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.
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.
(3) Temporary Class "B" license. See § 125.26(6), 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.
F. Temporary
"Class B" (picnic) wine license. See § 125.51(10), Wis.
Stats.
G. "Class
C" wine license. See § 125.51(3m), Wis. Stats.
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:
(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.
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.
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.
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.