[HISTORY: Adopted by the Village Board of
the Village of Johnson Creek as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-1-1994 by Ord. No. 12-94
as § 31.01 of the 1994 Code]
The provisions of Ch. 125, Wis. Stats., relating
to the sale of intoxicating liquors and fermented malt beverages,
exclusive of any provisions thereof relating to the penalty to be
imposed or the punishment for violation of such statutes, are hereby
adopted by reference and made a part of this article.
A.
When required. No person, except as provided by § 150-1 of this article, shall distribute, vend, sell, offer or keep for sale at retail or wholesale, deal or traffic in or, for the purpose of evading any law or ordinance, give away any intoxicating liquor or fermented malt beverage or cause the same to be done without having procured a license or permit as provided in this article, nor without complying with all the provisions of this article and all statutes, ordinances and regulations of the state and Village applicable thereto.
B.
Licenses issued in violation of this Code. No license
or permit may be issued to any person, except as provided by this
Code, the Wisconsin Statutes or any regulation adopted by the state
or the Village. Any license or permit issued in violation of such
ordinances, statutes or regulations shall be void.
C.
Separate license fees required for each place of sale.
A separate license fee shall be required for each stand, place, room
or enclosure or for each suite of rooms or enclosures which are in
direct connection or communication where intoxicating liquor or fermented
malt beverages are kept, sold or offered for sale, and no license
shall be issued to any person for the purpose of possessing, selling
or offering for sale any intoxicating liquor or fermented malt beverage
in any dwelling house, flat or residential apartment.
D.
License issuance. Licenses under this article shall
be issued by the Village pursuant to Ch. 125, Wis. Stats.
[Amended 7-8-2003 by Ord. No. 20-03]
E.
License fees. There shall be the following classes and denominations of licenses which, when issued by the Clerk-Treasurer under the authority of the Village Board following payment of the fee as provided in Chapter 33, Fees, shall permit the holder to sell, deal or traffic in intoxicating liquor or fermented malt beverages as provided in Ch. 125, Wis. Stats.:
[Amended 4-18-1995 by Ord. No. 3-95]
(1)
Retail "Class A" liquor license.
(2)
Retail Class "A" fermented malt beverage license.
(3)
Retail "Class B" liquor license. A semiannual or fractional
license shall be issued under § 125.51(9), Wis. Stats.
(4)
Retail Class "B" fermented malt beverage license.
(5)
Retail Class "B" combination liquor and fermented
malt beverage license.
(6)
The Village Clerk-Treasurer is authorized to issue Class B fermented malt beverage, liquor or combination licenses to restaurants and/or hotels under the quota exception pursuant to Ch. 125 Wis. Stats. Such licenses will be subject to an initial issuance fee as provided in Chapter 33, Fees.
[Added 5-10-2004 by Ord. No. 09-04[1]]
(7)
Retail Class "B" fermented malt beverage license and/or
picnic wine (picnic/meeting).
(8)
Temporary Class "B" and "Class B" licenses. The Village Clerk-Treasurer is authorized to issue temporary Class "B" and "Class B" licenses for the sale of fermented malt beverages or wine containing not more than 6% alcohol by volume to bona fide clubs; county or local fair associations or agricultural societies; churches, lodges or societies that have been in existence for at least six months before the date of application; and posts of veterans' organizations. The fee for such license shall be as provided in Chapter 33, Fees. The provisions of §§ 125.26 and 125.51, Wis. Stats., as well as any amendments thereto adopted subsequent to the enactment of this subsection, are incorporated herein by reference and shall govern the issuance of such license.
(9)
Wholesaler's license.
(10)
Operator's license.
(11)
"Class C" wine license. A "Class C" license authorizes
retail sale of wine by the glass or in an open original container
for consumption on the premises where sold.
(12)
License to sell cider.
[Added 5-23-2016 by Ord.
No. 8-16]
(a)
In this subsection, "cider" means any alcohol beverage that is obtained
from the fermentation of the juice of apples or pears and that contains
not less than 0.5% alcohol by volume and not more than 7.0% alcohol
by volume. "Cider" includes flavored, sparkling, and carbonated cider.
Any applicant requesting issuance of a Class "A" license may also
apply for issuance of a "Class A" license authorizing the sale of
cider on the premises described in the Class "A" license if all of
the following apply:
[1]
The application is made for a "Class A" license containing the condition
that retail sales of intoxicating liquor are limited to cider.
[2]
The applicant holds a Class "A" license issued in accordance with
the provisions of this Code and § 125.25, Wis. Stats., for
the same premises for which the "Class A" license application is made.
(b)
There shall be no annual fee required for issuance of a "Class A"
license under this subsection. Notwithstanding anything contained
in this Code, or in Chapter 125[2] to the contrary, a person issued a "Class A" license under
this subsection may not make retail sales, or provide taste samples,
of any intoxicating liquor other than cider.
[2]
Editor’s Note: See Ch. 125, Wis. Stats.
[Amended 7-8-2003 by Ord. No. 20-03]
No person shall distribute, vend, sell or offer
for sale any fermented malt beverage, wine or intoxicating liquor
on any premises operated under a Class A, B or C license unless such
person has first obtained an operator's license from the Village.
A.
The above notwithstanding, an operator's license shall
not be required for the following persons:
(1)
Any person distributing, vending, selling or offering
for sale any fermented malt beverage or intoxicating liquor on premises
operated under a Class A, B or C license shall be exempt from this
requirement, provided that the licensee or a person having an operator's
license supervises and is responsible for any nonlicensed operators
on the premises at all times.
(2)
Any member of the licensee's immediate family 18 years
of age or older shall be considered as holding an operator's license.
B.
Provisional operator's license. A provisional operator's license may be issued under Ch. 125, Wis. Stats., by the Village Clerk-Treasurer to a person of good moral character who is 18 years of age or older and has been a resident of the state continuously for at least one year prior to the date of applying for such license. All applications for provisional licenses shall be examined and approved by the Police Chief prior to issuance by the Village Clerk-Treasurer. Provisional licenses shall be subject to Ch. 125, Wis. Stats. The Clerk-Treasurer shall collect a fee as provided in Chapter 33, Fees, at the time of issuance of any provisional license. A provisional license issued under this subsection shall be valid for not more than 60 days from the date of issuance. No provisional license shall be issued unless application has been made for issuance of a regular operator's license.
C.
Temporary operator's licenses. A temporary operator's license may be issued under § 125.17(4), Wis. Stats., by the Clerk-Treasurer to a person of good moral character who is 18 years of age or older and has been a resident of the state continuously for at least one year prior to applying for such license. Applications for such license shall be examined and approved by the Police Department prior to issuance by the Clerk-Treasurer. Temporary licenses shall be subject to Ch. 125, Wis. Stats. The Clerk-Treasurer shall collect a fee as provided in Chapter 33, Fees, at the time of issuance of any temporary license. A temporary license issued under this subsection shall be valid for no more than 14 days from the date of issuance and shall be issued only to operators employed by or donating their services to nonprofit corporations. No person shall hold more than one temporary license per year.
No license or permit shall be issued to any
person who is not of such age as is required by the Wisconsin Statutes
and of good moral character. No license shall be issued to any person
who has been a habitual petty law offender or convicted of a crime
under the laws of this state punishable by imprisonment in the state
prison, unless such person has been pardoned. This section shall not
apply to Wisconsin corporations but shall apply to all officers and
directors of any such corporation.
[Amended 4-27-2020 by Ord. No. 05-20]
A.
All operators'
licenses issued under this article shall be for a term not exceeding
two years and, unless otherwise expressly indicated to the contrary,
shall expire on June 30 next following issuance of the license. An
operator's license may then be validated for use during the second
license year only if returned to the office of the Village Clerk-Treasurer,
together with payment by the applicant of the second year's fee, no
sooner than May 1 but no later than June 30 next following the date
of issuance. Original licenses shall be issued in even years and validations
given in odd years.
B.
Village
Board approval of operator's licenses under this article shall not
be required; provided, however, the Village Clerk in the Clerk's discretion
may refer any application to the Village Board for review and approval.
Application for any license or permit authorized
by this article shall be made to the Village Clerk-Treasurer on forms
provided by the Village Clerk-Treasurer. All fees required for issuance
of the license shall be submitted to the Village Clerk-Treasurer at
the time of application for the permit or license.
In addition to the requirements imposed by the
provisions of Ch. 125, Wis. Stats., adopted by reference herein, the
following restrictions shall apply to the issuance of licenses and
permits under this article:
A.
Inspection of application and premises. The Village
Clerk-Treasurer shall notify the Health Officer, Police Chief and
Building Inspector of all license applications and these officials
shall inspect or cause to be inspected each application and 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
article shall be issued without the approval of a majority of the
Village Board, and no license shall be renewed without a reinspection
of the premises and report as herein required. In the event an official
of a department of the State of Wisconsin has inspected a premises
and certified its compliance within four months, the local officials
can waive their inspection.
B.
Health and sanitation. No license shall be issued
for any premises which do not conform to the sanitary, safety and
health requirements of the State Department of Health and Family Services,
including those governing sanitation in restaurants, and the State
Department of Commerce and to all such ordinances and regulations
adopted by the Village.
C.
Obligations owed the Village. No license shall be issued for operation of any premises upon which there is an obligation owed the Village or other financial claims, as set forth in § 15-19 of this Code, remain delinquent or are unpaid.
[Amended 4-25-2011 by Ord. No. 07-11]
D.
Location of premises. No Class A, B or C license shall be issued for newly licensed premises (those premises not licensed at the time of the original enactment of these regulations) less than 300 feet from any established public or parochial school, hospital, or church or any residential district as defined or to be defined in Chapter 250, Zoning, of this Code. Such distances shall be measured via the shortest route along the highway from the main entrance of such school, church, or hospital or the closest distance to the main entrance of such premises.
[Amended 7-8-2003 by Ord. No. 20-03]
E.
Inspection of premises. It shall be a condition of
any license issued hereunder that the licensed premises may be entered
and inspected at any reasonable hour by any police officer of the
Village without any warrant, and the application for a license hereunder
shall be deemed a consent to this provision. Any refusal to permit
such inspection shall automatically operate as a revocation of any
license issued hereunder and shall be deemed a violation of this article.
F.
Posting of licenses. Licenses or permits issued under
this article shall be posted and displayed. Any licensee or permittee
who shall fail to post his license or permit as required herein shall
be presumed to be operating without the necessary license or permit.
G.
Revocation and suspension of licenses. Revocation
or suspension of any license or permit issued under the provision
of this article shall be governed by the procedure set forth in § 125.12,
Wis. Stats. Whenever any license or permit under this article shall
be revoked or suspended by the Village Board, the Village President,
the Police Chief, or by action of any court, it shall be the duty
of the Clerk-Treasurer to notify the licensee or permittee of any
suspension or revocation and notify the Police Chief to take physical
possession of the license or permit wherever it may be found and surrender
the same to the office of the Village Clerk-Treasurer.
A.
Restrictions on sale. No person shall procure for, sell, dispense or give away any fermented malt beverage, wine, or intoxicating liquor to an underage person not accompanied by his guardian or spouse who has attained the legal drinking age. A person who violates this subsection shall be subject to a forfeiture as provided in Chapter 60, Penalties.
[Amended 7-8-2003 by Ord. No. 20-03]
B.
Underage persons. No underage person shall:
(1)
Procure or attempt to procure alcohol beverages.
(2)
Knowingly possess or consume alcohol beverages.
[Amended 7-8-2003 by Ord. No. 20-03]
(3)
Enter or remain in any licensed premises, except when
accompanied by his parent, guardian or spouse who has attained the
legal drinking age.
(4)
Falsely represent his age for the purpose of receiving
alcohol beverages from a licensee or permittee. Any underage person
who violates this subsection shall be subject to the penalty provisions
in § 125.07(4)(c), Wis. Stats.
If a person holding a license issued under § 150-2E fails to keep the licensed premises open to the public for 60 consecutive days or more per license year, his license may be revoked by the Village Board after public hearing following the procedure for revocation in Ch. 125, Wis. Stats. If the licensee demonstrates to the satisfaction of the Village Board that, due to nonrecurring undue hardship or unusual circumstances beyond his control, he could not make use of the license for the minimum time prescribed by this section, the Board may grant an exemption under such circumstances and conditions as may be determined by the Board to be reasonable.
Except as otherwise provided, any person found in violation of any provision of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 60-1 of this Code. No penalty imposed shall exceed the maximum allowed for violation of any provision of Ch. 125, Wis. Stats., incorporated herein by reference. A separate offense shall be deemed committed on each day on which a violation occurs or continues.
[Adopted 12-1-1994 by Ord. No. 12-94
as §§ 41.06 and 41.15 of the 1994 Code]
A.
It shall be unlawful for any person to drink, consume,
transport, carry or possess any intoxicating liquor, wine or fermented
malt beverage, except in the original package and with the seal unbroken,
either in or out of a vehicle in any of the following places:
(1)
Any Village-owned or Village-controlled parking lot.
(2)
Any public street, highway, alley, sidewalk or other
similar place within the Village of Johnson Creek.
(3)
Any privately owned parking lot, driveway or lot used
for vehicular traffic without the express or implied permission of
the owner of said parking lot, driveway or lot.
(4)
Any grounds under the control of the Johnson Creek
School District and the grounds of any privately owned and operated
school, church, hospital, or other institution frequented by the public,
unless expressly authorized by the owner thereof.
B.
The holder of a Class "B" fermented malt beverage
or "Class B" intoxicating liquor license shall make every reasonable
effort to discourage his patrons from taking fermented malt beverages
or intoxicating liquors or wine from the licensed premises when such
beverages are served for consumption on the premises.
C.
The Village Board of the Village of Johnson Creek may permit the consumption or possession of fermented malt beverages, wine or intoxicating liquors in specifically authorized public places or at any event for which a temporary picnic license has been issued pursuant to Article I of this chapter.
Except as other provided, any person who shall violate any provision of this article or any order, rule or regulation made hereunder shall be subject to the penalties as provided in § 60-1 of this Code.
