[HISTORY: Adopted by the Village Board of the Village of
Fox Point as Ch. 125 of the 1961 Code. Amendments noted where applicable.]
A.
Chapter 125 of the Wisconsin Statutes relating to the use and sale
of alcohol beverages, exclusive of any provisions providing for a
fine or imprisonment for violating the same, is hereby adopted and
by reference made a part of this chapter with the same force and effect
as though set forth herein verbatim.[1]
B.
Any action required to be performed or prohibited by Ch. 125, Wis.
Stats., is required or prohibited by this chapter. Any future amendments,
revisions or modifications of Ch. 125, Wis. Stats., are intended to
be made a part of this chapter. A copy of Ch. 125, Wis. Stats., and
any future amendments thereto, shall be kept on file in the office
of the Village Clerk/Treasurer or elsewhere in the Village offices
in the Village Hall.
A.
Subject to the exceptions stated in § 125.06, Wis. Stats.,
no person shall vend, sell, deal or traffic in alcohol beverages in
any quantity, or cause the same to be done, without having procured
a license as provided in this chapter, nor without complying with
all the provisions of this chapter, and all statutes, ordinances and
regulations applicable thereto, except where the Wisconsin Statutes
provide that a license is not necessary.
B.
A license is required for each stand, place, room or enclosure or
for each suite of rooms or enclosures which are in direct connection
or communication to each other where alcohol beverages are kept, sold
or offered for sale. No license shall be issued to any person for
the purpose of possessing, selling or offering for sale any alcohol
beverage in any dwelling house, flat or residential apartment.
C.
No person shall give away any alcohol beverage for the purpose of
evading any law or ordinance.
There shall be the following classes of licenses which, when issued by the Village Clerk/Treasurer under the authority of the Village Board after payment of the fee specified in § 445-4, shall permit the holder to sell, deal or traffic in alcohol beverages as follows:
A.
Class "A" fermented malt beverage retailer's license. A Class
"A" fermented malt beverage retailer's license 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 the original packages, containers or bottles.
B.
Class "B" fermented malt beverage retailer's license. A Class
"B" fermented malt beverage retailer's license shall entitle
the holder thereof to possess, sell or offer for sale fermented malt
beverages whether to be consumed upon the premises where sold or away
from such premises. The holder may also sell beverages containing
less than 1/2 of a percentum of alcohol by volume without obtaining
a special license to sell such beverages.
C.
"Class A" retail intoxicating liquor license. A "Class A" retail
intoxicating liquor license shall permit its holder to sell, deal
and traffic in intoxicating liquors only in original packages or containers
to be consumed off the premises so licensed.
D.
"Class B" retail intoxicating liquor license. A "Class B" retail
intoxicating liquor license shall permit its holder to sell, deal
and traffic in intoxicating liquors to be consumed by the glass only
on the premises so licensed, and in the original package or container
in multiples not to exceed four liters at any one time to be consumed
off the premises, except that wine may be sold in the original package
or otherwise in any other quantity to be consumed off the premises.
E.
Reserve "Class B" liquor license. Reserve "Class B" liquor licenses
are those licenses available under the quota system existing before
December 1, 1997, that were not granted or issued by the Village as
of December 1, 1997. A reserve "Class B" liquor license shall permit
its holder to sell, deal and traffic in intoxicating liquors to be
consumed by the glass only on the premises so licensed, and in the
original package or container in multiples not to exceed four liters
at any one time to be consumed off the premises, except that wine
may be sold in the original package or otherwise in any other quantity
to be consumed off the premises.
F.
Temporary Class "B" (picnic) fermented malt beverage license. A temporary
Class "B" (picnic) fermented malt beverage license shall permit the
holder thereof to sell fermented malt beverages (including wine coolers
with a fermented malt beverage base) to consumers at a picnic or similar
gathering of limited duration for only those dates approved by the
Village Board. Such licenses may be issued only to bona fide clubs,
to county or local fair associations or agricultural societies, to
churches, lodges or societies that have been in existence for at least
six months and to veterans' organizations pursuant to § 125.26(6),
Wis. Stats.
G.
"Class C" wine license. A "Class C" wine license shall permit the
holder thereof to sell wine by the glass or in an opened original
container for consumption on the premises where sold.
(1)
A "Class C" wine license may be granted to an applicant only if:
(a)
The applicant meets the qualifications set forth in § 125.04(5),
Wis. Stats., for other retail licenses;
(b)
The license is for a restaurant in which the sale of alcohol beverages
accounts for less than 50% of gross receipts;
(c)
The restaurant does not have a barroom; or
(d)
The restaurant has a barroom in which wine is the only intoxicating
liquor sold.
The Village Clerk/Treasurer or Village Manager may issue a provisional retail license to a person who has applied for a Class "A," Class "B," "Class A," "Class B" or "Class C" license which authorizes only the activities that the type of retail license applied for authorizes, in accordance with § 125.185, Wis. Stats., for a nonrefundable fee per license issued, as provided in Chapter 63, Fees. The provisional retail license shall expire 60 days after its issuance or when a Class "A," Class "B," "Class A" or "Class B" license is issued to the holder, whichever is sooner. The Village Clerk/Treasurer or Village Manager may revoke a provisional retail license if it is determined that the holder of the license made a false statement on the application. The Village Clerk/Treasurer or Village Manager may not issue a provisional "Class B" license if the Village's quota under § 125.51(4), Wis. Stats., prohibits the issuance of a "Class B" license. No person may hold more than one provisional retail license for each type of license applied for by the holder, per year.
A.
The Village Clerk/Treasurer
or the Village Manager may issue an operator's license if the applicant
applies, in writing, meets the requirements of Ch. 125, Wis. Stats.,
and after payment of a nonproratable fee in an amount to be determined
by the Village Board from time to time for a two-year period to end
on June 30. If an applicant is denied an operator's license, said
applicant has the option to appeal the denial to the Village Board
of the Village of Fox Point. All written applications for an operator's
license shall be filed with the Village Clerk/Treasurer at least 10
days prior to the granting of said license.
B.
Provisional operator's license. The Village Clerk/Treasurer or Village Manager may issue a provisional operator's license in accordance with § 125.17(5), Wis. Stats., for a nonrefundable fee per license issued, as provided in Chapter 63, Fees. The provisional operator's license shall expire 60 days after its issuance or when an operator's license is issued to the holder, whichever is sooner. A provisional operator's license may not be issued to any person who has been denied an operator's license by the Village Board or who has had an operator's license revoked or suspended within the preceding 12 months. The Village Clerk/Treasurer or Village Manager may revoke a provisional operator's license if it is determined that the holder of the license made a false statement on the application.
A.
The number of liquor licenses that have been or may be granted shall
be determined as to "Class A" retail intoxicating liquor licenses
and "Class B" retail intoxicating liquor licenses as provided from
time to time by governing state law. In addition thereto, such licenses
may be granted to restaurants as defined in § 125.02(18),
Wis. Stats., and clubs as defined in § 124.02(4), Wis. Stats.
There shall be no advertising or display of alcohol beverages or that
the licensee has the right to serve the same on the exterior of the
licensed premises, or in the interior of the licensed premises located
in such a place that it is visible from a public street or any adjoining
premises.
B.
The number of Class "A" fermented malt beverage retailer's licenses and Class "B" fermented malt beverage retailer's licenses and reserve "Class B" intoxicating liquor licenses shall be as from time to time allowed by state law, except that in addition thereto, such licenses may be granted to restaurants and clubs as provided in Subsection A above.
C.
Reserve "Class B" intoxicating liquor license: four. If the Village
has reached its quota as to regular "Class B" liquor licenses or reserve
"Class B" liquor licenses, the Village may still grant a regular "Class
B" liquor license to:
(1)
A full-service restaurant that has a seating capacity of 300 or more
persons; or
No retail "Class B" or reserve "Class B" license shall be issued
unless the premises to be licensed conforms to the sanitary, safety
and health requirements of the State Building Code, the State Plumbing
Code, and the rules and regulations of the State Department of Health
Services applicable to restaurants as contemplated in § 125.68(5),
Wis. Stats., and also conforms to all ordinances and regulations adopted
by the Village.
Every Village police officer, Building Inspector, Health Officer,
and fire fighter serving the Village shall at all times have the right
to enter and inspect the premises for which a retail "Class B" license
has been applied for or is in effect to determine whether or not the
premises complies with the provisions of this chapter. Refusal or
failure to admit any such officer, employee or agent of the Village
to enter and inspect the premises shall constitute a violation of
this chapter.
Closing hours shall be as prescribed by § 125.68(4),
Wis. Stats., for the sale of intoxicating liquor and as prescribed
by § 125.32(3), Wis. Stats., for the sale of fermented malt
beverages.
No initial or renewal alcohol beverage license shall be granted
for any premises for which taxes, assessments, utility bills or other
claims of the Village are delinquent and unpaid. No initial or renewal
of a liquor license shall be granted to any person who is delinquent
in payment of any taxes, assessments, utility bills or other claims
owed to the Village and/or is delinquent in payment of a forfeiture
resulting from a violation of any ordinance of the Village.
A.
Forfeitures for violations of §§ 125.07(1) to (4) and 125.09(2), Wis. Stats., adopted by reference in § 445-1 of this chapter, shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable state statute, including any variations or increases for subsequent offenses.
C.
Nothing herein shall preclude or affect the power of the sentencing
court to exercise additional authorities granted by the Wisconsin
Statutes.
