The provisions of Ch.
125, Wis. Stats., related to the use and sale of fermented malt beverages and intoxicating liquors, exclusive of any provisions thereof relating to the penalty to be imposed or the punishment for violation of said statutes, are hereby adopted and made a part of this chapter by reference.
No person, firm or corporation shall, within the Village of Shorewood, distribute, sell or keep, or offer for sale at wholesale or retail, any fermented malt beverage or intoxicating liquor, or cause the same to be done, without having procured a license as provided in this chapter. A license shall be required for each place of business.
[Amended 2-21-2006 by Ord. No. 1909]
A. Issuing authority. An operator's license, temporary operator's license or provisional operator's license may be issued by the Village Clerk upon completion of a written application, payment of the proper initial fee or renewal fee and approval from the Chief of Police or Chief's designee.
(1) Applications which are not recommended for approval by the Police Department or which the Village Clerk determines merit review by the Village Board shall be forwarded to the Village Board for approval or denial. Applications for these described licenses may be denied only by the action of the Village Board.
(2) Applications submitted to the Village Board shall include a written notice to the applicant stating that he or she must appear before the Board for individual review of the application. The notification shall state that failure to appear may result in a denial of the application.
B. Operator's license.
(1) An operator's license per § 125.17, Wis. Stats., may be issued upon written application and the payment of the fee described in §
335-4 to applicants who qualify under the standards set by § 125.04(5), Wis. Stats.
(2) An operator's license shall be valid for up to two years and shall expire on June 30 as per § 125.17, Wis. Stats.
C. Provisional operator's license.
(1) Standards.
(a) A provisional operator's license is authorized to be issued to:
[1] A person who at the time of application for an operator's license and the payment of the required fee files a certified copy of a valid operator's license issued by another municipality.
[2] Any person who is enrolled in but has not yet completed a responsible beverage provider training course required for an operator's license and has met all of the other requirements for the issuance of an operator's license.
(b) Exception. A provisional operator's license may not be issued to any person who has been denied a license by the Village of Shorewood.
(2) Term. A provisional operator's license shall expire 60 days after its issuance or when a regular operator's license is issued to the holder, whichever is sooner.
(3) Fee. The fee shall be as set forth under the provisions of §
335-4 of this chapter.
(4) Revocation. The Village Clerk may revoke a provisional operator's license:
(a) If the Clerk discovers that the holder of the license made a false statement on the application;
(b) If the Clerk discovers that the operator's license issued by another municipality is not valid; or
(c) Upon denial of the person's application for an operator's license.
D. Temporary operator's license.
(1) A temporary operator's license may be issued upon written application and the payment of a fee described in §
335-4 to applicants who qualify for the issuance of an operator's license and who are employed by or who are donating their services to nonprofit entities per § 125.17, Wis. Stats.
(2) A temporary operator's license shall be valid for a period designated from one day to 14 days as stated on the license, and no person may hold more than one temporary operator's license per year per § 125.17, Wis. Stats.
[Amended 9-4-1990 by Ord. No. 1584; 6-23-2003 by Ord. No. 1856]
A. There shall be the following classes and denominations of licenses which, when issued by the Village Clerk under the authority of the Village Board after payment of the fee as provided by the Village Fee Schedule, shall permit the holder to sell, deal or traffic in fermented malt beverages or intoxicating liquor as provided in Ch.
125, Wis. Stats.:
(1) Class "A" fermented malt beverage retailer's license.
(2) Class "B" fermented malt beverage retailer's license.
(3) Wholesaler's fermented malt beverage license.
(4) "Class A" retail liquor license.
(5) "Class B" retail liquor license.
(7) Provisional operator's license.
(8) Temporary operator's license, for 14 days.
(10) Class "B" temporary picnic beer license, for 14 days.
(11) "Class B" temporary picnic wine license, for 14 days.
(12) "Class C" retail wine license.
B. The license fee for Class A and B retail fermented malt beverage licenses and intoxicating liquor licenses and "Class C" wine licenses issued for a period of less than 12 months shall be prorated in accordance with the authority granted under §§ 125.25(1) and (4), 125.26(1) and (4), and 125.51(9), Wis. Stats.
In addition to the requirements imposed by the provisions of the Wisconsin Statutes incorporated by reference herein, the following restrictions shall apply to the issuance of licenses or permits pursuant to this chapter:
A. Inspection of application and premises. The Village Clerk shall notify the Health Officer, Chief of Police, Fire Chief and Building Inspector of all license and permit applications; these officials shall inspect or cause to be inspected each application and the premises to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto and the applicant's fitness for the trust to be imposed. These officials shall furnish to the Village Board in writing the information derived from such investigation. No license or permit provided for in this chapter shall be issued without the approval of the Village Board, and no license shall be renewed without a reinspection of the premises and a written report as herein required.
[Amended 9-18-1995 by Ord. No. 1717; 6-6-2005 by Ord. No. 1887]
B. Health and sanitation. No license or permit shall be issued for any premises which does not conform to the sanitary, safety, and health requirements of the Department of Commerce and the Department of Health and Family Services and to all such ordinances and regulations adopted by the Village.
C. Delinquent taxes, assessments and claims.
(1) Premises. No initial or renewal alcoholic beverage license shall be granted for any premises for which taxes, assessments or other claims of the Village are delinquent and unpaid.
(2) Persons. No initial or renewal alcoholic beverage license shall be granted to any person:
(a) Delinquent in payment of any taxes, assessments or other claims owed to the Village.
(b) Delinquent in payment of a forfeiture resulting from a violation of any ordinance of the Village.
(c) Delinquent in payment to the state of any state taxes owed.
D. Effect of revocation of license. No license shall be issued for any premises if a license covering such premises has been revoked within six months prior to an application. No license shall be issued to any person, firm or corporation who or which has had a license issued pursuant to this chapter revoked within 12 months prior to application.
[Amended 9-18-1995 by Ord. No. 1717]
It shall be a condition of any license or permit issued hereunder that the licensed premises may be entered and inspected at any reasonable hour by any Village police officer, member of the Fire Department or Village Health Department, or the Village Building Inspector, without any warrant, and the application for a license or permit hereunder shall be deemed a consent to this provision. Any refusal to permit such inspection shall automatically operate as a revocation of any license or permit issued hereunder and shall be deemed a violation of this chapter.
Licenses or permits issued hereunder shall be posted and displayed according to law; any licensee or permittee who shall fail to post his license or permit as required shall be presumed to be operating without a license or permit.
Except as authorized by Village permit or license, it shall be unlawful for any person to use, dispense, consume, deal or traffic in, or give away any fermented malt beverages or intoxicating liquors in any public place or on public grounds in the Village.
Subject to other provisions of this chapter, any person aggrieved by an administrative ruling, judgment or decision may appeal for a hearing before the Board of Appeals within 10 days after the issuance of such ruling, judgment or decision. A nonrefundable appeal fee of as provided by the Village Fee Schedule shall accompany each and every appeal brought hereunder. The Village Clerk shall give notice of a hearing to the appellant, to be held within 30 days after service of the notice on the appellant, said service to be served either personally or by certified mail addressed to the appellant's last known address. All other interested parties may be given written notice of said hearing by regular mail. Upon conclusion of the hearing held by the Board of Appeals, the Board shall make a ruling. The written decision of the Board shall be mailed to the appellant by the Village Clerk within 10 days of said decision. Any determination by the Board of Appeals may be appealed to the Circuit Court of Milwaukee County as provided by law.
[Amended 2-4-1991 by Ord. No. 1596]
A. Except where a penalty is otherwise prescribed, the penalty for violation of any provision of this chapter shall be as set forth in §
115-1 of the Village Code.
[Amended 2-25-2008 by Ord. No. 1935]
B. In addition to the provisions of Subsection
A hereunder, compliance with the provisions of this chapter may be enforced by Village officers by injunctional order issued upon the suit of the Village or of any owner of real estate within the Village.
[Added 6-4-2012 by Ord. No. 2007]
A. The Village Board finds that businesses such as restaurants and taverns make important contributions to the Village's economy. These establishments serve important public purposes, including increasing the property tax base, providing employment, offering services and entertainment to Village residents, encouraging visitors to the Village and enhancing the economic and cultural climate in the Village. Excessive license fees deter business and are contrary to the above-stated public purposes. 1997 Wisconsin Act 27 requires municipalities to establish a minimum fee of $10,000 for each Reserve "Class B" License issued, and the new fee far exceeds the actual cost of licensing the activity. It is the purpose of this section to utilize revenue generated by 1997 Wisconsin Act 27 to assist reserve "Class B" licensees to achieve the important public purposes identified herein.
B. Following the issuance of a new reserve "Class B" license and upon application, the Village Board may provide an economic development grant to the licensee in an amount not to exceed the amount actually paid by the licensee to the Village for issuance of the reserve "Class B" liquor license, minus the fee for a "Class B" license. The application shall be referred to the Community Development Authority for review under this section. Upon the recommendation of the Community Development Authority, prior to awarding any grant, the Village Board may make such findings and establish such conditions as appropriate to assure that any funds awarded hereunder serve public purposes and are in the public interest.