[HISTORY: Adopted by the Village Board of the Village of Richfield 6-18-2009 by Ord. No. 2009-6-2 (Ch. 6 of prior Code). Amendments noted where applicable.]
The provisions of Ch. 125, Wis. Stats., relating to the sale of alcohol beverages, except §§ 125.09(6) and 125.11(1), Wis. Stats., including such amendments or renumbering of such statutes as may be made in the future, exclusive of any provisions thereof 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.
No licensee shall allow the consumption of fermented malt beverages or intoxicating liquor on any part of the licensed premises not enclosed within the building, except under permit granted by the Village Board. Application for permit may be made at the time of application for the fermented malt beverage or intoxicating liquor license or may be made at any time during the license year. Such permit may be revoked by the Board at its will at any time.
No person shall consume or have in his/her possession fermented malt beverages or intoxicating liquor on any unenclosed part of the licensed premises which is not described in such permit.
Applications. Any person desiring an unenclosed premises permit shall pay the permit fee and present to the Village Clerk or designee an application, in writing, on forms created by the Village Clerk or designee, giving the location of the premises to be licensed by street address, premises description, the name of the owner of such premises, the name of the lessee thereof, if any, the name of the person proposing to operate such unenclosed premises, the name of the manager to be in charge of such unenclosed premises, a description of other business to be conducted upon the licensed premises, and a statement of the nature of any entertainment to be furnished.
Investigation. Each application submitted in accordance with Subsection C shall be immediately transmitted by the Village Clerk or designee to the Richfield Volunteer Fire Company and Building Inspector. Said officers shall report, in writing, to the Village Board the result of their investigations and their recommendations on such application, and said application shall be presented for action by the Village Board at its next meeting.
Granting permit. A permit shall be granted to each applicant who shall be approved by a majority vote of the Village Board, except where otherwise provided in this Code, and shall be issued by the Village Clerk or designee and contain a specific description of the premises permitted and the name and address of the permitee. The permits shall be numbered, and such permit shall be posted conspicuously in the premises licensed at all times when in use. The Village Board shall have discretion to refuse the granting of any permit if, in its judgment, the granting of such permit shall be against public interests either because of unsuitability of the location, undesirability or unreliability of the applicant or manager, or because of the failure of such applicant or manager to observe provisions of this Code in the prior conduct of an unenclosed premises, tavern, or similar place.
Conditions. No unenclosed premises shall be permitted, maintained, or operated except in conformity with the following regulations:
Unless otherwise provided in this Code, any noise emanating from within the permitted area shall not violate the regulations of the Village Code pertaining to noise.
All unenclosed premises shall be sufficiently lighted to ensure the safety of patrons at all times when any patrons shall be therein and at all times when the same is open to the public.
Any lighting of the outdoor area of an unenclosed premises must be shielded so as not to shine directly onto adjoining property or create glare which is distracting to adjoining property owners or occupiers.
No permitee of an unenclosed premises shall be permitted to provide music, dancing, or singing from 10:00 p.m. to 10:00 a.m., unless specifically permitted by the Village Board.
No person under the legal drinking age shall be allowed in any unenclosed premises when such presence is contrary to state or location regulations.
Unenclosed premises must provide sufficient sanitation facilities to accommodate the anticipated capacity.
[Amended 7-21-2011 by Ord. No. 2011-7-2]
Required. Licenses and permits may be issued by the Village Clerk or designee under the authority of the governing body after payment of the appropriate fees and satisfaction of all conditions, which when so issued shall permit the holder to sell, deal or traffic in alcoholic beverages as provided in Ch. 125, Wis. Stats.
Fees. The license fees shall be set by the Village fee schedule.
Types of licenses.
There shall be the following classes and denominations of licenses which, when issued by the Village Clerk or designee under the authority of the Village Board after payment of the fee specified in the Village fee schedule, shall permit the holder to sell, deal or traffic in intoxicating liquor or fermented malt beverages as provided in §§ 125.17, 125.25, 125.26, 125.28(1) and (2) and 125.51(2), (3) and (3m), Wis. Stats.:
Class "A" fermented malt beverages license: fee for less than 12 months shall be prorated.
Class "B" fermented malt beverages license: fee for less than 12 months shall be prorated.
Class "B" picnic license under § 125.26(6), Wis. Stats.
"Class A" intoxicating liquor license: fee for less than 12 months shall be prorated.
"Class B" intoxicating liquor license: fee for less than 12 months shall be prorated.
Reserve "Class B" liquor license.
"Class C" wine license: fee for less than 12 months shall be prorated.
Provisional retail license.
Operator's license. The license shall be nonrefundable if the license is not issued.
Provisional operator's license.
Temporary operator's license.
A license may be issued on or after July 1 in any license year. The license shall expire on the following June 30. Licenses valid for six months may be issued at any time. The fee for the license shall be 50% of the annual license fee. The license may not be renewed during the calendar year in which it is issued.
License fees shall be established by resolution by the Village Board from time to time and added to the comprehensive fee schedule.
Conditions and restrictions. In addition to the requirements imposed by the statutes adopted by reference in § 110-1, the following conditions and restrictions shall apply to the issuance of licenses or permits pursuant to this chapter:
Review prior to approval. No license or permit shall be issued to any person, officer, or director of a corporation unless the application therefor shall first have been reviewed.
Tax delinquencies. No license shall be granted for operation on any premises upon which taxes or assessments are delinquent or other financial claims of the Village are unpaid.
No license or permit provided for in this chapter shall be issued without the approval of the Village Board.
Health and sanitation. No license shall be issued for any premises which does not conform to the sanitary, safety, and health requirements of the Department of Safety and Professional Services, State Department of Health Services, and all such ordinances and regulations adopted by the Village.
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.
Posting required. Licenses or permits issued under this chapter 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.
Search of licensed premises. It shall be a condition of any license issued under this chapter that the licensed premises may be entered and inspected at any reasonable hour by any law enforcement officer or other authorized officer of the Village without any warrant, and the application for a license under this chapter shall be deemed a consent to this subsection. Any refusal to permit such inspection shall be deemed a violation of this chapter.
Disorderly conduct. Each licensed premises shall at all times be conducted in an orderly manner, and no disorderly, riotous or indecent conduct shall be allowed at any time on any licensed premises.
Wearing apparel. All persons involved in the operation of any licensed premises under this chapter, whether as licensee, member of the immediate family of the licensee, licensed operator, unlicensed operator under the supervision of the licensee or licensed operator, waiter, waitress, entertainer, dancer or any other employee, shall observe the following applicable minimum standards for such licensed premises:
The costume, uniform, or attire of any female shall be of nontransparent material and must completely cover the breasts at all times. The lower portion of such costume, uniform, or attire must be of nontransparent material and completely cover the mons pubis, genitals and the buttocks at all times.
The costume, uniform, or attire of any male shall be of nontransparent material and must completely cover the pubic area, genitals, and buttocks at all times.
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 chapter revoked within 12 months prior to application.
Violation by agents or employees. A violation of this chapter by a duly authorized agent or employee of a licensee shall constitute a violation of the licensee.
Transfer of license. No license shall be transferable from person to person, except as provided by § 125.04(12)(b), Wis. Stats., or from place to place, except as provided in § 125.04(12)(a), Wis. Stats.
Revocation for failure to pay fee. If a license or permit is approved under this chapter and the required fee is not paid within 60 days after the date of approval, such failure to pay shall be grounds for denial, suspension, revocation, or nonrenewal of the approval of the license or permit in accordance with the provisions of this chapter and the laws of Wisconsin.
After-hours consumption prohibited. Consumption of alcohol beverages by any person, including any employee, on a licensed premises during hours when the premises are not open for business is prohibited.
Nonuse of license. If a license or permit issued under this chapter is not used within 60 days after its issuance, or its usage is discontinued for a period of 60 days or more, such nonuse shall be grounds for denial, suspension, revocation or nonrenewal of the license or permit in accordance with the provisions of this chapter and the laws of Wisconsin.
Retail "Class B" liquor license quota. The number of persons and places that may be granted a retail "Class B" liquor license under this chapter is limited as provided in § 125.51(4), Wis. Stats.
Revocation, suspension, and refusal to renew.
Procedure. The provisions of § 125.12(2) and (3), Wis. Stats., shall be applicable to proceedings for the revocation, suspension and refusal to renew all licenses granted under this chapter. Revocation or suspension proceedings may be instituted by the Village Board upon its own motion by adoption of a resolution.
Repossession. Whenever any license under this chapter shall be revoked or suspended pursuant to this section, it shall be the duty of the Village Clerk or designee to notify the licensee of such suspension or revocation and to notify the Washington County Sheriff's Department, who shall take physical possession of the license wherever it may be found and file it in the Village Clerk's office.
Effect of revocation. 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.
Procedure upon application.
The Village Board may issue an operator's license, which license shall be granted only upon application, in writing, on forms to be obtained from the Village Clerk's office only to persons 18 years of age or older. Operator's licenses shall be operative only within the limits of the Village.
All applications are subject to a background check by a licensing committee, comprised of the Village Clerk or designee, the Village President or his or her designee and the Washington County Sheriff's Deputy, to determine whether the applicant complies with all regulations, ordinances and laws applicable thereto. These authorities may conduct an investigation of the applicant, including but not limited to requesting information from the state, surrounding municipalities and/or any community where the applicant has previously resided concerning the applicant's arrest and conviction record. Based upon such investigation, the authorities may recommend denial.
Duration. Operators' licenses issued under the provisions of § 110-1 shall be valid for a period of one year and shall expire on June 30 each year.
Issuance or denial of operator's license.
After the Village licensing committee has recommended approval of the granting of an operator's license and the Village Board has approved the granting of an operator's license at a regular or special Village Board meeting, the Village Clerk or designee shall issue the license. Such licenses shall be issued and numbered in the order they are granted and shall give the applicant's name and address and the date of the expiration of such license.
If the application is recommended for denial by the Village licensing committee, and the Village Board denies the license at a regular or special Village Board meeting, the Village Clerk or designee shall, in writing, inform the applicant of the denial, the reasons therefor, and of the opportunity to request a reconsideration of the application by the Village Board. A request for reconsideration must be made, in writing, to the Village Clerk or designee within 30 days, or the opportunity for reconsideration and appeal shall be waived. Upon receipt of a timely request, the Village Clerk or designee shall provide notice of the reconsideration hearing by registered mail to, or served upon, the applicant at least 10 days prior to the Board's reconsideration of the matter. At such reconsideration hearing, the applicant may present evidence and testimony as to why the license should be granted.
If, upon reconsideration, the Board denies the application, the Village Clerk or designee shall notify the applicant, in writing, of the reasons therefor.
Consideration for the granting or denial of a license will be based on:
If a licensee is convicted of an offense substantially related to the licensed activity, the Village Board may act to revoke or suspend the license.
Display of license. Each license issued under the provisions of this subsection shall be posted on the premises whenever the operator dispenses beverages.
Revocation of operator's license. Violation of any of the terms or provisions of the state law or of this chapter relating to operators' licenses by any person holding such operator's license shall be cause for revocation of the license.
Provisional license. A provisional operator’s license may be issued by the Village Clerk or designee in accordance with § 125.17(5), Wis. Stats.
Editor's Note: Original § 6.03A, Closing hours, as amended 1-19-2012 by Ord. No. 2012-1-2, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 6.04, Nonintoxicating beverages, was repealed 4-18-2013 by Ord. No. 2013-4-3.