[HISTORY: Adopted by the Village Board of the Village of Grantsburg at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
GENERAL REFERENCES
Adult-oriented establishments — See Ch. 185.
Public entertainment — See Ch. 280.
Juveniles — See Ch. 344.
Nuisances — See Ch. 387.
Parks and recreation — See Ch. 396.
Peace and good order — See Ch. 407.
The provisions of Ch. 125, Wis. Stats., 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," "cider," "chamber of commerce," "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 and 125.51, Wis. Stats.
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 set by the Village Board, shall permit the holder to sell, deal or traffic in intoxicating liquors or fermented malt beverages as provided in §§ 125.04(5) and (6), 125.17, 125.26(2), 125.32(2), 125.51(2) and (3) and 125.68(2), Wis. Stats.:
A. 
Retail "Class A" intoxicating liquor license.
(1) 
A retail "Class A" intoxicating liquor license, when issued by the Village Clerk 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.
(2) 
Customer samples. A "Class A" license authorizes the licensee to provide, free of charge, to customers and visitors who have attained the legal drinking age, taste samples of intoxicating liquor other than wine that are not in original packages or containers and that do not exceed 0.5 fluid ounce each, for consumption on the "Class A" premises. No "Class A" licensee may provide more than one such taste sample per day to any one person. Taste samples may be provided only between the hours of 11:00 a.m. and 7:00 p.m. Any representative of a manufacturer, rectifier, winery, or out-of-state shipper issued a permit under § 125.52, 125.53, or 125.58, Wis. Stats., may assist the "Class A" licensee in dispensing or serving the taste samples. No "Class A" licensee may provide as taste samples under this subsection intoxicating liquor other than wine that the "Class A" licensee did not purchase from a wholesaler.
B. 
Retail "Class A" intoxicating liquor license for cider only. A "Class A" intoxicating liquor license issued under this subsection shall entitle the holder to sell, deal and traffic in cider only, and only in original packages or containers and to be consumed off the premises so licensed. A retail "Class A" intoxicating liquor license for cider only shall be granted to an applicant who holds a Class "A" fermented malt beverage retailer's license issued under § 125.25, Wis. Stats., or under Subsection E of this section, for the same premises for which the "Class A" license application is made.
C. 
Retail "Class B" intoxicating liquor license. A retail "Class B" intoxicating liquor license, when issued by the Village Clerk 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.
D. 
Reserve "Class B" license. A reserve "Class B" license means a license that is not granted or issued by the Village of Grantsburg on December 1, 1997, and that is counted under § 125.51(4)(br), Wis. Stats., which, if granted or issued, 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 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.
E. 
Class "A" fermented malt beverage retailer's license.
(1) 
A Class "A" fermented malt beverage retailer's license, when issued by the Village Clerk 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. Such license may be issued after July 1. The license shall expire on the following June 30.
(2) 
Customer samples. A Class "A" license also authorizes the licensee to provide, free of charge to customers and visitors who have attained the legal drinking age, fermented malt beverages taste samples that are not in original packages, containers, or bottles and that do not exceed three fluid ounces each, for consumption on the Class "A" premises. No Class "A" licensee may provide more than two taste samples per day to any one person. Taste samples may be provided under this subsection only between the hours of 11:00 a.m. and 7:00 p.m. Any other regulatory provision applicable to retail sales of fermented malt beverages by a Class "A" licensee also applies to the provision of taste samples, free of charge, of fermented malt beverages by a Class "A" licensee.
F. 
Class "B" fermented malt beverage retailer's license.
(1) 
A Class "B" fermented malt beverage retailer's license, when issued by the Village Clerk under the authority of the Village Board, shall entitle the holder thereof to possess, sell or offer for sale fermented malt beverages, to be consumed either 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.
G. 
Special Class "B" fermented malt beverage picnic license.
(1) 
License. A special Class "B" picnic license, when issued by the Village Clerk under authority of the Village Board, as provided for in § 125.26(6), Wis. Stats., shall entitle the holder thereof to possess, sell or offer for sale fermented malt beverages at a particular picnic, post meeting, fair or similar gathering. Such license may be issued to bona fide clubs, 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. Such license is valid for dates as approved by the Village Board. Irrespective of other sections of this article, the Village Board is hereby authorized to issue a fermented malt beverage license to any local civic or any local religious or any local not-for-profit organization pursuant to this subsection.
(2) 
Application.
(a) 
Application for such temporary 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 together with the appropriate license fee for each day for which the license is sought. Any denial of a license may be appealed to the Village Board under § 330-10. Any application not filed at least five days before the date of the licensed event may not provide enough time for the Village Clerk to take action on the application, and any application not filed at least 45 days before the date of the licensed event may not provide enough time for the applicant to appeal any denial of license by the Village Clerk.
(b) 
Any person fronting for any group other than the one applied for shall, upon conviction thereof, be subject to a forfeiture of $200 and will be ineligible to apply for a temporary Class "B" license for one year.
(c) 
The temporary 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 for events of more than four consecutive days.
(d) 
If the application is for a temporary license to be used in a Village park, the applicant shall specify the main point of sale facility.
(e) 
The Village Board or other official authorized to issue temporary Class "B" fermented malt beverage licenses may issue to a qualified organization a temporary Class "B" fermented malt beverage license for a multiple-location, single-day event on a specific date and time for the purpose of conducting a "beer walk." For such an event to occur:
[1] 
The temporary Class "B" fermented malt beverage licenses must be issued by the Village to the same qualified organization which is the licensee and sponsor of the multiple-location, single-day event.
[2] 
The temporary Class "B" fermented malt beverage licenses must be issued for the same date and time.
[3] 
An admission fee shall be charged for participation in the event. No additional charge can be charged for service of alcohol at the event.
[4] 
There is no limit to the number of temporary Class "B" fermented malt beverage licenses the Village may issue to a qualified organization.
(f) 
Temporary Class "B" licensees must purchase all beer from beer wholesalers or breweries/brewpubs authorized to self-distribute to retail licensees.
H. 
Temporary "Class B" wine license.
(1) 
License.
(a) 
Notwithstanding § 125.68(3), Wis. Stats., temporary "Class B" wine 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 the 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. An eligible organization may obtain a temporary Class "B" fermented malt beverage license.
(b) 
No fee may be charged to a person who, at the same time, applies for a temporary Class "B" fermented malt beverage 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 from leased stands on the fairgrounds.
(c) 
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 from the stands while the fair is being held.
(d) 
Not more than two such licenses may be issued under this subsection to any club, chamber of commerce, county or local fair association, agricultural association, church, lodge, society or veterans' post in any twelve-month period.
(e) 
An applicant may receive up to 20 temporary licenses for the purposes of conducting a "wine walk" if all of the following apply:
[1] 
Each license is issued for the same date and times and the licensee is the sponsor of an event held at multiple locations within the municipality on this date and at these times.
[2] 
An admission fee is charged for participation in the event and no additional fee is charged for service of alcohol at the event.
[3] 
Within the immediately preceding twelve-month period, the Village has issued licenses under authority of this subsection for fewer than two events.
[4] 
The duration of an event may not exceed one day.
[5] 
Multiple licenses issued under this subsection count as one license for purposes of Subsection H(1)(d).
(2) 
Application.
(a) 
Application for such temporary wine 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 together with the appropriate license fee for each day for which the license is sought. Any application not filed at least five business days before the desired date of the license may not provide enough time for the Village Clerk to take action on the application. Any denial of a license may be appealed to the Village Board under § 330-10.
(b) 
Any person fronting for any group other than the one applied for shall, upon conviction thereof, be subject to a forfeiture of $200 and shall be ineligible to apply for a temporary "Class B" wine license for one year.
(c) 
The license shall specify the hours and dates of license validity.
(d) 
If the application is for a license to be used in a Village park, the applicant shall specify the main point of sale facility.
(e) 
The Village Board or other official authorized by the Village Board to issue temporary "Class B" wine licenses may authorize an underage person to enter and remain on the premises so licensed if all of the following apply:
[1] 
The Village Board issuing the license, or other official authorized by the Village Board, authorizes the licensee to permit underage persons to be on the licensed premises for the purpose of acting as designated drivers.
[2] 
The licensee permits on the licensed premises unaccompanied underage persons to be present only for the purpose of acting as designated drivers and the licensee provides a means of identification, such as a wrist band, to identify such underage persons as designated drivers.
[3] 
The underage person is present on the licensed premises to act as a designated driver and displays the means of identification specified herein.
(f) 
Temporary "Class B" licensees must purchase all wine from wine wholesalers or other entities authorized to self-distribute wine to retail licensees.
I. 
Retail "Class C" wine license.
(1) 
In this subsection, "barroom" means a room that is primarily used for the sale or consumption of alcohol beverages.
(2) 
A "Class C" wine license, when issued by the Village Clerk under the authority of the Village Board, shall entitle the holder thereof to sell 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 Village's quota prohibits the Village 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.
J. 
Provisional retail license.
(1) 
Persons eligible. A person who has applied for a Class "A" or Class "B" retail license may apply for a provisional retail license as provided under this subsection.
(2) 
Application. Application for a provisional retail license shall be made to the Village Clerk on such form as the Clerk may provide and shall be accompanied by a fee prescribed in the Village of Grantsburg's Schedule of Fees.
(3) 
Village Clerk authorized to issue provisional retail license. A provisional retail license may be issued to an applicant by the Village Clerk or the Clerk's designee upon written application and upon Village Board approval. The provisional license may only permit those activities which are of the same type as are authorized by the type of retail license applied for.
(4) 
Form. All provisional retail licenses may be numbered in the order in which they are issued and shall state clearly the date of issuance, the fee paid and the expiration date.
(5) 
Standards.
(a) 
The applicant must be at least 21 years of age, a resident of this state, and must have applied for a retail license. If the applicant is a business, the designated agent must be at least 21 years of age and a resident of this state.
(b) 
No provisional retail license shall be granted if the applicant or a business applicant's agent has been denied a retail license by the Village Board or if the applicant, subject to §§ 111.321, 111.322 and 111.335, Wis. Stats., has an arrest or conviction record of alcohol offense(s) within the last three years.
(c) 
No provisional Class "B" retail license shall be granted if the Village's quota under § 125.51(4), Wis. Stats., prohibits the Village from issuing a Class "B" license.
(d) 
No person may hold more than one provisional retail license for each type of license applied for by the holder per license year.
(6) 
Expiration. The provisional retail license shall expire either 60 days from the date of issuance or when a retail license is issued by the Village Board, whichever occurs sooner.
(7) 
Revocation.
(a) 
The Village Clerk shall immediately revoke the provisional retail license if it is discovered that the holder of the license made a false statement on the application.
(b) 
The Village Clerk shall revoke the provisional retail license in the event the Village Board denies the applicant's application for a retail license.
(c) 
Revocation of the provisional retail license shall become effective upon the mailing of the notice of revocation by the Village Clerk.
License fees shall be set by the Village Board. The current fee schedule shall be on file in the Village Clerk's office.
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 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 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 once 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 for any license, 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. No more than the number of licenses permitted under Ch. 125, Wis. Stats., shall be granted by the Village.
A. 
Residency requirements. All classes of alcohol beverage licenses will only be issued to those individuals who are citizens of the United States and meet the residency requirements of the State of Wisconsin per § 125.04(5)(a)2, Wis. Stats.
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.
(1) 
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.
(2) 
Any person applying for a "Class B" intoxicating liquor license shall have a premises at the time application is made or within the license year. In the event a building permit for construction or remodeling has been issued and substantial progress is being made on such construction or remodeling, the licensee shall be considered to meet the requirement of having a premises. In the event such licensee does not so obtain a premises, such license shall be subject to revocation or nonrenewal.
D. 
Age of applicant. No alcohol beverage licenses shall be granted to any underage person as defined by the 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), Wis. Stats., and the officers and directors of the corporation meet the qualifications of § 125.04(5)(a)1 and 3 and (b), Wis. Stats., and unless the agent of the corporation appointed under § 125.04(6), Wis. Stats., meets the qualification under § 125.04(5)(a)2, Wis. Stats. The requirement that the corporation meet the qualifications under § 125.04(5)(a)1 and (b), Wis. Stats., 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 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 qualification. 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 and 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 do not apply to any of the following:
(1) 
A hotel.
(2) 
A restaurant, whether or not it is part of or located in any mercantile establishment.
(3) 
A combination grocery store and tavern.
(4) 
A combination sporting goods store and tavern in towns, villages and fourth-class cities.
(5) 
A combination novelty store and tavern.
(6) 
A bowling alley or recreation premises.
(7) 
A club, society or lodge that has been in existence for six months or more prior to the date of filing application for the Class "B" license or permit.
The Village Clerk shall notify the Chief of Police, Building Inspector and Chief of the Fire Department of each new application, and these officials shall inspect or cause to be inspected each application and the premises, together with such other investigation as shall be necessary to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto, including those governing sanitation in restaurants, and whether the applicant is a proper recipient of a license. These officials shall furnish, in writing, to the Village Clerk, who shall forward to the Village Board, the information derived from such investigation, accompanied by a recommendation as to whether a license should be granted or refused. No license shall be renewed without a reinspection of the premises and report as originally required.
A. 
No license shall be issued 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 Agriculture, Trade and Consumer Protection applicable to restaurants. The premises must be properly lighted and ventilated, must be equipped with sanitary toilet and lavatory facilities equipped with running water and must conform to all ordinances of the Village.
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; and
(4) 
Generally, the applicant's fitness for the trust to be reposed.
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, 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 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. Proceedings for such transfer shall be had in the same form and manner as the original application. The fee for such transfer is set by the Village Board. Whenever a license is transferred, the Village Clerk 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 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 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 and the Wisconsin Department of Revenue.
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," "Class B" and "Class C" 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. Except as otherwise authorized by §§ 125.32 and 125.68, Wis. Stats., 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. Family members may work on the licensed premises but are not permitted to sell or dispense alcohol beverages.
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.
D. 
Licensed operator on premises. There shall be upon premises operated under a Class "B," "Class B" or "Class C" license, at all times, the licensee, members of the licensee's immediate family who have attained the legal drinking age, and/or some person who shall have an operator's license and who shall be responsible for the acts of all persons serving as waiters, or in any other manner, any fermented malt beverages to customers. No person other than the licensee shall serve fermented malt beverages in any place operated under a Class "B" license unless he possesses an operator's license or there is a person with an operator's license upon said premises at the time of such service.
E. 
Health and sanitation regulations. The rules and regulations of the State Department of Agriculture, Trade and Consumer Protection governing sanitation in restaurants shall apply to all "Class B" or "Class C" liquor 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.
F. 
Restrictions near schools. 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 or parochial school. Such distance shall be measured by the shortest route along the highway from the closest point of the main entrance to such school 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 the occupation of real property within 300 feet thereof by any school building, hospital building or church building.
G. 
Clubs. No club shall sell or give away any intoxicating liquor except to bona fide members and guests invited by members.
H. 
Gambling prohibited. 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.
I. 
Credit prohibited. No retail Class "A," Class "B," "Class A," "Class B" or "Class C" liquor 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.
J. 
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.
K. 
Indoor pyrotechnic displays prohibited. No indoor pyrotechnic display or fireworks display of any kind is allowed in the licensed premises or any licensed property attached to the licensed premises.
L. 
Unobstructed view window. Every licensed premises shall have a minimum of one clear, unobstructed and unshaded window through which to view the interior premises from the exterior.
M. 
Separate liquor sales area. After the effective date of this article, licensees holding a "Class A" or "Class B" intoxicating liquor license shall maintain an intoxicating liquor package goods sales area separate and distinct from other retail sales areas or keep such liquor package goods displayed behind the sales counter.
Annotation: See Colonnade Catering Corp. v. United States, 397 U.S. 72, 90 S. Ct. 774 (1970); and State v. Erickson, 101 Wis. 2d 224 (1981), for guidelines for warrantless searches of licensed premises.
Closing hours shall be established in conformance with §§ 125.32(3) and 125.68(4), Wis. Stats., and further restricted as follows:
A. 
Class "B," "Class B" and "Class C" licenses.
(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., except Saturdays and Sundays when the closing hours shall be between 2:30 a.m. and 6:00 a.m.
(2) 
Hotels and restaurants whose principal business is the furnishing of food or lodging to patrons shall be permitted to 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.
(3) 
No person may serve wine after 9:00 p.m. on premises licensed by a temporary "Class B" wine license issued as provided in § 125.51(10)(b) and § 330-4H of this article.
B. 
Class "A" and "Class A" licenses. "Class A" liquor licensed premises may remain open for the conduct of their regular business daily between the hours of 6:00 a.m. and 9:00 p.m., and Class "A" fermented malt beverage licensed premises between the hours of 6:00 a.m. and 12:00 midnight.
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 Grantsburg except through the issuance of a temporary Class "B" permit issued by the Village Board in accordance with Wisconsin Statutes and as set forth in this section. A temporary Class "B" permit authorizing the sale and consumption of beer on Village-owned property or privately owned property may be authorized by the Village Board, provided that 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 Article II of this chapter.
B. 
Posting of signs and permits. All organizations issued a permit 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.
(1) 
All organizations shall install a double fence around the main point of sale to control ingress and egress and shall continually station a licensed operator or security guard at the entrance for the purpose of checking age identification. There shall be only one point of ingress and egress. The double fence shall be a minimum of four feet high and a minimum of six feet between fences. A single eight-foot chain-link fence may be used to meet the fence requirements.
(2) 
For indoor events, the structure used shall have suitable exits and open spaces to accommodate anticipated attendance. It should contain adequate sanitary facilities to accommodate the size of the group.
D. 
Underage persons prohibited. No underage person as defined by the Wisconsin Statutes shall be allowed to assist in the sale of fermented malt beverages at any point of sale, except for a person holding a valid operator's license, nor shall underage persons be allowed to loiter or linger in the area of any point of sale.
E. 
Licensed operator 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. 
Permitted cups or cans only. Intoxicants will be sold only in foam or plastic cups or cans.
H. 
Additional requirements. In addition, requesting organizations shall comply with the following:
(1) 
When the event sponsored by the requesting organization is to take place on Village park property, the organization shall work closely with the Village officials in locating, setting up and identifying the size of the snow fence area. Such information shall be made part of the temporary Class "B" permit application.
(2) 
When the event sponsored by the requesting organization is to take place on Village-owned property other than park property and/or privately owned property, the organization shall work closely with the Police Department in locating and setting up the snow fence area. The Chief of Police shall work closely with the requesting organization in identifying the size of the fenced-in area and the exact location. Such information shall be made part of the temporary Class "B" permit application. For indoor events, the structure used must have suitable exits and open spaces to accommodate anticipated attendance. It shall contain adequate sanitary facilities to accommodate the size of the group.
I. 
Insurance. The applicant for a temporary Class "B" permit may be required to indemnify, defend and hold the Village and its employees and agents harmless against all claims for the death of any person or any damage to property caused by or resulting from the activities for which the permit is granted. As evidence of the applicant's ability to perform the conditions of the permit, the applicant may be required to furnish a certificate of comprehensive general liability insurance to the Village of Grantsburg. The applicant may be required to furnish a performance bond prior to being granted the permit.
A. 
Purpose. The Village Board finds that restrictions are necessary for outdoor beer/beverage gardens and sports activities at premises holding "Class B" and Class "B" liquor and fermented malt beverage or "Class C" wine licenses due to concerns arising from noise, density and related problems. This section enacted pursuant to police power provides a framework for issuance of permits and regulatory controls for such outdoor sports and beer/beverage garden activities.
B. 
Approval required.
(1) 
Generally. No licensee shall conduct or sponsor any outdoor sports activity or event or beer/beverage garden on property forming any part of the real property on which the licensed premises exists without the prior approval of the Village Board and issuance of a permit pursuant to this section.
(2) 
Permit required for beer/beverage garden outdoor consumption. No licensee shall permit the consumption of alcohol beverages on any part of the licensed premises not enclosed within the building, except under a beer/beverage garden permit granted by the Village Board. The permits are a privilege in which no rights vest and, therefore, may be revoked by the Village Board at its pleasure at any time or shall otherwise expire on June 30 of each year. No person shall consume or have in his possession alcohol beverages on any unenclosed part of a licensed premises which is not described in a valid beer/beverage garden permit or outdoor sports activity permit. The Village Board may also issue limited duration beer/beverage garden or outdoor sports activity permits for specified times for special events to be conducted on outdoor areas at licensed areas.
C. 
Application. If a licensee shall conduct or sponsor any outdoor sports activity or event or beer/beverage garden on the licensee's property, the licensee shall file an application with the Village Clerk setting forth the following information:
(1) 
The name, address and telephone number of the person or persons who will be responsible for the actual conduct of the activity or event;
(2) 
The date and duration of time for the proposed activity or event;
(3) 
An accurate description of that portion of the licensee's property proposed to be used;
(4) 
A good faith estimate of the number of users, participants and spectators for the beer/beverage garden or proposed activity or event; and
(5) 
The licensee's plan for maintaining the cleanliness of the licensed area.
D. 
Time for filing. The licensee shall file the application not less than 15 days before the date of the proposed activity or event. The Village Board may waive the fifteen-day time limit upon a licensee's showing of exigent circumstances. The application shall be accompanied by payment of a fee as prescribed in the Village of Grantsburg's Schedule of Fees for review of the application. The applicant may request that an annual permit be issued for the beer/beverage garden or outdoor sports activities. Annual permits shall be renewed at the same time the license is renewed.
E. 
Review. The Village Board shall review the application in light of the standards of this section. If the nature of the property or the event requires the imposition of additional regulations, the Village Board may impose these regulations upon an express finding detailing the reasons for additional regulation. All property owners within 150 feet of the proposed beer/beverage garden or outside sports facility shall be notified of the pendency of an application for a permit by first-class mail.
F. 
Outdoor sports activity standards. The following standards shall apply to any outdoor sports activity regulated under this section:
(1) 
The outdoor sale of alcohol beverages (bar setup) in the outdoor sports activity area is not permitted unless approved by the Village Board for each special outdoor sports activity event. Approval of an application shall not act to permit outdoor consumption of alcohol beverages on the property beyond the area specifically authorized by permit pursuant to this section. A licensed operator shall be responsible for policing the outdoor sports activity at all times during which it is open for operation.
(2) 
If the estimated number of participants and spectators shall bring the number of persons on the property above the number for which the licensed premises' rest room facilities are rated adequate, the licensee shall provide a number of portable temporary rest rooms sufficient to serve the estimated number of persons.
(3) 
The Village Board shall not grant approval to any applicant whose property on which the activity or event is proposed is adjacent to any property zoned residential or on which a residential use exists as a nonconforming use, or within 50 feet of any property zoned residential or on which a residential use exists as a nonconforming use. Fencing may be required by the Village Board as a condition of permit issuance.
(4) 
The licensee shall provide parking adequate for the proposed activity or event, whether on site or through agreements with property owners shown to the Village Board's satisfaction to permit the licensee's property to be used for parking for the proposed activity or event.
(5) 
The applicant shall show the Village Board plans adequate to provide reasonable access to participants and spectators for the event, and to limit access for all other persons.
(6) 
The licensee shall clean up all garbage and debris relating to the activity or event at least once per 24 hours during the activity or event.
(7) 
The licensee shall not permit the noise level of the sports activity or event to exceed 75 dB, measured at any border of the licensee's real property. Amplified music or sound is not permitted.
(8) 
As a condition of approval, the Village Board shall approve the type of outdoor lighting to be used.
(9) 
Outdoor volleyball courts, horseshoe pits, or other athletic areas licensed as premises shall cease operation after 11:00 p.m. of each day in such outdoor areas. In addition, no amplified sound shall be permitted in the outdoor premises.
G. 
Standards for issuance of beer/beverage garden permits.
(1) 
The outdoor sale of alcohol beverages (bar setup) in the beer/beverage garden is not permitted unless approved by the Village Board for each special event. Approval of the application shall not act to permit outdoor consumption of alcohol beverages on the property beyond the area specifically authorized by permit pursuant to this section.
(2) 
No permit shall be issued for a beer/beverage garden if any part of the beer/beverage garden is within 100 feet of a structure used for residential purposes, except residential uses located in the same structure as the licensed premises or located on a commercially zoned parcel.
(3) 
No permit shall be issued for a beer/beverage garden if the beer/beverage garden area is greater than 50% of the gross floor area of the adjoining interior/enclosed licensed premises.
(4) 
Each applicant for a beer/beverage garden permit shall accurately describe the area intended for use as a beer/beverage garden and shall indicate the nature of fencing or other measures intended to provide control over the operation of the beer/beverage garden.
(5) 
No amplified sound or music is permitted outside the enclosed (building) premises, without a special permit granted by the Village Board each time with hours to be set. Amplified sound or music is not permitted in the beer/beverage garden. As a condition of approval, the Village Board shall approve the type of outdoor lighting to be used.
(6) 
A licensed operator shall be responsible for policing the beer/beverage garden at all times during which the beer/beverage garden is in operation.
H. 
Fencing.
(1) 
A Class "B" fermented malt beverage and/or intoxicating liquor or "Class C" wine license holder whose premises are expanded to front, rear and/or side yard outdoor areas such as patios, volleyball pits, outdoor sports areas, beer/beverage gardens and the like may be required to install fencing around the perimeter of the outside premises. Such fencing may consist of Village Board approved wire mesh, solid vegetation, wood, plastic, or other similar material or a wall which will provide for an enclosed area on the outside of the licensed premises. Such barrier shall be a minimum of six feet in height. The Village Board may modify or waive these fencing/screening requirements.
(2) 
Prior to installation of such fencing, screening or wall, a diagram of the proposed barrier shall be submitted to the Village to ensure that the proposed barrier will adequately protect neighbors, limit noise, and prevent or limit access by underage individuals, while still providing sufficient visibility to law enforcement and other authorities to ensure the premises is complying with alcohol beverage and other requirements.
(3) 
In lieu of the fencing or barrier required above, the Village may authorize the use of security personnel to patrol such outdoor premises on a full-time basis during such times that the outdoor premises is open for business.
(4) 
Access to the outdoor beer/beverage garden or sports activity area shall only be through the main entrance to the "Class B" intoxicating liquor, Class "B" fermented malt beverage, and "Class C" wine licensed premises.
I. 
State statutes enforced within beer/beverage gardens. Every licensee under this section shall comply with and enforce all provisions of Ch. 125, Wis. Stats., applicable to Class "B" licensed premises, except insofar as such provisions are clearly inapplicable. Violation of the provisions of Ch. 125, Wis. Stats., shall be grounds for immediate revocation of the outdoor sports activity or beer/beverage garden permit by the Village Board.
J. 
Authority of police to order area closed. Officers of the Police Department shall have the authority to order any outdoor area regulated under this section to be closed down at any time the officer believes its continued operation is in violation of this section, any other applicable Village ordinance, or provisions of Ch. 125, Wis. Stats.
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 and by Ch. 125, Wis. Stats.
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.
D. 
Point values for alcohol beverage violations; revocations and suspensions.
(1) 
Purpose and definitions. The purpose of this subsection is to administratively interpret those portions of this article relating to the establishment of an alcohol beverage demerit point system to assist in determining which license holders should be subject to suspension or revocation procedures.
(2) 
Point schedule. The scale of demerit points is listed according to the type of alcohol beverage violation. This demerit point system is used to identify habitually troublesome license holders who have repeatedly violated state statutes and Village ordinances for the purpose of recommending suspension or revocation of their alcohol beverage licenses.
Type of Violation
Point Value
Sale of alcohol beverages without license or permit; sale of controlled substances on licensed premises
100
Sale of alcohol beverages to underage person
50
Sale of alcohol beverages to intoxicated person
50
Underage person on premises
50
Intoxicated bartender
50
Disorderly conduct on premises
50
After hours consumption
50
Refusal to allow police to search premises or refusal to cooperate with lawful police investigation
50
Licensee, agent or operator not on premises at all times
25
Persons on premises after closing hours
25
Violations of carry-out hours
25
Licensee permitting person to leave licensed premises with open alcohol beverage
25
All other violations of this article
25
(3) 
Calculation of violations. In determining the accumulated demerit points against a licensee within 12 months, the Village shall use the date each violation was committed as the basis for the determination.
(4) 
Suspension or revocation of license.
(a) 
The Village Board shall call before it for purposes of revocation or suspension hearing all licensees who have accumulated 200 points in a twelve-month period as a result of court-imposed convictions.
(b) 
If the demerit point accumulation calculated from the date of violation amounts to 200 points in a twelve-month period, a suspension of 30 days will be imposed. If the demerit point accumulation is 250 points (calculated from the date of violation) in a twenty-four-month period, a suspension of 60 days shall be imposed. If the demerit point accumulation in a thirty-six-month period is 300 points, the suspension shall be for the maximum allowed by law, which is 90 days. If the license is revoked no other license shall be granted to such licensee or for such premises for a period of 12 months from the date of revocation.
(c) 
The procedure to be used for suspension or revocation shall be that found in Subsection C above.
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 Clerk 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 non-alcohol 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 Clerk during normal business hours and shall be given on forms prescribed by the Village. After a non-alcohol event notice has been given, the licensee may cancel an event(s) only by giving like notice to the Village Clerk 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," "Class B" or "Class C" license.
B. 
During the period of any non-alcohol event a notice card prescribed by the Village shall be posed 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 non-alcohol 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 non-alcohol 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 disconnected, disabled or made inoperable.
A. 
Authority, findings and intent.
(1) 
The Village Board of the Village of Grantsburg has explicit authority under § 125.10(1), Wis. Stats., to adopt regulations governing the sale of alcohol beverages which are in addition to those set forth in Ch. 125, Wis. Stats.
(2) 
The Village Board has authority under its general police powers set forth in Ch. 61, Wis. Stats., to act for the good order of the municipality and for the health, safety and welfare of the public and may carry out its powers by regulation and suppression.
(3) 
The Village Board recognizes it lacks authority to regulate obscenity and does not intend by adopting this section to regulate obscenity, since nudity in and of itself is not obscene. It declares its intent to enact an ordinance addressing the secondary effects of live, totally nude, non-obscene, erotic dancing in bars and taverns.
(4) 
Bars and taverns featuring live, totally nude, non-obscene, erotic dancing have in other communities tended to further the increase of criminal and other offensive activity, to disrupt the peace and order of the communities, to depreciate the value of real property, to harm the economic welfare of the communities and to negatively affect the quality of life of the communities, and such secondary effects are detrimental to the public health, safety and general welfare of citizens.
(5) 
The Village Board recognizes that the United States Supreme Court has held that nude dancing is expressive conduct within the outer perimeters of the First Amendment to the United States Constitution and therefore entitled to some limited protection under the First Amendment, and the governing body further recognizes that freedom of speech is among our most precious and highly protected rights, and wishes to act consistently with full protection of those rights.
(6) 
However, the Village Board is aware, based on the experiences of other communities, that bars and taverns in which live, totally nude, non-obscene, erotic dancing occurs may and do generate secondary effects which the governing body believes are detrimental to the public health, safety and welfare of the citizens of the Village of Grantsburg. Among these secondary effects are:
(a) 
The potential increase in prostitution and other sex-related offenses, as well as other crimes and offenses;
(b) 
The potential depreciation of property values in neighborhoods where bars and taverns featuring nude dancing exist;
(c) 
Health risks associated with the spread of sexually transmitted diseases; and
(d) 
The potential for infiltration by organized crime for the purpose of unlawful conduct.
(7) 
The Village Board desires to minimize, prevent and control these adverse effects and thereby protect the health, safety and general welfare of the citizens of the Village of Grantsburg; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight.
(8) 
The Village Board has determined that enactment of an ordinance prohibiting live, totally nude, non-obscene, erotic dancing in bars and taverns licensed to serve alcohol beverages promotes the goal of minimizing, preventing and controlling the negative secondary effects associated with such activity.
B. 
Nude dancing in licensed establishments 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/her genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering;
(2) 
Shows any portion of the female breast below a point immediately above the top of the areola; or
(3) 
Shows the covered male genitals in a discernibly turgid state.
C. 
Exemptions. The provisions of this section do not apply to the following licensed establishments: theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis 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 to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.
D. 
Definitions. For purposes of this section, the term "licensed establishment" means any establishment licensed by the Village Board of the Village of Grantsburg to sell alcohol beverages pursuant to Ch. 125, Wis. Stats. The term "licensee" means the holder of a retail "Class A," "Class B," Class "A" or "Class C" license granted by the Village Board of the Village of Grantsburg pursuant to Ch. 125, Wis. Stats.
E. 
Penalties. Any person, partnership or corporation who or which violates any of the provisions of this section shall be subject to forfeiture pursuant to § 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 not renewing an alcohol beverage license under § 125.12, Wis. Stats.
A. 
Operator's license required. There shall be upon the premises operated under a "Class A" or "Class B" intoxicating liquor license or Class "B" fermented malt beverage license or "Class C" wine license at all times the licensee or some other person who shall have an operator's license and who shall be responsible for the acts of all persons serving or selling any intoxicating liquor or fermented malt beverages to customers. No person other than the licensee shall serve or sell fermented malt beverages or intoxicating liquor in any place operated under the "Class A," "Class B," Class "B" or "Class C" license unless he shall possess an operator's license or unless he shall be under the immediate supervision of the licensee or a person holding an operator's license who shall be upon the premises at the time of such service.
B. 
Procedure upon application. The Village Clerk 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 only to persons eligible under state law. An operator's license shall be operative only within the limits of the Village.
C. 
Investigation; approval or denial of application. All applications are subject to an investigation by Village-designated law enforcement authorities and/or other appropriate authority to determine whether the applicant and/or premises to be licensed complies with all regulations, ordinances and laws applicable thereto. The investigating authorities shall conduct an investigation of the applicant, including but not limited to requesting information from the State of Wisconsin, 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, in writing, to the Village Clerk approval or denial of the application. If the investigating authority recommends denial, the investigating authority shall provide, in writing, the reasons for such recommendation.
D. 
Duration. Licenses issued under the provisions of this section shall be valid for period of two years and shall expire on the 30th day of June in the year of expiration.
E. 
Operator's license fee. The fee for an operator's license shall be as prescribed in the Village of Grantsburg's Schedule of Fees.
F. 
Provisional license.
(1) 
The Village Clerk may issue a provisional operator's license 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.
(2) 
Pertinent law enforcement agencies shall, upon request, submit to the Village Clerk a report regarding the applicant's conviction history, if any.
(3) 
The applicant for such provisional license must present evidence to the Village Clerk establishing that the applicant is enrolled in a responsible beverage server training course established pursuant to § 125.17(6)(a), Wis. Stats. The Village Clerk may, upon receiving an application for a temporary provisional license, issue such a license without requiring the successful completion of the training course as described herein. However, such temporary license shall be used only for the purpose of allowing such applicant the privilege of being licensed as a beverage operator pending his/her successful completion of the training course, and the applicant shall also apply for a regular operator's license.
(4) 
A provisional license may not be issued to any person who has been denied an operator's license by the Village Clerk, or the Village Board upon reconsideration, who has had his operator's license revoked or suspended within the preceding 12 months, or who previously held an operator's license and who failed to complete the responsible beverage server training course without first successfully completing the course.
(5) 
No person shall be issued more than three provisional licenses in any twelve-month period. The Village Clerk shall provide an appropriate application form to be completed in full by the applicant.
(6) 
The Village Clerk may revoke the provisional license issued if he discovers that the holder of the license made a false statement on the application.
(7) 
A provisional license shall not be renewed.
G. 
Temporary license. The Village Clerk may issue a temporary operator's license provided that:
(1) 
The temporary operator's license may be issued only to operators employed by, or donating their services temporarily to, nonprofit organizations.
(2) 
No person may hold more than two temporary operator's licenses per year.
(3) 
The temporary operator's license is valid for any period from one day to 14 days, and the period for which it is valid shall be stated on the license.
H. 
Issuance. After the Village Clerk approves the granting of an operator's license, the Village Clerk 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.
I. 
Denial of operator's license application; reconsideration.
(1) 
If the application is denied by the Village Clerk, the Village Clerk 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. Such notice must be sent by certified mail to, or served upon, the applicant at least 10 days prior to the Village 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.
(2) 
If, upon reconsideration, the Village Board denies the application, the Village Clerk shall notify the applicant in writing of the Board's reasons therefor. An applicant who is denied any license upon reconsideration of the matter may apply to the Circuit Court pursuant to § 125.12(2)(d), Wis. Stats., for review.
J. 
Criteria.
(1) 
Consideration for the granting or denial of a license will be based on:
(a) 
Arrest and conviction record of the applicant, subject to the limitations imposed by §§ 111.321, 111.322, and 111.335, Wis. Stats.;
(b) 
The financial responsibility of the applicant;
(c) 
The appropriateness of the location and the premises where the licensed business is to be conducted; and
(d) 
Generally, the applicant's fitness for the trust to be reposed.
(2) 
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.
K. 
Consideration of prior record. 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 of Grantsburg, Village officials reserve 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 Clerk, and the Village Board upon reconsideration of an application, at their 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.
L. 
Training requirements. Except as provided in Subsection M below, the Village Clerk 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 Department of Safety and Professional Services, or unless the applicant fulfills one of the following requirements:
(1) 
The person is renewing an operator's license.
(2) 
Within the past two years, the person held a Class "A," Class "B," "Class A," "Class B" or "Class C" license or permit or a manager's or operator's license.
(3) 
Within the past two years, the person has completed such a training course.
M. 
Provisional operator's license training requirements. The Village Clerk may issue a provisional operator's license to a person who is enrolled in a training course under Subsection L above and shall revoke that license if the applicant fails successfully to complete the course in which he enrolls.
N. 
Additional training resources. The Village Clerk may not require that applicants for operators' licenses undergo training in addition to that under Subsection L but may require applicants to purchase, at cost, materials that deal with relevant local subjects not covered in the course under Subsection L.
O. 
Display of license. Each license issued under the provisions of this section shall be posted on the premises whenever the operator dispenses beverages or be in his possession, or the licensee shall carry a license card.
P. 
Revocation of operator's license. Violation of any of the terms or provisions of the state law or of this article relating to an operator's license by any person holding such operator's license shall be cause for revocation of the license.
A. 
Forfeitures for violations of the following sections of the Wisconsin Statutes adopted by reference in § 330-1 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:
(1) 
Section 125.07(1), Alcohol beverages; restrictions relating to underage persons.
(2) 
Section 125.07(2), Sales of alcohol beverages to intoxicated persons.
(3) 
Section 125.07(3), Presence in places of sale; penalty.
(4) 
Section 125.07(4), Underage persons; prohibitions; penalties.
(5) 
Section 125.09(2), Possession of alcohol beverages on school grounds prohibited.
B. 
Any person who shall violate any provision of this article, except as otherwise provided in Subsection A herein, or who shall conduct any activity or make any sale for which a license is required without a license shall be subject to a forfeiture as provided in § 1-4 of this Code.
C. 
Parties in violation of any provisions of this article shall, in addition to any forfeiture(s), be subject to all court costs and penalty assessment.
D. 
Nothing herein shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the Wisconsin Statutes.
As used in this article, the following terms shall have the meanings indicated:
ALCOHOL BEVERAGE
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.
PUBLIC AREA
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.
UNDERAGE PERSON
Any person under the legal drinking age as defined by the Wisconsin Statutes.
A. 
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, municipal building, library, cemetery or drive or other public area within the Village of Grantsburg 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, municipal building, library, public alley or public parking lot within the Village of Grantsburg.
B. 
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.
A. 
The provisions of this article may be waived by the Village Board for duly authorized events.
B. 
This article shall not apply to any organization which has been issued a temporary fermented malt beverage and/or temporary wine license for a designated area and event pursuant to Article I of this chapter, provided that the provisions of this article and Article I of this chapter are fully complied with.