Terms used in this chapter shall have the meanings
set forth in § 125.02, Wis. Stats., which is incorporated
herein by reference, including the following:
FERMENTED MALT BEVERAGE
Any beverage made by the alcoholic fermentation of any 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.
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 shall not include fermented malt beverages
as herein defined.
WINE
Products obtained from the normal alcohol fermentation of
the juice or must of sound, ripe grapes, other fruits or other agriculture
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.
No person shall sell or offer for sale within
the Village any alcohol beverage, fermented or unfermented, or any
liquid capable of being used for alcohol beverage purposes, without
first obtaining one of the following licenses:
A. Class "A" license. A Class "A" retailer's license,
when issued by the Village Clerk-Treasurer under authority of the
Village Board, shall entitle the holder thereof to possess, sell or
offer for sale fermented malt beverages only for consumption away
from the premises where sold and in original packages, containers
or bottles.
B. Retail "Class A" license. A retail "Class A" license
shall permit its holder to sell, deal and traffic in intoxicating
liquors only in original packages or containers, in quantities of
not more than three wine gallons at any one time, to be consumed off
the premises so licensed, except that wine may be sold in the original
package or otherwise in any quantity.
C. Class "B" license. A Class "B" retailer's license,
when issued by the Village Clerk-Treasurer under authority of the
Village Board, shall entitle the holder thereof to possess, sell or
offer for sale fermented malt beverages and nonintoxicating beverages.
D. Retail "Class B" license. The Village of Black Earth
shall be governed by the provisions of § 125.51(3)(b), Wis.
Stats. Pursuant thereto, a retail "Class B" license shall permit its
holder to sell, deal and traffic in intoxicating liquors to be consumed
by the glass on the premises so licensed, or off the premises if the
licensee seals the container of intoxicating liquor with a tamper-evident
seal before the intoxicating liquor is removed from the premises.
The "Class B" license also authorizes the sale of intoxicating liquor
in the original package or container, in multiples not to exceed four
liters at any one time, to be consumed off the premises so licensed,
except that wine may be sold in the original package or otherwise
in any quantity to be consumed off the premises.
[Amended 7-7-2021 by Ord. No. 2021-07-01]
E. Operator's license. An operator's license is issued for the purposes of complying with §
167-4 of this chapter and §§ 125.32(2), 125.68(2) and 125.17, Wis. Stats. Any operator's license shall be issued for two years, to expire on June 30 of even years, and shall not be transferable. The fee for such operator's license, including provisional license and temporary license, shall be $40. Licenses issued in the interim will expire in the even year and are issued at the rate of $40. Said license shall be subject to revocation upon conviction of the operator, or any person employed in the premises in which he operates while he is on duty, of a violation of any provision of this chapter.
[Amended 12-2-2003 by Ord. No. 03-O-14]
F. Provisional operator's license. Any applicant for
a new or renewal operator's license who meets all licensing qualifications
and standards in § 125.04(5), Wis. Stats., and any guidelines
relating to disqualification established by the Village Board and
whose application for an operator's license has not been disapproved
by the Village Board shall, upon request and payment of the required
fee, be issued a provisional operator's license by the Village Clerk-Treasurer.
A provisional operator's license shall expire 60 days after issuance
or upon issuance of a regular operator's license, whichever is sooner,
unless sooner revoked by the Clerk-Treasurer for false statement in
the application.
G. Temporary operator's license. A person employed by or donating his services to nonprofit corporations who meets the requirements for a regular operator's license under Subsection
E may be issued a temporary operator's license valid for one to 14 days as specifically stated on the license. No person may hold more than one temporary operator's license in one year.
H. Pharmacist's license. A pharmacist's license shall
permit the holder to sell intoxicating liquors in quantities of less
than four liters for medicinal, mechanical or scientific purposes
only, and not to be drunk on the premises.
I. Picnic (temporary) Class "B" license. Such license
may be issued to bona fide clubs, fair associations or agricultural
societies, churches, lodges or societies that have been in existence
for at least six months before the date of application, or ex-servicemen's
organization or other groups, authorizing them to sell fermented malt
beverages and wine containing not more than 6% alcohol by volume at
a particular picnic or similar gathering, or at a meeting of any such
post, or during a fair conducted by such fair association or agricultural
society.
J. Wholesaler's license. A wholesaler's license, when
issued by the Village Clerk-Treasurer under authority of the Village
Board to a domestic corporation or to persons of good moral character
who have been residents of the state for not less than one year prior
to the date of filing application therefor, shall entitle the holder
thereof to possess, sell and offer for sale fermented malt beverages
and nonintoxicating liquors for sale to another dealer.
Any license granted under the provisions of
this chapter may be suspended or revoked for the violation of any
of the rules, regulations, ordinances or laws governing or applicable
to said license, in accordance with the procedures established under
§ 125.12(1) and (2), Wis. Stats.
[Amended 7-6-1994 by Ord. No. 94-O-1; 7-6-2004 by Ord. No. 04-O-8]
The restrictions set forth in Chapter
202, Article
IV, Offenses Involving Alcohol Beverages, of the Village Code and §§ 125.07 through 125.09, Wis. Stats., shall apply to persons holding licenses under this chapter.
It shall be unlawful to permit slot machines
or other gambling devices upon any premises for which a license shall
have been issued hereunder.
No licensee, permittee or operator shall permit
any patron to leave a licensed premises with an open container containing
any alcohol beverage.
[Amended 7-6-1994 by Ord. No. 94-O-1]
A. Except as provided in Subsection
B, any person, firm or corporation violating any of the provisions of this chapter, except §
167-6, shall, upon conviction thereof, pay a forfeiture of not less than $25 nor more than $500, together with the costs of prosecution, and in default of payment thereof may be imprisoned in the county jail, not to exceed 90 days. Each day in which a violation occurs or continues shall constitute a separate offense.
B. Persons convicted of failure to obtain a required license under §
167-2 of this chapter shall forfeit not less than $100 nor more than $1,000, together with costs of prosecution and applicable fees and assessments.