Article I In General

Required. Except as provided by Wis. Stats. § 125.06, no person within the Village shall serve, sell, manufacture, rectify, brew or engage in any other activity for which this chapter or Wis. Stats. Ch. 125 requires a license, permit or other authorization, without holding the appropriate license, permit or other authorization as provided in this chapter.

Licensees with multiple locations or premises. 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.

§ 6-3 Inspections.

[Code 1993, § 12.02(13)]

Consent. An applicant for a license under this chapter thereby consents to the entry of police or authorized representatives of the Village upon the licensed premises at all reasonable hours for the purposes of inspection and search, and consents to removal from the premises and introduction into evidence in prosecutions for violations of this chapter all things found therein in violation of this chapter or law.

§ 6-4 Issuance of license for sales in dwellings.

Reinspections. License fees cover the costs of an initial inspection and one reinspection. Second and subsequent reinspections require a reinspection fee as set by the Village Board.

[Code 1993, § 12.03(6)(k)]

No license shall be issued to any person for the purpose of possessing, selling or offering for sale any intoxicating liquor or fermented malt beverage in any dwelling, house, flat or residential apartment.

§ 6-5 License fees.

[Code 1993, § 12.02(4)]

Required with application. License fees imposed under § 6-8 shall accompany the license application. If a license is granted, the Clerk-Treasurer shall issue the applicant a receipt for the license fee.

Refunds. No fee paid shall be refunded unless the license is denied, with the exception of an alcohol beverage license. Denial of any other license shall result in a refund of the license fee, less a $25 service charge or the actual license fee, whichever is less. When the holder of an alcohol beverage license shall surrender such license, the holder shall be entitled to a prorated refund of the unearned license fee, minus a service charge of $25.

§ 6-6 Classes of licenses and fees.

[Code 1993, § 12.03(3); amended 6-8-2015 by Ord. No. 03-2015; 9-25-2017 by Ord. No. 14-2017]

There shall be the following classes and denominations of licenses which, when issued by the Clerk-Treasurer under the authority of the Village Board, shall allow the licensee to sell, deal or traffic in intoxicating liquor or fermented malt beverages as provided in the referenced statute. Except as otherwise provided in this chapter, the full license fee on file in the Clerk-Treasurer's office shall be charged for the whole or fraction of any year.

Class "A" fermented malt beverage retailer's license. See Wis. Stats. § 125.25.

Class "B" fermented malt beverage retailer's license. See Wis. Stats. § 125.26.

Part-time. A license may be issued at any time for six months in any calendar year, for which 50% of the applicable license fee shall be paid, but such temporary license shall not be renewable during the calendar year in which license is issued. See Wis. Stats. § 125.26(5).

Temporary Class "B". See Wis. Stats. § 125.26(6).

Retail "class A" liquor license. See Wis. Stats. § 125.51(2).

Retail "class B" liquor license. See Wis. Stats. § 125.51(3).

§ 6-7 Wine sampling on retail "Class A" liquor license premises.

Retail "class C" liquor license. See Wis. Stats. § 135.51(3)(m).

[Ord. No. 1302, 12-9-2002; Ord. of 12-10-2002]

The provision of wine taste samples, of not more than three fluid ounces each, free of charge, by a "class A" licensee to customers and visitors for consumption on the premises is permissible as follows:

No "class A" licensee may provide more than two taste samples per day to any one person. This subsection applies only between the hours of 10:00 a.m. — 6:00 p.m. Notwithstanding Wis. Stats. § 125.07(1)(a)1, no "class A" licensee may provide taste samples under this subsection to any underage person.

No "class A" licensee may provide, as taste samples under this Subsection (a), wine that the "class A" licensee did not purchase from a wholesaler.

Notwithstanding any other provisions contained in this section, the authority provide wine taste samples is conditioned that:

The Village Board shall require an operator's/bartender's license to conduct the wine tasting.

The Village Board may limit the location of wine tasting to the liquor department only.

The Police Chief shall be notified prior to the wine tasting.

An application must be completed by the "class A" license holder.

§ 6-8 License and annual fee required.

[Code 1993, § 12.01(1), (2), (12); amended 6-8-2015 by Ord. No. 03-2015; 9-25-2017 by Ord. No. 14-2017]

Unless otherwise indicated, a license and annual fee shall be required as follows:

Fermented malt beverages:

Retail Class "A." On file in the Clerk-Treasurer's office.

Retail Class "B." On file in the Clerk-Treasurer's office.

Temporary. On file in the Clerk-Treasurer's office.

Operators. On file in the Clerk-Treasurer's office.

Managers. On file in the Clerk-Treasurer's office.

Provisional operators. On file in the Clerk-Treasurer's office.

Transfers. On file in the Clerk-Treasurer's office.

Intoxicating liquor:

Retail "class A." On file in the Clerk-Treasurer's office.

Retail "class B." On file in the Clerk-Treasurer's office.

Retail "class C". On file in the Clerk-Treasurer's office.

Nonintoxicating beverages:

Class E. On file in the Clerk-Treasurer's office.

Repealed Ord. 17-2018 July 23, 2018

§ 6-9 Operator's license.

[Code 1993, § 12.03(15)]

Required. No person, other than the licensee, the spouse of the licensee, an agent of a corporation appointed as required by Wis. Stats. § 125.04(6) or the manager licensed under § 6-10, may serve or sell alcohol beverages in any place operated under a Class B license unless he has an operator's license. Application for an operator's license shall be made to the Clerk-Treasurer on such form as the Clerk-Treasurer may provide, and shall be accompanied by the fee as prescribed in § 6-8. Notwithstanding any other provision contained in this chapter, an operator's license may only be issued to an applicant who has attained the age of 18 years per Wis. Stats. § 125.04(5)(d). Operator's licenses may be issued by the Village Clerk pursuant to Wis. Stat. § 125.17(1).

[Amended 5-11-2020 by Ord. No. 7-2020]

Provisional license.

A provisional license may be issued by the Clerk-Treasurer only to a person who has applied for an operator's license. A provisional license may not be issued to any person who has been denied a license by the Village Board.

A provisional license expires 30 days after its issuance or when a regular operator's license is issued to the holder of such license, whichever occurs first.

Temporary license. A temporary license may be issued only to operators employed by, or donating their services to, nonprofit corporations. No person may hold more than one temporary license per year. The temporary license is valid for any period from one to 14 days, and the period for which such license is valid shall be stated on the license.

§ 6-10 Manager's license required.

[Code 1993, § 12.03(16)]

No person may manage a premises operating under a Class B license issued by the Village under this article unless the person is the licensee, the spouse of the licensee, an agent of a corporation appointed as required by Wis. Stats. § 125.04(6) or the holder of a manager's license as defined in Wis. Stats. § 125.32(1). Application for a manager's license shall be made to the Clerk-Treasurer on such form as the Clerk-Treasurer may provide, and shall be accompanied by the fee prescribed in § 6-8. Any person holding a manager's license issued under this article shall also be considered to be the holder of an operator's license as required in § 6-9.

§ 6-11 License application.

[Code 1993, § 12.03(4)]

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-Treasurer. 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.

Notarization. Applications shall be signed and sworn to by the applicant as provided by Wis. Stats. § 887.01.

§ 6-12 License granting and transferal procedure.

List of licensees. By July 15 of each year, the Clerk-Treasurer 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 chapter, except a picnic, manager's or operator's license.

[Code 1993, § 12.03(5)]

Purpose. The purpose of this section is to establish an equitable procedure for the granting of "class B" combination licenses which are limited in number pursuant to a quota system established and controlled by statute. As such, the procedures set forth in this section are to be implemented when granting an available license.

Notice.

When the number of "class B" combination licenses granted by the Village falls under quota or is reduced in any fashion, the Clerk-Treasurer shall notify the Village Board and License Committee of such circumstances. The Village Board shall acknowledge the report of the Clerk-Treasurer on the number of "class B" combination licenses granted by motion in their official record. The report will be included in the normal manner as part of the Village Board's proceedings. The License Committee will then allow at least 30 days to elapse before considering granting any "class B" combination licenses to replace the licenses which have been revoked, nonrenewed or are otherwise available.

Procedures enumerated in Subsection (b)(1) of this section shall not apply to routine renewals.

Applications. Applications for available "class B" combination licenses shall contain the following information:

State alcohol beverage license application.

Financial responsibility statement provided by the applicant's financial institution, demonstrating that the applicant has access to sufficient resources to implement the proposed business venture.

Duplicate copies of a drawing or sketch, to scale, or other suitable description, to indicate the size of the building and its capacity, rooms and their purposes, type of construction, as well as site of the building on the property and available parking, with ingress and egress.

Proof of one of the following:

Ownership of a building or a piece of real property upon which a building can be constructed.

A lease on a building which is properly zoned to house the proposed venture.

An option to purchase property which is properly zoned for the venture.

An option to lease property which is properly zoned for the venture.

Failure to supply required information. Failure of a party to supply any of the information required in Subsection (c) of this section may result in refusal to grant, transfer or renew a license pursuant to this section.

(e)

Determination of License Committee.

The License Committee will make a determination of the social and economic benefit of the proposed venture to the Village. The License Committee will also determine if the establishment is in harmony with, and complementary to, other proposed or adopted plans for community development.

At the discretion of the License Committee, but no sooner than 30 days after the making of the report of the Clerk-Treasurer to the License Committee, the names of all applicants will be considered and the successful applicants will be chosen and recommended to the Village Board for approval. The remaining applications will continue to be on file until the end of the license year applied for and may be reconsidered when other license opportunities become available.

§ 6-13 License restrictions.

[Code 1993, § 12.03(6); Ord. No. 3-2004, § 12.03(6)(1), 4-12-2004; Ord. No. 4 04, § 12.03(6)(s), 4-26-2004; amended 4-23-2012 by Ord. No. 04-2012; 6-8-2015 by Ord. No. 03-2015]

Statutory requirements. Class A and Class B licenses shall be issued only to persons eligible for such licenses under Wis. Stats. § 125.04.

Location.

Distance Restrictions. No retail Class A or Class B license shall be issued for any premises of which the main entrance 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 such premises.

Exclusion. 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 A 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 section, or whose license has been revoked under Wis. Stats. § 125.12 during a period of 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 a period of one year.

Health and sanitation. No retail Class A 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 commerce pertaining to buildings and plumbing, the rules and regulations of the state department of health applicable to restaurants and all such ordinances and regulations adopted by the Village.

(e)

License quota.

The number of persons and places that may be granted a retail Class B liquor license under this chapter is limited as provided in Wis. Stats. § 125.51(4).

The number of persons that may be granted a Class A retail liquor license under this chapter shall be and hereby is limited as follows:

There shall be only one Class A retail liquor license for each 1,000 inhabitants, or fraction thereof, in the Village as determined by the last preceding census of the Bureau of the Census of the United States government or the estimate made by the state.

(f)

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 Wis. Stats. § 125.04(6).

(g)

Age requirement. No license under this chapter, 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 years.

(h)

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.

(i)

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, unless such person has made arrangements suitable to the Village for payment of the delinquent taxes, assessments or other claims.

(j)

Class B licensed premises to be located on street level; exceptions. 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.

(k)

Use of area outside licensed area limited. Provided the initial or renewal alcohol beverage license describes adjacent premises owned or leased by the licensee or is amended to so describe such premises, service and consumption of intoxicating liquor or fermented malt beverages shall be permitted in such adjacent area on the provided that:

A site plan for such use is first submitted and receives favorable recommendation from the Village Plan Commission and approval by the Village Board, which site plan shall show that no dwelling, except if located in the same structure as the licensed premises, shall be within 150 feet of the outer boundary of such area.

The area is designated by a fence, decorative chain and posts or other suitable barricades at least three feet in height that cordons the area off from the remainder of the outside area. Such barriers may be placed to allow the public access from the outside as well as through the licensed premises.

The area is cleared of all persons by not later than 10:00 p.m.

No loud music or dancing shall be allowed in the outside area.

The outdoor area shall be supervised at all times by the licensee or an authorized employee.

(6)

All other Village ordinances, including those relating to littering, noise or drinking of intoxicants where prohibited, shall be observed.

(l)

Continuity of business. No "class B" retail liquor license shall be held by any person who is not actively engaged in the business for which such license is issued. Failure to continuously be so engaged shall constitute an abandonment of such license and shall be cause for revocation of the license. In the case of corporations licensed under this chapter, this subsection shall apply to all officers and directors of such corporation. Failure to operate a licensed place of business for 60 days shall be cause for revocation of the license, except that where the licensed place of business is operated in connection with a seasonal business, the licensed place of business may be closed during the closed season of such seasonal business. If the premises designated to be licensed has not yet been constructed (any such applicant for a license being required to have a legal interest in such designated premises), the Village Board may, in its discretion, extend the period of inactivity for good cause shown.

(m)

Records.

Any person may inspect applications for licenses to sell alcohol beverages.

The Clerk-Treasurer shall retain all applications made to the Village for licenses to sell alcohol beverages.

The Clerk-Treasurer may destroy all applications more than four years of age which have been retained under Subsection (m)(2) of this section.

(n)

Curtains and doors. During the hours when a licensed premises is required to be closed, any curtains or other obstructions to view, facing on the street or highway, shall be removed to such an extent that a clear view may be had of the interior of such premises. In any such premises, no curtain, door or other obstruction shall close off the view into any booth, room or other enclosure in which any alcohol beverage may or can be served.

(o)

Premises required to be kept open to the public. The premises for which a license shall have been issued under this chapter shall be kept open to the general public at all times when alcohol beverages are offered for sale therein.

(p)

Certain entertainment and other practices prohibited.

Scope and findings.

The Village Board has explicit authority under Wis. Stats. § 125.10(1) to adopt regulations governing the sale of alcohol beverages which are in addition to the regulations set forth in Wis. Stats. Ch. 125;

The Village Board has authority under its general police powers set forth in Wis. Stats. § 61.34 to act for the good order of the Village and for the health, safety and welfare of the public, and may carry out its powers by regulation and suppression;

The Village Board recognizes it lacks authority to regulate obscenity in light of Wis. Stats. § 66.0107(3), and does not intend, by adopting the ordinance from which this chapter is derived, to regulate obscenity and, since nudity in and of itself is not obscene, it declares its intent to enact an ordinance addressing the secondary effects of live, totally nude, nonobscene, erotic dancing in bars and taverns;

Bars and taverns featuring live, totally nude, nonobscene, erotic dancing have, in other communities, tended to further the increase of criminal and other offensive activity; disrupt the peace and order of the communities; depreciate the value of real property; harm the economic welfare of the communities and negatively affect the quality of life of the communities; and such secondary effects are detrimental to the public health, safety and general welfare of citizens;

The Village Board recognizes the U.S. Supreme Court has held that nude dancing is expressive conduct within the outer perimeters of the First Amendment to the United States Constitution and, therefore, entitled to some limited protection under the First Amendment, and the Village Board further recognizes that freedom of speech is among our most precious and highly protected rights, and wishes to act consistently with full protection of those rights;

However, the Village Board is aware, based on the experiences of other communities, that bars and taverns in which live, totally nude, nonobscene, erotic dancing occurs may and do generate secondary effects which the Village Board believes are detrimental to the public health, safety and welfare of the citizens of the Village;

Among such secondary effects are the:

Potential increase in prostitution and other sex-related offenses, as well as other crimes and offenses;

Potential depreciation of property values in neighborhoods where bars and taverns featuring nude dancing exist;

Health risks associated with the spread of sexually transmitted diseases; and

Potential for infiltration by organized crime for the purpose of unlawful conduct.

The Village Board desires to minimize, prevent and control these adverse effects and thereby protect the health, safety and general welfare of the citizens of the Village; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight; and

The Village Board has determined that enactment of an ordinance prohibiting live, totally nude, nonobscene, erotic dancing in bars and taverns licensed to serve alcohol beverages promotes the goal of minimizing, preventing and controlling the negative secondary effects associated with such activity.

Definitions. The following words, terms and phrases, when used in this Subsection (p), shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

LICENSED ESTABLISHMENT

Any establishment licensed by the Village Board to sell alcohol beverages pursuant to Wis. Stats. Ch. 125.

LICENSEE

The holder of a retail Class "B" license under Wis. Stats. § 125.26(1), a "class B" license under Wis. Stats. § 125.51(3) or "class C" license under Wis. Stats. § 125.51(3m), granted by the Village Board.

Exemptions. The provisions of this section do not apply to the licensed theaters, performing arts centers, civic centers and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers of entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.

Unlawful acts. It is unlawful for any person to perform or engage in, or for any licensee or manager or agent of the licensee to permit any person, employee, entertainer or patron to perform or engage in any live act, demonstration, dance or exhibition on the premises of a licensed establishment which:

Shows such person's genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering;

Shows any portion of the female breast below a point immediately above the top of the areola; or

Shows the covered male genitals in a discernibly turgid state.

Prohibited conduct. No licensee, either personally or through his agent or employee, shall permit any person in the licensed premises to perform acts of, or acts which, simulate:

Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.

The touching, caressing or fondling of the breast, buttocks, anus or genitals.

The displaying of the pubic hair, anus, vulva or genitals.

The showing of films or slides or scenes wherein artificial devices or inanimate objects or drawings are employed to portray or depict any of the acts which are prohibited by the regulations stated in Subsections (p)(5)a — c of this section.

(6)

Stage area. No licensee, either personally or through his agent or employee, shall furnish entertainment or permit the performance of any act, stunt or dance unless such act, stunt or dance shall be performed on a stage area designated for such purpose. The use of the surface of the bar proper as a stage area is prohibited. When the stage area is located behind the bar, the nearest point of any such stage area shall not be less than six feet from the outer limits of the patrons' side of the bar. When the stage area is located outside of the bar (i.e., on the patrons' side of the bar), such area shall be raised from the floor level and separated by a railing or other device so as to provide a distance of at least six feet between the patrons and the performers so as to deter patrons from participating in any act, stunt or dance.

(7)

Disorderly conduct by patrons. No licensee, either personally or through his agent or employee, shall permit any patron to participate in any act, stunt or dance with performers or employees who are under the auspices of the management.

(8)

Solicitation of drinks. No licensee, either personally or through his agent or employee, shall permit the solicitation by any entertainer or employee of a drink of intoxicating liquor, fermented malt beverage or other drink from any customer or patron or other person on the premises, and no entertainer or employee shall solicit any such drink from any customer, patron or other person on such premises.

(9)

Fraternization. No licensee, either personally or through his agent or employee, shall permit any entertainer, waiter, waitress or other employee to sit at any table or in any booth or elsewhere on the licensed premises with any customer or patron; provided, however, that this subsection shall not apply to a member of the immediate family of the licensee or to any person claiming under him who lives in the same household as the licensee and is over 18 years of age.

(10)

Violations; penalties. In addition to all other penalties provided in this chapter, a violation of this Subsection (p) constitutes sufficient grounds for suspending, revoking or nonrenewing an alcohol beverage license under Wis. Stats. § 125.12.

(q)

Presence of underage persons in Class B premises. Notwithstanding the restrictions and exceptions applicable to underage persons on licensed premises as set forth in Wis. Stats. § Ch. 125, and as adopted by this chapter, an underage person may enter or remain in a room in a Class B licensed premises separate from any room where alcohol beverages are sold or served if no alcohol beverages are furnished or consumed by any person in the room where the underage person is present, provided that the licensee shall have accomplished each of the following:

The licensee shall have submitted to and obtained the approval of the License Committee of the Village Board for the plan of operation and anticipated schedule of events for such activity, together with such other information as the License Committee requests.

The licensee has obtained the approval of the Police Department in the form of a written authorization permitting underage persons to be present under the terms of this Subsection (q) on the date specified in the authorization. The licensee shall obtain a separate authorization from the Police Department for each day on which underage persons will be present on the premises. In determining whether to issue such authorization, the Police Department shall make a determination that the presence of underage persons on the licensed premises would not endanger the health, welfare or safety of such underage persons or that of the other members of the community. The following criteria shall be utilized by the Police Department in making such a determination:

The licensee shall have presented to, and obtained the approval of, the Police Department with respect to a detailed security plan encompassing both the licensed premises and the parking areas servicing the licensed premises.

Ensure that the protective services of the Village are not unduly strained, and no more than two such authorizations shall be granted for any one day.

The plan and information submitted by the licensee is consistent with that presented to the License Committee when obtaining initial approval.

(r)

Gambling Machine.

Definition. For the purpose of this section, gambling machine shall be as defined in Wis. Stats. § 945.01.

§ 6-14 Contents and expiration of licenses.

Regulation and Penalty. For the purpose of this section, regulation and penalties of gambling machines shall be as defined in Wis. Stats. § 945.02 to § 945.041.

[Code 1993, § 12.03(7)]

All licenses shall be numbered in the order in which they are issued and shall clearly state the specific premises for which the licenses are granted, the date of issuance, the fee paid and the name of the licensee and, unless sooner revoked, such licenses shall expire on June 30 after the issuance thereof, except as otherwise provided.

§ 6-15 Transfer of licenses.

[Code 1993, § 12.03(8)]

Persons. No license shall be transferable to a different licensee, except as provided by Wis. Stats. § 125.04(12)(b). The granting of the transferred license to the new licensee is to be reviewed in the same manner as the granting of a new license by the Village Board.

§ 6-16 Regulation of licensed premises and licensees.

Places. Licenses issued pursuant to this chapter may be transferred to another premises once during any license year as provided in Wis. Stats. § 125.04(12). Application for such transfer shall be made on forms furnished by the state department of revenue. Proceedings for such transfer shall be had in the same manner and form as the original application. The fee for such transfer shall be as stated in § 6-8.

[Code 1993, § 12.03(9)]

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

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 it is used.

§ 6-17 Closing hours.

[Code 1993, § 12.03(10); amended 6-8-2015 by Ord. No. 03-2015]

No premises for which a retail liquor or fermented malt beverage license has been issued shall remain open for the sale of alcohol beverages during the following hours:

Retail Class "A" licensees: Between 12:00 midnight and 8:00 a.m.

Retail "class A" licensees: Between 9:00 p.m. and 8:00 a.m.

Retail Class B licensees: 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, a premises operating under a Class B license is not required to close. No package, container or bottle sales may be made after 12:00 midnight.

Hotels and restaurants, the principal business of which is the furnishing of food or 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.

§ 6-18 Underage persons.

[Code 1993, § 12.03(11)]

Any underage person who does any of the following is guilty of a violation:

Procures or attempts to procure alcohol beverages.

Knowingly possesses or consumes alcohol beverages.

Enters or is on licensed premises in violation of Wis. Stats. § 125.07(3)(a).

Falsely represents his age for the purpose of receiving alcohol beverages from a licensee or permittee.

Any underage person not accompanied by his parents, guardian or spouse who has attained the legal drinking age who knowingly possesses or consumes fermented malt beverages is guilty of a violation.

The following fines shall be imposed for violations of this section:

For a first violation, a forfeiture of not more than $200.

For a violation committed within 12 months of a previous violation, a forfeiture of not more than $300.

For a violation committed within 12 months of two or more previous violations, a forfeiture of $400.

§ 6-19 Revocation, suspension and nonrenewal of licenses.

This section does not prevent an underage person in the employ of a licensee or permittee from possessing alcohol beverages for sale or delivery to customers.

[Code 1993, § 12.03(12); Ord. No. 3-2009, 1-26, 2009]

The following provisions shall apply to the revocation, suspension or nonrenewal of any license issued pursuant to this chapter, notwithstanding any other provision of this Code, except provisions providing for revocation or suspension of any license by the court. The provisions in this section are in addition to any other provisions of this Code.

Complaint. Upon complaint made in writing under oath by any person and filed with the Clerk-Treasurer that any person or other entity licensed pursuant to this chapter has violated any provision of this chapter or any provision of law; has failed to maintain the premises according to standards prescribed for sanitation by the Village health office; that the licensee has not observed and obeyed any lawful order of the Village or police officer; or for any other good reason, the Village Board or License Committee shall issue a summons commanding the licensee complained of to appear before the License Committee or a special committee designated by the Village Board on a day and time, and 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, nor more than 10 days before the time at which the licensee is commanded to appear and may be served personally upon the licensee or his agent, 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 such offense, and the facts constituting the alleged offense.

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 License Committee finds the allegations sufficient, the license shall be revoked. The Clerk-Treasurer shall give notice of the revocation to the person whose license is revoked.

The License Committee shall serve as the hearing agency for the Village Board. The chair of the License Committee or his designee shall conduct the hearing, administer oaths to all witnesses and may issue subpoenas. As far as practicable, the rules of evidence provided in Wis. Stats. § 227.45 shall be followed. The complainant shall have the burden of proving the charges by a preponderance of the evidence. 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 with a written transcript of the hearing, at his expense. All proceedings and testimony shall be recorded on tape and transcribed, unless waived by both the complainant and the licensee. If either party requests a stenographic recording and transcription, Village staff shall make the necessary arrangements, but the expense shall be borne by the requesting party. The secretary to the License Committee shall mark and receive all exhibits admitted into the record. Within 20 days of the completion of the hearing, the License Committee shall submit a report to the Village Board, including 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. The License Committee shall provide the complainant and the licensee with a copy of the report. Either the complainant or the licensee may file an objection to the report and shall have the opportunity to present arguments supporting the objection to the Village Board. The Village Board shall determine whether the arguments shall be represented orally or in writing, or both. At the meeting of the Village Board after the filing of the License Committee's recommendation, the Village Board shall act on the recommendation. If the recommendation is based upon a stipulation of the parties, the Village Board may accept or reject the recommendation by a simple majority vote. If the Village Board rejects the recommendation, the matter shall be referred back to the License Committee for a full fact finding hearing. If the recommendation is based upon a full fact finding hearing, the recommendation shall become the decision of the Village Board, unless reversed or modified by a simple majority vote. No further evidence shall be allowed before the Village Board. Only the members of the Village Board who have certified to the Clerk-Treasurer in writing that they have read the transcript, unless waived by both the complainant and licensee, exhibits and report of the License Committee shall be permitted to vote on the matter. If the Village Board finds the complaint to be true, after considering the License Committee's report and any arguments presented by the complainant or the licensee, or if there is no objection to the report recommending suspension or revocation, the license shall be suspended for not less than three days, nor more than 90 days, or revoked. 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 the actual costs of the proceedings to the Village.

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

Dismissal. If the Village Board finds the complaint to be untrue, the proceeding shall be dismissed without cost to the accused. 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 or License Committee may require the complainant to provide security for such costs before issuing the summons under Subsection (a)(1) of this section.

§ 6-20 Violations by agents and employees.

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

(6)

Judicial review. The action of the Village Board in granting, 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 circuit court for the county in which the application for the license was issued, upon application by any applicant, licensee or resident of the Village.

(7)

Nonrenewal of license. The Village Attorney may, after investigation, hear evidence and make a recommendation to the Village Board that a license issued pursuant to this chapter not be renewed. The president shall notify the licensee in writing 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 §§ 6-1 and 6-2 shall apply.

(8)

Other regulations and restrictions. Any license issued pursuant to this chapter shall be subject to such further regulations and restrictions as may be imposed by the Village Board. 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 chapter. In case of revocation of any license or any violation of any provision of this section in accordance with this chapter, 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. If a license issued under this chapter is not used within 15 days after its issuance or its usage is discontinued for a period of 15 days or more, such situation shall be grounds for cancellation of the license in accordance with the provisions of this chapter.

(9)

Point values for license violations, revocations and suspensions.

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

Scale. The scale of demerit points is listed according to the type of alcohol beverage violation. The demerit point system is used to identify habitually troublesome license holders who have repeatedly violated statutes and any provision of this Code for the purpose of recommending suspension or revocation of their alcohol beverage licenses. In construing the number of points to be assessed for an alleged violation, it is the Code section number, rather than the type of the violation which shall control.

Violations of Village Ordinances
Code Section Number	Type of Violation	Point Value
6-2	License required	100
6-11	False statement on application	100
6-13(k)	Limitation on use of area outside licensed premises	100
6-13(l)	Continuity of business required	50
6-13(n)	Curtains and doors to be open	100
6-13(o)	Premises to be kept open to public	50
6-13(p)(4)	Certain entertainment and other practices prohibited	100
6-13(p)(5)	Certain acts prohibited; simulation prohibited	100
6-13(p)(6)	Stage areas limited	50
6-13(p)(7)	Disorderly conduct prohibited	25
6-13(p)(8)	Solicitation prohibited	50
6-13(p)(9)	Fraternization prohibited	50
6-15	Transfer of license without permission	50
6-16(a)	Gambling and disorderly conduct prohibited	25
6-16(b)	Employment of underage persons prohibited	100
6-16(c)	Sales by clubs limited	25
6-16(d)	Safety and sanitation requirements	25
6-17	Closing hours	50
Any other Village ordinance		20

Violations of Statutes
Wis. Stats. Section Number	Type of Violation	Point Value
125.04(10)	Failure to frame and post license	25
125.07(1)	Traffic to underage person	50
125.07(2)	Traffic to intoxicated person	50
125.07(3)	Presence of minor in places of sale	25
125.07(7)	Failure to keep proper book	25
Any other provision of Wis. Stats. Ch. 125		20

Calculation of violations. As the basis for determining the accumulated demerit points against a license within 12 months, the Village shall use the date each violation was committed.

License suspension and revocation.

For purposes of a revocation or suspension hearing, the License Committee shall call before it all licensees holding alcohol beverage or service licenses who have accumulated 100 points in a twelve-month period as a result of court imposed convictions or who have had reports referred to the License Committee from the Village Attorney which, if believed, would result in 100 demerit points in 12 months. In instances in which a licensee has accumulated less than 50 demerit points as determined by the Village Attorney and additional violations on one date would result in the accumulation of at least 50 points, but not more than 200 points, the License Committee may call such licensee before it 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 him and/or his representatives regarding the alleged facts may be considered by the License Committee in any subsequent suspension/revocation hearing which may result from the alleged violations which are the subject of the formal expression of concern. Whether the licensee appears, or not, points shall still be assessed for the alleged violations which triggered the formal expression of concern. Service of the notice to appear shall be by first class mail sent to the agent if the licensee is a corporation, 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 License Committee. A formal expression of concern in lieu of the assessment of demerit points may only occur once within a three-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 three days, nor more than 90 days. If the license is revoked, no other license shall be granted to such licensee for a period of 12 months from the date of such revocation.

The procedure to be used for license suspension or revocation shall be that found in this section.

[Code 1993, § 12.03(14)]

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

§ 6-21 Sale of fermented malt beverages and intoxicating liquors at drive through dispensaries.

[Ord. No. 14-2005, 8-8-2005]

No license shall be issued to any person, firm, corporation or entity for the retail sale of any intoxicating liquor or fermented malt beverage at or from any type of "drive through" dispensary.

§ 6-22 Mandatory identification examination.

No retail establishment with a license to sell intoxicating liquor and/or fermented malt beverages shall sell either intoxicating liquors or fermented malt beverages to any member of the public by way of a drive through dispensary.

[Ord. No. 4-2009, § 1, 4-1-2009]

Required acts and conditions. All holders of a Class A license shall be required to ask for and examine identification of any individual who attempts to purchase alcoholic liquor in order to determine whether said individuals can lawfully purchase alcohol. The form of the identification to be examined shall be at the discretion of the license holder and may include a driver's license, state identification card or membership in an organization which requires its members to be 50 years of age or older; or such other identification which unmistakably depicts the holder of same to be over 21 years of age. Alternatively, the licensee may register the identification information, including a photograph, of its customers and keep such information on file on the premises. In such case, when the customer attempts to purchase alcohol, the file must be reviewed by the licensee or its agent for any customer who elects this alternative method of checking identification.