The provisions of Ch. 125, Wis. Stats., 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 in order to secure uniform statewide regulation of
alcohol beverage control.
As used in this chapter, the terms "alcohol
beverages," "intoxicating liquor," "principal business," "legal drinking
age," "premises," "sell," "sold," "sale," "restaurant," "club," "retailer,"
"person," "fermented malt beverages," "wholesalers," "operators,"
and "nonintoxicating beverages" shall have the meaning given them
by Ch. 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 §§ 125.16,
125.27, 125.28 and 125.51, Wis. Stats.
There shall be the following classes of licenses which, when issued by the Village Clerk-Treasurer under the authority of the Village Board after payment of the license fee and publication costs hereinafter specified, shall permit the holder to sell, deal or traffic in intoxicating liquors or fermented malt beverages as provided in §
195-4 of this chapter and Ch. 125, Wis. Stats.:
A. Class "A" fermented malt beverages retailer's license.
The annual fee for this license shall be as set by the Village Board.
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. Class "B" fermented malt beverage license. The annual
fee for this license shall be as set by the Village Board. This license
may be issued at any time for six months in any calendar year, for
which 50% of the applicable license fee shall be paid, but such license
shall not be renewable during the calendar year in which issued. 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.
C. Temporary Class "B" fermented malt beverage license.
The fee for this license shall be as set by the Village Board.
D. Temporary "Class B" wine license. The fee for this
license shall be as set by the Village Board. However, there shall
be no fee if the temporary wine license is obtained along with a temporary
fermented malt beverage license.
E. Fermented malt beverage wholesalers' license. The
annual fee for this license shall be as set by the Village Board.
F. "Class A" intoxicating liquor retailer's license.
The annual fee for this license shall be as set by the Village Board.
G. "Class B" intoxicating liquor retailer's license.
The annual fee for this license shall be as set by the Village Board.
This license may be issued at any time for six months in any calendar
year, for which 50% of the applicable license fee shall be paid, but
such license shall not be renewable during the calendar year in which
issued.
H. "Class C" wine license. The annual fee for this license
shall be as set by the Village Board. The fee for less than 12 months
shall be prorated.
I. Reserve "Class B" license.
(1) Pursuant to § 125.51(3)(e)2, Wis. Stats.,
reserve "Class B" licensees will be required to pay an initial license
fee of $10,000.
(2) All new reserve "Class B" licensees who are required
to pay the initial reserve "Class B" license fee of $10,000 shall
be eligible to receive from the Village of Orfordville a grant of
$10,000.
(3) Payment of the grant to a licensee shall be conditioned
upon the following:
(a)
Payment of the initial reserve "Class B" license
fee of $10,000 by the licensee by certified check or in United States
currency.
(b)
The grant and issuance of the initial reserve
"Class B" license to the licensee.
(c)
Proper execution and completion of the license
application by the reserve "Class B" licensee or the licensee's authorized
representative.
The Village Clerk-Treasurer shall notify the
Police Department, Fire Inspector and Building Inspector 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 Clerk-Treasurer in writing,
who shall forward to the Village Board, 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.
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.
All retail Class "A," Class "B," "Class A" and
"Class B" licenses granted hereunder shall be granted subject to the
following conditions, and all other conditions of this section, 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" or Class
"B" licensees shall employ any underage person, as defined in the
Wisconsin Statutes, 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 alcohol 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," Class "B" or "Class C" license,
at all times, the licensee, members of the licensee's immediate family
who have attained the legal drinking age, and/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," Class "B" or "Class C" license unless he possesses an operator's
license or there is a person with an operator's license upon said
premises at the time of such service.
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 or "Class C" licenses issued under this
chapter. No "Class B" or "Class C" 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," Class "B," "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.
G. Clubs. No club shall sell or give away any intoxicating
liquors except to bona fide members and guests invited by members.
H. Gambling prohibited. Except as authorized by state
law, no gambling or game of chance of any sort shall be permitted
in any form upon any premises licensed under this chapter or the laws
of the State of Wisconsin.
I. Credit prohibited. No retail Class "A," Class "B,"
"Class A," "Class B" or "Class C" liquor, wine, or fermented malt
beverage licensee shall sell or offer for sale any alcohol beverage
to any person or persons by extending credit, except hotel credit
extended to a resident guest or a club to a bona fide member. It shall
be unlawful for such licensee or permittee to sell alcohol beverages
to any person on a passbook or store order or to receive from any
person any goods, wares, merchandise or other articles in exchange
for alcohol beverages.
J. Licensee or permittee responsible for acts of help.
A violation of this chapter by a duly authorized agent or employee
of a licensee or permittee under this chapter shall constitute a violation
by the licensee or permittee. Whenever any licensee or permittee under
this chapter shall violate any portion of this chapter, proceedings
for the suspension or revocation of the license or permit of the holder
thereof may be instituted in the manner prescribed in this chapter.
K. Improper exhibitions. It shall be unlawful for any
person to perform, or for any licensee or manager or agent of the
licensee to permit any employee, entertainer or patron to engage in,
any live act, demonstration, dance or exhibition on the licensed premises
which:
(1) Exposes his or her genitals, pubic hair, buttocks,
perineum, anal region or pubic hair region;
(2) Exposes any device, costume or covering which gives
the appearance of or simulates genitals, pubic hair, buttocks, perineum,
anal region or pubic hair region;
(3) Exposes any portion of the female breast at or below
the areola thereof; or
(4) Engages in or simulates sexual intercourse and/or
any sexual contact, including the touching of any portion of the female
breast or the male and/or female genitals.
[Amended 3-12-2012]
Closing hours shall be established in conformance
with § 125.32(3), Wis. Stats., and further restricted as
follows:
A. Class "B"
licenses.
(1) No
premises for which a retail "Class B" liquor, Class "B" fermented
malt beverage, or "Class C" wine license has been issued shall be
permitted to remain open for the sale of liquor or fermented malt
beverages or for any other purpose between the hours of 2:00 a.m.
and 6:00 a.m., Monday through Friday, and 2:30 a.m. and 6:00 a.m.,
Saturday and Sunday. There shall be no closing hours on January 1.
(2) Hotels and restaurants, the principal business of which is the furnishing of food or lodging to patrons, bowling alleys, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but shall not sell liquor or malt beverages during the closing hours of Subsection
A(1) above.
B. Carry-out
hours. A premises having a Class A fermented malt beverage license
may not sell fermented malt beverages between the hours of 12:00 midnight
and 6:00 a.m. A premises having a Class A intoxicating liquor license
may not sell intoxicating liquor between the hours of 9:00 p.m. and
6:00 a.m.
It shall be unlawful for any person or organization
on a temporary basis to sell or offer to sell any alcohol beverage
upon any Village-owned property or privately owned property within
the Village of Orfordville, except through the issuance of a temporary
Class "B" fermented malt beverage license or temporary "Class B" wine
license issued by the Village Board in accordance with Wisconsin Statutes
and as set forth in this section. A temporary Class "B" fermented
malt beverage license or temporary "Class B" wine license authorizing
the sale and consumption of beer and/or wine on Village-owned property
or privately owned property may be authorized by the Village Board
provided the following requirements are met:
A. Compliance with eligibility standards. The organization shall meet the eligibility requirements of a bona fide club, association, lodge or society as set forth in § 125.26(6), Wis. Stats., and shall fully comply with the requirements of this section and §
100-1 of this Code. Members of an organization which is issued a temporary license for the event shall attend the Board meeting at which the application is considered to learn what rules and regulations apply and what the responsibilities of the bartenders and organization will be.
B. Posting of signs and licenses. All organizations issued
a temporary license shall post in a conspicuous location at the main
point of sale and at all remote points of sale a sufficient number
of signs stating that no fermented malt beverage shall be served to
any underage person without proper identification.
C. Fencing. If necessary due to the physical characteristics
of the site, the Village Board may require that organizations install
a double fence around the main point of sale to control ingress and
egress and continually station a licensed operator, security guard
or other competent person at the entrance for the purpose of checking
age identification. Where possible, there shall be only one point
of ingress and egress. When required, the double fence shall be a
minimum of four feet high and a minimum of six feet between fences.
D. Underage persons prohibited. No underage persons as
defined by the Wisconsin Statutes shall be allowed to assist in the
sale of fermented malt beverages or wine at any point of sale, nor
shall they be allowed to loiter or linger in the area of any point
of sale.
E. Licensed operators requirement. A licensed operator
shall be stationed at all points of sales at all times.
F. Waiver. The Village Board may waive or modify the
requirements of this section due to the physical characteristics of
the licensed site.
G. Insurance. The applicant for a temporary fermented
malt beverage or wine license may be required to indemnify, defend
and hold the Village and its employees and agents harmless against
all claims, death of any person or any damage to property caused by
or resulting from the activities for which the permit is granted.
As evidence of the applicant's ability to perform the conditions of
the license, the applicant may be required to furnish a certificate
of comprehensive general liability insurance with the Village of Orfordville.
The applicant may be required to furnish a performance bond prior
to being granted the license.
The presence of underage persons on a licensed
premises as provided under § 125.07(3)(a)10, Wis. Stats.,
shall be subject to the following:
A. The licensee or agent of a corporate licensee shall
notify the Village office at least 48 hours in advance of the date
of any event at which underage persons will be present on the licensed
premises. Each such nonalcohol event notice shall specify the date(s)
on which the event is to occur and the time(s) of commencement. All
notices shall be filed with the Village office during normal working
hours (8:00 a.m. to 5:00 p.m., Monday through Friday) and shall be
given on forms prescribed by the Village. After a nonalcohol event
notice has been given, the licensee may cancel an event(s) only by
giving like notice to the Village in accordance with the provisions
of this subsection. Regardless of the date given, all notices shall
expire and be deemed canceled no later than the date of expiration
or revocation of the applicable retail Class "B" or "Class B" license.
B. During the period of any nonalcohol event, a notice
card prescribed by the Village office shall be posted at all public
entrances to the licensed premises notifying the general public that
no alcohol beverages may be consumed, sold or given away on or carried
into the licensed premises during the event. Such notice cards shall
be made available by the Village to a requesting licensee.
C. Once a nonalcohol event has commenced, no alcohol
beverages may be consumed, sold or given away on or carried into the
licensed premises until the next day following the closing hours of
the licensed premises.
D. During the period of any nonalcohol event, all alcohol
beverages shall be stored in a locked portion of the licensed premises
in a secure place out of the sight and physical reach of any patron
present and shall be under the direct and immediate control and supervision
of the licensee or a licensed bartender in the employ of the licensee.
All beer taps and automatic dispensers of alcohol beverages ("speed
guns") shall be either disconnected, disabled or made inoperable.