[Adopted 12-1-1994 by Ord. No. 12-94
as § 31.01 of the 1994 Code]
The provisions of Ch. 125, Wis. Stats., relating
to the sale of intoxicating liquors and fermented malt beverages,
exclusive of any provisions thereof relating to the penalty to be
imposed or the punishment for violation of such statutes, are hereby
adopted by reference and made a part of this article.
[Amended 7-8-2003 by Ord. No. 20-03]
No person shall distribute, vend, sell or offer
for sale any fermented malt beverage, wine or intoxicating liquor
on any premises operated under a Class A, B or C license unless such
person has first obtained an operator's license from the Village.
A. The above notwithstanding, an operator's license shall
not be required for the following persons:
(1) Any person distributing, vending, selling or offering
for sale any fermented malt beverage or intoxicating liquor on premises
operated under a Class A, B or C license shall be exempt from this
requirement, provided that the licensee or a person having an operator's
license supervises and is responsible for any nonlicensed operators
on the premises at all times.
(2) Any member of the licensee's immediate family 18 years
of age or older shall be considered as holding an operator's license.
B. Provisional operator's license. A provisional operator's license may be issued under Ch. 125, Wis. Stats., by the Village Clerk-Treasurer to a person of good moral character who is 18 years of age or older and has been a resident of the state continuously for at least one year prior to the date of applying for such license. All applications for provisional licenses shall be examined and approved by the Police Chief prior to issuance by the Village Clerk-Treasurer. Provisional licenses shall be subject to Ch. 125, Wis. Stats. The Clerk-Treasurer shall collect a fee as provided in Chapter
33, Fees, at the time of issuance of any provisional license. A provisional license issued under this subsection shall be valid for not more than 60 days from the date of issuance. No provisional license shall be issued unless application has been made for issuance of a regular operator's license.
C. Temporary operator's licenses. A temporary operator's license may be issued under § 125.17(4), Wis. Stats., by the Clerk-Treasurer to a person of good moral character who is 18 years of age or older and has been a resident of the state continuously for at least one year prior to applying for such license. Applications for such license shall be examined and approved by the Police Department prior to issuance by the Clerk-Treasurer. Temporary licenses shall be subject to Ch. 125, Wis. Stats. The Clerk-Treasurer shall collect a fee as provided in Chapter
33, Fees, at the time of issuance of any temporary license. A temporary license issued under this subsection shall be valid for no more than 14 days from the date of issuance and shall be issued only to operators employed by or donating their services to nonprofit corporations. No person shall hold more than one temporary license per year.
No license or permit shall be issued to any
person who is not of such age as is required by the Wisconsin Statutes
and of good moral character. No license shall be issued to any person
who has been a habitual petty law offender or convicted of a crime
under the laws of this state punishable by imprisonment in the state
prison, unless such person has been pardoned. This section shall not
apply to Wisconsin corporations but shall apply to all officers and
directors of any such corporation.
[Amended 4-27-2020 by Ord. No. 05-20]
A. All operators'
licenses issued under this article shall be for a term not exceeding
two years and, unless otherwise expressly indicated to the contrary,
shall expire on June 30 next following issuance of the license. An
operator's license may then be validated for use during the second
license year only if returned to the office of the Village Clerk-Treasurer,
together with payment by the applicant of the second year's fee, no
sooner than May 1 but no later than June 30 next following the date
of issuance. Original licenses shall be issued in even years and validations
given in odd years.
B. Village
Board approval of operator's licenses under this article shall not
be required; provided, however, the Village Clerk in the Clerk's discretion
may refer any application to the Village Board for review and approval.
Application for any license or permit authorized
by this article shall be made to the Village Clerk-Treasurer on forms
provided by the Village Clerk-Treasurer. All fees required for issuance
of the license shall be submitted to the Village Clerk-Treasurer at
the time of application for the permit or license.
In addition to the requirements imposed by the
provisions of Ch. 125, Wis. Stats., adopted by reference herein, the
following restrictions shall apply to the issuance of licenses and
permits under this article:
A. Inspection of application and premises. The Village
Clerk-Treasurer shall notify the Health Officer, Police Chief and
Building Inspector of all license applications and these officials
shall inspect or cause to be inspected 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. 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 a majority of the
Village Board, and no license shall be renewed without a reinspection
of the premises and report as herein required. In the event an official
of a department of the State of Wisconsin has inspected a premises
and certified its compliance within four months, the local officials
can waive their inspection.
B. Health and sanitation. No license shall be issued
for any premises which do not conform to the sanitary, safety and
health requirements of the State Department of Health and Family Services,
including those governing sanitation in restaurants, and the State
Department of Commerce and to all such ordinances and regulations
adopted by the Village.
C. Obligations owed the Village. No license shall be issued for operation of any premises upon which there is an obligation owed the Village or other financial claims, as set forth in §
15-19 of this Code, remain delinquent or are unpaid.
[Amended 4-25-2011 by Ord. No. 07-11]
D. Location of premises. No Class A, B or C license shall be issued for newly licensed premises (those premises not licensed at the time of the original enactment of these regulations) less than 300 feet from any established public or parochial school, hospital, or church or any residential district as defined or to be defined in Chapter
250, Zoning, of this Code. Such distances shall be measured via the shortest route along the highway from the main entrance of such school, church, or hospital or the closest distance to the main entrance of such premises.
[Amended 7-8-2003 by Ord. No. 20-03]
E. Inspection of 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 a consent to this provision. Any refusal to permit
such inspection shall automatically operate as a revocation of any
license issued hereunder and shall be deemed a violation of this article.
F. Posting of licenses. Licenses or permits issued under
this article shall be posted and displayed. Any licensee or permittee
who shall fail to post his license or permit as required herein shall
be presumed to be operating without the necessary license or permit.
G. Revocation and suspension of licenses. Revocation
or suspension of any license or permit issued under the provision
of this article shall be governed by the procedure set forth in § 125.12,
Wis. Stats. Whenever any license or permit under this article shall
be revoked or suspended by the Village Board, the Village President,
the Police Chief, or by action of any court, it shall be the duty
of the Clerk-Treasurer to notify the licensee or permittee of any
suspension or revocation and notify the Police Chief to take physical
possession of the license or permit wherever it may be found and surrender
the same to the office of the Village Clerk-Treasurer.
If a person holding a license issued under §
150-2E fails to keep the licensed premises open to the public for 60 consecutive days or more per license year, his license may be revoked by the Village Board after public hearing following the procedure for revocation in Ch. 125, Wis. Stats. If the licensee demonstrates to the satisfaction of the Village Board that, due to nonrecurring undue hardship or unusual circumstances beyond his control, he could not make use of the license for the minimum time prescribed by this section, the Board may grant an exemption under such circumstances and conditions as may be determined by the Board to be reasonable.
Except as otherwise provided, any person found in violation of any provision of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in §
60-1 of this Code. No penalty imposed shall exceed the maximum allowed for violation of any provision of Ch. 125, Wis. Stats., incorporated herein by reference. A separate offense shall be deemed committed on each day on which a violation occurs or continues.
[Adopted 12-1-1994 by Ord. No. 12-94
as §§ 41.06 and 41.15 of the 1994 Code]
Except as other provided, any person who shall violate any provision of this article or any order, rule or regulation made hereunder shall be subject to the penalties as provided in §
60-1 of this Code.