As used in this article, the following terms shall have the
meanings indicated:
ALCOHOL BEVERAGES
Fermented malt beverages and intoxicating liquor. [§ 125.02(1),
Wis. Stats.]
CIDER
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.]
COMMON AREA
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.
FERMENTED MALT BEVERAGES
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.
INTOXICATING LIQUOR
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.]
PEACE OFFICER
Includes sheriffs, undersheriffs, deputy sheriffs, law enforcement
officers, constables, and any duly authorized employee of the Wisconsin
Department of Revenue.
WINE
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.
[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.
[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).
(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.
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.]
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.
[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.
(5) The fee for an operator's license shall be as outlined in Chapter
225, Fees and Charges.
B. The Clerk-Treasurer must issue a provisional operator's license to applicants who have applied for an operator's license under Subsection
A of this section and who meet the requirements of Subsection
A(1) through
(4).
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.
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.