[HISTORY: Adopted by the Village Board of the Village of Blanchardville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 256.
Nonintoxicating beverages — See Ch. 295.
[Adopted as Secs. 9.08 and 9.30 of the 2003 Municipal Code]
As used in this article, the following terms shall have the meanings indicated:
LICENSED PREMISES
The area within a building or structure which is licensed pursuant to this article of this Code, but not including parking lots, sidewalks, roadways or land which is adjacent to the building or structure and within the property boundary lines, unless authorized by the Village Board.
PUBLIC PARKING LOT
Any area held out to the public for the parking of motor vehicles, whether such area is publicly or privately owned.
PUBLIC PROPERTY
Any property, including buildings or structures thereon, which is owned, leased or operated by the Village, or public, private or parochial schools; public sidewalks; roadways and streets; playgrounds; parks; and alleys.
No person shall consume any fermented malt beverage or intoxicating liquor in or upon any public property or public parking lot.
No person who has purchased fermented malt beverages or intoxicating liquor from any licensed premises shall consume said beverages or liquor outside of, but within the property boundary lines of, such premises.
A. 
The prohibitions in §§ 235-2 and 235-3 above shall not apply to those events or activities which are otherwise permitted or licensed pursuant to this article.
B. 
The prohibition in § 235-2 above shall not apply to a school-sponsored activity when specifically permitted in writing by the school administrator.
C. 
The prohibitions in §§ 235-2 and 235-3 above shall not apply to those persons who transport unopened fermented malt beverages or intoxicating liquor from a point of purchase to their destination unless it is in violation of § 346.93, Wis. Stats.
Any person who shall violate any provision of this article shall be subject to a penalty as provided in § 1-4 of this Code.
[Adopted as Secs. 12.02 and 12.15 of the 2003 Municipal Code]
The provisions of Ch. 125, Wis. Stats., relating to the sale of intoxicating liquor and fermented malt beverages, except §§ 125.03, 125.15, 125.16, 125.19, 125.30, 125.33, 125.52, 125.53, 125.54, 125.55, 125.56, 125.58, 125.60, 125.61, 125.62, 125.65, 125.67 and 125.69, 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 article by reference. A violation of any such provision, or future amendments thereto, shall constitute a violation of this article.
As used in this article, the following definitions apply:
LEGAL DRINKING AGE
Twenty-one years of age.
UNDERAGE PERSON
A person who has not attained the legal drinking age.
Application for a license to sell or deal in alcohol beverages shall be made in writing on the form prescribed by § 125.04(3), Wis. Stats., and shall be filed together with the cost of publication as provided by § 125.04(3)(g)6., Wis. Stats., with the Clerk-Treasurer not less than 15 days prior to the granting of the license. However, applications for licenses to be issued under §§ 125.26(6) and 125.51(10), Wis. Stats., shall be filed with the Clerk-Treasurer not less than three days prior to the granting of the license. Further, as a condition of granting an operator's license, the applicant shall permit the Village to secure from the Federal Bureau of Investigation and the Wisconsin Crime Information Bureau a record check of the applicant. No license shall be issued until the fee has been paid.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 8-31-2009 by Ord. No. 2009-03]
The Clerk-Treasurer shall notify the Police Officer in Charge and the Fire Chief of each new license and permit application and these officials shall review such application and inspect, or cause to be inspected, the premises to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto. These officials shall furnish to the Village Board, in writing, the information derived from such investigation. No license or permit provided for in this article shall be issued without the approval of a majority of the Village Board, and no license shall be renewed without a report from the Police Officer in Charge.
[Amended 5-6-2013 by Ord. No. 2013-01; 8-2-2021]
The fees for issuance of fermented malt beverage and intoxicating liquor licenses shall be as follows:
A. 
Class "A" fermented malt beverage license: $150 per year. See § 125.25, Wis. Stats.
B. 
Class "B" fermented malt beverage license: $100 per year. See § 125.26, Wis. Stats.
C. 
Temporary Class "B" licenses.
(1) 
Picnic license, beer: $10 per event issued to organizations enumerated in § 125.51(10), Wis. Stats., to sell or serve fermented malt beverages at a picnic, meeting or gathering. See also § 125.26(6), Wis. Stats. In addition to designating the hours and dates of fermented malt beverage sales, picnic licenses are subject to § 235-15P.
(2) 
Picnic license, wine: $10 per event, except that no fee shall be charged in the event a license under Subsection C(1) above is simultaneously issued. Issued to organizations enumerated in § 125.51(10), Wis. Stats., to sell or serve wine at a picnic, meeting or gathering. See § 125.51(10), Wis. Stats.
(3) 
Annual quota. No more than two licenses may be issued to any one organization in any twelve-month period.
D. 
"Class A" intoxicating liquor license: $250 per year. See § 125.51(2), Wis. Stats.
E. 
"Class B" intoxicating liquor license: $400 per year, except the license fee for bona fide clubs and lodges situated and incorporated or chartered in the state for at least six years shall be $50 per year, as provided in § 125.51(3)(e), Wis. Stats.
(1) 
A license may be issued after July 1 in any license year. The license shall expire on the following June 30. The fee for the license shall be prorated according to the number of months or fraction thereof remaining until the following June 30.
(2) 
Licenses valid for six months may be issued at any time. The fee for the license shall be 50% of the annual license fee. The license may not be renewed during the calendar year in which issued.
F. 
"Class C" wine license: $100 per year. See § 125.51(3m), Wis. Stats.
G. 
Reserve "Class B" intoxicating liquor license: $10,000 for initial license, $400 per year thereafter. See § 125.51, Wis. Stats.
H. 
Wholesalers fermented malt beverage license: $25 per year or fraction thereof. See § 125.51(2), Wis. Stats.
I. 
Operator's license: The Village Board will review and set operator license fees yearly and post fees for the public. No new operator's license shall be granted unless the applicant has successfully completed a VTAE responsible beverage server training course or is otherwise exempt from such requirement under § 125.17(6)(a), Wis. Stats. The Clerk-Treasurer may issue a provisional operator's license to a person who is enrolled in said training course and shall revoke such license if the applicant fails to successfully complete the course.
J. 
Provisional operator's license: $15 for up to 30 days, as provided in § 125.17(5), Wis. Stats.
K. 
Provisional retail alcohol beverage license: $15 for up to 60 days, as provided in § 125.185, Wis. Stats.
L. 
Temporary operator's license: $5 for up to 14 days, as provided in § 125.17(4), Wis. Stats.
M. 
Transfer of license to another premises: $10.
N. 
Publication fee: $15.
All applications for an annual operator's license shall be filed in the office of the Clerk-Treasurer on or before May 31 of each year, provided that nothing shall prevent the Village Board from granting any license which is applied for at least five working days before a Village Board meeting at any other time for a fraction of the year for the annual fee.
No person shall vend, sell, deal or traffic in, or, for the purpose of evading any law or ordinance, give away any liquor or fermented malt beverages, or cause the same to be done, without having procured a license as provided in this article nor without complying with all provisions of this article, and all statutes, ordinances and regulations applicable thereto. A license shall be required for each stand, place, room or enclosure or for each suite of rooms or enclosures which are in direct connection or communication to each other where liquor and fermented malt beverages are kept, sold or offered for sale.
A. 
Natural persons. Licenses related to alcohol beverages, issued to natural person under this article, may be issued only to persons who:
(1) 
Do not have an arrest or conviction record, subject to §§ 111.321, 111.322 and 111.335, Wis. Stats.
(2) 
Have been residents of this state continuously for at least 90 days prior to the date of filing the application for license, except that Class B licenses may be issued to a person who has been a resident of the state continuously for 90 days prior to the date of the application.
(3) 
Have attained the legal drinking age, except that operators' licenses may be issued to any person who has attained the age of 18.
B. 
Criminal offenders. No license or permit related to alcohol beverages may, subject to §§ 111.321, 111.322 and 111.335, Wis. Stats., be issued under this article to any natural person who has been convicted of a felony unless the person has been duly pardoned.
C. 
Corporations. No license or permit may be issued to any corporation unless the agent of the corporation appointed under § 125.04(6), Wis. Stats., and the officers and directors of the corporation meet the qualifications of Subsection A(1) and (3) and Subsection B above, except that Subsection A(2) does not apply to agents.
A. 
"Class B" liquor license quota. The number of "Class B" liquor licenses to be issued hereunder is limited to the number permitted under § 125.51(4), Wis. Stats.
B. 
Class "A" intoxicating liquor licenses and "Class A" fermented malt beverage licenses. The number of Class "A" intoxicating liquor licenses and "Class A" fermented malt beverage licenses shall be limited to three, respectively.
In addition to the conditions and restrictions imposed by state law on the granting of Class B fermented malt beverage licenses and intoxicating liquor licenses hereunder, the following conditions and restrictions shall apply:
A. 
Consent to inspection of premises. It shall be a condition of any license issued hereunder that the licensed premises may be entered and inspected at any reasonable hour by any police officer of the Village without any warrant, and the application for a license hereunder shall be deemed a consent to this provision. If such inspection is denied, such denial shall be deemed a violation of this article.
B. 
Violation by agents or employees. A violation of this article by a duly authorized agent or employee of a licensee shall constitute a violation by the licensee.
C. 
Sales to underage persons restricted. No alcohol beverage shall be sold, dispensed, given away or furnished to any underage person unless accompanied by a parent, guardian or spouse who has attained the legal drinking age.
D. 
Sales by clubs. No club shall sell intoxicating liquors or fermented malt beverages except to members and guests invited by members.
E. 
Commencement of operations. Within 90 days after the issuance of a Class B license or a Class A license, the licensee shall be open for business with adequate stock and equipment. Upon his failure to do business within such time, his license shall be subject to revocation by the Village Board after a public hearing. The Board may, for good cause shown, extend such ninety-day period.
F. 
Cessation of operations. If any licensee shall suspend or cease doing business for 90 consecutive days, his Class B intoxicating liquor license and Class A fermented malt beverage license shall be subject to revocation by the Village Board after a public hearing. The Board may, for good cause shown, extend such ninety-day period.
G. 
Transfer of license. No license shall be transferable from person to person except as provided in § 125.04(12)(b), Wis. Stats., or from place to place, except as provided in § 125.04(12)(a), Wis. Stats.
H. 
Location of premises restricted. No retail 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. This subsection shall not apply to premises so licensed on June 30, 1947.
I. 
Safety and health requirements. No retail Class B license shall be issued unless the premises to be licensed conform 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 Safety and Professional Services applicable to restaurants, and also shall conform to all ordinances and regulations of the Village.
J. 
Operator on duty required. The licensee, a member of his immediate family or a licensed operator must be present at all times in the immediate area open to the public where alcohol beverages are being served.
K. 
Village taxes and claims. No license shall be granted for operation on any premises upon which personal property taxes or assessments or other financial claims of the Village are delinquent and unpaid.
L. 
Disorderly conduct and gambling 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.
M. 
Nude dancing in licensed establishments.
(1) 
Prohibited. It is unlawful for any person to perform or engage in, or for any licensee or manager or agent of the licensee to permit any person, employee, entertainer or patron to perform or engage in, any live act, demonstration, dance or exhibition on the premises of a licensed establishment which:
(a) 
Shows his or her genitals, pubic area, vulva, anus, anal clef or cleavage with less than a fully opaque covering; or
(b) 
Shows any portion of the female breast below a point immediately above the top of the areola; or
(c) 
Shows the covered male genitals in a discernibly turgid state.
(2) 
Exemption. The provisions of this subsection do not apply to theaters, performing arts centers, civic centers and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers of entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.
(3) 
Definitions. For purposes of this subsection the following terms shall have the meanings indicated:
LICENSED ESTABLISHMENT
Any establishment licensed by the Village to sell alcohol beverages pursuant to Ch. 125, Wis. Stats.
LICENSEE
The holder of a retail "Class A", "Class B", Class "B", Class "A" or "Class C" license granted by the Village pursuant to Ch. 125, Wis. Stats.
(4) 
Penalties.[1] Any person who violates any of the provisions of this subsection shall be subject to a forfeiture as provided in § 1-4 of this Code. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this subsection constitutes sufficient grounds for suspending, revoking or nonrenewing an alcohol beverage license under § 125.12, Wis. Stats.
[1]
Editor's Note: See also § 235-21, Violations and penalties.
N. 
Posting of licenses required. Licenses or permits issued under this article shall be posted and displayed as provided in § 125.04(10), Wis. Stats., and any licensee or permittee who shall fail to post his license or permit as therein required shall be presumed to be operating without a license.
O. 
Live music and dancing. No live music or dancing shall be permitted on any outdoor premises holding a "Class B" liquor license, except as follows:
(1) 
The area must meet all requirements of § 235-15P.
(2) 
Unless license issued under § 235-10D already describes outside area and meets requirements of § 235-15O, the establishment must apply for an amended license strictly describing the outside area which needs to be licensed.
(3) 
The music must end by 1:00 a.m. with no exceptions.
P. 
Outdoor picnic licensed fermented malt beverage gardens. All outside fermented malt beverage gardens operating under § 235-10B, shall be required to fence in all areas where fermented malt beverages will be sold and/or consumed and be strictly defined on the picnic license.
(1) 
The fencing called for herein shall be of such type to restrict the passing of objects through or over it and shall comply with either of the following:
(a) 
Fence must be a minimum of four feet tall and a second fence of the same height must be placed at least six feet from the first fence.
(b) 
Fence shall be a minimum of six feet tall.
(2) 
The Village Board may adopt, alter, and amend certain additional restrictions applicable to such licensed premises under this subsection, the same to be conditions upon which the license is issued. Such additional restrictions are adopted by reference and made a part of this article. The violation of any said restrictions shall be a violation of this article.
Q. 
Outdoor fermented malt beverage and intoxicating liquor gardens.
(1) 
Definition. As used in this article, the following terms shall have the meanings indicated:
OUTDOOR FERMENTED MALT BEVERAGE AND INTOXICATING LIQUOR GARDENS
Any area of a premises which is licensed under this article for the sale of fermented malt beverages and/or intoxicating liquor for consumption whether on premises or off premises, which area is:
(a) 
Specifically included in the licensed premises of the licenses issued by the Village of Blanchardville pursuant to this article; and
(b) 
A porch, patio, or other similar area outside of the enclosed structure or structures of the licensed premises.
(2) 
All outside fermented malt beverage and intoxicating liquor gardens operating under § 235-10A and D where fermented malt beverages and intoxicating liquor are sold and/or consumed shall comply with the following:
(a) 
The outside area must be strictly defined on the license issued by the Village as per §§ 125.26(3) and 125.51(3)(2d), Wis. Stats.
(b) 
The area must be permanently fenced in with a fence that is at a minimum of three feet tall.
R. 
Operation by licensee under Class A or B license; additional Village regulations.
[Added 3-3-2003 by Ord. No. 2003-01]
(1) 
View of interior to be unobstructed.
(a) 
Blinds, screens, and partitions. No holder of a retail Class B license hereunder shall permit the interior of the premises to be obstructed. This subsection shall not apply to a licensed premises where the principal business conducted is that of a restaurant or hotel.
(b) 
Windows and doors. Windows and doors of any licensed premises shall not be obstructed by screens, blinds, paints or other articles. This subsection does not apply to a licensed premises where the principal business conducted is that of a hotel or restaurant.
No premises for which an alcohol beverage license has been issued shall remain open for the sale of alcohol beverages, as follows:
A. 
Wholesale license. Between 5:00 p.m. and 8:00 a.m., except Saturdays when the closing hour shall be 9:00 p.m.
B. 
Retail Class "A" license. Between 10:00 p.m. and 8:00 a.m.
[Amended 8-4-2003 by Ord. No. 2003-03]
C. 
Retail "Class A" license. Between 9:00 p.m. and 8:00 a.m.
D. 
Retail "Class B" license. No premises shall be open for the sale of intoxicating liquor or fermented malt beverage between the hours of 2:00 a.m. to 6:00 a.m., except on Saturday and Sunday the closing hour shall be 2:30 a.m.; on January 1 there are no closing hours.
E. 
Hotels and restaurants. Hotels and restaurants, the principal business of which is the furnishing of food and/or lodging to patrons, shall be permitted to remain open after closing hours for the conduct of regular business, but shall not sell intoxicating liquors or malt beverages during the closing hours stated in Subsection D above.
F. 
Presence on premises after closing hour restricted.
(1) 
Any person who is not an employee of the licensee who remains on the premises after the designated closing hour is subject to the penalties as provided in this article.
(2) 
Any person while on the premises after closing hours shall be actively engaged in bona fide business activities and may not consume alcohol beverages.
A. 
Sale restrictions. Pursuant to § 125.51(3)(b), Wis. Stats., no person may sell intoxicating liquor in an original unopened package, container or bottle for consumption away from the premises in excess of four liters at any one time on any premises for which any "Class B" intoxicating liquor license or combination "Class B" alcohol beverage license has been issued. However, packaged goods sales of fermented malt beverages and wine from such premises may be made in any quantity.
B. 
Hours of sale. Between the hours of 12:00 midnight and 8:00 a.m., no person may sell any packaged goods from any Class B licensed premises.
A. 
Restrictions. Pursuant to § 125.07, Wis. Stats., an underage person not accompanied by his parent, guardian or spouse who has attained the legal drinking age may not enter, knowingly attempt to enter or be on any premises for which a license or permit for the retail sale of alcohol beverages has been issued for any purpose except the transaction of business pertaining to the licensed premises with or for the licensee or his employee. The business may not be amusement or the purchase, receiving or consumption of edibles or beverages or similar activities which normally constitute activities of a customer of the premises.
B. 
This section does not apply to:
(1) 
An underage person who is a resident, employee, lodger or boarder on the premises controlled by the proprietor, licensee or permittee of which the licensed premises consists or is a part.
(2) 
An underage person who enters or is on a Class "A" premises for the purpose of purchasing items other than alcohol beverages. An underage person so entering the premises may not remain on the premises after the purchase.
(3) 
Hotels, drugstores, grocery stores, bowling alleys, service stations, vessels, cars operated by any railroad, regularly established athletic fields, stadiums or public facilities as defined in § 125.51(5)(b)1.d, which are owned by a county or municipality or center for the visual or performing arts.
(4) 
Licensed restaurants where the principal business is that of a restaurant.
(5) 
A person who is at least 18 years of age and who is working under a contract with the licensee, permittee or corporate agent to provide entertainment for customers on the premises.
(6) 
An underage person who enters on a Class "B" or "Class B" premises on dates specified by the licensee when no alcohol beverages will be consumed, sold or given away. The licensee shall notify the Police Department of such specified dates and, unless all alcohol beverages are stored in a locked portion of the premises, the licensee or a licensed operator must be on the premise at all times.
A. 
Restrictions. Pursuant to § 125.07(4)(b) and (bm), Wis. Stats., no underage person not accompanied by a parent, guardian or spouse who has attained the legal drinking age may knowingly possess or consume alcohol beverages.
B. 
Exceptions. An underage person may possess alcohol beverages if employed by any of the following:
(1) 
A brewer.
(2) 
A fermented malt beverages wholesaler.
(3) 
A permittee other than a Class "B" or "Class B" permittee.
(4) 
A facility for the production of alcohol fuel.
(5) 
A retail licensee or permittee under the conditions specified in §§ 125.32(2) or 125.68(2), Wis. Stats., or for delivery of unopened containers to the home or vehicle of a customer.
C. 
Selling or serving alcohol beverages. Pursuant to §§ 125.32(2) and 125.68(2), Wis. Stats., any underage person who is at least 18 years of age may sell or serve alcohol beverages on any Class B premises, provided that such underage person is under the immediate supervision of the licensee, agent or manager, or a licensed operator, who is on the premises at the time of such sale or service.
A. 
Procedure. Except as hereinafter provided, the provisions of § 125.12(2) and (3), Wis. Stats., shall be applicable to proceedings for revocation or suspension of licenses or permits granted under this article. Revocation or suspension proceedings may be initiated upon written complaint by the Village President or the Police Officer in Charge or by the Village Board upon its own motion.
[Amended 8-31-2009 by Ord. No. 2009-03]
B. 
Repossession of license or permit. Whenever any license or permit shall be revoked or suspended pursuant to this article, the Clerk-Treasurer shall notify the licensee or permittee and the Police Officer in Charge of such revocation or suspension, and the Police Officer in Charge or his designee shall take physical possession of the license or permit wherever it may be found and file it in the office of the Clerk-Treasurer.
[Amended 8-31-2009 by Ord. No. 2009-03]
C. 
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 application. No license shall be issued to any person who has had a license issued pursuant to this article revoked within 12 months prior to application.
Except as otherwise specifically provided in this article, any person who shall violate any provision of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-4 of this Code.