[Code 1993, § 12.03(1)]
The provisions of Wis. Stats. Ch. 125, including all provisions
relating to underage persons, are adopted and made part of this chapter
by reference. A violation of any of such provisions shall constitute
a violation of this section.
[Code 1993, § 12.03(2)]
(a)
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.
(b)
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.
[Code 1993, § 12.02(13)]
(a)
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.
(b)
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.
[Code 1993, § 12.02(4)]
(a)
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.
(b)
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.
[Code 1993, § 12.03(3); amended 6-8-2015 by Ord. No. 03-2015; 9-25-2017 by Ord. No. 14-2017]
(a)
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.
(1)
Class "A" fermented malt beverage retailer's license. See Wis.
Stats. § 125.25.
(2)
Class "B" fermented malt beverage retailer's license. See Wis.
Stats. § 125.26.
a.
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).
b.
Temporary Class "B". See Wis. Stats. § 125.26(6).
(3)
Retail "class A" liquor license. See Wis. Stats. § 125.51(2).
(4)
Retail "class B" liquor license. See Wis. Stats. § 125.51(3).
(5)
Retail "class C" liquor license. See Wis. Stats. § 135.51(3)(m).
[Ord. No. 1302, 12-9-2002; Ord. of 12-10-2002]
(a)
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:
(1)
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.
(2)
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.
(b)
Notwithstanding any other provisions contained in this section, the
authority provide wine taste samples is conditioned that:
(1)
The Village Board shall require an operator's/bartender's
license to conduct the wine tasting.
(2)
The Village Board may limit the location of wine tasting to the liquor
department only.
(3)
The Police Chief shall be notified prior to the wine tasting.
(4)
An application must be completed by the "class A" license holder.
[Code 1993, § 12.01(1), (2), (12); amended 6-8-2015 by Ord. No. 03-2015; 9-25-2017 by Ord. No. 14-2017]
(a)
Unless otherwise indicated, a license and annual fee shall be required
as follows:
(1)
Fermented malt beverages:
a.
Retail Class "A." On file in the Clerk-Treasurer's office.
b.
Retail Class "B." On file in the Clerk-Treasurer's office.
c.
Temporary. On file in the Clerk-Treasurer's office.
d.
Operators. On file in the Clerk-Treasurer's office.
e.
Managers. On file in the Clerk-Treasurer's office.
f.
Provisional operators. On file in the Clerk-Treasurer's office.
g.
Transfers. On file in the Clerk-Treasurer's office.
[Code 1993, § 12.03(15)]
(a)
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]
(b)
Provisional license.
(1)
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.
(2)
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.
(c)
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.
[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.
[Code 1993, § 12.03(4)]
(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-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.
(b)
Notarization. Applications shall be signed and sworn to by the applicant
as provided by Wis. Stats. § 887.01.
(c)
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)]
(a)
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.
(b)
Notice.
(1)
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.
(2)
Procedures enumerated in Subsection (b)(1) of this section shall
not apply to routine renewals.
(c)
Applications. Applications for available "class B" combination licenses
shall contain the following information:
(1)
State alcohol beverage license application.
(2)
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.
(3)
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.
(4)
Proof of one of the following:
a.
Ownership of a building or a piece of real property upon which a
building can be constructed.
b.
A lease on a building which is properly zoned to house the proposed
venture.
c.
An option to purchase property which is properly zoned for the venture.
d.
An option to lease property which is properly zoned for the venture.
(d)
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.
(1)
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.
(2)
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.
[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]
(a)
Statutory requirements. Class A and Class B licenses shall be issued
only to persons eligible for such licenses under Wis. Stats. § 125.04.
(b)
Location.
(1)
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.
(2)
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.
(c)
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.
(d)
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.
(1)
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).
(2)
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:
a.
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:
(1)
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.
(2)
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.
(3)
The area is cleared of all persons by not later than 10:00 p.m.
(4)
No loud music or dancing shall be allowed in the outside area.
(5)
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.
(1)
Any person may inspect applications for licenses to sell alcohol
beverages.
(2)
The Clerk-Treasurer shall retain all applications made to the Village
for licenses to sell alcohol beverages.
(3)
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.
(1)
Scope and findings.
a.
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;
b.
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;
c.
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;
d.
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;
e.
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;
f.
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;
g.
Among such secondary effects are the:
1.
Potential increase in prostitution and other sex-related offenses,
as well as other crimes and offenses;
2.
Potential depreciation of property values in neighborhoods where
bars and taverns featuring nude dancing exist;
3.
Health risks associated with the spread of sexually transmitted
diseases; and
4.
Potential for infiltration by organized crime for the purpose
of unlawful conduct.
h.
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
i.
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.
(2)
LICENSED ESTABLISHMENT
LICENSEE
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:
Any establishment licensed by the Village Board to sell alcohol
beverages pursuant to Wis. Stats. Ch. 125.
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.
(3)
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.
(4)
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:
(5)
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:
a.
Sexual intercourse, masturbation, sodomy, bestiality, oral copulation,
flagellation or any sexual acts which are prohibited by law.
b.
The touching, caressing or fondling of the breast, buttocks, anus
or genitals.
c.
The displaying of the pubic hair, anus, vulva or genitals.
d.
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:
(1)
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.
(2)
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:
a.
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.
b.
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.
c.
The plan and information submitted by the licensee is consistent
with that presented to the License Committee when obtaining initial
approval.
[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.
[Code 1993, § 12.03(8)]
(a)
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.
(b)
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)]
(a)
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.
(b)
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.
(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 it is used.
[Code 1993, § 12.03(10); amended 6-8-2015 by Ord. No. 03-2015]
(a)
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:
(1)
Retail Class "A" licensees: Between 12:00 midnight and 8:00 a.m.
(2)
Retail "class A" licensees: Between 9:00 p.m. and 8:00 a.m.
(3)
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.
(b)
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.
[Code 1993, § 12.03(11)]
(a)
Any underage person who does any of the following is guilty of a
violation:
(b)
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.
(c)
The following fines shall be imposed for violations of this section:
(d)
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]
(a)
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.
(1)
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.
(2)
Procedure on hearing.
a.
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.
b.
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.
(3)
Notice. The Clerk-Treasurer shall give notice of each license suspension
or revocation to the person whose license is suspended or revoked.
(4)
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.
(5)
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.
a.
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.
b.
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
| |
c.
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.
d.
License suspension and revocation.
1.
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.
2.
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.
3.
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.
[Ord. No. 14-2005, 8-8-2005]
(a)
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.
(b)
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]
(a)
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.
(b)
Signage. All Class A licensed establishments shall display a sign
on the licensed premises advising the customers of the mandatory identification
examination requirement, which sign shall be provided by the Village
and in such form as approved by the Village.
