[Adopted as §§ 6-2-1 to 6-2-14 of the 1985 Code]
The provisions of Ch. 125, Wis. Stats., defining and regulating the sale, procurement, dispensing and transfer of beverages, including provisions relating to the penalty to be imposed or the punishment for the violating of such statutes, are adopted and made a part of this section by reference. A violation of any such provision shall constitute a violation of this section.
A. 
When required. No person, except as provided by § 125.06, Wis. Stats., shall within the Village of Westfield serve, sell, manufacture, rectify, brew or engage in any other activity for which this article or Ch. 125, Wis. Stats., requires a license, permit or other authorization without holding the appropriate license, permit or other authorization as provided in this article.
B. 
Separate license required for each place of sale. Except for licensed public warehouses, a license shall be required for each location or premises which is in direct connection or communication with each other where intoxicating liquor or fermented malt beverages are stored, sold or offered for sale.
[Amended 6-9-1998; 5-8-2007 by Ord. No. 10:07]
The following classes and denominations of licenses may be issued by the Village Clerk-Treasurer under the authority of the Village Board after payment of the fee as set by the Village Board, which licenses when so issued shall permit the holder to sell, deal or traffic in alcohol beverages as provided in §§ 125.17, 125.25, 125.26 and 125.28, Wis. Stats. The fee for a license for less than one year shall be prorated as required by Ch. 125, Wis. Stats.
A. 
Class "A" fermented malt beverage retailer's license.
B. 
Class "B" fermented malt beverage retailer's license.
(1) 
Six-month license. A license may be issued at any time for six months in any calendar year, for which 50% of the applicable license fee shall be paid, but such license shall not be renewable during the calendar year in which issued.
(2) 
Picnic license. Section 125.26(6), Wis. Stats.
C. 
Wholesaler's fermented malt beverage license.
D. 
Retail "Class A" liquor license.
E. 
Retail "Class B" liquor license.
(1) 
A license may be issued after July 1 in any license year. The license shall expire on the following June 30. The fee for the license shall be prorated according to the number of months or fraction thereof remaining until the following June 30.
(2) 
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 issued.
F. 
Operator's license. Operators' licenses may be granted to individuals by the Village Board for the purpose of complying with §§ 125.32(2) and 125.68(2), Wis. Stats. Operators' licenses shall be valid for one year and shall expire on June 30 of each year.
G. 
Temporary operator's license for nonprofit organizations under § 125.17(4), Wis. Stats., for less than 14 days. A temporary operator's license may be granted to an individual by the Chief of Police.
H. 
Provisional operator's license, valid for a maximum of 60 days or when a license under § 125.17(1), Wis. Stats, is issued to the holder, whichever is sooner. Application under § 125.17(5) and (6), Wis. Stats., shall be referred to the Chief of Police, who shall after investigation and within 72 hours either approve or disapprove issuance of the provisional license.
A. 
Form. Application for a license to sell or deal in intoxicating liquor or fermented malt beverages shall be in writing on forms prescribed by the State Department of Revenue, or governing body for operators' licenses, and filed with the Village Clerk-Treasurer. The premises shall be physically described, including every room and storage space to be covered by the license and including all rooms joined by connecting entrances or not separated by a solid wall.
B. 
Application to be notarized. Applications shall be signed and sworn to by the applicant as provided by § 887.01, Wis. Stats.
C. 
Duplicate. Upon approval a duplicate copy of each application shall be forwarded by the Village Clerk-Treasurer to the State Department of Revenue.
A. 
Statutory requirements. Licensees shall comply with all requirements of Ch. 125, Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Location. 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 the premises covered by the license. This subsection shall not apply to premises licensed as such on June 30, 1947, nor shall it apply to any premises licensed as such prior to the occupation of real property within 300 feet thereof by any school building, hospital building or church building.
C. 
Violators of liquor or beer laws or ordinances. No retail Class "A," Class "B," "Class A" or "Class B" license shall be issued to any person who has been convicted of a violation of any federal or state liquor or fermented malt beverage law or the provisions of this article during one year period to such application. A conviction of a member of a partnership or the partnership itself shall make the partnership or any member thereof ineligible for such license for one year.
D. 
Health and sanitation requirements. No retail Class "A" license shall be issued for any premises which does not conform to the sanitary, safety and health requirements of the State Department of Commerce pertaining to buildings and plumbing, to the rules and regulations of the State Department of Health and Family Services applicable to restaurants and to all such ordinances and regulations adopted by the Village.
E. 
License quota. The number of persons and places that may be granted a retail "Class B" liquor license under this article is limited as provided in § 125.51(4), Wis. Stats.
F. 
Corporations. No license shall be granted to any corporation when more than 50% of the voting stock interest, legal interest or beneficial interest is held by any person or persons not eligible for a license under this article.
G. 
Age requirement. No license hereunder shall be granted to any underage person, except that an operator's license may be issued to a person 18 years of age or older.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
Effect of revocation of license. Whenever any license has been 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 another license shall be granted to the person whose license was revoked.
I. 
Delinquent taxes, assessments and claims. No license shall be granted for any premises for which taxes, assessments or other claims of the Village are delinquent or unpaid or to any person delinquent in payment of such claims to the Village.
J. 
Issuance for sales in dwellings prohibited. No license shall be issued to any person for the purpose of possessing, selling, or offering for sale any alcohol beverages in any dwelling house, flat or residential apartment.
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 and the name of the licensee and, unless sooner revoked, shall expire on June 30 thereafter except as otherwise provided. The Village Clerk-Treasurer shall affix her affidavit.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
As to person. No license shall be transferable as to licensee except as provided by § 125.04(12), Wis. Stats.
B. 
As to place. Licenses issued pursuant to this article may be transferred as provided in § 125.04(12), Wis. Stats. Application for such transfer shall be made on blanks furnished by the State Department of Revenue. Proceedings for transfer shall be had in the same manner and form as the original application.
Every license or permit required under this article shall be framed and posted and at all times displayed as provided in § 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 knowingly deface or destroy such license.
A. 
Gambling and disorderly conduct prohibited. Each licensed and permitted 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 such premises.[1]
[1]
Editor's Note: Original § 6-2-9(b), Employment of minors, which immediately followed this subsection, was repealed 5-8-2007 by Ord. No. 10:07.
B. 
Sales by clubs. No club shall sell intoxicating liquors or fermented malt beverages except to members and guests invited by members.
C. 
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.
A. 
No premises for which an alcohol beverage license has been issued shall remain open for the sale of alcohol beverages:
(1) 
If a wholesale license, between 5:00 p.m. and 8:00 a.m., except on Saturday when the closing hour shall be 9:00 p.m.
(2) 
If a Class "A" license as described in § 310-3 herein, between 12:00 midnight and 6:00 a.m.
[Amended 1-10-2012 by Res. No. 12:01]
(3) 
If a retail "Class A" license as described in § 310-3 herein, between 9:00 p.m. and 8:00 a.m.
(4) 
If a retail Class "B" or "Class B" license, between 2:00 a.m. and 6:00 a.m., Monday through Friday, and between 2:30 a.m. and 6:00 a.m., Saturday and Sunday. No package, container or bottle sales may be made after 12:00 midnight.
[Amended 1-19-1989; 5-8-2007 by Ord. No. 10:07]
B. 
Hotels and restaurants whose principal business is the furnishing of food or lodging to patrons, and bowling alleys and golf courses, may remain open for the conduct of their regular business but no intoxicating liquors or fermented malt beverages shall be sold during prohibited hours.
A. 
Procedure. Whenever the holder of any license under this article violates any portion of this article, proceedings for the revocation or suspension of such license may be instituted in the manner and under the procedure established by § 125.12, Wis. Stats., and the provisions therein relating to granting a new license shall likewise be applicable.
B. 
Automatic revocation. Any license issued under the provisions of this article shall stand revoked without further proceedings upon the conviction of a licensee or employee, agent or representative thereof for a second offense under this article or for a violation of Ch. 125 or 139, Wis. Stats., or any other state or federal liquor or fermented malt beverage laws.
C. 
Effect of revocation. See § 310-5H of this article.
Before renewal of any license issued under this article is refused, the licensee shall be given written notice of any charges or violations or the reason proposed for nonrenewal and a copy of any proposed motion for nonrenewal and shall have the opportunity to be heard before the Village Board.
A violation of this article by an authorized agent or employee of a licensee shall constitute a violation by the licensee.
Notwithstanding any previous provisions of this article, in the event that there is a conflict between this article and the Wisconsin Statutes, the Wisconsin Statutes shall apply and shall take preeminence over this article.