[HISTORY: Adopted by the Village Board of the Village of Blue Mounds as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-27-1993 by Ord. No. A-103 (Sec. 10.11 of the 2001 Village Code)]
No person shall consume any intoxicating liquor or fermented malt beverage while in or upon any thoroughfare, public street, alley, sidewalk, parking lot or other public way, or any privately owned property, which is open for use to public vehicular traffic or parking.
All purchases of alcohol beverages by the glass or in open containers shall be consumed on the licensed premises where served and shall not be removed to any thoroughfare, public street, alley, sidewalk, parking lot or other public way, or any privately owned property, which is open for use to public vehicular traffic or parking.
No person shall be in possession of any glass or open container containing intoxicating liquor or fermented malt beverages on any thoroughfare, public street, alley, sidewalk, parking lot or other public way, or any privately owned property, which is open for use to public vehicular traffic or parking.
Any person wishing the authorization of the consumption of intoxicating liquor or fermented malt beverages while in or upon any thoroughfare, public street, alley, sidewalk, parking lot or other public way, or any privately owned property, which is open for use to public vehicular traffic or parking, shall apply to the Village Board for a permit authorizing such consumption, and the application shall state the applicant's name, age, address and purpose for which the permit is desired. An application fee as set by resolution of the Village Board shall accompany such application. If the Village Board determines that it is in the public interest to issue a permit authorizing consumption of intoxicating liquor or fermented malt beverages in or upon any thoroughfare, public street, alley, sidewalk, parking lot or other public way, or any privately owned property, which is open for use to public vehicular traffic or parking, the Board shall issue the permit under such terms and conditions as the Board determines will promote the health, safety, and general welfare of the Village. Sections 220-1 through 220-3 shall not be enforced during the time and for the location the permit is authorized. If any person is denied a permit, he shall have no right to appeal the Board's decision.
[Adopted as Sec. 12.01 of the 2001 Village Code]
Except as otherwise specifically provided in this article, the provisions of Chapter 125 of the Wisconsin Statutes regulating the sale, procurement, dispensing and transfer of intoxicating liquor and fermented malt beverages, including any provisions thereof relating to underage persons, together with any existing or future amendments thereto and penalties for violation except incarceration or fine, are hereby adopted and made a part of this article by reference as if fully set forth herein, with the exception of Wis. Stats. § 125.11, which provides for penalties beyond the authority of this article. A violation of any such provisions shall constitute a violation of this article.
When required. Except as provided by Wis. Stats. § 125.06, no person shall distribute, vend, sell, offer or keep for sale at retail or wholesale, deal or traffic in, or give away any intoxicating liquor or fermented malt beverage, or engage in any other activity for which this chapter or Wis. Stats. Chapter 125 requires a license, permit or other authorization, or cause the same to be done within the Village of Blue Mounds, without having procured the required license, permit or other authorization, nor without complying with all the provisions of this article and all statutes, ordinances and regulations of the state and Village applicable thereto.
Separate license required for each place of sale. Except for licensed public warehouses, a separate license shall be required for each location or premises, stand, place, room or enclosure or for each suite of rooms or enclosures which are in direct connection or communication where intoxicating liquor or fermented malt beverages are stored, sold or offered for sale.
Operator’s license - issuance.
[Added 4-14-2021 by Ord. No. A-243]
Operator’s licenses may be granted to individuals by the Village Clerk/Treasurer, or his/her designee, for the purposes of complying with §§ 125.32(2) and 125.68(2), Wis. Stats. The Village Board retains the authority to issue an operator’s license when the Village Clerk/Treasurer, or his/her designee, lacks authority to issue an operator’s license due to a recommendation of denial.
An operator’s license may be issued by the Village Clerk/Treasurer, or his/her designee, after a records search is returned by the Police Chief or his/her designee and appropriate fees have been paid.
The Police Chief or his/her designee shall conduct a records search of all applicants. The Village Clerk/Treasurer or his/her designee shall not issue a license until the records search is completed.
The Police Chief or his/her designee shall furnish to the Village Clerk/Treasurer a written report of the information derived from the records search, including a statement of the following:
Conviction of a felony within the last five years which substantially relates to the alcohol beverage licensing activity.
Conviction of any combination of two or more ordinance violations and/or misdemeanors of the following, within the last 24 months:
[Amended 10-13-1993 by Ord. No. A-104]
There shall be the classes and denominations of alcohol beverage licenses as authorized for issuance by the Village in Chapter 125 of the Wisconsin Statutes, which, when approved by the Village Board and issued by the Village Clerk/Treasurer, after payment of the required fee, shall permit the holder to sell, deal or traffic in alcohol beverages as provided by the applicable Wisconsin Statutes for such classes of license. The fees for alcohol beverage licenses shall be as from time to time determined by resolution of the Village Board and posted in the office of the Village Clerk/Treasurer, but shall not exceed any limitation established by the provisions of law.
In addition to the requirements imposed by provisions of the Wisconsin Statutes adopted by reference in § 220-5 of this article, the following restrictions shall apply to the issuance of licenses or permits pursuant to this article:
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.
Inspection of application and premises. The Village Clerk/Treasurer shall notify the Dane County Health Officer, Chief of Police and Building Inspector of all license applications, and these officials shall inspect or cause to be inspected each application and premises to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto and the applicant's fitness for the trust to be imposed. 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 reinspection of the premises and report as herein required.
Delinquencies. No license shall be granted for operation on any premises upon which taxes, assessments, forfeitures or other financial claims of the Village are delinquent or unpaid, provided an applicant for renewal of a license for previously licensed premises shall have the right to a hearing on such nonrenewal as provided in Wis. Stats. § 125.12.
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 of Blue Mounds without any warrant, and the application for a license hereunder shall be deemed a consent to this provision. Any refusal to permit such inspection shall be grounds for revocation of any license issued hereunder and shall be deemed a violation of this article.
Every license or permit issued under this article or state law shall be framed, posted and displayed as provided in Wis. Stats. § 125.04(10). Any licensee or permittee who shall fail to post a license or permit as herein required shall be presumed to be operating without a license. No person shall post a license or permit, or allow any other person to post a license or permit, upon premises other than those described in the application.
No premises for which a license has been issued under this article shall remain open for sale in contravention of Wis. Stats. § 125.68(4).
Procedure. Except as otherwise provide by law, no license issued under this article shall be revoked or suspended without compliance with the procedures of Wis. Stats. § 125.12. Revocation or suspension proceedings may be instituted by sworn written complaint of any resident, including a Village Board member or the Chief of Police.
Repossession of license or permit. Whenever any license or permit under this article shall be revoked or suspended by the Village Board or by action of any court, it shall be the duty of the Village Clerk/Treasurer to notify the licensee or permittee of such suspension or revocation and to notify the Chief of Police, who shall take physical possession of the license or permit wherever it may be found and file it in the Clerk/Treasurer's office.
The penalty for violation of any provision of this article incorporating the provisions of Wis. Stats. Chapter 125 shall be a forfeiture as provided by the comparable provision of Chapter 125 of the Wisconsin Statutes. Wherever Chapter 125 refers to monetary penalties as "fines," this article imposes a similar monetary "forfeiture." Imprisonment may not be imposed as a penalty except for nonpayment of a forfeiture or other noncompliance with the orders of the adjudicating court.
Disposition of citations or proceedings against a person under 18 years of age shall be as provided in Wis. Stats. § 938.344.