[Amended 2-9-2015 by Ord.
No. 15-1]
The current and future provisions of Ch.
125, Wis. Stats., defining and regulating the types, sale, procurement, dispensing, and transfer of alcohol beverages, excluding provisions relating to the penalty to be imposed or the punishment for violation of such statutes, are adopted and made part of this chapter by reference. A violation of any such provision shall constitute a violation of this chapter. Any future amendments, revisions, modifications or additions of the statutes incorporated herein are intended to be made part of this chapter in order to secure uniform statewide regulation of alcohol beverages in this state.
A written application for any license or permit required by
the provisions of this chapter shall be on the form(s) provided by
the Municipal Clerk.
A. Content. All applications other than operator's license shall contain
all the information required under § 125.04(3), Wis. Stats.,
and any other information required by the Municipal Clerk. Operator's
license applications shall be on a form prescribed by the Municipal
Clerk containing all information deemed necessary, including but not
limited to name, residence, and age, plus a written request of the
holder of the alcohol beverage license hiring the applicant.
B. Filing. All applications for licenses and permits to sell alcohol
beverages shall be filed with the Clerk of the municipality in which
the premises is located as required by state law. Operator's licenses
and licenses issued under § 125.26(6), Wis. Stats., for
a picnic or other gathering lasting less than four days must be filed
with the Clerk at least 24 hours prior to granting of the license
or permit.
Upon receipt of a license application under the provisions of
this chapter, the Municipal Clerk shall forward a copy of the application
to the appropriate persons to conduct an investigation of the applicant(s)
as set forth below.
A. All alcohol beverage licenses. The Waukesha County Sheriff's Department,
Fire Department, Waukesha County Environmental Health Division, and
Building Inspector and other persons authorized may conduct an investigation
and inspection of the premises mentioned in the application to determine
if the premises complies with all applicable regulations, ordinances
and laws. The Waukesha County Sheriff's Department shall investigate
all persons included in the application to determine the suitability
and character of the applicants.
B. Operator's licenses. The Waukesha County Sheriff's Department shall
conduct an investigation of all applicants to determine the suitability
and character of the applicant.
C. Reports. Upon completion of all investigations, written reports shall
be submitted to the Municipal Clerk. The Clerk will then forward the
application to the governing body for action.
D. Review. The governing body may refer any and all licenses to the
appropriate committee for review and recommendation prior to action
by the governing body.
[Amended 1-9-2012 by Ord.
No. 12-1; 2-9-2015 by Ord. No. 15-1; 11-11-2019 by Ord. No. 19-7]
A. Transfer of licenses.
(1) The transfer of every alcohol beverage license shall be governed
by § 125.04(12), Wis. Stats.
(2) No transfer of an operator's license is permitted.
(3) If the transfer is approved by the governing body pursuant to § 125.04(12)(b)4,
Wis. Stats., all conditions set forth under this chapter shall be
complied with.
(4) Failure to conform to the terms of license transfer shall be grounds
for denial, suspension or revocation of the license.
B. Nonuse of license. If a license or permit issued under this chapter
is not used within 60 days after its issuance or its usage is discontinued
for a period of 60 days or more, such nonuse shall be grounds for
cancellation, suspension, revocation or nonrenewal of the license
or permit in accordance with the provisions of this chapter and the
laws of Wisconsin.
C. Nonrenewal of licenses. Before renewal of any license or permit issued
under this chapter is refused, the licensee or permittee shall be
given written notice of any charges or violations or reasons proposed
for nonrenewal and shall have an opportunity to be heard before the
governing body.
D. Violations by agents and employees. A violation of this chapter by
an authorized agent or employee of the licensee shall constitute a
violation by the licensee.
E. Closing hours. Closing hours shall be as set by state statute with
the following applicable local options:
(1) If a retail Class "A" fermented malt beverage license, between 9:00
p.m. and 6:00 a.m.
(2) If a retail "Class A" intoxicating liquor license, between 9:00 p.m.
and 6:00 a.m.
F. Local option. The holder of a retail "Class B" liquor license shall
be permitted to sell, deal and traffic in intoxicating liquors to
be consumed by the glass only on the premises and in the original
packages or containers and to be consumed off the licensed premises.
Off-premises sales shall cease at 12:00 midnight of each day. It is
intended by this subsection that the packaged sales from Class "B"
licensed premises will not be permitted after 12:00 midnight under
the option granted herein.
[Amended 9-12-1994 by Ord. No. 94-6]
Each violation of any provision of this chapter shall be subject to the penalties and remedies described in Chapter
1, General Provisions, Article
I, General Penalty, of this Code.