[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.
A.
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.
B.
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.
C.
Operator’s
license - issuance.
[Added 4-14-2021 by Ord. No. A-243]
(1)
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.
(2)
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.
(3)
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.
(4)
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:
[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:
A.
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.
B.
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.
C.
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).
A.
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.
B.
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.
A.
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.
C.
Disposition of citations or proceedings against a person under 18
years of age shall be as provided in Wis. Stats. § 938.344.
