[HISTORY: Adopted by the Village Board of the Village of
East Troy as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-3-2000 by Ord. No. 2000-2 as Title 7, Ch. 2,
of the 2000 Code]
The provisions of Chapter 125 of the Wisconsin Statutes relating
to the sale of intoxicating liquor and fermented malt beverages, except
provisions therein relating to penalties to be imposed, are hereby
adopted by reference and made a part of this article as if fully set
forth herein. Any act required to be performed or prohibited by any
statute incorporated herein by reference is required or prohibited
by this article. Any future amendments, revisions or modifications
of the statutes incorporated herein are intended to be made a part
of this article in order to secure uniform statewide regulation of
alcohol beverage control.
[Amended 6-15-2015 by Ord. No. 2015-02]
As used in this article, the terms "alcohol beverages," "intoxicating
liquor," "principal business," "legal drinking age," "premises," "sell,"
"sold," "sale," "restaurant," "club," "retailer," "person," "fermented
malt beverages" and "wholesaler" shall have the meaning given them
by Chapter 125, Wisconsin Statutes.
No person, firm or corporation shall vend, sell, deal or traffic
in, or have in his possession with intent to vend, sell, deal or traffic
in, or, for the purpose of evading any law or ordinance, give away
any intoxicating liquor or fermented malt beverage in any quantity
whatsoever, or cause the same to be done, without having procured
a license as provided in this article, nor without complying with
all the provisions of this article, and all statutes and regulations
applicable thereto, except as provided by §§ 125.26,
125.27, 125.28 and 125.51, Wis. Stats.
A.
Retail "Class A" intoxicating liquor license. A retail "Class A"
intoxicating liquor license, when issued by the Village Clerk under
the authority of the Village Board, shall permit its holder to sell,
deal and traffic in intoxicating liquors only in original packages
or containers and to be consumed off the premises so licensed.
[Amended 12-16-2019 by Ord. No. 2019-18]
B.
Retail "Class B" intoxicating liquor license. A retail "Class B"
intoxicating liquor license, when issued by the Village Clerk-Treasurer
under authority of the Village Board, shall permit its holder to sell,
deal and traffic in intoxicating liquors to be consumed by the glass
only on the premises so licensed and in the original package or container,
in any quantity, to be consumed off the premises.
[Amended 9-16-2019 by Ord. No. 2019-14]
C.
Reserve "Class B" licenses. A reserve "Class B" license means a license
that is not granted or issued by the Village on December 1, 1997 (seven
issued at a population of 3,147), and that is counted under § 125.51(4)(br),
Wis. Stats., which, if granted or issued, authorizes the sale of intoxicating
liquor to be consumed by the glass only on the premises where sold,
and also authorizes the sale of intoxicating liquor in the original
package or container in any quantity, to be consumed off premises.
[Amended 9-16-2019 by Ord. No. 2019-14]
D.
Class "A" fermented malt beverage retailer's license. A Class "A"
fermented malt beverage retailer's license, when issued by the Village Clerk under
the authority of the Village Board, shall entitle the holder thereof
to possess, sell or offer for sale fermented malt beverages only for
consumption away from the premises where sold and in the original
packages, containers or bottles. Such license may be issued after
July 1. The license shall expire on the following June 30.
[Amended 12-16-2019 by Ord. No. 2019-18]
E.
Class "B" fermented malt beverage retailer's license.
(1)
License. A Class "B" fermented malt beverage retailer's license,
when issued by the Village Clerk under the authority of
the Village Board, shall entitle the holder thereof to possess, sell
or offer for sale fermented malt beverages to be consumed either upon
the premises where sold or away from such premises. The holder may
also sell beverages containing less than 0.5% of alcohol by volume
without obtaining a special license to sell such beverages. Such license
may be issued after July 1. The license shall expire on the following
June 30.
[Amended 12-16-2019 by Ord. No. 2019-18]
(2)
Application. Class "B" licenses may be issued to any person qualified
under § 125.04(5), Wis. Stats. Such licenses may not be
issued to any person acting as agent for or in the employ of another,
except that this restriction does not apply to a hotel or restaurant
which is not a part of or located on the premises of any mercantile
establishment, or a bona fide club, society or lodge that has been
in existence for at least six months before the date of application.
A Class "B" license for a hotel, restaurant, club, society or lodge
may be issued in the name of an officer who shall be personally responsible
for compliance with this article.[1]
F.
Temporary Class "B" fermented malt beverage license.
(1)
License. As provided in § 125.26(1) and (6), Wis. Stats.,
temporary Class "B" fermented malt beverage licenses may be issued
to bona fide clubs, to county or local fair associations or agricultural
societies, to churches, lodges or societies that have been in existence
for at least six months before the date of application, and to posts
of veterans' organizations authorizing the sale of fermented malt
beverages at a particular picnic or similar gathering, at a meeting
of the post, or during a fair conducted by the fair association or
agricultural society. A license issued to a county or district fair
licenses the entire fairgrounds where the fair is being conducted
and all persons engaging in retail sales of fermented malt beverages
from leased stands on the fairgrounds. The county or district fair
to which the license is issued may lease stands on the fairgrounds
to persons who may engage in retail sales of fermented malt beverages
from the stands while the fair is being held. Such license is valid
for dates as approved by the Village Board.
(2)
Application. Application for such license shall be signed by the
president or corresponding officer of the society or association making
such application and shall be filed with the Village Clerk together
with the appropriate license fee for each day for which the license
is sought. Any person fronting for any group other than the one applied
for shall, upon conviction thereof, be subject to a forfeiture of
$200 and will be ineligible to apply for a temporary Class "B" license
for one year. The license shall specify the hours and dates of license
validity. The application shall be filed a minimum of 15 days prior
to the meeting of the Village Board at which the application will
be considered. If the application is for a license to be used in a
Village park, the applicant shall specify the main point of sale facility.
[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]
G.
Temporary "Class B" wine license.
[Amended 6-15-2015 by Ord. No. 2015-02]
(1)
License. Notwithstanding § 125.68(3), Wis. Stats., temporary
"Class B" licenses may be issued to bona fide clubs, to county or
local fair associations or agricultural societies, to churches, lodges
or societies that have been in existence for at least six months before
the date of application and to posts of veterans' organizations authorizing
the sale of wine, in an original package, container or bottle, or
by the glass if the wine is dispensed directly from an original package,
container or bottle at a particular picnic or similar gathering, at
a meeting of the post, or during a fair conducted by the fair association
or agricultural society. No fee may be charged to a person who, at
the same time, applies for a temporary Class "B" beer license under
§ 125.26(6), Wis. Stats., for the same event. A license
issued to a county or district fair licenses the entire fairgrounds
where the fair is being conducted and all persons engaging in retail
sales of wine from leased stands on the fairgrounds. The county or
district fair to which the license is issued may lease stands on the
fairgrounds to persons who may engage in retail sales of wine from
the stands while the fair is being held.
(2)
Application. Application for such license shall be signed by the
president or corresponding officer of the society or association making
such application and shall be filed with the Village Clerk together
with the appropriate license fee for each day for which the license
is sought. Any person fronting for any group other than the one applied
for shall, upon conviction thereof, be subject to a forfeiture of
$200 and will be ineligible to apply for a temporary "Class B" wine
license for one year. The license shall specify the hours and dates
of license validity. The application shall be filed a minimum of 15
days prior to the meeting of the Village Board at which the application
will be considered. If the application is for a license to be used
in a Village park, the applicant shall specify the main point of sale
facility.
[Amended 12-16-2019 by Ord. No. 2019-18]
H.
Retail "Class C" license.
(1)
In this subsection "barroom" means a room that is primarily used
for the sale or consumption of alcohol beverages.
(2)
A "Class C" license authorizes the retail sale of wine by the glass
or in an opened original container for consumption on the premises
where sold.
(3)
A "Class C" license may be issued to a person qualified under § 125.04(5),
Wis. Stats., for a restaurant in which the sale of alcohol beverages
accounts for less than 50% of gross receipts and which does not have
a barroom. A "Class C" license may not be issued to a foreign corporation
or a person acting as agent for, or in the employ of, another.
(4)
A "Class C" license shall particularly describe the premises for
which it is issued.
[Amended 6-15-2015 by Ord. No. 2015-02; 10-3-2016 by Ord. No. 2016-12; 12-16-2019 by Ord. No. 2019-18]
There shall be the following classes of licenses which, when
issued by the Village Clerk under the authority of the Village
Board, after payment of the license fee and publication costs hereinafter
specified, shall permit the holder to sell, deal or traffic in intoxicating
liquors or fermented malt beverages, as provided in § 305-4 of
this article and Chapter 125 of the Wisconsin Statutes:
A.
Class "A" fermented malt beverage retailer's license. The annual
fee for this license shall be set by the Village Board. The fee for
a license for less than 12 months shall be prorated according to the
number of months or fraction thereof for which the license is issued.
B.
Class "B" fermented malt beverage retailer's license. The annual
fee for this license shall be set by the Village Board. This license
may be issued at any time for six months in any calendar year, for
which 50% of the applicable license fee shall be paid, but such license
shall not be renewable during the calendar year in which issued. The
fee for a license for less than 12 months shall be prorated according
to the number of months or fraction thereof for which the license
is issued.
C.
Temporary Class "B" fermented malt beverage license. The fee for
this license shall be set by the Village Board.
D.
Temporary "Class B" wine license. The fee for this license shall
be set by the Village Board. There shall be no fee if the temporary
wine license is obtained along with a temporary fermented malt beverage
license.
E.
Retail "Class A" intoxicating liquor license. The annual fee for
this license shall be set by the Village Board.
F.
Retail "Class B" intoxicating liquor license. The annual fee for
this license shall be set by the Village Board. This license may be
issued at any time for six months in any calendar year, for which
50% of the applicable license fee shall be paid, but such license
shall not be renewable during the calendar year in which issued.
G.
Reserve "Class B" intoxicating liquor license. The fee for an initial issuance of a reserve "Class B" license shall be set by the Village Board, except that the fee for the initial issuance of a reserve "Class B" license to a bona fide club or lodge situated and incorporated in the state for at least six years is the fee established in Subsection F of this section for such a club or lodge. The annual fee for renewal of a reserve "Class B" license is the fee established in Subsection F.
(1)
The Village of East Troy hereby finds that the fee of $10,000 mandated
by the laws of the State of Wisconsin exceeds the actual cost of licensing
the activity, thereby generating additional revenue for the Village,
and it is in the interests of the public welfare to use this additional
revenue to increase the property tax base, improve the interior or
exterior of the licensed premises, provide employment opportunities,
attract tourists and generally enhance the economic and cultural climate
of the community by providing additional economic incentives for new
businesses with liquor licenses.
H.
"Class B" intoxicating liquor license for full-service restaurants
and hotels. The initial annual fee for a "Class B" license for a full
service restaurant that has a seating capacity of 300 or more persons,
or a hotel that has 50 or more rooms of sleeping accommodations and
that has either an attached restaurant with a seating capacity of
150 or more persons or a banquet room which will accommodate 400 or
more persons, shall be set by the Village Board. Thereafter, the annual
renewal fee shall be set by the Village Board.
I.
"Class C" wine license. The annual fee for this license shall be
set by the Village Board. The fee for less than 12 months shall be
prorated.
A.
Contents. Application for a license to sell or deal in intoxicating
liquor or fermented malt beverages shall be made in writing on the
form prescribed by the Wisconsin Department of Revenue and shall be
sworn to by the applicant as provided by §§ 887.01
to 887.03, Wis. Stats., and shall be filed with the Village Clerk not
less than 15 days prior to the granting of such license. The premises
shall be physically described, to include every room and storage space
to be covered by the license, including all rooms not separated by
a solid wall or joined by connecting entrances.
[Amended 12-16-2019 by Ord. No. 2019-18]
B.
Corporations. Such application shall be filed and sworn to by the
applicant, if an individual, or by the president and secretary if
a corporation.
C.
Publication. The Village Clerk shall publish each application
for a Class "A," Class "B," "Class A," "Class B" or "Class C" license.
There is no publication requirement for temporary Class "B" picnic
wine licenses under § 125.26(6), Wis. Stats., or temporary
"Class B" picnic wine licenses under § 125.51(10), Wis.
Stats. The application shall be published once in the official Village
newspaper, and the costs of publication shall be paid by the applicant
at the same time the application is filed, as determined under § 985.08,
Wis. Stats.
D.
Amending application. Whenever anything occurs to change any fact
set out in the application of any licensee, such licensee shall file
with the issuing authority a notice, in writing, of such change within
10 days after the occurrence thereof. An amended application form
also serves as notice. Amendments shall be forwarded to the Village
Board for approval by the Village Clerk prior receiving
an amended license. If amending the described premises, the licensee
shall not operate within the new described area prior to receiving
the amended license.
[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]
E.
Quota of "Class A" liquor licenses.
(1)
LICENSE
POPULATION
QUOTA
Definitions. As used in this subsection, the following words shall
have the following meanings:
Retail "Class A" liquor license.
The number of inhabitants as determined by the last decennial
federal census.
The number of licenses which the Village may grant.
(2)
Designated. The quota of licenses for the Village shall be one license
for each 500 population.
(3)
Annexation. Annexation of territory containing licensed premises
increases the quota, if necessary, to the relicensing of all existing
licensed premises in the municipality after such annexation.
F.
Quota of Class "A" beer licenses.
(1)
LICENSE
POPULATION
QUOTA
Definitions. As used in this subsection, the following words shall
have the following meanings:
Retail Class "A" beer license.
The number of inhabitants as determined by the most current
decennial federal census or state population estimate.
The number of licenses which the Village may grant.
(2)
Designated. The quota of licenses for the Village shall be one license
for each 500 population.
(3)
Annexation. Annexation of territory containing licensed premises
increases the quota, if necessary, to the relicensing of all existing
licensed premises in the municipality after such annexation.
A.
Residency requirements. A retail Class "A" or Class "B" fermented
malt beverage or "Class A" or "Class B" intoxicating liquor license
shall be granted only to persons who are citizens of the United States
and who have been residents of the State of Wisconsin continuously
for at least 90 days prior to the date of the application.
B.
Applicant to have malt beverage license. No retail "Class B" intoxicating
liquor license shall be issued to any person who does not have, or
to whom is not issued, a Class "B" retailer's license to sell fermented
malt beverages.
C.
Right to premises. No applicant will be considered unless he has
the right to possession of the premises described in the application
for the license period, by lease or by deed.
D.
Age of applicant. Licenses related to alcohol beverages shall only
be granted to persons who have attained the legal drinking age.
E.
Corporate restrictions.
(1)
No license or permit may be issued to any corporation unless the
corporation meets the qualifications under § 125.04(5)(a)1
and 4 and (b), Wis. Stats., unless the agent of the corporation appointed
under § 125.04(6), Wis. Stats., and the officers and directors
of the corporation meet the qualifications of § 125.04(5)(a)1
and 3 and (b), and unless the agent of the corporation appointed under
§ 125.04(6) meets the qualification under § 125.04(5)(a)2.
The requirement that the corporation meet the qualifications under
§ 125.04(5)(a)1 and (b) does not apply if the corporation
has terminated its relationship with all of the individuals whose
actions directly contributed to the conviction.
(2)
Each corporate applicant shall file with its application for such
license a statement by its officers showing the names and addresses
of the persons who are stockholders, together with the amount of stock
held by such person or persons. It shall be the duty of each corporate
applicant and licensee to file with the Village Clerk a
statement of transfers of stock within 48 hours after such transfer
of stock.
[Amended 12-16-2019 by Ord. No. 2019-18]
(3)
Any license issued to a corporation may be revoked in the manner
and under the procedure established in § 125.12, Wis. Stats.,
when more than 50% of the stock interest, legal or beneficial, in
such corporation is held by any person or persons not eligible for
a license under this article or under state law.
F.
Sales tax qualification. All applicants for retail licenses shall
provide proof, as required by § 77.61(11), Wis. Stats.,
that they are in good standing for sales tax purposes (i.e., hold
a seller's permit) before they may be issued a license.
G.
Connecting premises. Except in the case of hotels, no person may
hold both a "Class A" license and either a "Class B" license or permit,
a Class "B" license or permit, or a "Class C" license for the same
premises, or for connecting premises. Except for hotels, if either
type of license or permit is issued for the same or connecting premises
already covered by the other type of license or permit, the license
or permit last issued is void. If both licenses or permits are issued
simultaneously, both are void.
H.
Limitations on other business; Class "B" premises. No Class "B" license
or permit may be granted for any premises where any other business
is conducted in connection with the premises, except that this restriction
does not apply if the premises for which the Class "B" license or
permit is issued is connected to premises where other business is
conducted by a secondary doorway that serves as a safety exit and
is not the primary entrance to the Class "B" premises. No other business
may be conducted on premises operating under a Class "B" license or
permit. These restrictions do not apply to any of the following:
[Amended 6-15-2015 by Ord. No. 2015-02]
(1)
A hotel.
(2)
A restaurant, whether or not it is a part of or located in any mercantile
establishment.
(3)
A combination grocery store and tavern.
(4)
A combination sporting goods store and tavern in towns, villages
and fourth-class cities.
(5)
A combination novelty store and tavern.
(6)
A bowling alley or recreation premises.
(7)
A club, society or lodge that has been in existence for six months
or more prior to the date of filing application for the Class "B"
license or permit.
[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]
The Village Clerk shall notify the Chief of Police
and Building Inspector of each new application, and these officials
shall inspect or cause to be inspected each application and the premises,
together with such other investigation as shall be necessary to determine
whether the applicant and the premises sought to be licensed comply
with the regulations, ordinances and laws applicable thereto, including
those governing sanitation in restaurants, and whether the applicant
is a proper recipient of a license. These officials shall furnish
to the Village Clerk, in writing, the information derived from
such investigation, accompanied by a recommendation as to whether
a license should be granted or refused, prior to issuance. No license
shall be renewed without a reinspection of the premises and report,
as originally required.
A.
No license shall be granted for operation on any premises or with
any equipment for which taxes, assessments, forfeitures or other financial
claims of the Village are delinquent and unpaid.
B.
No license shall be issued unless the premises conforms to the sanitary,
safety and health requirements of the State Building Code and the
regulations of the State Department of Health Services applicable
to restaurants. The premises must be properly lighted and ventilated,
must be equipped with separate sanitary toilet and lavatory facilities
equipped with running water for each sex and must conform to all ordinances
of the Village.
[Amended 6-15-2015 by Ord. No. 2015-02]
C.
Consideration for the granting or denial of a license will be based
on:
(1)
Arrest and conviction record of the applicant, subject to the limitations
imposed by §§ 111.321, 111.322 and 111.335, Wis. Stats.;
(2)
The financial responsibility of the applicant;
(3)
The appropriateness of the location and the premises where the licensed
business is to be conducted; and
(4)
Generally, the applicant's fitness for the trust to be reposed.
D.
An application may be denied based upon the applicant's arrest and
conviction record, if the applicant has been convicted of a felony
(unless duly pardoned) or if the applicant has habitually been a law
offender. For purposes of this licensing procedure, "habitually been
a law offender" is generally considered to be an arrest or conviction
of at least two offenses which are substantially related to the licensed
activity within the five years immediately preceding the license application.
Because a license is a privilege, the issuance of which is a right
granted solely to the Village Board, the Village Board reserves the
right to consider the severity and the facts and circumstances of
the offense when making the determination to grant, deny or not renew
a license. Further, the Board, at its discretion, may, based upon
an arrest or conviction record of two or more offenses which are substantially
related to the licensed activity within the five years immediately
preceding, act to suspend such license for a period of one year or
more.
A.
Opportunity shall be given by the governing body to any person to be heard for or against the granting of any license. Upon the approval of the applicant by the Village Board and compliance with § 305-8, the Village Clerk shall issue to the applicant a license, upon payment by the applicant of the license fee to the Village. The full license fee shall be charged for the whole year or a prorated fee for a fraction of any year based upon months remaining in the license year.
[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]
B.
If the Village Board denies the license, the applicant shall be notified
in writing, by registered mail or personal service, of the reasons
for the denial. The notice shall also inform the applicant of the
opportunity to appear before the Village Board and to provide evidence
as to why the denial should be reversed. In addition, the notice shall
inform the applicant that the reconsideration of the application shall
be held in closed session, pursuant to § 19.85(1)(b), Wis.
Stats., unless the applicant requests reconsideration be held in open
session and the Village Board consents to the request. Such written
notice shall be mailed or served upon the applicant at least 10 days
prior to the Village Board meeting at which the application is to
be reconsidered.
[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]
A.
In accordance with the provisions of § 125.04(12), Wis.
Stats., a license shall be transferable from one premises to another,
if such transfer is first approved by the Village Board. An application
for transfer shall be made on a state form furnished by the Village Clerk.
Proceedings for such transfer shall be had in the same form and manner
as the original application. The fee for such transfer is set by the
Village Board. Whenever a license is transferred, the Village Clerk shall
forthwith notify the Wisconsin Department of Revenue of such transfer.
In the event of the sale of a business or business premises of the
licensee, the purchaser of such business or business premises must
apply to the Village for reissuance of said license, and the Village,
as the licensing authority, shall in no way be bound to reissue said
license to said subsequent purchaser
B.
Whenever the agent of a corporate holder of a license is, for any
reason, replaced, the licensee shall give the Village Clerk written
notice of said replacement, the reasons therefor and the new appointment.
Until the next regular meeting or special meeting of the Village Board,
the successor agent shall have the authority to perform the functions
and be charged with the duties of the original agent. However, said
license shall cease to be in effect upon receipt by the Village Clerk of
notice of disapproval of the successor agent by the Wisconsin Department
of Revenue or other peace officer of the municipality in which the
license was issued. The corporation's license shall not be in force
after receipt of such notice, or after a regular or special meeting
of the Village Board, until the successor agent or another qualified
agent is appointed and approved by the Village.
[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]
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. The
Village Clerk shall affix the Corporate Seal to the license.
A.
Every person licensed in accordance with the provisions of this article
shall immediately post such license and keep the same posted while
in force in a conspicuous place in the room or place where said beverages
are drawn or removed for service or sale.
B.
It shall be unlawful for any person to post such license, or to be
permitted to post it, upon premises other than those mentioned in
the application or knowingly to deface or destroy such license.
All retail Class "A," Class "B," "Class A" and "Class B" licenses
granted hereunder shall be granted subject to the following conditions,
and all other conditions of this article, and subject to all other
ordinances and regulations of the Village applicable thereto:
A.
Consent to entry. Every applicant procuring a license thereby consents
to the entry of police or other duly authorized representatives of
the Village at all reasonable hours for the purpose of inspection
and search, and consents to the removal from said premises of all
things and articles there had in violation of Village ordinances or
state laws, and consents to the introduction of such things and articles
in evidence in any prosecution that may be brought for such offenses.
B.
Employment of minors. Except as provided in §§ 125.32(2)
and 125.68(2), Wis. Stats., no retail "Class B" or Class "B" licensee
shall employ any underage person, as defined in the Wisconsin Statutes,
but this shall not apply to hotels and restaurants. Family members
may work on the licensed premises but are not permitted to sell or
dispense alcohol beverages.
[Amended 6-15-2015 by Ord. No. 2015-02]
C.
Disorderly conduct prohibited. Each licensed premises shall, at all
times, be conducted in an orderly manner, and no disorderly, riotous
or indecent conduct shall be allowed, at any time, on any licensed
premises.
D.
Licensed operator on premises. There shall be upon premises operated
under a "Class B," Class "B" or "Class C" license, at all times, the
licensee, members of the licensee's immediately family who have attained
the legal drinking age and/or some person who shall have an operator's
license and who shall be responsible for the acts of all persons serving
as waiters, or in any other manner, any fermented malt beverages to
customers. No person other than the licensee shall serve fermented
malt beverages in any place operated under a "Class B," Class "B"
or "Class C" license unless he possesses an operator's license or
there is a person with an operator's license upon said premises at
the time of such service.
E.
Health and sanitation regulations. The rules and regulations of the
State Department of Health Services governing sanitation in restaurants
shall apply to all "Class B" liquor or "Class C" licenses issued under
this article. No "Class B" or "Class C" license shall be issued unless
the premises to be licensed conforms to such rules and regulations.
[Amended 6-15-2015 by Ord. No. 2015-02]
F.
Restrictions near schools and churches. No retail Class "A," Class
"B," "Class A" or "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 licensed as such on June 30, 1947, nor
shall it apply to any premises licensed as such prior to the occupation
of real property within 300 feet thereof by any school building, hospital
building or church building.
G.
Clubs. No club shall sell or give away any intoxicating liquors except
to bona fide members and guests invited by members.
H.
Gambling prohibited. Except as authorized by state law, no gambling
or game of chance of any sort shall be permitted, in any form, upon
any premises licensed under this article or the laws of the State
of Wisconsin.
I.
Credit prohibited. No retail Class "A," Class "B," "Class A," "Class
B" or "Class C" liquor, wine or fermented malt beverage licensee shall
sell or offer for sale any alcohol beverages to any person or person
by extending credit, except hotel credit extended to a resident guest
or a club to a bona fide member. It shall be unlawful for such licensee
or permittee to sell alcohol beverages to any person on a passbook
or store order or to receive from any person any goods, wares, merchandise
or other articles in exchange for alcohol beverages.
J.
Licensee or permittee responsible for acts of help. A violation of
this article by a duly authorized agent or employee of a licensee
or permittee under this article shall constitute a violation by the
licensee or permittee. Whenever any licensee or permittee under this
article shall violate any portion of this article, proceedings for
the suspension or revocation of the license or permit of the holder
thereof may be instituted in the manner prescribed in this article.[1]
[1]
Editor's Note: Original § 7-2-14(k), Improper exhibitions,
and (l), Obstruction within premises prohibited, which immediately
followed this subsection, were repealed 6-15-2015 by Ord. No. 2015-02.
K.
Outdoor service areas. The holders of retail Class "B" and/or "Class
B" licenses may, upon application to the Village Board, be entitled
to serve or sell such beverages on outdoor decks or areas, provided
that said areas are authorized by the Wisconsin Statutes and are included
in the premises description in the license application; said decks
or areas have been inspected and approved for safety, noise control
and compliance with this subsection by the Village Clerk or
his/her designee; and the holder has agreed to comply with such other
restrictions which the Village Board may deem necessary to protect
the health, welfare and safety of the Village.
[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]
[Amended 12-19-2011[1]]
Closing hours shall be established in conformance with §§ 125.32(3)
and 125.68(4), Wis. Stats., and further restricted as follows:
A.
Class "B," "Class B" and "Class C" licenses.
(1)
No premises for which a retail "Class B" liquor, Class "B" fermented
malt beverage, or "Class C" wine license has been issued shall be
permitted to remain open for the sale of liquor or fermented malt
beverages, or for any other purpose, between the hours of 2:00 a.m.
and 6:00 a.m., Monday through Friday, and 2:30 a.m. and 6:00 a.m.
on Saturday and Sunday. There shall be no closing hours on January
1.
(2)
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 shall not sell liquor or malt beverages during the closing hours specified in Subsection A(1) above.
B.
Carry-out hours. Between 9:00 p.m. and 6:00 a.m., no person may sell,
remove, carry out or permit to be removed or carried out from any
premises having a "Class A" or Class "A" license fermented malt beverages
or intoxicating liquor in original unopened packages, containers or
bottles or for consumption away from the premises.
It shall be unlawful for any person or organization on a temporary
basis to sell or offer to sell any alcohol beverage upon any Village-owned
property or privately owned property within the Village of East Troy,
except through the issuance of a temporary Class "B" fermented malt
beverage license or temporary "Class B" wine license issued by the
Village Board, in accordance with Wisconsin Statutes, and as set forth
in this section. A temporary Class "B" fermented malt beverage license
or temporary "Class B" wine license authorizing the sale and consumption
of beer and/or wine on Village-owned property or privately owned property
may be authorized by the Village Board, provided that the following
requirements are met:
A.
Compliance with eligibility standards. The organization shall meet the eligibility requirements of a bona fide club, association, lodge or society as set forth in § 125.26(6), Wis. Stats., and shall fully comply with the requirements of this section and Article II of this chapter. Members of an organization which is issued a temporary license and who are issued operators' licenses for the event may be required to attend a pre-event informational meeting to learn what rules and regulations apply and what the responsibilities of the bartenders and organization will be.
B.
Posting of signs. All organizations issued a temporary license shall
post in a conspicuous location, at the main point of sale and at all
remote points of sale, a sufficient number of signs stating that no
fermented malt beverage shall be served to any underage person without
proper identification.
C.
Fencing.
(1)
Organizations shall install a double fence around the main point
of sale to control ingress and egress and continually station a licensed
operator, security guard or other competent person at the entrance
for the purpose of checking age identifications. Where possible, there
shall be only one point of ingress and egress. The double fence shall
be a minimum of four feet high and a minimum of six feet between fences.
D.
Licensed operator requirement; underage persons.
(1)
A licensed operator or law enforcement officer shall be stationed
at all points of sales at all times. The carry out of intoxicating
beverages is prohibited.
(2)
No person other than the licensee or agent may serve fermented malt
beverages in any place operated under a Class "B" picnic license or
permit, unless he has an operator's license or is at least 18 years
of age and is under the immediate supervision of the licensee or agent
or a person holding an operator's license who is on the premises at
the time of the service. No underage person or persons shall be permitted
to loiter in the area of any sales of intoxicating beverages.
E.
Waiver. The Village Board may waive or modify the requirements of
this section due to the physical characteristics of the licensed site.
F.
Insurance. The applicant for a temporary fermented malt beverage
or wine license may be required to indemnify, defend and hold the
Village and its employees and agents harmless against all claims,
liability, loss, damage or expense incurred by the Village on account
of any injury to or death of any person or any damage to property
caused by or resulting from the activities for which the permit is
granted. As evidence of the applicant's ability to perform the conditions
of the license, the applicant may be required to furnish a certificate
of comprehensive general liability insurance to the Village of East
Troy. The applicant may be required to furnish a performance bond
prior to being granted the license.[2]
A.
Procedure. Whenever the holder of any license under this article violates any portion of this article or Article II of this chapter, proceedings for the revocation of such license may be instituted in the manner and under the procedure established by this section.
B.
Abandonment of business. Any licensee holding a license to sell alcohol
beverages who abandons such business shall forfeit any right or preference
he/she may have to the holding of or renewal of such license. Abandonment
shall be sufficient grounds for revocation of any alcohol beverage
license. The closing of the licensed premises for at least six months
shall be prima facie evidence of the abandonment, unless extended
by the Village Board. All persons issued a license to sell alcohol
beverages in the Village for which a quota exists limiting the number
of such licenses that may be issued by the Village shall cause such
business described in such license to be operated on the premises
described in such license for at least 150 days during the term of
such license, unless such license is issued for a term of less than
180 days, in which event this subsection shall not apply.
C.
License revocation or suspension. License revocation or suspension
procedures shall be as prescribed by Ch. 125, Wis. Stats.
The presence of underage persons on a licensed premises as provided
under § 125.07(3)(a)10, Wis. Stats., shall be subject to
the following:
A.
The licensee or agent of a corporate licensee shall notify the Police
Department at least 48 hours in advance of the date of any event at
which underage persons will be present on the licensed premises. Each
such non-alcohol event notice shall specify the date(s) on which the
event is to occur and the time(s) of commencement. All notices shall
be filed with the Police Department during normal working hours (8:00
a.m. to 4:00 p.m., Monday through Friday) and shall be given on forms
prescribed by the Village. After a non-alcohol event notice has been
given, the licensee may cancel an event(s) only by giving like notice
to the Police Department in accordance with the provisions of this
subsection. Regardless of the date given, all notices shall expire
and be deemed canceled no later than the date of expiration or revocation
of the applicable retail "Class B" or Class "B" license.
B.
During the period of any non-alcohol event, a notice card prescribed
by the Police Department shall be posted at all public entrances to
the licensed premises, notifying the general public that no alcohol
beverages may be consumed, sold or given away on or carried into the
licensed premises during the event. Such notice cards shall be made
available by the Village to a requesting licensee.
C.
Once a non-alcohol event has commenced, no alcohol beverages may
be consumed, sold or given away on or carried into the licensed premises
until the next day following the closing hours of the licensed premises.
D.
During the period of any non-alcohol event, all alcohol beverages
shall be stored in a locked portion of the licensed premises, in a
secure place out of the sight and physical reach of any patron present,
and shall be under the direct and immediate control and supervision
of the licensee or a licensed bartender in the employ of the licensee.
All beer taps and automatic dispensers of alcohol beverages (speed
guns) shall be either disconnected, disabled or made inoperable.
A.
Authority.
(1)
The Village Board of the Village of East Troy has explicit authority
under § 125.10(1), Wis. Stats., to adopt regulations governing
the sale of alcohol beverages which are in addition to those set forth
in Ch. 125, Wis. Stats.
(2)
The Village Board has the authority under its general police powers
set forth in the Wisconsin Statutes to act for the good order of the
municipality and for the health, safety and welfare of the public
and may carry out its powers by regulation and suppression.
(3)
The Village Board recognizes it lacks authority to regulate obscenity
in light of § 66.0107(3), Wis. Stats., and does not intend
by adopting this section to regulate obscenity, since nudity in and
of itself is not obscene. It declares its intent to enact an ordinance
addressing the secondary effects of live, totally nude, nonobscene,
erotic dancing in bars and taverns.
(4)
Bars and taverns featuring live, totally nude, nonobscene, erotic
dancing have in other communities tended to further the increase of
criminal and other offensive activity, to disrupt the peace and order
of the communities, to depreciate the value of real property, to harm
the economic welfare of the communities, and to negatively affect
the quality of life of the communities, and such secondary effects
are detrimental to the public health, safety and general welfare of
citizens.
(5)
The Village Board recognizes the U.S. Supreme Court has held that
nude dancing is expressive conduct within the outer perimeters of
the First Amendment to the United States Constitution and therefore
entitled to some limited protection under the First Amendment, and
the governing body further recognizes that freedom of speech is among
our most precious and highly protected rights and wishes to act consistently
with full protection of those rights.
(6)
However, the Village Board is aware, based on the experiences of
other communities, that bars and taverns in which live, totally nude,
nonobscene, erotic dancing occurs may and do generate secondary effects
which the governing body believes are detrimental to the public health,
safety and welfare of the citizens of the Village of East Troy.
(7)
Among these secondary effects are:
(a)
The potential increase in prostitution and other sex-related
offenses, as well as other crimes and offenses;
(b)
The potential depreciation of property values in neighborhoods
where bars and taverns featuring nude dancing exist;
(c)
Health risks associated with the spread of sexually transmitted
diseases; and
(d)
The potential for infiltration by organized crime for the purpose
of unlawful conduct.
(8)
The Village Board desires to minimize, prevent and control these
adverse effects and thereby protect the health, safety and general
welfare of the citizens of the Village of East Troy; protect the citizens
from increased crime; preserve the quality of life; preserve the property
values and character of surrounding neighborhoods; and deter the spread
of urban blight.
(9)
The Village Board has determined that enactment of an ordinance prohibiting
live, totally nude, nonobscene, erotic dancing in bars and taverns
licensed to serve alcohol beverages promotes the goal of minimizing,
preventing and controlling the negative secondary effects associated
with such activity.
B.
Nude dancing in licensed establishments prohibited. It is unlawful
for any person to perform or engage in or for any licensee or manager
or agent of the licensee to permit any person, employee, entertainer
or patron to perform or engage in any live act, demonstration, dance
or exhibition on the premises of a licensed establishment which:
C.
Exemptions. The provisions of this section do not apply to the following
licensed establishments: theaters, performing arts centers, civic
centers and dinner theaters where live dance, ballet, music and dramatic
performances of serious artistic merit are offered on a regular basis
and in which the predominant business or attraction is not the offering
to customers of entertainment which is intended to provide sexual
stimulation or sexual gratification to such customers and where the
establishment is not distinguished by an emphasis on, or the advertising
or promotion of, employees engaging in nude, erotic dancing.
D.
LICENSED ESTABLISHMENT
LICENSEE
Definitions. For purposes of this section, the following definitions
apply:
Any establishment licensed by the Village Board of the Village
of East Troy to sell alcohol beverages pursuant to Ch. 125, Wis. Stats.
The holder of a retail "Class A," "Class B," Class "B," Class
"A" or "Class C" license granted by the Village Board of the Village
of East Troy pursuant to Ch. 125, Wis. Stats.
E.
Penalties. Any person, partnership or corporation who or which violates any of the provisions of this section shall be subject to a forfeiture pursuant to § 1-4 of this Code. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this section constitutes sufficient grounds for suspending, revoking or nonrenewing an alcohol beverage license under § 125.12, Wis. Stats.
A.
Application for license.[1]
(1)
The Village Clerk or their designee may issue an operator's license,
which license shall be granted only upon application, in writing,
on forms to be obtained from the Village Clerk only to persons 18
years of age or older. An operator' s license shall be operative only
within the limits of the Village.
[Amended 12-16-2019 by Ord. No. 2019-18; 3-16-2020 by Ord. No. 2020-06]
(2)
All applications are subject to an investigation by the Police Department
and/or other appropriate authority to determine whether the applicant
and/or premises to be licensed complies with all regulations, ordinances
and laws applicable thereto. The investigating authority shall conduct
an investigation of the applicant, including but not limited to requesting
information from the state, surrounding municipalities and/or any
community where the applicant has previously resided concerning the
applicant's arrest and conviction record. Based upon such investigation,
the investigating authority shall recommend, in writing, to the Village
Board approval or denial of the application. If the investigating
authority recommends denial, the investigating authority shall provide,
in writing, the reasons for such recommendation.
[1]
Editor's Note: Original § 7-2-30, Operator's license
required, which immediately preceded this subsection, was repealed 6-15-2015 by Ord. No. 2015-02.
B.
Duration. Licenses issued under the provisions of this section shall
be valid for a period of two years and shall expire on the 30th day
of June.
C.
Operator's license fee; provisional or temporary licenses.
(1)
Fee. The fee for an operator's license shall be set by the Village
Board for a two-year term or part thereof. The fees for a provisional
operator's license and a temporary operator's license shall be set
by the Village Board. There shall be an additional nonrefundable investigative
fee set by the Village Board added to the fee for all three licenses
to cover the State of Wisconsin charges. Any person applying for an
operator's license within a one-year period after having been denied
an operator's license shall forfeit all fees if the operator's license
is denied again.
[Amended 4-1-2013 by Ord. No. 2013-01; 6-15-2015 by Ord. No. 2015-02]
(2)
Provisional license. The Village Clerk may issue a provisional
operator's license in accordance with § 125.17(5), Wis.
Stats. The provisional operator's license shall expire 60 days after
its issuance or when an operator's license is issued to the holder,
whichever is sooner. The Chief of Police shall submit to the Village Clerk
a report regarding the applicant's conviction history, if any. The
applicant for such provisional license must present evidence to the Clerk establishing
that the applicant is enrolled in a responsible beverage server training
course established pursuant to § 125.17(6), Wis. Stats.
The Village Clerk may, upon receiving an application for
a provisional license, issue such a license without requiring the
successful completion of the approved training course as described
herein. However, such provisional license shall be used only for the
purpose of allowing such applicant the privilege of being licensed
as a beverage operator pending his/her successful completion of the
approved training course and the Village approval process to allow
for the applicant to obtain a regular operator's license. A provisional
license may not be issued to any person who has been denied an operator's
license by the Village Board, who has had his/her operator's license
revoked or suspended within the preceding 12 months, or who previously
held a provisional operator's license and who failed to complete the
responsible beverage server training course. The Village Clerk shall
provide an appropriate application form to be completed in full by
the applicant. The Village Clerk may revoke the provisional
license issued if he/she discovers that the holder of the license
made a false statement on the application. A provisional license shall
not be renewed.
[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]
D.
Issuance or denial of operator's license.
(1)
After the Village Clerk or their designee approves the granting of
an operator's license, the Village Clerk shall issue the license.
Such licenses shall be issued and numbered in the order they are granted
and shall give the applicant's name, address and the date of the expiration
of such license.
[Amended 12-16-2019 by Ord. No. 2019-18; 3-16-2020 by Ord. No. 2020-06]
(2)
Denial and reconsideration.
[Amended 12-16-2019 by Ord. No. 2019-18; 3-16-2020 by Ord. No. 2020-06]
(a)
If the application is denied by the Village Clerk or their designee,
the Village Clerk shall, in writing, inform the applicant of the denial,
the reasons therefor, and of the opportunity to request a reconsideration
of the application by the Village Board in a closed session. Such
notice must be sent by registered mail to, or served upon, the applicant
at least 10 days prior to the Board's reconsideration of the matter.
At such reconsideration hearing, the applicant may present evidence
and testimony as to why the license should be granted.
(b)
If, upon reconsideration, the Board again denies the application,
the Village Clerk shall notify the applicant, in writing, of the reasons
therefor. An applicant who is denied any license upon reconsideration
of the matter may apply to the Circuit Court, pursuant to § 125.12(2)(d),
Wis. Stats., for review.
(3)
Considerations for granting license.
(a)
Consideration for the granting or denial of a license will be
based on:
[1]
Arrest and conviction record of the applicant, subject to the
limitations imposed by §§ 111.321, 111.322 and 111.335,
Wis. Stats.;
[2]
The financial responsibility of the applicant;
[3]
The appropriateness of the location and the premises where the
licensed business is to be conducted; and
[4]
Generally, the applicant's fitness for the trust to be reposed.
(b)
If a licensee is convicted of an offense substantially related
to the licensed activity, the Village Board may act to revoke or suspend
the license.
(4)
An application may be denied based upon the applicant's arrest and
conviction record if the applicant has been convicted of a felony
(unless duly pardoned) or if the applicant has habitually been a law
offender. For purposes of this licensing procedure, "habitually been
a law offender" is generally considered to be an arrest or conviction
of at least two offenses which are substantially related to the licensed
activity within the five years immediately preceding the license application.
Because a license is a privilege, the issuance of which is a right
granted solely to the Village Board, the Village Board reserves the
right to consider the severity and facts and circumstances of the
offense when making the determination to grant, deny or not renew
a license. Further, the Village Board, at its discretion, may, based
upon an arrest or conviction record of two or more offenses which
are substantially related to the licensed activity within the five
years immediately preceding, act to suspend such license for a period
of one year or more.
E.
Training course.
(1)
Except as provided in Subsection F(2) below, the Village Board may
not issue an operator's license unless the applicant has successfully
completed the training course as described in § 125.17(6),
Wis. Stats., unless the applicant fulfills one of the following requirements:[2]
F.
Display of license. Each license issued under the provisions of this
section shall be posted on the premises whenever the operator dispenses
beverages or be in his possession or the licensee shall carry a license
card.[3]
G.
Revocation of operator's license. Violation of any of the terms or
provisions of the state law or of this article relating to operators'
licenses by any person holding such operator's license shall be cause
for revocation of the license.
A.
Forfeitures for violations of §§ 125.07(1) to (4) and 125.09(2), Wis. Stats., adopted by reference in § 305-1 of this article, shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable state statute, including any variations or increases for subsequent offenses.
C.
Nothing herein shall preclude or affect the power of the sentencing
court to exercise additional authorities granted by the Wisconsin
Statutes.
[Adopted 4-3-2000 by Ord. No. 2000-2 as § 11-4-1
of the 2000 Code]
As used in this article, the following terms shall have the
meanings indicated:
Includes all ardent, spirituous, distilled or vinous liquors,
liquids or compounds, whether medicated, proprietary, patented or
not, and by whatever name called, as well as all liquors and liquids
made by the alcohol fermentation of an infusion in potable water of
barley malt and hops, with or without unmalted grains or decorticated
or degerminated grains or sugar, which contain 1/2 of 1% or more of
alcohol by volume and which are fit for use for beverage purposes.
Any location within the Village which is open to access to
persons not requiring specific permission of the owner to be at such
location, including all parking lots serving commercial establishments.
Any person under the legal drinking age, as defined by the
Wisconsin Statutes.
A.
Regulations. It shall be unlawful for any person to sell, serve or
give away, or offer to sell, serve or give away, any alcohol beverage
upon any public street, sidewalk, alley, public parking lot, highway,
park, municipal building, cemetery or drives or other public area
within the Village of East Troy, or on private property without the
owner's consent, except at licensed premises. It shall be unlawful
for any person to consume or have in his/her possession any open container
containing an alcohol beverage upon any public street, public sidewalk,
public way, public alley, park, municipal building, or public parking
lot within the Village, except at licensed premises.
B.
Private property held out for public use. It shall be unlawful for
any person to consume any alcohol beverages upon any private property
held open for public use within the Village, unless the property is
specifically named as being part of a licensed premises.
C.
Leaving licensed premises with open container.
A.
The provisions of this article may be waived by the Village Board
for duly authorized events.
B.
This article shall not apply to any organization which has been issued a temporary fermented malt beverage and/or temporary wine license for a designated area and event, pursuant to Article I of this chapter, provided that the provisions of this article and Article I of this chapter are fully complied with.
[Amended 6-15-2015 by Ord. No. 2015-02]
C.
The provisions of this article regarding open consumption of fermented
malt beverages or intoxicating liquor shall not apply within 200 feet
of a parade route for which the Village of East Troy has granted a
parade permit from one hour prior to the scheduled start of said parade
until one hour after the end of said parade, except that the foregoing
exemption does not extend to any vehicle or unit of the parade, however
propelled, nor to any parade participant for that period of time during
which the vehicle, unit of the parade or person is participating within
the assembly and disembarkment points of the parade.
D.
The provisions of § 125.26(6), regarding "beer walks,"
and § 125.51(10), regarding "wine walks," of the Wisconsin
Statutes, or as may be hereafter amended, are hereby adopted in full.
[Added 3-7-2016 by Ord.
No. 2016-03]
E.
Upon application by an authorized organization for either a beer
walk or wine walk, the Village Board shall authorize the area to be
included in the walk.
[Added 3-7-2016 by Ord.
No. 2016-03]
