The provisions of Ch. 125, Wis. Stats., relating
to the sale of intoxicating liquor and fermented malt beverages, except
provisions therein relating to penalties to be imposed, are hereby
adopted by reference and made a part of this chapter as if fully set
forth herein. Any act required to be performed or prohibited by any
statute incorporated herein by reference is required or prohibited
by this chapter. Any future amendments, revisions or modifications
of the statutes incorporated herein are intended to be made a part
of this chapter in order to secure uniform statewide regulation of
alcohol beverage control.
As used in this chapter, the terms "alcohol
beverages," "intoxicating liquor," "principal business," "legal drinking
age," "premises," "sell," "sold," "sale," "restaurant," "club," "retailer,"
"person," "fermented malt beverages," "wholesalers," "operators,"
and "nonintoxicating beverages" shall have the meaning given them
by Ch. 125, Wis. Stats.
No person, firm or corporation shall vend, sell,
deal or traffic in or have in his possession with intent to vend,
sell, deal or traffic in or, for the purpose of evading any law or
ordinance, give away any intoxicating liquor or fermented malt beverage
in any quantity whatever, 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 and regulations
applicable thereto, except as provided by §§ 125.16,
125.27, 125.28 and 125.51, Wis. Stats.
A.
Retail "Class A" intoxicating liquor license. A retail
"Class A" intoxicating liquor license, when issued by the Village
Clerk-Treasurer under the authority of the Village Board, shall permit
its holder to sell, deal and traffic in intoxicating liquors only
in original packages or containers and to be consumed off the premises
so licensed.
B.
Retail "Class B" intoxicating liquor license. A retail
"Class B" intoxicating liquor license, when issued by the Village
Clerk-Treasurer under authority of the Village Board, shall permit
its holder to sell, deal and traffic in intoxicating liquors to be
consumed by the glass only on the premises so licensed and in the
original package or container in multiples not to exceed four liters
at any one time, to be consumed off the premises, except that wine
may be sold in the original package or otherwise in any other quantity
to be consumed off the premises.
C.
Class "A" fermented malt beverage retailer's license.
A Class "A" retailer's fermented malt beverage license, when issued
by the Village Clerk-Treasurer under the authority of the Village
Board, shall entitle the holder thereof to possess, sell or offer
for sale fermented malt beverages only for consumption away from the
premises where sold and in the original packages, containers or bottles.
Such license may be issued after July 1. The license shall expire
on the following June 30.
D.
Class "B" fermented malt beverage retailer's license.
(1)
License. A Class "B" fermented malt beverage retailer's
license, when issued by the Village Clerk-Treasurer under the authority
of the Village Board, shall entitle the holder thereof to possess,
sell or offer for sale fermented malt beverages, either to be consumed
upon the premises where sold or away from such premises. The holder
may also sell beverages containing less than 1/2 of a per centum of
alcohol by volume without obtaining a special license to sell such
beverages. Such license may be issued after July 1. The license shall
expire on the following June 30.
(2)
Application. Class "B" licenses may be issued to any
person qualified under § 125.04(5), Wis. Stats. Such licenses
may not be issued to any person acting as agent for or in the employ
of another, except that this restriction does not apply to a hotel
or restaurant which is not a part of or located on the premises of
any mercantile establishment, or to a bona fide club, society or lodge
that has been in existence for at least six months before the date
of application. A Class "B" license for a hotel, restaurant, club,
society or lodge may be issued in the name of an officer who shall
be personally responsible for compliance with this chapter. Except
as provided in § 125.31, Wis. Stats., Class "B" licenses
may not be issued to brewers or fermented malt beverages wholesalers.
E.
Temporary Class "B" fermented malt beverage license.
(1)
License. As provided in § 125.26(1) and
(6), Wis. Stats., temporary Class "B" fermented malt beverage licenses
may be issued 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 fermented
malt beverages 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. A license issued to a county or district fair
licenses the entire fairgrounds where the fair is being conducted
and all persons engaging in retail sales of fermented malt beverages
from leased stands on the fairgrounds. The county or district fair
to which the license is issued may lease stands on the fairgrounds
to persons who may engage in retail sales of fermented malt beverages
from the stands while the fair is being held. Such license is valid
for dates as approved by the Village Board.
(2)
Application. Application for such license shall be
signed by the president or corresponding officer of the society or
association making such application and shall be filed with the Village
Clerk-Treasurer together with the appropriate license fee for each
day for which the license is sought. Any person fronting for any group
other than the one applied for shall, upon conviction thereof, be
subject to a forfeiture of $200 and will be ineligible to apply for
a temporary Class "B" license for one year. The license shall specify
the hours and dates of license validity. The application shall be
filed a minimum of 15 days prior to the meeting of the Village Board
at which the application will be considered for events of more than
three consecutive days. If the application is for a license to be
used in a Village park, the applicant shall specify the main point
of sale facility.
F.
Temporary "Class B" wine license.
(1)
License. Notwithstanding § 125.68(3), Wis.
Stats., temporary "Class B" licenses may be issued 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. No fee may be charged to a person who, at
the same time, applies for a temporary Class "B" beer license under
§ 125.26(6), Wis. Stats., for the same event. A license
issued to a county or district fair licenses the entire fairgrounds
where the fair is being conducted and all persons engaging in retail
sales of wine containing not more than 6% alcohol by volume from leased
stands on the fairgrounds. The county or district fair to which the
license is issued may lease stands on the fairgrounds to persons who
may engage in retail sales of wine containing not more than 6% alcohol
by volume from the stands while the fair is being held.
(2)
Application. Application for such license shall be
signed by the president or corresponding officer of the society or
association making such application and shall be filed with the Village
Clerk-Treasurer together with the appropriate license fee for each
day for which the license is sought. Any person fronting for any group
other than the one applied for shall, upon conviction thereof, be
subject to a forfeiture of $200 and will be ineligible to apply for
a temporary "Class B" wine license for one year. The license shall
specify the hours and dates of license validity. The application shall
be filed a minimum of 15 days prior to the meeting of the Village
Board at which the application will be considered for events of more
than three consecutive days. If the application is for a license to
be used in a Village park, the applicant shall specify the main point
of sale facility.
G.
Wholesaler's license. A wholesaler's fermented malt
beverage license, when issued by the Village Clerk-Treasurer under
authority of the Village Board, shall entitle the holder thereof to
possess, sell or offer for sale fermented malt beverages only in original
packages or containers to dealers, not to be consumed in or about
the premises of said wholesaler.
H.
Retail "Class C" licenses.
(1)
In this subsection "barroom" means a room that is
primarily used for the sale or consumption of alcohol beverages.
(2)
A "Class C" license authorizes the retail sale of
wine by the glass or in an opened original container for consumption
on the premises where sold.
(3)
A "Class C" license may be issued to a person qualified
under § 125.04(5), Wis. Stats., 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 if the municipality's quota
prohibits the municipality from issuing a "Class B" license to that
person. A "Class C" license may not be issued to a foreign corporation
or a person acting as agent for or in the employ of another.
(4)
A "Class C" license shall particularly describe the
premises for which it is issued.
There shall be the following classes of licenses which, when issued by the Village Clerk-Treasurer under the authority of the Village Board after payment of the license fee and publication costs hereinafter specified, shall permit the holder to sell, deal or traffic in intoxicating liquors or fermented malt beverages as provided in § 195-4 of this chapter and Ch. 125, Wis. Stats.:
A.
Class "A" fermented malt beverages retailer's license.
The annual fee for this license shall be as set by the Village Board.
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.
Class "B" fermented malt beverage license. The annual
fee for this license shall be as set by the Village Board. This license
may be issued at any time for six months in any calendar year, for
which 50% of the applicable license fee shall be paid, but such license
shall not be renewable during the calendar year in which issued. 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.
C.
Temporary Class "B" fermented malt beverage license.
The fee for this license shall be as set by the Village Board.
D.
Temporary "Class B" wine license. The fee for this
license shall be as set by the Village Board. However, there shall
be no fee if the temporary wine license is obtained along with a temporary
fermented malt beverage license.
E.
Fermented malt beverage wholesalers' license. The
annual fee for this license shall be as set by the Village Board.
F.
"Class A" intoxicating liquor retailer's license.
The annual fee for this license shall be as set by the Village Board.
G.
"Class B" intoxicating liquor retailer's license.
The annual fee for this license shall be as set by the Village Board.
This license may be issued at any time for six months in any calendar
year, for which 50% of the applicable license fee shall be paid, but
such license shall not be renewable during the calendar year in which
issued.
H.
"Class C" wine license. The annual fee for this license
shall be as set by the Village Board. The fee for less than 12 months
shall be prorated.
I.
Reserve "Class B" license.[1]
(1)
Pursuant to § 125.51(3)(e)2, Wis. Stats.,
reserve "Class B" licensees will be required to pay an initial license
fee of $10,000.
(2)
All new reserve "Class B" licensees who are required
to pay the initial reserve "Class B" license fee of $10,000 shall
be eligible to receive from the Village of Orfordville a grant of
$10,000.
(3)
Payment of the grant to a licensee shall be conditioned
upon the following:
(a)
Payment of the initial reserve "Class B" license
fee of $10,000 by the licensee by certified check or in United States
currency.
(b)
The grant and issuance of the initial reserve
"Class B" license to the licensee.
(c)
Proper execution and completion of the license
application by the reserve "Class B" licensee or the licensee's authorized
representative.
A.
Contents. Application for a license to sell or deal
in intoxicating liquor or fermented malt beverages shall be made in
writing on the form prescribed by the Wisconsin Department of Revenue
and shall be sworn to by the applicant as provided by §§ 887.01
to 887.03, Wis. Stats., and shall be filed with the Village Clerk-Treasurer
not less than 15 days prior to the granting of such license. The premises
shall be physically described, to include every room and storage space
to be covered by the license, including all rooms not separated by
a solid wall or joined by connecting entrances.
B.
Corporations. Such application shall be filed and
sworn to by the applicant, if an individual, or by the president and
secretary, if a corporation.
C.
Publication. The Village Clerk-Treasurer shall publish
each application for a Class "A," Class "B," "Class A," "Class B,"
or "Class C" license. There is no publication requirement for temporary
Class "B" picnic beer licenses under § 125.26, Wis. Stats.,
or temporary "Class B" picnic wine licenses under § 125.51(10),
Wis. Stats. The application shall be published once in a newspaper
of general circulation in the Village, and the costs of publication
shall be paid by the applicant at the time the application is filed,
as determined under § 985.08, Wis. Stats.
D.
Representative. The applicant or his agent, for a
license under this chapter other than a temporary license, shall not
be required to attend the Board meeting at which the application will
be considered unless requested in writing by the Board. If so requested,
the applicant or his agent shall be required to attend such Board
meeting. The applicant or his agent, for a temporary license, shall
attend the Board meeting at which the application shall be considered.
E.
Amending application. Whenever anything occurs to
change any fact set out in the application of any licensee, such licensee
shall file with the issuing authority a notice in writing of such
change within 10 days after the occurrence thereof.
F.
License quotas. Retail intoxicating liquor and fermented
malt beverage licenses issued by the Village Board shall be limited
in number to the quota prescribed by state law.
A.
Residency requirements. A retail Class "A" or Class
"B" fermented malt beverage or "Class A" or "Class B" intoxicating
liquor license shall be granted only to persons who are citizens of
the United States and who have been residents of the State of Wisconsin
continuously for at least 90 days prior to the date of the application.
B.
Applicant to have malt beverage license. No retail
"Class B" intoxicating liquor license shall be issued to any person
who does not have or to whom is not issued a Class "B" retailer's
license to sell fermented malt beverages.
C.
Right to premises. No applicant will be considered
unless he has the right to possession of the premises described in
the application for the license period, by lease or by deed.
D.
Age of applicant. Licenses related to alcohol beverages
shall only be granted to persons who have attained the legal drinking
age.
E.
Corporate restrictions.
(1)
No license or permit may be issued to any corporation
unless the corporation meets the qualifications under § 125.04(5)(a)1
and 4 and (b), Wis. Stats., unless the agent of the corporation appointed
under § 125.04(6), Wis. Stats., and the officers and directors
of the corporation meet the qualifications of § 125.04(5)(a)1
and 3 and (b), Wis. Stats., and unless the agent of the corporation
appointed under § 125.04(6), Wis. Stats., meets the qualifications
under § 125.04(5)(a)2, Wis. Stats. The requirement that
the corporation meet the qualifications under § 125.04(5)(a)1
and (b), Wis. Stats., does not apply if the corporation has terminated
its relationship with all of the individuals whose actions directly
contributed to the conviction.
(2)
Each corporate applicant shall file with its application
for such license a statement by its officers showing the names and
addresses of the persons who are stockholders together with the amount
of stock held by such person or persons. It shall be the duty of each
corporate applicant and licensee to file with the Village Clerk-Treasurer
a statement of transfers of stock within 48 hours after such transfer
of stock.
(3)
Any license issued to a corporation may be revoked
in the manner and under the procedure established in § 125.12,
Wis. Stats., when more than 50% of the stock interest, legal or beneficial,
in such corporation is held by any person or persons not eligible
for a license under this chapter or under the state law.
F.
Sales tax qualification. All applicants for retail
licenses shall provide proof, as required by § 77.61(11),
Wis. Stats., that they are in good standing for sales tax purposes
(i.e., hold a seller's permit) before they may be issued a license.
G.
Connecting premises. Except in the case of hotels,
no person may hold both a "Class A" license and either a "Class B"
license or permit, a Class "B" license or permit, or a "Class C" license
for the same premises or for connecting premises. Except for hotels,
if either type of license or permit is issued for the same or connecting
premises already covered by the other type of license or permit, the
license or permit last issued is void. If both licenses or permits
are issued simultaneously, both are void.
H.
Limitations on other business; Class "B" premises.
No Class "B" license or permit may be granted for any premises where
any other business is conducted in connection with the premises, except
that this restriction does not apply if the premises for which the
Class "B" license or permit is issued is connected to premises where
other business is conducted by a secondary doorway that serves as
a safety exit and is not the primary entrance to the Class "B" premises.
No other business may be conducted on premises operating under a Class
"B" license or permit. These restrictions do not apply to any of the
following:
(1)
A hotel.
(2)
A restaurant, whether or not it is a part of or located
in any mercantile establishment.
(3)
A combination grocery store and tavern.
(4)
A combination sporting goods store and tavern in towns,
villages and fourth class cities.
(5)
A combination novelty store and tavern.
(6)
A bowling alley or recreation premises.
(7)
A club, society or lodge that has been in existence
for six months or more prior to the date of filing application for
the Class "B" license or permit.
The Village Clerk-Treasurer shall notify the
Police Department, Fire Inspector and Building Inspector of each new
application, and these officials shall inspect or cause to be inspected
each application and the premises, together with such other investigation
as shall be necessary to determine whether the applicant and the premises
sought to be licensed comply with the regulations, ordinances and
laws applicable thereto, including those governing sanitation in restaurants,
and whether the applicant is a proper recipient of a license. These
officials shall furnish to the Village Clerk-Treasurer in writing,
who shall forward to the Village Board, the information derived from
such investigation, accompanied by a recommendation as to whether
a license should be granted or refused. No license shall be renewed
without a reinspection of the premises and report as originally required.
A.
No license shall be granted for operation on any premises
or with any equipment for which taxes, assessments, forfeitures or
other financial claims of the Village are delinquent and unpaid.
B.
No license shall be issued unless the premises conform
to the sanitary, safety and health requirements of the State Building
Code and the regulations of the State Board of Health and local Board
of Health applicable to restaurants. The premises must be properly
lighted and ventilated, must be equipped with separate sanitary toilet
and lavatory facilities equipped with running water for each sex and
must conform to all ordinances of the Village.
C.
Consideration for the granting or denial of a license
will be based on:
(1)
Arrest and conviction record of the applicant, subject
to the limitations imposed by §§ 111.321, 111.322,
and 111.335, Wis. Stats.;
(2)
The financial responsibility of the applicant;
(3)
The appropriateness of the location and the premises
where the licensed business is to be conducted; and
(4)
Generally, the applicant's fitness for the trust to
be reposed.
D.
An application may be denied based upon the applicant's
arrest and conviction record if the applicant has been convicted of
a felony (unless duly pardoned) or if the applicant has habitually
been a law offender. For purposes of this licensing procedure, "habitually
been a law offender" is generally considered to be an arrest or conviction
of at least two offenses which are substantially related to the licensed
activity within the five years immediately preceding the license application.
Because a license is a privilege, the issuance of which is a right
granted solely to the Village Board, the Village Board reserves the
right to consider the severity, and facts and circumstances of the
offense when making the determination to grant, deny or not renew
a license. Further, the Board, at its discretion, may, based upon
an arrest or conviction record of two or more offenses which are substantially
related to the licensed activity within the five years immediately
preceding, act to suspend such license for a period of one year or
more.
A.
Opportunity shall be given by the governing body to
any person to be heard for or against the granting of any license.
Upon the approval of the applicant by the Village Board, the Village
Clerk-Treasurer shall issue to the applicant a license, upon payment
by the applicant of the license fee to the Village.[1]
B.
If the Village Board denies the license, the applicant
shall be notified in writing, by registered mail or personal service,
of the reasons for the denial. The notice shall also inform the applicant
of the opportunity to appear before the Village Board and to provide
evidence as to why the denial should be reversed. In addition, the
notice shall inform the applicant that the reconsideration of the
application shall be held in closed session, pursuant to § 19.85(1)(b),
Wis. Stats., unless the applicant requests such reconsideration be
held in open session and the Village Board consents to the request.
Such written notice shall be mailed or served upon the applicant at
least 10 days prior to the Village Board meeting at which the application
is to be reconsidered.
A.
In accordance with the provisions of § 125.04(12),
Wis. Stats., a license shall be transferable from one premises to
another if such transfer is first approved by the Village Board. An
application for transfer shall be made on a form furnished by the
Village Clerk-Treasurer. Proceedings for such transfer shall be had
in the same form and manner as the original application. The fee for
such transfer is prescribed by § 125.04(12), Wis. Stats.
Whenever a license is transferred, the Village Clerk-Treasurer shall
forthwith notify the Wisconsin Department of Revenue of such transfer.
In the event of the sale of a business or business premises of the
licensee, the purchaser of such business or business premises must
apply to the Village for reissuance of said license, and the Village,
as the licensing authority, shall in no way be bound to reissue said
license to said subsequent purchaser. [1]
B.
Whenever the agent of a corporate holder of a license
is for any reason replaced, the licensee shall give the Village Clerk-Treasurer
written notice of said replacement, the reasons therefor and the new
appointment. Until the next regular meeting or special meeting of
the Village Board, the successor agent shall have the authority to
perform the functions and be charged with the duties of the original
agent. However, said license shall cease to be in effect upon receipt
by the Village Clerk-Treasurer of notice of disapproval of the successor
agent by the Wisconsin Department of Revenue or other peace officer
of the municipality in which the license was issued. The corporation's
license shall not be in force after receipt of such notice or after
a regular or special meeting of the Village Board until the successor
agent or another qualified agent is appointed and approved by the
Village.
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. The Village Clerk-Treasurer shall affix to the license
his affidavit.
A.
Every person licensed in accordance with the provisions
of this chapter shall immediately post such license and keep the same
posted while in force in a conspicuous place in the room or place
where said beverages are drawn or removed for service or sale.
B.
It shall be unlawful for any person to post such license
or to be permitted to post it upon premises other than those mentioned
in the application or knowingly to deface or destroy such license.
All retail Class "A," Class "B," "Class A" and
"Class B" licenses granted hereunder shall be granted subject to the
following conditions, and all other conditions of this section, and
subject to all other ordinances and regulations of the Village applicable
thereto:
A.
Consent to entry. Every applicant procuring a license
thereby consents to the entry of police or other duly authorized representatives
of the Village at all reasonable hours for the purpose of inspection
and search, and consents to the removal from said premises of all
things and articles there had in violation of Village ordinances or
state laws, and consents to the introduction of such things and articles
in evidence in any prosecution that may be brought for such offenses.
B.
Employment of minors. No retail "Class B" or Class
"B" licensees shall employ any underage person, as defined in the
Wisconsin Statutes, but this shall not apply to hotels and restaurants.
Family members may work on the licensed premises but are not permitted
to sell or dispense alcohol beverages.
C.
Disorderly conduct prohibited. Each licensed premises
shall, at all times, be conducted in an orderly manner, and no disorderly,
riotous or indecent conduct shall be allowed at any time on any licensed
premises.
D.
Licensed operator on premises. There shall be upon
premises operated under a "Class B," Class "B" or "Class C" license,
at all times, the licensee, members of the licensee's immediate family
who have attained the legal drinking age, and/or some person who shall
have an operator's license and who shall be responsible for the acts
of all persons serving as waiters, or in any other manner, any fermented
malt beverages to customers. No person other than the licensee shall
serve fermented malt beverages in any place operated under a "Class
B," Class "B" or "Class C" license unless he possesses an operator's
license or there is a person with an operator's license upon said
premises at the time of such service.
E.
Health and sanitation regulations. The rules and regulations
of the State Board of Health governing sanitation in restaurants shall
apply to all "Class B" liquor or "Class C" licenses issued under this
chapter. No "Class B" or "Class C" license shall be issued unless
the premises to be licensed conforms to such rules and regulations.
F.
Restrictions near schools and churches. No retail
Class "A," Class "B," "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.
This subsection shall not apply to premises licensed as such on June
30, 1947, 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.
G.
Clubs. No club shall sell or give away any intoxicating
liquors except to bona fide members and guests invited by members.
H.
Gambling prohibited. Except as authorized by state
law, no gambling or game of chance of any sort shall be permitted
in any form upon any premises licensed under this chapter or the laws
of the State of Wisconsin.
I.
Credit prohibited. No retail Class "A," Class "B,"
"Class A," "Class B" or "Class C" liquor, wine, or fermented malt
beverage licensee shall sell or offer for sale any alcohol beverage
to any person or persons by extending credit, except hotel credit
extended to a resident guest or a club to a bona fide member. It shall
be unlawful for such licensee or permittee to sell alcohol beverages
to any person on a passbook or store order or to receive from any
person any goods, wares, merchandise or other articles in exchange
for alcohol beverages.
J.
Licensee or permittee responsible for acts of help.
A violation of this chapter by a duly authorized agent or employee
of a licensee or permittee under this chapter shall constitute a violation
by the licensee or permittee. Whenever any licensee or permittee under
this chapter shall violate any portion of this chapter, proceedings
for the suspension or revocation of the license or permit of the holder
thereof may be instituted in the manner prescribed in this chapter.
K.
Improper exhibitions. It shall be unlawful for any
person to perform, or for any licensee or manager or agent of the
licensee to permit any employee, entertainer or patron to engage in,
any live act, demonstration, dance or exhibition on the licensed premises
which:
(1)
Exposes his or her genitals, pubic hair, buttocks,
perineum, anal region or pubic hair region;
(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 female breast at or below
the areola thereof; or
(4)
Engages in or simulates sexual intercourse and/or
any sexual contact, including the touching of any portion of the female
breast or the male and/or female genitals.
[Amended 3-12-2012]
Closing hours shall be established in conformance
with § 125.32(3), Wis. Stats., and further restricted as
follows:
A.
Class "B"
licenses.
(1)
No
premises for which a retail "Class B" liquor, Class "B" fermented
malt beverage, or "Class C" wine license has been issued shall be
permitted to remain open for the sale of liquor or fermented malt
beverages or for any other purpose between the hours of 2:00 a.m.
and 6:00 a.m., Monday through Friday, and 2:30 a.m. and 6:00 a.m.,
Saturday and Sunday. There shall be no closing hours on January 1.
(2)
Hotels and restaurants, the principal business of which is the furnishing of food or 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 shall not sell liquor or malt beverages during the closing hours of Subsection A(1) above.
B.
Carry-out
hours. A premises having a Class A fermented malt beverage license
may not sell fermented malt beverages between the hours of 12:00 midnight
and 6:00 a.m. A premises having a Class A intoxicating liquor license
may not sell intoxicating liquor between the hours of 9:00 p.m. and
6:00 a.m.
It shall be unlawful for any person or organization
on a temporary basis to sell or offer to sell any alcohol beverage
upon any Village-owned property or privately owned property within
the Village of Orfordville, except through the issuance of a temporary
Class "B" fermented malt beverage license or temporary "Class B" wine
license issued by the Village Board in accordance with Wisconsin Statutes
and as set forth in this section. A temporary Class "B" fermented
malt beverage license or temporary "Class B" wine license authorizing
the sale and consumption of beer and/or wine on Village-owned property
or privately owned property may be authorized by the Village Board
provided the following requirements are met:
A.
Compliance with eligibility standards. The organization shall meet the eligibility requirements of a bona fide club, association, lodge or society as set forth in § 125.26(6), Wis. Stats., and shall fully comply with the requirements of this section and § 100-1 of this Code. Members of an organization which is issued a temporary license for the event shall attend the Board meeting at which the application is considered to learn what rules and regulations apply and what the responsibilities of the bartenders and organization will be.
B.
Posting of signs and licenses. All organizations issued
a temporary license shall post in a conspicuous location at the main
point of sale and at all remote points of sale a sufficient number
of signs stating that no fermented malt beverage shall be served to
any underage person without proper identification.
C.
Fencing. If necessary due to the physical characteristics
of the site, the Village Board may require that organizations install
a double fence around the main point of sale to control ingress and
egress and continually station a licensed operator, security guard
or other competent person at the entrance for the purpose of checking
age identification. Where possible, there shall be only one point
of ingress and egress. When required, the double fence shall be a
minimum of four feet high and a minimum of six feet between fences.
D.
Underage persons prohibited. No underage persons as
defined by the Wisconsin Statutes shall be allowed to assist in the
sale of fermented malt beverages or wine at any point of sale, nor
shall they be allowed to loiter or linger in the area of any point
of sale.
E.
Licensed operators requirement. A licensed operator
shall be stationed at all points of sales at all times.
F.
Waiver. The Village Board may waive or modify the
requirements of this section due to the physical characteristics of
the licensed site.
G.
Insurance. The applicant for a temporary fermented
malt beverage or wine license may be required to indemnify, defend
and hold the Village and its employees and agents harmless against
all claims, death of any person or any damage to property caused by
or resulting from the activities for which the permit is granted.
As evidence of the applicant's ability to perform the conditions of
the license, the applicant may be required to furnish a certificate
of comprehensive general liability insurance with the Village of Orfordville.
The applicant may be required to furnish a performance bond prior
to being granted the license.
A.
Procedure. Whenever the holder of any license under this chapter violates any portion of this chapter or Chapter 100, Alcohol Beverages, of this Code, proceedings for the revocation of such license may be instituted in the manner and under the procedure established by this section.
B.
Abandonment of premises. Any licensee holding a license
to sell alcohol beverages who abandons such business shall forfeit
any right or preference he may have to the holding of or renewal of
such license. Abandonment shall be sufficient grounds for revocation
of any alcohol beverage license. The closing of the licensed premises
for at least six months shall be prima facie evidence of the abandonment,
unless extended by the Village Board. All persons issued a license
to sell alcohol beverages in the Village for which a quota exists
limiting the number of such licenses that may be issued by the Village
shall cause such business described in such license to be operated
on the premises described in such license for at least 150 days during
the terms of such license, unless such license is issued for a term
of less than 180 days, in which event this subsection shall not apply.
C.
License revocation or suspension. License revocation
or suspension procedures shall be as prescribed by Ch. 125, Wis. Stats.
The presence of underage persons on a licensed
premises as provided under § 125.07(3)(a)10, Wis. Stats.,
shall be subject to the following:
A.
The licensee or agent of a corporate licensee shall
notify the Village office at least 48 hours in advance of the date
of any event at which underage persons will be present on the licensed
premises. Each such nonalcohol event notice shall specify the date(s)
on which the event is to occur and the time(s) of commencement. All
notices shall be filed with the Village office during normal working
hours (8:00 a.m. to 5:00 p.m., Monday through Friday) and shall be
given on forms prescribed by the Village. After a nonalcohol event
notice has been given, the licensee may cancel an event(s) only by
giving like notice to the Village in accordance with the provisions
of this subsection. Regardless of the date given, all notices shall
expire and be deemed canceled no later than the date of expiration
or revocation of the applicable retail Class "B" or "Class B" license.
B.
During the period of any nonalcohol event, a notice
card prescribed by the Village office shall be posted at all public
entrances to the licensed premises notifying the general public that
no alcohol beverages may be consumed, sold or given away on or carried
into the licensed premises during the event. Such notice cards shall
be made available by the Village to a requesting licensee.
C.
Once a nonalcohol event has commenced, no alcohol
beverages may be consumed, sold or given away on or carried into the
licensed premises until the next day following the closing hours of
the licensed premises.
D.
During the period of any nonalcohol event, all alcohol
beverages shall be stored in a locked portion of the licensed premises
in a secure place out of the sight and physical reach of any patron
present and shall be under the direct and immediate control and supervision
of the licensee or a licensed bartender in the employ of the licensee.
All beer taps and automatic dispensers of alcohol beverages ("speed
guns") shall be either disconnected, disabled or made inoperable.