[HISTORY: Adopted by the Village Board of
the Village of Waterford as §§ 12.05 and 12.10 of the
1998 Code. Amendments noted where applicable.]
The provisions of Wis. Stats. Ch. 125 relating
to the sale of alcohol beverages, inclusive of any provisions relating
to the penalty to be imposed or the punishment for violation of such
statutes, are hereby adopted and made a part of this chapter by reference.
A violation of any such provisions shall constitute a violation of
this chapter.
A.
Required. No person, except as provided by Wis. Stats.
§ 125.06, shall serve, sell, manufacture, rectify, brew
or engage in any activity for which this chapter or Wis. Stats. Ch.
125 requires a license, permit or other authorization without holding
the appropriate license, permit or other authorization as provided
in this chapter. See Wis. Stats. § 125.04(1).
B.
Separate license required for each place of sale.
Except for licensed public warehouses, a license shall be required
for each location or premises which are in direct connection or communication
to each other where intoxicating liquor or fermented malt beverages
are kept, sold or offered for sale. See Wis. Stats. § 125.04(9).
[Amended 12-16-1998 by Ord. No. 370; 11-22-2004 by Ord. No.
467; 1-23-2006 by Ord. No. 489; 2-28-2011 by Ord. No. 569; 4-28-2014 by Ord. No. 616; 12-12-2016 by Ord.
No. 641]
The following classes and denominations of licenses may be issued by the Clerk under the authority of the Village Board after payment of the fee herein specified along with the nonrefundable cost of publication and the nonrefundable cost of a background check, which, when so issued, shall permit the holder to sell, deal or traffic in alcohol beverages as provided in Wis. Stats. §§ 125.25, 125.26, 125.272, 125.32 and 125.51 and other applicable sections of Wis. Stats. Ch. 125. Except as otherwise provided in this section, the full license fee shall be charged for the whole or fraction of any year. License, publication, and background check fees shall be in an amount set by the Village Board and placed on the Fee Schedule as set forth in Chapter 154 of this Municipal Code. No application shall be processed until the publication and background check fees have been paid, and no license shall be issued until the fee for the license has been paid.
A.
Class "A" fermented malt beverage retailer's license. The provisions
of Wis. Stats. § 125.25 apply. A Class "A" license authorizes
retail sales of fermented malt beverages in original packages, containers
and bottles, for consumption off the premises where sold, and for
providing taste samples in conformance with Wis. Stats. § 125.25(1).
A license may be issued after July 1, and that license shall expire
on the following June 30. The fee for a license for fewer 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 provisions
of Wis. Stats. § 125.26 apply. A Class "B" license authorizes
retail sales of fermented malt beverages for consumption either on
the premises where sold or off the premises. A license may be issued
after July 1, and that license shall expire on the following June
30. The fee for a license for fewer than 12 months shall be prorated
according to the number of months or fraction thereof for which the
license is issued.
(1)
Six-month. A license may be issued at any time for a period of six
months in any calendar year. 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.
(2)
Temporary/picnic Class "B."
(a)
A temporary/picnic Class "B" license may be issued to certain
entities pursuant to Wis. Stats. § 125.26(6) authorizing
the sale of fermented malt beverages at a particular picnic or similar
gathering and shall indicate whether the licensee is authorized to
permit underage persons to be on the premises for which the license
is issued.
[1]
If the application is received at least seven days before the
issuance date, the Village Clerk is authorized to issue this type
of temporary/picnic Class "B" license for an event lasting less than
four days, provided that all other required permits have been obtained.
[2]
If the application is received at least 15 days before the issuance
date, the Village Clerk is authorized to issue this type of license
for an event lasting four or five days, provided that all other required
permits have been obtained.
[3]
All licenses for this type of event lasting six days or more
require application at least 15 days before the issuance date and
shall be authorized by the Village Board.
(b)
Beer walks. Up to 20 temporary Class "B" licenses may be issued
to the same licensee pursuant to Wis. Stats. §§ 125.26(6)
and 125.32(3m)(j) for a single-day, multiple-location event if each
license is issued for the same date and times and the licensee is
the sponsor of an event held at multiple locations in the Village
on this date and at these times, and an admission fee is charged for
participation in the event and no additional fee for service of fermented
malt beverages is charged at the event. There is no limit on the number
of these licenses that may be issued by the Village during any twelve-month
period. The licenses may authorize the presence of underage persons
to be on the licensed premises. No fermented malt beverages may be
served after 12:00 midnight. Application must be submitted at least
15 days before issuance, and all licenses for this type of event shall
be authorized by the Village Board.
C.
Retail "Class A" Cider Only license. The provisions of Wis. Stats.
§ 125.51(2)(e) apply. A "Class A" Cider Only license allows
the sale of cider, as defined in § 125.51(2)(e)1, and prohibits
the retail sale of, or the provision of taste samples of, any intoxicating
liquor other than cider. In the event that an applicant holds a Class
"A" license for the same premises and the application contains the
condition that retail sales of intoxicating liquor are limited to
cider, the license shall be issued and no license fee shall be charged,
but publication and background check fees apply.
D.
Retail "Class A" liquor license. The provisions of Wis. Stats. § 125.51(2)
apply. A "Class A" license authorizes retail sales of intoxicating
liquor in original packages and containers, for consumption off the
premises where sold. A "Class A" license holder may also allow taste
sampling in accordance with Wis. Stats. §§ 125.06(13)
and 125.51(2)(am).
(1)
A license may be issued after July 1, and that license shall expire
on the following June 30. 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.
(2)
Six-month. A license may be issued at any time for a period of six
months in any calendar year. 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.
E.
Retail "Class B" liquor license. The provisions of Wis. Stats. § 125.51(3),
(3r) and (4), inclusive of the quota and reserve license provisions,
apply. A "Class B" license authorizes retail sales of intoxicating
liquor for consumption on the premises where sold, by the glass and
not in the original packages or container. It also authorizes its
holder to sell liquor in original packages or containers in multiples
not to exceed four liters at any one time, for consumption off the
premises where sold pursuant to Wis. Stats. § 125.51(3)(b).
Wine, however, may be sold for consumption off the premises in the
original package or otherwise in any quantity. Opened bottles of wine
may be sold if ordered with a meal and recorked prior to being taken
off the premises pursuant to Wis. Stats. § 125.51(3r). A
"Class B" license issued to a winery shall be subject to Wis. Stats.
§ 125.51(3)(am).
(1)
A license may be issued after July 1, and that license shall expire
on the following June 30. The fee for a license for fewer than 12
months shall be prorated according to the number of months or fraction
thereof for which the license is issued.
(2)
Six-month. A license may be issued at any time for a period of six
months in any calendar year. 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.
(3)
A "Class B" license may be issued only to a holder of a Class "B" license (see § 154-4B), except as provided in, and pursuant to, Wis. Stats. § 125.51(3)(f), which exempts wineries from this requirement.
(4)
Temporary/picnic "Class B" Wine Only license.
(a)
A temporary/picnic "Class B" Wine Only license may be issued to certain entities pursuant to Wis. Stats. § 125.51(10) to authorize the sale of wine in an original package, container or bottle or by the glass at a particular picnic or similar gathering and shall indicate whether the licensee is authorized to permit underage persons to be on the premises for which the license is issued. No fee shall be charged to a person who also applies and pays for a temporary Class "B" license for the same event under Subsection B. A temporary/picnic "Class B" wine license shall not authorize its holder to sell any intoxicating liquor. No more than two such licenses may be issued to any particular qualified entity in any twelve-month period.
[1]
If the application is received at least seven days before the
issuance date, the Village Clerk is authorized to issue this type
of temporary/picnic "Class B" license for an event lasting less than
four days, provided that all other required permits have been obtained.
[2]
If the application is received at least 15 days before the issuance
date, the Village Clerk is authorized to issue this type of license
for an event lasting four or five days, provided that all other required
permits have been obtained.
[3]
All licenses for this type of event lasting six days or more
require application submittal at least 15 days before the issuance
date and shall be authorized by the Village Board.
(b)
Wine walks. Up to 20 temporary "Class B" licenses may be issued
to the same licensee pursuant to Wis. Stats. § 125.51(10)(b)
for a single-day, multiple-location event if each license is issued
for the same date and times and the licensee is the sponsor of an
event held at multiple locations in the Village on this date and at
these times, and an admission fee is charged for participation in
the event and no additional fee for service of wine is charged at
the event. No more than two such events may be licensed by the Village
during any twelve-month period. The licenses may authorize the presence
of underage persons to be on the licensed premises for the purpose
of acting as designated drivers. No wine may be served after 9:00
p.m. All licenses for this type of event require application submittal
at least 15 days before the issuance date and shall be authorized
by the Village Board.
(c)
A temporary/picnic "Class B" Wine Only license shall not authorize
its holder to sell any intoxicating liquor.
F.
Reserve "Class B" licenses. Pursuant to the provisions of Wis. Stats.
§ 125.51, if the Village has granted or issued a number
of licenses equal to or exceeding its quota for regular licenses,
or has granted or issued a number of licenses equaling its quota for
Reserve "Class B" — Standard licenses, the following types of
licenses may be issued:
(1)
Reserve "Class B" - Standard. Reserve "Class B" - Standard liquor
licenses may be issued as set forth in Wis. Stats. § 125.51(4)(a)4,
and the fee for the initial issuance of a reserve "Class B" - Standard
license shall be set by the Village Board pursuant to Wis. Stats.
§ 125.51(3)(e) and placed in the Fee Schedule.
(2)
Reserve "Class B" - Restaurant. Reserve "Class B" - Restaurant licenses
may be issued if the Village has granted or issued a number of licenses
equal to or exceeding its quota and is allowed by statute to issue
a "Class B" license for a full-service restaurant, hotel, or opera
house or theater as described in Wis. Stats. § 125.51(4)(v).
The fee for the initial issuance shall be set by the Village Board
pursuant to Wis. Stats. § 125.51(3)(e) and placed in the
Fee Schedule.
(3)
Reserve "Class B" - Transfer. Reserve "Class B" - Transfer licenses
may be issued if the Village transfers a reserve "Class B" license
from another municipality pursuant to Wis. Stats. § 125.51(4)(e).
The initial fee for said license shall be set by the Village Board
pursuant to Wis. Stats. § 125.51(3)(e) and placed in the
Fee Schedule, and upon receipt of the fee and issuance of the license,
the fee shall be remitted to the municipality that transferred the
license.
(4)
Reserve "Class B" - Premier Economic Development District licenses.
Reserve "Class B" - Premier Economic Development District licenses
may be issued if the Village creates a premier economic development
district and is authorized to issue additional "Class B" licenses
pursuant to Wis. Stats. § 125.51(4)(u). The license fee
shall be set by the Village Board pursuant to Wis. Stats. § 125.51(3)(e)
and placed in the Fee Schedule.
G.
Retail "Class C" wine license. The provisions of Wis. Stats. § 125.51(3m)
and (3r) apply. A retail "Class C" wine license may be issued to certain
restaurants and shall authorize its holder to sell wine by the glass
or in an opened original container for consumption on the premises
where sold. An opened bottle of wine may be sold if ordered with a
meal and recorked prior to being taken off the premises pursuant to
Wis. Stats. § 125.51(3r).
(1)
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.
(2)
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.
H.
Provisional licenses. Provisional retail licenses shall be issued
as follows: The provisions of Wis. Stats. § 125.185 apply.
A provisional retail license may be issued by the Village Clerk to
a person who has applied for a Class "A," Class "B," "Class A," "Class
B," or "Class C" license under the following conditions:
(1)
The provisional license authorizes only the activities that the type
of retail license applied for authorizes.
(2)
The provisional license expires 60 days after its issuance or when
the retail license applied for is issued to the holder, whichever
is sooner. The Village Clerk may revoke the license if the Clerk discovers
that the applicant made a false statement on the application.
(3)
The Village Clerk may not issue a provisional retail "Class B" license
if the Village's quota under Wis. Stats. § 125.51(4) prohibits
the Village from issuing a "Class B" license.
(4)
No person may hold more than one provisional retail license for each
type of license applied for per year.
(5)
The Village Clerk may only issue the provisional retail license if
the background check is completed and the applicant qualifies to receive
the retail license applied for.
[Amended 12-16-1998 by Ord. No. 370; 11-22-2004 by Ord. No.
467; 10-24-2011 by Ord. No. 579; 12-12-2016 by Ord. No. 641]
A.
Form. Application for a license to sell or deal in intoxicating liquor
or fermented malt beverages shall be made in writing on forms prescribed
by the State Department of Revenue, or the Village Board for operator's
licenses, and filed with the Clerk. If more than one type of license
is being applied for, one application which fulfills all of the requirements
of Wis. Stats. Ch. 125 may be submitted. The premises shall be physically
described to include every room, storage space and/or outdoor area
to be covered by the license, including all rooms joined by connecting
entrances or not separated by a solid wall. All applications shall
be accompanied by the fee for publication (if applicable) and the
fee for a background check. Submission of an application shall constitute
consent to a background investigation by the Village. All applicants
shall be investigated by the Police Department, and the results of
said investigation shall be forwarded to the Clerk.
B.
Application to be notarized. Applications shall be signed and sworn
to by the applicant as provided by Wis. Stats. § 887.01.
C.
Time of filing; late fee.
(1)
License applications shall be filed as follows:
(a)
Applications required to be published.
[1]
The Village Clerk shall send one notice, along with an application
for renewal, to all holders of licenses for which publication of the
application is required under Wis. Stats. § 125.04(3)(g)
no later than May 1. The completed application must be received by
the Village Clerk no later than May 15.
[2]
Applications for new licenses for which publication is required
shall be submitted no later than 60 days prior to the date the license
is required.
(b)
Applications for which publication is not required. Applications
for licenses that are not required to be published shall be submitted
to the Clerk no later than 15 days prior to the date the license is
granted, unless an exception to this requirement is provided in this
chapter.
(2)
Late fee. Applications for renewal of licenses required to be published
that are received after May 15 will be assessed a late fee in an amount
set by the Village Board and reflected in the Fee Schedule.
(3)
Late applications; special meeting. In the event that a license application is not submitted in time for consideration at a regularly scheduled Board meeting so that statutory requirements are met, the applicant may request a special meeting of the Village Board and pay the cost thereof at the time of request therefor as set forth in § 76-16 of this Municipal Code. If no quorum can be obtained for a special meeting, the application will be considered at the next regularly scheduled meeting of the Board. No alcohol may be sold from the premises or by the person for which a license is required during any period in which a license is expired.
D.
Issuance of license; payment of fees required. Prior to issuance
of a license, each applicant will deposit with the Village the full
amount of the fees required, including late fees. No license will
be issued until all fees are paid.
E.
List of licensees. The Clerk shall forward such information to the
state regarding licenses issued as required by law.
[Amended 12-16-1998 by Ord. No. 370; 1-23-2006 by Ord. No.
489; 2-28-2011 by Ord. No. 569; 7-28-2014 by Ord. No. 619; 12-12-2016 by Ord. No. 641]
A.
Statutory requirements. Licenses required under this chapter shall
be issued only to persons eligible therefor under Wis. Stats. § 125.04.
B.
Location.
(1)
No retail Class "A," Class "B," "Class A," "Class B" or "Class C"
license, including any provisional 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, tribal school,
hospital or church, except 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 boundary
of such school, church or hospital to the main entrance to such premises.
(2)
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, hospital or church building. This subsection shall not apply
to a restaurant located within 300 feet of a church or school if the
sale of alcohol beverages accounts for less than 50% of the restaurant's
gross receipts.
C.
Criminal offenders. No license or permit related to alcohol beverages
may, subject to Wis. Stats. §§ 111.321, 111.322 and
111.335, be issued under this chapter to any person who has habitually
been a law offender or has been convicted of a felony unless the person
has been duly pardoned.
D.
Health and sanitation requirements. No retail Class "B," "Class B"
or "Class C" license shall be issued for any premises which does not
conform to the sanitary, safety and health requirements of the state
pertaining to building, plumbing, health, restaurants and restaurant
sanitation and to all such ordinances and regulations adopted by the
Village.
E.
License quota. The number of persons and places that may be granted retail "Class B" liquor licenses or Reserve "Class B" liquor licenses under this chapter is limited as provided in Wis. Stats. § 125.51(4). See § 148-3F.
F.
Corporations, limited-liability companies and other legal entities.
No corporation, limited-liability company or other legal entity organized
under the laws of this state or of any other state or foreign country
may be issued any alcohol beverage license or permit unless such corporation
or limited-liability company meets the requirements of Wis. Stats.
§ 125.04(6).
G.
Age requirement. No license hereunder, except an operator's license,
shall be granted to any person who has not attained the legal drinking
age. Operator's licenses may be issued only to applicants who have
attained the age of 18.
H.
Effect of revocation of license. Whenever any license is revoked,
at least six months from the time of such revocation shall elapse
before another license shall be granted for the same premises, and
12 months shall elapse before any other license shall be granted to
the person whose license was revoked.
I.
Delinquent taxes, assessments, forfeitures and other claims. No license shall be granted to any person who or premises for which taxes, assessments, forfeitures or other claims of the Village are delinquent and unpaid. In the event that the applicant is applying for a new license, the applicant shall be given notice and the opportunity to rebut the charge of a delinquent payment due. In the event that the applicant is applying for a renewal license, the provisions of § 148-11 shall apply. This subsection does not apply if the applicant is appealing the imposition of the amount due.
J.
Issuance for sales in dwellings prohibited. No license shall be issued
to any person for the purpose of possessing, selling or offering for
sale any alcohol beverages in any dwelling house, flat or residential
apartment.
K.
Issuance for sales of intoxicating liquors in conjunction with premises
selling gasoline for vehicular consumption prohibited. No license
for the disbursement or sale of intoxicating liquors, as controlled
and directed in this chapter, shall be issued to any person where
the premises to be licensed are also used for the sale or disbursement
of gasoline for vehicular consumption. For the purposes of this subsection,
the term "vehicular" shall refer to motor vehicles designed for operation
upon public roadways and also off-road all-terrain vehicles but shall
not be intended to be applied to licensed premises where the sole
outlet for sales is to boat or boat-related traffic upon waterways
within the Village.
[Amended 12-16-1998 by Ord. No. 370; 1-23-2006 by Ord. No. 489; 12-12-2016 by Ord. No. 641]
A.
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 and, unless
sooner revoked, shall expire on June 30 thereafter, except as otherwise
provided.
B.
Combination licenses. If an applicant requests more than one license,
the following licenses may be issued in combination: Retail "Class
A," Intoxicating Liquor, and Retail Class "A," Fermented Malt Beverage;
Retail "Class A" Cider Only license and Retail Class "A" Fermented
Malt Beverage License, and Retail "Class B," Intoxicating Liquor,
and Retail Class "B," Fermented Malt Beverage. The fee for a combination
license shall be in an amount set by the Village Board.
A.
As to person. No license shall be transferable as
to a licensee except as provided by Wis. Stats. § 125.04(12).
B.
As to place. Licenses issued pursuant to this chapter
may be transferred as provided in Wis. Stats. § 125.04(12).
Application for such transfer shall be made on blanks furnished by
the State Department of Revenue. Proceedings for transfer shall be
had in the same manner and form as the original application.
Every license issued under this chapter shall
be posted and at all times displayed as provided in Wis. Stats. § 125.04(10).
No person shall post such license or permit any other person to post
it upon premises other than those mentioned in the application, or
knowingly deface or destroy such license.
A.
Gambling and disorderly conduct prohibited. Each licensed
premises shall at all times be conducted in an orderly manner; and
no disorderly, riotous or indecent conduct or gambling shall be allowed
at any time on any licensed premises.
B.
Employment of underage persons. No licensee shall
employ any person under the legal drinking age to serve, sell, dispense
or give away any alcohol beverage, unless such underage person is
at least 18 years of age and has a valid operator's license.
C.
Sales by clubs. No club shall sell intoxicating liquors
or fermented malt beverages except to members and guests invited by
members.
D.
Safety and sanitation requirements. Each licensed
premises shall be maintained and conducted in a sanitary manner and
shall be a safe and proper place for the purpose for which used.
E.
Dancing.
[Added 7-12-1999 by Ord. No. 382]
(1)
Any licensee or licensed premises under this chapter which also meets the definition of a "dance hall" as found in § 115-2, or which holds a public dance as defined in § 115-2 shall obtain the appropriate dance hall license or permit and shall conform to the regulations set forth in Chapter 115, Dances and Dance Halls.
[Amended 12-16-1998 by Ord. No. 370; 1-23-2006 by Ord. No.
489; 2-28-2011 by Ord. No. 569]
No premises for which an alcohol beverage license has been issued
shall remain open for the sale of alcohol beverages:
A.
If a retail Class "A," a retail "Class A" license, or a Combination
Class A, between 9:00 p.m. and 6:00 a.m. Grocery and other stores
may remain open for the conduct of their regular business but shall
not sell intoxicating liquors or fermented malt beverages during the
hours specified.
[Amended 2-13-2012 by Ord. No. 584]
B.
If a retail Class "B," a retail "Class B," a Combination Class B
or "Class C" license, between 2:00 a.m. and 6:00 a.m. on weekdays
and between 2:30 a.m. and 6:00 a.m. on Saturdays and Sundays, except
as follows:
(1)
On January 1, premises operating under any Class B license are not
required to close.
(2)
On the Sunday that daylight savings time begins pursuant to Wisconsin
law, no premises may remain open between 3:30 a.m. and 6:00 a.m.
(3)
No package, container or bottle sales, or sale of any opened bottle
of wine ordered with a meal pursuant to Wis. Stats. § 125.51(3r)(a),
may be made between 12:00 midnight and 6:00 a.m.
(4)
No winery for which a "Class B" license has been issued shall remain
open between the hours of 9:00 p.m. and 8:00 a.m.
(5)
Hotels and restaurants, the principal business of which is the furnishing
of food or lodging to patrons, bowling centers, 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
intoxicating liquors or fermented malt beverages during the hours
specified herein.
C.
If a wholesaler's fermented malt beverage license, between the hours
of 5:00 p.m. and 8:00 a.m., except on Saturday the premises may remain
open until 9:00 p.m.
D.
The permittee, licensee, employees, salespersons, employees of licensed
wholesalers, employees of permittees on the permittee's premises,
and service personnel may be on the licensed premises during hours
when the premises are not open for business if those persons are performing
job-related activities.
[Amended 6-23-2008 by Ord. No. 531; 12-12-2016 by Ord. No. 641]
A.
Refusal to grant a license. Opportunity shall be given by the Village
Board to any person to be heard for or against the granting of any
license. The Village Board may refuse to grant a license as set forth
in Wis. Stats. § 125.12(3m), and if a license is refused,
a written notice thereof, including the reasons for the decision,
shall be given to the applicant.
B.
Revocation and suspension of licenses. Proceedings for revocations
and suspensions of licenses shall be instituted pursuant to Wis. Stats.
§ 125.12 when a sworn complaint against the licensee is
filed with the Clerk by a resident of the Village. If the complaint
is based on the accrual of demerit points as set forth herein, the
complaint shall specify the violations constituting the demerit point
accrual. If the complaint is based upon violations outside of the
accrual of demerit points, it shall be so stated, and the procedures
set forth in Wis. Stats. § 125.12 shall be followed. When
a penalty is imposed, the Clerk shall report the same as set forth
in Wis. Stats. § 125.13.
(1)
Pursuant to the authority granted in Wis. Stats. § 125.10,
the Village Board, upon learning of a violation of state law, federal
law or Village ordinance which occurred on the licensed premises by
the licensee, agent, employee, or co-owner, may order a review of
the license and, depending on the seriousness of the violation, may
suspend or revoke the license. If the violation of state law falls
under Wis. Stats. Ch. 125 or 139, or the Wisconsin Administrative
Code, or Village ordinance, the violation will fall into the demerit
point schedule.
(2)
Violations are assigned demerit points dependent on the severity
of the violation. When a licensee obtains 100 or more demerit points
for violations of Wis. Stats. Chs. 125 and/or 139, or violations of
the Wisconsin Administrative Code, or any other local ordinance, which
occur on the licensed premises by a licensee, agent, employee, or
co-owner within a twelve-month period, proceedings for revocation
or suspension may be commenced.
(a)
If 100 demerit points are obtained, the Village Board shall
hold a hearing. The hearing shall be conducted in the same manner
as found in Wis. Stats. § 125.12(2)(b), with the exception
of the penalties, which may be imposed by the Village Board as set
forth herein. If the Village Board finds the violations to be true,
the Village Board may suspend the license for not less than three
days nor more than five days or may impose such penalty deemed appropriate
by the Board.
(b)
If the licensee obtains a combined total of 160 demerit points
within a twelve-month period, the Village Board shall hold a hearing.
The hearing process shall remain the same as the above. The penalties,
if the Village Board finds the violation to be true, may be a suspension
of not less than five days nor more than 10 days or may be a penalty
deemed appropriate by the Village Board.
(c)
If the licensee obtains a combined total of 200 demerit points
within a twelve-month period, the Village Board shall hold a hearing
as set forth above. The penalty, if the Village Board finds the violation
to be true, may be revocation of the license or may be a penalty deemed
appropriate by the Board.
(d)
If the licensee does not appear at the hearing, the Village
Board shall find the violations to be true and shall recommend the
prescribed penalty that would be derived from the combined point total.
(3)
Suspension by the Village Board may run concurrent with any court-imposed
suspension if the Village Board so desires.
(4)
The following is a list of violations and the respective demerit
points:
|
Violation
|
Demerit Points
| |
|---|---|---|
|
Allowing another to use a license issued under this chapter:
Wis. Stats. Ch. 125 requires revocation
|
200
| |
|
Violation of state or federal law which occurs on the licensed
premises
|
100
| |
|
Failing to permit a liquor license inspection of the premises
|
100
| |
|
Violation of local ordinance which occurs on the licensed premises
|
50
| |
|
Underage person being served alcohol on the licensed premises
[Only one violation will be counted in the event that a citation is
issued to a server during an undercover law enforcement investigation,
pursuant to Wis. Stats. § 125.07(1)(b)6.]
|
50
| |
|
Underage person on the licensed premises
|
30
| |
|
Permitting unauthorized person to sell alcohol on the licensed
premises
|
30
| |
|
Unlicensed person selling alcohol
|
30
| |
|
Serving an intoxicated person alcohol on the premises
|
30
| |
|
After-hours violation (serving or hours)
|
25
| |
|
Disorderly house violation
|
25
| |
|
All other violations of Wis. Stats. Ch. 125
|
20
| |
|
Violations of Wisconsin Administrative Code
|
20
|
(5)
A licensee will be considered in violation if the licensee, agent,
employee, or co-owner was arrested or cited for said violation. A
dismissal of a criminal charge or civil forfeiture case which is subject
to demerit points shall not, as a matter of procedure, nullify said
charge for the purpose of a review before the Village Board due to
the differing burdens of proof and procedural requirements.
(6)
Demerit points shall also be assessed on warnings issued. The amount
of points for the warning will be 1/2 of the above schedule points.
(7)
The Village Board may issue an order to the licensee along with the
imposed suspension to prohibit such activities that are directly related
to the licensed premises which may cause violations of ordinances
or state statutes off premises.
(8)
The licensee will be notified of the impending suspension or revocation
hearing by a written summons from the Village Clerk, pursuant to Wis.
Stats. § 125.12(2)(ar). The summons shall have a date and
time when and where the Village Board will hold the hearing.
(9)
Upon completion of this process, if the suspended or revoked licensee
wishes to appeal the decision of the Village Board, the licensee may
do so by following the procedures outlined in Wis. Stats. § 125.12(2)(d).
C.
Refusal to renew license. The Village may refuse to renew a license
for the reasons set forth in Wis. Stats. § 125.12(2)(ag)
and this section and shall follow the procedures for notice and hearing
in such case as set forth in Wis. Stats. § 125.12.
D.
Revocation or nonrenewal for nonuse.
(1)
In addition to all other grounds for revocation, suspension or nonrenewal
of a license provided in this chapter and in Wis. Stats. Ch. 125,
the following shall constitute a basis for the Village to revoke or
refuse to renew a license issued under this chapter:
(a)
Failure to commence the sale of alcohol at the location for
which the license was approved within 180 days of the approval of
any license to sell fermented malt beverages or intoxicating liquor
or, in the case of new construction, within 180 days of the estimated
completion date provided in writing to the Village at the time of
the application; or
(b)
Discontinuation of the sale of alcohol beverages for which a
license has been issued for a period of 180 days.
(2)
The Village Board shall follow the procedures for notice and hearing
set forth in Wis. Stats. § 125.12(3), and may extend the
time limits set forth herein at its discretion, for good cause shown.
If the Board finds good cause, it may set such terms as it deems appropriate
to the continuation of the license.
E.
Automatic revocation. Any license issued under this chapter may be
revoked without further proceedings upon the conviction of the license
holder pursuant to Wis. Stats. § 125.11.
[Added 12-12-2016 by Ord.
No. 641; amended 1-11-2021 by Ord. No. 681]
The provisions of Wis. Stats. § 125.17 apply.
A.
Authority. Operator's licenses may be granted by the Village
Clerk to those applicants who are qualified under Wis. Stats. §§ 125.04(5)
and 125.17(6), for the purposes of complying with Wis. Stats. §§ 125.32(2)
and 125.68(2) and this chapter.
B.
Qualifications. Operator's licenses may be issued only after
written application on forms provided by the Village Clerk are submitted,
accompanied by the license and background check fees, which are not
refundable if the license is not issued. The applicant must meet the
following qualifications:
(1)
The applicant must be 18 years of age by the time of issuance.
(2)
The applicant must have successfully completed a responsible beverage
server training course approved by the Wisconsin Department of Revenue.
Individuals are exempted from training course requirements if they
are renewing an existing operator's license, have successfully
completed the responsible beverage server training course within the
last two years, or have held a retail license, manager's or operator's
license anywhere in Wisconsin in the last two years.
(3)
Approval of a license is subject to the requirements of Wis. Stats.
§ 125.04(5) and the Wisconsin Fair Employment Law, Wis.
Stats. §§ 111.321, 111.322 and 111.325.
C.
Term. Operator's licenses may be issued for either one- or two-year
terms, and shall be valid beginning on July 1 and expiring on June
30 of the appropriate year.
D.
Investigation and granting of licenses.
(1)
Investigation. The Village Clerk shall order a background check of
all applicants, new or renewal. The Village Clerk will review the
information derived from the background check for the following issues:
(a)
Conviction of a felony within the last five years that substantially
relates to the alcohol beverage licensing activity.
(b)
Conviction of any combination of two or more ordinance or misdemeanor
violations of the following within the last 24 months:
[1]
Any violation relating to alcohol or controlled substances.
[2]
Resisting arrest, battery to a police officer and/or obstructing
justice.
[3]
Disorderly conduct if in conjunction with activity at a licensed
alcohol establishment.
[4]
Any other conviction that the Village Clerk designee deems relevant.
(c)
The Village Clerk shall check whether there was any incomplete,
misleading or falsified statement in an application. Any incomplete,
misleading or falsified statement pertaining to the identification
of the applicant, the completion of the required responsible beverage
server training course, or to any matter occurring within the five
years prior to the date of application may be grounds for denial.
(d)
The Village Clerk shall check whether the applicant has any delinquent taxes, assessments, forfeitures and other claims. No license shall be granted to any person who owes delinquent taxes, assessments, forfeitures or other claims of the Village. In the event that the applicant is applying for a new license, the applicant shall be given notice and the opportunity to rebut the charge of a delinquent amount due. In the event that the applicant is applying for a renewal license, the provisions of § 148-11 shall apply. This subsection does not apply if the applicant is appealing the imposition of the amount due.
(e)
The Village Clerk shall check whether the applicant had a previous
license revoked. Twelve months shall elapse before any other license
shall be granted to the person whose license was revoked.
(2)
Granting of licenses.
(b)
If the investigation includes any felony conviction or drug related conviction, per Subsection D(1)(a) above, said matter shall be referred to the Village Board for consideration. In all other application matters listed in the preceding, the Village Clerk, at its own discretion, may refer the applicant to the Village Board for consideration. The applicant shall be notified in writing that he or she has the right to appear in person before the Village Board and/or respond in writing to the Village Board. The notification shall include the date and time of the Village Board meeting when the application will be considered. In the event that the Village Board denies the license after meeting with the applicant, its reasons for doing so shall be reflected in the meeting minutes.
(c)
In the event that the Board approves the license, it may do
so subject to a three-, six-, nine- or twelve-month review of the
license.
E.
Revocation or suspension of licenses. Revocation or suspension of
regular operator's licenses granted pursuant to this chapter
shall be governed as follows:
(1)
A complaint for revocation or suspension may be filed pursuant to § 148-11 of this chapter and Wis. Stats. § 125.12.
(2)
Automatic revocation. Any regular operator's license issued
under this chapter may be revoked without further proceedings upon
the conviction of the license holder pursuant to Wis. Stats. § 125.11.
(3)
No person may allow another to use his or her operator's license;
the license of a person who does so shall be revoked.
F.
Temporary operator's licenses. The provisions of Wis. Stats.
§ 125.17(4) apply. The Village Clerk may issue temporary
operator's licenses to persons qualified for an operator's
license. The licenses may be issued only to operators employed by
or donating their services to nonprofit corporations, and are usually
issued for the purpose of meeting licensed operator requirements for
an event requiring a temporary/picnic Class "B" or "Class B" license.
No person may hold more than two temporary operator's licenses
per year. The license shall be valid for a period of one to 14 days,
and the period for which it is valid shall be stated on the license.
G.
Provisional operator's licenses. The provisions of Wis. Stats.
§§ 125.17(5) and (6) apply. The Village Clerk may issue
provisional operator's licenses as follows:
(1)
A provisional operator's license may only be issued to a person
who has completed an application for an operator's license and
paid the required fees.
(2)
The Village Clerk shall issue a provisional operator's license
to a person who, at the time the person applies for an operator's
license with the Village, files a certified copy of a valid operator's
license issued by another municipality, or who shows proof that the
person is enrolled in the required responsible beverage server training
course, or is qualified under Wis. Stats. § 125.17(6)(a),
and who otherwise meets the requirements of this section.
(3)
The Village Clerk may not issue a provisional operator's license
to a person who has been denied an operator's license by the
Village.
(4)
A provisional operator's license expires 60 days after its issuance
or when an operator's license is issued to the applicant, whichever
is sooner. If the provisional operator's license was issued to
a person upon proof that the person was licensed by another municipality,
the provisional operator's license shall expire 60 days after
its issuance, or when an operator's license is issued by the
Village, or upon expiration of the other municipality's license,
whichever is sooner.
(5)
The Village Clerk may revoke the license if the Village Clerk discovers
that the holder of the provisional license made a false statement
on the application, the license issued by the other municipality is
not valid, or upon denial of the person's application for an
operator's license.
[Amended 12-12-2016 by Ord. No. 641; 1-11-2021 by Ord. No. 681]
A violation of this chapter by a duly authorized
agent or employee of a licensee or permit holder shall constitute
a violation by the licensee or permit holder unless otherwise provided
by law.
A.
The provisions of Wis. Stat. § 125.07 are
hereby adopted and made a part of this chapter by reference. A violation
of any of the provisions of Wis. Stat. § 125.07 shall constitute
a violation of this chapter.
