[Adopted as Ch. 9, Secs. 9.08 and 9.25, of the 1999 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 Article
II of this chapter, 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.
Any person who shall violate any provision of this article shall be subject to a penalty as provided in §
1-3 of the Code of the Village of Hollandale.
[Adopted as Ch. 12, Secs. 12.02 and 12.15, of the 1999 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, 125.29, 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 section 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:
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.
The Clerk-Treasurer shall notify 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 section shall be issued without the approval
of a majority of the Village Board.
The fees for issuance of fermented malt beverage and intoxicating
liquor licenses shall be as follows:
A. Class "B" fermented malt beverage license. $100 per year or $50 for
six months; a six-month license may not be renewed in the same calendar
year. See § 125.26, Wis. Stats.
B. Temporary Class "B" licenses.
(1) Picnic license, beer: $10 per event. Issued to organizations enumerated
in § 125.26(6), Wis. Stats., to sell or serve fermented
malt beverages at a picnic, meeting or gathering.
(2) Picnic license, wine: $10 per event, except that no fee shall be charged in the event a license under Subsection
B(1) above is simultaneously issued. Issued to organizations enumerated in § 125.51(10), Wis. Stats., to sell or serve wine by volume at a picnic, meeting or gathering.
(3) Annual quota. No more than two licenses may be issued to any one
organization in any twelve-month period.
C. "Class B" intoxicating liquor license: $275 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 $137.50
per year, as provided in § 125.51(3), Wis. Stats. See § 125.26(6),
Wis. Stats. See § 125.51(9), Wis. Stats., for proration
of fee for a six-month license.
D. Initial retail reserve "Class B" liquor license: $10,000 upon approval of initial Retail Reserve "Class B" Liquor License application, to be paid in addition to the annual fee due under Subsection
C above, and any other fee required under this subsection. See § 125.51(3)(e)2., Wis. Stats.
E. Operator's license: $10 per year or fraction thereof. 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. Operators' licenses shall be issued to any applicant
qualified under § 125.04(5), Wis. Stats.
F. Provisional operator's license: $10 for up to 30 days, as provided
in § 125.17(5), Wis. Stats.
G. Temporary license: $5 for up to 14 days as provided in § 125.17(4),
Wis. Stats.
H. Transfer of license: $10. See § 125.04(12), Wis. Stats.
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.
The number of "Class B" liquor licenses to be issued hereunder
is limited to the number permitted under § 125.51(4), Wis.
Stats.
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 section.
B. Violation by agents or employees. A violation of this section by
a duly authorized agent or employee of a licensee shall constitute
a violation of 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" intoxicating liquor license or a Class "B" fermented malt
beverage 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 Village Board may, for a 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 or more, his Class B intoxicating
liquor license and fermented malt beverage license shall be subject
to revocation by the Village Board after a public hearing. The Village
Board may, for a 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 Health 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. Posting of licenses required. Licenses or permits issued under this
section 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.
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 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.
C. 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
B above.
D. 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, must be actively
engaged in bona fide business activities and may not consume alcohol
beverages.
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 §
1-3 of the Code of the Village of Hollandale.