[HISTORY: Adopted by the Village Board of the Village of Browntown as indicated in article histories. Amendments noted where applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The provisions of Chapter 125, Wisconsin Statutes, as from time to time amended, repealed, or otherwise altered by the state legislature, relating to the sale of fermented malt beverages and intoxicating liquors, exclusive of any provisions thereof relating to the penalty to be imposed or the punishment for violation of said statutes, are hereby adopted and made a part of this article by reference.
No person, firm or corporation shall, within the Village of Browntown, Wisconsin, distribute, sell, or keep, or offer for sale at retail, any fermented malt beverage or intoxicating liquor, or cause the same to be done, without having procured a license as provided in this article. A license shall be required for each place of business.
A. 
There shall be the following classes and denomination of licenses which, when issued by the Village Clerk under the authority of the Village Board after payment of the fee, shall permit the holder to sell, deal, or traffic in fermented malt beverages or intoxicating liquor as provided in Ch. 125 of the Wisconsin Statutes. For specific fees for each license, see the fee schedule resolution.[1]
(1) 
Class "B" fermented malt beverage retailer's license.
(2) 
"Class B" retail liquor license under the provisions of § 125.51(3)(b) of the Wisconsin Statutes, which provisions the Village Board hereby elects.
(3) 
Temporary Class "B" fermented malt beverage license.
(4) 
Beverage operator's license:
(a) 
Operator's licenses which expire June 30 of each year.
(b) 
A provisional operator's license may be issued by the Village Clerk in accordance with § 125.17(5), Wis. Stats., 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 60 days after its issuance or when a regular operator's license is issued to the holder, whichever is sooner.
(c) 
Temporary operator's licenses may only be issued once per year, with a term of not more than two weeks.
[1]
Editor's Note: The fee schedule is on file in the Village office.
B. 
No "Class B" retail liquor license shall be granted to any person who is not the holder of a Class "B" fermented malt beverage retailer's license granted by the Village Board of the Village of Browntown, Wisconsin.
In addition to the requirements imposed by the provisions of the Wisconsin Statutes incorporated by reference herein, the following restrictions shall apply to the issuance of licenses or permits pursuant to this article:
A. 
Requirements for licenses. No license or permit shall be issued to any person who is not 18 years of age or older, of good moral character, a citizen of the United States, and, except in the case of operator's licenses, a resident of Wisconsin continuously for at least one year prior to application. No license shall be issued to any person who has been an habitual petty law offender or convicted of a crime under the laws of this state punishable by imprisonment in the state prison, unless such person has been pardoned. This section shall apply to all officers and directors of any corporation licensed hereunder.
B. 
Inspection of application and premises. The Village Clerk shall notify the Village Board of all license and permit applications; these officials shall inspect or cause to be inspected each application and the premises to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances, and laws applicable thereto, and the applicant's fitness for the trust to be imposed. No license or permit provided for in this article shall be issued without the approval of the Village Board, and no license shall be renewed without a reinspection of the premises as herein required.
C. 
Health and sanitation. No license or permit shall be issued for any premises which do not conform to the sanitary, safety, and health requirements of the Department of Safety and Professional Services, the Department of Agriculture, Trade and Consumer Protection, and to all such ordinances and regulations adopted by the Village of Browntown, Wisconsin.
D. 
Tax delinquencies. No license or permit shall be granted for operation of any premises upon which taxes or assessments or other financial claims of the Village of Browntown, Wisconsin, are delinquent or unpaid.
E. 
Effect of revocation of license. No license shall be issued for any premises if a license covering such premises has been revoked within six months prior to an application. No license shall be issued to any person, firm, or corporation who has had a license issued pursuant to this article revoked within 12 months prior to application.
A. 
The number of persons and places that may be granted annual "Class B" retail liquor licenses shall be and is hereby limited to two.
B. 
The number of persons and places that may be granted annual Class "B" fermented malt beverage retailer's licenses shall be and is hereby limited to two.
A. 
Search of licensed premises. It shall be a condition of any license or permit issued hereunder that the licensed premises may be entered and inspected at any reasonable hour by any Village peace officer, member of the Village Fire Department, Village Health Official, or the Village Building Inspector, without any warrant, and the application for a license or permit hereunder shall be deemed a consent to this provision. Any refusal to permit such inspection shall automatically operate as a revocation of any license or permit issued hereunder and shall be deemed a violation of this article.
B. 
Posting of licenses. Licenses or permits issued hereunder shall be posted and displayed according to law; any licensee or permittee who shall fail to post his license or permit as required shall be presumed to be operating without a license or permit.
C. 
Sale to minors. The provisions of § 125.07 of the Wisconsin Statutes shall apply to the sale of fermented malt beverages to persons under 18 years of age when not accompanied by a parent, guardian, or adult spouse, except as provided in §§ 125.10(1), (2) and (4), 125.12(1)(a) and 125.07(3) of the Wisconsin Statutes.
D. 
Safety and sanitation requirements. Each licensed premises shall be maintained and conducted in a sanitary manner and shall be a safe and proper place for the purpose for which used.
E. 
Hours of operation.
(1) 
No intoxicating liquors covered by this article and amendments thereto shall be sold for on-premises consumption on any premises for which a Class "B" license has been issued except during the hours of 6:00 a.m. to 2:00 a.m. Monday through Thursday, 6:00 a.m. to 2:30 a.m. Friday and Saturday, and 6:00 a.m. Sunday to 2:00 a.m. Monday; such premises may not sell intoxicating liquors for off-premises consumption between the hours of 12:00 midnight and 6:00 a.m., with the exception of the following:
(a) 
On January 1, Class "B" beer and "Class B" liquor licensed establishments are not required to close; however, sales for off-premises consumption between 12:00 midnight and 6 a.m. are prohibited.
(b) 
On the Sunday that daylight saving time begins as specified in § 175.095(2), Wis. Stats., no premises for which a Class "B," "Class B," or "Class C" license has been issued may remain open between 3:30 a.m. and 6:00 a.m.
(2) 
At the time of closing as provided herein, no further business whatsoever shall be transacted in, on, or about the licensed premises. The lights therein shall be extinguished forthwith and all guests, patrons, and frequenters thereof shall at once depart therefrom. There shall be no resumption of business until the opening hours as herein provided.
F. 
All windows in the front of any licensed premises shall be of clear glass. During the hours in which sale is prohibited, no premises licensed for the sale of intoxicating liquor or fermented malt beverages shall obstruct, by the use of curtains, blinds, screens or in any other manner, a full and complete view of the interior from the outside. During the hours in which the sale of intoxicating liquor is permitted, the premises shall be properly and adequately lighted.
G. 
Each licensed premises shall at all times be conducted in an orderly manner, and no disorderly, riotous, or indecent conduct shall be allowed at any time on any licensed premises.
Except as authorized by the Village Board through issuance of a permit or license, it shall be unlawful for any person to use, dispense, consume, deal or traffic in, or give away any fermented malt beverages or intoxicating liquors in any public place or on public grounds in the Village.[1]
[1]
Editor's Note: For provisions relating to use in parks, see § 203-4L of Ch. 203, Parks and Recreation Areas.
A. 
Procedure. Except as hereinafter provided, the provisions of § 125.12(2)(ar), (b) and (c), Wis. Stats., shall be applicable to proceedings for the revocation or suspension of all licenses or permits granted under this article. In addition, revocation or suspension proceedings may be instituted by the Village Board upon its own motion.
B. 
Suspension. The Village President, upon obtaining reasonable information that any licensee has violated any provision of this article or any state or federal liquor or fermented malt beverage law, or committed any felony, may suspend the license or permit of such person for a period not to exceed 10 days pending hearing by the Village Board pursuant to Subsection A hereof.
C. 
Penalties. Any person, firm or corporation violating any provision of this article shall, upon conviction thereof, forfeit not more than $500, and the costs of prosecution, nor less than $50 and, in default of payment thereof, may be imprisoned in the county jail until payment of such forfeiture and the costs of prosecution, but not exceeding 30 days for each violation. Each day of violation shall constitute a separate offense.
D. 
Second offenses. Any license or permit issued under the provisions of this article shall stand revoked without further proceedings upon the conviction of a licensee or his employee, agent, or representative, of a second offense under this article or the provisions of Chapters 139 or 125 of the Wisconsin Statutes or any other state or federal liquor or fermented malt beverage law, or any felony.
If any provision of this article or the application thereof to any person or circumstances is held invalid, the remainder of this article and the application of such provisions to other persons or circumstances shall not be affected thereby.