Village of Hobart, WI
Brown County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Hobart as indicated in article histories. Amendments noted where applicable.]
[Adopted as § 5.5 of the 2000 Code]
A. 
Title: "Regulation and Licensing of Fermented Malt Beverages and Intoxicating Liquor."
B. 
Adoption. The provisions of Chapter 125 of the Wisconsin Statutes, as now existing and as the same may hereafter be amended, are hereby adopted and made part of this article of the Village of Hobart Code (the "Code") by reference. In the event a conflict exists between Chapter 125 of the Wisconsin Statutes and this article of the Code, Chapter 125 shall control.
Whereas, the Wisconsin Statutes, and in particular § 61.34 and Chapter 125 thereof, grant the Village Board the power to regulate the sale of fermented malt beverages and intoxicating liquors; and, whereas, the Village of Hobart is predominantly a residential community with a small business district and provides limited fire and police protection; now then, the Village Board deems it to be in the best interests of the Village and for the health, safety, welfare, convenience and morality of the public to regulate the sale of fermented malt beverages and intoxicating liquors in the Village of Hobart.
See Chapter 125, § 125.02, of the Wisconsin Statutes for additional definitions. The following terms used in this article shall have the meanings indicated in this section:
COMMON AREA
Any area within any building or other structure in which the area for the sale, offer for sale, or display for sale of any fermented malt beverages and/or intoxicating liquor is not separated from the area for the sale, offer for sale, or display for sale of any nonrelated goods, product, thing or service by a solid floor-to-ceiling wall which contains no door, window or other opening which is capable of allowing any person or thing to pass from either area to the other, unless the same is a secondary doorway which serves solely as a safety exit.
FERMENTED MALT BEVERAGES
Any liquor or liquid capable of being used for beverage purposes made by the alcoholic 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.
INTOXICATING LIQUOR
Any ardent, spirituous, distilled, or vinous liquors, liquids, or compounds, whether medicated, proprietary, patented, or not, by whatever name called, containing 1/2 of 1% or more of alcohol by volume, which are fit for use for beverage purposes, but shall not include fermented malt beverages which contain less than 5% of alcohol by weight.
PEACE OFFICER
Includes sheriffs, undersheriffs, deputy sheriffs, police officers, constables, and any duly authorized employee of the Wisconsin Department of Revenue.
PREMISES
The area that is the subject of an application and license for sale of fermented malt beverages and/or intoxicating liquor.
RESERVE RETAIL "CLASS B" LICENSE
A "Class B" license which the Village has been authorized to issue under § 125.51(4)(br), Wisconsin Statutes (as now existing and as the same may hereafter be amended), but which it has not granted or issued.
SELL, SOLD or SALE
Sale, transfer, gift, barter, trade or exchange, or any shift, device, scheme or transaction whatever whereby fermented malt beverages and/or intoxicating liquors may be obtained, but does not include the solicitation of orders for, or the sale for future delivery of, fermented malt beverages or intoxicating liquors.
VILLAGE
The Village of Hobart.
No person shall vend, sell, deal or traffic in, or have in his or her possession with intent to vend, sell, deal or traffic in, or for the purpose of avoiding any ordinance of the Village or law of this state give away any fermented malt beverages or intoxicating liquors without having a license as provided by this article nor without complying with all of the provisions of this article and all regulations and laws of this state applicable thereto.
A. 
Fermented malt beverages. Licenses to sell, deal or traffic in fermented malt beverages shall be designated either retail Class "A" or Retail Class "B":
(1) 
A retail Class "A" license shall permit its holder to sell, deal or traffic in fermented malt beverages only for consumption away from the premises where sold and in the original package, container or bottle.
(2) 
A retail Class "B" license shall permit its holder to sell, deal or traffic in fermented malt beverages either to be consumed on the premises where sold or away from such premises.
(3) 
A temporary retail Class "B" license shall permit its holder to sell fermented malt beverages only for consumption at a picnic or other similar gathering of limited duration.[1]
[1]
Editor's Note: Original Sec. 5.505A.4 and 5, regarding wholesaler's license and special wholesaler's license, respectively, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
Intoxicating liquors. Licenses to sell, deal or traffic in intoxicating liquors shall be designated either retail "Class A," or retail "Class B."
(1) 
A retail "Class A" license shall permit its holder to sell, deal or traffic in intoxicating liquors only in original packages or containers, in quantities of not more than three wine gallons at any one time and to be consumed off the premises so licensed, except that wine may be sold in the original package or otherwise in any quantity.
(2) 
A retail "Class B" license shall permit its holder to sell, deal or traffic in intoxicating liquors to be consumed by the glass only on the premises so licensed, and in the original package or container, in quantities of not more than one quart at any one time, and 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.
(3) 
A temporary retail "Class B" license shall permit its holder to sell wine only for consumption at a picnic or other similar gathering of limited duration.
The issuance of all licenses, whether an original or renewal, are subject to the Village Board's discretion and approval. The license fee shall depend upon the type of license requested. All fees are set by Village resolutions and shall be posted on the Village's official web site or shall be available from the Village Clerk-Treasurer. License fees are subject to change pursuant to the Village Board's discretion.
A. 
The number of licenses granted by the Village Board for any license year shall not exceed the quotas set forth in Chapter 125 of the Wisconsin Statutes.
B. 
For the purposes of this section, any combination license granted by the Village Board to a licensee shall be counted as one license for each class of license included in the combination license.
A. 
The application for an original license or a renewal license to sell, deal or traffic in fermented malt beverages or intoxicating liquors shall be made in writing on a form prescribed and furnished by the Wisconsin Department of Revenue and sworn to by the applicant. The application shall state the kind of license applied for, designate the premises where such fermented malt beverages or intoxicating liquors are to be sold and designate such other information as filed with the Village Clerk-Treasurer and be accompanied by the cost of publication of notice of such application.
B. 
In the event the applicant is not the title owner of the real property upon which the premises sit (the "title owner"), the application for the original license or renewal license to sell, deal or traffic in fermented malt beverages or intoxicating liquors shall also be sworn to by the title owner. Specifically, the title owner shall confirm that the premises 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) of the Wisconsin Statutes, and also conforms to all ordinances and regulations of the Village. The Village Clerk-Treasurer shall keep all applications for licenses and they may be inspected by any citizen.
A. 
An alcohol beverage license is a privilege, not an entitlement. The Village shall review each application on an individual basis and, after considering the Village's best interest, the Village Board shall make discretionary decisions regarding the granting or the denial of any requested liquor license, whether for fermented malt beverage or intoxicating liquor.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
No alcohol beverage license shall be granted to any person or persons under the age of 18 years for the sale of any fermented malt beverages or intoxicating liquors, or to any person who is not of good moral character and a full citizen of the United States, and of the State of Wisconsin, and who has not resided in the State of Wisconsin continuously for at least one year immediately prior to the date of filing the application.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C. 
No license shall be issued or granted to any person who fails to pay personal property tax or real estate tax or who owes any unpaid delinquent personal property tax, real estate tax, room tax, special charge for current services, special assessment, municipal court forfeiture, parking ticket, utility bill, ambulance bill, hazardous material spill response charge, or inspection fee to the Village.
D. 
No license shall be issued or granted for any premises if the title owner who fails to pay personal property tax or real estate tax or who owes any unpaid delinquent personal property tax, real estate tax, room tax, special charge for current services, special assessment, municipal court forfeiture, parking ticket, utility bill, utility fee, ambulance bill, hazardous material spill response charge, or inspection fee to the Village.
E. 
No license shall be issued or granted to any person who has habitually been a petty law offender, or has been convicted of an offense against the laws of this state, or any other state punishable by imprisonment in the state prison, unless the person so committed has been duly pardoned. Where the applicant is an entity, the provisions of this section shall apply to the entity's owners, members, officers and directors.
F. 
The Village Board may also consider, but shall not be limited to, the applicant's and title owner's financial responsibility, the proposed location, the effect of the license on the surrounding community, the condition of the premises, the applicant's and title owner's fitness for the trust to be reposed.
G. 
Every applicant for an original or renewal license to sell, deal or traffic in fermented malt beverages or intoxicating liquors, and every title owner, in the event the applicant is not the title owner of the real property upon which the premises sit, shall expressly consent to the jurisdiction of the Village and/or Brown County Circuit Court for the State of Wisconsin, as the case may be, for any and all disputes arising out of or related to the original and/or renewal license for fermented malt beverages and/or intoxicating liquors.
The Village Board shall meet not later than May 15 of each year and be in session from day to day thereafter, so long as may be necessary, for the purpose of acting upon such applications for licenses as may be presented to them on or before April 15, and all applications for licenses so filed shall be granted, issued or denied not later than June 15 for the ensuing license year, provided that nothing shall prevent the Village Board from granting any licenses which are applied for at any other time. As soon as the application has been approved, a duplicate copy thereof shall be forwarded to the Wisconsin Department of Revenue. No application for a license which is in existence at the time of such annual license meeting shall be rejected without a statement on the Clerk-Treasurer's minutes as to the reasons for such rejection. By July 15 annually, the Village Clerk-Treasurer shall mail to the Department of Revenue a list containing the name, address and trade name of each person holding a license issued by the Village, other than a manager's or operator's license or a license issued under § 125.26 (6), Wis. Stats., the type of license held and, if the person holding the license is a corporation or limited liability company, the name of the agent appointed.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
Upon the approval of the application by the Village Board, the Village Clerk-Treasurer shall attest the license and, upon the filing by the applicant of a receipt showing the payment of the required license fee to the Village Clerk-Treasurer, issue the license to the applicant. Each license shall be numbered in the order in which issued and shall specifically state the name of the licensee, the premises for which issued under, the date of issuance, and the fee paid. All such licenses shall remain in force until and expire on June 30 at midnight next after the granting thereof, unless sooner revoked or suspended.
Every license for the sale of fermented malt beverages and intoxicating liquors shall be enclosed in a suitable wood or metal frame, having a clear glass face and a substantial wood or metal back, so that the whole of such license may be seen therein, and shall be posted and at all times displayed in a conspicuous place in the room where such business is carried on, so that all persons visiting such place may readily see the same.
A. 
Transfer of license. Every license issued pursuant to this chapter may, for a fee as outlined in this code, and upon application by the licensee and for good cause shown, be transferred by the Village Board from one location (the original premises) to another location within the Village, but no licenses shall be entitled to more than one transfer in any one license year. Whenever a license is transferred, the Village Clerk-Treasurer shall forthwith notify the Wisconsin Department of Revenue of such transfer (the "transfer").
B. 
All provisions of this article apply to a transfer; therefore, in the event of a transfer and the applicant is not the title owner of the premises to which such license shall be transferred, the requirements of § 189-8B continue to apply.
C. 
A alcohol beverage license is not transferable from the licensee to any other person or entity, except pursuant to Chapter 125 of the Wisconsin Statutes and upon application and approval of the Village Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
A. 
The Village Board shall have the power to revoke or suspend any license issued under this chapter on the grounds designated in § 125.12 of the Wisconsin Statutes, or for any other valid reason.
B. 
The proceedings shall be commenced by a summons, signed by the Village Clerk-Treasurer, directed to any peace officer commanding the licensee to appear before the Village Board on a day certain and at a place named in such summons, not less than 20 days from the date it is served on the licensee, to show cause why his or her license or licenses should not be revoked or suspended. The summons may be served on the licensee personally or upon the person in charge of the premises. A complaint signed by the Village President, stating the grounds for the proposed revocation or suspension, shall be served at the same time as the summons.
C. 
If the licensee does not appear at the hearing, the complaint shall be taken as true. If the licensee appears at the hearing and denies the complaint, each party may produce witnesses and be heard by counsel. If upon such hearing the Board shall find that any of the alleged grounds stated in the complaint are more likely true than not true, the license may be suspended for not less than 10 days nor more than 90 days, or be revoked. If the Board shall find the complaint to be more likely untrue than true, the proceedings shall be dismissed without cost to the accused. When a license is suspended or revoked, it shall be so entered of record by the Village Clerk-Treasurer, and the Village Clerk-Treasurer shall forthwith notify the Wisconsin Department of Revenue of such suspension or revocation. No other license shall be granted to such person within 12 months of the date of a license revocation nor shall any part of the money paid for any license so suspended or revoked be refunded.
D. 
Any license granted but not issued or issued and not used due to the premises not being open for business for a period in excess of six months during a licensing year is presumed invalid. Upon allegation, the Village Board may order a hearing to determine the validity of such license by ordering the licensee to show cause why such license should not be revoked.
In addition to all other provisions set forth in this article and Chapter 125 of the Wisconsin Statutes, the following restrictions on issuance of licenses shall apply:
A. 
No license under this chapter shall be issued to any person acting as agent for or in the employ of another.
B. 
No retail Class "B" intoxicating liquor license shall be issued to any person who does not have a retail Class "B" fermented malt beverage license.
C. 
No license for the sale of fermented malt beverages or intoxicating liquor shall be issued for premises less than 300 feet from 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 boundary of such school, church or hospital to the closest entrance to such premises.
D. 
A license for the sale of fermented malt beverages and/or intoxicating liquor shall be issued only for premises located in a commercial zone that permits the sale of fermented malt beverage and/or intoxicating liquor.
E. 
No license shall be issued to any person until such person has obtained a valid federal special tax stamp appropriate to his or her business and has provided proof to the Village that he or she holds a Wisconsin seller's permit.
F. 
No license shall be granted to any entity when more than 50% of the ownership of such entity, whether represented by stock or other beneficial control, is held by any person or persons not themselves individually eligible for a license under this article and/or Chapter 125 of the Wisconsin Statutes.
G. 
No license for the sale of fermented malt beverages or intoxicating liquors shall be issued to any applicant for any premises until all delinquent municipal taxes, assessment or other fees have been paid by the applicant and/or title owner to the Village Clerk-Treasurer. This applies to all municipal licenses, not just alcohol beverage licenses.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
A. 
The Village Board may issue a license known as an "operator's license," which shall be granted pursuant to the Village's discretion and upon application in writing filed with the Village Clerk-Treasurer. An operator's license may be issued only to natural persons who:
(1) 
Do not have an arrest or conviction record, subject to §§ 111.321, 111.322 and 111.335, Wisconsin Statutes, which are incorporated by reference herein, said statutes in part describing prohibited bases of discrimination of age, race, creed, color, handicap, marital status, sex, national origin, ancestry, arrest record or conviction record;
(2) 
Have been a resident of this state continuously for at least 90 days prior to the date of application;
(3) 
Have attained the age of 18 years by the time of issuance;
(4) 
Have not been a habitual law offender or convicted of a felony, unless the person has been duly pardoned; and
(5) 
Have completed a responsible beverage server training course. Persons are exempt from the training course requirement if they renew an existing operator's license.
B. 
For all premises operating under a Class "A" and Class "B" license for fermented malt beverages and "Class A" and "Class B" for intoxicating liquor, a licensee, or some other person who has an operator's license and is responsible for the acts of all persons serving any fermented malt beverages or intoxicating liquor to customers, shall be present at all times while such premises are open for business. For purposes of this subsection, any member of the licensee's immediate family who has attained the legal drinking age shall be considered the holder of an operator's license. No person, including underage members of the licensee's immediate family, other than the licensee, may serve fermented malt beverages or intoxicating liquors in any premises operated under a Class "A," Class "B," "Class A," or "Class B" unless he or she has an operator's license, or is at least 18 years of age and is under the immediate supervision of the licensee or a person holding an operator's license and who is on the premises at the time of the service.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C. 
The fee for an operator's license is outlined in § 189-6 of this chapter.
D. 
The Clerk-Treasurer, or the Deputy Clerk in the Clerk-Treasurer's absence, may issue a temporary or provisional operator's license which shall be granted upon application in writing filed with the Village Clerk-Treasurer. A temporary or provisional operator's license may be issued only to natural persons who have applied for an operator's license under this section of the Code and who meet the requirements of Subsection A(1) through (5) of this section.
E. 
A temporary or provisional operator's license may not be issued to any person who has been denied a license under this article of the Code by the Village Board.
F. 
The fee for a temporary or provisional operator's license is outlined in § 189-6 of this Code.
G. 
A temporary operator's license may only be issued pursuant to Chapter 125 of the Wisconsin Code, which includes issuance only to operators employed by or donating their services to nonprofit corporations. A temporary operator's license shall be valid for any period from one day to 14 days.
H. 
A provisional operator's licenses may only be issued pursuant to Chapter 125 of the Wisconsin Statutes. A provisional operator's license will expire 60 days after its issuance, or when an operator's license under this section is issued to the holder, whichever is sooner.
I. 
A temporary or provisional operator's license may be revoked by the Clerk-Treasurer if the application of the license holder contains any false statements. The Clerk-Treasurer may issue the temporary or provisional license before receipt of the applicant's record check but shall immediately revoke the temporary or provisional license if the record check indicates the applicant has failed to meet any of the requirements under this section of the article.
J. 
Any violation of the terms of the article, or any of the laws of the State of Wisconsin applicable to the sale of Fermented Malt Beverages and Intoxicating Liquors, by any person holding any type of operator's license shall be cause for revocation of said license.
A. 
Any person who, either personally or by his agents or employees, shall violate any of the provisions of the Village Code or Chapter 125 of the Wisconsin Statutes shall, upon conviction thereof, be subject to the penalties provided in § 1-3.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
Upon conviction of a violation of the provisions of this article or any of the laws of the State of Wisconsin applicable to the sale of fermented malt beverages or intoxicating liquors, the license authorizing such sales shall be subject to revocation by the court which tries the violation or as provided by § 189-14. In the event of a conviction for a second offense during any one license year for a violation of this article or Chapter 125 of the Wisconsin Statutes, any license which may have been issued by the Village shall, without notice, be forthwith forfeited by the licensee.
C. 
Upon conviction of a violation pursuant to this section, any penalty shall be assessed against the premises' real estate as special taxes.
D. 
In regards to the enforcement of this article, including any penalties as herein set forth, the applicant and title owner consent to the special assessments set forth in Subsection C and the exclusive jurisdiction of the Village or the Brown County Circuit Court for State of Wisconsin.
This article of the Code shall not be construed as prohibiting, limiting, or restricting the Village Board from granting any other type or class of fermented malt beverage or intoxicating liquor license which it is, or may be, authorized to grant by the laws of the State of Wisconsin.
Hour restrictions shall be as provided in §§ 125.32(3) and 125.68(4), Wis. Stats.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
No person, firm or entity which holds, or is acting for or on behalf of the holder of, a retail Class "A," Class "B," "Class A," or "Class B" license shall:
A. 
Sell, offer for sale, or display for sale, any fermented malt beverages and/or intoxicating liquor in a common area from which such person, firm, entity or corporation shall sell, offer for sale, or display for sale, any goods, products, things or services which are not immediately and directly related to the serving or consumption of any fermented malt beverage or intoxicating liquor.
B. 
Allow or permit a person who is not of sufficient age to lawfully purchase a fermented malt beverage and/or intoxicating liquor, to enter and/or remain in an area where a fermented malt beverage and/or intoxicating liquor is sold, offered for sale or displayed for sale, unless such person is accompanied by an adult parent or legal guardian.
C. 
Allow or permit a person to purchase a fermented malt beverage or an intoxicating liquor if that person is not of sufficient age to lawfully make such purchase.
D. 
Allow or permit a person who has purchased any goods, product or thing in an area where fermented malt beverages and/or intoxicating liquors are sold, offered for sale or displayed for sale, to exit such area without first paying for the same and having all such goods, products and things (except for fermented malt beverages) in a bag, carton or other container furnished by the seller and which is separate from any container furnished by the manufacturer or distributor.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[Adopted as § 125.0 of the 2000 Code]
Except as otherwise specifically provided in this article, all provisions of Chapter 125 of the Wisconsin Statutes, as the same may hereafter be amended from time to time, including but not limited to those provisions describing and defining regulations with respect to underage and intoxicated persons, their presence on licensed premises, possession and proof of age, are hereby adopted and by reference made a part of this article as if fully set forth therein. Any act required to be performed or which is prohibited by Chapter 125 of the Wisconsin Statutes is required or prohibited by this article. The penalty for violation of any provision of this article shall be imposed as provided in Chapter 125 of the Wisconsin Statutes, with the exception that imprisonment shall not be ordered.