Unless otherwise indicated, fees for licenses
issued under this chapter shall be as follows:
A. Class "A" fermented malt beverage retailer's license:
$25 per year or fractional part thereof.
B. Class "B" fermented malt beverage retailer's license:
$100 per year or fractional part thereof.
(1) Special event: $10 per day.
C. Wholesaler's fermented malt beverage license: $25
per year or fractional part thereof.
D. Retail "Class A" intoxicating liquor license: $500
per year or fractional part thereof.
E. Retail "Class B" intoxicating liquor license: $500
per year or fractional part thereof.
F. Retail club Class "B" fermented malt beverage license:
$75 per six months or fractional part thereof.
G. Pharmacists: $10 per year or fractional part thereof.
H. Operators.
(1) Regular: $10 per year or fractional part thereof.
(2) Temporary operator's license. The Village Board may
issue temporary operator's licenses to operators employed by, or donating
their services to, nonprofit corporations or organizations. No person
may hold more than one such license per year, and the license shall
be valid for not less than one nor more than 14 days. The period the
license is valid shall be stated on the face of the license. The fee
for such license shall be $10 per year.
As used in this chapter, the following terms
shall have the meanings indicated:
BREWER
Any person who manufactures fermented malt beverages for
sale or transportation.
CLUB
An organization, whether incorporated or not, which is the
owner, lessee or occupant of a building or portion thereof used exclusively
for club purposes, which is operated solely for a recreational, fraternal,
social, patriotic, political, benevolent or athletic purpose but not
for pecuniary gain and which only sells alcohol beverages incidental
to its operation.
FERMENTED MALT BEVERAGES
Any beverage made by the 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.
HOTEL
All places where accommodations are offered for pay to transients,
in five or more rooms, and all places used in connection therewith.
[See s. 254.61(3), Wis. Stats.]
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% of alcohol by weight.
LICENSE
An authorization to sell alcohol beverages issued by the
Village Board under this chapter. Licenses issued under this chapter
are described as follows:
B.
CLASS "B" FERMENTED MALT BEVERAGE LICENSEAuthorizes retail sales of fermented malt beverages to be consumed whether on the premises where sold or off the premises. Persons holding a Class "B" fermented malt beverage license may sell beverages containing less than 0.5% of alcohol by volume without obtaining a license under s. 66.053(1), Wis. Stats.
C.
SPECIAL EVENTA 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 application or to posts of veterans' organizations, authorizing them to sell fermented malt beverages 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.
F.
RETAIL "CLASS B" INTOXICATING LIQUOR LICENSEAuthorizes retail sales of intoxicating liquor for consumption on the premises where sold by the glass and not in the original package or container, and 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 where sold. Wine may be sold for consumption off the premises in the original package or otherwise in any quantity.
G.
OPERATOR'S LICENSEA license which authorizes a person 18 years of age or older to serve or sell alcohol beverages in any place operated under a Class A or Class B license or permit without the immediate supervision of the licensee or agent or a person holding an operator's license on the premises at the time.
H.
RESERVE "CLASS B" LICENSEA license that is not granted or issued on December 1, 1997, and is counted under s. 125.51(4)(br), Wis. Stats., which authorizes the retail sale of intoxicating liquor for consumption on the premises where sold by the glass to be consumed on the licensed premises or in the original package or container in multiples not to exceed four liters at any one time and to be consumed off the licensed premises, except that wine may be sold in the original container or otherwise in any quantity to be consumed off the premises.
[Added 9-1-1998]
I.
RETAIL "CLASS C" WINE LICENSEAuthorizes the retail sale of wine by the glass or in an opened original container for consumption on the premises where sold (s. 125.51(3M), Wis. Stats.). This license is approved by the Village Board and issued by the Clerk or his/her Deputy; fee would be consistent with the maximum allowable by State statute.
[Added 1-17-2005 by Ord. No. 02-2005]
J.
PROVISIONAL RETAIL LICENSEAuthorizes a person who has applied for a Class "A", Class "B", "Class A", "Class B" or "Class C" license to carry out only the activities that the type of retail licenses applied for authorizes (s. 125.185(2), Wis. Stats.). A provisional license expires 60 days after its issuance or when the regular license is issued to the holder, whichever is sooner. This license is approved by the Village Board and issued by the Clerk or his/her Deputy. No provisional license may be issued which would exceed the permitted quota of any license; fee would be consistent with the maximum allowable by state statute.
[Added 1-17-2005 by Ord. No. 02-2005]
MANUFACTURER
A person, other than a rectifier, who ferments, manufactures,
or distills intoxicating liquor.
PEACE OFFICER
A sheriff, undersheriff, deputy sheriff, police officer,
constable, marshal, deputy marshal, or any employee of the Department
of Revenue or the Department of Justice authorized to act under Ch.
125 or Ch. 134, Wis. Stats.
PERMIT
Any permit issued by the Department of Revenue under Ch.
125, Wis. Stats.
PERSON
A natural person, sole proprietorship, partnership, corporation
or association.
PREMISES
The area described in a license or permit.
REGULATION
Any rule or ordinance adopted by the Village Board.
RESTAURANT
Any building, room or place where meals or lunches are prepared,
served or sold to transients or the general public, and all places
used in connection therewith. [See s. 254.61(5), Wis. Stats.]
RETAILER
Any person who sells, or offers for sale, any alcohol beverages
to any person other than a person holding a permit or license under
this chapter.
SELL, SOLD, SALE, OR SELLING
Any transfer of alcohol beverages for a consideration or
any transfer without consideration if knowingly made for purposes
of evading the law relating to the sale of alcohol beverages, or any
shift, device, scheme or transaction for obtaining alcohol beverages,
including the solicitation of orders for or the sale for future delivery
of alcohol beverages.
VILLAGE
The Village of Cottage Grove, Wisconsin.
WHOLESALER
A person, other than a brewer, manufacturer or rectifier,
who sells alcohol beverages to a licensed retailer or to another person
who holds a permit or license to sell alcohol beverages at wholesale.
WINE
Products obtained from the normal alcohol fermentation of
the juice or must of sound, ripe grapes, other fruits or other agricultural
products, imitation wine, compounds sold as wine, vermouth, cider,
perry, mead and sake, if such products contain 1/2 of 1% or more of
alcohol by volume.
[Amended 7-16-2012 by Ord. No. 08-2012]
Except as otherwise specified herein, the provisions
of Ch. 125, Wis. Stats. (with the exception of any section which provides
for penalties above and beyond authority of the Village Code) are
hereby adopted and made a part of the Village of Cottage Grove Municipal
Code as if they were fully reprinted herein. A violation of any such
provisions shall constitute a violation of this section.
[Amended 3-19-2001 by Ord. No. 01-2001]
All licenses shall be numbered in the order
in which they are granted, the date of issuance, the fee paid and
the name of the licensee and, unless sooner revoked, shall expire
on June 30 thereafter except as otherwise provided.
Every Class A and B license issued under this
chapter shall be posted and at all times displayed as provided in
s. 125.04(10), Wis. Stats. No person shall post such license or permit
any other person to post it upon premises other than those mentioned
in the application, or deface or destroy such license.
Before renewal of any license issued under this
chapter is refused, the licensee shall be given written notice of
any charges or violations against him or her or the reasons proposed
for nonrenewal and a copy of any proposed motion for nonrenewal and
shall have an opportunity to be heard before the Village Board on
such motion.
If a Class A or B license issued hereunder is
not used within 15 days after its issuance, or if after its issuance
its usage is discontinued for a period of 15 days or more, the license
may be canceled by the Village Board. If any license issued under
this chapter is revoked for cause or is voluntarily surrendered, no
refund shall be made of any part of the license fee.