[HISTORY: Adopted by the Village Board of the Village of
Howards Grove as indicated in article histories. Amendments noted
where applicable.]
[Adopted as Title 7, Ch. 2, of the 1993 Code of Ordinances]
The provisions of Chapter 125 of the Wisconsin Statutes, relating
to the sale of intoxicating liquor and fermented malt beverages, except
provisions therein relating to penalties to be imposed, are hereby
adopted by reference and made a part of this article as if fully set
forth herein. Any act required to be performed or prohibited by any
statute incorporated herein by reference is required or prohibited
by this article. Any future amendments, revisions or modifications
of the statutes incorporated herein are intended to be made a part
of this article in order to secure uniform statewide regulation of
alcohol beverage control.
As used in this article, the terms "alcohol beverages," "intoxicating
liquor," "principal business," "legal drinking age," "premises," "sell,"
"sold," "sale," "restaurant," "club," "retailer," "person," "fermented
malt beverages," "wholesaler," and "operator" shall have the meaning
given them by Ch. 125, Wis. Stats.
No person, firm or corporation shall vend, sell, deal or traffic
in, or have in his possession with intent to vend, sell, deal or traffic
in, or, for the purpose of evading any law or ordinance, give away
any intoxicating liquor or fermented malt beverage in any quantity
whatever, or cause the same to be done, without having procured a
license as provided in this article nor without complying with all
the provisions of this article and all statutes and regulations applicable
thereto, except as provided by §§ 125.26, 125.27, 125.28
and 125.51 of the Wisconsin Statutes.
A.
Retail "Class A" intoxicating liquor license. A retail "Class A"
intoxicating liquor license, when issued by the Village Clerk-Treasurer
under the authority of the Village Board, shall permit its holder
to sell, deal and traffic in intoxicating liquors only in original
packages or containers and to be consumed off the premises so licensed.
B.
Retail "Class B" intoxicating liquor license. A retail "Class B"
intoxicating liquor license, when issued by the Village Clerk-Treasurer
under authority of the Village Board, shall permit its holder to sell,
deal and traffic in intoxicating liquors to be consumed by the glass
only on the premises so licensed and in the original package or container
in multiples not to exceed four liters at any one time, to be consumed
off the premises, except that wine may be sold in the original package
or otherwise in any other quantity to be consumed off the premises.
C.
Reserve retail "Class B" intoxicating liquor license. A reserve retail "Class B" intoxicating liquor license is a retail "Class B" intoxicating liquor license issued by the Village Clerk-Treasurer under authority of the Village Board under the quota system established by § 125.51(4), Wis. Stats., which shall permit its holder to sell, deal and traffic in intoxicating liquors as authorized by Subsection B.
D.
Class "A" fermented malt beverage retailer's license. A Class
"A" fermented malt beverage retailer's license, when issued by the
Village Clerk-Treasurer under the authority of the Village Board,
shall entitle the holder thereof to possess, sell or offer for sale
fermented malt beverages only for consumption away from the premises
where sold and in the original packages, containers or bottles.
E.
Class "B" fermented malt beverage retailer's license.
(1)
License. A Class "B" fermented malt beverage retailer's license,
when issued by the Village Clerk-Treasurer under the authority of
the Village Board, shall entitle the holder thereof to possess, sell
or offer for sale fermented malt beverages either to be consumed upon
the premises where sold or away from such premises. The holder may
also sell beverages containing less than 0.5% of alcohol by volume
without obtaining a special license to sell such beverages. Such license
may be issued after July 1. The license shall expire on the following
June 30.
(2)
Application. Class "B" licenses may be issued to any person qualified
under § 125.04(5), Wis. Stats. Such licenses may not be
issued to any person acting as agent for or in the employ of another
except that this restriction does not apply to a hotel or restaurant
which is not a part of or located on the premises of any mercantile
establishment, or to a bona fide club, society or lodge that has been
in existence for at least six months before the date of application.
A Class "B" license for a hotel, restaurant, club, society or lodge
may be issued in the name of an officer who shall be personally responsible
for compliance with this article. Except as provided in § 125.295,
Wis. Stats., Class "B" licenses may not be issued to brewers or brewpubs.
A Class "B" license may not be issued to a person holding a wholesaler's
permit issued under § 125.28 or to a person who has a direct
or indirect ownership interest in a premises operating under a wholesaler's
permit issued under § 125.28.[1]
F.
Temporary Class "B" fermented malt beverage license.
(1)
License. As provided in § 125.26(1) and (6), Wis. Stats.,
temporary Class "B" fermented malt beverage licenses may be issued
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 before the date
of application and to posts of veterans' organizations authorizing
the sale of fermented malt beverages at a particular picnic or similar
gathering, at a meeting of the post, or during a fair conducted by
the fair association or agricultural society. A license issued to
a county or district fair licenses the entire fairgrounds where the
fair is being conducted and all persons engaging in retail sales of
fermented malt beverages from leased stands on the fairgrounds. The
county or district fair to which the license is issued may lease stands
on the fairgrounds to persons who may engage in retail sales of fermented
malt beverages from the stands while the fair is being held. Such
license is valid for dates as approved by the Village Board.[2]
(2)
Application. Application for such license shall be signed by the president or corresponding officer of the society or association making such application and shall be filed with the Village Clerk-Treasurer together with the appropriate license fee. Any person fronting for any group other than the one applied for shall, upon conviction thereof, be subject to a forfeiture which shall be pursuant to § 1-4 of this Code and will be ineligible to apply for a temporary Class "B" license for one year. The license shall specify the hours and dates of license validity. The application shall be filed a minimum of 15 days prior to the meeting of the Village Board at which the application will be considered. If the application is for a license to be used in a Village park, the applicant shall specify the main point of sale facility.
G.
Temporary "Class B" wine license.
(1)
License. Notwithstanding § 125.68(3), Wis. Stats., temporary
"Class B" licenses may be issued 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 before the date of application and to posts of veterans'
organizations authorizing the sale of wine in an original package,
container or bottle or by the glass if the wine is dispensed directly
from an original package, container or bottle at a particular picnic
or similar gathering, at a meeting of the post, or during a fair conducted
by the fair association or agricultural society. No fee may be charged
to a person who, at the same time, applies for a temporary Class "B"
beer license under § 125.26(6), Wis. Stats., for the same
event. A license issued to a county or district fair licenses the
entire fairgrounds where the fair is being conducted and all persons
engaging in retail sales of wine containing not more than 6% alcohol
by volume from leased stands on the fairgrounds. The county or district
fair to which the license is issued may lease stands on the fairgrounds
to persons who may engage in retail sales of wine containing not more
than 6% alcohol by volume from the stands while the fair is being
held.[3]
(2)
Application. Application for such license shall be signed by the president or corresponding officer of the society or association making such application and shall be filed with the Village Clerk-Treasurer together with the appropriate license fee. Any person fronting for any group other than the one applied for shall, upon conviction thereof, be subject to a forfeiture which shall be pursuant to § 1-4 of this Code and will be ineligible to apply for a temporary "Class B" wine license for one year. The license shall specify the hours and dates of license validity. The application shall be filed a minimum of 15 days prior to the meeting of the Village Board at which the application will be considered. If the application is for a license to be used in a Village park, the applicant shall specify the main point of sale facility.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original Sec. 7-2-4(h), Wholesaler’s license, of the 1993 Code of Ordinances and which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H.
Retail "Class C" licenses.
(1)
In this subsection "barroom" means a room that is primarily used
for the sale or consumption of alcohol beverages.
(2)
A "Class C" license authorizes the retail sale of wine by the glass
or in an opened original container for consumption on the premises
where sold.
(3)
A "Class C" license may be issued to a person qualified under § 125.04(5),
Wis. Stats., for a restaurant in which the sale of alcohol beverages
accounts for less than 50% of gross receipts and which does not have
a barroom if the municipality's quota prohibits the municipality
from issuing a "Class B" license to that person. A "Class C" license
may not be issued to a foreign corporation or a person acting as agent
for or in the employ of another.
(4)
A "Class C" license shall particularly describe the premises for
which it is issued.
I.
Provisional Retail Class "A", "Class A", Class "B", "Class B" and
"Class C" licenses. The Village Clerk-Treasurer may issue provisional
retail licenses in accordance with § 125.185, Wis. Stats.
The provisional retail license shall expire 60 days after its issuance
or when a retail license is issued to the holder, whichever is sooner.
The applicant shall concurrently apply for a regular retail license.
A provisional license may not be issued to any person who has been
denied a retail license by the Village Board or who has had his retail
license revoked or suspended within the preceding 12 months. In addition;
the Village Clerk-Treasurer may not issue a provisional "Class B"
license if the Village's quota under § 125.51(4), Wis.
Stats., prohibits the Village from issuing a "Class B" license. The
Village Clerk-Treasurer shall provide an appropriate application form
to be completed in full by the applicant. The Village Clerk-Treasurer
may revoke the provisional license issued if he discovers that the
holder of the license made a false statement on the application.
There shall be the following classes of licenses which, when issued by the Village Clerk- Treasurer under the authority of the Village Board after payment of the license fee and publication costs hereinafter specified shall permit the holder to sell, deal or traffic in intoxicating liquors or fermented malt beverages as provided in § 150-4 of this article and Ch. 125, Wis. Stats.:
A.
Class "A" fermented malt beverages retailer's license. The annual
fee for this license shall be as indicated on the Village Rate Schedule.
The fee for a license for less than 12 months shall be prorated according
to the number of months or fraction thereof for which the license
is issued.
B.
Class "B" fermented malt beverage license. The annual fee for this
license shall be as indicated on the Village Rate Schedule. This license
may be issued at any time for six months in any calendar year, for
which 50% of the applicable license fee shall be paid, but such license
shall not be renewable during the calendar year in which issued. The
fee for a license for less than 12 months shall be prorated according
to the number of months or fraction thereof for which the license
is issued.
C.
Temporary Class "B" fermented malt beverage license. The fee for
this license shall be as indicated on the Village Rate Schedule.
D.
Temporary "Class B" wine license. The fee for this license shall
be as indicated on the Village Rate Schedule. However, there shall
be no fee if the temporary wine license is obtained along with a temporary
fermented malt beverage license.[1]
E.
"Class A" intoxicating liquor retailer's license. The annual
fee for this license shall be as indicated on the Village Rate Schedule.
The fee for a license for less than 12 months shall be prorated according
to the number of months or fraction thereof for which the license
is issued.
F.
"Class B" intoxicating liquor retailer's license. The annual
fee for this license shall be as indicated on the Village Rate Schedule.
This license may be issued at any time for six months in any calendar
year, for which 50% of the applicable license fee shall be paid, but
such license shall not be renewable during the calendar year in which
issued. The fee for a license for less than 12 months shall be prorated
according to the number of months or fraction thereof for which the
license is issued.
G.
Reserve "Class B" intoxicating liquor retailer's license. The annual fee for this license shall be the same as indicated in Subsection G above. In addition, a one-time initial issuance fee as indicated on the Village Rate Schedule shall be charged.
H.
"Class C" wine license. The annual fee for this license shall be
as indicated on the Village Rate Schedule. The fee for a license for
less than 12 months shall be prorated according to the number of months
or fraction thereof for which the license is issued.
I.
Provisional retail Class "A", "Class A", Class "B", "Class B", or
"Class C" license. The annual fee for this license shall be as indicated
on the Village Rate Schedule.
A.
Contents. Application for a license to sell or deal in intoxicating
liquor or fermented malt beverages shall be made in writing on the
form prescribed by the Wisconsin Department of Revenue and shall be
sworn to by the applicant as provided by §§ 887.01
to 887.03, Wis. Stats., and shall be filed with the Village Clerk-Treasurer
not less than 15 days prior to the granting of such license. The premises
shall be physically described to include every room and storage space
to be covered by the license, including all rooms not separated by
a solid wall or joined by connecting entrances.
B.
Corporations. Such application shall be filed and sworn to by the
applicant if an individual, or by the president and secretary, if
a corporation.
C.
Publication. The Village Clerk-Treasurer shall publish each application
for a Class "A", Class "B", "Class A", "Class B", or "Class C" license.
There is no publication requirement for temporary Class "B" picnic
beer licenses under § 125.26, Wis. Stats., or temporary
"Class B" picnic wine licenses under § 125.51(10), Wis.
Stats. The application shall be published as required by Wisconsin
Statutes in the official Village newspaper, and the costs of publication
shall be paid by the applicant at the time the application is filed,
as determined under § 985.08, Wis. Stats.
D.
Amending application. Whenever anything occurs to change any fact
set out in the application of any licensee, such licensee shall file
with the issuing authority a notice in writing of such change within
10 days after the occurrence thereof.
E.
License quotas. Retail intoxicating liquor and fermented malt beverage
licenses issued by the Village Board shall be limited in number to
the quota prescribed by state law.
A.
Residence requirements. A retail Class "A" or Class "B" fermented
malt beverage or "Class A" or "Class B" intoxicating liquor license
shall be granted only to persons who are citizens of the United States
and who have been residents of the State of Wisconsin continuously
for at least 90 days prior to the date of the application.
B.
Applicant to have malt beverage license. No retail "Class B" intoxicating
liquor license shall be issued to any person who does not have or
to whom is not issued a Class "B" retailer's license to sell
fermented malt beverages.
C.
Right to premises. No applicant will be considered unless he has
the right to possession of the premises described in the application
for the license period, by lease or by deed.
D.
Age of applicant. Licenses related to alcohol beverages shall only
be granted to persons who have attained the legal drinking age, except
as allowed by Wisconsin Statutes.
E.
Corporate restrictions.
(1)
No license or permit may be issued to any corporation unless the
corporation meets the qualifications under § 125.04(5)(a)1
and 4 and (b), Wis. Stats., unless the agent of the corporation appointed
under § 125.04(6) and the officers and directors of the
corporation meet the qualifications of § 125.04(5)(a)1 and
3 and (b) and unless the agent of the corporation appointed under
§ 125.04(6) meets the qualification under § 125.04(5)(a)2.
The requirement that the corporation meet the qualifications under § 125.04(5)(a)1
and (b) does not apply if the corporation has terminated its relationship
with all of the individuals whose actions directly contributed to
the conviction.
(2)
Each corporate applicant shall file with its application for such
license a statement by its officers showing the names and addresses
of the persons who are stockholders together with the amount of stock
held by such person or persons. It shall be the duty of each corporate
applicant and licensee to file with the Village Clerk-Treasurer a
statement of transfers of stock within 48 hours after such transfer
of stock.
(3)
Any license issued to a corporation may be revoked in the manner
and under the procedure established in § 125.12, Wis. Stats.,
when more than 50% of the stock interest, legal or beneficial, in
such corporation is held by any person or persons not eligible for
a license under this article or under the state law.
F.
Sales tax qualifications. All applicants for retail licenses shall
provide proof, as required by § 77.61(11), Wis. Stats.,
that they are in good standing for sales tax purposes (i.e., hold
a seller's permit) before they may be issued a license.
G.
Connecting premises. Except in the case of hotels, no person may
hold both a "Class A" license and either a "Class B" license or permit,
a Class "B" license or permit, or a "Class C" license for the same
premises or for connecting premises. Except for hotels, if either
type of license or permit is issued for the same or connecting premises
already covered by the other type of license or permit, the license
or permit last issued is void. If both licenses or permits are issued
simultaneously, both are void.
H.
Limitations on other business; Class "B" premises. No Class "B" license
or permit may be granted for any premises where any other business
is conducted in connection with the premises, except that this restriction
does not apply if the premises for which the Class "B" license or
permit is issued is connected to premises where other business is
conducted by a secondary doorway that serves as a safety exit and
is not the primary entrance to the Class "B" premises. No other business
may be conducted on premises operating under a Class "B" license or
permit. These restrictions shall not apply to any of the premises
exempted in § 125.32(3m), Wis. Stats.[1]
All applications are subject to an investigation by the appropriate
authority or authorities to determine whether the applicant and/or
premises to be licensed complies with all regulations, ordinances
and laws applicable thereto, including those governing sanitation
in restaurants, and whether the applicant is a proper recipient of
a license. The investigating authority shall conduct an investigation
of the applicant including, but not limited to, requesting information
from the state, surrounding municipalities, and/or any community where
the applicant has previously resided concerning the applicant's
arrest and conviction record. Based upon such investigation, the investigating
authority shall recommend to the Village Board approval or denial
of the application. If the investigating authority recommends denial,
the investigating authority shall provide, in writing, the reasons
for such recommendation. No license shall be renewed without a reinspection
of the premises and new investigation and report as originally required.
A.
No license shall be granted for operation on any premises or with
any equipment for which taxes, assessments, forfeitures or other financial
claims of the Village are delinquent and unpaid.
B.
No license shall be issued unless the premises conforms to the sanitary,
safety and health requirements of the State Building Code, and the
regulations of the State Department of Health Services applicable
to restaurants. The premises must be properly lighted and ventilated,
must be equipped with separate sanitary toilet and lavatory facilities
equipped with running water for each sex and must conform to all ordinances
of the Village.[1]
C.
Consideration for the granting or denial of a license will be based
on:
(1)
Arrest and conviction record of the applicant, subject to the limitations
imposed by §§ 111.321, 111.322, and 111.335, Wis. Stats.;
(2)
The financial responsibility of the applicant;
(3)
The appropriateness of the location and the premises where the licensed
business is to be conducted;
(4)
Generally, the applicant's fitness for the trust to be reposed;
and
(5)
Any other rational basis deemed relevant by the Village Board.
D.
An application may be denied based upon the applicant's arrest
and conviction record if the applicant has been convicted of a felony
(unless duly pardoned) or if the applicant has habitually been a law
offender. For purposes of this licensing procedure, "habitually been
a law offender" is generally considered to be an arrest or conviction
of at least two offenses which are substantially related to the licensed
activity within the five years immediately preceding the license application.
Because a license is a privilege, the issuance of which is a right
granted solely to the Village Board, the Village Board reserves the
right to consider the severity and facts and circumstances of the
offense when making the determination to grant, deny or not renew
a license. Further, the Board, at its discretion, may, based upon
an arrest or conviction record of two or more offenses which are substantially
related to the licensed activity within the five years immediately
preceding, act to suspend such license for a period of one year or
more.
A.
Opportunity shall be given by the governing body to any person to
be heard for or against the granting of any license. Upon the approval
of the applicant by the Village Board, the Village Clerk-Treasurer
shall issue to the applicant a license, upon payment by the applicant
of the license fee to the Village.
B.
If the Village Board denies the license, the applicant shall be notified
in writing, by registered mail or personal service, of the reasons
for the denial. The notice shall also inform the applicant of the
opportunity to appear before the Village Board and to provide evidence
as to why the denial should be reversed. In addition, the notice shall
inform the applicant that the reconsideration of the application shall
be held in closed session, pursuant to § 19.85(1)(b), Wis.
Stats., unless the applicant requests such reconsideration be held
in open session and the Village Board consents to the request. Such
written notice shall be mailed or served upon the applicant at least
10 days prior to the Village Board meeting at which the application
is to be reconsidered.
A.
In accordance with the provisions of § 125.04(12), Wis.
Stats., a license shall be transferable from one premises to another
if such transfer is first approved by the Village Board. An application
for transfer shall be made on a form furnished by the Village Clerk-Treasurer.
Proceedings for such transfer shall be had in the same form and manner
as the original application. The fee for such transfer is as indicated
on the Village Rate Schedule. Whenever a license is transferred, the
Village Clerk-Treasurer shall forthwith notify the Wisconsin Department
of Revenue of such transfer. In the event of the sale of a business
or business premises of the licensee, the purchaser of such business
or business premises must apply to the Village for reissuance of said
license and the Village, as the licensing authority, shall in no way
be bound to reissue said license to said subsequent purchaser.
B.
Whenever the agent of a corporate holder of a license is for any
reason replaced, the licensee shall give the Village Clerk-Treasurer
written notice of said replacement, the reasons therefor and the new
appointment. Until the next regular meeting or special meeting of
the Village Board, the successor agent shall have the authority to
perform the functions and be charged with the duties of the original
agent. However, said license shall cease to be in effect upon receipt
by the Village Clerk-Treasurer of notice of disapproval of the successor
agent by the Wisconsin Department of Revenue or other peace officer
of the municipality in which the license was issued. The corporation's
license shall not be in force after receipt of such notice or after
a regular or special meeting of the Village Board until the successor
agent or another qualified agent is appointed and approved by the
Village.
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.
A.
Every person licensed in accordance with the provisions of this article
shall immediately post such license and keep the same posted while
in force in a conspicuous place in the room or place where said beverages
are drawn or removed for service or sale.
B.
It shall be unlawful for any person to post such license or to be
permitted to post it upon premises other than those mentioned in the
application or knowingly to deface or destroy such license.
All retail Class "A", Class "B", "Class A" and "Class B" licenses
granted hereunder shall be granted subject to the following conditions,
and all other conditions of this article, and subject to all other
ordinances and regulations of the Village applicable thereto:
A.
Consent to entry. Every applicant procuring a license thereby consents
to the entry of police or other duly authorized representatives of
the Village at all reasonable hours for the purpose of inspection
and search, and consents to the removal from said premises of all
things and articles there had in violation of Village ordinances or
state laws, and consents to the introduction of such things and articles
in evidence in any prosecution that may be brought for such offenses.
B.
Employment of minors. No retail "Class B" or Class "B" licensee shall
employ any underage person, as defined in the Wisconsin Statutes,
but this shall not apply to hotels and restaurants. This subsection
shall not apply to a person who has an operator's license or who is
at least 18 years of age and is under supervision as provided in §§ 125.32(2)
and 125.68(2), Wis. Stats.[1]
C.
Disorderly conduct prohibited. 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.[2]
[2]
Editor's Note: Original Sec. 7-2-14(d), Licensed operator on premises, of the 1993 Code of Ordinances and which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now § 150-20A(1).
D.
Health and sanitation regulations. The rules and regulations of the
State Department of Health Services governing sanitation in restaurants
shall apply to all "Class B" liquor or "Class C" licenses issued under
this article. No "Class B" or "Class C" license shall be issued unless
the premises to be licensed conforms to such rules and regulations.[3]
E.
Restrictions near schools and churches. No retail Class "A", Class
"B", "Class A" or "Class B" license shall be issued for premises,
the main entrance of which is less than 300 feet from the main entrance
of 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 main entrance of such school, church
or hospital to the main entrance to such premises. This subsection
shall not apply to premises licensed as such on June 30, 1947, nor
shall it apply to any premises licensed as such prior to the occupation
of real property within 300 feet thereof by any school building, hospital
building or church building.
F.
Clubs. No club shall sell or give away any intoxicating liquors except
to bona fide members and guests invited by members.
G.
Gambling prohibited. Except as authorized by state law, no gambling
or game of chance of any sort shall be permitted in any form upon
any premises licensed under this article or the laws of the State
of Wisconsin.
H.
Credit prohibited. No retail Class "A", Class "B", "Class A", "Class
B", or "Class C" liquor, wine, or fermented malt beverage licensee
shall sell or offer for sale any alcohol beverage to any person or
persons by extending credit, except hotel credit extended to a resident
guest or a club to a bona fide member. It shall be unlawful for such
licensee or permittee to sell alcohol beverages to any person on a
passbook or store order or to receive from any person any goods, wares,
merchandise or other articles in exchange for alcohol beverages.
I.
Licensee or permittee responsible for acts of help. A violation of
this article by a duly authorized agent or employee of a licensee
or permittee under this article shall constitute a violation by the
licensee or permittee. Whenever any licensee or permittee under this
article shall violate any portion of this article, proceedings for
the suspension or revocation of the license or permit of the holder
thereof may be instituted in the manner prescribed in this article.[4]
Closing hours shall be established in conformance with §§ 125.32(3)
and 125.68(4), , Wis. Stats., and further restricted as follows:
A.
Closing hours.
(1)
No premises for which a retail "Class B" liquor, Class "B" fermented
malt beverage, or "Class C" wine license has been issued shall be
permitted to remain open for the sale of liquor or fermented malt
beverages or for any other purpose between the hours of 2:00 a.m.
and 6:00 a.m., Monday through Friday, and 2:30 a.m. and 6:00 a.m.,
Saturday and Sunday. There shall be no closing hours on January 1.
This does not apply to a "Class B" license issued to a winery under
§ 125.51(3)(am), Wis. Stats.
(2)
Between 9:00 p.m. and 8:00 a.m. no premises for which a "Class B"
license (winery) has been issued under § 125.51(3)(am),
Wis. Stats., may remain open for sale of intoxicating liquor.
(3)
Hotels and restaurants, the principal business of which is the furnishing of food or lodging to patrons, bowling alleys, movie theaters, painting studios, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but shall not sell liquor or malt beverages during the closing hours of Subsection A(1) above.
B.
Carryout hours.
(1)
Between 9:00 p.m. and 6:00 a.m., no person may sell, remove, carry
out or permit to be removed or carried out from any premises having
a "Class A" license intoxicating liquor in original unopened packages,
containers or bottles or for consumption away from the premises.
(2)
Between 12:00 midnight and 6:00 a.m., no person may sell, remove,
carry out or permit to be removed or carried out from any premises
having a "Class B" license intoxicating liquor in original unopened
packages, containers or bottles or for consumption away from the premises.
(3)
Between 12:00 midnight and 6:00 a.m., no person may sell, remove,
carry out or permit to be removed or carried out from any premises
having a Class "A" license fermented malt beverages in original unopened
packages, containers or bottles or for consumption away from the premises.
(4)
Between 12:00 midnight and 6:00 a.m., no person may sell, remove,
carry out or permit to be removed or carried out from any premises
having a Class "B" license fermented malt beverages in original unopened
packages, containers or bottles or for consumption away from the premises.
It shall be unlawful for any person or organization on a temporary
basis to sell or offer to sell any alcohol beverage upon any Village-owned
property or privately owned property within the Village of Howards
Grove, except through the issuance of a temporary Class "B" fermented
malt beverage license or temporary "Class B" wine license issued by
the Village Board in accordance with Wisconsin Statutes and as set
forth in this section. A temporary Class "B" fermented malt beverage
license or temporary "Class B" wine license authorizing the sale and
consumption of beer and or wine on Village-owned property or privately
owned property may be authorized by the Village Board, provided the
following requirements are met:
A.
Compliance with eligibility standards. The organization shall meet the eligibility requirements of a bona fide club, association, lodge or society as set forth in § 125.26(6), Wis. Stats., and shall fully comply with the requirements of this section and § 150-22. Members of an organization which is issued a temporary license and who are issued operator's licenses for the event shall attend a pre-event informational meeting to learn what rules and regulations apply and what the responsibilities of the bartenders and organization will be.
B.
Posting of signs and licenses. All organizations issued a temporary
license shall post in a conspicuous location at the main point of
sale and at all remote points of sale a sufficient number of signs
stating that no fermented malt beverage shall be served to any underage
person without proper identification.
C.
Fencing. If necessary due to the physical characteristics of the
site, the Village Board may require that organizations install a double
fence around the main point of sale to control ingress and egress
and continually station a licensed operator, security guard or other
competent person at the entrance for the purpose of checking age identification.
Where possible, there shall be only one point of ingress and egress.
When required, the double fence shall be a minimum of four feet high
and a minimum of six feet between fences.
D.
Underage persons prohibited. No underage persons as defined by the
Wisconsin Statutes shall be allowed to assist in the sale of fermented
malt beverages or wine at any point of sale, nor shall they be allowed
to loiter or linger in the area of any point of sale. This subsection
shall not apply to a licensed operator who is 18 years of age or older.[1]
E.
Licensed operators requirement. A licensed operator shall be stationed
at all points of sales at all times.
F.
Waiver. The Village Board may waive or modify the requirements of
this section due to the physical characteristics of the licensed site.
G.
Insurance. The applicant for a temporary fermented malt beverage
or wine license may be required to indemnify, defend and hold the
Village and its employees and agents harmless against all claims,
liability, loss, damage or expense incurred by the Village on account
of any injury to or death of any person or any damage to property
caused by or resulting from the activities for which the license is
granted. As evidence of the applicant's ability to perform the
conditions of the license, the applicant may be required to furnish
a certificate of comprehensive general liability insurance to the
Village of Howards Grove. The applicant may be required to furnish
a performance bond prior to being granted the license.[2]
A.
Procedure. Whenever the holder of any license under this article violates any portion of this article or Article II of this chapter, proceedings for the revocation of such license may be instituted in the manner and under the procedure established by this section.
B.
Abandonment of premises. Any licensee holding a license to sell alcohol
beverages who abandons such business shall forfeit any right or preference
he may have to the holding of or renewal of such license. Abandonment
shall be sufficient grounds for revocation of any alcohol beverage
license. The closing of the licensed premises for at least six months
shall be prima facie evidence of the abandonment, unless extended
by the Village Board. All persons issued a license to sell alcohol
beverages in the Village for which a quota exists limiting the number
of such licenses that may be issued by the Village shall cause such
business described in such license to be operated on the premises
described in such license for at least 150 days during the terms of
such license, unless such license is issued for a term of less than
180 days, in which event this subsection shall not apply.
C.
License revocation or suspension. License revocation or suspension
procedures shall be as prescribed by Ch. 125, Wis. Stats.
The presence of underage persons on a licensed premises as provided
under § 125.07(3)(a)10, Wis. Stats., shall be subject to
the following:
A.
The licensee or agent of a corporate licensee shall notify the Village
office at least 48 hours in advance of the date of any event at which
underage persons will be present on the licensed premises. Each such
nonalcohol event notice shall specify the date(s) on which the event
is to occur and the time(s) of commencement. All notices shall be
filed with the Village office during normal working hours (8:00 a.m.
to 12:30 p.m., 1:30 p.m. to 5:00 p.m., Monday through Thursday; 8:00
a.m. to 12:00 noon on Fridays) and shall be given on forms prescribed
by the Village. After a nonalcohol event notice has been given, the
licensee may cancel an event(s) only by giving like notice to the
Village in accordance with the provisions of this subsection. Regardless
of the date given, all notices shall expire and be deemed cancelled
no later than the date of expiration or revocation of the applicable
retail Class "B" or "Class B" license.
B.
During the period of any nonalcohol event a notice card prescribed
by the Village office shall be posted at all public entrances to the
licensed premises notifying the general public that no alcohol beverages
may be consumed, sold or given away on or carried into the licensed
premises during the event. Such notice cards shall be made available
by the Village to a requesting licensee.
C.
Once a nonalcohol event has commenced, no alcohol beverages may be
consumed, sold or given away on or carried into the licensed premises
until the next day following the closing hours of the licensed premises.
D.
During the period of any nonalcohol event, all alcohol beverages
shall be stored in a locked portion of the licensed premises in a
secure place out of the sight and physical reach of any patron present
and shall be under the direct and immediate control and supervision
of the licensee or a licensed bartender in the employ of the licensee.
All beer taps and automatic dispensers of alcohol beverages ("speed
guns") shall be either disconnected, disabled or made inoperable.
A.
Acts prohibited. It is unlawful for any person to perform or engage
in, or for any licensee or manager or agent of the licensee to permit
any person, employee, entertainer or patron to perform or engage in,
any live act, demonstration, dance or exhibition on the premises of
a licensed establishment which:
(1)
Shows his or her genitals, pubic area, vulva, anus, anal cleft or
cleavage with less than a fully opaque covering;
(2)
Shows any portion of an areola or nipple of the female breast or
shows more than half of the surface area of the female breast; or
(3)
Shows the covered male genitals in a discernibly turgid state.
B.
Exemptions. This section does not apply to licensed theaters, performing
arts centers, civic centers, and dinner theaters where live dance,
ballet, music and dramatic performances of artistic merit are offered
and in which the predominant business or attraction is not the offering
to customers of entertainment which is intended to provide sexual
stimulation or sexual gratification and where the establishment is
not distinguished by an emphasis on, or the advertising or promotion
of, employees engaging in nude erotic dancing.
C.
LICENSED ESTABLISHMENT
LICENSEE
Definitions. For purposes of this section, the following terms shall
have the meanings indicated:
Any establishment licensed by the Village to sell alcohol
beverages pursuant to Ch. 125, Wis. Stats.
The holder of a retail "Class A", "Class B", Class "B", Class
"A", or "Class C" license granted by the Village pursuant to Ch. 125,
Wis. Stats.
D.
Penalties. Any person, partnership, or corporation who violates any of the provisions of this section shall be subject to forfeiture as provided in § 1-4 of this Code. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this section constitutes sufficient grounds for suspending, revoking or nonrenewing an alcohol beverage license under § 125.12, Wis. Stats.
A.
Operator's license required.
(1)
Operator's licenses; Class "A", "Class A", Class "B", "Class
B" or "Class C" premises. Except as provided under §§ 125.32(3)(b)
and 125.07(3)(a)10, Wis. Stats., no premises operated under a Class
"A", "Class A", Class "B", "Class B" or "Class C" license or permit
may be open for business unless there is upon the premises the licensee,
the agent named in the license or permit if the licensee is a corporation,
or some person who has an operator's license and who is responsible
for the acts of all persons serving any fermented malt beverages,
intoxicating liquor or wine to customers. For the purpose of this
section, any person holding a manager's license under § 125.18,
Wis. Stats., or any member of the licensee's immediate family
who has attained the age of 18 shall be considered the holder of an
operator's license. No person, including a member of the licensee's
immediate family, other than the licensee, or agent, may serve fermented
malt beverages, intoxicating liquor or wine in any place operated
under a Class "A", "Class A", Class "B", "Class B", or "Class C" license
or permit 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, permittee, agent or a person holding an operator's
license, who is on the premises at the time of the service.
B.
Procedure upon application.
(1)
The Village Board may issue an operator's license, which license
shall be granted only upon application in writing on forms to be obtained
from the Village Clerk-Treasurer, payment of proper fee, and only
to persons 18 years of age or older. Operator's licenses shall
be valid only within the limits of the Village.
(2)
All applications are subject to an investigation by the appropriate
authority to determine whether the applicant to be licensed complies
with all regulations, ordinances and laws applicable thereto. The
investigating authority shall conduct an investigation of the applicant
including, but not limited to, requesting information from the state,
surrounding municipalities, and/or any community where the applicant
has previously resided concerning the applicant's arrest and
conviction record. Based upon such investigation, the investigating
authority shall recommend to the Village Board approval or denial
of the application. If the investigating authority recommends denial,
the investigating authority shall provide, in writing, the reasons
for such recommendation. No license shall be renewed without a new
investigation and report as originally required.
C.
Duration and fee.
(1)
Duration. Licenses issued under the provisions of this section shall
be valid for either one or two years. The two-year license shall be
valid for the period July 1 to June 30 and shall expire on the second
June 30 following issuance. Licenses desired for only one license
year, or part thereof, shall so indicate on the application, and shall
expire on the first June 30 following issuance.
(2)
Fee. The fee for an operator's license, provisional operator's
license and temporary operator's license shall be as indicated
on the Village Rate Schedule for the term or part thereof. No proration
of fees is available for operator's licenses.
D.
Provisional license; temporary license.
(1)
Provisional license. The Village Clerk-Treasurer may issue provisional
operator's licenses in accordance with § 125.17(5),
Wis. Stats. The provisional operator's license shall expire 60
days after its issuance or when an operator's license is issued
to the holder, whichever is sooner. The Village Clerk-Treasurer may,
upon receiving an application for a provisional license, issue such
a license without requiring the successful completion of the approved
program as described herein. However, such license shall be used only
for the purpose of allowing such applicant the privilege of being
licensed as a beverage operator pending his successful completion
of the approved program, and the applicant shall also apply for a
regular operator's license. A provisional license may not be
issued to any person who has been denied an operator's license
by the Village Board or who has had his operator's license revoked
or suspended within the preceding 12 months. The Village Clerk-Treasurer
shall provide an appropriate application form to be completed in full
by the applicant. The Village Clerk-Treasurer may revoke the provisional
license issued if he discovers that the holder of the license made
a false statement on the application.
(2)
Temporary license. The Village Board may issue temporary operator's
licenses in accordance with § 125.17(4), Wis. Stats., only
to persons employed by or donating their services to nonprofit corporations.
An applicant is limited to only two such licenses in a licensing year
and such license is valid for a period of up to 14 consecutive days.
The period of the license shall be stated on said license.[1]
E.
Issuance or denial of operator's licenses.
(1)
After the Village Board approves the granting of an operator's
license, the Village Clerk-Treasurer shall issue the license. Such
licenses shall be issued and numbered in the order they are granted
and shall give the applicant's name and address and the date
of the expiration of such license.
(2)
Denial of license.
(a)
If the application is denied by the Village Board, the Village
Clerk-Treasurer shall, in writing, inform the applicant of the denial,
the reasons therefor, and of the opportunity to request a reconsideration
of the application by the Village Board in a closed session. Such
notice must be sent by certified mail to, or served upon, the applicant
at least 10 days prior to the Board's reconsideration of the
matter. At such reconsideration hearing, the applicant may present
evidence and testimony as to why the license should be granted.
(b)
If, upon reconsideration, the Board again denies the application,
the Village Clerk-Treasurer shall notify the applicant in writing
of the reasons therefor. An applicant who is denied any license upon
reconsideration of the matter may apply to Circuit Court pursuant
to § 125.12(2)(d), Wis. Stats., for review.
(3)
Considerations.
(a)
Consideration for the granting or denial of a license will be
based on:
[1]
Arrest and conviction record of the applicant, subject to the
limitations imposed by §§ 111.321, 111.322, and 111.335,
Wis. Stats.;
[2]
The financial responsibility of the applicant;
[3]
The appropriateness of the location and the premises where the
licensed business is to be conducted; and
[4]
Generally the applicant's fitness for the trust to be reposed.
(b)
If a licensee is convicted of an offense substantially related
to the licensed activity, the Village Board may act to revoke or suspend
the license.
(4)
An application may be denied based upon the applicant's arrest
and conviction record if the applicant has been convicted of a felony
(unless duly pardoned) or if the applicant has habitually been a law
offender. For purposes of this licensing procedure, "habitually been
a law offender" is generally considered to be an arrest or conviction
of at least two offenses which are substantially related to the licensed
activity within the five years immediately preceding the license application.
Because a license is a privilege, the issuance of which is a right
granted solely to the Village Board, the Village Board reserves the
right to consider the severity and facts and circumstances of the
offense when making the determination to grant, deny or not renew
a license. Further, the Village Board, at its discretion, may, based
upon an arrest or conviction record of two or more offenses which
are substantially related to the licensed activity within the five
years immediately preceding, act to suspend such license for a period
of one year or more.
F.
Training course.
(1)
Except as provided in Subsection F(2) below, the Village Board may not issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the Technical College System Board or a comparable training course, which may include computer-based training and testing, that is approved by the Department of Revenue or the Educational Approval Board, or unless the applicant fulfills one of the following requirements:[2]
G.
Display of license. Each license issued under the provisions of this
section shall be posted on the premises, or shall be in the licensee's
possession, whenever the operator dispenses beverages.
H.
Revocation of operator's license. Violation of any of the terms
or provisions of the state law or of this section relating to operator's
licenses by any person holding such operator's license shall
be cause for revocation of the license.
A.
Forfeitures for violations of §§ 125.07(1) to (5) and 125.09(2), Wis. Stats., adopted by reference in § 150-1 of this article, 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.
C.
Nothing herein shall preclude or affect the power of the sentencing
court to exercise additional authorities granted by the Wisconsin
Statutes.
[Adopted as Title 11, Ch. 4, of the 1993 Code of Ordinances]
A.
Alcohol beverages in public areas.
(1)
Regulations. It shall be unlawful for any person to sell, serve or
give away, or offer to sell, serve or give away, any alcohol beverage
upon any public street, sidewalk, alley, public parking lot, highway,
cemetery or drives or other public area within the Village of Howards
Grove or on private property without the owner's consent, except
at licensed premises. It shall be unlawful for any person to consume
or have in his possession any open container containing alcohol beverage
upon any public street, public sidewalk, public way, public alley
or public parking lot within the Village except at licensed premises.
(2)
Private property held out for public use. It shall be unlawful for
any person to consume any alcohol beverages upon any private property
held open for public use within the Village unless the property is
specifically named as being part of a licensed premises.
(3)
Leaving licensed premises with open container.
(4)
Exceptions.
(a)
The provisions of this section may be waived by the Village
Board for duly authorized events.
(b)
B.
ALCOHOL BEVERAGE
PUBLIC AREA
UNDERAGE PERSON
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes all ardent, spirituous, distilled or vinous liquors,
liquids or compounds, whether medicated, proprietary, patented, or
not, and by whatever name called, as well as all liquors and liquids
made by the alcoholic fermentation of an infusion in potable water
of barley malt and hops, with or without unmalted grains or decorticated
or degerminated grains or sugar, which contain 1/2 of 1% or more of
alcohol by volume and which are fit for use for beverage purposes.
Any location within the Village which is open to access to
persons not requiring specific permission of the owner to be at such
location, including all parking lots serving commercial establishments.
Any person under the legal drinking age as defined by the
Wisconsin Statutes.[2]
[2]
Editor's Note: The following original sections of the 1993 Code of Ordinances, which immediately followed this definition, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II): Sec. 11-4-2, Sale to underage or intoxicated persons restricted; Sec. 11-4-3, Underage persons’ presence in places of sale; penalty; Sec. 11-4-4, Underage persons; prohibitions; penalties; Sec. 11-4-5, Defense of sellers; Sec. 11-4-6, Persons who have attained the legal drinking age; false or altered identification cards; Sec. 11-4-7, Possession of alcohol beverages on school grounds prohibited; Sec. 11-4-8, Adult permitting or encouraging underage violation and Sec. 11-4-9, Solicitation of drinks prohibited.
