[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]
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.
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.
[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.
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.
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)
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]
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]
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.
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.
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]
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.
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]
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.
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.
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.
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.
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.
A violation of this article by an authorized
agent or employee of a licensee shall constitute a violation by the
licensee.
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)]
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.
No person shall consume or possess any intoxicating
beverages in Ferguson Park.
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.
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.
