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 BEVERAGE
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.
INTOXICATING LIQUOR
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.
LICENSE
An authorization to sell alcohol beverages granted by the
Village Board under this chapter. The Board is hereby authorized to
grant the following licenses:
C.
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.
F.
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.
G.
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.
LICENSE, CLASS B COMBINATION
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.
PREMISES
The area described in a license application. The area in
which such license is effective.
REGULATION
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.
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.
E. Class A intoxicating liquor.
F. Class B intoxicating liquor.
I. Class B combination license.
J. Reserve Class B combination licenses.
K. Records
check fee.
[Added 5-18-2010 by Ord. No. 05182010]
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.
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.
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.
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.
Any person who shall violate any provision of this chapter or who shall fail to obtain a license or permit as required herein shall, unless otherwise indicated, be subject to a penalty as provided in Chapter
1, General Provisions, §
1-18.