Village of Elm Grove, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Elm Grove 3-22-1955; as amended through 2-13-1995. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Adult-oriented establishments — See Ch. 87.
Dance halls — See Ch. 123.
Drug paraphernalia — See Ch. 128.
Minors — See Ch. 190.
Peace and good order — See Ch. 208.
A. 
The provisions of Chapter 125 of the Wisconsin Statutes, as created by Chapter 79 of the 1981 Laws of Wisconsin, and all acts amendatory thereof and supplementary thereto relating to the regulation 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 this chapter. A violation of any such provisions shall constitute a violation of this chapter.
B. 
Underage persons.
(1) 
As provided for in § 125.10, Wis. Stats., the provisions of §§ 125.07(1) and (4)(a), (b) and (bm), 125.085(3)(b) and 125.09(2), Wis. Stats., regulating the conduct of underage persons are hereby expressly adopted and incorporated into this chapter by reference. Violators of these provisions shall be subject to the penalties set forth in said sections of the Wisconsin Statutes and as hereafter amended.
(2) 
As provided for in § 125.07(1), Wis. Stats.:
(a) 
No person may procure for, sell, dispense or give away any alcohol beverages to any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.
(b) 
No licensee or permittee may sell, vend, deal or traffic in alcohol beverages to or with any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.
(c) 
No adult may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by an underage person on premises owned by the adult or under the adult's control. This subsection does not apply to alcohol beverages used exclusively as part of a religious service.
(d) 
No adult may intentionally encourage or contribute to a violation of § 125.07(4)(a) or (b), Wis. Stats.
(3) 
Any person who commits a violation of Subsection B(2)(a), (b), (c) or (d) of this section shall be subject to a forfeiture of not more than $500 if the person has not committed a previous violation within 30 months of the violation. The thirty-month period shall be measured from the dates of violations that resulted in the imposition of a forfeiture or conviction. Any person who commits more than one violation of Subsection B(2)(a), (b), (c) or (d) within a thirty-month period shall be subject to penalties set forth in § 125.07(1)(b)(2)(b) to (d), Wis. Stats.
[Amended 12-11-2000]
As used in this chapter, the following terms shall have the meanings indicated:
ALCOHOL BEVERAGES
Fermented malt beverages and intoxicating liquor.
CLUB
An organization, whether incorporated or not, which is the owner, lessee or occupant of a building or portion thereof used exclusively for club purposes, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent or athletic purpose but not for pecuniary gain and which only sells alcohol beverages incidental to its operation.
FERMENTED MALT BEVERAGES
Any beverage made by the alcohol fermentation of an infusion in potable water of barley malt and hops, with or without unmalted grains or decorticated and degerminated grains or sugar containing 0.5% or more of alcohol by volume.
HOTEL
A hotel as defined in § 254.61(3), Wis. Stats., that is provided with a restaurant, except that for purposes of § 171-6C(3) of this chapter, it shall have 100 or more rooms of sleeping accommodations and either an attached restaurant with a seating capacity of 150 or more persons or a banquet room in which banquets attended by 400 or more persons may be held.
[Amended 8-9-1999]
INTOXICATING LIQUOR
All ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing 0.5% or more of alcohol by volume, which are beverages, but does not include fermented malt beverages.
LEGAL DRINKING AGE
The meaning prescribed in § 125.02(8m), Wis. Stats.
PERSON
A natural person, sole proprietorship, partnership, limited liability company, corporation or association.
PREMISES
The area described in a license or permit.
RESTAURANT
A restaurant as defined in § 254.61(5), Wis. Stats., except that for purposes of § 171-6C(3) of this chapter it shall have a seating capacity of 300 or more persons.
[Amended 8-9-1999]
SELL, SOLD, SALE OR SELLING
Any transfer of alcohol beverages with consideration or any transfer without consideration if knowingly made for purposes of evading the law relating to the sale of alcohol beverages or any shift, device, scheme or transaction for obtaining alcohol beverages, including the solicitation of orders for, or the sale for future delivery of, alcohol beverages.
UNDERAGE PERSON
A person who has not attained the legal drinking age.
VILLAGE
The Village of Elm Grove, Wisconsin.
WHOLESALER
A person, other than a brewer, manufacturer or rectifier, who sells alcohol beverages to a licensed retailer or to another person who holds a permit to sell alcohol beverages at wholesale.
WINE
Products obtained from the normal alcohol fermentation of the juices or must of sound, ripe grapes, other fruits or other agricultural products, imitation wine compounds sold as wine, vermouth, cider, perry, mead and sake, if such products contain 0.5% or more of alcohol by volume.
WINE COOLER
Beverages containing products obtained from the normal alcohol fermentation of the juices or must of sound, ripe grapes, other fruits or other agricultural products, imitation wine compounds sold as wine, vermouth, cider, perry, mead and sake, if such beverages contain not more than 6% of alcohol by volume.
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 or gift any intoxicating liquor or fermented malt beverage, or cause the same to be done, without having procured a license, permit or authorization 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 village applicable thereto.
B. 
Separate license required for each place of sale. A license shall be required for each of those premises where intoxicating liquor or fermented malt beverages are kept, sold or offered for sale.
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 this section and as provided in §§ 125.17, 125.18, 125.25, 125.26, 125.28 and 125.51, Wis. Stats. Except as otherwise provided in this chapter, the full license fee shall be charged for the whole or fraction of any year. All license years shall be deemed to commence as of July 1.
A. 
Retail Class "A" license. A Class "A" license may be issued by the Village Board under § 125.25, Wis. Stats., and authorizes retail sales of fermented malt beverages in original packages, containers or bottles only for consumption off the premises where sold. The license fee shall be $100 per year. A license may be issued after July 1. That license shall expire on the following June 30. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued.
B. 
Retail Class "B" license. A Class "B" license may be issued by the Village Board under § 125.26, Wis. Stats., and authorizes retail sales of fermented malt beverages to be consumed either on the premises where sold or off the premises. Persons holding a Class "B" license may sell beverages containing less than 0.5% alcohol by volume without obtaining a license under § 66.053(1), Wis. Stats.
(1) 
The fee for a Class "B" license shall be $100 per year. A license may be issued after July 1. That license shall expire on the following June 30. The fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for the which the license is issued. A Class "B" license may be issued at any time after July 1 for a period of six months in any license year, for which 50% of the license fee shall be paid. But such short-term licenses shall not be renewable during the calendar year in which issued.
(2) 
Special events. A temporary Class "B" license may be issued by the Village Clerk to bona fide clubs, to county or local fair associations or agricultural societies, to churches, lodges or societies and to posts of veterans' organizations any of which have been in existence for at least six months before the date of application for special events. A license issued under this subsection authorizes the sale of fermented malt beverages at particularly described picnics or other similar gatherings, such as at a meeting of the veterans' post or during a fair conducted by the fair association or agricultural society. No temporary Class "B" license holder shall allow any underage person to be present on the premises for which the temporary Class "B" license is issued unless the temporary Class "B" license specifically grants permission for underage persons to be present. Application for a temporary Class "B" license under the provisions of this subsection shall be made not less than five business days before the event is scheduled to take place. Upon approval the applicant shall receive a temporary Class "B" license under the provisions of this subsection upon payment of a fee of $10 per permitted event.
C. 
Picnics or similar gatherings on public property.
(1) 
Special permit. A special permit may be issued by the Village Clerk to families or clubs including, but not limited to, nonprofit charitable organizations, to state, county, or local fair associations or agricultural societies, to churches, lodges or societies and to posts of veterans' organizations. A special permit issued under this section authorizes the consumption and dispensing of fermented malt beverages and/or wine coolers at particularly described picnics or other similar gatherings which are held on public property. No charge shall be allowed in connection with the serving, selling, consumption, or distribution of fermented malt beverages and/or wine coolers at events for which a special permit has been granted unless a Temporary Class "B" license or a Temporary "Class B" license has also been obtained under this chapter for said event. A special permit for an event for which a Temporary Class "B" or Temporary "Class B" license has been or will be procured may only be issued by the Village Clerk upon proof by the applicant that liability insurance coverage of not less than one-half-million dollars has been procured for the contemplated event. This subsection is not intended to regulate the internal activities of private organizations, nor legitimate private social events held entirely on private property.
(2) 
Except as otherwise provided within Subsection C(1) of this section or authorized by ordinance or resolution of the Village Board, the consumption or dispensing of alcoholic beverages on any public property or on a highway as defined in § 340.01(22), Wis. Stats., is prohibited.
[Amended 2-8-1999; 6-14-1999]
(3) 
The application for a special permit under the provisions of this subsection shall be made to the Village Clerk not less than 48 hours before the event takes place. Said application shall include an agreement signed by the applicant on behalf of the entity applying for a special permit whereby the applicant expressly warrants and represents that the Village of Elm Grove, its officers, agents and employees shall be held harmless and indemnified from any and all claims which may arise from the issuance of a special permit under this chapter. The Village Clerk shall refer to the Finance and Licensing Committee any applications for a special permit under this subsection where there is a question as to whether an applicant qualifies for a special permit under this subsection.
(4) 
There shall be no fee for a special permit under this subsection. However, a special permit may not be issued to any family or club for more than three occasions per year under this subsection, provided that each "occasion" is defined to mean no more than three consecutive calendar days.
[Amended 12-11-2000]
(5) 
A special permit may be issued by the Village Clerk to organized sports teams participating in an Elm Grove Recreation Department program. Applicants shall be charged $25 for one special permit which shall be good for the entire season, not to exceed a four-month period, provided that an authorized member of the team provides an application on the form provided by the village together with a team roster and schedule, including name, address and date of birth for all members. This is a nonrefundable fee, and the permit can be revoked without notice for violation of this chapter or at the discretion of the Village Manager.
[Added 2-8-1999]
(6) 
Except as otherwise provided within this section, residents attending village-sponsored events in the park, such as July 4th celebration and concerts in the park, and as otherwise specified by the Village Manager upon prior notice to the Village Board of Trustees at a scheduled Board meeting do not have to apply for a special permit for consumption of fermented malt beverages, wine and/or wine coolers, providing that said beverages will not be consumed by, or dispensed to, persons other than those legally permitted to possess or consume said types of beverages.
[Added 2-8-1999]
D. 
Wholesaler's fermented malt beverage license. A wholesaler's license may be issued by the Village Board under § 125.28, Wis. Stats., and authorizes sales of fermented malt beverages only in original packages or containers to retailers or wholesalers, not to be consumed in or about the premises where sold. The fee shall be $25 per year.
E. 
Retail "Class A" license. A "Class A" license may be issued by the Village Board under § 125.51(2), Wis. Stats., and authorizes the retail sale of intoxicating liquor in original packages and containers for consumption off the premises where sold. The fee shall be $500 per year.
F. 
Retail "Class B" license. A "Class B" license may be issued by the Village Board under § 125.51(3), Wis. Stats., and authorizes the sale of intoxicating liquor to be consumed by the glass only on the premises where sold and also authorizes the sale of intoxicating liquor in the original package or container, in quantities not to exceed four liters at any one time, and to be consumed off the premises where sold. Wine, however, may be sold for consumption off the premises in the original package or container in any quantity. The fee shall be $500 per year. Except as otherwise specified in § 125.51(3)(f), Wis. Stats., a "Class B" license may be issued only to a holder of a Class "B" license to sell fermented malt beverages.
G. 
Reserve "Class B" license. A reserve "Class B" license may be issued by the Village Board under § 125.51(4)(a)(4), Wis. Stats., to authorize the sale of intoxicating liquors to be consumed by the glass only on the premises where sold and also to authorize the sale of intoxicating liquor in the original package or container, in quantities not to exceed four liters at any one time, and to be consumed off the premises where sold. Wine, however, may be sold for consumption off the premises in the original package or container in any quantity. The fee shall be $10,000 for initial issuance plus $500 for the first year's license. Each annual renewal fee shall be $500 per year. Except as otherwise specified in § 125.51(3)(f), Wis. Stats., a reserve "Class B" license may be issued only to a holder of a Class "B" license to sell fermented malt beverages. Bona fide clubs, as defined in § 171-2, that make application for a reserve "Class B" liquor license are exempted from the issuance fee of $10,000 and required to pay only the first year license fee, provided that the club is situated in the village and incorporated in the state for at least six years.
[Added 8-9-1999]
H. 
"Class A" and "Class B" licenses. For either "Class A" or "Class B" licenses:
[Amended 8-9-1999]
(1) 
A license may be issued after July 1 in any license year. All licenses 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, except that the initial issuance fee of $10,000 for a reserve "Class B" liquor license shall not be prorated.
I. 
Temporary "Class B" licenses. Notwithstanding § 125.68(3), Wis. Stats., temporary "Class B" licenses may be issued by the Village Clerk to bona fide clubs, to county or local fair associations or agricultural societies, to 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 wine containing not more than 6% alcohol by volume in an original package, container or bottle or by the glass if the wine is dispensed directly from an original package, container or bottle 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. application for a temporary "Class B" license under the provisions of this chapter shall be made not less than five business days before the event is scheduled to take place. Upon approval the applicant shall receive a temporary "Class B" license under the provisions of this subsection upon payment of a fee of $10 per permitted event, except that no fee shall be charged if a temporary Class "B" license is applied for at the same time for the same event.
J. 
Operator's license.
(1) 
Under § 125.17, Wis. Stats., an operator's license may be issued by the Village Board for purposes of compliance with §§ 125.32(2) and 125.68(2), Wis. Stats. The fee shall be $50 and it shall be valid for two years.
(2) 
Effective July 1, 1991, no operator's license may be issued unless the applicant provides the Village Board with evidence of compliance with license training provisions contained in § 125.17(6), Wis. Stats.
(3) 
A provisional operator's license shall be issued to an applicant by the Village Clerk upon written application. The applicant must be 18 years of age and a resident of this state and must have applied for an operator's license and have provided proof of enrollment in the training class required by § 125.17(6), Wis. Stats. No provisional operator's license shall be granted if the applicant has been denied an operator's license by the Village Board or if the applicant, subject to §§ 111.321, 111.322 and 111.335, Wis. Stats., has an arrest or conviction record of alcohol offenses. The provisional operator's license shall cost $15 and expire 60 days from the date of issuance or when an operator's license is issued by the Village Board, whichever is sooner. The Village Clerk shall immediately revoke the provisional operator's license in the event the holder fails to successfully complete the course required by § 125.17(6), Wis. Stats.
K. 
Temporary operator's license. A temporary operator's license may be issued by the Village Board for purposes of compliance with §§ 125.32(2) and 125.68(2), Wis. Stats., to persons employed by or donating their services to nonprofit corporations. No person may hold more than one temporary operator's license per year. The temporary operator's license shall cost $10 and shall be valid for the period stated on the license, which shall be from one day to 14 days.
L. 
Retail "Class C" license. A "Class C" license may be issued by the Village Board under Wis. Stat. § 125.51(3m) to a person qualified under Wis. Stat. § 125.04(5) for a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts and which does not have a barroom or for a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts and which has a barroom in which wine is the only intoxicating liquor sold. A "Class C" license may not be issued to a foreign corporation, a foreign limited liability company or a person acting as agent for or in the employ of another. The fee shall be $100 per year. A "Class C" license issued under this section authorizes the retail sale of wine by the glass or in an opened original container for consumption on the premises where sold. For purposes of this subsection, "barroom" means a room that is primarily used for the sale or consumption of alcohol beverages.
[Added 12-11-2000]
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 for presentation to the Finance and Licensing Committee of the Village Board. Said Committee shall meet not later than May 15 of each year and be in session from day to day thereafter so long as it may be necessary for the purpose of acting upon such applications for licenses as may be presented to it on or before April 15. On or before June 1 of each year, said Committee shall make recommendations to the Village Board as to whether any and all applications for licenses so filed shall be granted and issued or denied, and, on or before June 15 of each year, the Village Board shall act on all such applications for licenses and grant and issue or deny them. Any application for a license filed with the Village Clerk after April 15 of any year may be presented to the Finance and Licensing Committee of the Village Board at any regular or special meeting thereof for action, but in no event shall such license be granted by the Village Board after recommendation by its Finance and Licensing Committee in less than 15 days after the application for such license has been filed with the Village Clerk.
B. 
Prior to approval of a license application under this chapter, the Village Clerk shall publish each application for a Class "A," Class "B," "Class A" or "Class B" license, except for temporary Class "B" and temporary "Class B" license applications. Said notice shall be published in a newspaper having the largest circulation within the village. If the newspaper is a daily newspaper, notice shall be published on three successive occasions or at least one time if the newspaper is a weekly newspaper. Such publication shall include the name and address of the applicant, the kind of license applied for and the location of the premises to be licensed.
[Amended 4-22-2008]
C. 
Upon the filing of the application, the applicant shall pay the village a sum for publication of the notice of the application for license as computed by the rate per folio for legal notices as established by law.
D. 
Within 10 days of any change in any fact set out in an application for a license or permit to sell alcohol beverages, the licensee or permittee shall file a written description of the changed fact with the Village Clerk.
E. 
The Village Clerk shall retain all applications made for licenses to sell beverages. However, the Village Clerk may destroy all applications more than four years old.
F. 
Any person may inspect applications for licenses to sell alcohol beverages retained by the village.
G. 
By July 15 annually, the Village Clerk shall mail to the Wisconsin Department of Revenue a list containing the name, address and trade name of each person holding a license issued by the village, other than a manager's or operator's license or a temporary Class "B" license, the type of license held and, if the person holding the license is a corporation or limited liability company, the name of the agent required under § 125.04(6), Wis. Stats.
A. 
Statutory requirements. Licenses shall be issued only to persons eligible therefor under §§ 125.04(5), 125.33(7)(b) and 125.69(4)(b), Wis. Stats.
B. 
Health and sanitation requirements. No Class "B" or "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 Commerce pertaining to buildings and plumbing, to the rules and regulations of the State Department of Health and Family Services applicable to restaurants and to all such ordinances and regulations adopted by the Village of Elm Grove.
C. 
License quota. The number of persons and places that may be granted a "Class B" liquor license under this section is limited by § 125.51(4), Wis. Stats.
[Amended 8-9-1999]
(1) 
Retail "Class B" liquor license. Effective December 1, 1997, the village shall not issue more than seven Retail "Class B" liquor licenses.
(2) 
Reserve "Class B" liquor license. Effective December 1, 1997, the village shall not issue more than five reserve "Class B" liquor licenses. The village may issue one additional reserve "Class B" liquor license whenever the village population of 6,203 increases by a population of 500, or fraction thereof. Increases in population shall be determined by the Village Clerk pursuant to § 125.51(4)(bm), Wis. Stats.
(3) 
Exception. If no reserve or retail "Class B" liquor licenses are available, the village may nevertheless issue a retail "Class B" liquor license to a hotel or restaurant, as those terms are defined in § 171-2 of this chapter. The initial and the renewal fee shall be the same as provided under § 171-4F for a retail "Class B" license.
(4) 
Wholesaler's fermented malt beverage license. No more than two wholesaler's fermented malt beverage licenses shall be in use in any one year.
D. 
Corporations and limited liability companies. No license shall be granted to any corporation or limited liability company which does not meet the requirements set forth in § 125.04(5) and (6), Wis. Stats. The corporation or limited liability company shall appoint an agent as required by § 125.04(6), Wis. Stats., by the filing of the form prescribed by the village together with the application for a license. In addition to meeting the requirements set forth in § 125.04(5), Wis. Stats., the agent must, with respect to character, record and reputation, be satisfactory to the village.
E. 
Age requirements. No license, other than operators' licenses or temporary operators' licenses, shall be granted to any person under the minimum age specified by Wisconsin Statutes pursuant to §§ 125.02(8m) and 125.04(5), Wis. Stats., for the consumption of alcohol. Operators' licenses may be issued only to applicants who have attained the age of 18.
F. 
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.
G. 
Issuance for sales and sales in dwellings prohibited. No license may be issued to any person for the purpose of possessing, selling or offering for sale any alcoholic beverage in any dwelling house, flat or residential apartment. No person shall sell or offer to sell any alcoholic beverage in any dwelling house, flat or residential apartment.
H. 
State residency requirement. Licenses, other than operators' licenses and temporary operators' licenses, may be issued only to persons who have been residents of this state continuously for at least 90 days prior to the date of application.
I. 
Sales of alcoholic beverages to intoxicated persons. No licensee may procure for, sell, dispense or give away alcoholic beverages to a person who is intoxicated. Any licensee who violates this provision shall be subject to a forfeiture of not less than $100 nor more than $500.
J. 
Proof of seller's permit required. Prior to the issuance of a license to a person or business required to have a seller's permit under Ch. 77, Wis. Stats., the Village Clerk shall require proof that the person to whom such license or permit is to be issued is the holder of a seller's permit or has been informed by an employee of the Wisconsin Department of Revenue that the Department of Revenue will issue a seller's permit to that person.
[Amended 12-11-2000]
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. The license shall not be delivered until the applicant shall produce and file with the clerk a receipt showing payment of the sum required therefor to the Village Treasurer.
A. 
As to person.
(1) 
Licenses to sell alcohol beverages, except reserve "Class B" liquor licenses, may be transferred to persons other than the licensee if the licensee, or an applicant for a subsequently granted license, dies or becomes bankrupt or makes an assignment for the benefit of creditors during the license year or after filing the application. If a retail licensee, other than the holder of a reserve "Class B" liquor license, becomes disabled, the village may, upon application, transfer the license to the licensee's spouse if that spouse may hold that type of license under the Wisconsin Statutes and complies with all requirements under this chapter applicable to original applicants, except that the spouse is exempt from payment of the license fee for the year in which the transfer takes place.
[Amended 8-9-1999]
(2) 
Upon the happening of any of the events under Subsection A(1), the personal representative, the surviving spouse if a personal representative is not appointed, the trustee or the receiver may continue or sell or assign the business.
(3) 
If the business is sold or assigned, the license, except for a reserve "Class B" liquor license, may be transferred to the successor owner or assignee at no charge if:
[Amended 8-9-1999]
(a) 
He or she complies with the requirements applicable to original applicants; and
(b) 
He or she is acceptable to the village and consent to the transfer is given by the village.
(4) 
Reserve "Class B" liquor licenses may be transferred or assigned, provided the transferee or assignee complies with the requirements applicable to original applicants, including payment of the initial fee and the prorated fee set forth under § 171-4G and the transfer fee set forth under Subsection B.
[Added 8-9-1999]
B. 
As to place. Every alcohol beverage license or permit may be transferred to another place or premises within the village. An alcohol beverage warehouse permit under § 125.19, Wis. Stats., a winery permit under § 125.53, Wis. Stats., or an intoxicating liquor wholesaler's permit under § 125.54, Wis. Stats., may be transferred to another premises within this state. Transfers shall be made by the village upon payment of a fee of $10. No retail licensee, retail permittee, intoxicating liquor wholesaler or holder of a warehouse or winery permit is entitled to more than one transfer during the license or permit year.
Every license issued under this chapter shall be posted and at all times displayed as provided in § 125.04(10), Wis. Stats.
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 of underage persons. Minors 14 through 17 years of age may be employed in places where alcohol beverages are stored, sold or served provided the minors are not serving, selling, dispensing or giving away alcohol beverages and they are at all times under the immediate supervision of the licensee, a member of the licensee's immediate family who is of legal drinking age or a person holding an operator's license.
C. 
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.
D. 
Presence on licensed premises of licensee or operator; serving of alcohol beverages.
(1) 
Pursuant to §§ 125.32(2) and 125.68(2), Wis. Stats., except as otherwise permitted under §§ 125.32(3)(b) and 125.07(3)(a)(10), Wis. Stats., there shall be upon such premises at all times during operation of the business the licensee, the agent named in the license if the licensee is a corporation or limited liability company or some person who shall have an operator's license or a member of the immediate family of the licensee who has attained the age of 18, who shall be responsible for the acts of all persons selling or serving in any manner fermented malt beverages or intoxicating liquor to customers.
(2) 
No person, including underage members of a licensee's immediate family, other than the licensee or agent may serve alcohol beverages in any establishment licensed by a Class "A," Class "B," "Class A" or "Class B" license under this chapter unless he or she has an operator's license or is at least 18 years of age and is under the immediate supervision of the licensee or agent or a person holding an operator's license who is on the premises at the time of the service.
E. 
Restriction of persons allowed on licensed premises after hours. Except as provided in § 125.32(3)(b), Wis. Stats., no persons, other than the licensee, employees of the licensee, salespersons, service personnel or employees of wholesalers, who are actively performing job-related activities shall be upon the licensed premises after closing hours.
[Amended 3-22-2005]
F. 
Consumption on licensed premises after closing hours.
[Added 3-22-2005]
(1) 
No person shall consume fermented malt beverages or intoxicating liquor on the licensed premises after the closing time for such licensed premises.
A. 
No premises for which a wholesale or retail liquor or fermented malt beverage license has been issued shall remain open for the sale of alcoholic beverages:
(1) 
If a wholesale liquor permit, between 5:00 p.m. and 8:00 a.m., except on Saturday when the closing hour shall be 9:00 p.m.
(2) 
If a wholesale fermented malt beverage license has been issued, between 9:00 p.m. and 8:00 a.m.
(3) 
If a Class "A" or "Class A" license, between 9:00 p.m. and 8:00 a.m.
(4) 
If a Class "B" or a "Class B" license, between 2:00 a.m. and 6:00 a.m., except on Saturdays and Sundays between 2:30 a.m. and 6:00 a.m. On January 1, the premises shall not be required to close.
B. 
Between 12:00 midnight and 6:00 a.m. no person may sell fermented malt beverages on Class "B" licensed premises in an original unopened package, container or bottle or for consumption away from the premises.
C. 
Hotels and restaurants whose principal business is the furnishing of food or lodging to patrons, and bowling centers and golf courses, may remain open for the conduct of their regular business, but no intoxicating liquors or fermented malt beverages shall be sold during prohibited hours.
[Amended 8-9-1999]
The provisions of § 125.12(1) through (2)(ar), Wis. Stats., are hereby incorporated by reference in their entirety. Any licensee who procures for, sells, dispenses or gives away alcoholic beverages to a person who is a minor under state law shall be subject to suspension as provided under §§ 125.07 and 125.12(1), Wis. Stats.
The provisions of § 125.12(2)(b), Wis. Stats., are hereby incorporated by reference in their entirety. Whenever the Village Board or Municipal Court revokes or suspends a license or permit or imposes a penalty on a licensee or permittee for the violation of this chapter or Ch. 125, Wis. Stats., the Village Clerk or the Clerk of the Municipal Court shall, within 10 days after the revocation, suspension or imposition of the penalty, mail a report to the Department of Revenue at Madison, Wisconsin, giving the name of the licensee, the address of the licensed premises and a full description of the penalty imposed.
The Village Board may refuse to renew a license for the causes provided in § 125.12(2)(ag), Wis. Stats. Prior to the time for the renewal of the license, the Village Board shall notify the licensee in writing of the village's intention not to renew the license and provide the licensee with an opportunity for a hearing. The notice shall state the reasons for the intended action. The hearing shall be conducted as provided in § 125.12(2)(b), Wis. Stats., and judicial review shall be as provided in § 125.12(2)(d), Wis. Stats.
A violation of this chapter by a duly authorized agent or employee of the licensee shall constitute a violation by the licensee or permit holder.
[Amended 7-26-2005]
Any person who shall violate any provision of this chapter or any rule or regulation made under this chapter shall be subject to a penalty as provided in § 1-16 of this Code.