[HISTORY: Adopted by the Village Board of the Village of
Richfield 6-18-2009 by Ord. No. 2009-6-2 (Ch. 6 of prior Code). Amendments
noted where applicable.]
The provisions of Ch. 125, Wis. Stats., relating to the sale
of alcohol beverages, except §§ 125.09(6) and 125.11(1),
Wis. Stats., including such amendments or renumbering of such statutes
as may be made in the future, exclusive of any provisions thereof
relating to the penalty to be imposed or the punishment for violation
of such statutes, are adopted and made a part of this chapter by reference.
A violation of any such provisions shall constitute a violation of
this chapter.
A.
No licensee shall allow the consumption of fermented malt beverages
or intoxicating liquor on any part of the licensed premises not enclosed
within the building, except under permit granted by the Village Board.
Application for permit may be made at the time of application for
the fermented malt beverage or intoxicating liquor license or may
be made at any time during the license year. Such permit may be revoked
by the Board at its will at any time.
B.
No person shall consume or have in his/her possession fermented malt
beverages or intoxicating liquor on any unenclosed part of the licensed
premises which is not described in such permit.
C.
Applications. Any person desiring an unenclosed premises permit shall
pay the permit fee and present to the Village Clerk or designee an
application, in writing, on forms created by the Village Clerk or
designee, giving the location of the premises to be licensed by street
address, premises description, the name of the owner of such premises,
the name of the lessee thereof, if any, the name of the person proposing
to operate such unenclosed premises, the name of the manager to be
in charge of such unenclosed premises, a description of other business
to be conducted upon the licensed premises, and a statement of the
nature of any entertainment to be furnished.
D.
Investigation. Each application submitted in accordance with Subsection C shall be immediately transmitted by the Village Clerk or designee to the Richfield Volunteer Fire Company and Building Inspector. Said officers shall report, in writing, to the Village Board the result of their investigations and their recommendations on such application, and said application shall be presented for action by the Village Board at its next meeting.
E.
Granting permit. A permit shall be granted to each applicant who
shall be approved by a majority vote of the Village Board, except
where otherwise provided in this Code, and shall be issued by the
Village Clerk or designee and contain a specific description of the
premises permitted and the name and address of the permitee. The permits
shall be numbered, and such permit shall be posted conspicuously in
the premises licensed at all times when in use. The Village Board
shall have discretion to refuse the granting of any permit if, in
its judgment, the granting of such permit shall be against public
interests either because of unsuitability of the location, undesirability
or unreliability of the applicant or manager, or because of the failure
of such applicant or manager to observe provisions of this Code in
the prior conduct of an unenclosed premises, tavern, or similar place.
F.
Conditions. No unenclosed premises shall be permitted, maintained,
or operated except in conformity with the following regulations:
(1)
Unless otherwise provided in this Code, any noise emanating from
within the permitted area shall not violate the regulations of the
Village Code pertaining to noise.
(2)
All unenclosed premises shall be sufficiently lighted to ensure the
safety of patrons at all times when any patrons shall be therein and
at all times when the same is open to the public.
(3)
Any lighting of the outdoor area of an unenclosed premises must be
shielded so as not to shine directly onto adjoining property or create
glare which is distracting to adjoining property owners or occupiers.
(4)
No permitee of an unenclosed premises shall be permitted to provide
music, dancing, or singing from 10:00 p.m. to 10:00 a.m., unless specifically
permitted by the Village Board.
(5)
No person under the legal drinking age shall be allowed in any unenclosed
premises when such presence is contrary to state or location regulations.
(6)
Unenclosed premises must provide sufficient sanitation facilities
to accommodate the anticipated capacity.
[Amended 7-21-2011 by Ord. No. 2011-7-2[1]]
A.
Required. Licenses and permits may be issued by the Village Clerk
or designee under the authority of the governing body after payment
of the appropriate fees and satisfaction of all conditions, which
when so issued shall permit the holder to sell, deal or traffic in
alcoholic beverages as provided in Ch. 125, Wis. Stats.
B.
Fees. The license fees shall be set by the Village fee schedule.
C.
Types of
licenses.
(1)
There shall be the following classes
and denominations of licenses which, when issued by the Village Clerk
or designee under the authority of the Village Board after payment
of the fee specified in the Village fee schedule, shall permit the
holder to sell, deal or traffic in intoxicating liquor or fermented
malt beverages as provided in §§ 125.17, 125.25, 125.26,
125.28(1) and (2) and 125.51(2), (3) and (3m), Wis. Stats.:
(a)
Class "A" fermented malt beverages license: fee for less than 12
months shall be prorated.
(b)
Class "B" fermented malt beverages license: fee for less than 12
months shall be prorated.
(c)
Class "B" picnic license under § 125.26(6), Wis. Stats.
(d)
"Class A" intoxicating liquor license: fee for less than 12 months
shall be prorated.
(e)
"Class B" intoxicating liquor license: fee for less than 12 months
shall be prorated.
(f)
Reserve "Class B" liquor license.
(g)
"Class C" wine license: fee for less than 12 months shall be prorated.
(h)
Provisional retail license.
(i)
Operator's license. The license shall be nonrefundable if the license
is not issued.
(j)
Provisional operator's license.
(k)
Temporary operator's license.
(2)
A license
may be issued on or after July 1 in any license year. The license
shall expire on the following June 30. 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 it is issued.
(3)
License
fees shall be established by resolution by the Village Board from
time to time and added to the comprehensive fee schedule.
D.
Conditions and restrictions. In addition to the requirements imposed by the statutes adopted by reference in § 110-1, the following conditions and restrictions shall apply to the issuance of licenses or permits pursuant to this chapter:
(1)
Review prior to approval. No license or permit shall be issued to
any person, officer, or director of a corporation unless the application
therefor shall first have been reviewed.
(2)
Tax delinquencies. No license shall be granted for operation on any
premises upon which taxes or assessments are delinquent or other financial
claims of the Village are unpaid.
(3)
No license or permit provided for in this chapter shall be issued
without the approval of the Village Board.
(4)
Health and sanitation. No license shall be issued for any premises
which does not conform to the sanitary, safety, and health requirements
of the Department of Safety and Professional Services, State Department
of Health Services, and all such ordinances and regulations adopted
by the Village.
(5)
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.
(6)
Posting required. Licenses or permits issued under this chapter 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.
(7)
Search of licensed premises. It shall be a condition of any license
issued under this chapter that the licensed premises may be entered
and inspected at any reasonable hour by any law enforcement officer
or other authorized officer of the Village without any warrant, and
the application for a license under this chapter shall be deemed a
consent to this subsection. Any refusal to permit such inspection
shall be deemed a violation of this chapter.
(8)
Disorderly conduct. 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.
(9)
Wearing apparel. All persons involved in the operation of any licensed
premises under this chapter, whether as licensee, member of the immediate
family of the licensee, licensed operator, unlicensed operator under
the supervision of the licensee or licensed operator, waiter, waitress,
entertainer, dancer or any other employee, shall observe the following
applicable minimum standards for such licensed premises:
(a)
The costume, uniform, or attire of any female shall be of nontransparent
material and must completely cover the breasts at all times. The lower
portion of such costume, uniform, or attire must be of nontransparent
material and completely cover the mons pubis, genitals and the buttocks
at all times.
(b)
The costume, uniform, or attire of any male shall be of nontransparent
material and must completely cover the pubic area, genitals, and buttocks
at all times.
(10)
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 chapter
revoked within 12 months prior to application.
(11)
Violation by agents or employees. A violation of this chapter
by a duly authorized agent or employee of a licensee shall constitute
a violation of the licensee.
(12)
Transfer of license. No license shall be transferable from person
to person, except as provided by § 125.04(12)(b), Wis. Stats.,
or from place to place, except as provided in § 125.04(12)(a),
Wis. Stats.
(13)
Revocation for failure to pay fee. If a license or permit is
approved under this chapter and the required fee is not paid within
60 days after the date of approval, such failure to pay shall be grounds
for denial, suspension, revocation, or nonrenewal of the approval
of the license or permit in accordance with the provisions of this
chapter and the laws of Wisconsin.
(14)
After-hours consumption prohibited. Consumption of alcohol beverages
by any person, including any employee, on a licensed premises during
hours when the premises are not open for business is prohibited.
(15)
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 denial, suspension, revocation or nonrenewal of the
license or permit in accordance with the provisions of this chapter
and the laws of Wisconsin.
E.
Retail "Class B" liquor license quota. The number of persons and
places that may be granted a retail "Class B" liquor license under
this chapter is limited as provided in § 125.51(4), Wis.
Stats.
F.
Revocation, suspension, and refusal to renew.
(1)
Procedure. The provisions of § 125.12(2) and (3), Wis.
Stats., shall be applicable to proceedings for the revocation, suspension
and refusal to renew all licenses granted under this chapter. Revocation
or suspension proceedings may be instituted by the Village Board upon
its own motion by adoption of a resolution.
(2)
Repossession. Whenever any license under this chapter shall be revoked
or suspended pursuant to this section, it shall be the duty of the
Village Clerk or designee to notify the licensee of such suspension
or revocation and to notify the Washington County Sheriff's Department,
who shall take physical possession of the license wherever it may
be found and file it in the Village Clerk's office.
(3)
Effect of revocation. Whenever any license shall be revoked, at least
six months from the time of such revocation shall elapse before another
license shall be granted for the same premises, and 12 months shall
elapse before any other license shall be granted to the person whose
license was revoked.
G.
Operator's license.
(1)
Procedure upon application.
(a)
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's office only to persons 18 years
of age or older. Operator's licenses shall be operative only
within the limits of the Village.
(b)
All applications are subject to a background check by a licensing
committee, comprised of the Village Clerk or designee, the Village
President or his or her designee and the Washington County Sheriff's
Deputy, to determine whether the applicant complies with all regulations,
ordinances and laws applicable thereto. These authorities may conduct
an investigation of the applicant, including but not limited to requesting
information from the state, surrounding municipalities and/or any
community where the applicant has previously resided concerning the
applicant's arrest and conviction record. Based upon such investigation,
the authorities may recommend denial.
(2)
Duration. Operators' licenses issued under the provisions of § 110-1 shall be valid for a period of one year and shall expire on June 30 each year.
(3)
Issuance or denial of operator's license.
(a)
After the Village licensing committee has recommended approval
of the granting of an operator's license and the Village Board
has approved the granting of an operator's license at a regular
or special Village Board meeting, the Village Clerk or designee 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.
(b)
If the application is recommended for denial by the Village
licensing committee, and the Village Board denies the license at a
regular or special Village Board meeting, the Village Clerk or designee
shall, in writing, inform the applicant of the denial, the reasons
therefor, and of the opportunity to request a reconsideration of the
application by the Village Board. A request for reconsideration must
be made, in writing, to the Village Clerk or designee within 30 days,
or the opportunity for reconsideration and appeal shall be waived.
Upon receipt of a timely request, the Village Clerk or designee shall
provide notice of the reconsideration hearing by registered mail to,
or served upon, the applicant at least 10 days prior to the Board's
reconsideration of the matter. At such reconsideration hearing, the
applicant may present evidence and testimony as to why the license
should be granted.
(c)
If, upon reconsideration, the Board denies the application,
the Village Clerk or designee shall notify the applicant, in writing,
of the reasons therefor.
(d)
Consideration for the granting or denial of a license will be
based on:
(e)
If a licensee is convicted of an offense substantially related
to the licensed activity, the Village Board may act to revoke or suspend
the license.
(4)
Display
of license. Each license issued under the provisions of this subsection
shall be posted on the premises whenever the operator dispenses beverages.
(5)
Revocation
of operator's license. Violation of any of the terms or provisions
of the state law or of this chapter relating to operators' licenses
by any person holding such operator's license shall be cause
for revocation of the license.
H.
Provisional license. A provisional operator’s license may be
issued by the Village Clerk or designee in accordance with § 125.17(5),
Wis. Stats.[2]
[2]
Editor's Note: Original § 6.03A, Closing hours, as amended 1-19-2012 by Ord. No. 2012-1-2, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 6.04, Nonintoxicating beverages, was repealed 4-18-2013 by Ord. No. 2013-4-3.
