Village of Footville, WI
Rock 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 Footville 12-2-1982 by Ord. No. 133 (Ch. 32 of the 1990 Code). Amendments noted where applicable.]
The provisions of Chapter 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 violation of such statutes, exclusive of any regulations for which the statutory penalty is a fine or term of imprisonment, are adopted and made a part of this chapter by reference. A violation of any of such provisions shall constitute a violation of this chapter and the forfeitures provided for therein for violation of such statutes shall be the forfeitures for a violation of this chapter. Any subsequent changes to said Chapter 125 by the Wisconsin legislature are herewith adopted at such time as they become effective.
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 any intoxicating liquor or fermented malt beverage, 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 of the state and the Village of Footville applicable thereto.
B. 
Separate license required for each location or premises. A license shall be required for each stand, place, room or enclosure or for each suite of rooms or enclosures in direct connection or communication to each other where intoxicating liquor or fermented malt beverages are kept, sold or offered for sale.
[Amended 3-6-1986; 6-7-1990 by Ord. No. 6-7-90; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
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 in intoxicating liquor or fermented malt beverages as provided in §§ 125.17, 125.25, 125.26, 125.51 and 125.57, Wis. Stats. Except as otherwise provided in this section, the full license fee shall be charged for the whole or fraction of any year.
A. 
Class "A" Fermented Malt Beverage Retailer's License: $20 per year.
B. 
Class "B" Fermented Malt Beverage Retailer's License: $100 per year.
(1) 
Part time. 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 temporary license shall not be renewable during the calendar year in which issued.
(2) 
Picnic: $10 per license.
C. 
Retail Class "A" liquor license: $200 per year.
D. 
Retail Class "B" liquor license: $300 per year. A retail Class "B" liquor license shall permit its holder to sell liquor in original packages or containers in multiples not to exceed one gallon at any one time to be consumed off the licensed premises. Wine may be sold in original packages or otherwise in any quantity to be consumed off the premises.
(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 fractions 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.
E. 
Operators: $25 per two years.
(1) 
Operators' licenses may be granted to individuals by the Village Board for the purposes of complying with §§ 125.32(2) and 125.68(2), Wis. Stats.
(2) 
Operators' licenses may be issued only by written application on forms provided by the Clerk.
(3) 
Operators' licenses shall be valid for two years and shall expire on June 30 of each even year.
(4) 
The full license fee for the operators' license shall be charged for the whole or any fraction of the two-year license period provided for herein.
F. 
Provisional operators' license.
(1) 
Creation. There is created a provisional operators' license for the Village of Footville.
(2) 
Standards for issuance.
(a) 
The Village Clerk may issue a provisional operators' license upon having received a report from the Orfordville Police Department that the applicant does not have an arrest or conviction' record, is not a habitual law offender or has not been convicted of a felony unless subsequently pardoned where the circumstances of such arrest or conviction substantially relates to the circumstances of the job of a licensed operator for purposes of complying with §§ 125.32(2) and 125.68(2), Wis. Stats.
(b) 
A provisional operators' license may be issued only to a person who has applied for an operators' license.
(c) 
A provisional operators' license may not be issued to any person who has previously been denied an operators' license by the Village of Footville.
(3) 
Written application required: revocation for false statement.
(a) 
A provisional operators' license may be issued only by written application on forms provided by the Village Clerk.
(b) 
The Village Clerk may revoke the provisional license if he or she discovers that the holder of the license made a false statement on the application.
(4) 
Term. The provisional operators' license expires 60 days after its issuance or when an operators' license is issued to the holder, whichever is sooner.
(5) 
Fee. The fee for a provisional operators' license shall be $10.
A. 
Form. Application for a license to sell or deal in intoxicating liquor or fermented malt beverages shall be made in writing on forms prescribed by the State Department of Revenue and filed with the Village Clerk. 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 to the State Department of Revenue.
A. 
Statutory requirements. Class "A" and "B" licenses shall be issued only to persons eligible therefor under Chapter 125, Wis. Stats.
B. 
Location.
(1) 
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 such premises.
(2) 
This subsection shall not apply to premises licensed as such on June 30, 1974, 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" or "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 chapter during one year prior 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 "B" license shall be issued for any premises which does not conform to the sanitary, safety and health requirements of the State Department of Safety and Professional Services pertaining to buildings and plumbing, to the rules and regulations of the State Department of Agriculture, Trade and Consumer Protection 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 section 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 section.
G. 
Age requirement. No license hereunder shall be granted to an underage person, except that an operator's license can be issued to a person 18 or older per § 125.04(5)(d)2, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
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 and 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
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.
A. 
Premises. No initial or renewal alcohol beverage license shall be granted for any premises for which taxes, assessments or other claims of the Village are delinquent or unpaid.
B. 
Persons. No initial or renewal alcohol license shall be granted to any person:
(1) 
Delinquent in payment of any taxes, assessments or other claims owed to the Village.
(2) 
Delinquent in payment of a forfeiture resulting from a violation of any ordinance of the Village.
(3) 
Delinquent in payment to the state of any state taxes owed.
A. 
As to person. No license shall be transferable as to licensee except as provided by Chapter 125, Wis. Stats.
B. 
As to place. Licenses issued pursuant to this section 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 issued under this section shall be 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 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. No retail Class "B" licensee shall employ an under age person. This subsection shall not apply to a person who has an operator's license or who is at least 18 years of age and is under supervision as provided in §§ 125.32(2) and 125.68(2), Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
C. 
Sales by clubs. No club shall sell intoxicating liquors or fermented malt beverages except to members and guests invited by members.
D. 
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.
[Amended 11-7-1991 by Ord. No. 11-7-91]
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 during the following hours:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Type of License
Carry-outs
(sale in an original unopened package,
container or bottle for consumption away from the premises)
On-premises consumption
Class "A" Beer
Midnight to 6:00 a.m.
Not allowed
Class "B" Beer
Midnight to 6:00 a.m.
Monday through Friday, 2:00 a.m. to 6:00 a.m.
Saturday and Sunday, 2:30 a.m. to 6:00 a.m.
"Class A" Liquor
9:00 p.m. to 6:00 a.m.
Not allowed
"Class B" Liquor
Midnight to 6:00 a.m.
Monday through Friday, 2:00 a.m. to 6:00 a.m.
Saturday and Sunday, 2:30 a.m. to 6:00 a.m.
B. 
On January 1, premises operating under a Class "B" Beer license or a "Class B" Liquor license are not required to close for on-premises consumption only. Carry-outs are controlled by Subsection A above for January 1.
C. 
Hotels and restaurants, the principal business of which is the furnishing of food and lodging to patrons, bowling alleys, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but may not sell fermented malt beverages or intoxicating liquor during the hours specified in Subsection A.
A. 
Procedure. Whenever the holder of any license under this chapter violates any portion of this section, proceedings for the revocation 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 chapter shall stand revoked without further proceedings upon the conviction of a licensee or employee, agent or representative thereof for a second offense under this chapter or for a violation of Chapters 125 or 139, Wis. Stats., or any other state or federal liquor or fermented malt beverage laws or of any felony.
C. 
Effect of revocation. See § 162-5H of this chapter.
Before renewal of any license issued under this section is refused, the licensee shall be given written notice of any charges or violations against him or the reasons proposed for nonrenewal and a copy of any proposed motion for nonrenewal and shall have an opportunity to be heard before the Village Board.
[Added 6-5-1997 by Ord. No. 6-5-97]
A. 
No initial or renewal license to sell alcohol beverages shall be granted to any person operating a premises in violation of Subsection B, nor shall any licensed premises be permitted to operate in violation of Subsection B of this section.
B. 
Improper exhibitions. It shall be unlawful for any person to perform, act, demonstrate, dance or exhibit, or for any licensee, manager, employee or agent of the licensee to permit any person to engage in any live performance, act, demonstration, dance or exhibition or to engage in the replay or permit the replay of any televised or video recorded performance, act, demonstration, dance or exhibition on the licensed premises which performance, act, demonstration, dance or exhibition:
(1) 
Exposes genitals, pubic hair, buttocks, perineum, anal region or pubic hair region or allows same to be less than completely and/or opaquely covered;
(2) 
Exposes any device, costume or covering which gives the appearance of or simulates genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
(3) 
Exposes any portion of the human female breast encompassed within an area failing below the horizontal line which one would be required to draw to intersect a point immediately above the top of the areola; this definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed; or
(4) 
Engages in or simulates sexual intercourse and/or any sexual contact, including the touching of any portion of the human female breast or the male and/or female genitals.
C. 
Any licensee upon whose licensed premises a violation of any of the provisions of Subsection B occurs or any person who violates any of the provisions of Subsection B of this section shall be subject to revocation, suspension or nonrenewal of their license as provided in the Fermented Malt Beverage and Intoxicating Liquor Ordinance of the Village of Footville. Any person, who violates any of the provisions of Subsection B of this section shall be further subject to the standard penalty provision of the Code of the Village of Footville.[1] A separate offense shall be deemed committed on each day on which a violation occurs or continues.
[1]
Editor's Note: See § 1-4.
A violation of this chapter by an authorized agent or employee of a licensee shall constitute a violation by the licensee.