[HISTORY: Adopted by the Village Board of the Village of
Hobart as indicated in article histories. Amendments noted where applicable.]
[Adopted as § 5.5 of the 2000 Code]
A.
Title: "Regulation and Licensing of Fermented Malt Beverages and
Intoxicating Liquor."
B.
Adoption. The provisions of Chapter 125 of the Wisconsin Statutes,
as now existing and as the same may hereafter be amended, are hereby
adopted and made part of this article of the Village of Hobart Code
(the "Code") by reference. In the event a conflict exists between
Chapter 125 of the Wisconsin Statutes and this article of the Code,
Chapter 125 shall control.
Whereas, the Wisconsin Statutes, and in particular § 61.34
and Chapter 125 thereof, grant the Village Board the power to regulate
the sale of fermented malt beverages and intoxicating liquors; and,
whereas, the Village of Hobart is predominantly a residential community
with a small business district and provides limited fire and police
protection; now then, the Village Board deems it to be in the best
interests of the Village and for the health, safety, welfare, convenience
and morality of the public to regulate the sale of fermented malt
beverages and intoxicating liquors in the Village of Hobart.
See Chapter 125, § 125.02, of the Wisconsin Statutes
for additional definitions. The following terms used in this article
shall have the meanings indicated in this section:
Any area within any building or other structure in which
the area for the sale, offer for sale, or display for sale of any
fermented malt beverages and/or intoxicating liquor is not separated
from the area for the sale, offer for sale, or display for sale of
any nonrelated goods, product, thing or service by a solid floor-to-ceiling
wall which contains no door, window or other opening which is capable
of allowing any person or thing to pass from either area to the other,
unless the same is a secondary doorway which serves solely as a safety
exit.
Any liquor or liquid capable of being used for beverage purposes
made by the alcoholic fermentation of an infusion in potable water
of barley, malt and hops, with or without unmalted grains or decorticated
and degerminated grains or sugar, containing 1/2 of 1% or more of
alcohol by volume.
Any ardent, spirituous, distilled, or vinous liquors, liquids,
or compounds, whether medicated, proprietary, patented, or not, by
whatever name called, containing 1/2 of 1% or more of alcohol by volume,
which are fit for use for beverage purposes, but shall not include
fermented malt beverages which contain less than 5% of alcohol by
weight.
Includes sheriffs, undersheriffs, deputy sheriffs, police
officers, constables, and any duly authorized employee of the Wisconsin
Department of Revenue.
The area that is the subject of an application and license
for sale of fermented malt beverages and/or intoxicating liquor.
A "Class B" license which the Village has been authorized
to issue under § 125.51(4)(br), Wisconsin Statutes (as now
existing and as the same may hereafter be amended), but which it has
not granted or issued.
Sale, transfer, gift, barter, trade or exchange, or any shift,
device, scheme or transaction whatever whereby fermented malt beverages
and/or intoxicating liquors may be obtained, but does not include
the solicitation of orders for, or the sale for future delivery of,
fermented malt beverages or intoxicating liquors.
The Village of Hobart.
No person shall vend, sell, deal or traffic in, or have in his
or her possession with intent to vend, sell, deal or traffic in, or
for the purpose of avoiding any ordinance of the Village or law of
this state give away any fermented malt beverages or intoxicating
liquors without having a license as provided by this article nor without
complying with all of the provisions of this article and all regulations
and laws of this state applicable thereto.
A.
Fermented malt beverages. Licenses to sell, deal or traffic in fermented
malt beverages shall be designated either retail Class "A" or Retail
Class "B":
(1)
A retail Class "A" license shall permit its holder to sell, deal
or traffic in fermented malt beverages only for consumption away from
the premises where sold and in the original package, container or
bottle.
(2)
A retail Class "B" license shall permit its holder to sell, deal
or traffic in fermented malt beverages either to be consumed on the
premises where sold or away from such premises.
B.
Intoxicating liquors. Licenses to sell, deal or traffic in intoxicating
liquors shall be designated either retail "Class A," or retail "Class
B."
(1)
A retail "Class A" license shall permit its holder to sell, deal
or traffic in intoxicating liquors only in original packages or containers,
in quantities of not more than three wine gallons at any one time
and to be consumed off the premises so licensed, except that wine
may be sold in the original package or otherwise in any quantity.
(2)
A retail "Class B" license shall permit its holder to sell, deal
or traffic in intoxicating liquors to be consumed by the glass only
on the premises so licensed, and in the original package or container,
in quantities of not more than one quart at any one time, and to be
consumed off the premises so licensed, except that wine may be sold
in the original package or otherwise in any quantity to be consumed
off the premises.
(3)
A temporary retail "Class B" license shall permit its holder to sell
wine only for consumption at a picnic or other similar gathering of
limited duration.
The issuance of all licenses, whether an original or renewal,
are subject to the Village Board's discretion and approval. The license
fee shall depend upon the type of license requested. All fees are
set by Village resolutions and shall be posted on the Village's official
web site or shall be available from the Village Clerk-Treasurer. License
fees are subject to change pursuant to the Village Board's discretion.
A.
The number of licenses granted by the Village Board for any license
year shall not exceed the quotas set forth in Chapter 125 of the Wisconsin
Statutes.
B.
For the purposes of this section, any combination license granted
by the Village Board to a licensee shall be counted as one license
for each class of license included in the combination license.
A.
The application for an original license or a renewal license to sell,
deal or traffic in fermented malt beverages or intoxicating liquors
shall be made in writing on a form prescribed and furnished by the
Wisconsin Department of Revenue and sworn to by the applicant. The
application shall state the kind of license applied for, designate
the premises where such fermented malt beverages or intoxicating liquors
are to be sold and designate such other information as filed with
the Village Clerk-Treasurer and be accompanied by the cost of publication
of notice of such application.
B.
In the event the applicant is not the title owner of the real property
upon which the premises sit (the "title owner"), the application for
the original license or renewal license to sell, deal or traffic in
fermented malt beverages or intoxicating liquors shall also be sworn
to by the title owner. Specifically, the title owner shall confirm
that the premises conforms to the sanitary, safety and health requirements
of the state building code, the state plumbing code and the rules
and regulations of the State Department of Health Services applicable
to restaurants as contemplated in § 125.68(5) of the Wisconsin
Statutes, and also conforms to all ordinances and regulations of the
Village. The Village Clerk-Treasurer shall keep all applications for
licenses and they may be inspected by any citizen.
A.
An alcohol beverage license is a privilege, not an entitlement. The
Village shall review each application on an individual basis and,
after considering the Village's best interest, the Village Board shall
make discretionary decisions regarding the granting or the denial
of any requested liquor license, whether for fermented malt beverage
or intoxicating liquor.[1]
B.
No alcohol beverage license shall be granted to any person or persons
under the age of 18 years for the sale of any fermented malt beverages
or intoxicating liquors, or to any person who is not of good moral
character and a full citizen of the United States, and of the State
of Wisconsin, and who has not resided in the State of Wisconsin continuously
for at least one year immediately prior to the date of filing the
application.[2]
C.
No license shall be issued or granted to any person who fails to
pay personal property tax or real estate tax or who owes any unpaid
delinquent personal property tax, real estate tax, room tax, special
charge for current services, special assessment, municipal court forfeiture,
parking ticket, utility bill, ambulance bill, hazardous material spill
response charge, or inspection fee to the Village.
D.
No license shall be issued or granted for any premises if the title
owner who fails to pay personal property tax or real estate tax or
who owes any unpaid delinquent personal property tax, real estate
tax, room tax, special charge for current services, special assessment,
municipal court forfeiture, parking ticket, utility bill, utility
fee, ambulance bill, hazardous material spill response charge, or
inspection fee to the Village.
E.
No license shall be issued or granted to any person who has habitually
been a petty law offender, or has been convicted of an offense against
the laws of this state, or any other state punishable by imprisonment
in the state prison, unless the person so committed has been duly
pardoned. Where the applicant is an entity, the provisions of this
section shall apply to the entity's owners, members, officers and
directors.
F.
The Village Board may also consider, but shall not be limited to,
the applicant's and title owner's financial responsibility, the proposed
location, the effect of the license on the surrounding community,
the condition of the premises, the applicant's and title owner's fitness
for the trust to be reposed.
G.
Every applicant for an original or renewal license to sell, deal
or traffic in fermented malt beverages or intoxicating liquors, and
every title owner, in the event the applicant is not the title owner
of the real property upon which the premises sit, shall expressly
consent to the jurisdiction of the Village and/or Brown County Circuit
Court for the State of Wisconsin, as the case may be, for any and
all disputes arising out of or related to the original and/or renewal
license for fermented malt beverages and/or intoxicating liquors.
The Village Board shall meet not later than May 15 of each year
and be in session from day to day thereafter, so long as may be necessary,
for the purpose of acting upon such applications for licenses as may
be presented to them on or before April 15, and all applications for
licenses so filed shall be granted, issued or denied not later than
June 15 for the ensuing license year, provided that nothing shall
prevent the Village Board from granting any licenses which are applied
for at any other time. As soon as the application has been approved,
a duplicate copy thereof shall be forwarded to the Wisconsin Department
of Revenue. No application for a license which is in existence at
the time of such annual license meeting shall be rejected without
a statement on the Clerk-Treasurer's minutes as to the reasons for
such rejection. By July 15 annually, the Village Clerk-Treasurer shall
mail to the Department of Revenue a list containing the name, address
and trade name of each person holding a license issued by the Village,
other than a manager's or operator's license or a license issued under
§ 125.26 (6), Wis. Stats., the type of license held and,
if the person holding the license is a corporation or limited liability
company, the name of the agent appointed.
Upon the approval of the application by the Village Board, the
Village Clerk-Treasurer shall attest the license and, upon the filing
by the applicant of a receipt showing the payment of the required
license fee to the Village Clerk-Treasurer, issue the license to the
applicant. Each license shall be numbered in the order in which issued
and shall specifically state the name of the licensee, the premises
for which issued under, the date of issuance, and the fee paid. All
such licenses shall remain in force until and expire on June 30 at
midnight next after the granting thereof, unless sooner revoked or
suspended.
Every license for the sale of fermented malt beverages and intoxicating
liquors shall be enclosed in a suitable wood or metal frame, having
a clear glass face and a substantial wood or metal back, so that the
whole of such license may be seen therein, and shall be posted and
at all times displayed in a conspicuous place in the room where such
business is carried on, so that all persons visiting such place may
readily see the same.
A.
Transfer of license. Every license issued pursuant to this chapter
may, for a fee as outlined in this code, and upon application by the
licensee and for good cause shown, be transferred by the Village Board
from one location (the original premises) to another location within
the Village, but no licenses shall be entitled to more than one transfer
in any one license year. Whenever a license is transferred, the Village
Clerk-Treasurer shall forthwith notify the Wisconsin Department of
Revenue of such transfer (the "transfer").
B.
All provisions of this article apply to a transfer; therefore, in the event of a transfer and the applicant is not the title owner of the premises to which such license shall be transferred, the requirements of § 189-8B continue to apply.
A.
The Village Board shall have the power to revoke or suspend any license
issued under this chapter on the grounds designated in § 125.12
of the Wisconsin Statutes, or for any other valid reason.
B.
The proceedings shall be commenced by a summons, signed by the Village
Clerk-Treasurer, directed to any peace officer commanding the licensee
to appear before the Village Board on a day certain and at a place
named in such summons, not less than 20 days from the date it is served
on the licensee, to show cause why his or her license or licenses
should not be revoked or suspended. The summons may be served on the
licensee personally or upon the person in charge of the premises.
A complaint signed by the Village President, stating the grounds for
the proposed revocation or suspension, shall be served at the same
time as the summons.
C.
If the licensee does not appear at the hearing, the complaint shall
be taken as true. If the licensee appears at the hearing and denies
the complaint, each party may produce witnesses and be heard by counsel.
If upon such hearing the Board shall find that any of the alleged
grounds stated in the complaint are more likely true than not true,
the license may be suspended for not less than 10 days nor more than
90 days, or be revoked. If the Board shall find the complaint to be
more likely untrue than true, the proceedings shall be dismissed without
cost to the accused. When a license is suspended or revoked, it shall
be so entered of record by the Village Clerk-Treasurer, and the Village
Clerk-Treasurer shall forthwith notify the Wisconsin Department of
Revenue of such suspension or revocation. No other license shall be
granted to such person within 12 months of the date of a license revocation
nor shall any part of the money paid for any license so suspended
or revoked be refunded.
D.
Any license granted but not issued or issued and not used due to
the premises not being open for business for a period in excess of
six months during a licensing year is presumed invalid. Upon allegation,
the Village Board may order a hearing to determine the validity of
such license by ordering the licensee to show cause why such license
should not be revoked.
In addition to all other provisions set forth in this article
and Chapter 125 of the Wisconsin Statutes, the following restrictions
on issuance of licenses shall apply:
A.
No license under this chapter shall be issued to any person acting
as agent for or in the employ of another.
B.
No retail Class "B" intoxicating liquor license shall be issued to
any person who does not have a retail Class "B" fermented malt beverage
license.
C.
No license for the sale of fermented malt beverages or intoxicating
liquor shall be issued for premises less than 300 feet from 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 boundary of such school, church or hospital to
the closest entrance to such premises.
D.
A license for the sale of fermented malt beverages and/or intoxicating
liquor shall be issued only for premises located in a commercial zone
that permits the sale of fermented malt beverage and/or intoxicating
liquor.
E.
No license shall be issued to any person until such person has obtained
a valid federal special tax stamp appropriate to his or her business
and has provided proof to the Village that he or she holds a Wisconsin
seller's permit.
F.
No license shall be granted to any entity when more than 50% of the
ownership of such entity, whether represented by stock or other beneficial
control, is held by any person or persons not themselves individually
eligible for a license under this article and/or Chapter 125 of the
Wisconsin Statutes.
G.
No license for the sale of fermented malt beverages or intoxicating
liquors shall be issued to any applicant for any premises until all
delinquent municipal taxes, assessment or other fees have been paid
by the applicant and/or title owner to the Village Clerk-Treasurer.
This applies to all municipal licenses, not just alcohol beverage
licenses.
[Amended 1-6-2015 by Ord.
No. 01-2015]
[Amended 1-6-2015 by Ord.
No. 01-2015; 3-17-2020 by Ord. No. 2020-05]
A.
The Clerk-Treasurer, or the Deputy Clerk in the Clerk-Treasurer's
absence, may issue a license known as an "operator's license,"
which shall be granted pursuant to the Village's discretion and
upon application in writing filed with the Village Clerk-Treasurer.
An operator's license may be issued only to natural persons who:
(1)
Do not have an arrest or conviction record, subject to §§ 111.321,
111.322 and 111.335, Wisconsin Statutes, which are incorporated by
reference herein, said statutes in part describing prohibited bases
of discrimination of age, race, creed, color, handicap, marital status,
sex, national origin, ancestry, arrest record or conviction record;
(2)
Have been a resident of this state continuously for at least 90 days
prior to the date of application;
(3)
Have attained the age of 18 years by the time of issuance;
(4)
Have not been a habitual law offender or convicted of a felony, unless
the person has been duly pardoned; and
(5)
Have completed a responsible beverage server training course. Persons
are exempt from the training course requirement if they renew an existing
operator's license.
B.
For all premises operating under a Class "A" and Class "B" license
for fermented malt beverages and "Class A" and "Class B" for intoxicating
liquor, a licensee, or some other person who has an operator's
license and is responsible for the acts of all persons serving any
fermented malt beverages or intoxicating liquor to customers, shall
be present at all times while such premises are open for business.
For purposes of this subsection, any member of the licensee's
immediate family who has attained the legal drinking age shall be
considered the holder of an operator's license. No person, including
underage members of the licensee's immediate family, other than
the licensee, may serve fermented malt beverages or intoxicating liquors
in any premises operated under a Class "A," Class "B," "Class A,"
or "Class B" unless he or she has an operator's license, or is
at least 18 years of age and is under the immediate supervision of
the licensee or a person holding an operator's license and who
is on the premises at the time of the service.
D.
The Clerk-Treasurer, or the Deputy Clerk in the Clerk-Treasurer's absence, may issue a temporary or provisional operator's license which shall be granted upon application in writing filed with the Village Clerk-Treasurer. A temporary or provisional operator's license may be issued only to natural persons who have applied for an operator's license under this section of the Code and who meet the requirements of Subsection A(1) through (5) of this section.
E.
A temporary or provisional operator's license may not be issued
to any person who has been denied a license under this article of
the Code by the Clerk-Treasurer, or the Deputy Clerk in the Clerk-Treasurer's
absence.
G.
A temporary operator's license may only be issued pursuant to
Chapter 125 of the Wisconsin Code, which includes issuance only to
operators employed by or donating their services to nonprofit corporations.
A temporary operator's license shall be valid for any period
from one day to 14 days.
H.
A provisional operator's licenses may only be issued pursuant
to Chapter 125 of the Wisconsin Statutes. A provisional operator's
license will expire 60 days after its issuance, or when an operator's
license under this section is issued to the holder, whichever is sooner.
I.
A temporary or provisional operator's license may be revoked
by the Clerk-Treasurer if the application of the license holder contains
any false statements. The Clerk-Treasurer may issue the temporary
or provisional license before receipt of the applicant's record
check but shall immediately revoke the temporary or provisional license
if the record check indicates the applicant has failed to meet any
of the requirements under this section of the article.
J.
Any violation of the terms of the article, or any of the laws of
the State of Wisconsin applicable to the sale of fermented malt beverages
and intoxicating liquors, by any person holding any type of operator's
license shall be cause for revocation of said license.
A.
Any person who, either personally or by his agents or employees, shall violate any of the provisions of the Village Code or Chapter 125 of the Wisconsin Statutes shall, upon conviction thereof, be subject to the penalties provided in § 1-3.
[Amended 1-6-2015 by Ord.
No. 01-2015]
B.
Upon conviction of a violation of the provisions of this article or any of the laws of the State of Wisconsin applicable to the sale of fermented malt beverages or intoxicating liquors, the license authorizing such sales shall be subject to revocation by the court which tries the violation or as provided by § 189-14. In the event of a conviction for a second offense during any one license year for a violation of this article or Chapter 125 of the Wisconsin Statutes, any license which may have been issued by the Village shall, without notice, be forthwith forfeited by the licensee.
C.
Upon conviction of a violation pursuant to this section, any penalty
shall be assessed against the premises' real estate as special taxes.
This article of the Code shall not be construed as prohibiting,
limiting, or restricting the Village Board from granting any other
type or class of fermented malt beverage or intoxicating liquor license
which it is, or may be, authorized to grant by the laws of the State
of Wisconsin.
Hour restrictions shall be as provided in §§ 125.32(3)
and 125.68(4), Wis. Stats.
No person, firm or entity which holds, or is acting for or on
behalf of the holder of, a retail Class "A," Class "B," "Class A,"
or "Class B" license shall:
A.
Sell, offer for sale, or display for sale, any fermented malt beverages
and/or intoxicating liquor in a common area from which such person,
firm, entity or corporation shall sell, offer for sale, or display
for sale, any goods, products, things or services which are not immediately
and directly related to the serving or consumption of any fermented
malt beverage or intoxicating liquor.
B.
Allow or permit a person who is not of sufficient age to lawfully
purchase a fermented malt beverage and/or intoxicating liquor, to
enter and/or remain in an area where a fermented malt beverage and/or
intoxicating liquor is sold, offered for sale or displayed for sale,
unless such person is accompanied by an adult parent or legal guardian.
C.
Allow or permit a person to purchase a fermented malt beverage or
an intoxicating liquor if that person is not of sufficient age to
lawfully make such purchase.
D.
Allow or permit a person who has purchased any goods, product or
thing in an area where fermented malt beverages and/or intoxicating
liquors are sold, offered for sale or displayed for sale, to exit
such area without first paying for the same and having all such goods,
products and things (except for fermented malt beverages) in a bag,
carton or other container furnished by the seller and which is separate
from any container furnished by the manufacturer or distributor.
[Adopted as § 125.0 of the 2000 Code]
Except as otherwise specifically provided in this article, all
provisions of Chapter 125 of the Wisconsin Statutes, as the same may
hereafter be amended from time to time, including but not limited
to those provisions describing and defining regulations with respect
to underage and intoxicated persons, their presence on licensed premises,
possession and proof of age, are hereby adopted and by reference made
a part of this article as if fully set forth therein. Any act required
to be performed or which is prohibited by Chapter 125 of the Wisconsin
Statutes is required or prohibited by this article. The penalty for
violation of any provision of this article shall be imposed as provided
in Chapter 125 of the Wisconsin Statutes, with the exception that
imprisonment shall not be ordered.
