[HISTORY: Adopted by the Village Board of the Village of
Fremont as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-27-1986 by Ord. No. 86-1 as Secs. 12.02 and 12.15
of the 1986 Municipal Code]
[Amended by Ord. No. 89-1[1]]
The provisions of Ch. 125, Wis. Stats., relating to the sale
of intoxicating liquor and fermented malt beverages, except §§ 125.03,
125.075, 125.15, 125.16, 125.19, 125.29, 125.30, 125.33, 125.52, 125.53,
125.54, 125.55, 125.56, 125.58, 125.60, 125.61, 125.62, 125.65, 125.67
and 125.69, exclusive of any provisions thereof relating to the penalty
to be imposed for the punishment for violation of said statutes, are
hereby adopted and made a part of this article by reference. A violation
of any such provision shall constitute a violation of this article.
As used in this article, the following definitions apply:
Twenty-one years of age.
[Amended by Ord. No. 86-4[1]]
A person who has not attained the legal drinking age.
[Amended by Ord. No. 86-4[1]]
Application for a license to sell or deal in alcohol beverages
shall be made in writing on the form prescribed by § 125.04(3),
Wis. Stats., and shall be filed together with the cost of publication
as provided by § 125.04(3)(g)6, Wis. Stats., with the Clerk-Treasurer
not less than 15 days prior to the granting of the license. However,
applications for licenses to be issued under §§ 125.26(6)
and 125.51(10), Wis. Stats., shall be filed with the Clerk-Treasurer
not less than three days prior to the granting of the license. Further,
as a condition of granting an operator's license, the applicant shall
permit the Village to secure from the Federal Bureau of Investigation
and the Wisconsin Crime Information Bureau a record check of the applicant.
No license shall be issued until the fee has been paid.
[Amended by Ord. No. 07-1]
The Clerk-Treasurer shall notify the Health Officer, the Chief
of Police and the Fire Chief of each new license and permit application,
and these officials shall review such application and inspect, or
cause to be inspected, the premises to determine whether the applicant
and the premises sought to be licensed comply with the regulations,
ordinances and laws applicable thereto. These officials shall furnish
to the Village Board, in writing, the information derived from such
investigation. No license or permit provided for in this section shall
be issued without the approval of a majority of the Village Board,
and no license shall be renewed without a report from the Chief of
Police. The Chief shall obtain the criminal, misdemeanor and arrest
records of all applicants for liquor licenses or operator's licenses
and to include the same in his report.
The fees for issuance of fermented malt beverage and intoxicating
liquor licenses shall be as follows:
C.
Temporary Class "B" license (picnic license).
[Amended by Ord. No. 89-1; Ord. No. 99-5]
G.
Operator's license: $20 per year. See § 125.17, Wis. Stats.
[Amended by Ord. No. 93-1; Ord. No. 99-5; Ord. No. 07-3]
H.
Temporary license: $5 for up to 14 days as provided in § 125.17(4),
Wis. Stats.
I.
Provisional operator's license: $5 for up to 20 days, pursuant to
§ 125.17(5), Wis. Stats.
J.
Transfer of license: $10. See § 125.04(12), Wis. Stats.
All applications for an annual operator's license shall be filed
in the office of the Clerk-Treasurer on or before May 31 of each year,
provided that nothing shall prevent the Village Board from granting
any license which is applied for at least five working days before
a Village Board meeting at any other time for a fraction of the year
for the annual fee. The Clerk-Treasurer may issue a provisional operator's
license to a person who has applied for an operator's license and
has not previously been denied an operator's license. A wallet-sized
recent photograph of the applicant shall be filed with the Clerk-Treasurer
prior to the issuance of the license.
No person shall vend, sell, deal or traffic in, or, for the
purpose of evading any law or ordinance, give away any liquor or fermented
malt beverages, or cause the same to be done, without having procured
a license as provided in this section nor without complying with all
provisions of this section, and all statutes, ordinances and regulations
applicable thereto. 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 liquor and
fermented malt 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 liquor or fermented malt beverage in any
dwelling, house, flat or residential apartment.
A.
Natural persons. Licenses related to alcohol beverages, issued to
natural persons under this section, may be issued only to persons
who:
(1)
Do not have an arrest or conviction record, subject to §§ 111.321,
111.322 and 111.335, Wis. Stats.
(2)
Have been residents of this state continuously for at least one year
prior to the date of filing the application for license, except that
Class B licenses may be issued to a person who has been a resident
of the state continuously for 90 days prior to the date of the application.
(3)
Have attained the legal drinking age, except that operators' licenses
may be issued to persons who have attained the age of 18.
[Amended by Ord. No. 89-1]
B.
Criminal offenders. No license or permit related to alcohol beverages
may, subject to §§ 111.321, 111.322 and 111.335, Wis.
Stats., be issued under this section to any natural person who has
been convicted of a felony unless the person has been duly pardoned.
C.
Corporations. No license or permit may be issued to any corporation unless the agent of the corporation appointed under § 125.04(6), Wis. Stats., and the officers and directors of the corporation meet the qualifications of Subsections A(1) and (3) and B above, except that Subsection A(2) does not apply to agents.
[Amended by Ord. No. 89-1; Ord. No. 97-7]
The number of "Class B" liquor licenses to be issued hereunder
is limited to the number permitted under § 125.51(4), Wis.
Stats.
In addition to the conditions and restrictions imposed by state
law on the granting of Class A and Class B fermented malt beverage
licenses and intoxicating liquor licenses hereunder, the following
conditions and restrictions shall apply:
A.
Consent to inspection of premises. It shall be a condition of any
license issued hereunder that the licensed premises may be entered
and inspected at any reasonable hour by any police officer of the
Village without any warrant, and the application for a license hereunder
shall be deemed a consent to this provision. If such inspection is
denied, such denial shall be deemed a violation of this section.
B.
Violation by agents or employees. A violation of this section by
a duly authorized agent or employee of a licensee shall constitute
a violation of the licensee.
C.
Sales to underage persons restricted. No alcohol beverage shall be
sold, dispensed, given away or furnished to any underage person unless
accompanied by a parent, guardian or spouse who has attained the legal
drinking age.
[Amended by Ord. No. 86-4]
D.
Sales by clubs. No club shall sell intoxicating liquors or fermented
malt beverages except to members and guests invited by members.
E.
Commencement of operations. Within 90 days after the issuance of
a "Class A" retail liquor license or a "Class B" intoxicating liquor
license or a Class "B" fermented malt beverage license, the licensee
shall be open for business with adequate stock and equipment. Upon
his failure to do business within such time, his license shall be
subject to revocation by the Village Board after a public hearing.
The Village Board may, for a good cause shown, extend such ninety-day
period.
F.
Cessation of operations. If any licensee shall suspend or cease doing
business for 90 consecutive days or more, his "Class A" retail liquor
license or his Class B intoxicating liquor license and fermented malt
beverage license shall be subject to revocation by the Village Board
after a public hearing. The Village Board may, for a good cause shown,
extend such ninety-day period.
G.
Transfer of license. No license shall be transferable from person
to person except as provided in § 125.04(12)(b), Wis. Stats.,
or from place to place, except as provided in § 125.04(12)(a),
Wis. Stats.
H.
Location of premises restricted. No retail Class A or Class 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 so licensed
on June 30, 1947.
I.
Safety and health requirements. No retail Class B license shall be
issued unless the premises to be licensed conform 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, and also shall conform
to all ordinances and regulations of the Village.[1]
[1]
Editor's Note: Original Section 12.02(10)(j), which immediately
followed this subsection, was repealed by Ord. No. 86-4.
J.
Operator on duty required. The licensee, a member of his immediate
family or a licensed operator must be present at all times in the
immediate area open to the public where alcohol beverages are being
served or sold.
[Amended by Ord. No. 89-1]
K.
Village taxes and claims. No license shall be granted for operation
on any premises upon which personal property taxes or assessments
or other financial claims of the Village are delinquent and unpaid.
L.
Disorderly conduct and gambling prohibited. Each licensed premises
shall at all times be conducted in an orderly manner and no disorderly,
riotous or indecent conduct or gambling shall be allowed at any time
on any licensed premises.[2]
[2]
Editor's Note: Original Section 12.02(10)(n), which immediately
followed this subsection, was repealed by Ord. No. 3-99.
M.
Posting of licenses required. Licenses or permits issued under this
section shall be posted and displayed as provided in § 125.04(10),
Wis. Stats., and any licensee or permittee who shall fail to post
his license or permit as therein required shall be presumed to be
operating without a license.
[Added by Ord. No. 3-99]
A.
Prohibited. It is unlawful for any person to perform or engage in,
or for any licensee or manager or agent of the licensee to permit
any person, employee, entertainer or patron to perform or engage in,
any live act, demonstration, dance or exhibition on the premises of
a licensed establishment which:
B.
Exemption. The provisions of this section do not apply to theaters,
performing arts centers, civic centers and dinner theaters where live
dance, ballet, music and dramatic performances of serious artistic
merit are offered on a regular basis and in which the predominant
business or attraction is not the offering to customers of entertainment
which is intended to provide sexual stimulation or sexual gratification
to such customers and where the establishment is not distinguished
by an emphasis on, or the advertising or promotion of, employees engaging
in nude erotic dancing.
C.
LICENSED ESTABLISHMENT
LICENSEE
Definitions. For purposes of this section:
Any establishment licensed by the Village to sell alcohol
beverages pursuant to Ch. 125, Wis. Stats.
The holder of a retail "Class A," "Class B," Class "B," Class
"A" or "Class C" license granted by the Village pursuant to Ch. 125,
Wis. Stats.
D.
Penalties. Any person who violates any of the provisions of this section shall be subject to a forfeiture as provided in Chapter 1, General Provisions, Article I, Construction and Penalties, of this Code. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this section constitutes sufficient grounds for suspending, revoking or nonrenewing an alcohol beverage license under § 125.12, Wis. Stats.
No premises for which an alcohol beverage license has been issued
shall remain open for the sale of alcohol beverages, as follows:
A.
Wholesale license. Between 5:00 p.m. and 8:00 a.m., except Saturdays
when the closing hour shall be 9:00 p.m.
B.
Retail "Class A" intoxicating liquor license. Between 9:00 p.m. and
8:00 a.m.
C.
Retail Class B license. Between the hours of 2:00 a.m. and 6:00 a.m.,
except on Saturday and Sunday, the closing hour shall be 2:30 a.m.;
on January 1 there are no closing hours.
[Amended by Ord. No. 89-1]
D.
Hotels and restaurants. Hotels and restaurants, the principal business of which is the furnishing of food and/or lodging to patrons, shall be permitted to remain open after closing hours for the conduct of regular business, but shall not sell intoxicating liquors or malt beverages during the closing hours stated in Subsection C above.
E.
Presence on premises after closing hour restricted.
(1)
Any person who is not an employee of the licensee who remains on
the premises after the designated closing hour is subject to the penalties
as provided in this article.
(2)
Any person, while on the premises after closing hours, must be actively
engaged in bona fide business activities and may not consume alcohol
beverages.
A.
Sale restrictions. Pursuant to § 125.51(3)(b), Wis. Stats.,
no person may sell intoxicating liquor in an original unopened package,
container or bottle for consumption away from the premises in excess
of four liters at any one time on any premises for which any "Class
B" intoxicating liquor license or combination Class B alcohol beverage
license has been issued. However, packaged goods sales of fermented
malt beverages and wine from such premises may be made in any quantity.
B.
Hours of sale. Between the hours of 12:00 midnight and 6:00 a.m.,
no person may sell any packaged goods from any Class B licensed premises.
[Amended by Ord. No. 89-1]
C.
Retail Class "A" fermented malt beverage packaged goods hours of
sale. Between the hours of 12:00 midnight and 6:00 a.m.
[Added by Ord. No. 89-1]
[Added by Ord. No. 86-4]
A.
Restrictions. Pursuant to § 125.07(3), Wis. Stats., an
underage person not accompanied by his parent, guardian or spouse
who has attained the legal drinking age may not enter or be on any
premises for which a license or permit for the retail sale of alcohol
beverages has been issued, for any purpose except the transaction
of business pertaining to the licensed premises with or for the licensee
or his employee. The business may not be amusement or the purchase,
receiving or consumption of edibles or beverages or similar activities
which normally constitute activities of a customer of the premises.
B.
Exceptions. Subsection A above shall not apply to:
(1)
An underage person who is a resident, employee, lodger or boarder
on the licensed premises.
(2)
An underage person who enters a "Class A" premises for the purpose
of purchasing edibles and soft drinks and immediately thereafter leaves
such premises.
(3)
Hotels, drugstores, grocery stores, bowling alleys, athletic fields
or stadiums owned by a county or municipality.
(4)
Ski chalets, golf clubhouses, curling clubs and private tennis clubs.
(5)
Licensed restaurants where the principal business is that of a restaurant.
(6)
A person who is at least 18 years of age and who is working under
a contract with the licensee to provide entertainment for customers
on the premises.
(7)
An underage person who enters on Class "B" or "Class B" premises
on dates specified by the licensee when no alcohol beverages will
be consumed, sold or given away. The licensee shall notify the Police
Department of such specified dates; unless all alcohol beverages are
stored in a locked portion of the premises, the licensee or a licensed
operator must be on the premises at all times.
[Added by Ord. No. 86-4]
A.
Restrictions. Pursuant to § 125.07(4)(b) and (bm), Wis.
Stats., no underage person not accompanied by a parent, guardian or
spouse who has attained the legal drinking age may knowingly possess
or consume alcohol beverages.
B.
Exceptions. An underage person may possess alcohol beverages if employed
by any of the following:
(1)
A brewer.
(2)
A fermented malt beverages wholesaler.
(3)
A permittee other than a Class "B" or "Class B" permittee.
(4)
A facility for the production of alcohol fuel.
(5)
A retail licensee or permittee under the conditions specified in
§ 125.32(2) or 125.68(2), Wis. Stats., or for delivery of
unopened containers to the home or vehicle of a customer.
C.
Selling or serving alcohol beverages. Pursuant to §§ 125.32(2)
and 125.68(2), Wis. Stats., any underage person who is at least 18
years of age may sell or serve alcohol beverages on any Class A or
Class B premises, provided that such underage person is under the
immediate supervision of the licensee, agent or manager, or a licensed
operator, who is on the premises at the time of such sale or service.
[Amended by Ord. No. 86-4]
A.
Procedure. Except as hereinafter provided in Subsection A(1) and (2) below, the provisions of § 125.12(2) and (3), Wis. Stats., shall be applicable to proceedings for revocation or suspension of licenses or permits granted under this section. Revocation or suspension proceedings may be initiated upon written complaint by the Village President or the Police Department or by the Village Board upon its own motion.
[Amended by Ord. No. 99-5; Ord. No. 01-1]
(1)
No license shall be suspended, revoked or nonrenewed for a single
violation of serving an underage person in a one-year period and no
more than one citation may be issued for a single violation.
B.
Repossession of license or permit. Whenever any license or permit
shall be revoked or suspended pursuant to this subsection, the Clerk-Treasurer
shall notify the licensee or permittee and the Chief of Police of
such revocation or suspension and the Chief of Police or his designee
shall take physical possession of the license or permit wherever it
may be found and file it in the office of the Clerk-Treasurer.
C.
Effect of revocation of license. No license shall be issued for any
premises if a license covering such premises has been revoked within
six months prior to application. No license shall be issued to any
person who has had a license issued pursuant to this section revoked
within 12 months prior to application.
[Adopted 5-27-1986 by Ord. No. 86-1 as Secs. 9.08 and 9.25
of the 1986 Municipal Code]
As used in this article, the following terms shall have the
meanings indicated:
The area within a building or structure which is licensed pursuant to Article I, Licensing, of this chapter, but not including parking lots, sidewalks, roadways or land which is adjacent to the building or structure and within the property boundary lines, unless authorized by the Village Board.
Any area held out to the public for the parking of motor
vehicles, whether such area is publicly or privately owned.
Any property, including buildings or structures thereon,
which is owned, leased or operated by the Village, or public, private
or parochial schools; public sidewalks; roadways and streets; playgrounds;
parks; and alleys.
[Amended by Ord. No. 87-5; 6-11-2013 by Ord. No.
13-1; 8-11-2020 by Ord. No. 20-2]
No person shall consume any fermented beverage or intoxicating
liquor in or upon any public property or public parking lot with the
exception of the picnic area at Wolf River Crossing Park.
[Amended by Ord. No. 87-5]
No person who has purchased fermented malt beverages or intoxicating
liquor from any licensed premises shall consume said beverages or
liquor outside of, but within the property boundary lines of, such
premises or be in possession of an open container thereof.
