[HISTORY: Adopted by the Village Board of
the Village of Siren as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-8-1988 as Title 7, Ch. 2 of the 1988 Code]
The provisions of Ch. 125, Wis. Stats., relating
to the sale of intoxicating liquor and fermented malt beverages, 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.
As used in this article, the terms "alcohol
beverages," "intoxicating liquors," "sell," "sold," "sale," "restaurant,"
"club," "retailer," "person," "fermented malt beverages," "wholesalers"
and "operators" 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 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.
There shall be the following classes and denominations of licenses
which, when issued by the Village Clerk-Treasurer under the authority
of the Village Board after payment of the fee set by the Village Board,
shall permit the holder to sell, deal or traffic in intoxicating liquors
or fermented malt beverages as provided in §§ 125.04(5)
and (6), 125.17, 125.26(2), 125.28(1)(a), (b) and (d) and (2), 125.32(2),
125.51(2) and (3) and 125.68(2), 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 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" retailer's fermented malt beverage 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.
D.
Class "B" fermented malt beverage retailer's 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, either to be consumed 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. A Class "B" fermented
malt beverage retailer's license for brewers shall be issued pursuant
to §§ 125.06(1) and 125.31(1)(a), Wis. Stats.
E.
Special Class "B" fermented malt beverage picnic license.
(1)
License. A special Class "B" picnic license, when
issued by the Village Clerk-Treasurer under authority of the Village
Board, as provided for in § 125.26(6), Wis. Stats., shall
entitle the holder thereof to possess, sell or offer for sale fermented
malt beverages at a particular picnic, post meeting, fair or similar
gathering. Such license 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.
Such license is valid for dates as approved by the Village Board.
Irrespective of other sections of this article, the Village Board
is hereby authorized to issue a fermented malt beverage license to
any local civic or any local religious or any local not-for-profit
organization pursuant to this subsection.
(2)
Application. Application for such license shall be signed by the president or corresponding officer of the society 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 as provided in § 330-21 and will be ineligible to apply for a special 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. Such license shall be valid for no 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.
"Class
C" wine license. A "Class C" wine license, when issued by the Village
Clerk-Treasurer under the authority of the Village Board, shall entitle
the holder thereof to sell wine by the glass or in an opened original
container for consumption on the premises where sold.
[Added 4-5-2007; amended 3-6-2008]
A.
The number of "Class A" licenses authorizing the sale
of intoxicating liquor available in the Village shall be set at 50%
of the number of "Class B" licenses authorizing the sale of intoxicating
liquor available in the Village. If the number of "Class B" licenses
available is an odd number, the number of "Class A" licenses available
shall be rounded up. The minimum number of "Class A" licenses available
shall be three.
[Amended 4-5-2012 by Ord.
No. 2012-05]
B.
If territory containing premises covered by a "Class
A" license is annexed into the Village, the quota of "Class A" licenses
is increased to include the license of each premises in the annexed
territory. This increase shall be subject to the following provision:
in the event that an annexed "Class A" license is revoked or not renewed
or the business associated with that license closes, the quota of
"Class A" licenses shall be decreased by one.
C.
No retail "Class A" license shall be granted for any
premises selling goods other than alcohol beverages, excepting those
items normally associated with the sale of alcohol beverages, unless
the following conditions are met:
(1)
All intoxicating liquor and wine is kept in an enclosed,
secure and electronically monitored and recorded area consisting of
a separate room with walls extending to the ceiling and a lockable
gate or door.
(2)
The enclosed area must be closed and locked to the
public during hours when intoxicating liquor may not be sold.
(3)
The enclosed area must be clearly marked as such and
labeled as off limits to underage persons.
(4)
Liquor and wine shall only be stored in a secure storage
room with access restricted to employees with operators' licenses
and distributors.
D.
A retail "Class A" license shall not be issued until
the premises is inspected by the Police Chief and he/she has approved
with a signed statement that all conditions are met. Inspection and
signed approval of the premises are required annually for "Class A"
license renewal.
E.
Any "Class A" license duly issued which is not used
for 180 consecutive days or a license duly granted and not issued
within 180 days shall be subject to revocation by the Village Board.
Such license may not be reissued during this one-hundred-eighty-day
period. In case of revocation under this subsection, no refund of
the license fee shall be made.
[Amended 2-10-2011 by Ord. No. 2011-01]
License fees shall be set by the Village Board.
The current fee schedule shall be on file in the Village Clerk-Treasurer's
office.
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 and
secretary if a corporation.
C.
Publication. The application shall be published once
in the official Village newspaper, and the costs of publication shall
be paid by the applicant.
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. No more than the number of licenses
permitted under Ch. 125, Wis. Stats., shall be granted by the Village.
A.
Residency requirements. All classes of alcoholic beverage
licenses will only be issued to those individuals who are citizens
of the United States and meet the residency requirements of the State
of Wisconsin per § 125.04(5)(a)2, Wis. Stats.[1]
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 has the right to possession of the premises described in
the application for the license period, by lease or by deed.
E.
Corporate restrictions.
(1)
No license shall be granted to any corporation which
does not comply with the provisions of § 125.04(6), Wis.
Stats., which does not have an agent eligible for a license under
this article or under state law, or which has more than 50% of the
stock interest, legal or beneficial, in such corporation held by any
person or persons not eligible for a license under this article or
under the state law.
(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.
Separate license required for each place of sale.
A separate license shall be required for each stand, place, room or
enclosure or for each suite of rooms or enclosures which are in a
direct connection or communication where intoxicating liquor or fermented
malt beverages are kept, sold or offered for sale, and no license
shall be issued to any person, firm, partnership, corporation or association
for the purpose of possession, selling or offering for sale any intoxicating
liquors or fermented malt beverages in any dwelling house, flat or
residential apartment.
The Village Clerk-Treasurer shall notify the
Chief of Police, Building Inspector and Chief of the Fire Department
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, in writing, to the Village
Clerk-Treasurer, 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.
In determining the suitability of an applicant, consideration
shall be given to the moral character and financial responsibility
of the applicant, the appropriateness of the location and premises
proposed and generally the applicant's fitness for the trust to be
reposed.
B.
No license shall be granted for operation on any premises
or with any equipment for which taxes or assessments or other financial
claims of the Village are delinquent and unpaid.
C.
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]
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.
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 is set by the Village Board. 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.
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 and the Wisconsin Department of Revenue.
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.
[Amended 4-5-2007[1]]
All retail Class "A," Class "B," "Class A,"
"Class B" and "Class C" 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 authorized
by §§ 125.32 and 125.68, 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.
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" license unless he 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" or "Class C" liquor 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.
F.
Restrictions near schools. 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 or parochial school. Such distance shall
be measured by the shortest route along the highway from the closest
point of the main entrance to such school to the main entrance to
such premises. This subsection shall not apply to premises licensed
as such prior to the occupation of real property within 300 feet thereof
by any school building.
G.
Clubs. No club shall sell or give away any intoxicating
liquor except to bona fide members and guests invited by members.
H.
Gambling prohibited. 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 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.[2]
[Amended 2-10-2011 by Ord. No. 2011-01]
Closing hours shall be established in conformance
with §§ 125.32(3) and 125.68(4), Wis. Stats., and further
restricted as follows:
A.
Class "B," "Class B" and "Class C" licenses.
(1)
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., except Saturdays and Sundays when the closing
hours shall be between 2:30 a.m. and 6:00 a.m.
B.
Class "A" and "Class A" licenses. "Class A" liquor
licensed premises may remain open for the conduct of their regular
business daily between the hours of 6:00 a.m. and 9:00 p.m., and Class
"A" fermented malt beverage licensed premises between the hours of
6:00 a.m. and 12:00 midnight.
[Amended 7-5-2012 by Ord. No. 2012-10]
C.
Modification of closing hours. Closing hours may be
modified for specific events by a majority vote of the Village Board.
[Amended 2-10-2011 by Ord. No. 2011-01; 7-9-2020 by Ord. No. 2020-02]
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 Siren except through the issuance of a temporary Class
"B" permit issued by the Police Department in accordance with Wisconsin
Statutes and as set forth in this section. A temporary Class "B" permit
authorizing the sale and consumption of beer on Village-owned property
or privately owned property may be authorized by the Police Department,
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 § 330-22.
B.
Posting of signs and permits. All organizations issued
a permit 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. All organizations shall install a double
fence around the main point of sale to control ingress and egress
and shall continually station a licensed operator or security guard
at the entrance for the purpose of checking age identification. There
shall be only one point of ingress and egress. The double fence shall
be a minimum of four feet high and a minimum of six feet between fences.
A single eight-foot chain link fence may be used to meet the fence
requirements.
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 at any point of sale, except for
a person holding a valid operator's license, nor shall underage persons
be allowed to loiter or linger in the area of any point of sale.
E.
Licensed operators requirement. A licensed operator
shall be stationed at all points of sales at all times.
F.
Permitted cups or cans only. Intoxicants will be sold
only in foam or plastic cups or cans.
G.
Additional requirements. In addition, requesting organizations
shall comply with the following:
(1)
When the event sponsored by the requesting organization
is to take place on Village park property, the organization shall
work closely with the Village officials in locating, setting up and
identifying the size of the snow fence area. Such information shall
be made part of the temporary Class "B" permit application.
(2)
When the event sponsored by the requesting organization
is to take place on Village-owned property other than park property
and/or privately owned property, the organization shall work closely
with the Police Department in locating and setting up the snow fence
area. The Chief of Police shall work closely with the requesting organization
in identifying the size of the fenced-in area and the exact location.
Such information shall be made part of the temporary Class "B" permit
application. For indoor events, the structure used must have suitable
exits and open spaces to accommodate anticipated attendance. It shall
contain adequate sanitary facilities to accommodate the size of the
group.
H.
Insurance. The applicant for a special Class "B" fermented
malt beverage permit may be required to indemnify, defend and hold
the Village and its employees and agents harmless against all claims
for the 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
permit, the applicant may be required to furnish a certificate of
comprehensive general liability insurance to the Village of Siren.
The applicant may be required to furnish a performance bond prior
to being granted the permit.
A.
Required for outdoor consumption. No licensee shall
permit the consumption of alcohol beverages on any part of the 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 at its pleasure
at any time 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. No
permit shall be issued for a beer garden if any part of the beer garden
is within 100 feet of a structure used for residential purposes, except
residential uses located in the same structure as the licensed premises.
No permit shall be issued for a beer garden if the beer garden area
is greater than 50% of the gross floor area of the adjoining licensed
premises. 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. Every beer garden shall be
completely enclosed with a fence or wall not less than six feet in
height. No amplified sound or music is permitted outside the enclosed
(building) premises. Amplified sound or music is not permitted in
the beer garden. There shall be a licensed operator within the beer
garden at all times the beer garden is in operation.
C.
Adjoining property owners to be notified of pendency
of application. All property owners within 150 feet of the proposed
beer garden shall be notified of the pendency of application for a
beer garden permit by first-class mail.
D.
State statutes enforced within beer garden. Every
permittee under this section 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 immediate
revocation of the beer garden permit by the Village Board.
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 and by Ch. 125, Wis. Stats.
B.
Abandonment of premises. Any licensee holding a license
to sell alcohol beverages who abandons such business shall forfeit
any right or preference he may have to the holding of or renewal of
such license. Abandonment shall be sufficient grounds for revocation
of any alcohol beverage 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.[1]
A.
Operator's license required. There shall be upon the
premises operated under a "Class A" or "Class B" intoxicating liquor
license or Class "B" fermented malt beverage license or "Class C"
wine license at all times the licensee or some other person who shall
have an operator's license and who shall be responsible for the acts
of all persons serving or selling any intoxicating liquor or fermented
malt beverages to customers. No person other than the licensee shall
serve or sell fermented malt beverages or intoxicating liquor in any
place operated under the "Class "A," "Class B," Class "B" or "Class
C" license unless he shall possess an operator's license or unless
he shall be under the immediate supervision of the licensee or a person
holding an operator's license who shall be upon the premises at the
time of such service.
[Amended 2-10-2011 by Ord. No. 2011-01]
B.
Procedure upon application. 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 eligible under state law. An operator's license shall
be operative only within the limits of the Village.
C.
Duration. Licenses issued under the provisions of
this section shall be valid for a period of one year and shall expire
on the 30th day of June.
D.
Operator's license fee. The fee for an operator's
license shall be set by the Village Board.
E.
Provisional
license. The Village Clerk-Treasurer may issue a provisional operator's
license in accordance with § 125.17(5), Wis. Stats., at
a cost as set by the Village Board per license so issued. 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 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 program as 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 successful completion of the approved program.
A provisional license may not be issued to any person who has been
denied an operator's license by the Village Board or who has had his
operator's license revoked or suspended within the preceding 12 months.
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 discovers that the
holder of the license made a false statement on the application.
F.
Issuance. After the Police Department 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.
[Amended 7-9-2020 by Ord. No. 2020-03]
G.
Display of license. Each license issued under the
provisions of this section shall be posted on the premises whenever
the operator dispenses beverages.
H.
Revocation of operator's license. Violation of any
of the terms or provisions of the state law or of this article relating
to an operator's license 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 § 330-1 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 1-8-1988 as Title 9, Ch. 5 of the 1988 Code[1]]
[1]
Editor's Note: The following sections which originally appeared in this article were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II): Sec. 9-5-2, Sale to underage or intoxicated persons restricted; Sec. 9-5-3, Underage persons' presence in places of sale, penalty; Sec. 9-5-4, Underage persons, prohibitions, penalties; Sec. 9-5-5, Defense of sellers; Sec. 9-5-6, Persons who have attained the legal drinking age; false or altered identification cards; Sec. 9-5-7, Possession of alcohol beverages on school grounds; and Sec. 9-5-8, Adult permitting or encouraging underage violation. See §§ 125.07, 125.085 and 125.09, Wis. Stats., adopted by reference in § 330-1 and the penalties prescribed in § 330-21A.
A.
ALCOHOL BEVERAGE
PUBLIC AREA
UNDERAGE PERSON
Definitions.
As used in this section, 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.
B.
Regulations. 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 drive or other public area within the Village
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 or outside a designated picnic area within the Village
except at licensed premises.
C.
Parks. It shall be unlawful for any person to drink
or have in his or her possession any alcohol beverage in any Village
park between the hours of 10:00 p.m. and 6:00 a.m. except at licensed
premises.
D.
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.
E.
Leaving licensed premises with open container.
(1)
It shall be unlawful for any licensee, permittee or
operator to permit any patron to leave the licensed premises with
an open container containing any alcohol beverage.
(2)
It shall be unlawful for any patron to leave a licensed
premises with an open container containing any alcohol beverage.
(3)
It shall be unlawful for any patron to remove an original
unopened package, container or bottle containing any alcohol beverage
from the licensed premises between the hours of 9:00 p.m. and 8:00
a.m.
F.
G.
Exceptions.
(1)
The provisions of this section may be waived by the
Village Board for duly authorized events.
Any licensee, permittee or bartender of a retail
alcohol beverage establishment covered by a license or permit issued
by the Village who permits an entertainer or an employee to solicit
a drink of any alcohol beverage defined in § 125.02(1),
Wis. Stats., or any other drink from a customer on the premises or
any entertainer or employee who solicits such drink from any customer
is deemed in violation of this section.
