[Amended by Ord. No. 479; Ord. No. 502; 11-4-1998 Ord. No. 523; 4-18-2000 by Ord. No. 549; 12-4-2001 by Ord. No. 577; 9-15-2009 by Ord. No. 699; 6-24-2014 by Ord. No. 748]
As used in this chapter, the following terms have the meanings indicated:
Fermented malt beverages and intoxicating liquor.
Any person who manufactures fermented malt beverages for sale or transportation.
An organization, whether incorporated or not, which is the owner, lessee or occupant of a building or portion thereof used exclusively for club purposes, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent or athletic purpose but not for pecuniary gain and which only sells alcohol beverages incidental to its operation.
The State Department of Revenue.
Any beverage made by the alcohol fermentation of an infusion in potable water of barley malt and hops, with or without unmalted grains or decorticated and degerminated grains or sugar containing 1/2 of 1% or more of alcohol by volume.
All places where accommodations are offered for pay to transients, in five or more rooms, and all places used in connection therewith provided with a restaurant. See § 254.61(3), Wis. Stats.
All ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing 1/2 of 1% or more of alcohol by volume, which are beverages, but does not include fermented malt beverages.
Twenty-one years of age.
An authorization to sell alcohol beverages issued by the Village Board or Administrator under this chapter. Licenses issued under this chapter are described as follows:
CLASS "A" FERMENTED MALT BEVERAGE LICENSEAuthorizes retail sales of fermented malt beverages in original packages, containers and bottles for consumption off the premises where sold. A license may be issued after July 1; such license shall expire on the following June 30.
CLASS "B" FERMENTED MALT BEVERAGE LICENSEAuthorizes retail sales of fermented malt beverages to be consumed either on the premises where sold or off the premises. A license may be issued after July 1; such license shall expire on the following June 30.
SIX-MONTH FERMENTED MALT BEVERAGE LICENSEA Class "B" license may be issued at any time for six months in any calendar year, for which 1/2 of the annual license fee shall be paid, but such license shall not be renewable during the calendar year in which issued.
TEMPORARY CLASS "B" BEERA fermented malt beverage license issued to bona fide clubs, county or local fair associations, agricultural societies, lodges or societies that have been in existence for not less than six months prior to the date of application, and to posts of veterans' organizations authorizing them to sell fermented malt beverages 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.
TEMPORARY "CLASS B" WINEA license issued to a bona fide club, county or local fair association, agricultural societies, lodges or societies that have been in existence for not less than six months prior to the date of application, and to posts of veterans' organizations authorizing them to sell wine containing not more than 6% alcohol by volume in an original package, container or bottle or by the glass if the wine is dispensed directly from an original package, container or bottle 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.
WHOLESALER'S FERMENTED MALT BEVERAGE LICENSEAuthorizes sales of fermented malt beverages, only in original packages or containers, to retailers or wholesalers, not to be consumed in or about the premises where sold.
RETAIL "CLASS A" INTOXICATING LIQUOR LICENSEAuthorizes the retail sale of intoxicating liquor in original packages, containers and bottles for consumption off the premises where sold.
RETAIL "CLASS B" INTOXICATING LIQUOR LICENSEAuthorizes retail sales of intoxicating liquor by the glass and not in the original package or container for consumption on the premises where sold or for consumption 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. In addition, wine may be sold in the original package or container in any quantity to be consumed off the premises where sold.
[Amended 6-8-2021 by Ord. No. 809]
RETAIL RESERVE "CLASS B" LICENSE
[Added 5-4-1999 by Ord. No. 530; amended 6-24-2014 by Ord. No. 748; 8-4-2020 by Ord. No. 802; 4-5-2023 by Ord. No. 828]
Those licenses available under the quota system existing before December 1, 1997, that were not granted or issued by the Village as of December 1, 1997. The number of retail reserve "Class B" licenses available to a municipality is determined by a series of calculations described in § 125.51(4)(a)1 and 4, Wis. Stats. The fee for an initial retail reserve "Class B" license, to be paid in addition to the regular Class "B" and "Class B" fee upon approval of a retail reserve "Class B" license, shall be as set by resolution of the Village Board.
In accordance with § 125.51(4)(u)3, Wis. Stats., the Village has designated a premier economic development district pursuant to § 205-50.1 of the Village Code. In addition to the number of licenses determined for the Village's quota under § 125.51(4)(b) to (d), Wis. Stats., the Village may issue up to two more additional Retail Reserve "Class B" licenses in connection with economic development projects within the premier economic development district. The fee for an initial additional Retail Reserve "Class B" license issued in connection with the premier economic development district, to be paid in addition to the regular Class "B" and "Class B" fee upon approval of an additional Retail Reserve "Class B" license, shall be as set by resolution of the Village Board.
"CLASS C" WINE LICENSEAuthorizes the sale of wine by the glass or in an opened original container for consumption on the premises where sold. Such licenses may only be issued for restaurants if the sale of alcohol beverages accounts for less than 50% of the gross receipts and the premises does not have a barroom.
[Added 4-18-2000 by Ord. No. 549]
MANAGER'S LICENSEA license valid only in the Village, issued at the direction of the Village Board, to a person who has the responsibility or authority for:
Personnel management of all employees, whether or not the person is authorized to sign employment contracts;
The terms of contracts for the purchase or sale of goods or services, whether or not the person is authorized to sign the contracts; or
The daily operations of the Class "B" or "Class B" premises.
OPERATOR'S LICENSEA one-year license valid only in the Village which authorizes a person 18 years of age or older, who is neither the licensee nor the agent of the licensee, to serve or sell alcohol beverages in any place operated under a Class "A," "Class A," Class "B" or "Class B" license or permit without the immediate supervision of the licensee or agent or a person holding an operator's license on the premises at the time. A license may be issued after July 1 and shall expire the following June 30.
PROVISIONAL OPERATOR'S LICENSEAn operator's license issued only to a person who has applied for an operator's license as defined in Subsection L and who is enrolled in a training course pursuant to § 125.17(6), Wis. Stats. A license expires 60 days after its issuance or when an operator's license under Subsection L is issued to the applicant, whichever is sooner.
[Amended 8-4-2020 by Ord. No. 802]
A person, other than a rectifier, who ferments, manufactures or distills intoxicating liquor.
A sheriff, undersheriff, deputy sheriff, police officer, constable, marshal, deputy marshal or any employee of the Department of Revenue or the Department of Justice authorized to act under Ch. 125, Wis. Stats.
Any permit issued by the Department of Revenue under Ch. 125, Wis. Stats.
A natural person, sole proprietorship, partnership, corporation or association.
The area described in a license or permit.
The primary activity as determined by analyzing the amount of capitol, labor, time, attention and floor space devoted to each business activity and by analyzing the sources of net income and gross income. The name, appearance and advertising of the entity may also be taken into consideration if they are given less weight.
Any rule or ordinance adopted by the Village Board.
Any building, room or place where meals or lunches are prepared, served or sold to transients or the general public, and all places used in connection therewith. See § 254.61(5), Wis. Stats.
Any person who sells, or offers for sale, any alcohol beverages to any person other than a person holding a permit or license under this chapter.
Any transfer of alcohol beverages for a consideration or any transfer without consideration if knowingly made for purposes of evading the law relating to the sale of alcohol beverages or any shift, device, scheme or transaction for obtaining alcohol beverages, including the solicitation of orders for or the sale for future delivery of alcohol beverages.
A person who has not attained the legal drinking age.
The Village of Saukville, Wisconsin.
A person, other than a brewer, manufacturer or rectifier, who sells alcohol beverages to a licensed retailer or to another person who holds a permit or license to sell alcohol beverages at wholesale.
Products obtained from the normal alcohol fermentation of the juice or must of sound, ripe grapes, other fruits or other agricultural products, imitation wine, compounds sold as wine, vermouth, cider, perry, mead and sake, if such products contain 1/2 of 1% or more of alcohol by volume.
The provisions of Ch. 125, Wis. Stats., relating to the sale or possession or use of intoxicating liquor and fermented malt beverages, exclusive of any 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 such provisions shall constitute a violation of this chapter.
A.
When required. No person, except as provided by § 125.06, Wis. Stats., 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 alcohol beverages, or cause the same to be done, without having procured a license as provided in this chapter, nor without complying with all the provisions of this chapter and all statutes, ordinances and regulations of the state and Village applicable thereto. See § 125.04(1), Wis. Stats. No owner, lessee or person in charge of a public place may permit the consumption of alcohol beverages on the premises of the public place, unless the person has an appropriate license or permit.
B.
Separate license required for each place of sale. A license 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 to each other where alcohol beverages are kept, sold or offered for sale.
[Amended 8-4-2020 by Ord. No. 802]
A.
Application. Application for a license to sell or deal in intoxicating liquor or fermented malt beverages shall be made, in writing, on forms prescribed by the Wisconsin Department of Revenue or the Village and filed with the Village Clerk. The fee prescribed for such license in § 55-1 or the Village fee resolution shall accompany the application. The premises shall be physically described, including every room and storage space to be covered by the license and including all rooms joined by connecting entrances or not separated by a solid wall. The Village Clerk shall forward each new license application to the Police Chief, who shall review the application to determine whether the applicant complies with the ordinances, regulations, and laws applicable thereto. The Police Chief shall furnish to the Village Clerk a written recommendation as to whether the application should be approved or denied. The Village Clerk shall then forward the application and the Police Chief's recommendation to the Village Board for action.
B.
Subsequent changes. If any fact or representation given in an application subsequently changes, the licensee shall file a notice, in writing, of such change with the Village Clerk within 10 days of such change.
[Amended 8-4-2020 by Ord. No. 802]
A.
Licenses. The Village Board may issue those licenses identified in § 55-2 hereof. The Village Clerk is authorized to issue temporary Class "B" beer and temporary "Class B" wine licenses, operator's licenses, provisional operator's licenses, and all soda licenses.
B.
Operator's licenses, provisional operator's licenses, and temporary licenses. The Village Clerk shall forward each license application for an operator's license, provisional operator's license, or temporary license to the Police Chief, who shall review the application to determine whether the applicant complies with the ordinances, regulations, and laws applicable thereto. The Police Chief shall furnish to the Village Clerk a written recommendation as to whether the application should be approved or denied. Any license application for which the Police Chief or Village Clerk recommends denial shall be referred to the Village Board for action.
C.
Department notification. By July 15 annually, the Village Clerk shall mail to the Wisconsin Department of Revenue 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 other entity, the name of the agent appointed under § 125.04(6), Wis. Stats.
D.
Form and expiration of licenses. 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.
Every license issued under this chapter shall be 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.
A.
Procedure. Whenever the holder of any license under this chapter violates any portion of this chapter or Chapter 125 of the Wisconsin Statutes, proceedings for the revocation or suspension of such license may be instituted in the manner and under the procedure established by § 125.12, Wis. Stats., and the provisions therein relating to granting a new license shall likewise be applicable.
B.
Effect of revocation. When a license is revoked under this section, no other license issued under this chapter may be granted within 12 months of the date of revocation to the person whose license was revoked. No part of the fee paid for any license so revoked may be refunded.
The Village may refuse to renew a license for the causes provided in § 125.12(2)(ag), Wis. Stats. Prior to the time for the renewal of the license, the Village Board or a duly authorized committee shall notify the licensee in writing of the Village's intention not to renew the license and provide the licensee with an opportunity for a hearing. The notice shall state the reasons for the intended action. The hearing shall be conducted before the Village Board as provided in § 125.12(2)(b), and judicial review shall be as provided in § 125.12(2)(d).
