[Adopted 11-5-1990 as §§ 12.03 and 12.10
of the 1990 Code]
The provisions of Ch. 125, Wis. Stats., defining
and regulating the sale, procurement, dispensing, transfer and consumption
of alcohol beverages, including provisions relating to underage persons,
are adopted and made a part of this article by reference. A violation
of any of such provisions shall constitute a violation of this article.
[Amended 8-21-1991]
There shall be the following classes and denominations
of licenses which, when issued by the Clerk-Treasurer under the authority
of the Village Board, shall authorize the licensee to sell, deal or
traffic in intoxicating liquor or fermented malt beverages as provided
in the referenced state statute. Fees for "Class A," "Class B," Class
"A" and Class "B" licenses shall be prorated as required by Ch. 125,
Wis. Stats.
A. Class "A" fermented malt beverage retailer's license.
See § 125.25, Wis. Stats.
B. Class "B" fermented malt beverage retailer's license.
See § 125.26, Wis. Stats.
(1) Issuance for six months. A Class "B" license may be
issued at any time for six months in any calendar year for 50% of
the applicable license fee. Such license shall not be renewable during
the calendar year in which issued. See § 125.26(5), Wis.
Stats.
(2) Picnic. See § 125.26(6), Wis. Stats.
(3) Club. See § 125.26(6), Wis. Stats.
C. Wholesaler's fermented malt beverage license. See
§ 125.28, Wis. Stats.
D. Retail "Class A" liquor license. See § 125.51(2),
Wis. Stats.
E. Retail "Class B" liquor license.
(1) A retail "Class B" liquor license shall permit its
holder to sell liquor in original packages or containers in multiples
not to exceed four liters at any one time to be consumed off the licensed
premises. See § 125.51(3), Wis. Stats.
(2) A license may be issued after July 1 in any license
year which shall expire on the following June 30. The fee for the
license shall be prorated according to the number of months or fractions
of months remaining until the following June 30.
F. Operator's license. See § 125.17, Wis. Stats.
(1) Operators' licenses may be granted to individuals
by the Village Board for the purposes of complying with §§ 125.32(2)
and 125.68(2), Wis. Stats.
(2) Operators' licenses may be issued only on written
application on forms provided by the Clerk-Treasurer.
(3) Provisional operators' licenses may be granted to
individuals by the Village Clerk-Treasurer, pursuant to § 125.17(5),
Wis. Stats., to persons who have applied for an operator's license,
provided that the applicant signs a statement that the applicant intends
to enroll in the next available locally offered responsible beverage
server training course. The fee for a provisional operator's license
issued pursuant to this article shall be as set by the Village Board.
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 Clerk-Treasurer shall
affix the Village Seal to the license.
Every license or permit required under this
article shall be framed and posted and at all times displayed as provided
in § 125.04(10), Wis. Stats. No person shall post such license
or permit any other person to post it upon premises other than those
mentioned in the application, or knowingly deface or destroy such
license.
Before renewal of any license issued under this
article is refused, the licensee shall be given written notice of
any charges or violations against him or the reasons proposed for
nonrenewal and a copy of any proposed motion for nonrenewal and shall
have an opportunity to be heard before the Village Board.
A violation of this article by an authorized
agent or employee of a licensee shall constitute a violation by the
licensee.
Except as otherwise provided, in addition to the revocation, suspension or nonrenewal of any license or permit issued under this article, any person found to be in violation of any provision of this article shall be subject to a penalty as provided in Chapter
1, §
1-4, of this Code. This section shall not preclude the Village from maintaining any appropriate action to prevent or remove a violation of this article.
[Adopted 11-5-1990 as §§ 9.16 and 9.20 of
the 1990 Code; amended in its entirety at time of adoption of Code
(see Ch. 1, General Provisions, Art. II)]
No person shall consume any intoxicating beverages
or be in possession of any open container containing intoxicating
beverages upon any public street or highway, sidewalk, way, alley,
beach, parking area, or private property held out to public use within
the Village, except on licensed premises or on private property with
the owner's consent.
No person shall consume or possess any intoxicating
beverages in Ferguson Park.
No licensee, permittee or operator shall be
open and serving to patrons consuming intoxicating beverages after
the legal closing hours set by Wisconsin state statute.
Sections
180-15 and
180-17 shall not apply during the time periods when the adjacent public street or highway is closed by Village Board action to vehicular traffic.
A. There shall be no selling of intoxicating beverages
on the closed street or highway, except on licensed premises.
B. Patrons leaving a licensed premises shall remain on
the closed street or highway with an open container containing intoxicating
beverages.
C. The consumption of intoxicating beverages shall not
be permitted on private property without the owner's consent. However,
consumption on private property held out for public use adjoining
the closed streets and highways shall be permitted.
D. No consumption of intoxicating beverages shall be
permitted on that portion of the Village beach owned by Faith Lutheran
Church of Balsam Lake.
Except as otherwise provided, any person who shall violate any provision of this article shall be subject to a penalty as provided in Chapter
1, §
1-4, of this Code.