The provisions of Ch. 125, Wis. Stats., defining
and regulating the sale, procurement, dispensing and transfer of beverages,
including provisions relating to the penalty to be imposed or the
punishment for violation of such statutes, are adopted and made a
part of this chapter by reference. A violation of any of such provisions
shall constitute a violation of this chapter.
[Amended 1-12-1999 by Ord. No. 99-01]
The following classes and denominations of licenses
may be issued by the Village Clerk under the authority of the Village
Board after payment of the specified fee, which, when so issued, shall
permit the holder to sell, deal or traffic in alcohol beverages as
provided in §§ 125.17, 125.25, 125.26, 125.28 and 125.51,
Wis. Stats. License fees shall be set from time to time by the Village
Board. Except as otherwise provided in this section, the full
license fee shall be charged for the whole or fraction of any year.
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) Six months. A license may be issued at any time for
six months in any calendar year, for which 3/4 of the applicable license
fee shall be paid, but such license shall not be renewable during
the calendar year in which issued.
C. Wholesaler's fermented malt beverage license. See
§ 125.58, Wis. Stats.
D. Retail Class A liquor license. See § 125.51(2),
Wis. Stats.
E. Retail Class B liquor license. A retail Class B liquor
license shall permit its holder to sell liquor in original packages
or containers in multiples not to exceed one gallon at any one time
to be consumed off the licensed premises. Wine may be sold in original
packages or otherwise in any quantity to be consumed off the premises.
See § 125.51(3), Wis. Stats.
(1) A license may be issued after July 1 in any license
year. The license shall expire on the following June 30. The fee for
the license shall be prorated according to the number of months or
fraction thereof remaining until the following June 30.
(2) Licenses valid for six months may be issued at any
time. The fee for the license shall be 50% of the annual license fee.
The license may not be renewed during the calendar year in which issued.
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 of forms provided by the Clerk.
(3) Operators' licenses shall be valid for one or two
years and shall expire June 30 of each year or on June 30 of the second
year after issuance.
G. Provisional license.
(1) Designated official. The Village Administrator is
designated as the municipal official having the authority to issue
a provisional license.
(2) Procedures. The following procedures will be used:
(a)
The applicant shall submit an operator's (bartender's)
written license application and pay the fee for a provisional license.
(b)
The applicant will be advised, in writing, that
he or she needs to complete the beverage server's training course
within 60 days, unless the applicant fulfills one of the following
requirements:
[1]
The person is renewing an operator's license.
[2]
Within the past two years the person held a
Class "A," Class "B," "Class A" or "Class B" license or permit or
a manager's or operator's license.
[3]
Within the past two years the person has completed
a beverage server's training course.
(c)
The application will be submitted to the Police
Department before a license is issued. The Chief of Police will, within
48 hours, excluding holidays and weekends, advise the Village Administrator
regarding the issuance of the provisional license.
(d)
The applicant may be issued a provisional (temporary)
license for 60 days.
(e)
Following completion of the beverage server's
training course and notification from the school, the license application,
the Police Chief's recommendation and the fee shall be presented to
the Village Board for the issuance of a regular operator's license.
(f)
A provisional license may not be issued to any
person who has previously been denied an operator's permit, had an
operator's permit revoked or had a provisional (temporary) permit
within the previous twelve-month period.
(g)
After approval by the Village Board, the operator's
license shall expire on June 30 of each year.
H. Retail Class C wine license. A Class C license authorizes
the retail sale of wine by the glass or in an opened original container
for consumption on the premises where sold. See § 125.51(3m),
Wis. Stats.
[Added 12-10-2002 by Ord. No. 02-19]
I. Temporary
Class B retailer’s licenses.
[Added 7-14-2009 by Ord. No. 09-07]
(1) A temporary
Class "B" retailer's license authorizes the sale of beer to consumers
at a picnic or similar gathering of limited duration. Such licenses
may only be issued to bona fide clubs, lodges, societies, and churches
which have been in existence for at least six months, or to veterans’
organizations and fair associations. See § 125.26(6), Wis.
Stats.
(2) A temporary
"Class B" retailer’s license authorizes the sale of wine to
consumers at a picnic or similar gathering of limited duration. Such
licenses may only be issued to bona fide clubs, lodges, societies,
and churches which have been in existence for at least six months,
or to veterans’ organizations and fair associations. Not more
than two temporary "Class B" wine licenses may be issued to any applicant
in any twelve-month period. See § 125.51(10), Wis. Stats.
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 Village Clerk shall
cause the Village Seal to be affixed thereto.
Every license or permit required under this
chapter shall be framed and posted and at all times displayed as provided
in W.S.A. s. 125.04(10). 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
chapter is refused, the licensee shall be given written notice of
any charges or violations 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 chapter by an authorized
agent or employee of a licensee shall constitute a violation by the
licensee.
[Added 4-14-2009 by Ord. No. 09-03]
In the event that any person who has been licensed under Ch.
125, Wis. Stats., and the ordinances of the Village to sell alcoholic
beverages shall abandon his or her or its licensed premises, the act
of abandonment shall constitute grounds for revocation or nonrenewal
of the license in question in accord with this chapter and Ch. 125,
Wis. Stats. This section is adopted pursuant to the authority vested
in the Village Board under § 125.10(1), Wis. Stats. For purposes
of this section, abandonment of licensed premises shall be defined
as being the failure or refusal of the licensee to exercise the privileges
granted under the license in question for the purposes thereof for
a period of 90 days in succession. In addition to general grounds,
the loss of the right to make use of the licensed premises for purposes
of the license, such as may result from the expiration or revocation
of a lease or the sale by the licensee or other owner of the licensed
premises to a third party, shall constitute abandonment upon the passage
of the stated period of time.
Except as otherwise provided, any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in §
1-19 of this Code.