[HISTORY: Adopted by the Village Board of
the Village of Wrightstown 10-5-1976 by Ord. No. 1-76 as Secs. 12.05 and 12.15
of the 1976 Code; amended 3-17-1998 by Ord. No. 031798A. Subsequent amendments
noted where applicable.]
The provisions of Chapter 125 of the Wisconsin
statutes relating to the sale of intoxicating liquor and fermented
malt beverages, including the definitions provided therein, exclusive
of any provisions relating to the penalty to be imposed or the punishment
for violation of such statutes, are hereby adopted and made a part
of this chapter. A violation of any such provision shall constitute
a violation of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
Fermented malt beverages and intoxicating liquor.
Any beverage made by 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 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
which contain less than 5% alcohol by weight.
An authorization to sell alcohol beverages granted by the
Village Board under this chapter. The Board is hereby authorized to
grant the following licenses:
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.
CLASS B FERMENTED MALT BEVERAGE LICENSEAuthorizes retail sales of fermented malt beverages to be consumed, whether on the premises where sold or off the premises, pursuant to W.S.A. s. 125.32.
SPECIAL EVENT OR PICNIC LICENSEA fermented malt beverage license issued to bona fide clubs, state, county or local fair associations or agricultural societies, lodges or societies that have been in existence for not less than six months prior to the date of the application, or to posts or veterans' organizations, authorizing them to sell fermented malt beverages at a particular picnic or gathering or at a meeting of any such post, or during a fair conducted by such fair, association or agricultural society. Such licenses shall not be of a longer duration than three consecutive days.
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.
CLASS A INTOXICATING LIQUOR LICENSEAuthorizes the retail sale of intoxicating liquor in original packages, containers and bottles, for consumption off the premises where sold.
CLASS B INTOXICATING LIQUOR LICENSEAuthorizes the retail sale of intoxicating liquor for consumption on premises where sold by glass and not in the original package or container. Such license also authorizes the licensee to sell intoxicating liquor in the original package or container in multiples not to exceed four liters at any one time, to be consumed off premises where sold. Wine, however, may be sold for consumption off premises in the original package or otherwise in any quantity.
CLASS C WINE LICENSEA Class C license authorizes the retail sale of wine by the glass or in the opened original container for consumption on the premises where sold.
A Class B combination License is the license which results
when one licensee applies for both a Class B fermented malt beverage
retailer's license and a Class B intoxicating liquor license for use
at one premises.
A reserve Class B combination license is the license described
in W.S.A. s. 125.51.
The area described in a license application. The area in
which such license is effective.
Any rule or ordinance adopted by the Village Board pursuant
to W.S.A. s. 125.10. Such regulation includes agreements or stipulations
between the licensee and the village or other lawful order of the
Village Board.
A person who has not attained the legal drinking age.
A.
No person, except as provided by Chapter 125 of the
Wisconsin statutes, 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 intoxicating liquor
or fermented malt beverage, or cause the same to be done, without
having procured a license as provided in this section, nor without
complying with all the provisions of this section, and all statutes,
ordinances and regulations of the state and village applicable thereto.
B.
Separate license required for each place of sale.
A license shall be required for each stand, place, room or enclosure
or for each site of rooms or enclosures which are in direct connection
or communication to each other where intoxicating liquor or fermented
malt beverages are kept, sold or offered for sale; and no license
shall be issued to any person for the purpose of possessing, selling
or offering for sale any intoxicating liquor or fermented malt beverage
in any dwelling house, flat or residential apartment.
C.
Operator's license. An operator's license for retail
Class A and B premises may be issued by the Village Board to persons
of good moral character. A written application shall be filed with
the Village Clerk-Treasurer, stating the name, residence, age and
sex of the applicant, together with such pertinent information as
to fitness as the Village Clerk-Treasurer shall require. Upon approval
of the application by the Village Board, the Clerk-Treasurer shall,
upon the applicant's filing a receipt showing the payment of the license
fee, issue to the applicant a license.
There shall be the following classes and denominations of the licenses, which when issued by the Village Clerk-Treasurer under the authority of the Village Board after payment of the fee as specified in Chapter 102, Fees and Penalties, shall permit the holder to sell, deal or traffic in intoxicating liquor or fermented malt beverages as provided in Wisconsin statutes:
A.
Class A fermented malt beverage.
B.
Class B fermented malt beverage.
C.
Special event or picnic Class B beer.
D.
Wholesaler's license.
E.
Class A intoxicating liquor.
F.
Class B intoxicating liquor.
G.
Class C wine.
H.
Operator's license.
I.
Class B combination license.
J.
Reserve Class B combination licenses.
K.
Records
check fee.
[Added 5-18-2010 by Ord. No. 05182010]
A.
Form. 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 State Department of Revenue and filed with
the Village Clerk-Treasurer. The premises shall be physically described
to include every room and storage space to be covered by the license,
including all rooms adjoined by connecting entrances or not separated
by a solid wall.
B.
Application to be notarized. Applications shall be
signed, sworn to by the applicant and notarized.
C.
Duplicate. Upon approval, a duplicate copy of each
application shall be forwarded by the Village Clerk-Treasurer to the
State Department of Revenue.
D.
Time of filing and issuance.
(1)
Except as provided in Subsection D(2), all applications for a license to sell alcohol beverages shall be filed with the Clerk-Treasurer of the village at least 15 days prior to the granting of the license.
(2)
For licenses issued for a picnic or other gathering
lasting less than four days, all applications for licenses to sell
alcoholic beverages shall be filed with the Clerk-Treasurer of the
village at least two days prior to the granting of the license.
E.
The Village Clerk-Treasurer shall publish each application
for a license as required by W.S.A. s. 125.04(3)(g).
A.
Statutory requirements. Any license granted pursuant
to this chapter to sell or deal on liquor or fermented malt beverages
shall be subject to the regulations, conditions and restrictions imposed
by Chapter 125 of the Wisconsin statutes and such other statutes as
may apply. In addition, by this section the village, pursuant to the
authority of W.S.A. s. 125.10, adopts certain other restrictions and
requirements specifically.
B.
Location. No retail Class A or 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
of any school, hospital or church building.
C.
Violation of liquor or beer law or ordinance. No retail
Class A or B license shall be issued to any person who has been convicted
of a violation of any federal or state liquor or fermented malt beverage
law or the provisions of this chapter during one year prior to such
application. A conviction of a member of a partnership or the partnership
itself shall make the partnership or any member thereof ineligible
for such license for one year.
D.
Class B licensed premises to be on street level. Retail
Class B licenses shall be issued only for that portion of a premises
located on the street level. This restriction shall not apply to a
bona fide club, society or lodge in existence not less than six months
prior to application nor prohibit any hotel holding a state permit
from supplying beverages in original containers to bona fide patrons
in rooms rented by such patrons.
E.
Health and sanitation requirements. No retail Class
A license or retail Class B license shall be issued for any premises
which do not conform to the sanitary, safety and health requirements
of the state pertaining to building and plumbing and the rules and
regulations of the State Department of Health and Family Services
applicable to restaurants and to all such ordinances and regulations
adopted by the village, and any violation thereof can be grounds for
the revocation or suspension of such licenses.
[Amended 11-30-1999 by Ord. No. 113099B]
F.
License quota. In the interest of promoting effective
and efficient enforcement of this chapter and pursuant to Wisconsin
statutes, the following rules are hereby established limiting the
number of Class B combination licenses which may be granted.
(1)
The total number of Class B combination licenses allowed
by state quota is nine.
(2)
The number of available reserve Class B combination
licenses is three.
(3)
Reserve Class B combination licenses cannot be transferred
to another place or premises within the municipality.
(4)
Even when the village has granted or issued the number
of Class B combination licenses equal to its quota, the village may
still issue a Class B combination license to any of the following:
(a)
A full service restaurant that has a seating
capacity of 300 or more persons.
(b)
A hotel that has 100 or more rooms of sleeping
accommodations and that has either an attached restaurant with a seating
capacity of 150 or more persons or a banquet room in which banquets
attended by 400 or more persons may be held.
G.
Corporations. No license shall be granted to any corporation
when more than 50% of the voting stock interest, legal interest or
beneficial interest is held by any person or persons not eligible
for a license under this chapter.
H.
Age requirement. No license hereunder shall be granted
to any person under 18 years of age.
[Amended 5-16-2018 by Ord. No. 05162018]
I.
Effect of revocation of license. Whenever any license
shall be revoked, at least six months from the time of such revocation
shall elapse before another license shall be granted for the same
premises, and 12 months shall elapse before any other license shall
be granted to the person whose license was revoked.
J.
Delinquent taxes, assessments and claims. No license
shall be granted to any person or premises for which taxes, assessments
or other claims of the village are delinquent and unpaid, and such
unpaid items can be grounds for revocation or suspension of a license
granted by the village.
The Village Clerk-Treasurer shall notify the
Chief of Police of each application, and such official shall inspect
or cause to be inspected each application and the premises, together
with such other investigation as shall be necessary to determine whether
the applicant and the premises comply with the regulations, ordinances
and laws applicable thereto, including those governing sanitation
in restaurants, and whether the applicant is a proper recipient of
such a license. The Chief of Police shall furnish to the Village Board,
in writing, the information derived from such investigation, accompanied
by recommendation as to whether a license should be granted or refused.
No license shall be renewed without reinspection of the premises and
report as originally required.
A.
Full fee to be charged. Except as otherwise provided
in this chapter, the full license fee shall be charged for the whole
fraction of any year.
B.
Form and expiration of license. All licenses shall
be numbered in the order in which they are issued and shall state
clearly the specific premises for which granted, the dates 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-Treasurer shall affix his or her affidavit as required
by W.S.A. s. 125.04.
A.
As to ownership. No license shall be transferable
to a different licensee except as provided by W.S.A. s. 125.04(12).
Upon effectuation of such transfer (as in the sale of a business),
the Clerk-Treasurer may require the person requesting the transfer
to complete a form to help in the administration and reissuance of
such license. Granting of the transferred license is to be reviewed
in the same manner as the granting of a new license.
B.
As to physical location. Licenses issued pursuant
to this chapter may be transferred to a different premises as provided
in W.S.A. s. 125.04. Application for such transfer shall be made on
blanks furnished by the State Department of Revenue.
Every license issued under this chapter shall
be posted and at all times displayed as provided in W.S.A. s. 125.04.
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.
Gambling and disorderly conduct prohibited. Each licensed
premises shall at all times be conducted in an orderly manner, and
no disorderly, riotous, indecent conduct or gambling shall be allowed
at any time on any licensed premises.
B.
Employment of minors. No retail Class B licensee shall
employ any underage person, except as provided by W.S.A. s. 125.07(3).
C.
Sales by clubs. No club shall sell intoxicating liquors
or fermented beverages except to members and guests invited by members.
D.
Safety and sanitation requirements. Each licensed
premises shall be maintained and conducted in a sanitary manner and
shall be a safe and proper place for the purpose for which used.
E.
Nonuse
of license. If a license issued under this chapter is not used within
30 days after its issuance, or its usage is discontinued for a period
of 30 days or more, such nonuse shall be grounds for cancellation,
suspension, revocation or nonrenewal of the license.
[Added 6-21-2022 by Ord. No. 06212022]
No premises for which a wholesale or retail
liquor or fermented malt beverage license has been issued shall remain
open for the sale of liquor:
A.
If a wholesale license, between 5:00 p.m. and 8:00
a.m., except on Saturday when the closing hour shall be 9:00 p.m.
B.
If a retail Class A license, between 9:00 p.m. and
6:00 a.m. for the sale of liquor, and between 10:00 p.m. and 6:00
a.m. for the sale of fermented malt beverages.
[Amended 5-1-2012 by Ord. No. 05012012]
C.
If a retail Class B license, or B combination license,
between 2:00 a.m. and 8:00 a.m., and on January 1, between 3:00 a.m.
and 8:00 a.m.
D.
Hotels and restaurants whose principal business is
the furnishing of food or lodging to patrons, and bowling alleys and
golf courses may remain open for the conduct of their regular business
but shall not sell intoxicating liquors or fermented malt beverages
during prohibited hours.
A.
Procedure. Whenever the holder of any license or permit
under this chapter violates any portion of this chapter or of Chapter
125 of the Wisconsin Statutes, or for any other reason set forth in
Chapter 125 of the Wisconsin Statutes as grounds for suspension or
revocation of licenses, proceedings for the suspension or revocation
of such license or permit may be instituted in the manner and under
the procedure established by W.S.A. s. 125.12, and the provisions
therein relating to granting a new license shall likewise be applicable.
B.
Nonrenewal of license. Before any license issued under
this chapter is not renewed, the licensee shall be given written notice
of any charges or violations against him or her or 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.
C.
Automatic revocation. Any license issued under the
provisions of this chapter shall stand revoked without further proceedings
upon the conviction of a licensee or employee, agent or representative
thereof for a second offense under this chapter or for a violation
of Chapter 125 of the Wisconsin Statutes or any other state or federal
liquor or fermented malt beverage laws or of any felony.
D.
Violations by agents and employees. A violation of
this chapter by a duly authorized agent or employee of a licensee
or permit holder shall constitute a violation by the licensee or permit
holder.
A.
Retail licenses. A retail licensee may include in
the license an outdoor area immediately adjacent to the licensed premises
by describing the outdoor premises in detail on the license application.
Such premises shall be reviewed by the License and Recycling Committee
and granted in the same manner as any other retail license.
[Amended 11-30-1999 by Ord. No. 113099B]
B.
Licensee responsibility. Any outdoor area license
is subject to all regulations of this chapter and Chapter 125 of the
Wisconsin Statutes.
C.
Unlicensed outdoor area. An unlicensed area adjacent
to a licensed premises which is used in conjunction with the licensed
premises shall not be used for the purpose of serving or consuming
alcoholic beverages.
D.
Duty to maintain the peace. The licensee shall maintain peace and order over any outdoor area adjacent to and used in conjunction with a licensed premises whether or not said outdoor area is licensed. In the event that the Police Department receives two complaints concerning noise emanating from such outdoor area or a complaint concerning any disorderly activity in the outdoor area, or any agent or representative of the Police Department personally observes disorderly or unduly loud activity, the Police Department shall make an effort to contact the person in charge of the licensed premises and inform him or her of the complaint(s). If the activity complained of continues, the licensee is acting in violation of this section. Continued violations of this section may result in the police exercising their authority under Subsection E in ordering any outdoor premises, or the entire licensed area, closed in the public interest. In exercising their authority under this section, the Police Department shall consider:
(1)
The time of day.
(2)
The ability of the licensee or an agent to control
the situation.
(3)
The number of complaints registered.
(4)
Any previous warnings.
(5)
The presence of unruly or disorderly activity and
the ability to control such activity.
(6)
The cooperation of the licensee.
(7)
The amount of noise emanating from the area.
(8)
The proximity of residences, places of business or
other members of the public to the complained of activity.
(9)
The likelihood of bodily harm or property damage to
the licensee, any members of the general public or public property.
(10)
The amount or likelihood of disturbance of public
peace and repose.
E.
Police power to close licensed premises. The Police Department may order any disorderly house closed until 8:00 a.m. the following day when, in the reasonable view of the Department, the licensee or person in charge failed to maintain peace and order as per Subsection D of this section, or the Department otherwise believes that the public peace and safety is served by such closing by reason of threat to the bodily security, property or peaceful repose of any member of the general public.
F.
Any outdoor premises so licensed pursuant to this
section shall be fully enclosed by a fence no less than 10 feet in
height. In addition, there shall be no ingress or egress from said
outdoor premises other than through a building which is encompassed
within the same license.
B.
Exceptions. Alcohol beverages may be possessed or
consumed on school premises, in motor vehicles or by participants
in school sponsored activities if specifically permitted, in writing,
by the school administrator, consistent with applicable laws and ordinances.
C.
MOTOR VEHICLE
SCHOOL
SCHOOL ADMINISTRATOR
SCHOOL PREMISES
Definitions. In this section, terms shall have the
meanings prescribed below:
A motor vehicle owned, granted or consigned to a school.
A public, parochial or private school which provides an educational
program for one or more grades between grades one and 12 and which
is commonly known as an elementary school, middle school, junior high
school, senior high school or high school.
The person designated by the governing body of a school as
ultimately responsible for the ordinary operations of a school.
Premises owned, rented to or under the control of a school.
No person shall procure for, sell, dispense
or give away alcohol beverages to a person who is intoxicated.
No person holding a permit to operate a restaurant
may give away or permit to be given away any alcohol beverages on
the restaurant premises.
No owner, lessee or person on charge of a public
place shall permit the consumption of alcohol beverages on the premises
of the public place unless the person has an appropriate retail license
or permit. This section does not apply to municipalities, buildings
and parks owned by counties, regularly established athletic fields
and stadiums, school buildings, churches, premises on a state fair
park or clubs.
No person shall peddle any alcohol beverages
from house-to-house where the sale and delivery are made concurrently.
A.
No person shall have in his or her possession any
open can, bottle or other container of malt beverages or intoxicating
liquor, or drink from the same on any public way, public street, sidewalk,
boulevard, parkway, safety zone, alley or public parking lot, or on
or in any motor vehicle parked on a public way, public street, alley
or parking lot.
B.
No person shall consume any fermented malt beverage
or intoxicating liquor or possess any open can, bottle or other container
of fermented malt beverages or intoxicating liquor outside the premises
of any tavern on any property contiguous or adjacent thereto, if such
property is under the control or management of the tavern's license
holder, agent or owner.
C.
C. The provision of Subsection B shall not apply if the holder of the tavern license first applies to the Chair of the License and Recycling Committee and receives permission therefrom to hold a private party or gathering wherein malt beverages and intoxicating liquor will be consumed. Such application shall be made to the Chair of the License and Recycling Committee or a designated subordinate and shall be such as to satisfy him or her of the following:
[Amended 11-30-1999 by Ord. No. 113099B]
D.
The Chair of the License and Recycling Committee or
a designated subordinate is hereby authorized to grant permission
as outlined herein when the above-mentioned information is satisfactorily
supplied. In no case shall permission be granted under this section
extend for a period of more than 24 hours.
[Amended 11-30-1999 by Ord. No. 113099B]
