[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; 7-11-2019 by Ord. No. 438]
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.
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 or by the Village Clerk for the purposes of complying with §§ 125.32(2)
and 125.68(2), Wis. Stats.
[Amended 7-2-2020 by Ord. No. 2020-03]
(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 Board or Village Clerk may issue a provisional operator's
license upon having received a report from the Footville Police Department
(or its designee) 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.
[Amended 7-2-2020 by Ord. No. 2020-03]
(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.
(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.
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.
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]
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.
A violation of this chapter by an authorized agent or employee
of a licensee shall constitute a violation by the licensee.
