Village of Balsam Lake, WI
Polk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Balsam Lake as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 240.
[Adopted 11-5-1990 as §§ 12.03 and 12.10 of the 1990 Code]

§ 180-1 State statutes adopted.

The provisions of Ch. 125, Wis. Stats., defining and regulating the sale, procurement, dispensing, transfer and consumption of alcohol beverages, including provisions relating to underage persons, are adopted and made a part of this article by reference. A violation of any of such provisions shall constitute a violation of this article.

§ 180-2 License, permit or authorization required.

A. 
When required. Except as provided by § 125.06, Wis. Stats., no person shall, within the Village, serve, sell, manufacture, rectify, brew or engage in any other activity for which this article or Ch. 125, Wis. Stats., requires a license, permit or other authorization without holding the appropriate license, permit or other authorization as provided in this article. See § 125.04(1), Wis. Stats.
B. 
Separate license required for each place of sale. Except for licensed public warehouses, a license shall be required for each location or premises where alcohol beverages are stored, sold or offered for sale. See § 125.04(9), Wis. Stats.

§ 180-3 Classes of licenses and fees.

[Amended 8-21-1991[1]]
There shall be the following classes and denominations of licenses which, when issued by the Clerk-Treasurer under the authority of the Village Board, shall authorize the licensee to sell, deal or traffic in intoxicating liquor or fermented malt beverages as provided in the referenced state statute. Fees for "Class A," "Class B," Class "A" and Class "B" licenses shall be prorated as required by Ch. 125, Wis. Stats.
A. 
Class "A" fermented malt beverage retailer's license. See § 125.25, Wis. Stats.
B. 
Class "B" fermented malt beverage retailer's license. See § 125.26, Wis. Stats.
(1) 
Issuance for six months. A Class "B" license may be issued at any time for six months in any calendar year for 50% of the applicable license fee. Such license shall not be renewable during the calendar year in which issued. See § 125.26(5), Wis. Stats.
(2) 
Picnic. See § 125.26(6), Wis. Stats.
(3) 
Club. See § 125.26(6), Wis. Stats.
C. 
Wholesaler's fermented malt beverage license. See § 125.28, Wis. Stats.
D. 
Retail "Class A" liquor license. See § 125.51(2), Wis. Stats.
E. 
Retail "Class B" liquor license.
(1) 
A retail "Class B" liquor license shall permit its holder to sell liquor in original packages or containers in multiples not to exceed four liters at any one time to be consumed off the licensed premises. See § 125.51(3), Wis. Stats.
(2) 
A license may be issued after July 1 in any license year which shall expire on the following June 30. The fee for the license shall be prorated according to the number of months or fractions of months remaining until the following June 30.
F. 
Operator's license. See § 125.17, Wis. Stats.
(1) 
Operators' licenses may be granted to individuals by the Village Board for the purposes of complying with §§ 125.32(2) and 125.68(2), Wis. Stats.
(2) 
Operators' licenses may be issued only on written application on forms provided by the Clerk-Treasurer.
(3) 
Provisional operators' licenses may be granted to individuals by the Village Clerk-Treasurer, pursuant to § 125.17(5), Wis. Stats., to persons who have applied for an operator's license, provided that the applicant signs a statement that the applicant intends to enroll in the next available locally offered responsible beverage server training course. The fee for a provisional operator's license issued pursuant to this article shall be as set by the Village Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 180-4 License application.

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 and filed with the Clerk-Treasurer. The premises shall be physically described, including every room and storage space to be covered by the license and all rooms joined by connecting entrances or not separated by a solid wall.
B. 
Application to be notarized. Applications shall be signed and sworn to by the applicant as provided by § 887.01, Wis. Stats.
C. 
List of licensees. By July 15 of each year, the Clerk-Treasurer shall forward to the State Department of Revenue a list containing the name, address and trade name of each person holding a license issued under this article, except a picnic, manager's or operator's license.

§ 180-5 License restrictions.

A. 
Statutory requirements. "Class B" or Class "B" licenses shall be issued only to persons eligible therefor under § 125.04, Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Location.
(1) 
No retail "Class B" 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.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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.
C. 
Violators of liquor or beer laws or ordinances. No retail "Class B" or Class "B" license shall be issued to any person who has been convicted of a violation of any federal or state liquor or fermented malt beverage law or the provisions of this article or whose license has been revoked under § 125.12, Wis. Stats., during one year prior to such application. A conviction of a member of a partnership or the partnership itself shall make the partnership or any member thereof ineligible for such license for one year.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Health and sanitation requirements. No retail "Class B" or Class "B" license shall be issued for any premises which does not conform to the sanitary, safety and health requirements of the State Department of Commerce pertaining to buildings and plumbing, to the rules and regulations of the State Department of Health and Family Services applicable to restaurants and to all such ordinances and regulations adopted by the Village.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
License quota. The number of persons and places that may be granted a retail "Class B" liquor license under this article is limited as provided in § 125.51(4), Wis. Stats.
F. 
Corporations. No corporation 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 meets the requirements of § 125.04(6), Wis. Stats.
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. Operators' licenses may be issued to applicants who have attained the age of 18.
H. 
Effect of revocation of license. Whenever any license has been revoked, at least 12 months shall elapse before another license shall be granted to the person whose license was revoked.
I. 
Delinquent taxes, assessments and claims. No license shall be granted or renewed for any premises for which taxes, assessments or other claims of the Village are delinquent and unpaid or to any person delinquent in payment of such claims to the Village.
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 intoxicating liquor or fermented malt beverages in any dwelling house, flat or residential apartment.

§ 180-6 Form and expiration of license. [1]

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. The Clerk-Treasurer shall affix the Village Seal to the license.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 180-7 Transfer of licenses.

A. 
As to person. No license shall be transferable as to licensee except as provided by § 125.04(12), Wis. Stats.
B. 
As to place. Licenses issued pursuant to this article may be transferred to another premises once during any license year as provided in § 125.04(12), Wis. Stats. 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. The fee for such transfer shall be as stated in § 125.04(12), Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 180-8 Posting of license or permit.

Every license or permit required under this article shall be framed and posted and at all times displayed as provided in § 125.04(10), Wis. Stats. 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.

§ 180-9 Regulation of licensed premises and licensees.

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 retail "Class B" or Class "B" licensee shall employ any person under the legal drinking age who does not have a valid operator's license to sell, serve or dispense any alcohol beverage.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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. 
Separate area required.
(1) 
Any retail outlet for intoxicating liquor located in the Village which is licensed as "Class A" retail and is not a liquor store per se shall store and display its stock of intoxicating liquors in a separate area of the business establishment. The fact that it is the area for the storing and displaying of the intoxicating liquor shall be plainly marked for all customers to view.
(2) 
In addition, this area shall be capable of being cordoned off between the 9:00 p.m. and 8:00 a.m., provided that the business establishment is open in excess of these designated hours.
(3) 
The business establishment must have checkout personnel on hand between 8:00 a.m. and 9:00 p.m. to insure that no intoxicating liquor is sold to underage or intoxicated customers.

§ 180-10 Closing hours.

A. 
No premises for which a wholesale or retail liquor or fermented malt beverage license has been issued shall remain open for the sale of liquor:
(1) 
If a wholesale license, between 5:00 p.m. and 8:00 a.m., except on Saturday when the closing hour shall be 9:00 p.m.
(2) 
If a retail "Class A" or Class "A" license, premises may remain open for the conduct of their regular business but may not sell intoxicating liquor between 9:00 p.m. and 8:00 a.m. and may not sell fermented malt beverages between 12:00 midnight and 8:00 a.m.
[Amended 4-3-2006 by Ord. No. 2006-02]
(3) 
If a retail "Class B" or Class "B" license, between 2:00 a.m. and 6:00 a.m. weekdays and 2:30 a.m. and 6:00 a.m. Saturdays and Sundays. On January 1, "Class B" or Class "B" premises shall not be required to close. No package, container or bottle sales may be made after 12:00 midnight.
[Amended 4-3-2006 by Ord. No. 2006-02]
B. 
Hotels and restaurants whose principal business is the furnishing of food or lodging to patrons and bowling alleys, golf courses and the like may remain open for the conduct of their regular business, but no intoxicating liquors or fermented malt beverages shall be sold during prohibited hours.

§ 180-11 Revocation or suspension of license.

A. 
Procedure. Whenever the holder of any license under this article violates any portion of this article, proceedings for the revocation or suspension of such license may be instituted under the procedure established by § 125.12, Wis. Stats., and the provisions therein relating to granting a new license shall likewise be applicable.
B. 
Effect of revocation. See § 180-5H of this article.
C. 
Revocation for nonuse. Any Class "A," Class "B" or combined Class "A" and "B" retail intoxicating liquor and fermented malt beverage license that is not utilized for the operation of an inn, tavern, restaurant or other licensed establishment for a period of six consecutive months by the licensee, except in cases of death or ill health, may be forfeited to the Village upon the request of the Village Board, and after a period of three months without a request from the licensee or his assigns or successors for a renewal of the license, the Village Board may at its option direct that such license be issued to a qualifying applicant at the same or a different location.
[Amended 7-6-2009 by Ord. No. 2009-03]
D. 
Repossession of license or permit. Whenever any license or permit under this article shall be revoked or suspended by the Village Board or action of any court, the Clerk-Treasurer shall notify the licensee or permittee of such suspension or revocation and notify the Chief of Police, who shall take physical possession of the license or permit wherever it may be found and file it in the Clerk-Treasurer's office.

§ 180-12 Nonrenewal of license.

Before renewal of any license issued under this article is refused, the licensee shall be given written notice of any charges or violations against him or the reasons proposed for nonrenewal and a copy of any proposed motion for nonrenewal and shall have an opportunity to be heard before the Village Board.

§ 180-13 Violations by agents and employees.

A violation of this article by an authorized agent or employee of a licensee shall constitute a violation by the licensee.

§ 180-14 Violations and penalties.

Except as otherwise provided, in addition to the revocation, suspension or nonrenewal of any license or permit issued under this article, any person found to be in violation of any provision of this article shall be subject to a penalty as provided in Chapter 1, § 1-4, of this Code. This section shall not preclude the Village from maintaining any appropriate action to prevent or remove a violation of this article.
[Adopted 11-5-1990 as §§ 9.16 and 9.20 of the 1990 Code; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 180-15 Consumption; possession of open containers.

No person shall consume any intoxicating beverages or be in possession of any open container containing intoxicating beverages upon any public street or highway, sidewalk, way, alley, beach, parking area, or private property held out to public use within the Village, except on licensed premises or on private property with the owner's consent.

§ 180-16 Parks.

No person shall consume or possess any intoxicating beverages in Ferguson Park.

§ 180-17 Leaving licensed premises with open container.

A. 
No patron shall leave a licensed premises with an open container containing any intoxicating beverage.
B. 
No licensee, permittee or operator shall permit any patron to leave the licensed premises with an open container containing any intoxicating beverage.

§ 180-18 Late closing of licensed premises.

No licensee, permittee or operator shall be open and serving to patrons consuming intoxicating beverages after the legal closing hours set by Wisconsin state statute.

§ 180-19 Closed streets.

Sections 180-15 and 180-17 shall not apply during the time periods when the adjacent public street or highway is closed by Village Board action to vehicular traffic.
A. 
There shall be no selling of intoxicating beverages on the closed street or highway, except on licensed premises.
B. 
Patrons leaving a licensed premises shall remain on the closed street or highway with an open container containing intoxicating beverages.
C. 
The consumption of intoxicating beverages shall not be permitted on private property without the owner's consent. However, consumption on private property held out for public use adjoining the closed streets and highways shall be permitted.
D. 
No consumption of intoxicating beverages shall be permitted on that portion of the Village beach owned by Faith Lutheran Church of Balsam Lake.

§ 180-20 Violations and penalties.

Except as otherwise provided, any person who shall violate any provision of this article shall be subject to a penalty as provided in Chapter 1, § 1-4, of this Code.