[Prior code § 12.03(1)]
The provisions of Chapter 125, Wis. Stats., relating to the
sale of intoxicating liquor and fermented malt beverages, exclusive
of any provisions relating to the penalty to be imposed or the punishment
for violation of such statutes, are adopted and made a part of this
chapter by reference. A violation of any such provision shall constitute
a violation of this chapter.
[Prior code § 12.03(2)]
The Village may grant or issue licenses for the sale of alcohol
beverages subject to limitations and restrictions imposed by law as
follows:
A. Fermented malt beverage wholesalers [Section 125.28(1)(a), (b), (c),
and (d), Wis. Stats.] may sell fermented malt beverages (beer) only
in original packages to retailers or wholesalers.
B. Class A retailers [Section 125.25(1), (2), (3), and (4), Wis. Stats.]
may sell beer to consumers in any quantity in original packages for
off-premises consumption only.
C. Class "B" retailers [Section 125.26(1), (2), (3), (4), and (5), Wis.
Stats.] may sell beer to consumers for on-premises or off-premise
consumption.
D. Temporary Class "B" retailers [Section 125.26(6), Wis. Stats.] may
sell beer to consumers at a picnic or similar gathering of limited
duration. Such licenses may only be issued to bona fide clubs, lodges,
societies, and churches which have been in existence for at least
six months, or to veteran organizations and fair associations.
E. Temporary "Class B" retailers [Section 125.51(10), Wis. Stats.] may
sell wine coolers to consumers at a picnic or similar gathering of
limited duration. Such licenses may only be issued to bona fide clubs,
lodges, societies, and churches which have been in existence for at
least six months, or to veteran's organizations and fair associations.
F. "Class A" retailers [Section 125.51(2)(a), (b), (c), and (d), Wis.
Stats.] may sell intoxicating liquor to consumers only in original
packages for off-premises consumption.
G. "Class B" retailers [Section 125.51(3)(a), (c), (d), (e) and (f),
Wis. Stats.] may sell intoxicating liquor to consumers for on-premises
consumption.
H. "Class C" retailers [Section 125.51(3m), Wis. Stats.] may sell wine
by the glass or in an opened original container for consumption on
the premises where sold.
I. Provisional retail licenses [Section 125.185, Wis. Stats.) may be
issued only to persons applying for Class "A" beer, Class "B" beer,
"Class A" liquor, "Class B" liquor, or "Class C" wine authorizing
only the activities allowed under that type of license.
1. A provisional license expires 60 days after issuance or when the
person is issued a retail license. The license may be revoked by the
municipal official if he or she discovers the holder made false statements
in the application.
2. A provisional "Class B" license may not be issued if the quota prohibits
the issuance of such a license.
3. No person may hold more than one provisional retail license for each
type of license applied for per year.
J. Combination Class "A" and "Class A" licenses are issued for the sale
of both beer and liquor for off-premises consumption and are subject
to limitations and restrictions imposed by law for both types of licenses.
K. Combination Class "B" and "Class B" licenses are issued for the sale
of both beer and liquor for on-premises consumption and the sale of
beer for off-premises consumption. This license is subject to limitations
and restrictions imposed by law for both types of licenses.
[Prior code § 12.03(4); amended 11-15-2010 by Ord. No.
266; 2-21-2011 by Ord. No. 269]
License fees shall be set from time to time by resolution of
the Village Board.
[Prior code § 12.03(6); amended 11-15-2010 by Ord. No.
266]
[Ord. 214, 2002; prior code § 12.03(7)]
A. Full Fee to be Charged. "Class B" retailers [Section 125.51(3)(a),
(c), (d), (e) and (f), Wis. Stats.) may sell intoxicating liquor to
consumers for on-premises consumption with exceptions to imposing
full license fees for licenses less than one year [Section 125.25(4)
and 125.26(4), Wis. Stats.]
B. Form and Expiration of License. All licenses shall be numbered in
the order in which they are issued and shall state clearly the specific
premises for which granted, the date of issuance, the fee paid and
the name of the licensee, and, unless sooner revoked, shall expire
on June 30th thereafter, except as provided in Chapter 125, Wis. Stats.
The Village Clerk shall affix his or her affidavit as required by
Section 125.04, Wis. Stats.
[Prior code § 12.03(8)]
Licenses may be transferred from one location to another by
approval of the Village Board no more than once in a license year
for $10 as provided in Section 125.04(12)(a), Wis. Stats. Licenses
or permits may be transferred from person to person by approval of
the Village Board as provided in Section 125.04(12)(b), Wis. Stats.
Application for such transfers shall be made by filing a Form AT-108
or AT-112 with the Village Clerk. Proceedings for transfer shall be
had in the same manner and form as the original application.
[Prior code § 12.03(9); amended 11-15-2010 by Ord. No.
266]
Every license issued to an establishment under this section
shall be posted and at all times displayed as provided in Wis. Stats.
Section 125.04(10). 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.
[Prior code § 12.03(12)]
The Village may decide not to issue a new alcohol beverage license
for reasons, including, but not necessarily limited to, the following:
(1) adverse impact on traffic; (2) adverse impact on the peace, quiet,
and cleanliness of the neighborhood where the establishment is located;
(3) insufficient parking for patrons; (4) proximity to other licensed
establishments, residential areas, schools, churches, or hospitals;
(5) ability or inability of the police to provide law enforcement
services to the new establishment and the impact of the new establishment
on the ability of the police to provide law enforcement services to
the balance of the community at all times.
[Added 11-15-2010 by Ord. No. 266]
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 to the Village.
In the event a premises or person is delinquent in payment of such
claims to the Village at times other than initial granting or renewal
of a license, the governing body may, in its discretion, suspend or
revoke said license(s). "Delinquent," for the purposes of this section,
shall mean the claim remains unpaid for 30 days after it became due.
Being delinquent hereunder shall be grounds for suspension or revocation
of a liquor license under Section 125.12(2) of the Wisconsin Statutes.
[Added 1-21-2013 by Ord. No. 281]
Forfeitures for violations of Sections 125.07(1) — (5), 125.085 and 125.09(2) of the Wisconsin Statutes, adopted by reference in Section
5.08.010 of the Code of Ordinances of the Village of Darien, 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. Nothing herein shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the Wisconsin Statutes.