Village of Monticello, WI Chapter 133 Alcohol Beverages

[HISTORY: Adopted by the Village Board of the Village of Monticello as indicated in article histories. Amendments noted where applicable.]

Article I Licenses and Permits

[Adopted as Title 7, Ch. 2, of the 1989 Code of Ordinances]

§ 133-1 State statutes adopted.

The provisions of Chapter 125 of the Wisconsin Statutes, relating to the sale of intoxicating liquor and fermented malt beverages, except provisions herein relating to penalties to be imposed, are hereby adopted by reference and made a part of this chapter 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 chapter. Any future amendment, revisions or modifications of the statutes incorporated herein are intended to be made a part of this chapter in order to secure uniform statewide regulation of alcohol beverage control.

§ 133-2 Definitions.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

As used in this chapter, the terms "alcoholic beverages," "intoxicating liquor," "principal business," "legal drinking age," "premises," "sell," "sold," "sale," "restaurant," "club," "retailer," "person," "fermented malt beverages," "wholesalers," and "operators" shall have the meanings given them by Chapter 125, Wis. Stats.

§ 133-3 License required.

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 chapter nor without complying with all the provisions of this chapter, and all statutes and regulations applicable thereto, except as provided by §§ 125.16, 125.27, 125.28 and 125.51 of the Wisconsin Statutes.

§ 133-4 Classes of licenses.

A. Retail "Class A" intoxicating liquor license. A retail Class "A" intoxicating liquor license, when issued by the Village Clerk-Treasurer under the authority of the Village Board, shall permit its holder to sell, deal and traffic in intoxicating liquors only in original packages or containers and to be consumed off the premises so licensed.

B. Retail "Class B" intoxicating liquor license. A retail Class "B" intoxicating liquor license, when issued by the Village Clerk-Treasurer under authority of the Village Board, shall permit its holder to sell, deal and traffic in intoxicating liquors to be consumed by the glass only on the premises so licensed and in the original package or container in multiples not to exceed four liters at any one time, to be consumed off the premises, except that wine may be sold in the original package or otherwise in any other quantity to be consumed off the premises.

C. Class "A" fermented malt beverage retailer's license. A Class "A" retailer's fermented malt beverage license, when issued by the Village Clerk-Treasurer under the authority of the Village Board, shall entitle the holder thereof to possess, sell or offer for sale fermented malt beverages only for consumption away from the premises where sold and in the original packages, containers or bottles. The license year shall be July 1 to June 30.

D. Class "B" fermented malt beverage retailer's license. A Class "B" fermented malt beverage retailer's license, when issued by the Village Clerk-Treasurer under the authority of the Village Board, shall entitle the holder thereof to possess, sell or offer for sale, fermented malt beverages, either to be consumed upon the premises where sold or away from such premises. The holder may also sell beverages containing less than 1/2 of a per centum of alcohol by volume, without obtaining a special license to sell such beverages. The license year shall be July 1 to June 30.

E. Special class or temporary "B" fermented malt beverage picnic license.

(1) License. A special Class "B" picnic license, when issued by the Village Clerk-Treasurer 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 and chambers of commerce, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least six months before the date of application, and to posts of veterans organizations authorizing the sale of fermented malt beverages at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. Such license is valid for dates as approved by the Village Board. Irrespective of other sections of this chapter, 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 section.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(2) Application. Application for such license shall be signed by the President or corresponding officer of the society making such application and shall be filed with the Village Clerk-Treasurer together with the appropriate license fee for each day for which the license is sought. Any person fronting for any group other than the one applied for shall, upon conviction thereof, be subject to a forfeiture of and will be ineligible to apply for a special Class "B" license for one year. The license shall specify the hours and dates of license validity. The application shall be filed a minimum of 15 days prior to the meeting of the Village Board at which the application will be considered for events of more than three consecutive days. If the application is for a license to be used in a Village park, the applicant shall specify the main point of sale facility. See § 133-16.

F. Wholesaler's license. A wholesaler's fermented malt beverage license shall be issued through the state.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

G. Class "C" wine license. A Class "C" wine license, when issued by the Village Clerk-Treasurer under authority of the Village Board, shall entitle the holder to sell wine by the glass or in an open original container for consumption on the premises where sold.

(1) A Class "C" wine license may be granted to a person qualified under§ 125.04(5), Wis. Stats., for a restaurant to mean any place where meals are prepared or served to transients or the general public even if it is not the predominant activity at the location in which wine is the only intoxicating liquor sold. A Class "C" wine license may not be issued to a foreign corporation, a foreign limited liability company or a person acting as an agent for or in the employ of another.

[Adopted 2-2-2005 by Ord. No. 7-2-4G; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 133-5 License fees.

[Amended by Ord. No. 2014-0402A]

There shall be the classes and denominations of alcohol beverage licenses as authorized for issuance by the Village in Chapter 125 of the Wisconsin Statutes, which, when approved by the Village Board and issued by the Village Clerk, after payment of the required fee, shall permit the holder to sell, deal or traffic in alcohol beverages as provided by the applicable Wisconsin Statutes for such classes of license. The fees for alcohol beverage licenses shall be as from time to time determined by resolution of the Village Board and posted in the office of the Village Clerk-Treasurer but shall not exceed any limitation established by the provisions of law.

§ 133-6 Application for license.

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 signed by the applicant as provided by §§ 887.01 to 887.03, Wis. Stats., and shall be filed with the Village Clerk-Treasurer not less than 15 days prior to the granting of such license. The premises shall be physically described to include every room and storage space to be covered by the license, including all rooms not separated by a solid wall or joined by connecting entrances.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

B. Corporations. Such application shall be filed and sworn to by the applicant if an individual, by the President and secretary, of a corporation.

C. Publication. The application shall be published once in the official Village newspaper, and the costs of publication shall be paid by the applicant.

D. Amending application. Whenever anything occurs to change any fact set out in the application of any licensee, such licensee shall file with the issuing authority a notice, in writing, of such change within 10 days after the occurrence thereof.

E. License quotas. Retail intoxicating liquor and fermented malt beverage licenses issued by the Village Board shall be limited in number as prescribed by Chapter 125, Wis. Stats.

§ 133-7 Qualifications of applicants and premises.

A. Residence requirements. A retail Class "A" or retail Class "B" fermented malt beverage or intoxicating liquor license shall be granted only to persons who are citizens of the United States and who have been residents of the State of Wisconsin continuously for at least 90 days prior to the date of the application.

B. Applicant to have malt beverage license. No retail "Class B" intoxicating liquor license shall be issued to any person who does not have or to whom is not issued a Class "B" retailer's license to sell fermented malt beverages.

C. Right to premises. No applicant will be considered unless he has the right to possession of the premises described in the application for the license period, by lease or by deed.

D. Age of applicant. Age of applicant. Licenses related to alcohol beverages shall only be granted to persons who have attained the legal drinking age.

E. Corporate restrictions.

(1) No license or permit may be issued to any corporation unless the corporation meets the qualifications under § 125.04(5)(a)1 and 4 and (b), Wis. Stats., unless the agent of the corporation appointed under § 125.04(6) and the officers and directors of the corporation meet the qualifications of § 125.04(5)(a)1 and 3 and (b) and unless the agent of the corporation appointed under § 125.04(6) meets the qualification under § 125.04(5)(a)2. The requirement that the corporation meet the qualifications under § 125.04(5)(a)1 and (b) does not apply if the corporation has terminated its relationship with all of the individuals whose actions directly contributed to the conviction.

(2) Each corporate applicant shall file with its application for such license a statement by its officers showing the names and addresses of the persons who are stockholders together with the amount of stock held by such person or persons. It shall be the duty of each corporate applicant and licensee to file with the Village Clerk-Treasurer a statement of transfers of stock within 48 hours after such transfer of stock.

(3) Any license issued to a corporation may be revoked in the manner and under the procedure established in § 125.12, Wis. Stats., when more than 50% of the stock interest, legal or beneficial, in such corporation is held by any person or persons not eligible for a license under this chapter or under the state law.

F. Separate license required for each place of sale. A separate license shall be required for each stand, place, room or enclosure or for each suite of rooms or enclosures which are in a direct connection or communication where intoxicating liquor or fermented malt beverages are kept, sold or offered for sale; and no license shall be issued to any person, firm, partnership, corporation or association for the purpose of possession, selling or offering for sale any intoxicating liquors or fermented malt beverages in any dwelling house, flat or residential apartment.

§ 133-8 Investigation.

The Village Clerk-Treasurer shall notify the Chief of Police and Building Inspector 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 to the Village Clerk-Treasurer in writing, 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.

§ 133-9 Approval of application.

A. No license shall be granted for operation on any premises or with 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 conform to the sanitary, safety and health requirements of the State Building Code, and the rules and regulations of the State Department of Agriculture, Trade and Consumer Protection and local Board of Health applicable to restaurants. The premises must be properly lighted and ventilated, must be equipped with separate sanitary toilet and lavatory facilities equipped with running water for each sex and must conform to all ordinances of the Village.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

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, and 125.12(1)(b), Wis. Stats.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(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 and/or crime against a child or life and bodily security, or violent crime against a child, within the five years immediately preceding the license application. Because a license is a privilege, the issuance of which is a right granted solely to the Village Board, the Village Board reserves the right to consider the severity, and facts and circumstances of the offense when making the determination to grant, deny or not renew a license. Further, the Board, at its discretion, may, based upon an arrest or conviction record of two or more offenses which are substantially related to the licensed activity within the five years immediately preceding, act to suspend such license for a period of one year or more.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 133-10 Granting of license.

A. Opportunity shall be given by the governing body to any person to be heard for or against the granting of any license. Upon the approval of the applicant by the Village Board, the Village Clerk-Treasurer shall issue to the applicant a license, upon payment by the applicant of the license fee to the Village. The full license fee will be charged for the licensing year or prorated for a portion of the licensing year as provided in § 125.04(8).

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.

§ 133-11 Transfer and lapse of license.

A. In accordance with the provisions of § 125.04(12), Wis. Stats., a license shall be transferable from one premises to another if such transfer is first approved by the Village Board. An application for transfer shall be made on a form furnished by the Village Clerk-Treasurer. Proceedings for such transfer shall be had in the same form and manner as the original application. The fee for such transfer shall be as from time to time determined by resolution of the Village Board. Whenever a license is transferred, the Village Clerk-Treasurer shall forthwith notify the Wisconsin Department of Revenue of such transfer. In the event of the sale of a business or business premises of the licensee, the purchaser of such business or business premises must apply to the Village for reissuance of said license and the Village, as the licensing authority, shall in no way be bound to reissue said license to said subsequent purchaser.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

B. Whenever the agent of a corporate holder of a license is for any reason replaced, the licensee shall give the Village Clerk-Treasurer written notice of said replacement, the reasons therefor and the new appointment. Until the next regular meeting or special meeting of the Village Board, the successor agent shall have the authority to perform the functions and be charged with the duties of the original agent. However, said license shall cease to be in effect upon receipt by the Village Clerk-Treasurer of notice of disapproval of the successor agent by the Wisconsin Department of Revenue or other peace officer of the municipality in which the license was issued. The corporation's license shall not be in force after receipt of such notice or after a regular or special meeting of the Village Board until the successor agent or another qualified agent is appointed and approved by the Village.

§ 133-12 Numbering of license.

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. The Village Clerk-Treasurer shall affix to the license his affidavit.

§ 133-13 Posting licenses; defacement.

A. Every person licensed in accordance with the provisions of this chapter 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.

§ 133-14 Conditions of license.

All retail Class "A" and "B" licenses granted hereunder shall be granted subject to the following conditions, and all other conditions of this section, and be 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. This subsection shall not apply to a person who has an operator's license or who is at least 18 years of age and is under supervision as provided in §§ 125.32(2) and 125.68(2), Wis. Stats.

[Amended 7-18-2018 by Ord. No. 2018-0718A]

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" 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 the rules and regulations of the State Department of Agriculture, Trade and Consumer Protection governing sanitation in restaurants shall apply to all Class "B" liquor licenses issued under this chapter. No Class "B" license shall be issued unless the premises to be licensed conform to such rules and regulations.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

F. Restrictions near schools and churches. No retail Class "A" or Class "B" license shall be issued for premises, the main entrance of which is less than 300 feet from the main entrance of any established public school, parochial school, hospital or church. Such distance shall be measured by the shortest route along the highway from the closest point of the maintenance entrance of such school, church or hospital to the main entrance to such premises. This subsection shall not apply to premises licensed as such on June 30, 1947, nor shall it apply to any premises licensed as such prior to the occupation of real property within 300 feet thereof by any school building, hospital building or church building.

G. Clubs. No club shall sell or give away any intoxicating liquors 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 chapter or the laws of the State of Wisconsin.

I. Credit prohibited. No retail Class "A" or Class "B" 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, ware, merchandise or other articles in exchange for alcohol beverages.

J. Licensee or permittee responsible for acts of help. A violation of this chapter by a duly authorized agent or employee of a licensee or permittee under this chapter shall constitute a violation by the licensee or permittee. Whenever any licensee or permittee under this chapter shall violate any portion of this chapter, proceedings for the suspension or revocation of the license or permit of the holder thereof may be instituted in the manner prescribed in this chapter.

K. Improper exhibitions. It shall be unlawful for any person to perform, or for any licensee or manager or agent of the licensee to permit any employee, entertainer or patron to engage in any live act, demonstration, dance or exhibition on the licensed premises which:

(1) Exposes his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or

(2) Exposes any device, costume or covering which gives the appearance of or simulates genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or

(3) Exposes any portion of the female breast at or below the areola thereof; or

(4) Engages in or simulates sexual intercourse and/or any sexual contact, including the touching of any portion of the female breast or the male and/or female genitals.

L. Commencement of operations. Within 160 days after the issuance of a "Class B" intoxicating liquor license or a Class "B" fermented malt beverage license, the licensee shall be open for business with adequate stock and equipment. Upon failure to do business within such time, the license shall be subject to revocation by the Village Board after a public hearing. The Village Board may, for a good cause shown, extend such 160-day period.

[Amended 7-18-2018 by Ord. No. 2018-0718A]

M. Cessation of operations. If any licensee shall suspend or cease doing business for 160 consecutive days or more, his "Class B" intoxicating liquor license or his Class "B" fermented malt beverage license shall be subject to revocation by the Village Board after a public hearing. The Village Board may, for a good cause shown, extend such 160-day period.

[Amended 7-18-2018 by Ord. No. 2018-0718A]

§ 133-15 Closing hours.

Closing hours shall be established in conformance with § 125.32(3), Wis. Stats., and further restricted as follows:

A. Class "B" licenses.

(1) No premises for which a retail Class "B" liquor and fermented malt beverage license has been issued shall be permitted to remain open for the sale of liquor or fermented malt beverages or for any other purpose between the hours of 2:00 a.m. and 6:00 a.m., Monday through Friday, and 2:30 a.m. and 6:00 a.m., Saturday and Sunday. There shall be no closing hours on January 1st.

(2) Hotel 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) The licensee or permittee and one employee shall be permitted to check out receipts, check the licensed premises or security and do minor cleaning during closed hours. Under no circumstances shall the consumption of alcohol beverages be permitted after closing time. Commercial janitorial service personnel shall be allowed to enter the licensed premises for the purpose of cleaning during closed hours. The premises shall be well lighted during cleanup. Prior approval must be requested and granted by the Village Board or its designee for any variance of the above exigent circumstances.

B. Carryout hours. Between 9:00 p.m. and 8:00 a.m. for intoxicating liquor and 12:00 midnight and 8:00 a.m. for fermented malt beverages, no person may sell, remove, carry out or permit to be removed or carried out from any premises having a Class "A" license, fermented malt beverages or intoxicating liquor in original unopened packages, containers or bottles or for consumption away from the premises.

[Amended 5-2-2018 by Ord. No. 2018-0502A]

C. Modification of closing hours. Closing hours may be modified for specific events by a majority vote of the Village Board.

§ 133-16 Restrictions on special Class "B" fermented malt beverage special event license.

[Amended by Ord. No. 2016-0302]

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 Monticello, except through the issuance of temporary Class "B" permit issued by the Village Board in accordance with Wisconsin State 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 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 § 133-4E.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

B. Posting of signs and licenses. All organizations issued a liquor license shall post in a conspicuous location at the main point of sale and at all remote points of sale a sufficient number of signs stating that no fermented malt beverage shall be served to any underage person without proper identification.

C. Fencing. If necessary due to the physical characteristics of the site, the Village Board may require that organizations install a double fence around the main point of sale to control ingress and egress and continually station a licensed operator, security guard or other competent person at the entrance for the purpose of checking age identification. Where possible, there shall be only one point of ingress and egress. When required, the double fence shall be a minimum of four feet high and a minimum of six feet between fences.

(1) Exemptions. The Village Board may exempt an applicant from requirement of fencing upon a finding that such exemption is not contrary to the safety and well-being of the public. When making such a finding, the Board shall review a site plan of the area in which the fermented beverage and/or wine will be sold or distributed, the hours of operation, the ability to maintain a secure perimeter around the premises, the method by which underage persons will be identified, the number of points of sale, and the provision of security. The Board may require additional security at the applicant's costs and add additional conditions to the license (i.e., wrist banding, time limits, etc.) to provide for the safety and well-being of the public.

D. Underage persons. No underage persons as defined by the Wisconsin Statutes shall be allowed to assist in the sale or distribution of fermented malt beverages at any point of sale. This subsection shall not apply to a person who has an operator's license or who is at least 18 years of age and is under supervision as provided in §§ 125.32(2) and 125.68(2), Wis. Stats. No underage person shall be inside the fenced area at any point of sale unless accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

E. Licensed operators requirement. A licensed operator shall be stationed at all points of sales at all times.

F. Permitted cups or cans only. Intoxicants will be sold outdoors only in foam or plastic cups or cans.

G. 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 owned property, the organization shall work closely with the Village officials in locating, setting up and identifying the size of the fenced 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 fenced 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.

H. Waiver. The Village Board may waive or modify the requirements of this section due to the physical characteristics of the licensed site.

I. Insurance. The applicant for a special Class "B" fermented malt beverage license shall be required to indemnify, defend and hold the Village and its employees and agents harmless against all claims, liability, loss, damage or expense incurred by the Village on account of any injury to or death of any person or any damage to property caused by or resulting from the activities for which the permit is granted. As evidence of the applicant's ability to perform the conditions of the permit, the applicant shall be required to furnish a Certificate of Comprehensive General Liability Insurance with the Village of Monticello. The applicant may be required to furnish a performance bond prior to being granted the permit.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

J. Age verification. Persons of legal alcohol consumption age will have their ID verified by authorized event volunteers or authorized private security at the point of entry, then will receive a wristband if they are over 21. Underage person will be allowed in the consumption area, accompanied by a parent or legal guardian age 21 or older, until 9:00 p.m. each day; however, may be extended if it is due to a sporting event or employment or a civic function. For security reasons, the wristbands shall have the year printed on them and will be different colors every year.

§ 133-17 Beer garden licenses required for outdoor consumption at Class "B" premises.

A. Required for outdoor consumption. No licensee shall permit the consumption of alcohol beverages on any part of the licensed remises not enclosed within the building, except under 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. The fee for a beer garden permit shall be as established in the Schedule of Village License Fees. No person shall consume or have in his or her possession alcohol beverages on any unenclosed part of a licensed premises which is not described in a valid beer garden permit.

B. Limitations on issuance of beer garden permits. No permit shall be issued for a beer garden if any part of the beer garden is within 100 feet of a structure used for residential purposes, except residential uses located in the same structure as the licensed premises. No permit shall be issued for a beer garden if the beer garden area is greater than 50% of the gross floor area of the adjoining licensed premises. Each applicant for a beer garden permit shall accurately describe the area intended for use as a beer garden and shall indicate the nature of fencing or other measures intended to provide control over the operation of the beer garden. Every beer garden shall be completely enclosed with a fence or wall not less than six feet in height. Amplified sound or music is permitted in the beer garden per § 270-8C(1) and D(3). There shall be a licensed operator within the beer garden at all times the beer garden is in operation.

[Amended 5-16-2018 by Ord. No. 2018-0516]

C. Adjoining property owners to be notified of pendency of applications. All property owners within 150 feet of the proposed beer garden shall be notified of the pendency of application for a beer garden permit by first class mail.

D. State statutes enforced within beer garden. Every permittee 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 beer garden permit by the Village Board.

§ 133-18 Revocation and suspension of licenses; nonrenewal.

A. Procedure. Whenever the holder of any license under this chapter violates any portion of this chapter or of the Code of the Village of Monticello, proceedings for the revocation of such license may be instituted in the manner and under the procedure established by this section.

B. Abandonment of premises. Any licensee holding a license to sell alcohol beverages who abandons such business shall forfeit any right or preference he may have to the holding of or renewal of such license. Abandonment shall be sufficient grounds for revocation of any alcohol beverage license. The closing of the licensed premises for at least six months shall be prima facie evidence of the abandonment, unless extended by the Village Board. All persons issued a license to sell alcohol beverages in the Village or which a quota exists within 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.

(1) Notice and hearing. Whenever a person holding a license to sell alcoholic beverages has failed to maintain the premises according to standards prescribed for sanitation, or in whose premises persons are permitted to loiter for purposes of prostitution, or when the licensee has not observed and obeyed any lawful order of the Village Board or police officers of the Village, has violated Village ordinances, or for any other good reason, the Village Board shall issue a summons, to be signed by the Village Clerk-Treasurer commanding the licensee complained of appear before a special committee designated by the Village Board on a day and time an at a place named in the summons to show cause why the license should not be revoked or suspended. Such summons shall be served not less than three and not more than 10 days before the time at which the licensee is commanded to appear and may be served personally upon the licensee or the agent of the licensee or upon the person in charge of the licensed premises. The complaint shall be served with the summons and shall set forth the offense allegedly committed, the date and place of said offence and the facts constituting the alleged offense. If such licensee shall not appear as required by the summons, the complaint shall be taken as true, and if the Committee deems its allegations sufficient, the Committee shall recommend revocation or suspension of the license as provided herein.

(2) Procedure on hearing; effect of revocation.

(a) A designated committee shall serve as a hearing agency for the Village Board.

(b) The Chairman of the Committee, or the Chair's designee, shall conduct the hearing, and may issue subpoenas. The Village Clerk-Treasurer shall administer oaths to all witnesses. So far as practicable, the rules of evidence provided in § 227.45, Wis. Stats., shall be followed. The complainant shall have the burden of proving the charges to a preponderance of the evidence. The licensee and the complainant may be represented by counsel, may call and examine witnesses and cross-examine witnesses of the other party. All proceedings and testimony shall be recorded on tape and transcribed. If either party requests a stenographic recording and transcription, the Village shall make the necessary arrangements, but the expenses shall be borne by the requesting party. The Village Clerk-Treasurer shall serve as secretary to the Committee and shall make and receive all exhibits admitted into the record.

(c) Within 10 days of the completion of the hearing and filing of briefs, if any, the Committee, upon the testimony and evidence presented at the hearing, shall determine by simple majority vote of those present whether the charges are true and, doing so, submit a report to the Village Board including its findings of fact, conclusions of law and a recommendation as to what action, if any, the Village Board should take with respect to the license. If the recommendation is to suspend the license, it shall be for a period of not less than 10 days or more than 90 days. Following the procedure above, the recommendation may be to revoke the license. If the Committee determines that the charges are not substantiated; it shall recommend to the Village Board that the complaint be dismissed without cost to either party. The Committee's recommendation shall be promptly filed with the Village Clerk-Treasurer. The Village Clerk-Treasurer shall prepare five copies of the transcript of the proceedings, all exhibits and the recommendation of the Committee.

(d) At the regular meeting of the Village Board after the filing of the Committee's recommendation, the Village Board shall act on the recommendation and may reverse or modify any portion thereof by a simple majority vote. The recommendation of the Committee shall become the decision of the Village Board unless reversed or modified. No further testimony or evidence shall be allowed before the Village Board. Only those members of the Village Board who have certified to the Village Clerk-Treasurer, in writing, that they have read the transcript, exhibits and recommendation made shall be permitted to vote on the matter. The Village Clerk-Treasurer shall make the said certifications a part of the record. The decision of the Village Board shall be a final determination for purposes of judicial review.

(e) If the complaint is found to be true, the licensee shall pay to the Village the actual cost of the proceedings. If the complaint is found by the Village Board to be malicious and without probable cause, the complainant shall pay the cost of the proceedings in the same amount.

(f) When a license is revoked, it shall be so entered of record by the Village Clerk-Treasurer, and no other license shall be granted to such licensee or for such premises for a period of 12 months from the date of the revocation, nor shall any part of the money paid as application fee for any license so revoked be refunded.

D. Nonrenewal of license. The Village Attorney may, after investigation, commence an action before the special committee to hear evidence and make a recommendation to the Village Board that a license issued pursuant to this chapter not be renewed. The Chairman of the special committee shall, in writing, notify the licensee of the consideration of nonrenewal. Such notification shall be in the form of and shall serve as the summons and complaint and shall include a statement of the reasons for the consideration of the nonrenewal of the license in the same specificity required for a summons and complaint for revocation or suspension. If the license is recommended for nonrenewal, costs may be assessed against the licensee and any renewal application fee shall be forfeited. In all other respects, the provisions of Subsection C above shall apply. The commencement of this action shall stay action by the Village Board on the licensee's application until the Committee makes is recommendation.

E. Other provisions. Any license issued pursuant to this chapter shall be subject to such further regulations and restrictions as may be imposed by the Village Board by amendment to this section or by the enactment of new ordinances. If any licensee shall fail or neglect to meet the requirements imposed by such new restrictions and regulations his license may be revoked in accordance with this section. In case of revocation of any license or any violation of any provision of this chapter in accordance with this section or by the court or for any reasonable cause except the imposition of new restrictions, no refund shall be made of any part of the license fee.[1]

[1] Editor's Note: Original Sec. 7-2-18(f) of the 1989 Code of Ordinances, Point values for alcohol beverages' violation, revocations and suspensions, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 133-19 Nonalcohol events for underage persons on licensed premises.

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 Police Department at least 48 hours in advance of the date of any event at which underage persons will be present on the licensed premises. Each such nonalcohol event notice shall specify the date(s) on which the event is to occur and the time(s) of commencement. All notices shall be filed with the Police Department during normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, and shall be given on forms prescribed by the Department. After a nonalcohol event notice has been given, the licensee may cancel an event(s) only by giving like notice to the Department in accordance with the provisions of this Subsection. Regardless of the date given, all notices shall expire and be deemed canceled no later than the date of expiration or revocation of the applicable retail Class "B" license.

B. During the period of any nonalcohol event a notice card prescribed by the Police Department shall be posted at all public entrances to the licensed premises notifying the general public that no alcohol beverages may be consumed, sold or given away on or carried into the licensed premises during the event. Such notice cards shall be made available by the Department to a requesting licensee.

C. Once a nonalcohol event has commenced, no alcohol beverages may be consumed, sold or given away on or carried into the licensed premises until the next day following the closing hours of the licensed premises.

D. During the period of any nonalcohol event all alcohol beverages shall be stored in a locked portion of the licensed premises in a secure place out of the sight and physical reach of any patron present and shall be under the direct and immediate control and supervision of the licensee or a licensed bartender in the employ of the licensee. All beer taps and automatic dispensers of alcohol beverages ("speed guns") shall be either disconnected, disabled or made inoperable.

§ 133-20 Operator's license.

A. Operator's license required.

(1) Class "A," Class "B" or "Class C" premises. Except as provided under §§ 125.32(3)(b) and 125.07(3)(a)10, Wis. Stats., no premises operated under a Class "A," Class "B," or "Class C" license or permit may be open for business unless there is upon the premises the licensee or permittee, the agent named in the license or permit if the licensee or permittee is a corporation, or some person who has an operator's license and who is responsible for the acts of all persons serving any fermented malt beverages to customers. An operator's license issued in respect to a vessel under § 125.27(2), Wis. Stats. is valid outside the municipality that issues it. For the purpose of this section, any person holding a manager's license under § 125.18, Wis. Stats., or any member of the licensee's or permittee's immediate family who has attained the age of 18 shall be considered the holder of an operator's license. No person, including a member of the licensee's or permittee's immediate family, other than the licensee, permittee or agent may serve fermented malt beverages in any place operated under a Class "A," Class "B," or "Class C" license or permit unless he or she has an operator's license or is at least 18 years of age and is under the immediate supervision of the licensee, permittee, agent or a person holding an operator's license, who is on the premises at the time of the service.

(2) Use by another prohibited.

(a) No person may allow another to use his or her Class "A" or Class "B" license or permit to sell alcohol beverages.

(b) The license or permit of a person who violates Subsection A(2)(a) above shall be revoked.

B. Procedure upon application.

(1) The Village Board may issue an operator's license, which license shall be granted only upon application in writing on forms to be obtained from the Village Clerk-Treasurer only to persons 18 years of age or older. Operator's licenses shall be operative only within the limits of the Village.

(2) All applications are subject to an investigation by the Chief of Police 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 Police Department shall conduct an investigation of the applicant including, but not limited to, requesting information from the state, surrounding municipalities, and/or any community where the applicant has previously resided concerning the applicant's arrest and conviction record. Based upon such investigation, the Chief of Police shall recommend, in writing, to the Village Board approval or denial of the application. If the Chief of Police recommends denial, the Chief of Police shall provide, in writing, the reasons for such recommendation.

C. Duration. Licenses issued under the provisions of this chapter shall be valid for a period of two years and shall expire on the 30th day of June of each odd year.

D. Operator's license fee; provisional license.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(1) Fee. The fee for regular or provisional operator’s licenses shall be as from time to time determined by resolution of the Village Board. There shall be no fee for a temporary operator's license.

(2) Provisional license. The Village Clerk-Treasurer may issue provisional operator's licenses in accordance with § 125.17(5), Wis. Stats. The provisional operator's license shall expire 60 days after its issuance or when an operator's or license is issued to the holder, whichever is sooner. The Village Clerk-Treasurer may, upon receiving an application for a temporary provisional license, issue such a license without requiring the successful completion of a responsible beverage server training course as required by § 25.17(6)(a), Wis. Stats. 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 successful completion of the approved beverage server training course. A provisional license may not be issued to any person who has been denied an operator's license by the Village Board or who has had an operator's license revoked or suspended within the preceding 12 months. The Village Clerk-Treasurer shall provide an appropriate application form to be completed in full by the applicant. The Village Clerk-Treasurer may revoke the provisional license issued if he discovers that the holder of the license made a false statement on the application.

(3) Temporary license. The Village Clerk-Treasurer may issue a temporary operator's license, provided that:

(a) This license may be issued only to operators employed by, or donating their services to, nonprofit corporations.

(b) No person may hold more than one license of this kind per year.

(c) The 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.

E. Issuance or denial of operator's licenses.

(1) After the Village Board approves the granting of an operator's license, the Village Clerk-Treasurer shall issue the license. Such licenses shall be issued and numbered in the order they are granted and shall give the applicant's name and address and the date of the expiration of such license.

(2) Denial.

(a) If the application is denied by the Village Board, the Village Clerk-Treasurer shall, in writing, inform the applicant of the denial, the reasons therefore, and of the opportunity to request a reconsideration of the application by the Village Board in a closed session. Such notice must be sent by registered mail to, or served upon, the applicant at least 10 days prior to the Board's reconsideration of the matter. At such reconsideration hearing, the applicant may present evidence and testimony as to why the license should be granted.

(b) If, upon reconsideration, the Board again denies the application, the Village Clerk-Treasurer shall notify the applicant in writing of the reasons therefore. An applicant who is denied any license upon reconsideration of the matter, may apply to Circuit Court pursuant to § 125.12(2)(d), Wis. Stats., for review.

(3) Consideration.

(a) Consideration for the granting or denial of a license will be based on:

[1] Arrest and conviction record of the applicant, subject to the limitations imposed by §§ 111.321, 111.322, and 111.335, Wis. Stats.;

[2] The financial responsibility of the applicant;

[3] The appropriateness of the location and the premises where the license business is to be conducted; and

[4] Generally, the applicant's fitness for the trust to be reposed.

(b) If a licensee is convicted of an offense substantially related to the licensed activity, the Village Board, may act to revoke or suspend the license.

(4) An application may be denied based upon the applicant's arrest and conviction record if the applicant has been convicted of a felon (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.

(5) Because a license is a privilege, the issuance of which is a right granted solely to the Village Board, the Village Board reserves the right to consider the severity, and facts and circumstances of the offense when making the determination to grant, deny or not renew a license. Further, the Village Board, at its discretion, may, based upon an arrest or conviction record of two or more offenses which are substantially related to the licensed activity within the five years immediately preceding, act to suspend such license for a period of one year or more.

F. Display of license. Each license issued under the provisions of this chapter shall be posted on the premises whenever the operator dispenses beverages or be in his possession, or the licensee shall carry a license card.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

G. Revocation of operator's license. Violation of any of the terms or provisions of the State law or of this chapter relating to Operator's licenses by any person holding such operator's license shall be cause or revocation of the license.

§ 133-21 Violations and penalties.

A. Forfeitures for violations of §§ 125.07(1)-(5) and 125.09(2) of the Wisconsin Statutes, adopted by reference in § 133-1 of the Code of the Village of Monticello, 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.

B. Any person who shall violate any provision of this chapter of the Code of the Village of Monticello, 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 the general penalty section of the Code of the Village of Monticello.[1]

[1] Editor's Note: See § 1-6.

C. Nothing herein shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the Wisconsin Statutes.

Article II Offenses

[Adopted as Title 11, Ch. 5, of the 1989 Code of Ordinances]

§ 133-22 Outside consumption.

A. Alcoholic beverages in public areas.

(1) Regulations. It shall be unlawful for any person to sell, serve or give away, or offer to sell, serve or give away, any alcoholic beverage upon any public street, sidewalk, alley, public parking lot, highway, cemetery or drives or other public area within the Village or on private property without the owner's consent. It shall be unlawful for any person to consume or have in his possession any open container containing alcohol beverage upon any public street, public sidewalk, public way, public alley or public parking lot within the Village except as licensed premises.

(a) An exception to Subsection A(1) is allowed for licensed establishments within this district, during an event, shall allow persons to leave their establishment with alcoholic beverages. All beverages carried outside shall be in plastic cups. Patrons are not allowed to enter any of the licensed premises with an alcohol beverage purchased at any other licensed premises. Event organizer is responsible for monitoring entrances and exits. An event organizer shall submit a request to the Committee of Public Safety and obtain Village Board approval prior to being granted an exception from the public consumption requirements.

[Amended 6-6-2018 by Ord. No. 2018-0606]

(2) Parks. It shall be unlawful for any person to drink or have in their possession any alcohol beverage in any Village park between the hours of 9:00 p.m. and 10:00 a.m., except at licensed premises. Alcoholic beverages shall only be consumed within the confines of shelter buildings. No consumption of alcoholic beverages is permitted at the ball park shelter, except for events authorized by the Village Board.

(3) Private property held out for public use. It shall be unlawful for any person to consume any alcohol beverages upon any private property held open for public use within the Village unless the property is specifically named as being part of a licensed premises.

(4) Leaving licensed premises with open container.

(a) It shall be unlawful for any licensee, permittee or operator to permit any patron to leave the licensed premises with an open container containing any alcohol beverage.

(b) It shall be unlawful for any patron to leave a licensed premises with an open container containing any alcohol beverage.

(c) It shall be unlawful for any patron to remove an original unopened package, container or bottle containing intoxicating liquor from the licensed premises between the hours of 9:00 p.m. and 8:00 a.m. and 12:00 midnight and 8:00 a.m. for fermented malt beverages.

[Amended 6-6-2018 by Ord. No. 2018-0606]

(5) Picnic beer permits for parks.

(a) It shall be unlawful for any group of persons of legal drinking age which exceeds 50 to consume any alcohol beverages in any park areas without first obtaining a Picnic Beer Permit from the Village. The picnic beer permits shall be issued by the Village Clerk-Treasurer with a copy of the permit sent to the Chief of Police.

(b) Applicants for special Class "B" Permits shall fully comply with the requirements of § 133-16.

(c) The sale of fermented malt beverages from remote sites, that is, other than the main point of sale facility, shall be prohibited after the hour of 9:00 p.m. Main point of sale purchases shall end at 12:00 midnight.

(6) Exceptions.

(a) The provisions of this section may be waived by the Village Board for duly authorized events.

(b) Any organization which has been issued a special Class "B" fermented malt beverage picnic license for a designated area pursuant to the Code of the Village of Monticello, provided that the provisions of this article and Article I of this chapter are fully complied with.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

ALCOHOLIC 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

Shall be construed to mean 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.[1]

[1] Editor's Note: The following original sections of the 1989 Code, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II): Sec. 11-5-2, Sale to Underage or Intoxicated Persons Restricted. Sec. 11-5-3, Underage Persons' Presence in Places of Sale; Penalty. Sec. 11-5-4, Underage Persons; Prohibitions; Penalties. Sec. 11-5-5, Defense of Sellers. Sec. 11-5-6, Persons Who Have Attained the Legal Drinking Age; False or Altered Identification Cards. Sec. 11-5-7, Possession of Alcohol Beverages on School Grounds Prohibited. Sec. 11-5-8, Adult Permitting or Encouraging Underage Violation. Sec. 11-5-9, Solicitation of Drinks Prohibited.