There shall be the following classes of licenses which, when issued by the Village Clerk/Treasurer under the authority of the Village Board after payment of the fee specified in §
445-4, shall permit the holder to sell, deal or traffic in alcohol beverages as follows:
A. Class "A" fermented malt beverage retailer's license. A Class
"A" fermented malt beverage retailer's license 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.
B. Class "B" fermented malt beverage retailer's license. A Class
"B" fermented malt beverage retailer's license shall entitle
the holder thereof to possess, sell or offer for sale fermented malt
beverages whether to be consumed upon the premises where sold or away
from such premises. The holder may also sell beverages containing
less than 1/2 of a percentum of alcohol by volume without obtaining
a special license to sell such beverages.
C. "Class A" retail intoxicating liquor license. A "Class A" retail
intoxicating liquor license shall permit its holder to sell, deal
and traffic in intoxicating liquors only in original packages or containers
to be consumed off the premises so licensed.
D. "Class B" retail intoxicating liquor license. A "Class B" retail
intoxicating liquor license 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.
E. Reserve "Class B" liquor license. Reserve "Class B" liquor licenses
are those licenses available under the quota system existing before
December 1, 1997, that were not granted or issued by the Village as
of December 1, 1997. A reserve "Class B" liquor license 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.
F. Temporary Class "B" (picnic) fermented malt beverage license. A temporary
Class "B" (picnic) fermented malt beverage license shall permit the
holder thereof to sell fermented malt beverages (including wine coolers
with a fermented malt beverage base) to consumers at a picnic or similar
gathering of limited duration for only those dates approved by the
Village Board. Such licenses may be issued only 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 and to veterans' organizations pursuant to § 125.26(6),
Wis. Stats.
G. "Class C" wine license. A "Class C" wine license shall permit the
holder thereof to sell wine by the glass or in an opened original
container for consumption on the premises where sold.
(1) A "Class C" wine license may be granted to an applicant only if:
(a) The applicant meets the qualifications set forth in § 125.04(5),
Wis. Stats., for other retail licenses;
(b) The license is for a restaurant in which the sale of alcohol beverages
accounts for less than 50% of gross receipts;
(c) The restaurant does not have a barroom; or
(d) The restaurant has a barroom in which wine is the only intoxicating
liquor sold.
(2) A "Class C" license may not be issued to a foreign corporation, a
foreign limited liability company or a person acting as agent for
or in the employ of another.,
The Village Clerk/Treasurer or Village Manager may issue a provisional retail license to a person who has applied for a Class "A," Class "B," "Class A," "Class B" or "Class C" license which authorizes only the activities that the type of retail license applied for authorizes, in accordance with § 125.185, Wis. Stats., for a nonrefundable fee per license issued, as provided in Chapter
63, Fees. The provisional retail license shall expire 60 days after its issuance or when a Class "A," Class "B," "Class A" or "Class B" license is issued to the holder, whichever is sooner. The Village Clerk/Treasurer or Village Manager may revoke a provisional retail license if it is determined that the holder of the license made a false statement on the application. The Village Clerk/Treasurer or Village Manager may not issue a provisional "Class B" license if the Village's quota under § 125.51(4), Wis. Stats., prohibits the issuance of a "Class B" license. No person may hold more than one provisional retail license for each type of license applied for by the holder, per year.
No retail "Class B" or reserve "Class B" license shall be issued
unless the premises to be licensed conforms to the sanitary, safety
and health requirements of the State Building Code, the State Plumbing
Code, and the rules and regulations of the State Department of Health
Services applicable to restaurants as contemplated in § 125.68(5),
Wis. Stats., and also conforms to all ordinances and regulations adopted
by the Village.
Every Village police officer, Building Inspector, Health Officer,
and fire fighter serving the Village shall at all times have the right
to enter and inspect the premises for which a retail "Class B" license
has been applied for or is in effect to determine whether or not the
premises complies with the provisions of this chapter. Refusal or
failure to admit any such officer, employee or agent of the Village
to enter and inspect the premises shall constitute a violation of
this chapter.
Closing hours shall be as prescribed by § 125.68(4),
Wis. Stats., for the sale of intoxicating liquor and as prescribed
by § 125.32(3), Wis. Stats., for the sale of fermented malt
beverages.
No initial or renewal alcohol beverage license shall be granted
for any premises for which taxes, assessments, utility bills or other
claims of the Village are delinquent and unpaid. No initial or renewal
of a liquor license shall be granted to any person who is delinquent
in payment of any taxes, assessments, utility bills or other claims
owed to the Village and/or is delinquent in payment of a forfeiture
resulting from a violation of any ordinance of the Village.