Village of Salem Lakes, WI Licenses and Permits

No licensee shall permit the consumption of fermented malt beverages or intoxicating liquor on any part of the licensed premises not enclosed within a building except as expressly defined in the license or under permit granted by the Village Board. Application for permit may be made at the time of the application for the fermented malt beverage or intoxicating liquor license or may be made at any time during the license year. Such permit may be revoked by the Board at its pleasure at any time.

No person shall consume or have in his or her possession fermented malt beverages or intoxicating liquor on any part of the licensed premises which is not described in the license or any permit issued by the Village Board.

Separate license required for each place of sale. Except for licensed public warehouses, a license shall be required for each location or premises where alcohol beverages are stored, sold or offered for sale. See § 125.04(9), Wis. Stats.

Sign restricting consumption of alcohol beverages beyond licensed premises. Each license holder shall be required to have a sign posted at the exit of the premises stating that open alcohol beverages shall not be allowed outside of the premises. This shall not apply to licenses issued to hotel or resort facilities where there is not a door leading directly to the outside from the portion of the building used for the sale of intoxicating liquor or fermented malt beverages.

§ 305-3 Classes of licenses; fees.

The following classes and denominations of licenses may be issued by the Village Clerk under the authority of the Village Board upon compliance with law and payment of the fee specified in § 272-1 which, when so issued, shall permit the holder to sell, deal or traffic in alcohol beverages as provided in the referenced state statutes and this Code.

Class "A" fermented malt beverage retailer's license. A Class "A" fermented malt beverage retailer's license 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.

"Class A" intoxicating liquor licenses. A "Class A" intoxicating liquor license authorizes the retail sale of intoxicating liquor for consumption off the premises where sold and in original packages and containers as provided in § 125.51(2), Wis. Stats.

A license may be issued after July 1, and any license herewith shall expire on the following June 30.

The license fee shall be prorated in accordance with Subsection J, Prorated fees, of this section.

Class "B" fermented malt beverage retailer's license. A retail Class "B" fermented malt beverage license shall permit its holder to sell fermented malt beverages to be consumed either on the premises where sold or off the premises. A license may be issued after July 1 in any license year, which shall expire on the following June 30.

Part-year Class "B" fermented malt beverage retailer's license. A Class "B" license may be issued at any time for six months in any calendar year. Such license shall not be renewable during the calendar year in which issued.

Retail "Class B" liquor license. A retail "Class B" liquor license shall permit its holder to sell liquor in original packages or containers, in multiples not to exceed four liters at any one time, to be consumed off the licensed premises as provided in § 125.51(3)(b), Wis. Stats.

A license may be issued after July 1 in any license year, which shall expire on the following June 30.

Licenses valid for six months may be issued at any time. The fee for such license shall be 50% of the annual license fee. The license may not be renewed during the calendar year in which issued.

The license fee shall be prorated in accordance with Subsection J, Prorated fees, of this section.

Retail "Class C" license.

In this subsection, "barroom" means a room that is primarily used for the sale or consumption of alcohol beverages.

A "Class C" license authorizes the retail sale of wine by the glass or in an opened original container for consumption on the premises where sold.

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. 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.

A "Class C" license shall particularly describe the premises for which it is issued.

Operator's license.

Operators' licenses may be granted to individuals by the Village Board for the purpose of complying with §§ 125.32(2) and 125.68(2), Wis. Stats.

Operators' licenses may be issued only on written application on forms provided by the Clerk.

Operators' licenses shall be valid for a maximum period of two years and shall expire on June 30 in the year following the year of issuance.

Provisional operator's license.

The Village Clerk shall issue a provisional operator's license to any person who has applied for an operator's license pursuant to § 305-4 of this article, except that no provisional license shall be issued to any person who previously has been denied an operator's license by the Village Board.

The applicant for a provisional operator's license must pay a fee as provided in § 272-1 to the Village Clerk prior to the issuance of the provisional operator's license.

Any provisional operator's license issued pursuant to this section, unless previously revoked, expires automatically upon the occurrence of any one of the following events:

(a)

Expiration of 60 days from the date of issuance of the provisional operator's license.

(b)

Issuance to the applicant of an operator's license by the Village Board.

(c)

Denial of the application for the operator's license by the Village Board.

The Village Clerk may revoke the provisional operator's license by written notice mailed to the applicant at the address provided on the license application if the Village Clerk discovers that the holder of the provisional operator's license made a false statement on the application for the operator's license.

Provisional retail license. A provisional retail license may be issued by the Village Clerk to a person who has applied for a Class "A," Class "B," "Class A," "Class B" or "Class C" license to authorize the activities of the type of retail license applied for.

The fee for the provisional license shall be as provided in § 272-1.

The provisional retail license shall expire 60 days after its issuance or when the Class "A," Class "B," "Class A," "Class B" or "Class C" license is issued to the holder, whichever is sooner.

The Village Clerk may revoke the provisional retail license if he or she discovers that the holder of the license made a false statement on the application.

The Village Clerk may not issue a provisional "Class B" license if the Village's quota under § 125.51(4), Wis. Stats., prohibits the municipality from issuing a "Class B" license.

(5)

No person may hold more than one provisional retail license for each type of license applied for by the holder per year.

Prorated fees. Premises licenses issued for less than 12 months shall be prorated according to the number of months for which the license is issued excepting the initial issuance of a reserve "Class B" intoxicating liquor license for which the fee of $10,000 is paid.

Temporary Class "B" (picnic) beer and temporary "Class B" (picnic) wine licenses. Upon submission of proper application and payment of a fee as provided in § 272-1, the Village Clerk may issue to any qualified organization a temporary Class "B" (picnic) beer or temporary "Class B" (picnic) wine license.

For purposes of this section, a qualified organization includes any bona fide clubs and chambers of commerce, county or local fair associations or agricultural societies, churches, lodges or societies that have been in existence for at least six months before the date of application, and posts of veterans organizations.

Any temporary license issued pursuant to this section shall be valid for the day or consecutive days that the specified event is in progress.

No temporary license may be issued pursuant to this section to any organization having any indebtedness to any wholesaler for more than 15 days for beer or 30 days for wine.

The license shall require that a licensed operator must be present at all times while beer or wine is served pursuant to the provisions of said license.

"Class A" intoxicating liquor (cider only) licenses. A "Class A" intoxicating liquor (cider only) license only authorizes the retail sale of cider as defined in Ch. 125, Wis. Stats., for consumption off the premises where sold and in original packages and containers.

The license may only be issued to the holder of a Class "A" beer license for the same premises.

There shall be no additional license fee for issuance of a "Class A" intoxicating liquor (cider only) license.

A "Class A" intoxicating liquor (cider only) license shall expire upon expiration, nonrenewal or revocation of the Class "A" beer license issued for the same premises.

§ 305-4 Application for license; inspection of premises.

Form. Application for a license to sell or deal in intoxicating liquor or fermented malt beverages shall be made, in writing, on forms prescribed by the Wisconsin Department of Revenue and filed with the Village Clerk at least 15 days prior to issuance. The premises shall be physically described, including every room and storage space to be covered by the license, and including all rooms joined by connecting entrances or not separated by a solid wall.

Application to be signed. The application shall be signed by the applicant.

Publication. Prior to issuance of a license under this article, the Village Clerk shall publish notice of the application in the official Village newspaper.

Duplicate. Upon approval, a duplicate copy of each application shall be forwarded by the Village Clerk to the State Department of Revenue.

Inspection of premises.

No "Class B" or Class "B" license shall be issued hereunder for the sale of alcohol beverages on any premises unless such premises complies with and conforms to all ordinances and health, sanitation, building and fire regulations of the Village, county and state.

No "Class B" or Class "B" license shall be issued or renewed hereunder for the sale of alcohol beverages on any premises unless such premises shall first have been inspected by a code enforcement officer, the Chief of the Fire/Rescue Department, the Kenosha County Division of Health, or their designees, and unless such officers have filed with the Village Clerk a written report stating that said premises complies with the requirements of Subsection E(1).

§ 305-5 Restrictions on licenses.

Statutory requirements. Licenses shall be issued only to persons eligible therefor under § 125.04, Wis. Stats.

Location.

No retail "Class B" 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 main entrance of such school, church or hospital to the main entrance to the premises covered by the license.

This Subsection B 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, hospital or church building.

Violators of liquor or beer laws or ordinances. No retail "Class B" or Class "B" license shall be issued to any person who has been convicted of a violation of any federal or state liquor or fermented malt beverage law or the provisions of this article or whose license has been revoked, under § 125.12, Wis. Stats., during one year prior to such application. A conviction of a member of a partnership or the partnership itself shall make the partnership or any member thereof ineligible for such license for one year.

Health and sanitation requirements. No retail "Class B" or Class "B" license shall be issued for any premises which does not conform to the sanitary, safety and health requirements of the State Department of Safety and Professional Services pertaining to buildings and plumbing, to the rules and regulations of the State Department of Agriculture and Consumer Protection applicable to restaurants and to all such ordinances and regulations adopted by the Village Board.

License quota. The number of persons and places that may be granted a retail "Class B" liquor license under this article is limited as provided in § 125.51(4), Wis. Stats., but is not to exceed 30.

Corporations. No corporation organized under the laws of this state or any other state or foreign country may be issued any alcohol beverage license or permit unless such corporation meets the requirements of § 125.04(6), Wis. Stats.

Age requirement. No license hereunder, except an operator's license, shall be granted to any person who has not attained the legal drinking age. Operators' licenses may be issued only to applicants who have attained the age of 18.

Effect of revocation of license. Twelve months shall elapse before another license shall be granted to the person whose license was revoked.

Delinquent taxes, assessments and claims. See § 344-13 of this Code.

Issuance for sales in dwelling prohibited. No license shall be issued to any person for the purpose of possessing, selling or offering for sale any alcohol beverages in any dwelling house, flat or residential apartment.

Inactive licenses prohibited.

Within 20 days from issuance, the licensee shall be open for business, with adequate stock and equipment. In the event of his failure to do business within such time, his license shall be subject to revocation by the Board after a public hearing. The Board may, upon application of the licensee and for good cause shown by the licensee, extend the time for opening for an additional period of time.

If any licensee shall suspend or cease doing business for a period of 90 consecutive days or more, the "Class B" or Class "B" license shall be subject to revocation by the Board after public hearing.

§ 305-6 Form and expiration of licenses.

All licenses shall be numbered and shall state clearly the specific premises for which granted, the date of issuance, the fee paid and the name of the licensee and, unless sooner revoked, shall expire on June 30 thereafter, except as otherwise provided by law.

§ 305-7 Transfer of licenses.

As to person. No license shall be transferable as to any licensee, except as provided by § 125.04(12), Wis. Stats.

As to place. Licenses issued under this article may be transferred to another premises once during any license year as provided in § 125.04(12), Wis. Stats. Application for such transfer shall be made on forms furnished by the State Department of Revenue. Proceedings for transfer shall be had in the same manner and form as the original application. The fee for such transfer shall be as provided in § 272-1.

§ 305-8 Posting and display requirements.

Every license or permit required under this article shall be framed and posted and at all times displayed as provided in § 125.04(10), Wis. Stats. No person shall post such license or permit any other person to post it upon premises other than those mentioned in the application or knowingly deface or destroy such license.

§ 305-9 Regulation of licensed premises.

Gambling and disorderly conduct prohibited. Each licensed and permitted premises shall at all times be conducted in an orderly manner, and no disorderly, riotous or indecent conduct or gambling shall be allowed at any time on any such premises.

Employment of underage persons. No licensee shall employ any underage person who does not have a valid operator's license to serve, sell, dispense or give away any alcohol beverage.

Sales by clubs. No club shall sell intoxicating liquors or fermented malt beverages except to members and guests invited by members.

Safety and sanitation requirements. Each licensed premises shall be maintained and conducted in a sanitary manner and shall be a safe and proper place for the purpose for which used.

Noise control. Each licensed premises shall be maintained, and the business authorized herein shall be conducted, in a manner that shall not cause unusual and extraordinary noise to emanate therefrom so as to disturb the residents of the neighborhood in which the premises is located. There shall be no loudspeakers outside the licensed premises. Windows and doors to the licensed premises shall be kept closed at all times except when doors are being used for ingress and egress.

No retail "Class B" or Class "B" licensee shall suffer or permit any person to appear on licensed premises in such manner or attire as to expose to view any portion of the pubic area, anus, vulva, or genitals, or any simulation thereof, nor shall suffer or permit any female to appear on licensed premises in such manner or attire as to expose to view any portion of the breast below the top of the areola, or any simulation thereof.

§ 305-10 Closing hours.

No premises for which a Class "B" or "Class B" license or permit is issued may remain open between the hours of 2:00 a.m. and 6:00 a.m., except as provided in this subsection and Subsection C. On Saturday and Sunday, the closing hours shall be between 2:30 a.m. and 6:00 a.m., except that, on the Sunday that daylight saving time begins, as specified in § 175.095(2), Wis. Stats., the closing hours shall be between 3:30 a.m. and 6:00 a.m. Between 12:00 midnight and 6:00 a.m., no person may sell fermented malt beverages or intoxicating liquor on Class "B" or "Class B" licensed premises in an original unopened package, container or bottle or for consumption away from the premises. On January 1, premises operating under a Class "B" or "Class B" license or permit are not required to close.

No premises for which a "Class A" license or permit has been issued may remain open for the sale of intoxicating liquor between the hours of 9:00 p.m. and 6:00 a.m.

Hotels and restaurants, the principal business of which is the furnishing of food and lodging to patrons, bowling centers, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but may not sell fermented malt beverages or intoxicating liquor during the closing hours specified in Subsection A.

§ 305-11 Revocation, suspension or nonrenewal of licenses.

The following provisions shall apply to the revocation, suspension or nonrenewal of any alcohol beverage license issued pursuant to this article, notwithstanding any other provision of this Code except those providing for revocation or suspension of any license by the court.

Complaint. Except as provided in Subsection B, any resident of the Village may file a sworn written complaint with the Village Clerk alleging one or more of the following about any person or other entity licensed pursuant to this article:

The person has violated any provision of this article.

The person keeps or maintains a disorderly or riotous, indecent or improper house.

The person has sold or given away any intoxicant to any underage person or to persons intoxicated or bordering on intoxication or to known, habitual drunkards.

The person has failed to maintain the premises according to standards prescribed for sanitation by the Kenosha County Division of Health.

(5)

The person has not observed and obeyed any lawful order of the Village Board.

(6)

The person does not possess the qualifications required under this article to hold the license.

(7)

The person has been convicted of manufacturing or delivering a controlled substance under § 961.41(1), Wis. Stats.; of possessing, with intent to manufacture or deliver, a controlled substance under § 961.41(1m), Wis. Stats.; or of possessing, with intent to manufacture or deliver, or of manufacturing or delivering a controlled substance under a substantially similar federal law or a substantially similar law of another state.

(8)

The person knowingly allows another person, who is on the premises for which the license under this article is issued, to possess, with the intent to manufacture or deliver, or to manufacture or deliver a controlled substance.

No violations of § 125.07(1)(a), Wis. Stats., or conforming Village ordinance may be considered under this section unless the licensee or permittee has committed another violation within one year preceding the violation. If a licensee or permittee has committed two or more violations within one year, all violations committed within one year of a previous violation may be considered under this section.

Summons. Upon the filing of the complaint, the Village Board shall issue a summons, signed by the Clerk and directed to any peace officer in the municipality. The summons shall command the licensee complained of to appear before the Village Board on a day and time and at a place named in the summons, not less than three days and not more than 10 days from the date of issuance, and show cause why the license should not be revoked or suspended. The summons and a copy of the complaint shall be served on the licensee at least three days before the time at which the licensee is commanded to appear. Service shall be in the manner provided under Ch. 801, Wis. Stats., for service in civil actions in Circuit Court.

Procedure on hearing.

If the licensee does not appear as required by the summons, the allegations of the complaint shall be taken as true, and, if the Village Board finds the allegations sufficient, the license shall be suspended or revoked.

The Village President or the President's designee shall conduct the hearing, administer oaths to all witnesses and may issue subpoenas. 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 by a preponderance of the evidence.

(a)

If the licensee appears as required by the summons and denies the complaint, both the complainant and the licensee may produce witnesses, cross-examine witnesses and be represented by counsel. The licensee shall be provided a written transcript of the hearing at his or her expense. All proceedings and testimony shall be stenographically recorded. The Village Clerk shall mark and receive all exhibits admitted into the record.

(b)

If the Village Board, after considering the evidence presented at the hearing and any arguments presented by the complainant or the licensee, finds the complaint to be true, the Village Board shall make appropriate findings of fact and conclusions of law, and the license shall be suspended or revoked as provided below. The decision of the Village Board shall be a final determination for purposes of judicial review. If the complaint is found to be true, the licensee shall pay to the Village the actual cost of the proceedings.

The Village Clerk shall give notice of each suspension or revocation to the person whose license is suspended or revoked.

If the Village Board finds the complaint untrue, the proceeding shall be dismissed without cost to the licensee. If the Village Board finds the complaint to be malicious and without probable cause, the costs shall be paid by the complainant. The Village Board may require the complainant to provide security for such costs before issuing the summons under Subsection C.

Effect of revocation. When a license is revoked under this section, the revocation shall be recorded by the Village Clerk, and no other license issued under this article shall be granted to such licensee or for such premises for a period of 12 months from the date of the revocation.

Judicial review. The action of the Village Board in granting or failing to grant, suspending or revoking any license or the failure of the Village Board to revoke or suspend any license for good cause may be reviewed by the Kenosha County Circuit Court upon application by any applicant, licensee or resident of the Village. The procedure on review shall be as set forth in § 125.12(2)d, Wis. Stats.

Nonrenewal of license. The Village Board may refuse to renew a license issued under this article for the causes provided in Subsection A. Prior to the time for renewal, the Village Clerk shall, in writing, notify the licensee of the consideration of nonrenewal. Such notification 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 Subsections A and B shall apply.

Other provisions. In case of revocation of any license for any violation of any provision of this article 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.

§ 305-12 Point values for determining revocations and suspensions.

Purpose. The purpose of this section is to administratively interpret those portions of this article relating to establishing an alcohol beverage demerit point system to assist in determining which license holders should be subject to suspension or revocation procedures.

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.

Statute or Ordinance Section Number	Type of Violation	Point Value
§ 125.07(1)(a), Wis. Stats.	Traffic to underage person	50
§ 125.07(2)(a), Wis. Stats.	Traffic to intoxicated person	50
§ 125.07(3)(a), Wis. Stats.	Underage person on premises	25
§ 125.07(7)(a), Wis. Stats.	Failure to keep proper book	25
§ 305-2	Failure to be licensed	100
§ 305-7	Unauthorized transfer of license	50
§ 305-4	False statement on application	50
§ 305-5F	Corporation and agent responsibility violations	25
§ 305-8	Failure to frame and post license	25
§ 125.32(2), Wis. Stats.	No licensed bartender	25
§ 305-5D	Licensed premises to be sanitary	25
§ 305-2D	Sign to be posted	25
§ 305-10	Sell or dispense after hours	50
§ 305-10	No carry-out after hours	25
§ 125.09(3), Wis. Stats.	Place-to-place deliveries	25
§ 125.09(1), Wis. Stats.	Sell or serve on public street	25
§ 305-9A	Gambling	25
§ 125.33(1), Wis. Stats.	Wholesalers' restrictions	50
§ 125.32(5), Wis. Stats.	Brand disclosure on tap	25
§ 305-9F	Nude or seminude entertainer or employee	50
Any other nonenumerated violations of Ch. 125, Wis. Stats., or Chapter 305, Article I, of this Code		25
In construing the number of points to be assessed for an alleged violation, it is the statute or chapter section number rather than the type of violation which shall control.

Violations; how calculated. In determining the accumulated demerit points against a license within 12 months, the Village shall use the date each violation was committed as the basis for the determination.

Suspension or revocation of license.

The Village Board shall call before it for purposes of a revocation or suspension hearing all licensees who have accumulated 100 points in a twelve-month period as a result of court-imposed convictions or who have had referred to it reports from the Village Clerk which, if believed, would result in 100 demerit points in 12 months.

(a)

Formal expression of concern. In those instances in which a licensee has accumulated less than 100 demerit points as determined by the Village Clerk, and additional violations on one date would result in the accumulation of at least 100 points but not more than 200 points, the Village Board may call before it the licensee for purposes of a formal expression of concern. If the licensee appears, no discussion of the alleged facts underlying the assessment of demerit points shall be permitted unless the licensee requests such discussion, but only if the licensee is advised that any statements made by the licensee and/or her/his representatives regarding the alleged facts may be considered by the Village Board in any subsequent suspension/revocation hearing which may result from the alleged violations which are the subject of the formal expression of concern. If the licensee appears, no points shall be assessed for the alleged violations which triggered the formal expression of concern. If the licensee fails to appear after service of the notice to appear, the matter shall be scheduled for a suspension/revocation hearing. Service of the notice to appear shall be by first-class mail sent to the agent if the licensee is a corporation or a limited liability company, to the licensee if an individual, or to any partner if the licensee is a partnership. If the notice is returned by the post office as undeliverable, the notice may be left with any employee found on the licensed establishment at least 24 hours before the date and time of the scheduled appearance before the Village Board. A formal expression of concern in lieu of the assessment of demerit points may only occur once within a one-year period.

If the demerit point accumulation, calculated from the date of violation, meets or exceeds 100 points in a twelve-month period, the suspension shall be for not less than 10 days nor more than 90 days. If the license(s) is revoked, no other license shall be granted to such licensee for a period of 12 months from the date of revocation.

The procedure to be used for suspension or revocation shall be that found in § 305-11A and D.

§ 305-13 Violations by agents and employees.

A violation of this article by an authorized agent or employee of a licensee shall constitute a violation by the licensee.

§ 305-14 Possession on school grounds.

Prohibited. Except as provided by Subsection B, no person shall possess or consume alcohol beverages:

On school premises.

In a motor vehicle, if a pupil attending the school is in the motor vehicle.