Village of Fox Point, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Fox Point as Ch. 125 of the 1961 Code. Amendments noted where applicable.]

§ 445-1 State liquor laws adopted.

A. 
Chapter 125 of the Wisconsin Statutes relating to the use and sale of alcohol beverages, exclusive of any provisions providing for a fine or imprisonment for violating the same, is hereby adopted and by reference made a part of this chapter with the same force and effect as though set forth herein verbatim.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Any action required to be performed or prohibited by Ch. 125, Wis. Stats., is required or prohibited by this chapter. Any future amendments, revisions or modifications of Ch. 125, Wis. Stats., are intended to be made a part of this chapter. A copy of Ch. 125, Wis. Stats., and any future amendments thereto, shall be kept on file in the office of the Village Clerk/Treasurer or elsewhere in the Village offices in the Village Hall.

§ 445-2 License required.

A. 
Subject to the exceptions stated in § 125.06, Wis. Stats., no person shall vend, sell, deal or traffic in alcohol beverages in any quantity, 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 applicable thereto, except where the Wisconsin Statutes provide that a license is not necessary.
B. 
A license is 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. No license shall be issued to any person for the purpose of possessing, selling or offering for sale any alcohol beverage in any dwelling house, flat or residential apartment.
C. 
No person shall give away any alcohol beverage for the purpose of evading any law or ordinance.

§ 445-3 Classes of licenses. [1]

There shall be the following classes of licenses which, when issued by the Village Clerk/Treasurer under the authority of the Village Board after payment of the fee specified in § 445-4, shall permit the holder to sell, deal or traffic in alcohol beverages as follows:
A. 
Class "A" fermented malt beverage retailer's license. A Class "A" fermented malt beverage retailer's license 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 the original packages, containers or bottles.
B. 
Class "B" fermented malt beverage retailer's license. A Class "B" fermented malt beverage retailer's license shall entitle the holder thereof to possess, sell or offer for sale fermented malt beverages whether to be consumed upon the premises where sold or away from such premises. The holder may also sell beverages containing less than 1/2 of a percentum of alcohol by volume without obtaining a special license to sell such beverages.
C. 
"Class A" retail intoxicating liquor license. A "Class A" retail intoxicating liquor license shall permit its holder to sell, deal and traffic in intoxicating liquors only in original packages or containers to be consumed off the premises so licensed.
D. 
"Class B" retail intoxicating liquor license. A "Class B" retail intoxicating liquor license shall permit its holder to sell, deal and traffic in intoxicating liquors to be consumed by the glass only on the premises so licensed, and in the original package or container in multiples not to exceed four liters at any one time to be consumed off the premises, except that wine may be sold in the original package or otherwise in any other quantity to be consumed off the premises.
E. 
Reserve "Class B" liquor license. Reserve "Class B" liquor licenses are 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. A reserve "Class B" liquor license shall permit its holder to sell, deal and traffic in intoxicating liquors to be consumed by the glass only on the premises so licensed, and in the original package or container in multiples not to exceed four liters at any one time to be consumed off the premises, except that wine may be sold in the original package or otherwise in any other quantity to be consumed off the premises.
F. 
Temporary Class "B" (picnic) fermented malt beverage license. A temporary Class "B" (picnic) fermented malt beverage license shall permit the holder thereof to sell fermented malt beverages (including wine coolers with a fermented malt beverage base) to consumers at a picnic or similar gathering of limited duration for only those dates approved by the Village Board. Such licenses may be issued only to bona fide clubs, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least six months and to veterans' organizations pursuant to § 125.26(6), Wis. Stats.
G. 
"Class C" wine license. A "Class C" wine license shall permit the holder thereof to sell wine by the glass or in an opened original container for consumption on the premises where sold.
(1) 
A "Class C" wine license may be granted to an applicant only if:
(a) 
The applicant meets the qualifications set forth in § 125.04(5), Wis. Stats., for other retail licenses;
(b) 
The license is for a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts;
(c) 
The restaurant does not have a barroom; or
(d) 
The restaurant has a barroom in which wine is the only intoxicating liquor sold.
(2) 
A "Class C" license may not be issued to a foreign corporation, a foreign limited liability company or a person acting as agent for or in the employ of another.[2],[3]
[2]
Editor's Note: Original Sec. 125.81(h)(vi), providing a fee for a "Class C" wine license, as added 1-8-2002 by Ord. No. 2002-01, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[3]
Editor's Note: Original Sec. 125.810, Retail license fees, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 445-4 Provisional retail license. [1]

The Village Clerk/Treasurer or Village Manager may issue a provisional retail license to a person who has applied for a Class "A," Class "B," "Class A," "Class B" or "Class C" license which authorizes only the activities that the type of retail license applied for authorizes, in accordance with § 125.185, Wis. Stats., for a nonrefundable fee per license issued, as provided in Chapter 63, Fees. The provisional retail license shall expire 60 days after its issuance or when a Class "A," Class "B," "Class A" or "Class B" license is issued to the holder, whichever is sooner. The Village Clerk/Treasurer or Village Manager may revoke a provisional retail license if it is determined that the holder of the license made a false statement on the application. The Village Clerk/Treasurer or Village Manager may not issue a provisional "Class B" license if the Village's quota under § 125.51(4), Wis. Stats., prohibits the issuance of a "Class B" license. No person may hold more than one provisional retail license for each type of license applied for by the holder, per year.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 445-5 Operator's license; provisional operator's license. [1]

A. 
The Village Clerk/Treasurer or the Village Manager may issue an operator's license if the applicant applies, in writing, meets the requirements of Ch. 125, Wis. Stats., and after payment of a nonproratable fee in an amount to be determined by the Village Board from time to time for a two-year period to end on June 30. If an applicant is denied an operator's license, said applicant has the option to appeal the denial to the Village Board of the Village of Fox Point. All written applications for an operator's license shall be filed with the Village Clerk/Treasurer at least 10 days prior to the granting of said license.
B. 
Provisional operator's license. The Village Clerk/Treasurer or Village Manager may issue a provisional operator's license in accordance with § 125.17(5), Wis. Stats., for a nonrefundable fee per license issued, as provided in Chapter 63, Fees. The provisional operator's license shall expire 60 days after its issuance or when an operator's license is issued to the holder, whichever is sooner. A provisional operator's license may not be issued to any person who has been denied an operator's license by the Village Board or who has had an operator's license revoked or suspended within the preceding 12 months. The Village Clerk/Treasurer or Village Manager may revoke a provisional operator's license if it is determined that the holder of the license made a false statement on the application.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 445-6 Liquor license quotas.

A. 
The number of liquor licenses that have been or may be granted shall be determined as to "Class A" retail intoxicating liquor licenses and "Class B" retail intoxicating liquor licenses as provided from time to time by governing state law. In addition thereto, such licenses may be granted to restaurants as defined in § 125.02(18), Wis. Stats., and clubs as defined in § 124.02(4), Wis. Stats. There shall be no advertising or display of alcohol beverages or that the licensee has the right to serve the same on the exterior of the licensed premises, or in the interior of the licensed premises located in such a place that it is visible from a public street or any adjoining premises.
B. 
The number of Class "A" fermented malt beverage retailer's licenses and Class "B" fermented malt beverage retailer's licenses and reserve "Class B" intoxicating liquor licenses shall be as from time to time allowed by state law, except that in addition thereto, such licenses may be granted to restaurants and clubs as provided in Subsection A above.
C. 
Reserve "Class B" intoxicating liquor license: four. If the Village has reached its quota as to regular "Class B" liquor licenses or reserve "Class B" liquor licenses, the Village may still grant a regular "Class B" liquor license to:
(1) 
A full-service restaurant that has a seating capacity of 300 or more persons; or
(2) 
A hotel that has 50 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. [See § 125.51(4)(v), Wis. Stats.][1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 445-7 Conditions for "Class B" license.

No retail "Class B" or reserve "Class B" license shall be issued unless the premises to be licensed conforms to the sanitary, safety and health requirements of the State Building Code, the State Plumbing Code, and the rules and regulations of the State Department of Health Services applicable to restaurants as contemplated in § 125.68(5), Wis. Stats., and also conforms to all ordinances and regulations adopted by the Village.

§ 445-8 Right of entry for inspection.

Every Village police officer, Building Inspector, Health Officer, and fire fighter serving the Village shall at all times have the right to enter and inspect the premises for which a retail "Class B" license has been applied for or is in effect to determine whether or not the premises complies with the provisions of this chapter. Refusal or failure to admit any such officer, employee or agent of the Village to enter and inspect the premises shall constitute a violation of this chapter.

§ 445-9 Closing hours. [1]

Closing hours shall be as prescribed by § 125.68(4), Wis. Stats., for the sale of intoxicating liquor and as prescribed by § 125.32(3), Wis. Stats., for the sale of fermented malt beverages.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 445-10 License restrictions.

No initial or renewal alcohol beverage license shall be granted for any premises for which taxes, assessments, utility bills or other claims of the Village are delinquent and unpaid. No initial or renewal of a liquor license shall be granted to any person who is delinquent in payment of any taxes, assessments, utility bills or other claims owed to the Village and/or is delinquent in payment of a forfeiture resulting from a violation of any ordinance of the Village.

§ 445-11 Violations and penalties.

A. 
Forfeitures for violations of §§ 125.07(1) to (4) and 125.09(2), Wis. Stats., adopted by reference in § 445-1 of this chapter, shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable state statute, including any variations or increases for subsequent offenses.
B. 
Any person who shall violate any provision of this chapter, except as otherwise provided in Subsection A above, or who shall conduct any activity or make any sale for which a license is required without a license shall be subject to a forfeiture as provided in § 1-4 of this Code.
C. 
Nothing herein shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the Wisconsin Statutes.