[Adopted 4-15-1998 as §§ 12.03 and 12.10 of the 1998 Code]
The provisions of Ch. 125, Wis. Stats., defining and regulating
the sale, procurement, dispensing and transfer of alcohol beverages,
including provisions relating to persons under the legal drinking
age, are adopted and made a part of this article by reference. A violation
of any of such provisions shall constitute a violation of this article.
A.
When required. Except as provided by § 125.06, Wis. Stats.,
no person shall, within the Village, serve, sell, manufacture, rectify,
brew or engage in any other activity for which this article or Ch.
125, Wis. Stats., requires a license, permit or other authorization
without holding the appropriate license, permit or other authorization
as provided in this article. See § 125.04(1), Wis. Stats.
B.
Separate license required for each place of sale. Except for licensed
public warehouses, a license shall be required for each location or
premises where alcohol beverages are stored, sold or offered for sale.
See § 125.04(9), Wis. Stats.
The following classes and denominations of licenses may be issued
by the Village Clerk-Treasurer under the authority of the Village
Board upon compliance with law and payment of the fee specified by
resolution of the Village Board, which, when so issued, shall permit
the holder to sell, deal or traffic in alcohol beverages as provided
in the referenced state statute. Except as otherwise provided in this
section, the full license fee shall be charged for the whole or fraction
of any year.
A.
Class "A" fermented malt beverage retailer's license. See § 125.25,
Wis. Stats. A license may be issued after July 1 in any license year
which shall expire on the following June 30. The fee for the license
shall be prorated according to the number of months or fractions of
months remaining until the following June 30.
B.
Class "B" fermented malt beverage retailer's license. See § 125.26,
Wis. Stats.
(1)
A license may be issued after July 1 in any license year which shall
expire on the following June 30. The fee for the license shall be
prorated according to the number of months or fractions of months
remaining until the following June 30.
(2)
Six months. A Class "B" license may be issued at any time for six
months in any calendar year, for 50% of the applicable license fee.
Such license shall not be renewable during the calendar year in which
issued. See § 125.26(5), Wis. Stats.
C.
Retail "Class A" liquor license. See § 125.51(2), Wis.
Stats.
(1)
A license may be issued after July 1 in any license year which shall
expire on the following June 30. The fee for the license shall be
prorated according to the number of months or fractions of months
remaining until the following June 30. See § 125.51(9)(a),
Wis. Stats.
(2)
Licenses valid for six months may be issued any time. The fee for
such license shall be 50% of the annual license fee. The license may
not be renewed during the calendar year in which issued. See § 125.51(9)(b),
Wis. Stats.
D.
Retail "Class B" liquor license. A retail "Class B" liquor license
shall permit its holder to sell liquor in original packages or containers
in multiples not to exceed four liters at any one time to be consumed
off the licensed premises. See § 125.51(3)(b), Wis. Stats.
(1)
A license may be issued after July 1 in any license year which shall
expire on the following June 30. The fee for the license shall be
prorated according to the number of months or fractions of months
remaining until the following June 30. See § 125.51(9)(a),
Wis. Stats.
(2)
Licenses valid for six months may be issued any time. The fee for
such license shall be 50% of the annual license fee. The license may
not be renewed during the calendar year in which issued. See § 125.51(9)(b),
Wis. Stats.
E.
Reserve
"Class B" license. Reserve "Class B" licenses are those licenses available
under the quota system existing before December 1, 1997, that were
not granted or issued by the municipality as of December 1, 1997.
The number of reserve "Class B" licenses available to a municipality
is determined by engaging in a series of calculations described in
§§ 125.51(4)(br)1 and 125.51(4)(a)4, Wis. Stats. The
number of reserve "Class B" licenses the Village of Bellevue was authorized
to issue, as of December 1, 1997, was six.[2]
H.
Operator's license. See § 125.17, Wis. Stats.
(1)
Operators'
licenses may be granted to individuals by the Village Board for the
purposes of complying with §§ 125.32(2) and 125.68(2),
Wis. Stats.
(2)
Operators'
licenses may be issued only on written application on forms provided
by the Clerk-Treasurer.
(3)
All
operators' licenses issued shall expire on June 30 of each even-numbered
year.
I.
Provisional operator's license. See § 125.17(5), Wis. Stats.
[Added 12-14-2011]
(1)
A provisional operator's license may be issued to:[5]
(a)
Any person who has applied for an operator's license, is otherwise
qualified to hold a license under this article, and who is enrolled
in a training course required under § 125.17(6), Wis. Stats.
"Enrolled," for the purposes of this subsection, shall mean having
paid all fees for a course which is in progress or is to commence
within 60 days of the issuance of such license. Such license shall
be valid for 60 days from date of issue. The license shall be void
if, during such sixty-day period, the licensee receives a failing
grade for the required training course.
(b)
Any person who has applied for an operator's license, including payment
of the required fee, who files a certified copy of a valid operator's
license issued by another municipality. Such provisional license expires
60 days after issuance, when the operator's license applied for is
issued, or upon expiration of the operator's license issued by another
municipality, whichever occurs first.
(2)
The Village Clerk-Treasurer may revoke the provisional operator's license if he discovers that the holder of the provisional license made a false statement on the application, or if the Clerk-Treasurer determines that the operator's license issued by another municipality and filed under Subsection I(1)(b) above is not valid, or upon denial of the person's application for an operator's license.
A.
Form. Application for a license to sell or deal in intoxicating liquor
or fermented malt beverages shall be made in writing on forms prescribed
by the Wisconsin Department of Revenue and filed with the Village
Clerk-Treasurer at least 15 days prior to issuance. The premises shall
be physically described, including every room and storage space to
be covered by the license and including all rooms joined by connecting
entrances or not separated by a solid wall.
B.
Application to be notarized. The application shall be signed and
sworn by the applicant as provided by § 887.01, Wis. Stats.
C.
Publication. Prior to issuance of a license under this article, the
Village Clerk-Treasurer shall publish notice of the application in
the official Village newspaper.
D.
List of licensees. By July 15 of each year, the Clerk-Treasurer shall
forward to the State Department of Revenue a list containing the name,
address and trade name of each person holding a license issued under
this article, except a temporary Class "B" or operator's license.
A.
Statutory requirements. Licenses shall be issued only to persons
eligible therefor under § 125.04, Wis. Stats.
C.
Violators of liquor or beer laws or ordinances. No retail "Class
A," "Class B," Class "A" or Class "B" license shall be issued to any
person who has been convicted of a violation of any federal or state
liquor or fermented malt beverage law or the provisions of this article
or whose license has been revoked under § 125.12, Wis. Stats.,
during one year prior to such application. A conviction of a member
of a partnership or the partnership itself shall make the partnership
or any member thereof ineligible for such license for one year.[2]
D.
Health and sanitation requirements. No retail "Class B" or Class
"B" 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 pertaining to buildings and plumbing,
to the rules and regulations of the Department of Health Services
applicable to restaurants and to all such ordinances and regulations
adopted by the Village Board.[3]
E.
License quota. The number of persons and places that may be granted
a retail "Class B" liquor license under this article is limited as
provided in § 125.51(4), Wis. Stats.
F.
Corporations. No corporation organized under the laws of this state,
any other state or foreign country may be issued any alcohol beverage
license or permit unless such corporation meets the requirements of
§ 125.04(6), Wis. Stats.
G.
Age requirement. No license hereunder, except an operator's license,
shall be granted to any person who has not attained the legal drinking
age. Operator's licenses may be issued only to applicants who have
attained the age of 18.
H.
Effect of revocation of license. Twelve months shall elapse before
another license shall be granted to the person whose license was revoked.
I.
Delinquent taxes, assessments and claims. No license shall be granted
for any premises for which taxes, assessments or other claims of the
Village are delinquent and unpaid, or to any person delinquent in
payment of such claims, including unpaid forfeiture judgments, to
the Village.
J.
Issuance for sales in dwellings prohibited. No license shall be issued
to any person for the purpose of possessing, selling or offering for
sale any alcohol beverages in any dwelling house, flat or residential
apartment.
K.
Minimum period of operation. No "Class B" alcohol beverage license
shall be issued or renewed for a business which does not operate at
least 104 days during the license year.
L.
Area for liquor sales on "Class A" (liquor) licensed premises.
[Amended 3-28-2007]
(1)
In the interest of limiting juvenile access to alcohol beverages
at retail establishments, and in the interest of promoting effective,
unhampered and efficient enforcement of such provisions as they relate
to juveniles, no "Class A" (liquor) license shall be granted for any
premises where the principal business conducted thereon is other than
the sale of alcohol beverages, unless the establishment has a separate
area with the ability to lock that portion of the premises during
the nonsale hours; twenty-four-hour surveillance camera, with the
recordings available to law enforcement at their request; and signage
informing minors that they "must be 21" to purchase alcohol. Wine
and fermented malt beverages, as defined in § 125.02, Wis.
Stats., may be sold in unsecured areas of the licensed premises.
[Amended 4-25-2012 by Ord. No. O-2012-19]
(2)
Complementary goods. The term "complementary goods" means those items
such as ice mixes and snack foods generally used in or associated
with the consumption of alcohol beverages. Such items shall not be
considered complementary goods if the sale of goods other than alcohol
beverages constitutes more than 30% of the gross income of the licensed
premises.[4]
(3)
Burden of proof. If a question arises as to the business being conducted
on a premises or the sale of complementary goods, the burden of proof
shall be on the applicant. A violation of this provision is grounds
for revocation or nonrenewal of a liquor license privilege under this
article.
(4)
Inspection. 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 peace officer or other authorized officer of the Village
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 deemed a violation of this article and shall subject
the applicant to possible revocation pursuant to § 125.12,
Wis. Stats. Any time a person is on the premises shall be considered
a reasonable hour.
(5)
Provision. The provision of this subsection shall not apply to any
"Class A" intoxicating liquor license issued prior to the enactment
of this subsection, provided that the holder of such license continues
to renew said license annually.
All licenses shall be numbered in the order in which they are
issued and shall state clearly the specific premises for which granted,
the date of issuance, the fee paid and the name of the licensee and,
unless sooner revoked, shall expire on June 30 thereafter except as
otherwise provided by law.
A.
As to person. No license shall be transferable as to licensee except
as provided by § 125.04(12), Wis. Stats.
B.
As to place. Licenses issued pursuant to this article may be transferred
to another premises once during any license year as provided in § 125.04(12),
Wis. Stats. Application for such transfer shall be made on blanks
furnished by the State Department of Revenue. Proceedings for transfer
shall be had in the same manner and form as the original application.
The fee for such transfer shall be as prescribed by § 125.04(12),
Wis. Stats.[1]
Every license or permit required under this article shall be
framed and posted and at all times displayed as provided in § 125.04(10),
Wis. Stats. No person shall post such license or permit any other
person to post it upon premises other than those mentioned in the
application, or knowingly deface or destroy such license.
A.
Gambling and disorderly conduct prohibited. Each licensed and permitted
premises shall at all times be conducted in an orderly manner, and
no disorderly, riotous or indecent conduct or gambling (except as
provided by state law) shall be allowed at any time on any such premises.
B.
Employment of underage person. No licensee shall employ any underage
person who does not have a valid operator's license to serve, sell,
dispense or give away any alcohol beverage.
C.
Sales by clubs. No club shall sell intoxicating liquors or fermented
malt beverages except to members and guests invited by members.
D.
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.
A.
No premises for which an alcohol beverage license has been issued
shall remain open for the sale of alcohol beverages:[1]
(1)
If
a retail Class "A" license, between midnight and 8:00 a.m.
(2)
If
a retail "Class A" license, between 9:00 p.m. and 8:00 a.m.
(3)
For
any Class B license, between 2:00 a.m. and 6:00 a.m. on weekdays and
between 2:30 a.m. and 6:00 a.m. on Saturdays and Sundays. No package,
container or bottle sales may be made after 12:00 midnight. On January
1, premises operating under a Class B license are not required to
close.
B.
Hotels and restaurants, the principal business of which is the furnishing
of food or lodging to patrons, bowling alleys, indoor horseshoe pitching
facilities, curling clubs, golf courses and golf clubhouses may remain
open for the conduct of their regular business but no intoxicating
liquors or fermented malt beverages shall be sold during prohibited
hours.
A.
Procedure. Whenever the holder of any license under this article
violates any portion of this article, proceedings for the revocation
or suspension of such license may be instituted in the manner and
under the procedure established by § 125.12, Wis. Stats.,
and the provisions therein relating to granting a new license shall
likewise be applicable.
Before renewal of any license issued under this article is refused,
the licensee shall be given written notice of any charges or violations
or the reasons proposed for nonrenewal and a copy of any proposed
motion for nonrenewal and shall have an opportunity to be heard before
the Village Board.
A violation of this article by an authorized agent or employee
of a licensee shall constitute a violation by the licensee.
Except as otherwise provided, in addition to the revocation, suspension or nonrenewal of any license issued under this article, any person found to be in violation of any provision of this article shall be subject to a penalty as provided in § 1-4 of the Code of the Village of Bellevue.