As used in this chapter, the following terms
shall have the meanings indicated:
CLUB
An organization, whether incorporated or not, which is the
owner, lessee or occupant of a building or portion thereof used exclusively
for club purposes, which is operated solely for a recreational, fraternal,
social, patriotic, political, benevolent or athletic purpose but not
for pecuniary gain and which only sells alcohol beverages incidental
to its operation.
FERMENTED MALT BEVERAGES
Any beverage made by the alcohol fermentation of an infusion
in potable water of barley malt and hops, with or without unmalted
grains or decorticated and degerminated grains or sugar containing
0.5% or more of alcohol by volume.
HOTEL
A hotel as defined in § 254.61(3), Wis. Stats., that is provided with a restaurant, except that for purposes of §
171-6C(3) of this chapter, it shall have 100 or more rooms of sleeping accommodations and either an attached restaurant with a seating capacity of 150 or more persons or a banquet room in which banquets attended by 400 or more persons may be held.
[Amended 8-9-1999]
INTOXICATING LIQUOR
All ardent, spirituous, distilled or vinous liquors, liquids
or compounds, whether medicated, proprietary, patented or not, and
by whatever name called, containing 0.5% or more of alcohol by volume,
which are beverages, but does not include fermented malt beverages.
PERSON
A natural person, sole proprietorship, partnership, limited
liability company, corporation or association.
PREMISES
The area described in a license or permit.
RESTAURANT
A restaurant as defined in § 254.61(5), Wis. Stats., except that for purposes of §
171-6C(3) of this chapter it shall have a seating capacity of 300 or more persons.
[Amended 8-9-1999]
SELL, SOLD, SALE OR SELLING
Any transfer of alcohol beverages with consideration or any
transfer without consideration if knowingly made for purposes of evading
the law relating to the sale of alcohol beverages or any shift, device,
scheme or transaction for obtaining alcohol beverages, including the
solicitation of orders for, or the sale for future delivery of, alcohol
beverages.
VILLAGE
The Village of Elm Grove, Wisconsin.
WHOLESALER
A person, other than a brewer, manufacturer or rectifier,
who sells alcohol beverages to a licensed retailer or to another person
who holds a permit to sell alcohol beverages at wholesale.
WINE
Products obtained from the normal alcohol fermentation of
the juices or must of sound, ripe grapes, other fruits or other agricultural
products, imitation wine compounds sold as wine, vermouth, cider,
perry, mead and sake, if such products contain 0.5% or more of alcohol
by volume.
WINE COOLER
Beverages containing products obtained from the normal alcohol
fermentation of the juices or must of sound, ripe grapes, other fruits
or other agricultural products, imitation wine compounds sold as wine,
vermouth, cider, perry, mead and sake, if such beverages contain not
more than 6% of alcohol by volume.
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 herein specified, shall
permit the holder to sell, deal or traffic in intoxicating liquor
or fermented malt beverages as provided in this section and as provided
in §§ 125.17, 125.18, 125.25, 125.26, 125.28 and 125.51,
Wis. Stats. Except as otherwise provided in this chapter, the full
license fee shall be charged for the whole or fraction of any year.
All license years shall be deemed to commence as of July 1.
A. Retail Class "A" license. A Class "A" license may
be issued by the Village Board under § 125.25, Wis. Stats.,
and authorizes retail sales of fermented malt beverages in original
packages, containers or bottles only for consumption off the premises
where sold. The license fee shall be $100 per year. A license may
be issued after July 1. That license shall expire on the following
June 30. The fee for a license for less than 12 months shall be prorated
according to the number of months or fraction thereof for which the
license is issued.
B. Retail Class "B" license. A Class "B" license may
be issued by the Village Board under § 125.26, Wis. Stats.,
and authorizes retail sales of fermented malt beverages to be consumed
either on the premises where sold or off the premises. Persons holding
a Class "B" license may sell beverages containing less than 0.5% alcohol
by volume without obtaining a license under § 66.053(1),
Wis. Stats.
(1) The fee for a Class "B" license shall be $100 per
year. A license may be issued after July 1. That license shall expire
on the following June 30. The fee for a license for less than 12 months
shall be prorated according to the number of months or fraction thereof
for the which the license is issued. A Class "B" license may be issued
at any time after July 1 for a period of six months in any license
year, for which 50% of the license fee shall be paid. But such short-term
licenses shall not be renewable during the calendar year in which
issued.
(2) Special events. A temporary Class "B" license may
be issued by the Village Clerk to bona fide clubs, to county or local
fair associations or agricultural societies, to churches, lodges or
societies and to posts of veterans' organizations any of which have
been in existence for at least six months before the date of application
for special events. A license issued under this subsection authorizes
the sale of fermented malt beverages at particularly described picnics
or other similar gatherings, such as at a meeting of the veterans'
post or during a fair conducted by the fair association or agricultural
society. No temporary Class "B" license holder shall allow any underage
person to be present on the premises for which the temporary Class
"B" license is issued unless the temporary Class "B" license specifically
grants permission for underage persons to be present. Application
for a temporary Class "B" license under the provisions of this subsection
shall be made not less than five business days before the event is
scheduled to take place. Upon approval the applicant shall receive
a temporary Class "B" license under the provisions of this subsection
upon payment of a fee of $10 per permitted event.
C. Picnics or similar gatherings on public property.
(1) Special permit. A special permit may be issued by
the Village Clerk to families or clubs including, but not limited
to, nonprofit charitable organizations, to state, county, or local
fair associations or agricultural societies, to churches, lodges or
societies and to posts of veterans' organizations. A special permit
issued under this section authorizes the consumption and dispensing
of fermented malt beverages and/or wine coolers at particularly described
picnics or other similar gatherings which are held on public property.
No charge shall be allowed in connection with the serving, selling,
consumption, or distribution of fermented malt beverages and/or wine
coolers at events for which a special permit has been granted unless
a Temporary Class "B" license or a Temporary "Class B" license has
also been obtained under this chapter for said event. A special permit
for an event for which a Temporary Class "B" or Temporary "Class B"
license has been or will be procured may only be issued by the Village
Clerk upon proof by the applicant that liability insurance coverage
of not less than one-half-million dollars has been procured for the
contemplated event. This subsection is not intended to regulate the
internal activities of private organizations, nor legitimate private
social events held entirely on private property.
(2) Except as otherwise provided within Subsection
C(1) of this section or authorized by ordinance or resolution of the Village Board, the consumption or dispensing of alcoholic beverages on any public property or on a highway as defined in § 340.01(22), Wis. Stats., is prohibited.
[Amended 2-8-1999; 6-14-1999]
(3) The application for a special permit under the provisions
of this subsection shall be made to the Village Clerk not less than
48 hours before the event takes place. Said application shall include
an agreement signed by the applicant on behalf of the entity applying
for a special permit whereby the applicant expressly warrants and
represents that the Village of Elm Grove, its officers, agents and
employees shall be held harmless and indemnified from any and all
claims which may arise from the issuance of a special permit under
this chapter. The Village Clerk shall refer to the Finance and Licensing
Committee any applications for a special permit under this subsection
where there is a question as to whether an applicant qualifies for
a special permit under this subsection.
(4) There shall be no fee for a special permit under this
subsection. However, a special permit may not be issued to any family
or club for more than three occasions per year under this subsection,
provided that each "occasion" is defined to mean no more than three
consecutive calendar days.
[Amended 12-11-2000]
(5) A special permit may be issued by the Village Clerk
to organized sports teams participating in an Elm Grove Recreation
Department program. Applicants shall be charged $25 for one special
permit which shall be good for the entire season, not to exceed a
four-month period, provided that an authorized member of the team
provides an application on the form provided by the village together
with a team roster and schedule, including name, address and date
of birth for all members. This is a nonrefundable fee, and the permit
can be revoked without notice for violation of this chapter or at
the discretion of the Village Manager.
[Added 2-8-1999]
(6) Except as otherwise provided within this section,
residents attending village-sponsored events in the park, such as
July 4th celebration and concerts in the park, and as otherwise specified
by the Village Manager upon prior notice to the Village Board of Trustees
at a scheduled Board meeting do not have to apply for a special permit
for consumption of fermented malt beverages, wine and/or wine coolers,
providing that said beverages will not be consumed by, or dispensed
to, persons other than those legally permitted to possess or consume
said types of beverages.
[Added 2-8-1999]
D. Wholesaler's fermented malt beverage license. A wholesaler's
license may be issued by the Village Board under § 125.28,
Wis. Stats., and authorizes sales of fermented malt beverages only
in original packages or containers to retailers or wholesalers, not
to be consumed in or about the premises where sold. The fee shall
be $25 per year.
E. Retail "Class A" license. A "Class A" license may
be issued by the Village Board under § 125.51(2), Wis. Stats.,
and authorizes the retail sale of intoxicating liquor in original
packages and containers for consumption off the premises where sold.
The fee shall be $500 per year.
F. Retail "Class B" license. A "Class B" license may
be issued by the Village Board under § 125.51(3), Wis. Stats.,
and authorizes the sale of intoxicating liquor to be consumed by the
glass only on the premises where sold and also authorizes the sale
of intoxicating liquor in the original package or container, in quantities
not to exceed four liters at any one time, and to be consumed off
the premises where sold. Wine, however, may be sold for consumption
off the premises in the original package or container in any quantity.
The fee shall be $500 per year. Except as otherwise specified in § 125.51(3)(f),
Wis. Stats., a "Class B" license may be issued only to a holder of
a Class "B" license to sell fermented malt beverages.
G. Reserve "Class B" license. A reserve "Class B" license may be issued by the Village Board under § 125.51(4)(a)(4), Wis. Stats., to authorize the sale of intoxicating liquors to be consumed by the glass only on the premises where sold and also to authorize the sale of intoxicating liquor in the original package or container, in quantities not to exceed four liters at any one time, and to be consumed off the premises where sold. Wine, however, may be sold for consumption off the premises in the original package or container in any quantity. The fee shall be $10,000 for initial issuance plus $500 for the first year's license. Each annual renewal fee shall be $500 per year. Except as otherwise specified in § 125.51(3)(f), Wis. Stats., a reserve "Class B" license may be issued only to a holder of a Class "B" license to sell fermented malt beverages. Bona fide clubs, as defined in §
171-2, that make application for a reserve "Class B" liquor license are exempted from the issuance fee of $10,000 and required to pay only the first year license fee, provided that the club is situated in the village and incorporated in the state for at least six years.
[Added 8-9-1999]
H. "Class A" and "Class B" licenses. For either "Class
A" or "Class B" licenses:
[Amended 8-9-1999]
(1) A license may be issued after July 1 in any license
year. All licenses 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, except
that the initial issuance fee of $10,000 for a reserve "Class B" liquor
license shall not be prorated.
I. Temporary "Class B" licenses. Notwithstanding § 125.68(3),
Wis. Stats., temporary "Class B" licenses may be issued by the Village
Clerk to bona fide clubs, to county or local fair associations or
agricultural societies, to churches, lodges or societies that have
been in existence for at least six months before the date of application
and to posts of veterans' organizations authorizing the sale of wine
containing not more than 6% alcohol by volume in an original package,
container or bottle or by the glass if the wine is dispensed directly
from an original package, container or bottle at a particular picnic
or similar gathering, at a meeting of the post or during a fair conducted
by the fair association or agricultural society. application for a
temporary "Class B" license under the provisions of this chapter shall
be made not less than five business days before the event is scheduled
to take place. Upon approval the applicant shall receive a temporary
"Class B" license under the provisions of this subsection upon payment
of a fee of $10 per permitted event, except that no fee shall be charged
if a temporary Class "B" license is applied for at the same time for
the same event.
J. Operator's license.
[Amended 10-26-2020]
(1) Pursuant to § 125.17, Wis. Stats., an operator's license
may be issued by the Village Clerk for purposes of compliance with
§§ 125.32(2) and 125.68(2), Wis. Stats., after a background
check has been completed that shows no arrest or conviction for alcohol
or drug related offenses.
(2) No operator's license may be issued unless the applicant provides
a written application to the Village Clerk with evidence of compliance
with license training provisions contained in § 125.17(6),
Wis. Stats.
(3) If the applicant for an operator's license has an arrest or
conviction for an alcohol- or drug-related offense, or the Village
Clerk is uncertain whether the applicant satisfies any other requirement
for an operator's license, the application shall be referred
to the Village Finance and Licensing Committee, which shall make a
recommendation to the Village Board regarding the approval or denial
of the operator's license. In which case, the Village Board shall
decide whether the operator's license shall be granted.
(4) A provisional operator's license may be issued to an applicant
by the Village Clerk upon written application. The applicant must
be 18 years of age and a resident of the State of Wisconsin and must
have applied for an operator's license and have provided proof
of enrollment in the training class required by § 125.17(6),
Wis. Stats. No provisional operator's license shall be granted
if the applicant previously had been denied an operator's license
by the Village of Elm Grove or if the applicant, subject to §§ 111.321,
111.322 and 111.335, Wis. Stats., has an arrest or conviction record
of an alcohol- or drug-related offense. The provisional operator's
license shall cost $15 and expire 60 days from the date of issuance
or when an operator's license is issued by the Village of Elm
Grove, whichever is sooner. The Village Clerk shall immediately revoke
the provisional operator's license in the event the holder fails
to successfully complete the course required by § 125.17(6),
Wis. Stats.
(5) The application fee for an operator's license application fee
shall be $50 and the license shall be valid for two years.
K. Temporary operator's license. A temporary operator's license
may be issued by the Village Board or Clerk for purposes of compliance
with §§ 125.32(2) and 125.68(2), Wis. Stats., to persons
employed by or donating their services to nonprofit corporations.
No person may hold more than two temporary operator's licenses
per year. The temporary operator's license shall cost $10 and
shall be valid for the period stated on the license, which shall be
from one day to 14 days.
[Amended 10-26-2020]
L. Retail "Class C" license. A "Class C" license may
be issued by the Village Board under Wis. Stat. § 125.51(3m)
to a person qualified under Wis. Stat. § 125.04(5) for a
restaurant in which the sale of alcohol beverages accounts for less
than 50% of gross receipts and which does not have a barroom or for
a restaurant in which the sale of alcohol beverages accounts for less
than 50% of gross receipts and which has a barroom in which wine is
the only intoxicating liquor sold. A "Class C" license may not be
issued to a foreign corporation, a foreign limited liability company
or a person acting as agent for or in the employ of another. The fee
shall be $100 per year. A "Class C" license issued under this section
authorizes the retail sale of wine by the glass or in an opened original
container for consumption on the premises where sold. For purposes
of this subsection, "barroom" means a room that is primarily used
for the sale or consumption of alcohol beverages.
[Added 12-11-2000]
[Amended 12-11-2000]
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 and, unless sooner revoked, shall expire on June 30
thereafter except as otherwise provided. The license shall not be
delivered until the applicant shall produce and file with the clerk
a receipt showing payment of the sum required therefor to the Village
Treasurer.
Every license issued under this chapter shall
be posted and at all times displayed as provided in § 125.04(10),
Wis. Stats.
[Amended 8-9-1999]
The provisions of § 125.12(1) through
(2)(ar), Wis. Stats., are hereby incorporated by reference in their
entirety. Any licensee who procures for, sells, dispenses or gives
away alcoholic beverages to a person who is a minor under state law
shall be subject to suspension as provided under §§ 125.07
and 125.12(1), Wis. Stats.
The provisions of § 125.12(2)(b),
Wis. Stats., are hereby incorporated by reference in their entirety.
Whenever the Village Board or Municipal Court revokes or suspends
a license or permit or imposes a penalty on a licensee or permittee
for the violation of this chapter or Ch. 125, Wis. Stats., the Village
Clerk or the Clerk of the Municipal Court shall, within 10 days after
the revocation, suspension or imposition of the penalty, mail a report
to the Department of Revenue at Madison, Wisconsin, giving the name
of the licensee, the address of the licensed premises and a full description
of the penalty imposed.
The Village Board may refuse to renew a license
for the causes provided in § 125.12(2)(ag), Wis. Stats.
Prior to the time for the renewal of the license, the Village Board
shall notify the licensee in writing of the village's intention not
to renew the license and provide the licensee with an opportunity
for a hearing. The notice shall state the reasons for the intended
action. The hearing shall be conducted as provided in § 125.12(2)(b),
Wis. Stats., and judicial review shall be as provided in § 125.12(2)(d),
Wis. Stats.
A violation of this chapter by a duly authorized
agent or employee of the licensee shall constitute a violation by
the licensee or permit holder.
[Amended 7-26-2005]
Any person who shall violate any provision of this chapter or any rule or regulation made under this chapter shall be subject to a penalty as provided in §
1-16 of this Code.