to be an arrest or conviction
of at least two offenses which are substantially related to the licensed
activity within the five years immediately preceding the license application.
Because a license is a privilege, the issuance of which is a right
granted solely to the Village Board, the Village Board reserves the
right to consider the severity and facts and circumstances of the
offense when making the determination to grant, deny or not renew
a license. Further, the Village Board, at its discretion, may, based
upon an arrest or conviction record of two or more offenses which
are substantially related to the licensed activity within the five
years immediately preceding, act to suspend such license for a period
of one year or more.
F.
Training course.
(1)
Except as provided in Subsection F(2) below, the Village Board may not issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the Technical College System Board or a comparable training course, which may include computer-based training and testing, that is approved by the Department of Revenue or the Educational Approval Board or unless the applicant fulfills one of the following requirements:[3]
G.
Display of license. Each license issued under the provisions of this
section shall be posted on the premises whenever the operator dispenses
beverages or be in his possession, or the licensee shall carry a license
card.[4]
H.
Revocation of operator's license. Violation of any of the terms
or provisions of the state law or of this section relating to operators'
licenses by any person holding such operator's license shall
be cause for revocation of the license.
A.
Forfeitures for violations of §§ 125.07(1) to (4) and 125.09(2), Wis. Stats., adopted by reference in § 320-1 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 as Sec. 11-4-1 of the 1994 Code; amended in its
entirety 3-1-2010 by Ord. No. 2010-03-01]
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.
A.
Regulations. Except as provided in this section, it shall be unlawful
for any person to sell, serve or give away, or offer to sell, serve
or give away, any alcohol beverage upon any public street, sidewalk,
alley, public parking lot, highway, cemetery or drives or other public
area within the Village of Belleville 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 alcohol beverage upon any public street, public
sidewalk, public way, public alley or public parking lot within the
Village of Belleville.
B.
Private property held out for public use. It shall be unlawful for
any person to consume any alcohol 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.
C.
Exceptions.
(1)
The provisions of this section may be waived by the Village Board
for duly authorized events.
(2)
(3)
Fermented malt beverages for personal consumption are permitted in
all parks.
