The provisions of Ch. 125, Wis. Stats., relating to the sale of intoxicating liquors and fermented malt beverages, except §§ 125.04(5) and (11), 125.09(6), 125.14(2) and (3), 125.56(2), 125.61, 125.62, 125.66(3), 125.68(12), and 125.69(1)(b), (3), (5) and (7), exclusive of any provisions thereof relating to the penalty to be imposed or the punishment for violation of said statutes, are hereby adopted and made a part of this article by reference. Any future amendments, revisions or modifications of state statutes incorporated herein are intended to be made part of this article.
[Adopted 2-15-2011 (Secs. 10.01 and 10.02 of the former Municipal Code)]
A.
When required. No person, except as provided by § 120-1 of this article, shall distribute, vend, sell, offer, or keep for sale at retail or wholesale, deal or traffic in, or, for the purpose of evading any law or ordinance, give away any intoxicating liquor and fermented malt beverage or cause the same to be done without having procured a license or permit as provided in this article and all statutes, ordinances and regulations of the state and Village applicable thereto.
B.
Separate license required for each place of sale. A separate license shall be required for each premises where intoxicating liquor and fermented malt beverages are kept, sold, or offered for sale, and no license shall be issued to any person for the purpose of possessing, selling, or offering for sale any intoxicating liquor or fermented malt beverage in any dwelling house, flat or residential apartment.
[Added 10-18-2013; amended 6-20-2017 by Ord. No. 2017-03; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
There shall be the following classes and denominations of license which, when issued by the Village Clerk-Treasurer under the authority of the Village Board after payment of the fee set by the Village Board, shall permit the holder to sell, deal or traffic in intoxicating liquor and fermented malt beverages as provided in Ch. 125, Wis. Stats.:
B.
Class "A" fermented malt beverage retailer's license.
C.
Class "B" fermented malt beverage retailer's license.
D.
"Class B" intoxicating liquor retailer's license.
E.
"Class A" intoxicating liquor retailer's license.
F.
"Class C" wine license.
G.
Operator's license.
H.
Provisional retail and operator's license.
Licenses may be granted which shall expire on June 30 next following, upon payment of such proportion of the annual license fee as the number of months or fraction of the month remaining bears to 12. Licenses may also be issued at any time for a period of six months in any calendar year for which 1/2 of the annual license fee shall be paid. Such six-month license shall not be renewable during the calendar year in which issued.
License fees required under this article shall be deposited with the Village Clerk-Treasurer at the time of application and shall be refunded to the applicant if the application is denied.
Application for a license issued under Ch. 125, Wis. Stats., shall be made as required in § 125.04, Wis. Stats. Each application shall be accompanied by the cost of publication required under § 125.04(3), Wis. Stats. Opportunity shall be given by the Village Board to any person to be heard for or against the granting of any license. Upon the approval of the application by the Village Board, the Village Clerk-Treasurer shall issue the applicant a license. Each license shall be numbered in the order in which issued and shall specifically state the premises for which issued, the date of issuance, the fee paid, and the name of the licensee. Except as provided in § 120-4, all licenses shall remain in force until July 1 next after the granting thereof unless sooner revoked in the manner provided herein. No license shall be transferable, either as to licensee or location, except as provided by § 125.04, Wis. Stats., except that the Village Board may authorize a transfer of location if the licensed premises shall become unsuitable for occupancy.
In addition to the requirements imposed by provisions of the Wisconsin Statutes adopted by reference in § 120-1 of this article, the following restrictions shall apply to the issuance of licenses or permits pursuant to this article:
A.
Requirements for licenses. A license or permit shall be issued to any person who has attained the legal drinking age, except that an operator's license may be issued to a person 18 years of age or over, is of good moral character, and has been a resident of the state continuously for 90 days prior to application. This subsection shall not apply to Wisconsin corporations but shall apply to all officers and directors of any such corporation. No more than two Class "A" or "B" licenses shall be issued in the Village to any one person, and in each application the applicant shall state that he has not applied for another such license within this Village.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
Location. No retail "Class A" or "Class B" intoxicating liquor license shall be issued for premises less than 300 feet from an established public school, parochial school, hospital, or church, except those premises licensed on June 30, 1969.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
Effect of revocation of license. No license shall be issued for any premises if a license covering such premises has been revoked within six months prior to application. No license shall be issued to any person who has had a license issued pursuant to this article revoked within 12 months prior to application.
D.
Inspection of application and premises. The Village Clerk-Treasurer shall notify the County Health Inspector, Chief of Police, Fire Chief, and Building Inspector of all license and permit applications, and these officials shall inspect or cause to be inspected such 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. These officials shall furnish to the Village Board in writing the information derived from such investigation. No license or permit provided for in this article shall be issued without the approval of the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E.
Health and sanitation. No license shall be issued for any premises which does not conform to the sanitary, safety, and health requirements of the Department of Safety and Professional Services, the Department of Agriculture, Trade and Consumer Protection and the Department of Health Services and to all such ordinances and regulations adopted by the Village. Social and sportsmen's organizations and clubs must be connected to the Village's sewer and water systems to be issued a license.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
F.
Unobstructed view required. All windows of any licensed premises shall be of clear glass and the premises shall be so arranged as to furnish a clear view of the entire premises from the sidewalk. There shall be no partitions, box stalls, screens, curtains, plants, advertising placards, or other devices which shall obstruct the view of said premises from the general observation of persons passing, provided that booths not higher than 48 inches from the floor shall not be construed as in conflict with the foregoing provisions, and provided, further, that retail Class "B" licenses shall permit the holder to serve such beverages in a separate room at banquets and dinners. All blinds, curtains, or other obstructions to a clear view of the inside of all premises shall be open and drawn aside during the hours the premises are required to be closed.
G.
Street level. Except in the sole discretion of the Village Board, Class "B" licenses will not be issued for premises below the street level, but this shall not prohibit service by hotels or clubs to bona fide guests or members.
H.
Employee age limit. No retail Class "B" licensee shall employ any person under 18 years of age, but this shall not apply to hotels, restaurants, or combination grocery stores and taverns where 20% or less of the gross revenue is derived from the sale of fermented malt beverages or intoxicating liquors. This shall not apply to nightclubs.
I.
Restrictions on clubs. No club shall sell fermented malt beverages or intoxicating liquors except to members and guests invited by members.
J.
Sale not on credit or trade in. No retail Class "A" or "B" licensee shall sell or offer to sell any fermented malt beverage or intoxicating liquor to any person on credit, excepting credit extended by a hotel or club to a resident guest or bona fide member and by grocers and druggists who maintain a credit system in connection with other purchases as well. No licensee shall sell fermented malt beverages or intoxicating liquor to any person on a passbook or store order or receive from any person any goods, wares, merchandise, or other articles in exchange for fermented malt beverages or intoxicating liquor.
K.
No disorder or indecency allowed. 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.
L.
Gambling, dice and slot machines prohibited. No gambling or game of chance shall be permitted upon the licensed premises. Slot machines or other devices of chance are prohibited and shall not be kept upon the 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 police officer of the Village without any warrant, and the application for a license hereunder shall be deemed as consent to this provision. Any refusal to permit such inspection shall automatically result in a revocation of any license issued hereunder and shall be deemed a violation of this article.
A license or permit issued under this article shall be posted and displayed as provided in § 125.04(10), Wis. Stats., and any licensee or permittee who shall fail to post a license or permit as herein required shall be presumed to be operating without a license.
A.
Procedure. Except as hereinafter provided, the provisions of § 125.12(2), Wis. Stats., shall be applicable to proceedings for the revocation or suspension of all licenses or permits granted under this article. The Village Board upon its own motion may institute revocation or suspension proceedings by adoption of a resolution.
B.
Suspension of licenses. The President or the Chief of Police, upon obtaining reasonable information that any licensee has violated any provision of this article or any state or federal liquor or fermented malt beverage law or committed any felony, may suspend the license or permit of such person for a period not to exceed 10 days pending hearing by the Village Board pursuant to Subsection A.
C.
Automatic revocation. Any license or permit issued under the provisions of this article shall stand revoked without further proceedings upon the conviction of a licensee or permittee or his employee, agent or representative of a second offense under this article or Ch. 125 or 139, Wis. Stats., or any felony.
D.
Revocation for nonuse. Any license or permit issued hereunder may be revoked if not used within 30 days after issuance or if its use is discontinued for 30 days or more.
E.
Repossession of license or permit. If any license or permit issued under this article shall be revoked or suspended by the Village Board, President, Chief of Police, or action of any court or Subsection C, it shall be the duty of the Village Clerk-Treasurer to notify the licensee or permittee of such suspension or revocation and to notify the Chief of Police, who shall take physical possession of the license or permit wherever if may be found and file it in the Clerk-Treasurer's office.
[Added 10-18-2013; amended 11-5-2013; 6-20-2017 by Ord. No. 2017-03]
A.
Authority to issue. Pursuant to §§ 125.17(5) and 125.185, Wis. Stats., the Village Clerk-Treasurer is hereby authorized to issue provisional retail and operator's licenses as provided for in those statutes. A provisional license shall not be issued by the Village Clerk-Treasurer until the Clerk-Treasurer has received the recommendation of the Police Department following a records check of the applicant, and the Clerk-Treasurer may not issue a provisional license to any applicant if the Police Department recommends denial of the application to the Village Board.
B.
Application and fees. The applicant shall have applied for a retail or operator's license and shall have paid the applicable fees for the same. The applicant shall have completed all requirements of application for retail or operator licensees under Ch. 125, Wis. Stats. Further, the applicant must not have previously been denied an operator's license by the Village.
C.
License fee. The fee for any provisional operator's license or provisional retail license hereunder shall be set by the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D.
Expiration. A provisional license issued under this section shall expire 60 days after its issuance or when a retail license or operator's license, as applicable, is issued to the applicant, whichever occurs first.
E.
Limitation. No person may hold more than one provisional retail license for each type of license applied for by the holder per year.
F.
Revocation. The Village Clerk-Treasurer may revoke a provisional license if the Clerk-Treasurer discovers that the holder of the license made a false statement on the application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
No license to sell soda water beverages is required.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Violation of this article shall be subject to a penalty as provided in § 1-2 of this Code.