[HISTORY: Adopted by the Village Board of the Village of Superior 3-8-2001 by Ord. No. 1. Amendments noted where applicable.]
Peace and good order — See Ch. 280.
The provisions of Chapter 125 of the Wisconsin Statutes and also all acts amendatory thereof and supplementary thereto relating to the sale of intoxicating liquor and fermented malt beverages are adopted as a portion of this chapter so far as applicable, except as otherwise lawfully provided by Village ordinance.
The Village of Superior, Wisconsin, elects to issue the following classes of licenses for the sale of fermented malt beverages:
The Village of Superior, Wisconsin, elects that only the following license is issued for the sale of intoxicating liquor: "Class B" license for the sale of intoxicating liquor under § 125.51(3)(e), Wis. Stats.; a yearly fee of $500.
The Village Clerk-Treasurer will issue these licenses under authority of the Board of Trustees.
All liquor and beer licenses must be framed and posted in the room where the business is carried on. Everyone visiting the business must be able to easily see the licenses in that room. Any related permits and licenses should be posted with the alcohol beverage license.
The Village of Superior, Wisconsin, elects to issue the following types of licenses:
Cabaret license: $200.
Operators' and cabaret licenses are valid for one year or any fraction thereof. Provisional licenses are valid for 60 days or less, in the event an operator's license is granted, and temporary licenses are valid up to 14 days, as stated on the license.
Village Board action is required to issue or renew a license. Nothing in this chapter shall be interpreted as requiring the Village Board to issue or renew any license.
In determining whether an applicant should receive a license, consideration shall be given to the moral character and financial responsibility of the applicant, the appropriateness of the location and premises proposed, the applicant's fitness for the trust to be reposed and such other factors as the Village Board may deem significant.
No license authorized by this chapter shall be issued or renewed to any corporation or partnership which has not first filed with the office of the Village Clerk-Treasurer an original alcohol beverage license application or a renewal application.
Any license or permit authorized by this chapter may be issued or renewed with conditions by the Village Board.
Premises licensed pursuant to this chapter shall at all times be kept and used in a legal, orderly, safe and sanitary manner in conformity with all building, fire and other regulations, ordinances and statutes. No disorderly, riotous, illegal or indecent conduct shall be allowed at any time on any licensed premises. The license holder shall keep sidewalks, curbs, gutters and boulevards lying adjacent to a licensed premises reasonably free of debris and litter. The license holder shall keep such parking lots and other land used in conjunction with a licensed premises reasonably free of debris and litter.
No person shall remain or loiter in any public or private place with the knowledge that any alcoholic beverage is being sold, dispensed, given away or made available to persons under the age of 21 unless all persons present under the age of 21 are accompanied by a parent, legal guardian or spouse who is at least 21 years of age or unless such presence is allowed by Wisconsin Statutes.
No person who is 21 years of age or older shall knowingly permit any person under the age of 21 to enter, remain or loiter in any premises, public or private, under his or her control, where alcoholic beverages are served, sold, dispensed, given away or made available to persons under the age of 21, unless all persons present under the age of 21 are accompanied by a parent, legal guardian or spouse 21 years of age or older or unless such presence is allowed by Wisconsin Statutes.
For purposes of enforcement of this chapter, a violation of this chapter or of any other law by a duly authorized agent or an employee of a licensee under this chapter shall constitute a violation by the licensee.
No cabaret license shall be issued except in conjunction with a "Class B" liquor license, unless the Village Board grants an exception. A cabaret license when issued by the Village of Superior shall entitle the holder thereof to give, permit, produce, present, conduct and offer entertainment or exhibitions consisting of music, dancing, singing, floor shows and cabaret performances only upon the licensed premises.
A cabaret license may be suspended or revoked by the Village Board for violation of any of the rules, regulations or laws governing or applying to cabaret premises or premises licensed to sell alcohol beverages as a tavern. The procedures set forth in § 125.12(2) and (3), Wis. Stats., shall apply in any revocation, suspension, or nonrenewal of a cabaret license.
Licensee shall provide liability insurance in an amount acceptable to the Village Attorney prior to issuance of such a license.
Any person, license holder, agent, firm or corporation violating any of the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, § 1-4, General penalty, of the Code of the Village. In addition to any such forfeiture, assessments and costs, any license or permit issued under this article may be revoked, suspended or not renewed by the Village Board upon any violation of this chapter by the license or permit holder, the licensee's agents or employees.
In addition to any other grounds for revoking, suspending or not renewing a license, any license issued under this chapter may be suspended, not renewed or revoked for cause arising from the location, management, employees or clientele of the licensed premises. Cause for revocation, nonrenewal or suspension includes noise, nuisances, traffic congestion, litter, vandalism, disorderly behavior, unlawful acts or other activity or condition detrimental to the public health, safety and welfare, and includes any occurrence or condition on the premises and on such street and properties which are in proximity to the premises. The Village Board may revoke, not renew, or suspend the license of any person who commits an offense substantially related to the activity for which the licensee is licensed.
No premises for which a Class "B" license or permit is issued may remain open between the hours of 2:00 a.m. and 6:00 a.m. On Saturday and Sunday, the closing hours shall be between 2:30 a.m. and 6:00 a.m., except that on the Sunday that daylight saving time begins, as specified in § 175.095(2), Wis. Stats., the closing hours shall be between 3:30 a.m. and 6:00 a.m. On January 1, premises operating under a Class "B" license or permit are not required to close.
Customers must leave the premises by the closing hour; internal business operations (counting cash, cleaning, repairs, etc.) may be done after hours, but licensees must be able to prove that anyone on the premises after hours is there for these purposes.
Any license issued pursuant to this chapter shall be subject to such further regulations and the Village Board may impose restrictions as by amendment of this chapter or by enactment of new ordinances. Failure to comply with such new restrictions or regulations shall subject the license to suspension or revocation.