[HISTORY: Adopted by the Village Board of
the Village of Shorewood as Ch. 10, Arts. 4 and 18 of the 1986 Code.
Amendments noted where applicable.]
The provisions of Ch. 125, Wis. Stats., related to the use and 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 chapter by reference.
No person, firm or corporation shall, within
the Village of Shorewood, distribute, sell or keep, or offer for sale
at wholesale or retail, any fermented malt beverage or intoxicating
liquor, or cause the same to be done, without having procured a license
as provided in this chapter. A license shall be required for each
place of business.
[Amended 2-21-2006 by Ord. No. 1909]
A.
Issuing authority. An operator's license, temporary
operator's license or provisional operator's license may be issued
by the Village Clerk upon completion of a written application, payment
of the proper initial fee or renewal fee and approval from the Chief
of Police or Chief's designee.
(1)
Applications which are not recommended for approval
by the Police Department or which the Village Clerk determines merit
review by the Village Board shall be forwarded to the Village Board
for approval or denial. Applications for these described licenses
may be denied only by the action of the Village Board.
(2)
Applications submitted to the Village Board shall
include a written notice to the applicant stating that he or she must
appear before the Board for individual review of the application.
The notification shall state that failure to appear may result in
a denial of the application.
B.
Operator's license.
(1)
An operator's license per § 125.17, Wis. Stats., may be issued upon written application and the payment of the fee described in § 335-4 to applicants who qualify under the standards set by § 125.04(5), Wis. Stats.
(2)
An operator's license shall be valid for up to two
years and shall expire on June 30 as per § 125.17, Wis.
Stats.
C.
Provisional operator's license.
(1)
Standards.
(a)
A provisional operator's license is authorized
to be issued to:
[1]
A person who at the time of application for
an operator's license and the payment of the required fee files a
certified copy of a valid operator's license issued by another municipality.
[2]
Any person who is enrolled in but has not yet
completed a responsible beverage provider training course required
for an operator's license and has met all of the other requirements
for the issuance of an operator's license.
(b)
Exception. A provisional operator's license
may not be issued to any person who has been denied a license by the
Village of Shorewood.
(2)
Term. A provisional operator's license shall expire
60 days after its issuance or when a regular operator's license is
issued to the holder, whichever is sooner.
(4)
Revocation. The Village Clerk may revoke a provisional
operator's license:
D.
Temporary operator's license.
(1)
A temporary operator's license may be issued upon written application and the payment of a fee described in § 335-4 to applicants who qualify for the issuance of an operator's license and who are employed by or who are donating their services to nonprofit entities per § 125.17, Wis. Stats.
(2)
A temporary operator's license shall be valid for
a period designated from one day to 14 days as stated on the license,
and no person may hold more than one temporary operator's license
per year per § 125.17, Wis. Stats.
[Amended 9-4-1990 by Ord. No. 1584; 6-23-2003 by Ord. No.
1856]
A.
There shall be the following classes and denominations of licenses which, when issued by the Village Clerk under the authority of the Village Board after payment of the fee as provided by the Village Fee Schedule, shall permit the holder to sell, deal or traffic in fermented malt beverages or intoxicating liquor as provided in Ch. 125, Wis. Stats.:
(1)
Class "A" fermented malt beverage retailer's license.
(2)
Class "B" fermented malt beverage retailer's license.
(3)
Wholesaler's fermented malt beverage license.
(4)
"Class A" retail liquor license.
(5)
"Class B" retail liquor license.
(6)
Operator's license.
(7)
Provisional operator's license.
(8)
Temporary operator's license, for 14 days.
(9)
Manager's license.
(10)
Class "B" temporary picnic beer license, for 14 days.
(11)
"Class B" temporary picnic wine license, for 14 days.
(12)
"Class C" retail wine license.
B.
The license fee for Class A and B retail fermented
malt beverage licenses and intoxicating liquor licenses and "Class
C" wine licenses issued for a period of less than 12 months shall
be prorated in accordance with the authority granted under §§ 125.25(1)
and (4), 125.26(1) and (4), and 125.51(9), Wis. Stats.
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 chapter:
A.
Inspection of application and premises. The Village
Clerk shall notify the Health Officer, Chief of Police, Fire Chief
and Building Inspector 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. These officials shall furnish to the Village Board
in writing the information derived from such investigation. No license
or permit provided for in this chapter shall be issued without the
approval of the Village Board, and no license shall be renewed without
a reinspection of the premises and a written report as herein required.
[Amended 9-18-1995 by Ord. No. 1717; 6-6-2005 by Ord. No. 1887]
B.
Health and sanitation. No license or permit shall
be issued for any premises which does not conform to the sanitary,
safety, and health requirements of the Department of Commerce and
the Department of Health and Family Services and to all such ordinances
and regulations adopted by the Village.
C.
Delinquent taxes, assessments and claims.
D.
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 or which has
had a license issued pursuant to this chapter revoked within 12 months
prior to application.
A.
No more than four annual retail Class "A" fermented
malt beverage licenses shall be issued in the Village.
B.
No more than six annual retail "Class A" intoxicating
liquor and fermented malt beverage licenses shall be issued in the
Village.
C.
No more than 14 annual retail "Class B" intoxicating
liquor and fermented malt beverage licenses shall be issued in the
Village.
D.
The number of reserve "Class B" intoxicating liquor
and fermented malt beverage licenses that the Village of Shorewood
is authorized to issue shall be as established within § 125.51(4),
Wis. Stats.
E.
No more than five annual retail Class "B" fermented
malt beverage licenses shall be issued in the Village.
[Amended 5-4-1998 by Ord. No. 1771; 10-3-2011 by Ord. No.
1994]
F.
The number of "Class C" retail wine licenses issued
shall be no more than four.
[Amended 6-23-2003 by Ord. No. 1856]
[Amended 9-18-1995 by Ord. No. 1717]
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 police officer, member of the
Fire Department or Village Health Department, 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 chapter.
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.
A.
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.
B.
Hours of operation.
[Amended 5-4-1998 by Ord. No. 1771; 6-23-2003 by Ord. No.
1856]
(1)
Establishments with Class A, Class B or Class C licenses
either are prohibited from selling alcohol or cannot be open for business
during the following hours [§§ 125.32(3) and 125.68(4),
Wis. Stats.]:
[Amended 1-19-2010 by Ord. No. 1961; 4-1-2013 by Ord. No. 2018]
|
Type of License
|
Off Premises (carry-outs)
Hours Closed/Prohibited
|
On-Premises Consumption
Hours Closed
| |
|---|---|---|---|
|
Class "A" beer
|
9:00 p.m. to 8:00 a.m., closed
|
Not permitted
| |
|
Class "B" beer
|
12:00 midnight to 6:00 a.m., prohibited
|
Monday to Friday 2:00 a.m. to 6:00 a.m.
| |
|
Saturday and Sunday 2:30 a.m. to 6:00 a.m.
| |||
|
"Class A" liquor
|
9:00 p.m. to 8:00 a.m., closed
|
Not permitted
| |
|
"Class B" liquor
|
Not permitted, except that:
| ||
|
(1) Wine may be sold from 6:00 a.m. to 12:00
midnight per § 125.51(3)(a), Wis. Stats., and as authorized
by § 125.51(3r)(a), Wis. Stats.;
|
Monday to Friday 2:00 a.m. to 6:00 a.m.
Saturday and Sunday 2:30 a.m. to 6:00 a.m.
| ||
|
and
| |||
|
(2) Intoxicating liquor may be sold in multiples not to exceed
4 liters at any one time from 6:00 a.m. to 12:00 midnight per § 125.51(3)(b),
Wis. Stats.
|
Monday to Friday 2:00 a.m. to 6:00 a.m.
Saturday and Sunday 2:30 a.m. to 6:00 a.m.
| ||
|
"Class C" wine
|
Not permitted
|
Monday to Friday 2:00 a.m. to 6:00 a.m.
| |
|
Saturday and Sunday 2:30 a.m. to 6:00 a.m.
|
(2)
On January 1, Class "B" beer and "Class B" liquor
license establishments are not required to close, but the 12:00 midnight
to 6:00 a.m. prohibition on the sale of alcohol beverages for off-premises
consumption remains in effect [§ 125.68(4)(c)1 and 3, Wis.
Stats.]. On the Sunday that daylight saving time begins as specified
in § 175.095(2), Wis. Stats., the closing hours for Class
"B," "Class B" and "Class C" establishments shall be between 3:30
a.m. and 6:00 a.m. At the time of closing as listed on the chart,
no further business whatsoever shall be transacted in, on, or about
the licensed premises. All guests, patrons and frequenters shall at
once depart. Employees of the premises may remain to clean up after
closing hours.
[Amended 2-25-2008 by Ord. No. 1935]
(3)
Music, singing, dancing or other form of entertainment shall not be permitted in said licensed premises after 12:00 a.m. of each day, except Saturday and Sunday, when the time shall be not later than 1:00 a.m. of the same day, and except on January 1 each year, when such entertainment may continue until 2:00 a.m., and shall be further subject to the provisions of Chapter 232 of this Code related to cabaret licensing.
[Amended 2-25-2008 by Ord. No. 1935]
C.
Temporary extension of licensed premises for special events.
[Added 4-2-2012 by Ord. No. 2003]
(1)
Authority. The granting of a temporary extension of licensed premises
for special events shall authorize the licensee to sell or serve intoxicating
liquors or fermented malt beverages, as permitted by the specific
license held, during the period of time and in the area described
in the application for such temporary extension, as expressly approved
by the Village Board. Such authority, however, shall be contingent
upon the licensee also obtaining any and all other special privileges
or permits required for the conduct of the special event for which
the temporary extension of the licensed premises is sought.
(2)
Eligibility. Any person holding a valid "Class B" retail liquor license,
Class "B" fermented malt beverage retailer's license or "Class C"
retail wine license may apply for temporary extension of such licensed
premises for a special event. The area which the licensee wishes to
include in any temporary extension of the licensed premises must be
owned by or under the control of the licensee. If the applicant seeks
a temporary extension of the licensed premises, such that the extended
licensed premises would extend into or encroach upon public property
or public thoroughfares, then the applicant shall also be required
to obtain the applicable special privilege or street festival permit
before the document authorizing the temporary extension of the licensed
premises is issued by the Village Clerk. The applicant shall also
comply with all other applicable statutes, ordinances and resolutions.
[Amended 8-13-2012 by Ord. No. 2010]
(3)
Applicant's responsibility. Application for the temporary extension
of licensed premises for special events shall be made by an individual,
or authorized agent in the case of a corporation, a limited liability
company or other entity or association, who shall be personally responsible
for compliance with all of the terms and provisions of this chapter.
(4)
Application. An application for the temporary extension of licensed
premises shall be filed on or before the deadline established by the
Village Clerk on forms provided by the Village Clerk. The application
shall be signed and sworn to by the applicant, if an individual; by
one partner, if a partnership; or by a duly authorized agent, officer
or member, if a corporation or limited liability company or other
entity. The application shall include:
(a)
The name, business address and telephone number of the applicant.
(b)
The address of the existing licensed premises and a specific
description of the site for which the temporary extension is sought.
(c)
The name of the particular event or function for which the temporary
extension of the licensed premises is sought.
(d)
The date and period of time for which the particular event or
function will be operated.
(e)
Such other reasonable and pertinent information as the Village
Board or Village Clerk may require.
(5)
Approval by Village Board. The completed application shall be referred
to the Village Board, which shall determine whether to approve the
permit. The Village Board may take into consideration the following:
(a)
The appropriateness of the location and site for which the permit
is sought and whether the event for which the permit is sought will
create problems.
(b)
The hours during which the event would be operated on the site
and the likely effect of the event on the surrounding area.
(c)
Whether previous permits granted to the same applicant or to
other applicants for the same site have resulted in neighborhood problems,
including, but not limited to, complaints of loud music, noise, litter,
conduct that would be considered to be disorderly conduct.
(d)
Any other factors which reasonably relate to the public health,
safety and welfare.
(6)
Issuance. In the event the Village Board grants the application for
a temporary extension of licensed premises for special events, the
Village Clerk shall issue an appropriate document to the applicant
confirming that fact and specifying the date, period of time and specific
location for which the extended licensed premises shall be in effect.
Such document shall also contain any restrictions or conditions which
the Village Board may place on such approvals. The Village Clerk shall
inform the Chief of Police of the date, place and event for which
the temporary extension of licensed premises was issued.
(7)
On-premises sale.
(a)
A licensee granted a temporary extension of licensed premises
for special events may not sell any alcohol or nonalcohol beverages
for consumption in bottles, cans and glass containers in the location
of the temporary extension of the licensed premises. Beverages may
only be sold in single service cups for on-premises consumption in
the location of the temporary extension of the licensed premises.
(b)
An exception to the limitation on sale of alcohol beverages to single-service cups in Subsection C(7)(a) above may be permitted by the Chief of Police upon application of an event sponsor or the licensee of the extended premises made at least 60 days prior to the special event. No exception shall be permitted allowing glass containers upon extended premises. The applicant shall include a copy of the application and permit, if issued, and information identifying the sponsor or sponsors of the special event, if any, the reason or reasons for which an exception is sought, including a specific description of the procedures and policies for assuring the safety of the public, a description of the entertainment or amusement to be provided during the special event, the type and estimated quantity of single-service beverage containers proposed for sale or possession upon the extended premises, and any other information the Chief of Police may require. The Chief of Police may permit beverage containers other than single-service cups when, in his or her discretion, considering information in the application and other factors consistent with the health, safety and welfare of the public and of police officers, it is determined that the exception poses no appreciable risk. These factors may include, but are not limited to, past experience with the same or similar special events, the estimated number of participants in the special event, and neighborhood circumstances. The Chief of Police may, upon cause clearly shown in the application, waive the requirement that an application be made at least 60 days prior to the event.
Except as authorized by Village 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.
A.
Procedure.
(1)
Except as hereinafter provided, the provisions of
§ 125.12(2), (4) and (5), Wis. Stats., shall be applicable
to proceedings for the suspension or revocation of all licenses or
permits granted under this chapter. In addition, suspension or revocation
proceedings may be instituted by the Village Board upon its own motion.
(2)
In proceedings involving the renewal, suspension or revocation of a license or permit for the dispensing or selling of fermented malt beverages or intoxicating liquors under Ch. 125, Wis. Stats., the procedure shall be as follows:
(a)
In proceedings involving renewal, suspensions
or revocations of licenses or permits issued under this chapter, where
information has been received by the Village Board upon which it could
reasonably be determined that sufficient grounds exist for not renewing
such license or permit or for suspending or revoking such license
or permit, the Village Board shall issue and cause to be served upon
the licensee or permittee a summons to be signed by the Clerk notifying
the licensee or permittee of a hearing, specifying the date, time
and place, which shall not be less than 10 days after the service
of said notice.
(b)
Service may be made in the manner a summons
is served in a civil action or by mailing by certified mail a copy
of the summons to the permittee or licensee at the address of the
licensed premises. If served by mail, service shall be considered
as having been made the day after mailing.
(c)
Such notice shall specify the nature of the
information received which is the basis for considering nonrenewal,
suspension or revocation of the license or permit and shall inform
the licensee or permittee that evidence will be taken at such hearing
on such information and that the licensee or permittee shall have
the right to:
[1]
Attend said hearing in person and/or by counsel.
[2]
Confront sworn witnesses under oath.
[3]
Present witnesses under oath in behalf of the
licensee or permittee; subpoenas shall be issued by the Village Clerk
upon application made to him.
[4]
Cross-examine witnesses.
[5]
Present evidence and testimony in his behalf.
[6]
Argue on the law and facts.
[7]
Have the testimony taken verbatim by a stenographic
reporter or, at the option of the Village, by a recording device,
and preserved, if he has made a request in writing filed with the
Village Clerk not less than three days prior to the hearing. In case
a request is submitted for the taking of testimony, the licensee or
permittee shall deposit with the Village Treasurer the sum of $50
to insure payment by him of the cost of the taking of such testimony.
If such cost is less than $50, the difference shall be refunded, and
if more, the licensee or permittee shall pay the difference to the
Village Clerk.
(d)
The hearing may be adjourned from time to time.
(e)
After such hearing the decision of the Village
Board shall be based on the evidence adduced at the hearing; provided,
however, that if the licensee or permittee fails to appear at the
hearing, the Village Board may consider the reasons set forth in the
summons as the basis for possible nonrenewal, suspension or revocation
of the license or permit as having been established without the taking
of testimony.
(f)
The Village Board must make findings of fact
and file a written decision, a copy of which shall be forwarded to
the licensee or permittee within 30 days after said hearing has been
concluded.
B.
Repossession of license or permit. Whenever any license
or permit under this chapter shall not have been renewed or shall
have been suspended or revoked by the Village Board, or by action
of any court of record, it shall be the duty of the Village Clerk
to notify the licensee or permittee of such nonrenewal, suspension
or revocation and to further notify the Chief of Police, who shall
take, or cause to be taken, physical possession of the license or
permit wherever it may be found and file it in the Village Clerk's
office, subject only to a court order to the contrary.
C.
Continuation of business.
[Added 5-5-2014 by Ord. No. 2035]
(1)
Any license duly issued under this chapter for any business or establishment
which has not been used for 120 consecutive days or a license duly
granted but not issued within 120 days shall be subject to review
and possible revocation.
(2)
For purposes of determining whether a license has not been used under Subsection C(1) the Board may consider:
(a)
Whether the establishment has been opened to the public and
in what times or circumstances;
(b)
Whether the establishment maintains open and active accounts
with food and alcohol distributors and other service providers or
vendors;
(c)
Whether the establishment has attempted to be open to the public
only intermittently or in an attempt to circumvent the provisions
of this section;
(d)
Whether the alcoholic beverage license holder has submitted
a timely renewal application;
(e)
Whether other conditions, circumstances or information exists
which would assist in making a determination in whether the establishment
has failed to use its license.
(3)
An establishment is not deemed to have failed to use its license
if it is temporarily closed due to license suspensions.
A.
"Underage person" means a person who has not attained
the legal drinking age.
B.
No individual may knowingly permit or fail to take
action to prevent the illegal consumption of fermented malt beverages
or intoxicating liquor by any underage person on the premises owned
by the individual or under the individual's control.
C.
No individual may intentionally encourage or contribute
to violation of any state law or Village ordinance related to the
possession or consumption of fermented malt beverages or intoxicating
liquor by any underage person.
D.
Unless accompanied by a parent, guardian, or spouse
who has attained the legal drinking age, no underage person shall
enter, remain or loiter in any public or private place with the knowledge
that any fermented malt beverage or other alcoholic beverage is being
sold, dispensed, given away or made available to underage persons.
[Amended 6-22-1992 by Ord. No. 1637]
E.
No person of legal drinking age shall knowingly suffer
or permit any underage person to enter, remain or loiter in any premises,
public or private, where fermented malt beverages or other alcoholic
beverages are served, sold, dispensed, given away or made available
to underage persons, unless such underage person is accompanied by
a parent, guardian or spouse who has attained the legal drinking age.
[Amended 6-22-1992 by Ord. No. 1637]
Subject to other provisions of this chapter,
any person aggrieved by an administrative ruling, judgment or decision
may appeal for a hearing before the Board of Appeals within 10 days
after the issuance of such ruling, judgment or decision. A nonrefundable
appeal fee of as provided by the Village Fee Schedule shall accompany
each and every appeal brought hereunder. The Village Clerk shall give
notice of a hearing to the appellant, to be held within 30 days after
service of the notice on the appellant, said service to be served
either personally or by certified mail addressed to the appellant's
last known address. All other interested parties may be given written
notice of said hearing by regular mail. Upon conclusion of the hearing
held by the Board of Appeals, the Board shall make a ruling. The written
decision of the Board shall be mailed to the appellant by the Village
Clerk within 10 days of said decision. Any determination by the Board
of Appeals may be appealed to the Circuit Court of Milwaukee County
as provided by law.
[Amended 2-4-1991 by Ord. No. 1596]
[Added 6-4-2012 by Ord. No. 2007]
A.
The Village
Board finds that businesses such as restaurants and taverns make important
contributions to the Village's economy. These establishments serve
important public purposes, including increasing the property tax base,
providing employment, offering services and entertainment to Village
residents, encouraging visitors to the Village and enhancing the economic
and cultural climate in the Village. Excessive license fees deter
business and are contrary to the above-stated public purposes. 1997
Wisconsin Act 27 requires municipalities to establish a minimum fee
of $10,000 for each Reserve "Class B" License issued, and the new
fee far exceeds the actual cost of licensing the activity. It is the
purpose of this section to utilize revenue generated by 1997 Wisconsin
Act 27 to assist reserve "Class B" licensees to achieve the important
public purposes identified herein.
B.
Following
the issuance of a new reserve "Class B" license and upon application,
the Village Board may provide an economic development grant to the
licensee in an amount not to exceed the amount actually paid by the
licensee to the Village for issuance of the reserve "Class B" liquor
license, minus the fee for a "Class B" license. The application shall
be referred to the Community Development Authority for review under
this section. Upon the recommendation of the Community Development
Authority, prior to awarding any grant, the Village Board may make
such findings and establish such conditions as appropriate to assure
that any funds awarded hereunder serve public purposes and are in
the public interest.
