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Village of Whitefish Bay, WI
Milwaukee County
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[Adopted by Ord. No. 1583 (Sec. 15.04 of the Codification)]
A. 
The provisions of Chapter 125 of the Wisconsin Statutes relating to the regulation of intoxicating liquor and fermented malt beverages are adopted as a portion of this article so far as applicable, except as otherwise lawfully provided by this article. A violation of any such provisions shall constitute a violation of this article.
B. 
The definition of all words and phrases as provided in § 125.02, Wis. Stats., are hereby incorporated into this article, so far as applicable.
No person, except as provided by § 125.06, Wis. Stats., may sell any intoxicating liquor or fermented malt beverage, or engage in any other activity for which Chapter 125 of the Wisconsin Statutes requires a license or other type of authorization, without holding a license, as provided in this article, nor without complying with all the provisions of this article and all other statutes, municipal code provisions and regulations of the state and Village applicable thereto.
[Amended by Ord. No. 1788; 8-27-2018 by Ord. No. 1843; at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I)]
There shall be the following classes of licenses which, when issued by the Village Clerk-Treasurer under the authority of the Village Board and 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 article and as provided in §§ 125.17, 125.25, 125.26, and 125.51, Wis. Stats. The full license fee shall be charged for the whole or fraction of any year, except where "Class A," Class "A," "Class B" and Class "B" licenses are required to be prorated by §§ 125.25(4), 125.26(4) and 125.51(9)(a), Wis. Stats. All license years shall be deemed to commence as of July 1.
A. 
Retail Class "A" fermented malt beverage licenses. Class "A" licenses may be issued by the Village Board pursuant to the provisions of Wis. Stats. § 125.25 and authorize retail sales of fermented malt beverages for consumption off the premises where sold and in original packages, containers or bottles. The license fee shall be $100 per year.
B. 
Retail Class "B" fermented malt beverage licenses. Class "B" licenses may be issued by the Village Board pursuant to the provisions of Wis. Stats. § 125.26 and authorize retail sales of fermented malt beverages to be consumed either on the premises where sold or off the premises. The fee for a Class "B" license shall be $100 per year.
C. 
Temporary Class "B" fermented malt beverage licenses.
(1) 
Temporary Class "B" licenses may be issued by the Village Board pursuant to the provisions of Wis. Stats. § 125.26(6) to bona fide clubs and chambers of commerce, county or local fair associations or agricultural societies, churches, lodges or societies that have been in existence for at least six months before the date of application, and to posts of veterans organizations authorizing the sale of fermented malt beverages (or wine) at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. The license fee shall be $10 per permitted event.
[Amended at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I)]
(2) 
The Village Clerk-Treasurer shall have the authority to approve requests for temporary Class "B" fermented malt beverage licenses under Wis. Stats. § 125.26(6) for those events for which Village Board approval may not be obtained in a timely manner and for which the applying organization has obtained approval by the Board for previous similar events.
D. 
Retail "Class A" intoxicating liquor licenses. "Class A" licenses may be issued by the Village Board pursuant to the provisions of Wis. Stats. § 125.51(2) and authorize the retail sale of intoxicating liquor for consumption off the premises where sold and in original packages and containers. The fee shall be $500 per year.
E. 
Retail "Class B" intoxicating liquor licenses. "Class B" licenses may be issued by the Village Board pursuant to the provisions of Wis. Stats. § 125.51(3) and authorize the retail sale of intoxicating liquor for consumption on the premises where sold by the glass and not in the original package or container; and in addition, the retail sale of wine sold in the original package or container to be consumed off the premises. The fee shall be $500 per year.
F. 
Retail "Class C" wine licenses. "Class C" licenses may be issued by the Village Board pursuant to the provisions of Wis. Stats. § 125.51(3m) and authorize the retail sale of wine by the glass or in an opened original container for consumption on the premises where sold. The license fee shall be $100 per year.
G. 
Temporary "Class B" wine licenses.
(1) 
Notwithstanding Wis. Stats. § 125.68(3), temporary "Class B" licenses may be issued by the Village Board pursuant to the provisions of Wis. Stats. § 125.51(10) to bona fide clubs and chambers of commerce, county or local fair associations or agricultural societies, churches, lodges or societies that have been in existence for at least six months before the date of application, and to posts of veterans organizations authorizing the sale of fermented malt beverages (or wine) at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. The license fee shall be $10.
[Amended at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I)]
(2) 
The Village Clerk-Treasurer shall have the authority to approve requests for temporary "Class B" wine licenses under Wis. Stats. § 125.51(10) for those events for which Village Board approval may not be obtained in a timely manner and for which the applying organization has obtained approval by the Board for previous similar events.
H. 
Operators' licenses. Operators' licenses may be issued by the Village Board pursuant to the provisions of Wis. Stats. § 125.17 for the purposes of compliance with Wis. Stats. §§ 125.32(2) and 125.68(2). The fee shall be $50 and the license shall be valid for one year expiring on June 30. No operators license may be issued unless the applicant provides evidence of compliance with the beverage server training course or otherwise complies with the provisions of Wis. Stats. § 125.17(6).
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 and shall be filed with the Village Clerk-Treasurer for presentation to the Village Board.
B. 
Prior to approval of a license application under this chapter, the Village Clerk-Treasurer shall publish each application for a Class "A," Class "B," "Class A," "Class B" or "Class C" license except for Temporary Class "B" and Temporary "Class B" license applications, pursuant to the provisions of Wis. Stats. § 125.04(3)(g).
C. 
All license applications shall be referred to the Chief of Police for investigation to assure compliance of applicants with the provisions of Wis. Stats. § 125.04(5).
D. 
Any person may inspect applications for licenses to sell alcohol beverages.
[Amended by Ord. No. 1588]
A. 
Statutory requirements. Licenses may be issued only to persons eligible therefor under Wis. Stats. § 125.04(5).
B. 
Health and sanitation requirements. No Class "B," "Class B" or "Class C" license may 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 of the Village of Whitefish Bay.
C. 
License quotas. Not more than eight Class "B" licenses nor more than eight "Class B" licenses may be issued. Not more than six Class "A" licenses nor more than six "Class A" licenses may be issued.
D. 
Corporations and limited liability companies. No license may be granted to any corporation or limited liability company which does not meet the requirements set forth in Wis. Stats. §§ 125.04(5) and 125.04(6). No corporation or limited-liability company may be issued a license unless said corporation or limited liability company first appoints an agent. In addition to the qualifications under Wis. Stats. §§ 125.04(5) and 125.04(6), the agent must, with respect to character, record and reputation, be satisfactory to the Village Board. The corporation or limited liability company shall vest in the agent full authority and control over the premises, including all responsibility for its operation.
E. 
Age requirements. No license may be granted to any person who has not attained the legal drinking age, as defined by Wis. Stats. § 125.02(8m).
F. 
Display of license. Every license issued under this article shall be posted and at all times displayed as provided in Wis. Stats. § 125.04(10).
G. 
Presence of licensee agent or operator. Pursuant to Wis. Stats. §§ 125.32(2) and 125.68(2), there shall be on the premises at all times the premises are open for business the licensee, the agent named in the license if the licensee is a corporation or limited liability company, or some person who has an operators' license, who shall be responsible for the operation of the business.
H. 
Operator/bartender licenses. Operator/bartender licenses may be issued by the Village Board pursuant to the provisions of Wis. Stats. § 125.17 for the purposes of compliance with Wis. Stats. §§ 125.32(2) and 125.68(2). The fee shall be $40 and the license shall be valid for one year expiring on June 30. No operator's license may be issued unless the applicant provides evidence of compliance with the beverage server training course or otherwise complies with the provisions of Wis. Stats. § 125.16(6).[1]
[1]
Editor's Note: Original Sec. 15.05, Soda Water Beverages, adopted by Ord. No. 1583, which immediately followed this subsection, was repealed by Ord. No. 1787.