The provisions of Ch. 125, Wis. Stats., defining and regulating the sale, procurement, dispensing, transfer and consumption of alcohol beverages, including provisions relating to underage persons, are adopted and made a part of this section by reference. A violation of any of such provision shall constitute a violation of this section.
[HISTORY: Adopted by the Village Board of the Village of Barneveld as indicated in article histories. Amendments noted where applicable.]
[Adopted as § 12.03 of the 1993 Code]
A.
When required. Except as provided by § 125.06, Wis. Stats., no person shall, within the Village, serve, sell manufacture, rectify, brew or engage in any other activity for which this chapter or Ch. 125, Wis. Stats., requires a license, permit or other authorization without holding the appropriate license, permit or other authorization as provided in this chapter. See § 125.04(1), Wis. Stats.
There shall be the following classes and denominations of licenses which, when issued by the Clerk under the authority of the Village Board shall authorize the licensee to sell, deal or traffic in intoxicating liquor or fermented malt beverages as provided in the referenced state statute. Except as otherwise provided in this section, the full license fee shall be charged for the whole or fraction of any year.
B.
Class B fermented malt beverage retailer's license: see § 125.26, Wis. Stats.
(1)
Six months. A Class B license may be issued at any time for six months in any calendar year for 50% of the applicable license fee. Such license shall not be renewable during the calendar year in which issued. See § 125.26(5), Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
Picnic. See § 125.26(6), Wis. Stats. The Village Board of Barneveld authorizes the Village Clerk to issue Temporary Class 'B' licenses, provided that the criteria under § 125.26(6) is met.[1]
Exceptions: The following organizations must appear before the Village Board for a Temporary Class 'B' license: | |
1. | Organizations applying for the first time for a license. |
2. | Organizations that have had complaints against them or problems with enforcing the alcohol beverages laws, Ch. 125, Wis., Stats. |
D.
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. Wine, however, may be sold for consumption off the premises in the original package or otherwise in any quantity. See § 125.51(3), Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1)
A license may be issued after July 1 in any license year, which shall expire on the following June 30. The fee for the license shall be prorated according to the number of months or fractions of months remaining until the following June 30.
E.
Class C Wine License: a Class C License authorizes the retail sale of wine by the glass or in opened original container for consumption on the premises where sold.
[Added 4-1-1992]
G.
Provisional license: see § 25.17(5), Wis. Stats.
(1)
The Village Board shall issue provisional licenses to a person applying for an operator's license. The fee is as set by resolution of the Village Board. A provisional license expires 60 days after its issuance or when an operator's license is issued to the holder, whichever is sooner.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(a)
The Board may revoke the license if they discover the holder of the license made a false statement on the application.
(2)
Training course. The Village Board may issue a provisional license to a person who is enrolled in a responsible beverage servers training course. The Board shall revoke the license if the applicant fails to successfully to complete the course in which he or she enrolls.
A.
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 State Department of Revenue and filed with the Clerk. The premises shall be physically described, including every room and storage space to be covered by the license and all rooms joined by connecting entrances or not separated by a solid wall.
B.
Applications shall be signed by the applicant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
List of licensees. By July 15 of each year, the Clerk shall forward to the State Department of Revenue a list containing the name, address and trade name of each person holding a license issued under this section, except a picnic, manager's or operator's license.
[Amended 1990]
A.
Age requirement. No license hereunder, except an operator's license, shall be granted to any person who has not attained the legal drinking age. Operator's licenses may be issued only to applicants who have attained the age of 18.
[Amended 1990]
B.
Effect of revocation of license. Whenever any license has been revoked, at least 12 months shall elapse before another license shall be granted to the person whose license was revoked.
C.
Delinquent taxes, assessments and claims. No license shall be granted or renewed for any premises for which taxes, assessments or other claims of the Village are delinquent and unpaid, or to any person delinquent in payment of such claims to the Village.
D.
Class B licensed premises to be on street level. A retail Class B license shall be issued only for that portion of a premises located on the street level. This restriction shall not apply to a bona fide club, society or lodge in existence not less than six months prior to application nor prohibit any hotel holding a state permit from supplying beverages in original containers to bona fide patrons in rooms rented by such patrons.
E.
Issuance for sales in dwellings prohibited. No license shall be issued to any person for the purpose of possessing, selling or offering for sale any intoxicating liquor or fermented malt beverages in any dwelling house, flat or residential apartment.
[1]
Editor's Note: Original Sec. 12.03(5)(a) through (f) of the 1993 Code was noted as "missing" in the original copy, and has been excluded.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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 and, unless sooner revoked, shall expire on June 30 thereafter except as otherwise provided.
A.
As to person. No license shall be transferable as to licensee, except as provided by § 125.04(12), Wis. Stats.
B.
As to place. Licenses issued pursuant to this section 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 blanks furnished by the State Department of Revenue. Proceedings for transfer shall be had in the same manner and form as the original application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Every license or permit required under this section 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.
A.
Gambling and disorderly conduct prohibited. Each licensed premises shall at all times be conducted in an orderly manner; and no disorderly, riotous or indecent conduct or gambling (except as provided by state law) shall be allowed at any time on any licensed premises.
[Amended 1990]
B.
Employment of underage persons. No licensee shall employ any underage person who does not have a valid operator's license to sell, serve, dispense or give away any alcohol beverage.
[Amended 1988]
C.
Sales by clubs. No club shall sell intoxicating liquors or fermented malt beverages except to members and guests invited by members.
D.
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.
E.
Sale of beer in disposable bottles restricted. No person required to hold a license under § 153-2A, or anyone acting as agent or employee of such person, shall sell or, for the purpose of evading this section, give away fermented malt beverages contained in disposable bottles (bottles for which a return deposit is not required) between 6:00 p.m. and 8:00 a.m.
[Amended 1988; 1990; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
No premises for which a retail liquor or fermented malt beverage license has been issued shall remain open for the sale of liquor:
A.
If a retail Class A license, premises may remain open for the conduct of their regular business, but may not sell intoxicating liquor between 9:00 p.m. and 6:00 a.m. and may not sell fermented malt beverages between 12:00 midnight and 6:00 a.m.
B.
If a retail Class B license, between 2:00 a.m. and 6:00 a.m. on weekdays and between 2:30 a.m. and 6:00 a.m. on Saturdays and Sundays. On January 1, premises operating under a Class B license are not required to close. No package, container or bottle sales may made after midnight.
C.
Hotels and restaurants, the principal business of which is the furnishing of food and lodging to patrons, bowling alleys, indoor horseshoe pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business, but no intoxicating liquors or fermented malt beverages shall be sold during prohibited hours.
A.
Procedure. Whenever the holder of any license under this article violates any portion of this article, proceedings for the revocation or suspension of such license may be instituted under the procedure established by § 125.12, Wis. Stats., and provisions therein relating to granting a new license shall likewise be applicable.
B.
Effect of revocation:see § 153-5H.
C.
Revocation for nonuse.
(1)
Within 60 days from the issuance of a Class A Retail Liquor License or 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. In the event of the licensee's failure to do business within such time, such license shall be subject to revocation by the Village Board after a public hearing. The Board may for good cause shown extend the sixty-day period.
(2)
If any licensee shall suspend or cease doing business for a period of 60 consecutive days or more, that Class A Retail Liquor License or Class B intoxicating Liquor License, or that Class B Fermented Malt Beverage License shall be subject to revocation by the Village Board.
D.
Repossession of license or permit. Whenever any license or permit under this article shall be revoked or suspended by the Village Board or action of any court, the Clerk shall notify the licensee or permittee of such suspension or revocation and notify the Chief of Police, who shall take physical possession of the license or permit wherever it may be found and file it in the Clerk's office.
Before renewal of any license issued under this article is refused, the licensee shall be given written notice of any charges or violations against him or the reasons proposed for nonrenewal and a copy of any proposed motion for nonrenewal and shall have an opportunity to be heard before the Village Board.
A violation of this article by an authorized agent or employee of a licensee shall constitute a violation by the licensee.