[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.
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:
(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.