[HISTORY: Adopted by the Village Board of
the Village of Black Earth 5-1-1990 by Ord. No. 90-O-7 as § 10.02
of the 1990 Code. Amendments noted where applicable.]
Terms used in this chapter shall have the meanings
set forth in § 125.02, Wis. Stats., which is incorporated
herein by reference, including the following:
Fermented malt beverages and intoxicating liquor.
Any beverage made by the alcoholic fermentation of any infusion
in potable water of barley malt and hops, with or without unmalted
grains or decorticated and degerminated grains or sugar, containing
0.5% 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 0.5% or more of alcohol by volume,
which are beverages, but shall not include fermented malt beverages
as herein defined.
A person who has not attained the legal drinking age.
Products obtained from the normal alcohol fermentation of
the juice or must of sound, ripe grapes, other fruits or other agriculture
products, imitation wine, compounds sold as wine, vermouth, cider,
perry, mead and sake, if such products contain 0.5% or more of alcohol
by volume.
A.
When required. Except as provided in § 125.06, Wis. Stats., no person shall, within the Village of Black Earth, serve, sell, keep or offer for sale, manufacture, rectify, brew or engage in any other activities for which this chapter or Ch. 125, Wis. Stats., requires a license, permit or other authorization without having procured a license provided by this chapter and in compliance with the terms of § 125.04, Wis. Stats., as may be amended from time to time, which is hereby adopted by reference as if set forth fully herein.
B.
Separate license required for each place of sale.
Except for licensed public warehouses and as provided in § 125.04(9),
Wis. Stats., a separate license shall be required for each location
or premises where alcohol beverages are manufactured, stored, sold
or offered for sale.
C.
Fees. Upon application for a license for the sale
of fermented malt beverages or intoxicating liquors, such application
shall be accompanied by a full year's fee. However, in the event that
the term is less than one year, the licensee shall pay a fee equal
to the 1/12 of the full annual license fee for each month of the remaining
part of the license year.
No person shall sell or offer for sale within
the Village any alcohol beverage, fermented or unfermented, or any
liquid capable of being used for alcohol beverage purposes, without
first obtaining one of the following licenses:
A.
Class "A" license. A Class "A" retailer's license,
when issued by the Village Clerk-Treasurer under authority of the
Village Board, 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 original packages, containers
or bottles.
B.
Retail "Class A" license. A retail "Class A" license
shall permit its holder to sell, deal and traffic in intoxicating
liquors only in original packages or containers, in quantities of
not more than three wine gallons at any one time, to be consumed off
the premises so licensed, except that wine may be sold in the original
package or otherwise in any quantity.
C.
Class "B" license. A Class "B" retailer's license,
when issued by the Village Clerk-Treasurer under authority of the
Village Board, shall entitle the holder thereof to possess, sell or
offer for sale fermented malt beverages and nonintoxicating beverages.
D.
Retail "Class B" license. The Village of Black Earth
shall be governed by the provisions of § 125.51(3)(b), Wis.
Stats. Pursuant thereto, a retail "Class B" license shall permit its
holder to sell, deal and traffic in intoxicating liquors to be consumed
by the glass on the premises so licensed, or off the premises if the
licensee seals the container of intoxicating liquor with a tamper-evident
seal before the intoxicating liquor is removed from the premises.
The "Class B" license also authorizes the sale of intoxicating liquor
in the original package or container, in multiples not to exceed four
liters at any one time, to be consumed off the premises so licensed,
except that wine may be sold in the original package or otherwise
in any quantity to be consumed off the premises.
[Amended 7-7-2021 by Ord. No. 2021-07-01]
E.
Operator's license. An operator's license is issued for the purposes of complying with § 167-4 of this chapter and §§ 125.32(2), 125.68(2) and 125.17, Wis. Stats. Any operator's license shall be issued for two years, to expire on June 30 of even years, and shall not be transferable. The fee for such operator's license, including provisional license and temporary license, shall be $40. Licenses issued in the interim will expire in the even year and are issued at the rate of $40. Said license shall be subject to revocation upon conviction of the operator, or any person employed in the premises in which he operates while he is on duty, of a violation of any provision of this chapter.
[Amended 12-2-2003 by Ord. No. 03-O-14]
F.
Provisional operator's license. Any applicant for
a new or renewal operator's license who meets all licensing qualifications
and standards in § 125.04(5), Wis. Stats., and any guidelines
relating to disqualification established by the Village Board and
whose application for an operator's license has not been disapproved
by the Village Board shall, upon request and payment of the required
fee, be issued a provisional operator's license by the Village Clerk-Treasurer.
A provisional operator's license shall expire 60 days after issuance
or upon issuance of a regular operator's license, whichever is sooner,
unless sooner revoked by the Clerk-Treasurer for false statement in
the application.
G.
Temporary operator's license. A person employed by or donating his services to nonprofit corporations who meets the requirements for a regular operator's license under Subsection E may be issued a temporary operator's license valid for one to 14 days as specifically stated on the license. No person may hold more than one temporary operator's license in one year.
H.
Pharmacist's license. A pharmacist's license shall
permit the holder to sell intoxicating liquors in quantities of less
than four liters for medicinal, mechanical or scientific purposes
only, and not to be drunk on the premises.
I.
Picnic (temporary) Class "B" license. Such license
may be issued to bona fide clubs, fair associations or agricultural
societies, churches, lodges or societies that have been in existence
for at least six months before the date of application, or ex-servicemen's
organization or other groups, authorizing them to sell fermented malt
beverages and wine containing not more than 6% alcohol by volume at
a particular picnic or similar gathering, or at a meeting of any such
post, or during a fair conducted by such fair association or agricultural
society.
J.
Wholesaler's license. A wholesaler's license, when
issued by the Village Clerk-Treasurer under authority of the Village
Board to a domestic corporation or to persons of good moral character
who have been residents of the state for not less than one year prior
to the date of filing application therefor, shall entitle the holder
thereof to possess, sell and offer for sale fermented malt beverages
and nonintoxicating liquors for sale to another dealer.
A.
Operator's license. There shall be at all times upon
all premises operated under a "Class A," Class "A," "Class B" or Class
"B" license the licensee or person holding an operator's license.
For the purpose of this chapter, any member of the immediate family
of the licensee who has attained the legal drinking age shall be considered
as holding an operator's license. An operator's license may be granted
by the Village Board and shall be signed by the Village Clerk-Treasurer.
Application for such license shall be in writing and verified and
shall state the name, age and residence of the applicant and the name
of the license holder by whom he or she is to be employed.[1]
B.
Application. A written application for license shall
be filed with the Village Clerk-Treasurer upon forms provided by said
Village Clerk-Treasurer, accompanied by the license fee, and he shall
present said application and receipt to the Village Board.
(1)
Such application shall contain the name, residence
and age of the applicant, if an individual, or the names of the principal
officers, their residences and ages if the applicant is an association
or corporation. It shall contain the name or names of one or more
persons whom such corporation or association shall designate as manager
or person in charge, with the address or addresses of the same. Such
application shall further state such additional information as the
Village Clerk-Treasurer shall require.
(2)
Each application blank shall state that the applicant
consents to the entry of duly authorized representatives of the Village
of Black Earth at all reasonable hours for the purpose of inspection
and searching and consents thereby to the removal from said premises
of things and articles there had in violation of Village ordinances
or state laws and consents to the introduction of such things and
articles in evidence in any prosecution that may be brought for such
offense.
(3)
Such application shall be signed and sworn to by an
applicant, if an individual, and, if a corporation, then by the president
and secretary thereof before a notary public or other officer authorized
to administer oaths.
C.
Suitability of applicant. Consideration shall be given
to the moral character and financial responsibility of the applicant,
appropriateness of the location and premises where such licensed business
is to be conducted and generally the applicant's fitness for the trust
to be reposed.
D.
Restrictions on granting licenses. No license shall
be granted at or in any building, room or place in the Village of
Black Earth wherein for a second time any of the provisions of this
chapter or any of the provisions of any law relating to the sale,
possession, manufacture or transportation of alcohol beverages shall
hereafter be violated and the violator convicted therefor, for a period
of one year from and after the date of such second violation.
E.
Granting of licenses. Opportunity shall be given by the Village Board to any person to be heard for or against the granting of any license. Upon the approval of the application by the Village Board, the Village Clerk-Treasurer shall, upon payment of the license fee to the Village as herein provided, issue to the applicant an appropriate license as provided in § 167-3 of this chapter. Such license fees shall be paid to the Village Clerk-Treasurer, who shall then transfer said fees to the general village fund. The full license fee shall be charged for the whole or any fraction of a year except as provided in § 167-2C of this chapter. All licenses shall be numbered in the order in which they are issued and shall state clearly the specific premises for which granted, the date of issuance, the fee paid, the name of the licensee, and the class of the license.
F.
License posted. Licenses shall be posted in a conspicuous
place upon the licensed premises.
G.
Notice of refusal of license.
(1)
New license. If the Village Board decides not to issue
a new license under this chapter, it shall notify the applicant in
writing of the decision and the reasons for the decision.
(2)
Renewal. If the Village Board determines not to renew
any license issued under this chapter, it shall comply with § 125.12(3),
Wis. Stats., and notify the licensee prior to nonrenewal and provide
the licensee with an opportunity for hearing.
Any license granted under the provisions of
this chapter may be suspended or revoked for the violation of any
of the rules, regulations, ordinances or laws governing or applicable
to said license, in accordance with the procedures established under
§ 125.12(1) and (2), Wis. Stats.
[Amended 7-6-1994 by Ord. No. 94-O-1; 7-6-2004 by Ord. No. 04-O-8]
It shall be unlawful to permit slot machines
or other gambling devices upon any premises for which a license shall
have been issued hereunder.
A.
Class "A" license. No person, firm or corporation
holding a Class "A" license shall offer fermented malt beverages or
nonintoxicating beverages for sale during the period from 12:00 midnight
to 8:00 a.m. on any day of the week.
B.
Class "B" license. For on-premises consumption, no
premises for which a Class "B" license is issued may remain open between
the hours of 2:00 a.m. and 6:00 a.m., Monday through Friday, or between
2:30 a.m. and 6:00 a.m., Saturday and Sunday. On January 1, premises
operating under a Class "B" license are not required to close. Notwithstanding
the foregoing two sentences, hotels and restaurants, the principal
business of which is the furnishing of food and lodging to patrons,
bowling centers, indoor horseshoe-pitching facilities, curling clubs,
golf courses and golf clubhouses may remain open for the conduct of
their regular business but may not sell fermented malt beverages during
the hours previously specified in this subsection. On a premises for
which a Class "B" license is issued, no person may sell fermented
malt beverages, in an original unopened package, container or bottle,
or for consumption elsewhere, between the hours of 12:00 midnight
and 6:00 a.m.
[Amended 2-3-2004 by Ord. No. 04-O-3]
C.
"Class A" license. No person, firm or corporation
holding a "Class A" license shall offer intoxicating liquors for sale
during the period from 9:00 p.m. on any day of the week until 8:00
a.m. of the following day.
D.
"Class B" license. For on-premises consumption, no
premises for which a "Class B" license is issued may remain open between
the hours of 2:00 a.m. and 6:00 a.m., Monday through Friday, or between
2:30 a.m. and 6:00 a.m., Saturday and Sunday. On January 1, premises
operating under a "Class B" license are not required to close. Notwithstanding
the foregoing two sentences, hotels and restaurants, the principal
business of which is the furnishing of food and lodging to patrons,
bowling centers, indoor horseshoe-pitching facilities, curling clubs,
golf courses and golf clubhouses may remain open for the conduct of
their regular business but may not sell intoxicating liquor during
the hours previously specified in this subsection. On a premises for
which a "Class B" license is issued, no person may sell intoxicating
liquor, in an original unopened package, container or bottle, or for
consumption elsewhere, between the hours of 12:00 midnight and 6:00
a.m.
[Amended 2-3-2004 by Ord. No. 04-O-3]
No licensee, permittee or operator shall permit
any patron to leave a licensed premises with an open container containing
any alcohol beverage.
[1]
Editor's Note: Former § 167-10, Outdoor eating and
drinking areas or beer gardens, added 7-13-1999 by Ord. No. 99-O-2,
was repealed 10-1-2013.
[Amended 7-6-1994 by Ord. No. 94-O-1]
A.
Except as provided in Subsection B, any person, firm or corporation violating any of the provisions of this chapter, except § 167-6, shall, upon conviction thereof, pay a forfeiture of not less than $25 nor more than $500, together with the costs of prosecution, and in default of payment thereof may be imprisoned in the county jail, not to exceed 90 days. Each day in which a violation occurs or continues shall constitute a separate offense.
