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Village of Grafton, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Grafton by Ord. A-518-88, 1988 (Title 5, Ch. 5.16, of the 1979 Code). Amendments noted where applicable.]
A. 
Adoption of state statutes. The provisions of Ch. 125, Wis. Stats., as created by Chapter 79 of the 1981 Laws of Wisconsin, and all acts amendatory thereof and supplementary thereto relating to the regulation of intoxicating liquor and fermented malt beverages, are adopted as a portion of this chapter insofar as applicable, except as otherwise lawfully provided by this chapter. A violation of any such provisions shall constitute a violation of this chapter.
B. 
Regulation of underage persons: violations and penalties. As provided for in § 125.10, Wis. Stats., the provisions of §§ 125.07(4)(a), (b) and (bm), 125.08(3)(b) and 125.09(2), Wis. Stats., regulating the conduct of underage persons, are expressly adopted and incorporated into this chapter by reference. Violators of these provisions shall be subject:
1. 
For a first violation, to a forfeiture of not more than $50, suspension of the person's operating privilege as provided under § 343.30(6)(b)1, Wis. Stats., or a combination of both. For purposes of this subsection, all violations arising out of the same incident or occurrence shall be counted as a single violation;
2. 
For a violation committed within 12 months of a previous violation, either a forfeiture of not more than $100, suspension of the person's operating privilege as provided under § 343.30(6)(b)2, Wis. Stats., or a combination of both. For purposes of this subsection, all violations arising out of the same incident or occurrence shall be counted as a single violation;
3. 
For a violation committed within 12 months of two or more previous violations, either a forfeiture of not more than $500, revocation of the person's operating privilege under § 343.30(6)(b)3, Wis. Stats., or a combination of both. For purposes of this subsection, all violations arising out of the same incident or occurrence shall be counted as a single violation.
C. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ALCOHOL BEVERAGES
Fermented malt beverages and intoxicating liquor.
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 0.5% or more of alcohol by volume.
HOTEL
A hotel, as defined in § 254.61(3), Wis. Stats., provided with a restaurant.
INTOXICATED PERSON
An individual who does not have the normal use of such individual's physical or mental faculties due to the consumption of intoxicating liquor, fermented malt beverage, narcotics or other controlled substance to a degree that such individual is incapable of acting in the manner in which an ordinary prudent and cautious person in full possession of one's faculties, using reasonable care, would act under like conditions, thereby endangering such individual or other persons or property in his or her vicinity.
[Amended by Ord. No. 033, Series 1998]
INTOXICATING LIQUOR
All ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing 0.5% or more of alcohol by volume, which are beverages, but does not include fermented malt beverages.
LEGAL DRINKING AGE
Has the meaning prescribed in § 125.02(8m), Wis. Stats.
LICENSED ESTABLISHMENT
Any establishment licensed by the Village Board of the Village of Grafton to sell alcohol beverages pursuant to Ch. 125, Wis. Stats.
[Amended by Ord. No. 035, Series 1998]
LICENSEE
The holder of a retail "Class A," "Class B," Class "A," Class "B" or Class "C" license granted by the Village Board of the Village of Grafton pursuant to Ch. 125, Wis. Stats.
[Amended by Ord. No. 035, Series 1998]
PERSON
A natural person, sole proprietorship, partnership, corporation or association.
PREMISES
The area described in a license or permit.
RESTAURANT
A restaurant as defined in § 254.61(5), Wis. Stats.
SELL, SOLD, SALE or SELLING
Any transfer of alcohol beverages with 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.
UNDERAGE PERSON
A person who has not attained the legal drinking age.
VILLAGE
The Village of Grafton.
WHOLESALER
A person, other than the brewer, manufacturer or rectifier, who sells alcohol beverages to a licensed retailer or to another person who holds a permit to sell alcohol beverages at wholesale.
WINE
Products obtained from the normal alcohol fermentation of the juices 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 not less than 0.5% or more than 21% of alcohol by volume.
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
WINE COOLER
Beverages containing products obtained from the normal alcohol fermentation of the juices 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 beverages contain not more than 6% of alcohol by volume.
A. 
When required. No person, except as provided by § 125.06, Wis. Stats., shall distribute, vend, sell, offer or keep for sale at retail or wholesale, deal or traffic in or, for the purpose of evading any law or ordinance, give away or gift any intoxicating liquor or fermented malt beverage, or cause the same to be done, without having procured a license, permit or authorization as provided in this chapter, nor without complying with all the provisions of this chapter and all statutes, ordinances and regulations of the state and Village applicable thereto.
B. 
Separate license required for each place of sale. A license shall be required for each of those premises where intoxicating liquor or fermented malt beverages are kept, sold or offered for sale.
[Amended by Ord. No. 027-93, 1993; Ord. No. 013, Series 1996; Ord. No. 027, Series 1998; Ord. No. 028, Series 1998; Ord. No. 028, Series 1999; Ord. No. 019, Series 2003; Ord. No. 024, Series 2003; Ord. No. 025, Series 2003; Ord. No. 020, Series 2007; 6-20-2011 by Ord. No. 016-2011; at time of adoption of Code (see Ch. 1.01, Code Adoption)]
There shall be the following classes and denominations of licenses which, when issued by the Village Clerk under the authority of the Village Board after payment of the fee herein specified, shall permit the holder to sell, deal or traffic intoxicating liquor or fermented malt beverages as provided in this section and as provided in §§ 125.17, 125.18, 125.25, 125.26 and 125.51, Wis. Stats. Except as otherwise provided in this chapter, the full license fee shall be charged for the whole or fraction of any year. All license years shall be deemed to commence as of July 1.
A. 
Retail Class "A" license. A Class "A" license authorizes retail sales of fermented malt beverages in original packages, containers or bottles only for consumption off the premises where sold. The license fee shall be $100 per year.
B. 
Retail Class "B" license. Class "B" license authorizes retail sales of fermented malt beverages to be consumed either on the premises where sold or off the premises. Persons holding a Class "B" license may sell beverages containing less than 0.5% alcohol by volume without obtaining a license under § 66.0433(1), Wis. Stats.
1. 
The fee for a Class "B" license shall be $100 per year. A Class "B" license may be issued at any time after July 1 for a period of six months in any license year, for which a seventy-five-dollar license fee shall be paid. But such temporary licenses shall not be renewable during the July 1 through June 30 license year in which issued. All Class "B" licenses issued under this section shall expire no later than the following June 30.
2. 
Special events. A temporary Class "B"/"Class B" license may be issued to bona fide clubs, to state, county or local lodges or societies and to posts of veterans organizations, any of which have been in existence for at least six months before the date of the application for the special event. A license issued under this section authorizes the sale of fermented malt beverages (Class "B") and/or wine ("Class B") at particularly described picnics or other similar gatherings. As allowed by §§ 125.26(1) and 125.51(1)(a), Wis. Stats., the Village Clerk of the Village of Grafton is hereby authorized to issue temporary Class "B"/"Class B" licenses to organizations as allowed in this section. The fee for a special event license shall be $10 per event.
[Amended by Ord. No. 027, Series 1993]
C. 
Special permit. A special permit may be issued by the Village Clerk to families or clubs, including, but not limited to, nonprofit charitable organizations, to state, county or local fair associations or agricultural societies, to churches, lodges or societies and to posts of veterans organizations. A special permit issued under this section authorizes the consumption and dispensing of fermented malt beverages and/or wine coolers at particularly described picnics or other similar gatherings which are held on public property. No charge shall be allowed in connection with the serving, selling, consumption or distribution of fermented malt beverages and/or wine coolers at events for which a special permit has been granted, unless a temporary Class "B" license has also been obtained under this chapter for said event. A special permit for an event for which a temporary Class "B" license has been or will be procured may only be issued by the Village Clerk upon proof by the applicant that liability insurance coverage of not less than 1/2 million dollars has been procured for the contemplated event. This subsection is not intended to regulate the internal activities of private organizations nor legitimate private social events held entirely on private property.
1. 
Except as otherwise provided within Subsection C of this section, or authorized by resolution of the Village Board under authority of § 125.09(1), Wis. Stats., the consumption or dispensing of alcohol beverages on any public property or on a highway as defined in § 340.01(22), Wis. Stats., is prohibited.
2. 
The application for a special permit under the provisions of this section shall be made to the Village Clerk not less than 48 hours before the event takes place. Said application shall include an agreement signed by the applicant on behalf of the entity applying for a special permit, whereby the applicant expressly warrants and represents that the Village, its officers, agents and employees shall be held harmless and indemnified from any and all claims which may arise from the issuance of a special permit under this chapter. The Village Clerk shall refer to the Village Board any applications for a special permit under this section where there is a question as to whether an applicant qualifies for a special permit under this section.
3. 
There shall be no fee for a special permit under this subsection. However, a special permit may not be issued to anyone for more than three occasions per year under this section, provided that each occasion be defined to mean no more than three consecutive calendar days.
D. 
Retail "Class A" license. A "Class A" license authorizes the retail sale of intoxicating liquor in original packages and containers for consumption off the premises where sold. The fee shall be $400 per year. Effective with the licensing period that begins on July 1, 2004, the fee for a "Class A" license shall be $500 per year.
E. 
Retail "Class B" license. A "Class B" license authorizes the sale of intoxicating liquor to be consumed by the glass only on the premises where sold and also authorizes the sale of intoxicating liquor in the original package or container, in quantities not to exceed four liters at any one time, and to be consumed off the premises where sold. Wine, however, may be sold for consumption off the premises in the original package or container in any quantity. The fee shall be $500 per year.
F. 
Retail "Class C" license.
1. 
A "Class C" license authorizes the retail sale of wine by the glass or in an opened original container for consumption on the premises where sold.
2. 
A "Class C" license may be issued to a person qualified under § 125.04(5), Wis. Stats., for a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts and which does not have a barroom or a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts and which has a barroom in which wine is the only intoxicating liquor sold.
3. 
The fee for a "Class C" license shall be $100 per year.
G. 
Retail reserve "Class B" license. Those licenses available under the quota system existing before December 1, 1997, that were not granted or issued by the municipality as of December 1, 1997. The number of reserve "Class B" licenses available to a municipality is determined by a series of calculations described in § 125.51(4), Wis. Stats.
1. 
Initial retail reserve "Class B" license fee. There shall be a ten-thousand-dollar fee, to be paid in addition to the regular Class "B" and "Class B" fee under Subsections B and F above, upon approval of a retail reserve "Class B" license. The ten-thousand-dollar fee shall not be prorated, as required for the retail reserve "Class B" license, if it is issued for a portion of the licensing period.
2. 
Business development grants for certain reserve "Class B" licenses.
a. 
Findings and purpose. 1997 Wisconsin Act 27, effective December 1, 1997, establishes a new alcohol license called a retail reserve "Class B" license, and requires that all who are granted such a license pay an initial license fee of $10,000 in addition to the regular Class "B" and "Class B" license fees. The Village Board finds that businesses such as restaurants, hotels and taverns make important contributions to the Village's economy and serve important public purposes, including but not limited to increasing the Village's property tax base, providing employment and promoting tourism. The Village Board also finds that the new initial fee for reserve "Class B" licenses far exceeds the actual cost of licensing the activity and that excessive license fees deter new business and are contrary to economic growth. It is the purpose of this chapter to utilize the excess revenue generated by Wisconsin Act 27 to assist new reserve "Class B" licensees in order to assist in the establishment of new businesses.
b. 
The Village Board may provide a one-time business development grant, in an amount not to exceed $9,500, to a reserve "Class B" licensee if the following conditions are met:
1. 
A retail reserve "Class B" license is granted to the licensee.
2. 
The retail reserve "Class B" license applicant properly completes, executes and submits an application for a business development grant to the Village Board on a form provided by the Village Clerk.
3. 
Only applicants whose business is located in a tax incremental financing district (TID) located west of the Milwaukee River shall be eligible for a business development grant.
4. 
The application for a business development grant is submitted to the Village Clerk, for referral to the Village Board, no earlier than three months or later than 12 months after the granting of said reserve license.
5. 
The retail reserve "Class B" licensee pays the initial ten-thousand-dollar fee to the Village.
6. 
The Village Clerk, with the assistance of any other Village agency or department, has certified that the applicant for the business development grant is in full compliance with the requirements of Ch. 125, Wis. Stats., and all local ordinances governing the issuance of retail alcohol beverage licenses.
7. 
If the Village Clerk determines that the licensee is not in compliance with the approved license, no business development grant may be awarded. The Village Clerk shall provide a written determination to the licensee/applicant and the Village Board.
8. 
The Village shall retain $500 of the initial ten-thousand-dollar license fee for administrative purposes.
3. 
Any business development grant awarded to a retail reserve "Class B" liquor licensee under this chapter shall be subject to the following conditions:
a. 
The licensee must provide documentation, from a certified public accountant or tax preparer, that:
1. 
More than 50% of the gross sales of the business are from the sale of food, and the business is in fact a restaurant;
2. 
The business is a hotel, bed-and-breakfast or motel operation; or
3. 
More than 50% of the gross sales of the business are from the sale of alcohol, beer or wine.
[Added 9-16-2013 by Ord. No. 017-2013]
4. 
In accepting the one-time grant award, the applicant/licensee must sign an agreement that, in the event any court determines that the Village's business development grant program does not serve a public purpose or is contrary to law, the applicant/licensee will, upon demand by the Village, repay the one-time economic development grant to the Village of Grafton.
H. 
For "Class A," Class "A," "Class B" and Class "B" licenses:
1. 
A license may be issued after July 1 in any license year. All licenses shall expire on the following June 30. The fee for the license shall be prorated according to the number of months or fractions thereof remaining until the following June 30.
2. 
Licenses valid for up to 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.
I. 
Operator's license.
1. 
An operator's license is issued for the purpose of compliance with § 125.17, Wis. Stats. The licensing period shall be from July 1 to June 30 for two consecutive years. The fee for an operator's license shall be $50 for a full or partial licensing period.
[Amended 6-20-2011 by Ord. No. 016-2011]
2. 
Applications for operator's licenses shall be made in writing on a form provided by the Village Clerk. The application form shall be filed with the Village Clerk a minimum of seven days before the meeting of the Village Board where such application shall be considered. Any application received less than seven days before action is to be taken will be held until the next meeting of the Village Board.
3. 
The Village Clerk shall forward the operator's license application to the Grafton Police Department for a full background review of the applicant. The Police Chief or his or her designee shall prepare a report for Village Board review of the license request.
4. 
There is no distinction between Class A and Class B operator's licenses in the application approval/denial process.
5. 
In addition to the terms and conditions of Ch. 125, Wis. Stats., and this chapter relating to the issuance of alcohol beverage operator's licenses, the following factors are hereby established to assist the Village Board in its consideration of applications for the issuance of an operator's license for use within the Village of Grafton.
6. 
An operator's license may be denied to any applicant who:
a. 
Is under the age of 18;
b. 
Has not successfully completed a "responsible beverage server training course";
c. 
Submits an incomplete application or provides false information on an application;
d. 
Has an arrest or conviction record which substantially relates to the circumstances of the licensed activity. For the purposes herein, "offenses which substantially relate to the circumstances of the licensed activity" shall include, but are not limited to, the following:
1. 
A history of two or more non-felony alcohol-related convictions within the past 60 months, as long as the most current conviction or arrest is within the last 18 months;
2. 
Any non-felony drug-related convictions or pending charges within the last 12 months;
3. 
Any non-felony convictions or pending charges within the last 12 months which involve resisting arrest, battery to a police officer, or obstructing justice in direct connection to activity at a licensed alcohol establishment;
4. 
Two or more non-felony convictions or pending charges in the last 36 months for disorderly behavior or domestic-violence-type offenses if they occurred in direct connection to activity at a licensed alcohol establishment or the use of alcohol and/or illegal drugs played a role in the incident;
5. 
One or more felony conviction(s) in the last five years involving alcohol, drugs or other behavior which substantially relates to activity at a licensed alcohol establishment; or
6. 
Any other arrest or conviction that is reasonably determined to be substantially related to the circumstances of the licensed activity.
7. 
Operator's license applicants that are denied a license may not reapply for a license for six months from the date of the denial.
J. 
Temporary operator's license. A temporary operator's license is issued for purposes of compliance with §§ 125.17(4), 125.32(2) and 125.68(2), Wis. Stats. The Village Board may issue a temporary operator's license to persons employed by or donating their services to a nonprofit corporation. The license is valid for a period of from one day to 14 days. There is no fee for such license.
K. 
Provisional operator's license. A provisional operator's license is issued for the purposes of compliance with §§ 125.17(5), 125.32(2) and 125.68(2), Wis. Stats. The Village Clerk may issue a provisional license to the applicant for a regular operator's license in the event that the applicant's employment begins prior to the scheduled date of approval of the regular operator's license. A provisional license shall expire after 60 days or when the regular operator's license is issued, whichever is sooner. The fee for such license shall be $15.
A. 
Applications for a license to sell or deal in intoxicating liquor or fermented malt beverages shall be made in writing on the form prescribed by law and shall be sworn to by the applicant. Said form shall be filed with the Village Clerk for presentation to the Village Board. On or before the first Monday in June of each year, the Village Board shall determine as to whether any or all applications so filed shall be granted or denied. Any application for license filed with the Village Clerk after April 15 of any year may be presented to the Village Board at any regular or special meeting for action, but in no event shall the license be granted by the Village Board in less than 15 days after the application for such license has been filed with the Village Clerk.
[Amended by Ord. No. A-024-1992, 1992]
B. 
Prior to approval of a license application under this chapter, the Village Clerk shall publish each application for a "Class B" license. Said notice shall be published in a newspaper having circulation within the Village and designated by the Village Board. If the designated newspaper is a daily newspaper, notice shall be published on three successive occasions or at least one time if the designated newspaper is a weekly newspaper. Such publication shall include the name and address of the applicant, the kind of license applied for and the location of the premises to be licensed.
C. 
Upon the filing of the application, the applicant shall pay the Village a sum for publication of the notice of the application for license as computed by the rate per folio for legal notices as established by law.
D. 
Within 10 days of any change in any fact set out in an application for a license or permit to sell alcohol beverages, the licensee or permittee shall file a written description of the changed fact with the Village Clerk.
E. 
The Village Clerk shall retain all applications made for licenses to sell beverages. However, the Village Clerk may destroy all applications more than four years old.
F. 
Any person may inspect applications for licenses to sell alcohol beverages retained by the Village.
G. 
Upon issuance of a license to sell alcohol beverages, the Village Clerk shall mail to the Wisconsin Department of Revenue a copy of the application for license and all information relevant to the application and the license which is required by law to be furnished by the Village to the Department.
H. 
Upon receipt of the notice required in Subsection D of this section, the Village Clerk shall mail to the Wisconsin Department of Revenue a copy of any change in fact set out in the required application.
A. 
Statutory requirements. Licenses shall be issued only to persons eligible therefor under §§ 125.04(5), (6), 125.33(7)(b) and 125.69(4)(b), Wis. Stats.
B. 
Inspection and review.
1. 
The Village Clerk shall notify the Fire Inspector, Health Inspector, Building Inspector, Electrical Inspector and Plumbing Inspector of each Class "B" or "Class B" new, renewal or transfer application received. These officials shall inspect each application and premises to determine whether the premises sought to be licensed complies with the health, sanitary and safety regulations, ordinances and laws applicable thereto, including those governing buildings and sanitation in restaurants. A determination shall also be made by the Police Department regarding whether the applicant is a proper recipient of a license. These officials shall furnish to the Village Clerk, in writing, the information derived from such inspections and review along with a recommendation as to whether a license should be granted or denied. The Village Clerk shall forward this information to the Village Board for its review, approval or denial. No license shall be granted, renewed or transferred without a reinspection of the premises and a report as originally required.
2. 
If the inspecting officials recommend the denial of the application, the procedures in § 5.16.130 shall be followed as an appeal process.
[Amended by Ord. No. A-024-92, 1992]
C. 
License quota. The number of persons and places that may be granted a "Class B" liquor license under this section is limited as provided in § 125.51(4), Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
D. 
Corporations. No license shall be granted to any corporation which does not meet the requirements set forth in § 125.04(5) and (6), Wis. Stats.
E. 
Age requirements. Except for operator's licenses, no license hereunder shall be granted to any person under the minimum age specified by Wisconsin Statutes pursuant to §§ 125.02(8m) and 125.04(5), Wis. Stats., for the consumption of alcohol.
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
F. 
Delinquent taxes and assessments. No license shall be issued by the Village Clerk for any premises for which personal property taxes, water and sewer bills and/or assessments of the Village are delinquent and unpaid or to any person delinquent in payment of such claims to the Village.
[Amended by Ord. No. 021, Series 2008]
G. 
Issuance for sales and sales in dwellings prohibited. No license may 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. No person shall sell or offer to sell any alcohol beverage in any dwelling house, flat or residential apartment.
H. 
Sales of alcohol beverages to intoxicated persons. No licensee may procure for, sell, dispense or give away alcohol beverages to a person who is intoxicated. Any licensee who violates this provision shall be subject to a forfeiture of not less than $100 nor more than $500 or imprisoned for not more than 60 days, or both.
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
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 licensees and, unless sooner revoked, shall expire on June 30 thereafter, except as otherwise provided. The license shall not be delivered until the applicant shall produce and file with the Village Clerk a receipt showing payment of the sum required therefor to the Director of Administrative Services.
A. 
As to persons:
1. 
Licenses to sell alcohol beverages may be transferred to persons other than the licensee if the licensee or an applicant for a subsequently granted license dies, becomes bankrupt or makes an assignment for the benefit of creditors during the license year or after filing the application. If a retail licensee becomes disabled, the Village may, upon application, transfer the license to the licensee's spouse, if that spouse may hold that type of license under the Wisconsin Statutes and complies with all requirements under this chapter applicable to original applicants, except that the spouse is exempt from payment of the license fee for the year in which the transfer takes place.
2. 
Upon the happening of any of the events under Subsection A.1 of this section, the personal representative, the surviving spouse if a personal representative is not appointed, the trustee or the receiver may continue or sell or assign the business.
3. 
Business may be continued under Subsection A.2 of this section only if the personal representative or surviving spouse is a United States citizen.
4. 
If the business is sold or assigned, the license may be transferred to the successor owner or assignee at no charge, if:
a. 
He or she complies with the requirements applicable to original applicants; and
b. 
He or she is acceptable to the Village and consent to the transfer is given by the Village.
B. 
As to place. Every alcohol beverage license or permit may be transferred to another place or premises within the Village. An alcohol beverage warehouse permit under § 125.19, Wis. Stats., a winery permit under § 125.53, Wis. Stats., or an intoxicating liquor wholesaler's permit under § 125.54, Wis. Stats., may be transferred to another premises within this state. Transfers shall be made by the Village upon payment of a fee of $10. No retail licensee, retail permittee, intoxicating liquor wholesaler or holder of a warehouse or winery permit is entitled to more than one transfer during the license or permit year. The Village shall promptly notify the Wisconsin Department of Revenue of all transfers under this subsection.
Every license issued under this chapter shall be posted and at all times displayed as provided in § 125.04(10), Wis. Stats.
A. 
Gambling and disorderly conduct prohibited. Each licensed 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 licensed premises.
B. 
Employment of underage persons. Minors 14 through 17 years of age may be employed in places where alcohol beverages are stored, sold or served, provided the minors are not serving, selling, dispensing or giving away alcohol beverages and they are at all times under the immediate supervision of the licensee, a member of the licensee's immediate family who is of legal drinking age or a person holding an operator's license.
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.
D. 
Presence on licensed premises of licensee or operator during serving of alcohol beverages.
1. 
Pursuant to §§ 125.32(2) and 125.68(2), Wis. Stats., except as otherwise permitted under §§ 125.32(3)(b) and 125.07(3)(a)10, Wis. Stats., there shall be upon such premises at all times during operation of the business the licensee or some person who shall have an operator's license, or a member of the immediate family of the licensee who has attained the legal drinking age, who shall be responsible for the acts of all persons serving as waiters or in any other manner serving fermented malt beverages or intoxicating liquor to customers.
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
2. 
No person, including underage members of a licensee's immediate family other than the licensee or agent, may serve alcohol beverages in any establishment licensed by a Class "A," Class "B," "Class A" or "Class B" license under this chapter 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 agent or a person holding an operator's license, who is on the premises at the time of the service.
E. 
Restriction of persons allowed on licensed premises after hours. No persons, other than employees at work, shall be allowed upon the licensed premises after closing hours.
[Amended by Ord. No. 005, Series 2003]
A. 
It shall be prohibited in a sexually oriented business, as defined in Chapter 9.35, Sexually Oriented Businesses, of the Code, to serve, sell, use, provide or consume any intoxicating liquor, cereal malt beverage or any other alcohol beverage.
B. 
Penalties. Any person, partnership or corporation who violates any of the provisions of this section shall be subject to a forfeiture of $500 plus court costs per violation. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, a violation of this chapter constitutes sufficient grounds for suspending, revoking or not renewing an alcohol beverage license under § 125.12, Wis. Stats.
A. 
No premises for which a retail liquor or fermented malt beverage license has been issued shall remain open for the sale of alcohol beverages:
[Amended 1-16-2012 by Ord. No. 001-2012; at time of adoption of Code (see Ch. 1.01, Code Adoption)]
1. 
If a Class "A" or "Class A" license, between 9:00 p.m. and 6:00 a.m.
2. 
If a Class "B" or "Class B" license, between 2:00 a.m. and 6:00 a.m.; except on Saturdays and Sundays, between 2:30 a.m. and 6:00 a.m. On January 1, the premises shall not be required to close.
B. 
Between 12:00 midnight and 6:00 a.m. no person may sell fermented malt beverages on Class "B" licensed premises in an original unopened package, container or bottle or for consumption away from the premises.
C. 
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. 
Any licensee or permittee who violates any portion of this chapter or does any of the following: keeps or maintains a disorderly or riotous, indecent or improper house; sells or gives away alcoholic beverages to habitual drunkards or does not possess the qualifications under this chapter or Ch. 125, Wis. Stats., to hold a license; shall be subject to suspension or revocation as provided under § 125.12, Wis. Stats.
B. 
Any licensee who procures for, sells, dispenses or gives away alcoholic beverages to a person who is a minor under state law shall be subject to suspension as provided under § 125.07, Wis. Stats.
[Amended by Ord. No. 033, Series 1998]
A. 
Abandonment of premises.
1. 
Grounds for cancellation for non-use of license. Any Class A or Class B fermented malt beverage and/or intoxicating liquor licenses granted under this chapter may be canceled by the Village Board for the following reasons:
a. 
The subject premises is not open for business within 120 days of the granting of such license; or
b. 
The subject premises is not open for business for a period of 120 consecutive days or more; or
c. 
The subject premises is not open for business at least 50% of the days within any twelve-month period, either within a licensing year or overlapping two licensing years.
2. 
Licenses issued under this chapter may be canceled in accordance with this section, unless after notice and hearing as provided in Subsection B hereof the Village Board may determine that good cause exists for the failure of the licensee to be open for business for periods in excess of the minimums set forth herein. If such cause is found to exist, the Village Board may set such terms as it deems appropriate to the continuation of the license with respect to minimum days of operation or a time frame within which the subject premises must open for business to avoid cancellation of the subject license(s). The provisions of this section will not apply to not-for-profit organizations.
B. 
Notice and hearing. Prior to the cancellation of any license, the Village Clerk shall notify the licensee in writing of the Village's intention to cancel the license for non-use and provide the licensee with an opportunity for a hearing. Such notice shall also specify the time, place and date of the hearing, which shall not be less than 15 days after the date of the notice. Such hearing shall be conducted as provided in § 125.12(2)(b), Wis. Stats., or any amendments thereto. Judicial reviews shall be provided as in § 125.12(2)(d), Wis. Stats., or any amendments thereto.
[Amended by Ord. No. 033, Series 1998]
A. 
In addition to the regulations of Ch. 125, Wis. Stats., there is hereby established a point system for the purpose of guiding the Village Board in the suspension or revocation of alcohol beverage licenses. Demerit points shall be assessed in accordance with the violations set forth herein. The demerit point system is intended to identify habitually troublesome liquor licensees who repeatedly violate state statutes and/or Village of Grafton municipal ordinances and to allow the Board to take consistent action against said licensees.
B. 
There is hereby assigned the following demerit points for each type of violation:
Type of Violations
Demerit Points
(per incident)
Owner/employee convicted of any violation of Chapter 961 of the Wisconsin Statutes/Uniform Controlled Substances Act, as amended from time to time
125 points
Sale of alcohol without a license or permit: §§ 125.04(1), 125.66(1), Wis. Stats.; § 5.16.020 of this chapter
100 points
Conducting unlawful business
100 points
Refusal to allow police search of premises and/or refusal to cooperate with lawful police investigation
[Amended 2-25-2013 by Ord. No. 009-2013]
150 points
Sale of alcohol to intoxicated person: § 125.07(2), Wis. Stats.; § 5.16.050H of this chapter
100 points
Gambling/gambling paraphernalia on premises: § 945.04, Wis. Stats.; § 5.16.090A of this chapter
50 points
Sale of alcohol to person under the age of 21: § 125.07(1), Wis. Stats.
50 points
Person under age 21 on premises: § 125.07(3), Wis. Stats.
50 points
Intoxicated bartender
50 points
Failure to maintain order/disorderly conduct on premises: § 125.12(2), Wis. Stats.; § 5.16.090A of this chapter
50 points
Licensee, agent or licensed operator (bartender) not on premises at all times: §§ 125.32(2); 125.68(2), Wis. Stats.; § 5.16.090D.1 of this chapter
25 points
Open after hours, after-hours consumption and/or persons on premises after closing hours: § 125.32(3), Wis. Stats.; §§ 5.16.090E and 5.16.100 of this chapter
25 points
Violation of carry-out hours: § 125.68(4)(c)(3), Wis. Stats.; § 5.16.100B of this chapter
25 points
Other acts: exceeding capacity, noise complaints, etc.
25 points
Additional penalty for severe offenses.
200 points
There shall be an additional penalty for conduct which:
1.
Results in bodily harm to any individual;
2.
Creates a substantial risk of death or bodily harm; or
3.
Involves the use of a firearm or other dangerous weapon.
C. 
Calculating violations. Demerit points shall be assessed against the holder or registered agent for a license held by a corporation of a retail or operator's license based upon entry of a judgment of conviction for violating a provision of the Grafton Municipal Code or the Wisconsin Statutes. The demerit points shall be assessed in accordance with the terms and conditions of this chapter and shall be assessed at the expiration of the time period allowed for taking appeal of the conviction or convictions or the conclusion of any appeal in which the conviction is affirmed. Demerit points shall be assessed against the licensee based on either convictions of the licensee or for convictions of the licensee's agents or employees; provided, however, that in the case of an agent or employee an element of the offense for which such person is convicted occurred on the licensed premises or with the knowledge and consent of the licensee.
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
D. 
The Police Department shall notify the Village Board of any convictions which result in the assessment of demerit points against any licensee. Following this notification or the filing of a complaint pursuant to § 125.12, Wis. Stats., the Village Board shall hold a hearing, if required, and shall take the following action after determining the number of demerit points to be assessed against the licensee:
1. 
For demerit points totaling 25 to 149 within a twelve-month period, a warning shall be given to the licensee of the consequences of additional violations.
2. 
For demerit points totaling 150 to 199 within a twelve-month period, the Village Board shall suspend the license for a period of not less than 10 days nor more than 60 days.
3. 
For demerit points totaling 200 to 300 within an eighteen-month period, the Village Board shall suspend the license for a period of not less than 60 days nor more than 120 days.
4. 
For demerit points totaling over 300 within a twenty-four-month period, the Village Board shall revoke the license.
5. 
Any conviction of the holder or registered agent for a license held by a corporation of the retail or operator's license of an offense under Ch. 125 or 139, Wis. Stats., or any other federal or state liquor or fermented malt beverage law, shall be considered a conviction under this subsection and shall result in the assessment of demerit points. For purposes of this subsection, demerit points will be assessed as of the date of the violation for which a judgment of conviction is finally entered or affirmed, regardless of the date on which judgment of conviction is entered or affirmed on appeal.
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
E. 
Effect of revocation of license.
1. 
Whenever any license is revoked, at least 12 months shall elapse before another license shall be granted to the person whose license was revoked.
2. 
In the case of the revocation of any license issued under the provisions of this chapter, no refund shall be made of the license fee for the remaining unused license period.
3. 
Nothing in this section shall be construed to conflict with, abridge or modify the rights or procedures established for revocation or suspension of licenses in § 125.12, Wis. Stats.
The provisions of § 125.12(1), Wis. Stats., are incorporated by reference in their entirety. Whenever the Village Board or Municipal Court revokes or suspends a license or permit or imposes a penalty on a licensee or permittee for the violation of this chapter or Ch. 125, Wis. Stats., the Village Clerk or the Clerk of the Municipal Court shall, within 10 days after the revocation, suspension or imposition of the penalty, mail a report to the Department of Revenue at Madison, Wisconsin, giving the name of the licensee, the address of the licensed premises and a full description of the penalty imposed.
[Amended by Ord. No. A-024-92, 1992]
The Village Board may refuse to grant a new license or renew an existing license for the causes provided in § 125.12(2)(a), Wis. Stats. Prior to the time for the granting of a new license or the renewal of the existing license, the Village Board shall direct the Village Clerk to notify the licensee in writing of the Village's intention not to grant or renew the license. A provision shall be made to provide the licensee with an opportunity for a hearing on this matter. The notice shall state the reasons for the intended action. The hearing shall be conducted as provided in § 125.12(2)(b), Wis. Stats., and judicial review shall be as provided in § 125.12(2)(d), Wis. Stats.
A violation of this chapter by a duly authorized agent or employee of the licensee shall constitute a violation by the licensee or permit holder.
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
Except as otherwise provided for in this chapter, any person who himself or by his agents or employees violates any provisions of this chapter shall, upon conviction thereof, be subject to the general penalty in Chapter 1.08 of this Code.