[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; 8-5-2019 by Ord. No.
1853]
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.
(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. Pursuant to § 125.51(3),
Wis. Stats., a "Class B" license authorizes the retail sale of intoxicating
liquor by the glass and not in the original package or container for
consumption on the premises where sold or for consumption off the
premises if the licensee seals the container of intoxicating liquor
with a tamper-evidence seal before the intoxicating liquor is removed
from the premises. In addition, wine may be sold in the original package
or container in any quantity to be consumed off the premises where
sold. The fee shall be $500 per year.
[Amended 4-19-2021 by Ord. No. 1883]
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.
(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.
