Village of Bellevue, WI Article I Licenses

[Adopted 4-15-1998 as §§ 12.03 and 12.10 of the 1998 Code]

§ 165-1 State statutes adopted.

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.

§ 165-2 License, permit or authorization required.

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.

§ 165-3 Classes of licenses and fees.

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.[1]

[1] Editor's Note: Original § 12.03(3)(c), regarding wholesaler's fermented malt beverage license, which immediately followed this subsection, was repealed time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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]

[2] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

F. Temporary "Class B" (picnic) wine license. See § 125.51(10), Wis. Stats.[3]

[3] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

G. "Class C" wine license. See § 125.51(3m), Wis. Stats.[4]

[4] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.

[5] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(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.

§ 165-4 License application.

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.

§ 165-5 License restrictions.

A. Statutory requirements. Licenses shall be issued only to persons eligible therefor under § 125.04, Wis. Stats.

B. [Rescinded 7-26-2023 by Ordinance No. 2023-10][1]

[1] Editor's Note: Former Subsection B, regarding location of premises, was repealed 7-26-2023 by Ord. No. O-2023-10.

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]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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]

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(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.

§ 165-6 Form and expiration of licenses. [1]

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.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 165-7 Transfer of licenses.

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]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 165-8 Posting and care of licenses.

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.

§ 165-9 Regulation of licensed premises and licensees.

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.

§ 165-10 Closing hours.

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.

[1] Editor's Note: Original § 12.03(10)(a), regarding wholesale license, which immediately followed this subsection, was repealed time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.

§ 165-11 Revocation and suspension of licenses.

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.

B. Effect of revocation. See § 165-5H of this article.

§ 165-12 Nonrenewal of licenses.

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.

§ 165-13 Violations by agents and employees.

A violation of this article by an authorized agent or employee of a licensee shall constitute a violation by the licensee.

§ 165-14 Violations and penalties.

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.