Village of Gresham, WI Alcohol Beverages

Picnic License, beer. Issued to organizations enumerated in § 125.26(6), Wis. Stats., to sell or serve fermented malt beverages at a picnic, meeting or gathering.

Picnic license, wine. No fee shall be charged in the event a license under Subsection C(1) above is simultaneously issued to organizations enumerated in § 125.51(10), Wis. Stats., to sell or serve wine at a picnic, meeting or gathering.

Annual quota. No more than two licenses may be issued to any one organization in any twelve-month period.

"Class A" intoxicating liquor license. See § 125.51(2), Wis. Stats.

"Class B" intoxicating liquor license. The license fee for bona fide clubs and lodges situated and incorporated or chartered in the state for at least six years shall be $50 per year, as provided in § 125.51(3), Wis. Stats.

A license may be issued after July 1 in any license year. The license shall expire on the following June 30. The fee for the license shall be prorated according to the number of months or fraction thereof remaining until the following June 30.

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

Reserve "Class B" intoxicating liquor license.

License fee. Initial license plus regular "Class B" license fee, except that bona fide clubs and lodges are exempt from the initial issuance fee. See § 125.51(3)(e), Wis. Stats.

Exception. May be issued to certain hotels and restaurants only if all regular and reserve licenses have been issued. See § 125.51(3)(e), Wis. Stats.

Operator's license: $25 per year or fraction thereof and $15 thereafter. No new operator's license shall be granted for the first year unless the applicant has successfully completed a VTAE responsible beverage server training course or is otherwise exempt from such requirement under § 125.17(6)(a), Wis. Stats. The Village Clerk may issue a provisional operator's license to a person who is enrolled in said training course and shall revoke such license if the applicant fails to successfully complete the course. Operator's licenses shall be issued to any applicant qualified under § 125.04(5), Wis. Stats.

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. The fee for a provisional operator's license shall be $15.

Provisional retail alcohol beverage license: $5 for up to 60 days, as provided in § 125.185, Wis. Stats.

Temporary operator's license: $5 for up to 14 days, as provided in § 125.17(4) Wis. Stats.

Transfer of license to another premises: $10.

§ 106-6 Operator's license.

[Amended by Ord. No. 1-04; 8-8-2017]

All applications for an annual operator's license shall be filed in the office of the Village Clerk on or before May 31 of each year, provided that nothing shall prevent the Village Board from granting any license which is applied for at least five working days before a Village Board meeting at any other time for a fraction of the year for the annual fee.

§ 106-7 License required.

No person shall vend, sell, deal or traffic in, or for the purpose of evading any law or ordinance give away any liquor or fermented malt beverages, or cause the same to be done, without having procured a license as provided in this article nor without complying with all provisions of this article, and all statutes, ordinances and regulations applicable thereto. A license shall be required for each stand, place, room or enclosure or for each suite of rooms or enclosures which are in direct connection or communication to each other where liquor and fermented malt beverages are kept, sold or offered for sale.

§ 106-8 Qualifications for licenses and permits.

Natural persons. Licenses related to alcohol beverages, issued to natural person under this article, may be issued only to persons who:

Do not have an arrest or conviction record, subject to §§ 111.321, 111.322 and 111.335, Wis. Stats.

Have been residents of this state continuously for at least 90 days prior to the date of the application.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Have attained the legal drinking age, except that operators' licenses may be issued to any person who has attained the age of 18.

Criminal offenders. No license or permit related to alcohol beverages may, subject to §§ 111.321, 111.322 and 111.335, Wis. Stats., be issued under this article to any natural person who has been convicted of a felony unless the person has been duly pardoned.

Corporations. No license or permit may be issued to any corporation unless the agent of the corporation appointed under § 125.04(6), Wis. Stats., and the officers and directors of the corporation meet the qualifications of Subsection A(1) and (3) above, except that Subsection A(2) does not apply to agents.

§ 106-9 "Class B" liquor license quota.

The number of "Class B" liquor licenses to be issued hereunder is limited to the number permitted under § 125.51(4), Wis. Stats. Pursuant to § 125.51(4)(bm), Wis. Stats., the "Class B" liquor license quota information is on file in the office of the Village Clerk. In the event all regular and reserve "Class B" liquor licenses have been issued, the Village Board may nevertheless issue a "Class B" license as an exception to the quota pursuant to § 125.51(3)(e)3., Wis. Stats., to certain hotels and restaurants.

§ 106-10 License conditions and restrictions.

In addition to the conditions and restrictions imposed by sate law on the granting of Class "B" fermented malt beverage licenses and "Class B" intoxicating liquor licenses hereunder, the following conditions and restrictions shall apply:

Consent to inspection of premises. It shall be a condition of any license issued hereunder that the licensed premises may be entered and inspected at any reasonable hour by any police officer of the Village without any warrant, and the application for a license hereunder shall be deemed a consent to this provision. If such inspection is denied, such denial shall be deemed a violation of this article.

Violation by agents or employees. A violation of this article by a duly authorized agent or employee of a licensee shall constitute a violation of the licensee.

Sales to underage persons restricted. No alcohol beverage shall be sold, dispensed, given away or furnished to any underage person unless accompanied by a parent, guardian or spouse who has attained the legal drinking age.

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

Commencement of operations. Within 90 days after the issuance of a "Class B" intoxicating liquor license or a Class "B" fermented malt beverage license, the licensee shall be open for business with adequate stock and equipment. Upon his failure to do business within such time, his license shall be subject to revocation by the Village Board after a public hearing. The Village Board may, for a good cause shown, extend such ninety-day period.

Cessation of operations. If any licensee shall suspend or cease doing business for 90 consecutive days or more, his Class B intoxicating liquor license and fermented malt beverage license shall be subject to revocation by the Village Board after a public hearing. The Village Board may, for a good cause shown, extend such ninety-day period.

Transfer of license. No license shall be transferable from person to person except as provided in § 125.04(12)(b), Wis. Stats., or from place to place, except as provided in § 125.04(12)(a), Wis. Stats.

Location of premises restricted. No retail Class B license shall be issued for premises, the main entrance of which is less than 300 feet from the main entrance of any established public school, parochial school, hospital or church. Such distance shall be measured by the shortest route along the highway from the closest point of the main entrance of such school, church or hospital to the main entrance to such premises. This paragraph shall not apply to premises so licensed on June 30, 1947.

Safety and health requirements. No retail Class "B" or "Class B" license shall be issued unless the premises to be licensed conform to the sanitary, safety and health requirements of the State Building Code, the State Plumbing Code and the rules and regulations of the State Department of Agriculture, Trade and Consumer Protection applicable to restaurants, and also shall conform to all ordinances and regulations of the Village.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Operator on duty required. The licensee, a member of his immediate family or a licensed operator must be present at all times in the immediate area open to the public where alcohol beverages are being served.

Village taxes and claims. No license shall be granted for operation on any premises upon which personal property taxes or assessments or other financial claims of the Village are delinquent and unpaid.

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

Posting of licenses required. Licenses or permits issued under this article shall be posted and displayed as provided in § 125.04(10), Wis. Stats., and any licensee or permittee who shall fail to post his license or permit as therein required shall be presumed to be operating without a license.

§ 106-11 Nude dancing in licensed establishments.

Prohibited. 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 his or her genitals, pubic area, vulva, anus, anal clef or cleavage with less than a fully opaque covering; or

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.

Exemptions. The provisions of this section do not apply to 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.

Definitions. For purposes of this section, the following terms shall have the meanings indicated:

LICENSED ESTABLISHMENT

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

LICENSEE

The holder of a retail "Class A", "Class B", Class "B" or Class "A" license granted by the Village pursuant to Ch. 125, Wis. Stats.

Penalties. Any person who violates any of the provisions of this section shall be subject to a forfeiture as provided in § 1-3 of this Code. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this section constitutes sufficient grounds for suspending, revoking or nonrenewing an alcohol beverage license under § 125.12, Wis. Stats.

§ 106-12 Closing hours.

No premises for which an alcohol beverage license has been issued shall remain open for the sale of alcohol beverages, as follows:

Wholesale license: between 5:00 p.m. and 8:00 a.m., except Saturdays when the closing hour shall be 9:00 p.m.

Retail Class "A" licensee: between 12:00 midnight and 8:00 a.m.

Retail "Class A" License (liquor store)e: between 9:00 p.m. and 8:00 a.m.

Retail "Class B" or Class "B" license.: no premises shall be open for the sale of intoxicating liquor or fermented malt beverage between the hours of 2:00 a.m. to 6:00 a.m., except on Saturday and Sunday the closing hour shall be 2:30 a.m.; on January 1 there are no closing hours.

Hotels and restaurants. Hotels and restaurants, the principal business of which is the furnishing of food and/or lodging to patrons, shall be permitted to remain open after closing hours for the conduct of regular business, but shall not sell intoxicating liquors or malt beverages during the closing hours stated in Subsection D above.

Presence on premises after closing hour restricted.

Any person who is not an employee of the licensee who remains on the premises after the designated closing hour is subject to the penalties as provided in this chapter.

Any person, while on the premises after closing hours, must be actively engaged in bona fide business activities and may not consume alcohol beverages.

§ 106-13 Entertainment in premises licensed to sell alcohol beverages.

Premises defined. The term "premises" shall mean any building, or part thereof, whether separated by partition, wall or other division, which is accessible to the public, or any tract of land upon which such building is located, and to which an on-site intoxicating liquor license or fermented malt beverage license has been issued by the Village.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Permitted entertainment. Any premises lawfully holding a license for the sale of intoxicating liquor is authorized when carried on in conformity with the law to provide entertainment either by phonograph, automatic piano or orchestra, band or any other musical instrument, vaudeville, dance entertainment, singing by group participation or by an individual or other similar amusement.

§ 106-14 Possession and consumption of alcohol beverages restricted.

Possession outside taverns or picnic areas prohibited. No person shall consume alcohol beverages or carry about an open container of alcohol beverages on public or private property held out for use of the public outside a licensed tavern or off the premises of an established picnic area where such possession and consumption is permitted. This article shall not be construed so as to prevent consumption of alcohol beverages outside private residences on private property in such a manner as is normally associated with use at a private home or residence.

Special events. The Village Board may grant permits for consumption in designated areas during special occasions in connection with picnic beer licenses.

Special permits. Special permits for consumption of alcohol beverages in designated areas on tavern premises may be granted, i.e., horseshoe pits with direct access to and from the designated area (to/from tavern) without infringing on neighboring property or public property.

Parked vehicles. No person shall consume any alcohol beverages while in a vehicle parked on a public thoroughfare or any public parking lot.

Open containers in vehicles prohibited. No person shall possess or permit to be possessed in any moving or parked vehicle under his control any open container of alcohol beverages.

§ 106-15 Sale of Class B packaged goods.

Sale restrictions. Pursuant to § 125.51(3)(b), Wis. Stats., no person may sell intoxicating liquor in an original unopened package, container or bottle for consumption away from the premises in excess of four liters at any one time on any premises for which any "Class B" intoxicating liquor license or combination Class B alcohol beverage license has been issued. However, packaged goods sales of fermented malt beverages and wine from such premises may be made in any quantity.

Hours of sale. Between the hours of 12:00 midnight and 8:00 a.m., no person may sell any packaged goods from any Class B licensed premises.

§ 106-16 Underage person; presence in places of sale.

Restrictions. Pursuant to § 125.07(3), Wis. Stats., an underage person not accompanied by his parent, guardian or spouse who has attained the legal drinking age may not enter or be on any premises for which a license or permit for the retail sale of alcohol beverages has been issued, for any purpose except the transaction of business pertaining to the licensed premises with or for the licensee or his employee. The business may not be amusement or the purchase, receiving or consumption of edibles or beverages or similar activities which normally constitute activities of a customer of the premises.

Exceptions. Subsection A above shall not apply to:

An underage person who is a resident, employee, lodger or boarder on the licensed premises.

Licensed restaurants where the principal business is that of a restaurant.

A person who is at least 18 years of age and who is working under a contract with the licensee to provide entertainment for customers on the premises.

(4)

An underage person who enters Class "B" or "Class B" premises on dates specified by the licensee when no alcohol beverages will be consumed, sold or given away. The licensee shall notify the Police Department of such specified dates; unless all alcohol beverages are stored in a locked portion of the premises, the licensee or a licensed operator must be on the premises at all times.

§ 106-17 Underage person; consumption and possession of alcohol beverages.

Restrictions. Pursuant to § 125.07(4)(b) and (bm), Wis. Stats., no underage person not accompanied by a parent, guardian or spouse who has attained the legal drinking age may knowingly possess or consume alcohol beverages.

Exceptions (see § 125.07(4)(bm), Wis. Stats.). An underage person may possess alcohol beverages if employed by any of the following:

A brewer.

A fermented malt beverages wholesaler.

A permittee other than a Class "B" or "Class B" permittee.

(4)

A facility for the production of alcohol fuel.

(5)

A retail licensee or permittee under the conditions specified in § 125.32(2) or 125.68(2), Wis. Stats., or for delivery of unopened containers to the home or vehicle of a customer.

Selling or serving alcohol beverages. Pursuant to §§ 125.32(2) and 125.68(2), Wis. Stats., any underage person who is at least 18 years of age may sell or serve alcohol beverages on any Class B premises, provided that such underage person is under the immediate supervision of the licensee, agent or manager, or a licensed operator, who is on the premises at the time of such sale or service.

§ 106-18 Revocation and suspension of licenses.

Procedure. Except as hereinafter provided, the provisions of § 125.12(2) and (3), Wis. Stats., shall be applicable to proceedings for revocation or suspension of licenses or permits granted under this article. Revocation or suspension proceedings may be initiated upon written complaint by the Village President or the Police Department or by the Village Board upon its own motion. No license shall be suspended, revoked or nonrenewed for a single violation of serving an underage person in a one-year period, and no more than one citation may be issued for a single violation.

Repossession of license or permit. Whenever any license or permit shall be revoked or suspended pursuant to this section, the Village Clerk shall notify the licensee or permittee and the Police Department of such revocation or suspension, and the Police Department or his designee shall take physical possession of the license or permit wherever it may be found and file it in the office of the Clerk.

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 application. No license shall be issued to any person who has had a license issued pursuant to this article revoked within 12 months prior to application.

§ 106-19 Demerit point system for violations of alcohol beverage licenses.

[Added by Ord. No. 2-09]

There is hereby established a point system for the purpose of guiding the Protective Services Committee in the suspension or revocation of alcohol beverage licenses. The number of demerit points is assigned according to the type of violation. This system is intended to identify habitually troublesome liquor licensees who repeatedly violate state statutes and/or this article and to take consistent action again such licensees.

Schedule of demerit points. The Schedule of Demerit Points designated for violation of this article are on file in the office of the Village Clerk.

Calculating violations. In order to determine the accumulated demerit points, the date of the violation is used as the basis for assigning demerit points per incident. Points shall be assigned only after conviction for violations.

Suspension and revocation of licenses. The Police Department shall notify the Protective Services Committee of any conviction which results in the assessment of demerit points against any licensee. Following this notification or the filing of a complaint pursuant to § 125.12, Wis. Stats., the Committee shall hold a hearing, if required, and shall take the following action after first determining the number of demerit points to be assessed against the licensee:

For demerit points totaling 25 to 149 within a twelve-month period, a warning shall be submitted to the licensee of the consequences of additional violations.

For demerit points totaling 150 to 199 within a twelve-month period, there shall be a suspension of the license for a period of not less than 10 days or more than 90 days.