[HISTORY: Adopted by the Village Board of
the Village of Superior 3-8-2001 by Ord. No. 1. Amendments
noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 280.
The provisions of Chapter 125 of the Wisconsin
Statutes and also all acts amendatory thereof and supplementary thereto
relating to the sale of intoxicating liquor and fermented malt beverages
are adopted as a portion of this chapter so far as applicable, except
as otherwise lawfully provided by Village ordinance.
A.
The Village of Superior, Wisconsin, elects to issue
the following classes of licenses for the sale of fermented malt beverages:
B.
The Village of Superior, Wisconsin, elects that only
the following license is issued for the sale of intoxicating liquor:
"Class B" license for the sale of intoxicating liquor under § 125.51(3)(e),
Wis. Stats.; a yearly fee of $500.
A.
The Village Clerk-Treasurer will issue these licenses
under authority of the Board of Trustees.
B.
All liquor and beer licenses must be framed and posted
in the room where the business is carried on. Everyone visiting the
business must be able to easily see the licenses in that room. Any
related permits and licenses should be posted with the alcohol beverage
license.
A.
Village Board action is required to issue or
renew a license. Nothing in this chapter shall be interpreted as requiring
the Village Board to issue or renew any license.
In determining whether an applicant should receive
a license, consideration shall be given to the moral character and
financial responsibility of the applicant, the appropriateness of
the location and premises proposed, the applicant's fitness for the
trust to be reposed and such other factors as the Village Board may
deem significant.
No license authorized by this chapter shall
be issued or renewed to any corporation or partnership which has not
first filed with the office of the Village Clerk-Treasurer an original
alcohol beverage license application or a renewal application.
Any license or permit authorized by this chapter
may be issued or renewed with conditions by the Village Board.
Premises licensed pursuant to this chapter shall
at all times be kept and used in a legal, orderly, safe and sanitary
manner in conformity with all building, fire and other regulations,
ordinances and statutes. No disorderly, riotous, illegal or indecent
conduct shall be allowed at any time on any licensed premises. The
license holder shall keep sidewalks, curbs, gutters and boulevards
lying adjacent to a licensed premises reasonably free of debris and
litter. The license holder shall keep such parking lots and other
land used in conjunction with a licensed premises reasonably free
of debris and litter.
A.
No person shall remain or loiter in any public or
private place with the knowledge that any alcoholic beverage is being
sold, dispensed, given away or made available to persons under the
age of 21 unless all persons present under the age of 21 are accompanied
by a parent, legal guardian or spouse who is at least 21 years of
age or unless such presence is allowed by Wisconsin Statutes.
B.
No person who is 21 years of age or older shall knowingly
permit any person under the age of 21 to enter, remain or loiter in
any premises, public or private, under his or her control, where alcoholic
beverages are served, sold, dispensed, given away or made available
to persons under the age of 21, unless all persons present under the
age of 21 are accompanied by a parent, legal guardian or spouse 21
years of age or older or unless such presence is allowed by Wisconsin
Statutes.
For purposes of enforcement of this chapter,
a violation of this chapter or of any other law by a duly authorized
agent or an employee of a licensee under this chapter shall constitute
a violation by the licensee.
No cabaret license shall be issued except in
conjunction with a "Class B" liquor license, unless the Village Board
grants an exception. A cabaret license when issued by the Village
of Superior shall entitle the holder thereof to give, permit, produce,
present, conduct and offer entertainment or exhibitions consisting
of music, dancing, singing, floor shows and cabaret performances only
upon the licensed premises.
A cabaret license may be suspended or revoked
by the Village Board for violation of any of the rules, regulations
or laws governing or applying to cabaret premises or premises licensed
to sell alcohol beverages as a tavern. The procedures set forth in
§ 125.12(2) and (3), Wis. Stats., shall apply in any revocation,
suspension, or nonrenewal of a cabaret license.
Licensee shall provide liability insurance in
an amount acceptable to the Village Attorney prior to issuance of
such a license.
Any person, license holder, agent, firm or corporation violating any of the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, § 1-4, General penalty, of the Code of the Village. In addition to any such forfeiture, assessments and costs, any license or permit issued under this article may be revoked, suspended or not renewed by the Village Board upon any violation of this chapter by the license or permit holder, the licensee's agents or employees.
In addition to any other grounds for revoking,
suspending or not renewing a license, any license issued under this
chapter may be suspended, not renewed or revoked for cause arising
from the location, management, employees or clientele of the licensed
premises. Cause for revocation, nonrenewal or suspension includes
noise, nuisances, traffic congestion, litter, vandalism, disorderly
behavior, unlawful acts or other activity or condition detrimental
to the public health, safety and welfare, and includes any occurrence
or condition on the premises and on such street and properties which
are in proximity to the premises. The Village Board may revoke, not
renew, or suspend the license of any person who commits an offense
substantially related to the activity for which the licensee is licensed.[1]
A.
No premises for which a Class "B" license or permit
is issued may remain open between the hours of 2:00 a.m. and 6:00
a.m. On Saturday and Sunday, the closing hours shall be between 2:30
a.m. and 6:00 a.m., except that on the Sunday that daylight saving
time begins, as specified in § 175.095(2), Wis. Stats.,
the closing hours shall be between 3:30 a.m. and 6:00 a.m. On January
1, premises operating under a Class "B" license or permit are not
required to close.[1]
B.
Customers must leave the premises by the closing hour;
internal business operations (counting cash, cleaning, repairs, etc.)
may be done after hours, but licensees must be able to prove that
anyone on the premises after hours is there for these purposes.
Any license issued pursuant to this chapter
shall be subject to such further regulations and the Village Board
may impose restrictions as by amendment of this chapter or by enactment
of new ordinances. Failure to comply with such new restrictions or
regulations shall subject the license to suspension or revocation.