[Code 1966, § 14.01(4); Ord. No.
624, § I, 5-19-1998; Ord. No. 774, § I, 10-18-2005]
(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 department of revenue, or Village Board for operators' licenses
and filed with the Village Clerk. 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)
Application to be notarized. Applications shall be signed and sworn
to by the applicant as provided by W.S.A., § 125.04(3)(e).
(c)
Investigation. At the time the application is filed, an investigation
fee specified in the most current Village Board resolution shall be
paid to the Village Treasurer to cover the cost of investigating the
facts stated in the application. The Village Clerk or deputy Clerk
shall institute an investigation to determine if the applicant meets
the qualifications as set forth in W.S.A., § 125.04 et seq.
[Code 1966, § 14.01(5)(a), (b); Ord. No. 794, § I, 7-18-2006; Ord. No. 950A, § I, 7-18-2018]
(a)
Statutory requirements. Licenses shall be issued only to persons
eligible therefor under W.S.A., § 125.04 et seq.
(b)
Location. No class A or 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
except that this prohibition may be waived by a majority vote of the
Village Board. 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 the premises covered
by the license. This prohibition does not apply to any of the following:
(1)
Premises covered by a license or permit on June 30, 1947.
(2)
Premises covered by a license or permit prior to the occupation of
real property within 300 feet thereof by any school, hospital or church
building.
(3)
A restaurant located within 300 feet of a church or school. This
subsection applies only to restaurants in which the sale of alcohol
beverages accounts for less than 50% of their gross receipts.
(c)
Separate premises for class A intoxicating liquor. No class A intoxicating
liquor license may be granted for any premises where another business
is conducted in connection with the premises. This restriction does
not apply if intoxicating liquor is displayed and sold in a room separate
from the remainder of the premises where the other business is conducted.
All checkouts and purchases shall be made in the room in which the
intoxicating liquor is displayed.
(d)
Online or telephone ordering and curbside pickup of alcohol beverages.
(1)
No establishment shall allow online or telephone ordering of alcohol
beverages and curbside delivery of such purchase without first completing
the following:
a.
Designated pick-up areas.
1.
If the establishment already holds a current alcohol beverage
license, the establishment shall apply for and must obtain Village
Board approval of a revision to the current license to include a designated
inside or outside pick-up area in the description of the premises
to be licensed; or
2.
If the establishment is filing an application for an original
or renewed alcohol beverage license, the establishment shall include
a designated inside or outside pick-up area in the description of
the premises to be licensed.
b.
Operation plan. Concurrent with filing an application as set forth
in § (d)(1)a, the establishment shall file an operation
plan that clearly details how the online or telephone ordering and
curbside or instore pickup operation will function. The required operation
plan shall include the licensee's protocol for assuring that underage
persons and intoxicated persons do not secure or purchase alcohol
via the online or telephone ordering or curbside or instore pickup
program.
c.
In the event the licensee or proposed licensee fails to provide an
operation plan as set forth in Subsection (d)(1)b, the application
shall be considered incomplete and the application shall be rejected.
(2)
No establishment holding an alcohol beverage license that designates
an outside pick-up area shall allow online or telephone purchase and
pick-up of alcohol beverages unless the sale is consummated on the
licensed premises and satisfies each of the following:
a.
The sale and delivery of online and telephone alcohol beverage order
shall be made only by a licensed operator.
b.
Payment for the purchase must be completed on premises and may not
be completed until the purchaser is at the licensed premises and has
presented valid photo identification that has been verified by a licensed
operator employed by the premises.
c.
The licensed operator must verify that the person placing the online
or telephone order is the same person picking up the order.
d.
No alcohol sales are permitted if the purchaser fails to present
valid photo identification.
e.
The online or telephone ordering system must allow the purchase of
alcohol to be denied without affecting the remainder of the transaction.
f.
The designated pick-up area as outlined in the description of premises
to be licensed must be clearly identified with markings, signs, or
barriers.
g.
An establishment shall only allow customers to pick up orders under
this section between the hours of 8:00 a.m. and 8:00 p.m.
h.
An establishment shall not allow a customer to pick up an order made
under this section until at least four hours have elapsed from the
time the customer placed the order.
i.
Any order placed after 4:00 p.m. cannot be picked up by a customer
until the following day.
j.
If the purchaser is not the driver of the vehicle into which the
order is being loaded, the licensed operator must verify that the
driver of the vehicle is at least 21 years of age.
k.
The licensed operator shall report to his or her manager any purchaser
who shows signs of alcohol consumption, and in conjunction with the
manager, shall assess sobriety for purposes of approving or denying
the sale.
(3)
No events other than the delivery of orders placed under this section
shall be allowed in the outside pick-up area designated in the description
of the premises to be licensed.
(4)
For each transaction under this section, the establishment must capture
and retain for not less than 30 days an image of the vehicle into
which the order is being loaded.
(5)
For each transaction under this section, the establishment must record
and retain the following information for not less than 30 days:
[Code 1966, § 14.01(5)(c), (f), (g)]
(a)
Natural persons. Licenses and permits related to alcohol beverages,
issued to natural persons under this chapter, may be issued only to
persons who fulfill all of the following requirements:
(1)
Do not have an arrest or conviction record, subject to W.S.A., §§ 111.321,
111.322 and 111.335.
(2)
Have been residents of this state continuously for at least 90 days
prior to the date of application.
(3)
Have attained the legal drinking age.
(4)
Have submitted proof under W.S.A., § 77.61(11).
(5)
Have successfully completed within the two years prior to the date
of application a responsible beverage server training course at any
location that is offered by an authorized educational institution.
(b)
Criminal offenders. No license or permit related to alcohol beverages
may, subject to W.S.A., §§ 111.321, 111.322 and 111.335,
be issued under this chapter to any person who has habitually been
a law offender or has been convicted of a felony unless the person
has been duly pardoned.
(c)
Corporations. No license or permit may be issued to any corporation or limited liability company unless that entity meets the qualifications in subsections (a)(1) and (4) and (b) of this section, unless the agent of the entity appointed under § 6-34 and the officers and directors, or members or managers of the entity meet the qualifications of subsections (a)(1) and (3) and (b) and unless the agent of the entity appointed under § 6-34 meets the qualifications under subsections (a)(2) and (a)(5) of this section. The requirement that the entity meet the qualifications in subsections (a)(1) and (b) does not apply if the entity has terminated its relationship with all of the individuals whose actions directly contributed to the conviction.
(d)
Operators' and managers' licenses. Subsection (a)(2) of this section
does not apply to applicants for operators' licenses issued under
W.S.A., § 125.17 or to applicants for managers' licenses
issued under W.S.A., § 125.18. Managers' licenses may be
issued only to applicants who are residents of this state at the time
of issuance.
(e)
Applicability. Subsections (a)(4) and (a)(5) of this section do not
apply to any of the following:
(1)
Applicants for operators' licenses under W.S.A., § 125.17.
(2)
Applicants for managers' licenses under W.S.A., § 125.18.
(3)
Applicants for temporary class B licenses under W.S.A., § 125.26(6)
who are not required to hold a seller's permit under subch. III of
W.S.A., ch. 77.
(4)
Applicants for temporary class B licenses under W.S.A., § 125.51(10)
who are not required to hold a seller's permit under subch. III of
W.S.A., ch. 77.
[Code 1966, § 14.01(f)]
(a)
Agent. No corporation or limited liability company organized under
the laws of this state or of any other state or foreign country may
be issued any alcohol beverage license or permit unless:
(1)
The entity first appoints an agent in the manner prescribed by the authority issuing the license or permit. In addition to the qualifications under § 6-33, the agent must, with respect to character, record and reputation, be satisfactory to the issuing authority.
(2)
The entity vests in the agent, by properly authorized and executed
written delegation, full authority and control of the premises described
in the license or permit of the entity, and of the conduct of all
business on the premises relative to alcohol beverages, that the licensee
or permittee could have and exercise if it were a natural person.
(b)
Successor agent. A corporation or limited liability company may cancel
the appointment of an agent and appoint a successor agent to act in
the agent's place, for the remainder of the license year or until
another agent is appointed, as follows:
(c)
Authority of successor. A successor agent shall have all the authority,
perform all the functions and be charged with all the duties of the
previous agent of the corporation or limited liability company until
the next regular or special meeting of the Village Board if a license
is held. However, the license of the corporation or limited liability
company shall cease to be in force if, prior to the next regular or
special meeting of the Village Board, the Clerk of the Village Board
receives notice of disapproval of the successor agent by a peace officer
of the Village.
[Code 1966, § 14.01(2)(b)]
Except as provided under W.S.A., §§ 125.27(2)(a)
and 125.51(5)(c)1, wholesalers, manufacturers, rectifiers, brewers
and retailers shall have a separate permit or license covering each
location or premises, except a licensed public warehouse, from which
deliveries and sales of alcohol beverages are made or at which alcohol
beverages are stored.
[Code 1966, § 14.01(5)(e); Ord.
No. 571, § I, 1-16-1996; Ord. No. 746, § I, 10-28-2004; Ord. No. 794, § II, 7-18-2006; Ord. No. 820, § I, 3-17-2009]
(a)
Number of licenses.
(1)
The number of persons and places granted a retail "Class B" intoxicating
liquor license under this section is limited as provided in W.S.A.,
§ 125.51(4).
(2)
The number of persons and places granted a retail "Class A" intoxicating
liquor license under this section shall be five.
(3)
The number of persons and places granted a retail Class "B" fermented
malt beverage license under this section shall be 13.
(4)
The number of persons and places granted a six-month Class "B" fermented
malt beverage license under this section shall be two.
(5)
The number of persons and places granted a retail Class "A" fermented
malt beverage license under this section shall be 13.
(6)
The number of persons and places granted a retail Class "C" wine
license under this section shall be one.
(b)
Exceeding quota.
(1)
Approval by Village Board. Notwithstanding the provisions of this
chapter, the Village Board may, by two-thirds vote of all of the members
of the Village Board, grant a new "Class A" intoxicating liquor, Class
"A" fermented malt beverage, reserve "Class B" intoxicating liquor,
Class "B" fermented malt beverage, six-month Class "B" fermented malt
beverage or a Class "C" wine license in excess of the quota set forth
in Subsection (a).
(2)
Guidelines for exceeding quota. It having been found by the Village
Board in imposing the quotas in this section that the proliferation
of taverns and liquor stores can be a detriment to the Village of
Mukwonago and the community by reducing property values, deteriorating
the quiet enjoyment of neighborhoods and costs considerable tax dollars
to police said business, it is determined that quota may be exceeded
if the establishment meets the provisions set forth in this chapter
and the following criteria be met:
a.
The applicant shall submit to the Village Clerk's office a petition
for exceeding quota. The petition shall include the requested license
class, a plan of operation and the relevant experience, background
and signatures of the individual, partners or directors, officers
and agent of a corporation or limited liability company, as well as
the signature of the owner or owners of the building or land; and
b.
The applicant shall supply proof of ownership or lease or options
to purchase or lease of land or a building that is properly zoned
for the proposed venture; and
c.
The applicant shall show that the proposed establishment will have
a greater economic impact upon the community than simply the addition
of another tavern, liquor store, convenience store or restaurant;
and
d.
The applicant shall show that the proposed establishment will benefit
the community by substantially improving the tax base (i.e. the establishment
will extensively rehabilitate a blighted or deteriorated building,
will construct a new building on vacant land, will benefit the community
by conferring some other tangible and substantial improvement for
the area).
(3)
Public hearing. Prior to a vote, the Village Board shall hold a public hearing, pursuant to § 100-901, upon each petition.
(4)
Fee. The applicant shall pay a fee specified in the most current
Village Board resolution to cover the costs associated with the public
hearing.
[Code 1966, § 14.01(5)(i)]
No license shall be granted 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.
[Code 1966, § 14.01(5)(j)]
No license shall be issued to any person for the purpose of
possessing, selling or offering for sale any alcohol beverages in
any dwelling house, flat or residential apartment.
[Code 1966, § 14.01(5)(k); Ord.
No. 794, § III, 7-18-2006]
Any license issued pursuant to this chapter shall be subject
to such further regulations and restrictions as may be imposed by
the Village Board by amendment to this section or by the enactment
of new ordinances. If any licensee shall fail or neglect to meet the
requirements imposed by such law restrictions and regulations, his
license may be revoked in accordance with this section. In case of
revocation of any license or any violations of any provisions of this
chapter in accordance with this section 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 120 days after its issuance
or its usage is discontinued for a period of 120 days or more, such
situation shall be grounds for cancellation of the license in accordance
with the provisions of this section.
[Code 1966, § 14.01(6)]
All retail licenses shall be numbered in the order in which
they are issued and shall state clearly the specific premises for
which granted, the date of issuance, the fee paid and the name of
the licensee and, unless sooner revoked, shall expire on June 30 thereafter
except as otherwise provided by law.
[Code 1966, § 14.01(7)]
(a)
To person. No license shall be transferable as to licensee except
as provided by W.S.A., § 125.04(12)(b).
(b)
To place. Licenses issued pursuant to this section may be transferred
as provided in W.S.A., § 125.04(12)(a). Application for
such transfer shall be made on blanks furnished by the state department
of revenue. Proceeding for transfer shall be had in the same manner
and form as the original application.
[Code 1966, § 14.01(8)]
Every license or permit required under this section shall be
framed and posted and at all times displayed as provided in W.S.A.,
§ 125.04(10). No person shall post such license or permit
or allow any other person to post it upon premises other than those
mentioned in the application, or knowingly deface or destroy such
license.
[Code 1966, § 14.01(5)(d)]
No retail "class B" 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 industry, labor, and human
relations pertaining to buildings and plumbing, to the rules and regulations
of the state department of health and social services applicable to
restaurants and to all such ordinances and regulations adopted by
the Village.
[Code 1966, § 14.01(5)(h), (11)]
(a)
Procedure. Whenever the holder of any license under this section
violates any portion of this section, proceedings for the revocation
or suspension of such license may be instituted in the manner and
under the procedure established by W.S.A., § 125.12, and
the provisions therein relating to granting a new license shall likewise
be applicable.
(b)
Effect of revocation. Whenever any license has been revoked, at least
six months from the time of such revocation shall elapse before another
license shall be granted for the same premises and 12 months shall
elapse before another license shall be granted to the person whose
license was revoked.
[Code 1966, § 14.01(12)]
Before renewal of any license issued under this section is refused,
the licensee shall be given written notice of any charges or violations
or the reasons proposed for nonrenewal and a copy of any proposed
motion for nonrenewal and shall have an opportunity to be heard before
the Village Board.
[Code 1966, § 14.01(3); Ord. No.
525, § 1, 5-4-1993; Ord. No. 715, § I(1), 5-20-2003; Ord. No. 774, § II, 10-18-2005; Ord. No. 915, § I, 6-21-2016; Ord. No. 917, § I, 7-19-2016]
(a)
The following classes and denominations of licenses may be issued
by the Village Clerk under the authority of the Village Board after
payment of the fee specified in the most current Village Board resolution,
which, when so issued, shall permit the holder to sell, deal or traffic
in alcohol beverages as provided in W.S.A., §§ 125.17,
125.25, 125.26, 125.28, and 125.51. Except as otherwise provided in
this section, the full license fee shall be charged for the whole
or fraction of any year. 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 fractions thereof remaining until the following June 30. Licenses
valid for six months may be issued at any time. The license may not
be renewed during the calendar year in which issued.
(1)
Class "A" fermented malt beverage retailer's license. (See W.S.A.,
§ 125.25(4).) For the sale of malt beverages for consumption
off-premises.
(2)
Class "B" fermented malt beverage retailer's license. (See W.S.A.,
§ 125.26(4).) For the sale of malt beverages for consumption
on-premises or off-premises. Two types of such class "B" licenses
are as follows:
a.
Six-month. A license may be issued at any time for six months in
any calendar year, but such license shall not be renewable during
the calendar year in which issued. Licenses may be issued to nonprofit
organizations that have been in existence for at least one year.
b.
Temporary Class "B" (picnic) beer license and a temporary "Class
B" (picnic) wine license. See W.S.A., §§ 125.26(6)
and 125.51(10). Temporary licenses may be granted by the Village Clerk/Treasurer
to applicants for a temporary Class "B" and "Class B" license, if
the applicant has applied for and appears to meet all criteria for
the issuance of a temporary Class "B" and "Class B" license.
(3)
Wholesaler's fermented malt beverage license. (See W.S.A., § 125.28.)
(4)
Retail "class A" liquor license. (See W.S.A., § 125.51(2)(d).)
For the sale of liquor for consumption off-premises.
(5)
Retail "class B" liquor license. Wine may be sold in the original
packages or containers in any quantity to be consumed off the premises.
(See W.S.A., § 125.51(3).) For the sale of liquor for consumption
on-premises or off-premises. Two types of such "class B" licenses
are as follows:
a.
Regular "class B" liquor license.
b.
Reserve "class B" liquor license. The applicant must pay the initial
issuance fee at the time of application. Such fee shall be specified
in the most current Village Board resolution and shall not be less
than $10,000.
c.
Subject to all other provisions of this Code and applicable Wisconsin
Statutes, at such time as a regular Class B liquor license shall become
available in the Village, the Village Clerk shall provide notice of
the availability of said regular Class B liquor license to the holders
of each reserve Class B liquor license. Said notice shall indicate
that said regular Class B liquor license is available and advise the
holder of the reserve Class B liquor license that they have three
business days in which to advise the Village Clerk of their interest
in applying for such regular Class B liquor license. Such application
shall be considered in accordance with the provisions of the Wisconsin
State Statutes and the applicable terms of this chapter. In the event
more than one reserve Class B liquor license holder requests to be
considered for the regular Class B liquor license, then and in that
event, the Village Clerk shall hold a blind lottery, and the application
of each reserve Class B liquor license holder for the regular Class
B liquor license will be considered in the order of selection through
such lottery. The deadline for submission of the application shall
not be considered received until physically delivered to the Village
Clerk or his/her deputy.
[Added 1-15-2020 by Ord.
No. 972]
(6)
Retail class C liquor license. (See W.S.A., § 125.51(3)(m).)
(7)
Pharmacists.
(8)
Operators. (See W.S.A., § 125.17.) The classifications
of operators' licenses are as follows:
a.
Regular. Operators' licenses may be issued to individuals by the
Village Clerk for the purposes of complying with W.S.A., §§ 125.32(2)
and 125.68(2). Operators' licenses may be issued only upon written
application on forms provided by the Village Clerk. Operators' licenses
shall be valid for one year and shall expire on June 30 of each year.
b.
Provisional. The Village Clerk may issue a provisional operator's
license to applicants who are enrolled in the responsible beverage
server training course and who meet other standards established in
this chapter or who are waiting for approval of the application for
regular operator's license. Those applicants must provide proof to
the Clerk's office that they enrolled in the responsible beverage
server training course. The license shall be valid for a period not
to exceed 60 days unless sooner revoked by the Village Board.
c.
Temporary. Temporary operators' licenses may be issued to individuals
by the Village Board for the purpose of allowing the individual to
dispense and serve fermented malt beverages at a public or social
gathering licensed under Subsection (a)(2)b of this section. Such
license may be issued only to operators employed by, or donating their
services to, the licensed entity. No person may hold more than one
license of this kind per year. The license is valid for any period
from one day to 14 days, and the period for which it is valid shall
be stated on the license.
