The provisions of Chapter 125 and §§ 938.344
and 778.25 of the Wisconsin Statutes, relating to the sale of intoxicating
liquor and fermented malt beverages, except provisions therein relating
to penalties to be imposed, are hereby adopted by reference and made
a part of this chapter as if fully set forth herein. Any act required
to be performed or prohibited by any statute incorporated herein by
reference is required or prohibited by this chapter. Any future amendments,
revisions or modifications of the statutes incorporated herein are
intended to be made a part of this chapter.
As used in this chapter the terms "alcoholic
beverages," "intoxicating liquors," "sell," "sold," "sale," "restaurant,"
"club," "retailer," "person," "fermented malt beverages," "wholesalers,"
"retailers," "operators" and "nonintoxicating beverages" shall have
the meaning given them by Chapter 125, Wis. Stats.
No person, firm or corporation shall vend, sell,
deal or traffic in or have in his possession with intent to vend,
sell, deal or traffic in or, for the purpose of evading any law or
ordinance, give away any intoxicating liquor or fermented malt beverage
in any quantity whatever, or cause the same to be done, without having
procured a license as provided in this chapter nor without complying
with all the provisions of this chapter and all statutes and regulations
applicable thereto, except as provided by §§ 125.26,
125.27, 125.28 and 125.51, Wis. Stats.
The fees as established by the Village Board
shall be chargeable for licenses issued by the Village Board.
The Village Clerk-Treasurer shall notify the
Chief of Police and Chief of the Fire Department of each new application,
and these officials shall inspect or cause to be inspected each application
and the premises, together with such other investigation as shall
be necessary to determine whether the applicant and the premises sought
to be licensed comply with the regulations, ordinances and laws applicable
thereto, including those governing sanitation in restaurants, and
whether the applicant is a proper recipient of a license. These officials
shall furnish to the Village Board in writing the information derived
from such investigation, accompanied by a recommendation as to whether
a license should be granted or refused. No license shall be renewed
without a reinspection of the premises and report as originally required.
Opportunity shall be given by the governing
body to any person to be heard for or against the granting of any
license. Upon the approval of the applicant by the Village Board,
the Village Clerk-Treasurer shall issue to the applicant a license,
upon payment by the applicant of the license fee to the village. The
full license fee shall be charged for the whole or fraction of any
year.
[Amended 6-13-2001]
All 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. The Village Clerk-Treasurer shall affix to the license
his affidavit.
[Amended 6-13-2001]
All retail "Class A," "Class B," Class "A" and
"B" licenses granted hereunder shall be granted subject to the following
conditions, and all other conditions of this chapter, and subject
to all other ordinances and regulations of the village applicable
thereto:
A. Consent to entry. Every applicant procuring a license
thereby consents to the entry of police or other duly authorized representatives
of the village at all reasonable hours for the purpose of inspection
and search and consents to the removal from said premises of all things
and articles there had in violation of village ordinances or state
laws and consents to the introduction of such things and articles
in evidence in any prosecution that may be brought for such offenses.
B. Employment of minors. No retail Class "B" licensee
shall employ any person under 19 years of age, but this shall not
apply to hotels and restaurants. Family members may work on the licensed
premises but are not permitted to sell or dispense alcoholic beverages.
C. Disorderly conduct prohibited. 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.
D. Licensed operator on premises. There shall be upon
premises operated under a Class "B" license, at all times, the licensee
or some person who shall have an operator's license and who shall
be responsible for the acts of all persons serving, as waiters or
in any other manner, any fermented malt beverages to customers. No
person other than the licensee shall serve fermented malt beverages
in any place operated under a Class "B" license unless he possesses
an operator's license, who is at the time of such service upon said
premises.
E. Health and sanitation regulations. The rules and regulations
of the State Board of Health governing sanitation in restaurants shall
apply to all Class "B" liquor licenses issued under this chapter.
No Class "B" license shall be issued unless the premises to be licensed
conforms to such rules and regulations.
F. Restrictions near schools and churches. No retail
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.
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 subsection
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 building, hospital
building or church building.
[Amended 6-13-2001; 8-8-2012 by Ord. No. 1-2012]
Class "A" and "Class A" licenses. "Class A" liquor licensed
premises may remain open for the conduct of their regular business
daily between the hours of 6:00 a.m. and 9:00 p.m., and Class "A"
fermented malt beverage licensed premises between the hours of 6:00
a.m. and 12:00 midnight.