[Amended by Ord. No. 027-93, 1993; Ord. No. 013, Series 1996; Ord. No.
027, Series 1998; Ord. No. 028, Series 1998; Ord. No. 028, Series 1999; Ord. No. 019, Series 2003; Ord. No. 024, Series 2003; Ord. No. 025, Series 2003; Ord. No. 020, Series 2007; 6-20-2011 by Ord. No.
016-2011; at time of adoption of Code (see Ch. 1.01,
Code Adoption)]
There shall be the following classes and denominations of licenses
which, when issued by the Village Clerk under the authority of the
Village Board after payment of the fee herein specified, shall permit
the holder to sell, deal or traffic intoxicating liquor or fermented
malt beverages as provided in this section and as provided in §§ 125.17,
125.18, 125.25, 125.26 and 125.51, Wis. Stats. Except as otherwise
provided in this chapter, the full license fee shall be charged for
the whole or fraction of any year. All license years shall be deemed
to commence as of July 1.
A. Retail Class "A" license. A Class "A" license authorizes retail sales
of fermented malt beverages in original packages, containers or bottles
only for consumption off the premises where sold. The license fee
shall be $100 per year.
B. Retail Class "B" license. Class "B" license authorizes retail sales
of fermented malt beverages to be consumed either on the premises
where sold or off the premises. Persons holding a Class "B" license
may sell beverages containing less than 0.5% alcohol by volume without
obtaining a license under § 66.0433(1), Wis. Stats.
1. The fee for a Class "B" license shall be $100 per year. A Class "B"
license may be issued at any time after July 1 for a period of six
months in any license year, for which a seventy-five-dollar license
fee shall be paid. But such temporary licenses shall not be renewable
during the July 1 through June 30 license year in which issued. All
Class "B" licenses issued under this section shall expire no later
than the following June 30.
2. Special events. A temporary Class "B"/"Class B" license may be issued
to bona fide clubs, to state, county or local lodges or societies
and to posts of veterans organizations, any of which have been in
existence for at least six months before the date of the application
for the special event. A license issued under this section authorizes
the sale of fermented malt beverages (Class "B") and/or wine ("Class
B") at particularly described picnics or other similar gatherings.
As allowed by §§ 125.26(1) and 125.51(1)(a), Wis. Stats.,
the Village Clerk of the Village of Grafton is hereby authorized to
issue temporary Class "B"/"Class B" licenses to organizations as allowed
in this section. The fee for a special event license shall be $10
per event.
[Amended by Ord. No. 027, Series 1993]
C. Special permit. A special permit may be issued by the Village Clerk
to families or clubs, including, but not limited to, nonprofit charitable
organizations, to state, county or local fair associations or agricultural
societies, to churches, lodges or societies and to posts of veterans
organizations. A special permit issued under this section authorizes
the consumption and dispensing of fermented malt beverages and/or
wine coolers at particularly described picnics or other similar gatherings
which are held on public property. No charge shall be allowed in connection
with the serving, selling, consumption or distribution of fermented
malt beverages and/or wine coolers at events for which a special permit
has been granted, unless a temporary Class "B" license has also been
obtained under this chapter for said event. A special permit for an
event for which a temporary Class "B" license has been or will be
procured may only be issued by the Village Clerk upon proof by the
applicant that liability insurance coverage of not less than 1/2 million
dollars has been procured for the contemplated event. This subsection
is not intended to regulate the internal activities of private organizations
nor legitimate private social events held entirely on private property.
1. Except as otherwise provided within Subsection
C of this section, or authorized by resolution of the Village Board under authority of § 125.09(1), Wis. Stats., the consumption or dispensing of alcohol beverages on any public property or on a highway as defined in § 340.01(22), Wis. Stats., is prohibited.
2. The application for a special permit under the provisions of this
section shall be made to the Village Clerk not less than 48 hours
before the event takes place. Said application shall include an agreement
signed by the applicant on behalf of the entity applying for a special
permit, whereby the applicant expressly warrants and represents that
the Village, its officers, agents and employees shall be held harmless
and indemnified from any and all claims which may arise from the issuance
of a special permit under this chapter. The Village Clerk shall refer
to the Village Board any applications for a special permit under this
section where there is a question as to whether an applicant qualifies
for a special permit under this section.
3. There shall be no fee for a special permit under this subsection.
However, a special permit may not be issued to anyone for more than
three occasions per year under this section, provided that each occasion
be defined to mean no more than three consecutive calendar days.
D. Retail "Class A" license. A "Class A" license authorizes the retail
sale of intoxicating liquor in original packages and containers for
consumption off the premises where sold. The fee shall be $400 per
year. Effective with the licensing period that begins on July 1, 2004,
the fee for a "Class A" license shall be $500 per year.
E. Retail "Class B" license. A "Class B" license authorizes the sale
of intoxicating liquor to be consumed by the glass only on the premises
where sold and also authorizes the sale of intoxicating liquor in
the original package or container, in quantities not to exceed four
liters at any one time, and to be consumed off the premises where
sold. Wine, however, may be sold for consumption off the premises
in the original package or container in any quantity. The fee shall
be $500 per year.
F. Retail "Class C" license.
1. 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.
2. 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 or a restaurant in which the sale of alcohol beverages accounts
for less than 50% of gross receipts and which has a barroom in which
wine is the only intoxicating liquor sold.
3. The fee for a "Class C" license shall be $100 per year.
G. Retail reserve "Class B" license. Those licenses available under
the quota system existing before December 1, 1997, that were not granted
or issued by the municipality as of December 1, 1997. The number of
reserve "Class B" licenses available to a municipality is determined
by a series of calculations described in § 125.51(4), Wis.
Stats.
1. Initial retail reserve "Class B" license fee. There shall be a ten-thousand-dollar fee, to be paid in addition to the regular Class "B" and "Class B" fee under Subsections
B and
F above, upon approval of a retail reserve "Class B" license. The ten-thousand-dollar fee shall not be prorated, as required for the retail reserve "Class B" license, if it is issued for a portion of the licensing period.
2. Business development grants for certain reserve "Class B" licenses.
a.
Findings and purpose. 1997 Wisconsin Act 27, effective December
1, 1997, establishes a new alcohol license called a retail reserve
"Class B" license, and requires that all who are granted such a license
pay an initial license fee of $10,000 in addition to the regular Class
"B" and "Class B" license fees. The Village Board finds that businesses
such as restaurants, hotels and taverns make important contributions
to the Village's economy and serve important public purposes, including
but not limited to increasing the Village's property tax base, providing
employment and promoting tourism. The Village Board also finds that
the new initial fee for reserve "Class B" licenses far exceeds the
actual cost of licensing the activity and that excessive license fees
deter new business and are contrary to economic growth. It is the
purpose of this chapter to utilize the excess revenue generated by
Wisconsin Act 27 to assist new reserve "Class B" licensees in order
to assist in the establishment of new businesses.
b.
The Village Board may provide a one-time business development
grant, in an amount not to exceed $9,500, to a reserve "Class B" licensee
if the following conditions are met:
1.
A retail reserve "Class B" license is granted to the licensee.
2.
The retail reserve "Class B" license applicant properly completes,
executes and submits an application for a business development grant
to the Village Board on a form provided by the Village Clerk.
3.
Only applicants whose business is located in a tax incremental
financing district (TID) located west of the Milwaukee River shall
be eligible for a business development grant.
4.
The application for a business development grant is submitted
to the Village Clerk, for referral to the Village Board, no earlier
than three months or later than 12 months after the granting of said
reserve license.
5.
The retail reserve "Class B" licensee pays the initial ten-thousand-dollar
fee to the Village.
6.
The Village Clerk, with the assistance of any other Village agency or department, has certified that the applicant for the business development grant is in full compliance with the requirements of Ch.
125, Wis. Stats., and all local ordinances governing the issuance of retail alcohol beverage licenses.
7.
If the Village Clerk determines that the licensee is not in
compliance with the approved license, no business development grant
may be awarded. The Village Clerk shall provide a written determination
to the licensee/applicant and the Village Board.
8.
The Village shall retain $500 of the initial ten-thousand-dollar
license fee for administrative purposes.
3. Any business development grant awarded to a retail reserve "Class
B" liquor licensee under this chapter shall be subject to the following
conditions:
a.
The licensee must provide documentation, from a certified public
accountant or tax preparer, that:
1.
More than 50% of the gross sales of the business are from the
sale of food, and the business is in fact a restaurant;
2.
The business is a hotel, bed-and-breakfast or motel operation;
or
3.
More than 50% of the gross sales of the business are from the
sale of alcohol, beer or wine.
[Added 9-16-2013 by Ord. No. 017-2013]
4. In accepting the one-time grant award, the applicant/licensee must
sign an agreement that, in the event any court determines that the
Village's business development grant program does not serve a public
purpose or is contrary to law, the applicant/licensee will, upon demand
by the Village, repay the one-time economic development grant to the
Village of Grafton.
H. For "Class A," Class "A," "Class B" and Class "B" licenses:
1. A license may be issued after July 1 in any license year. All licenses
shall expire on the following June 30. The fee for the license shall
be prorated according to the number of months or fractions thereof
remaining until the following June 30.
2. Licenses valid for up to six months may be issued at any time. The
fee for the license shall be 50% of the annual license fee. The license
may not be renewed during the calendar year in which issued.
I. Operator's license.
1. An operator's license is issued for the purpose of compliance with
§ 125.17, Wis. Stats. The licensing period shall be from
July 1 to June 30 for two consecutive years. The fee for an operator's
license shall be $50 for a full or partial licensing period.
[Amended 6-20-2011 by Ord. No. 016-2011]
2. Applications for operator's licenses shall be made in writing on
a form provided by the Village Clerk. The application form shall be
filed with the Village Clerk a minimum of seven days before the meeting
of the Village Board where such application shall be considered. Any
application received less than seven days before action is to be taken
will be held until the next meeting of the Village Board.
3. The Village Clerk shall forward the operator's license application
to the Grafton Police Department for a full background review of the
applicant. The Police Chief or his or her designee shall prepare a
report for Village Board review of the license request.
4. There is no distinction between Class A and Class B operator's licenses
in the application approval/denial process.
5. In addition to the terms and conditions of Ch.
125, Wis. Stats., and this chapter relating to the issuance of alcohol beverage operator's licenses, the following factors are hereby established to assist the Village Board in its consideration of applications for the issuance of an operator's license for use within the Village of Grafton.
6. An operator's license may be denied to any applicant who:
b.
Has not successfully completed a "responsible beverage server
training course";
c.
Submits an incomplete application or provides false information
on an application;
d.
Has an arrest or conviction record which substantially relates
to the circumstances of the licensed activity. For the purposes herein,
"offenses which substantially relate to the circumstances of the licensed
activity" shall include, but are not limited to, the following:
1.
A history of two or more non-felony alcohol-related convictions
within the past 60 months, as long as the most current conviction
or arrest is within the last 18 months;
2.
Any non-felony drug-related convictions or pending charges within
the last 12 months;
3.
Any non-felony convictions or pending charges within the last
12 months which involve resisting arrest, battery to a police officer,
or obstructing justice in direct connection to activity at a licensed
alcohol establishment;
4.
Two or more non-felony convictions or pending charges in the
last 36 months for disorderly behavior or domestic-violence-type offenses
if they occurred in direct connection to activity at a licensed alcohol
establishment or the use of alcohol and/or illegal drugs played a
role in the incident;
5.
One or more felony conviction(s) in the last five years involving
alcohol, drugs or other behavior which substantially relates to activity
at a licensed alcohol establishment; or
6.
Any other arrest or conviction that is reasonably determined
to be substantially related to the circumstances of the licensed activity.
7. Operator's license applicants that are denied a license may not reapply
for a license for six months from the date of the denial.
J. Temporary operator's license. A temporary operator's license is issued
for purposes of compliance with §§ 125.17(4), 125.32(2)
and 125.68(2), Wis. Stats. The Village Board may issue a temporary
operator's license to persons employed by or donating their services
to a nonprofit corporation. The license is valid for a period of from
one day to 14 days. There is no fee for such license.
K. Provisional operator's license. A provisional operator's license
is issued for the purposes of compliance with §§ 125.17(5),
125.32(2) and 125.68(2), Wis. Stats. The Village Clerk may issue a
provisional license to the applicant for a regular operator's license
in the event that the applicant's employment begins prior to the scheduled
date of approval of the regular operator's license. A provisional
license shall expire after 60 days or when the regular operator's
license is issued, whichever is sooner. The fee for such license shall
be $15.
[Amended at time of adoption of Code (see Ch. 1.01, Code
Adoption)]
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 licensees and,
unless sooner revoked, shall expire on June 30 thereafter, except
as otherwise provided. The license shall not be delivered until the
applicant shall produce and file with the Village Clerk a receipt
showing payment of the sum required therefor to the Director of Administrative
Services.
Every license issued under this chapter shall be posted and
at all times displayed as provided in § 125.04(10), Wis.
Stats.
[Amended by Ord. No. 005, Series 2003]
A. It shall be prohibited in a sexually oriented business, as defined in Chapter
9.35, Sexually Oriented Businesses, of the Code, to serve, sell, use, provide or consume any intoxicating liquor, cereal malt beverage or any other alcohol beverage.
B. Penalties. Any person, partnership or corporation who violates any
of the provisions of this section shall be subject to a forfeiture
of $500 plus court costs per violation. A separate offense and violation
shall be deemed committed on each day on which a violation occurs
or continues. In addition, a violation of this chapter constitutes
sufficient grounds for suspending, revoking or not renewing an alcohol
beverage license under § 125.12, Wis. Stats.
[Amended by Ord. No. 033, Series 1998]
A. Abandonment of premises.
1. Grounds for cancellation for non-use of license. Any Class A or Class
B fermented malt beverage and/or intoxicating liquor licenses granted
under this chapter may be canceled by the Village Board for the following
reasons:
a.
The subject premises is not open for business within 120 days
of the granting of such license; or
b.
The subject premises is not open for business for a period of
120 consecutive days or more; or
c.
The subject premises is not open for business at least 50% of
the days within any twelve-month period, either within a licensing
year or overlapping two licensing years.
2. Licenses issued under this chapter may be canceled in accordance with this section, unless after notice and hearing as provided in Subsection
B hereof the Village Board may determine that good cause exists for the failure of the licensee to be open for business for periods in excess of the minimums set forth herein. If such cause is found to exist, the Village 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). The provisions of this section will not apply to not-for-profit organizations.
B. Notice and hearing. Prior to the cancellation of any license, the
Village Clerk shall notify the licensee in writing of the Village's
intention to cancel the license for non-use 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 not be less than
15 days after the date of the notice. Such hearing shall be conducted
as provided in § 125.12(2)(b), Wis. Stats., or any amendments
thereto. Judicial reviews shall be provided as in § 125.12(2)(d),
Wis. Stats., or any amendments thereto.
[Amended by Ord. No. 033, Series 1998]
A. In addition to the regulations of Ch.
125, Wis. Stats., there is hereby established a point system for the purpose of guiding the Village Board in the suspension or revocation of alcohol beverage licenses. Demerit points shall be assessed in accordance with the violations set forth herein. The demerit point system is intended to identify habitually troublesome liquor licensees who repeatedly violate state statutes and/or Village of Grafton municipal ordinances and to allow the Board to take consistent action against said licensees.
B. There is hereby assigned the following demerit points for each type
of violation:
|
Type of Violations
|
Demerit Points
(per incident)
|
---|
|
Owner/employee convicted of any violation of Chapter 961 of
the Wisconsin Statutes/Uniform Controlled Substances Act, as amended
from time to time
|
125 points
|
|
Sale of alcohol without a license or permit: §§ 125.04(1), 125.66(1), Wis. Stats.; § 5.16.020 of this chapter
|
100 points
|
|
Conducting unlawful business
|
100 points
|
|
Refusal to allow police search of premises and/or refusal to
cooperate with lawful police investigation [Amended 2-25-2013 by Ord. No. 009-2013]
|
150 points
|
|
Sale of alcohol to intoxicated person: § 125.07(2), Wis. Stats.; § 5.16.050H of this chapter
|
100 points
|
|
Gambling/gambling paraphernalia on premises: § 945.04, Wis. Stats.; § 5.16.090A of this chapter
|
50 points
|
|
Sale of alcohol to person under the age of 21: § 125.07(1),
Wis. Stats.
|
50 points
|
|
Person under age 21 on premises: § 125.07(3), Wis.
Stats.
|
50 points
|
|
Intoxicated bartender
|
50 points
|
|
Failure to maintain order/disorderly conduct on premises: § 125.12(2), Wis. Stats.; § 5.16.090A of this chapter
|
50 points
|
|
Licensee, agent or licensed operator (bartender) not on premises at all times: §§ 125.32(2); 125.68(2), Wis. Stats.; § 5.16.090D.1 of this chapter
|
25 points
|
|
Open after hours, after-hours consumption and/or persons on premises after closing hours: § 125.32(3), Wis. Stats.; §§ 5.16.090E and 5.16.100 of this chapter
|
25 points
|
|
Violation of carry-out hours: § 125.68(4)(c)(3), Wis. Stats.; § 5.16.100B of this chapter
|
25 points
|
|
Other acts: exceeding capacity, noise complaints, etc.
|
25 points
|
|
Additional penalty for severe offenses.
|
200 points
|
|
|
There shall be an additional penalty for conduct which:
|
|
|
|
|
1.
|
Results in bodily harm to any individual;
|
|
|
|
|
2.
|
Creates a substantial risk of death or bodily harm; or
|
|
|
|
|
3.
|
Involves the use of a firearm or other dangerous weapon.
|
|
C. Calculating violations. Demerit points shall be assessed against
the holder or registered agent for a license held by a corporation
of a retail or operator's license based upon entry of a judgment of
conviction for violating a provision of the Grafton Municipal Code
or the Wisconsin Statutes. The demerit points shall be assessed in
accordance with the terms and conditions of this chapter and shall
be assessed at the expiration of the time period allowed for taking
appeal of the conviction or convictions or the conclusion of any appeal
in which the conviction is affirmed. Demerit points shall be assessed
against the licensee based on either convictions of the licensee or
for convictions of the licensee's agents or employees; provided, however,
that in the case of an agent or employee an element of the offense
for which such person is convicted occurred on the licensed premises
or with the knowledge and consent of the licensee.
[Amended at time of adoption of Code (see Ch. 1.01, Code
Adoption)]
D. The Police Department shall notify the Village Board of any convictions
which result in the assessment of demerit points against any licensee.
Following this notification or the filing of a complaint pursuant
to § 125.12, Wis. Stats., the Village Board shall hold a
hearing, if required, and shall take the following action after determining
the number of demerit points to be assessed against the licensee:
1. For demerit points totaling 25 to 149 within a twelve-month period,
a warning shall be given to the licensee of the consequences of additional
violations.
2. For demerit points totaling 150 to 199 within a twelve-month period,
the Village Board shall suspend the license for a period of not less
than 10 days nor more than 60 days.
3. For demerit points totaling 200 to 300 within an eighteen-month period,
the Village Board shall suspend the license for a period of not less
than 60 days nor more than 120 days.
4. For demerit points totaling over 300 within a twenty-four-month period,
the Village Board shall revoke the license.
5. Any conviction of the holder or registered agent for a license held by a corporation of the retail or operator's license of an offense under Ch.
125 or 139, Wis. Stats., or any other federal or state liquor or fermented malt beverage law, shall be considered a conviction under this subsection and shall result in the assessment of demerit points. For purposes of this subsection, demerit points will be assessed as of the date of the violation for which a judgment of conviction is finally entered or affirmed, regardless of the date on which judgment of conviction is entered or affirmed on appeal.
[Amended at time of adoption of Code (see Ch. 1.01, Code
Adoption)]
E. Effect of revocation of license.
1. Whenever any license is revoked, at least 12 months shall elapse
before another license shall be granted to the person whose license
was revoked.
2. In the case of the revocation of any license issued under the provisions
of this chapter, no refund shall be made of the license fee for the
remaining unused license period.
3. Nothing in this section shall be construed to conflict with, abridge
or modify the rights or procedures established for revocation or suspension
of licenses in § 125.12, Wis. Stats.
The provisions of § 125.12(1), Wis. Stats., are incorporated by reference in their entirety. Whenever the Village Board or Municipal Court revokes or suspends a license or permit or imposes a penalty on a licensee or permittee for the violation of this chapter or Ch.
125, Wis. Stats., the Village Clerk or the Clerk of the Municipal Court shall, within 10 days after the revocation, suspension or imposition of the penalty, mail a report to the Department of Revenue at Madison, Wisconsin, giving the name of the licensee, the address of the licensed premises and a full description of the penalty imposed.
[Amended by Ord. No. A-024-92, 1992]
The Village Board may refuse to grant a new license or renew
an existing license for the causes provided in § 125.12(2)(a),
Wis. Stats. Prior to the time for the granting of a new license or
the renewal of the existing license, the Village Board shall direct
the Village Clerk to notify the licensee in writing of the Village's
intention not to grant or renew the license. A provision shall be
made to provide the licensee with an opportunity for a hearing on
this matter. The notice shall state the reasons for the intended action.
The hearing shall be conducted as provided in § 125.12(2)(b),
Wis. Stats., and judicial review shall be as provided in § 125.12(2)(d),
Wis. Stats.
A violation of this chapter by a duly authorized agent or employee
of the licensee shall constitute a violation by the licensee or permit
holder.
[Amended at time of adoption of Code (see Ch. 1.01, Code
Adoption)]
Except as otherwise provided for in this chapter, any person who himself or by his agents or employees violates any provisions of this chapter shall, upon conviction thereof, be subject to the general penalty in Chapter
1.08 of this Code.