[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
As used in this article, the following terms shall have the
meanings indicated:
Fermented malt beverages and intoxicating liquor. [§ 125.02(1),
Wis. Stats.]
In connection with a "Class A" cider license, any alcohol
beverage obtained from fermentation of apple or pear juice that contains
not less than 0.5% alcohol by volume and not more than 7.0% alcohol
by volume, and includes flavored, sparkling and carbonated cider.
[§ 125.51(2)(e)1, Wis. Stats.]
Any area within any building or other structure in which
the area for the sale, offer for sale, or display for sale of any
intoxicating liquor is not separated from the area for the sale, offer
for sale, or display for sale of any non-related good, 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 beverage made by the alcohol 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
0.5% or more alcohol by volume. [§ 125.02(6), Wis. Stats.]
Although fermented malt beverage licenses are commonly referred to
as "beer" licenses, fermented malt beverages also include other beverages
(e.g., wine coolers) that have a fermented malt beverage base.
All ardent, spiritous, distilled, or vinous liquors, liquids,
or compounds, whether medicated, proprietary, patented, or not, and
by whatever name called, containing 0.5% or more of alcohol by volume,
which are beverages, but does not include fermented malt beverages.
[§ 125.02(8), Wis. Stats.]
Includes sheriffs, undersheriffs, deputy sheriffs, law enforcement
officers, constables, and any duly authorized employee of the Wisconsin
Department of Revenue.[1]
Products obtained from the normal alcohol fermentation of
the juice or must of sound, ripe grapes, other fruits or other agricultural
products, imitation wine, compounds sold as wine, vermouth, cider,
perry (made from pears), mead (made from fermented honey and water)
and sake, if such products contain not less than 0.5% nor more than
21% of alcohol by volume. [§ 125.02(22), Wis. Stats.] Wine
is classified as liquor in Wisconsin.
[1]
Editor's Note: The former definition of "reserve retail 'Class
B' license," which immediately followed this definition, was repealed 12-15-2020 by Ord. No.
2020-10.
[Amended 12-15-2020 by Ord. No. 2020-10]
A license is required whenever there is a direct or indirect
charge for alcohol and/or when alcohol beverages are consumed in a
public place.
A.
Class "A" licensees may sell fermented malt beverages to consumers
in original packages or containers for off-premises consumption and
may also provide up to two free taste samples of not more than three
fluid ounces not in the original package or container to customers
and visitors of legal drinking age for on-premises consumption between
the hours of 11:00 a.m. and 7:00 p.m. (§ 125.25, Wis. Stats.)
B.
Class "B" licensees may sell beer to consumers for on-premises or
off-premises consumption. [§ 125.26(1), Wis. Stats.] A Class
"B" license issued to a person operating a hotel authorizes that person
to furnish a registered guest who has attained the legal drinking
age with a selection of beer in the guest's room which is not part
of the Class "B" premises. [§ 125.26(2m), Wis. Stats.]
C.
Temporary Class "B" picnic beer licensees may sell fermented malt
beverages to consumers at a picnic or similar gathering of limited
duration. Such licenses may be issued only to bona fide clubs and
chambers of commerce, to county or local fair associations or agricultural
societies, to churches, lodges or societies that have been in existence
for at least six months, and to veterans' organizations. [§ 125.26(6),
Wis. Stats.]
[Amended 12-15-2020 by Ord. No. 2020-10]
D.
"Class A" cider licensees may sell cider, as defined in § 125.51(2)(e)1,
Wis. Stats., for consumption off premises and may not offer samples
of intoxicating liquor. [§ 125.51(2)(e), Wis. Stats.]
E.
"Class A" licensees may sell intoxicating liquor to consumers only
in original packages or containers for off-premises consumption. [§ 125.51(2),
Wis. Stats.] Although it is not authorized by the "Class A" license
itself, "Class A" licensees may provide customers and visitors of
legal drinking age no more than two free wine taste samples per person
of not more than three fluid ounces each for consumption on the premises
between the hours of 11:00 a.m. and 7:00 p.m. [§ 125.06(13),
Wis. Stats.] Between 11:00 a.m. and 7:00 p.m., "Class A" licensees
can also provide persons of legal drinking age no more than one taste
sample not exceeding 0.5 fluid ounce of intoxicating liquor other
than wine for consumption on the premises.
F.
"Class B" licensees may sell intoxicating liquor to consumers by
the glass for on-premises consumption, and may sell wine in original
bottles or containers for consumption off the premises [§ 125.51(3)(a),
Wis. Stats.]. If the municipality enacts an ordinance under § 125.51(3)(b),
Wis. Stats., sales of intoxicating liquor (including wine) may be
sold in original packages or containers in any quantity for consumption
off the premises where sold. A restaurant with a "Class B" license
can sell one opened bottle of wine in the original container for consumption
on the premises. A previously opened bottle of wine sold with food
at a restaurant can only be taken from the restaurant if in compliance
with § 125.51(3r), Wis. Stats. A "Class B" license issued
to a person operating a hotel authorizes that person to furnish a
registered guest who has attained the legal drinking age with a selection
of intoxicating liquor in the guest's room which is not part of the
"Class B" premises. [§ 125.51(3)(bm), Wis. Stats.]
[Amended 12-15-2020 by Ord. No. 2020-10]
G.
A "Class B" winery license authorizes the sale of wine to be consumed
by the glass or in open containers on the premises and also authorizes
the sale of wine in the original package or container to be consumed
off the premises, but does not authorize the sale of fermented malt
beverages or any intoxicating liquor other than wine. A "Class B"
license issued to a winery does not count against a municipality's
quota. A municipality cannot issue a "Class B" winery license unless
the winery has been issued a permit by the Department of Revenue under
§ 125.53, Wis. Stats. [§ 125.51(3)(am), Wis. Stats.]
H.
Reserve "Class B" licenses authorize the same sales as non-reserve
"Class B" licenses but carry an additional initial issuance fee and
are not eligible for transfer to another premises.
I.
Temporary "Class B" (picnic) wine licensees may sell wine at a picnic,
meeting, or similar gathering of limited duration. Such licenses may
be issued only to bona fide clubs and chambers of commerce, to county
or local fair associations or agricultural societies, to churches,
lodges or societies that have been in existence for at least six months,
and to posts of veterans' organizations. [§ 125.51(10),
Wis. Stats.]
J.
"Class C" wine licensees may sell wine by the glass or in an opened
original container for consumption on the premises where sold. The
open container may be taken for consumption off the premises only
if in compliance with § 125.51(3r), Wis. Stats. "Class C"
wine licensees may be granted to an applicant only if: 1) the applicant
meets the qualifications set out in § 125.04(5), Wis. Stats.,
for other retail licensees; 2) the license is for a restaurant [See
§ 125.02(18), Wis. Stats.] in which the sale of alcohol
beverages accounts for less than 50% of gross receipts; and 3) wine
is the only intoxicating liquor sold in the barroom. [§ 125.51(3m),
Wis. Stats.]
[Amended 12-15-2020 by Ord. No. 2020-10]
K.
Provisional retail licenses may be issued to persons who have applied
for a Class "A," Class "B," "Class A," "Class B" or "Class C" license
and authorizes only the activities that the type of retail license
applied for authorizes. A provisional retail license expires 60 days
after its issuance or when the Class "A," Class "B," "Class A," "Class
B" or "Class C" license is issued to the holder, whichever is sooner.
[§ 125.185, Wis. Stats.] No person may hold more than one
provisional retail license for each type of license applied for by
the holder per year. [§ 125.185(6), Wis. Stats.]
[Amended 12-15-2020 by Ord. No. 2020-10]
See Chapter 225, Fees and Charges.
A.
The number of licenses the Village Board may grant for any license
year is restricted as follows:
[Amended 12-15-2020 by Ord. No. 2020-10]
(1)
Class "A" fermented malt beverage licenses: unlimited.
(2)
Class "B" fermented malt beverage licenses: unlimited.
(3)
"Class A" intoxicating liquor licenses: unlimited.
(4)
"Class B" intoxicating liquor licenses: (state quota - 14).
(5)
"Class A" cider licenses: unlimited.
(6)
"Class B" winery licenses: unlimited.
(7)
Reserve "Class B" intoxicating liquor licenses: (state quota - 9).
(8)
"Class C" wine licenses: unlimited.
B.
For the purposes of this section, any combination license granted
by the Village Board shall be counted as one license for each class
of license included in the combination license.
[Amended 12-15-2020 by Ord. No. 2020-10]
The application for an original license or a renewal license
to sell fermented malt beverages or intoxicating liquors shall be
completed in writing on a form provided by the Wisconsin Department
of Revenue and sworn to by the applicant. The application shall be
filed with the Village Clerk-Treasurer and be accompanied by the cost
of publication of notice of such application as provided by § 125.04,
Wis. Stats. All applications for licenses to sell alcohol beverages
must be filed 15 days prior to the granting of the license. [§ 125.04(3)(f)1,
Wis. Stats.]
[Amended 12-15-2020 by Ord. No. 2020-10]
A.
Individuals,
all partners (including limited partners), the officers, directors,
and agents of corporations, the members, managers and agents of limited-liability
companies and the officers, directors and agents of nonprofit organizations
must be of legal drinking age, except that a person may obtain an
operator’s license if he or she is at least 18.
B.
Individuals,
all partners (including limited partners), the officers, directors,
and agents of corporations, the members, managers and agents of limited-liability
companies and the officers, directors and agents of nonprofit organizations:
(1)
May
not have an arrest or conviction record (subject to the Wisconsin
Fair Employment Act[1]).
(a)
May not be a "habitual law offender." [§ 125.04(5)(b),
Wis. Stats.]
(b)
May not have been convicted of a felony which substantially relates
to the alcohol beverage licensing activity unless duly pardoned.
[1]
Editor's Note: See § 111.31, Wis. Stats., et seq.
C.
All applicants
for retail licenses must provide proof that they are in good standing
for sales tax purposes (hold a seller's permit). [§ 125.04(5)(a)4,
Wis. Stats.]
D.
Individuals,
all natural persons in a partnership and the agents of corporations
and limited-liability companies are subject to the ninety-day continuous
residency requirement in this state prior to the date of application.
E.
Individuals,
partners and agents of corporations and limited-liability companies
must have successfully completed a DOR-approved responsible beverage
server training course unless:
(1)
They
are renewing a license; or
(2)
Within
the past two years held a manager's or operator's license or held
or was agent of a corporation or limited-liability company that held
a Class "A" beer, Class "B" beer, "Class A" liquor, "Class B" liquor,
or "Class C" wine license; or
(3)
Within
the past two years the person successfully completed such a training
course.
[Amended 12-15-2020 by Ord. No. 2020-10]
All applications for a permanent retail license filed with the
Village Clerk-Treasurer on or before April 15 must be granted or denied
no later than June 15. This does not prevent applications from being
filed at any other time and approved by the governing body. [§ 125.51(1)(c),
Wis. Stats.]
A.
Inspection of application and premises for a permanent retail license. The Village Clerk-Treasurer shall notify the Directed Enforcement Officer, Fire Chief and the Building Inspector of all license applications. The Building Inspector and Fire Chief shall inspect each application and premises to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto and the applicant's fitness for the trust to be imposed. (Note: All outdoor fences and/or gates that are used to cordon off an exterior patio area of a bar/restaurant and will be located in the path of egress must meet all current building and fire code egress/exit path requirements.) The Fire Chief and Building Inspector shall furnish to the Village Clerk-Treasurer, in writing, the information derived from such investigation. The Directed Enforcement Officer shall furnish a report to the Village Board concerning any law violations relating to the application and premises, including but not limited to Article II, Underage and Intoxicated Persons, of this chapter and other Wisconsin Statutes. No license provided for in this article shall be issued without the approval of the Village Board. The provisions of Ch. 125, Wis. Stats., and this article shall apply to the approval and/or nonrenewal of licenses subject to this article.
[Amended 12-15-2020 by Ord. No. 2020-10]
B.
Search of licensed premises. It shall be a condition of any license
issued hereunder that the licensed premises may be entered and inspected
at any reasonable hour by any building inspector, fire inspector or
other authorized officer of the Village without any warrant, and the
application for a license hereunder shall be deemed consent to this
provision. Any refusal to permit such inspection shall be deemed a
violation of this article.
[Amended 12-15-2020 by Ord. No. 2020-10]
C.
Approval. 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 full force until July 1 next after the
granting thereof, unless sooner revoked or suspended.
D.
Applications for temporary Class B (picnic) beer and wine licenses
must be on file with the Clerk-Treasurer for three business days.
The Clerk-Treasurer then has authority to issue a license for reoccurring
events. New applicants require Village Board approval.
[Added 12-15-2020 by Ord. No. 2020-10]
Licenses for the sale of alcohol beverages shall be enclosed
in a frame having a transparent front which allows the license to
be clearly read and shall be conspicuously displayed for public inspection
at all times in the room or place where the activity subject to licensure
is carried on.
[Amended 12-15-2020 by Ord. No. 2020-10]
An alcohol beverage license may be transferred to another place or premises from place to place within the municipality subject to completion of application (Form AT-112), approval of the governing body and upon payment of a fee as provided in Chapter 225, Fees and Charges, to the issuing authority.
[Amended 12-15-2020 by Ord. No. 2020-10; 3-21-2023 by Ord. No. 2023-01]
A.
A license
may be suspended or revoked by a municipal governing body only if
the procedure in § 125.12(2), Wis. Stats., is followed.
B.
Grounds for Cancellation for nonuse of license. Any Class A or Class B fermented malt and/or intoxicating liquor licenses granted under this chapter for which the subject premises a) is not open for business within 60 days of granting of such license; or b) is not open for business for a period of 60 consecutive days or more; or c) is not open for business at least 50% of the days within any 365-consecutive-day period, either within a licensing year or overlapping two licensing years, may be canceled unless, after notice and hearing as provided in Subsection C hereof, the Board may determine that good cause exists for failure of the licensee to be open for business for periods in excess of the minimums set forth in this subsection. If such cause is found to exist, the Board may set such terms as it deems appropriate to the continuation of the license with respect to minimum days of operation or a time frame within which the subject premises must open for business to avoid cancellation of the subject license(s).
C.
Notice and hearing. Prior to cancellation of any license, the Village
Clerk shall notify the licensee in writing of the Village's intention
to cancel the license for nonuse and provide the licensee with an
opportunity for a hearing. Such notice shall also specify the time,
place and date of the hearing, which shall be not less than 15 days
after the date of the notice. Such hearing shall be conducted as provided
in accordance with § 125.12(2)(b), Wis. Stats., any amendments
thereto.
A.
No license under this article 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 or intoxicating
liquor shall be issued only for premises located in a commercial or
light industrial district.
E.
No license shall be issued to any person until such person has obtained
a valid federal special tax stamp appropriate to his business and
provided proof to the Village that he holds a Wisconsin seller's permit.
F.
No license shall be granted to any corporation when more than 50%
of the ownership of such corporation, 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.
G.
No license for the sale of fermented malt beverages or intoxicating
liquors shall be issued until all delinquent municipal taxes, assessments
or other fees have been paid by the applicant to the Allouez Clerk-Treasurer.
This applies to all municipal licenses, not just alcohol beverage
licenses.
[Amended 12-15-2020 by Ord. No. 2020-10]
A.
The Village Clerk must issue an "operator's license" to any applicant
who is qualified under state law. An operator's license may be issued
only if:
(1)
The applicant is at least 18 by the time of issuance.
(2)
Subject to Wisconsin's Fair Employment Law, Ch. 111, Wis. Stats.,
the applicant has not been convicted of a felony or be a "habitual
law offender."
(3)
The applicant has completed a responsible beverage server training
course. Applicants are exempted from the training course requirement
if they are renewing an existing operator's license, have completed
the training course within the last two years, or have held a retail
license or manager's or operator's license anywhere in the state within
the last two years.
(4)
The application must be in writing.
C.
A provisional license may not be issued to any person who has been denied a license under Subsection A by the Village Board.
D.
The fee for a provisional operator's license shall be as outlined in Chapter 225, Fees and Charges.
E.
A provisional operator's licenses will expire 60 days after its issuance or when a license under Subsection A is issued to the holder, whichever is sooner.
F.
A 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 license before receipt of the applicant's record check but shall immediately revoke the license if the record check indicates the applicant has failed to meet any of the requirements under Subsection A.
G.
The Clerk-Treasurer, or the Deputy Clerk in the Clerk-Treasurer's absence, may issue a temporary operator's license for temporary (picnic) events. The fee for a temporary operator's license shall be as outlined in Chapter 225, Fees and Charges.
H.
Any violation of the terms of this 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 an 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 this article shall, upon conviction
thereof, be punished as follows:
(1)
If for selling intoxicating liquor without a license, by a forfeiture
of not less than $25 nor more than $1,000 plus the costs of prosecution,
and in the event of the failure to pay such forfeiture, such person
shall be imprisoned in the county jail for a period not to exceed
90 days.
(2)
If for a violation of any other provision of this article, by a forfeiture
of not more than $1,000.
B.
Any license issued under this article shall, upon conviction of the licensee 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, be subject to revocation by the court which tries the violation or as provided by § 145-12. In the event of a conviction for a second offense during any one license year for a violation of this article or Ch. 125, Wis. Stats., any license which may have been issued by the Village shall, without notice, be forthwith forfeited by the licensee.
C.
Any person who violates a provision of Ch. 125, Wis. Stats., for
which a penalty is not specified shall be subject to § 125.11,
Wis. Stats.
This article 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.
A.
No licensee of a retail Class "A" fermented malt beverage licensed
premises shall remain open for the sale of fermented malt beverages
between 10:00 p.m. and 8:00 a.m.
B.
No licensee of a Class "B" fermented malt beverage licensed premises
shall remain open between the hours of 2:00 a.m. and 6:00 a.m. on
weekdays and between 2:30 a.m. and 6:00 a.m. on Saturdays and Sundays,
except that said premises may remain open on January 1.
C.
No licensee of a retail "Class A" liquor licensed premises shall
remain open for the sale of intoxicating liquors between 9:00 p.m.
and 8:00 a.m.
A.
No person, firm or corporation which holds, or is acting for or on
behalf of the holder of, a Class A, Class B or Class C license shall:
(1)
Allow
or permit a person who is not of legal drinking age to lawfully purchase
an intoxicating liquor to enter and/or remain in an area where an
intoxicating liquor is sold, offered for sale or displayed for sale,
unless such person is accompanied by an adult parent or legal guardian.
(2)
Allow
or permit a person to purchase a fermented malt beverage or an intoxicating
liquor if that person is not of legal drinking age to lawfully make
such purchase.
(3)
Allow
or permit a person who has purchased any good, product or thing in
an area where 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.
B.
In the interest of limiting juvenile access to alcohol beverages
at retail establishments, and in the interest of promoting effective,
unhampered, and efficient enforcement of such provisions as they relate
to juveniles, no "Class A" (liquor) license shall be granted for any
premises where the principal business conducted thereon is other than
the sale of alcohol beverages unless the establishment has:
C.
Intoxicating liquors (wine excluded) sold at a gas station will be
kept in an area locked off from the public at all times.
