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 Part
1 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 Part
1. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made a part of this Part
1 in order to secure uniform statewide regulation of alcohol beverage control.
As used in this Part
1, the terms "alcoholic beverages," "intoxicating liquors," "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 Part
1 nor without complying with all the provisions of this Part
1 and all statutes and regulations applicable thereto, except as provided by §§ 125.16, 125.27, 125.28 and 125.51, Wis. Stats.
[Amended 7-13-1998 by Ord. No. 15-98; 3-25-2002 by Ord. No. 6-02; 1-12-2004 by Ord. No. 3-04]
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 set by the Village
Board, shall permit the holder to sell, deal or traffic in intoxicating
liquors or fermented malt beverages as provided in Ch. 125, Wis. Stats.:
[Amended 3-8-2010 by Ord. No. 2-10]
(1) Retail "Class A" intoxicating liquor license.
(2) Retail "Class B" intoxicating liquor license.
(3) Class "A" fermented malt beverage retailer's license.
(4) Class "B" fermented malt beverage retailer's license.
Class "B" fermented malt beverage retailer's license for brewers shall
be pursuant to §§ 125.31(1)(a) and 125.06(1), Wis. Stats.
(5) Special Class "B" fermented malt beverage picnic license.
(7) Reserve "Class B" liquor license.
B. Publication fee. A publication fee in the amount of
the actual fee incurred by the Village for publication of the statutory
notice shall be added to the license fees set by the Village Board.
[Amended 1-12-2004 by Ord. No. 3-04; 3-8-2010 by Ord. No.
2-10; 7-9-2012 by Ord. No. 17-12]
A. The Village Board may issue those licenses identified in §
162-4 hereof. The Village Clerk may also issue temporary Class "B" beer and temporary "Class B" wine licenses, provisional operators’ licenses and all soda licenses.
B. Department
notification. By July 15 annually, the Village Clerk shall mail to
the Department a list containing the name, address and trade name
of each person holding a license issued by the Village, other than
a manager’s or operator’s license or a temporary Class
"B" license, the type of license held and, if the person holding the
license is a corporation or limited liability company, the name of
the agent appointed under § 125.04(6), Wis. Stats.
[Amended 1-12-2004 by Ord. No. 3-04; 3-8-2010 by Ord. No. 2-10]
A. In accordance with the provisions of § 125.04(12),
Wis. Stats., a license shall be transferable from one premises to
another if such transfer is first approved by the Village Board. An
application for transfer shall be made on a form furnished by the
Village Clerk. Proceedings for such transfer shall be had in the same
form and manner as the original application. The fee for such transfer
shall be set by the Village Board. Whenever a license is transferred,
the Village Clerk shall forthwith notify the Wisconsin Department
of Revenue of such transfer. In the event of the sale of a business
or business premises of the licensee, the purchaser of such business
or business premises must apply to the Village for reissuance of said
license, and the Village, as the licensing authority, shall in no
way be bound to reissue said license to said subsequent purchaser.
B. Whenever the agent of a corporate holder of a license
is for any reason replaced, the licensee shall give the Village Clerk
written notice of said replacement, the reasons therefor and the new
appointment. Until the next regular meeting or special meeting of
the Village Board, the successor agent shall have the authority to
perform the functions and be charged with the duties of the original
agent. However, said license shall cease to be in effect upon receipt
by the Village Clerk of notice of disapproval of the successor agent
by the Wisconsin Department of Revenue or other peace officer of the
municipality in which the license was issued. The corporation's license
shall not be in force after receipt of such notice or after a regular
or special meeting of the Village Board until the successor agent
or another qualified agent is appointed and approved by the Village
and the Wisconsin Department of Revenue.
[Amended 1-12-2004 by Ord. No. 3-04; 3-8-2010 by Ord. No. 2-10]
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 shall affix his or her affidavit
to the license.
All retail Class "A" and "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" licenses
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 alcoholic 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" 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" 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 licenses issued under this Part 1. No
Class "B" license shall be issued unless the premises to be licensed
conform to such rules and regulations.
F. Restrictions near schools and churches. No retail
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. No gambling or game of chance
of any sort shall be permitted in any form upon any premises licensed
under this Part 1 or the laws of the State of Wisconsin.
I. Credit prohibited. No retail Class A or Class B liquor
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, ware, merchandise or other articles
in exchange for alcohol beverages.
J. Licensee or permittee responsible for acts of help.
A violation of this Part 1 by a duly authorized agent or employee
of a licensee or permittee under this Part 1 shall constitute a violation
by the licensee or permittee. Whenever any licensee or permittee under
this Part 1 shall violate any portion of this Part 1, proceedings
for the suspension or revocation of the license or permit of the holder
thereof may be instituted in the manner prescribed in this Part 1.
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.
L. Closing hours, Class "A" and "Class A" premises. A
premises for which a Class "A" license has been issued may remain
open for the conduct of its regular business but may not sell fermented
malt beverages between the hours of 12:00 midnight and 6:00 a.m. A
premises for which a "Class A" license has been issued may remain
open for the conduct of its regular business but may not sell intoxicating
liquor between the hours of 9:00 p.m. and 6:00 a.m.
[Added 3-2-1992 by Ord. No. 4-92; amended 9-12-2016 by Ord. No.
14-16]
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 Clerk 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 Clerk during normal working hours Monday through
Friday. 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" license.
[Amended 3-8-2010 by Ord. No. 2-10]
B. During the period of any nonalcohol event, a notice
card prescribed by the Village 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.
[Added 8-9-2004 by Ord. No. 27-04]
Notwithstanding anything to the contrary in Chapter
162 of the Code of the Village of Belgium, it shall be prohibited in a sexually oriented business, as defined in §
228-2 of this Code, to serve, sell, use, provide or consume any intoxicating liquor, cereal malt beverage or any other alcoholic beverage.