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 Part 1 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 Part 1. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made a part of this Part 1 in order to secure uniform statewide regulation of alcohol beverage control.
As used in this Part 1, the terms "alcoholic beverages," "intoxicating liquors," "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 Part 1 nor without complying with all the provisions of this Part 1 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 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.
[Amended 3-8-2010 by Ord. No. 2-10]
B.
Retail "Class B" intoxicating liquor license. A retail
"Class B" intoxicating liquor license, when issued by the Village
Clerk under the authority of the Village Board, shall permit its holder
to sell intoxicating liquors to be consumed by the glass only on the
premises so licensed or off the premises if the licensee seals the
container of intoxicating liquor with a tamper-evident seal before
the intoxicating liquor is removed from the premises. A retail "Class
B" intoxicating liquor license also permits its holder to sell intoxicating
liquors in the original package or container, in any quantity, to
be consumed off the premises. In addition, wine may be sold in the
original package or container in any quantity to be consumed off the
premises.
[Amended 3-8-2010 by Ord. No. 2-10; 4-12-2021 by Ord. No. 9-21]
C.
Class "A" fermented malt beverage retailer's license.
A Class "A" retailer's fermented malt beverage license, when issued
by the Village Clerk 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.
[Amended 3-8-2010 by Ord. No. 2-10]
D.
Class "B" fermented malt beverage retailer's license.
A Class "B" fermented malt beverage retailer's license, when issued
by the Village Clerk 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.
[Amended 3-8-2010 by Ord. No. 2-10]
E.
Temporary licenses.
[Amended 3-8-2010 by Ord. No. 2-10; 7-9-2012 by Ord. No. 17-12]
(1)
Temporary
Class "B" beer license. A fermented malt beverage license issued to
bona fide clubs, county or local fair associations, agricultural societies,
lodges or societies that have been in existence for not less than
six months prior to the date of application, and to posts of veterans
organizations authorizing them to sell fermented malt beverages at
a particular picnic or similar gathering, or at a meeting of any such
post, or during a fair conduced by such fair association or agricultural
society.
(2)
Temporary
"Class B" wine license. A license issued to bona fide clubs, county
or local fair associations, agricultural societies, lodges or societies
that have been in existence for not less than six months prior to
the date of application, and to posts of veterans organizations authorizing
them to sell wine containing not more than six-percent 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, or at a meeting
of any such post, or during a fair conducted by such fair association
or agricultural society.
F.
Wholesaler's license. A wholesaler's fermented malt
beverage license, when issued by the Village Clerk 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.
[Amended 3-8-2010 by Ord. No. 2-10]
G.
Reserve "Class B" liquor license. A reserve "Class
B" liquor license is a license available under the quota system existing
before December 1, 1997, that was not granted or issued by the Village
as of December 1, 1997. The number of reserve "Class B" licenses available
is determined by the calculations described in § 125.51(4)(a)4
and (br), Wis. Stats.
[Added 1-12-2004 by Ord. No. 3-04]
H.
"Class C" wine license. A "Class C" wine license,
when issued by the Village Clerk under the authority of the Village
Board, shall entitle the holder thereof to sell wine by the glass
or in an opened original container for consumption on the premises
where sold. A "Class C" wine license may be granted to an applicant
only if the applicant meets the qualifications set out in § 125.04(5),
Wis. Stats., the license is for a restaurant in which the sale of
alcohol beverages accounts for less than 50% of gross receipts, and
wine is the only intoxicating liquor sold in the barroom.
[Added 1-12-2004 by Ord. No. 3-04; amended 3-8-2010 by Ord. No.
2-10]
I.
Provisional license. The Village Clerk shall issue a provisional
retail license in accordance with § 125.185, Wis. Stats.,
to a person who has applied for a retail license. A provisional retail
license shall expire 60 days after its issuance or when the retail
license is issued to the holder, whichever is sooner. The Village
Clerk shall provide an appropriate application form to be completed
in full by the applicant. The Village Clerk may revoke the provisional
retail license if the Clerk discovers that the holder of the provisional
license made a false statement on the application. The fee for a provisional
retail license shall be $15.
[Added 10-29-2015 by Ord.
No. 14-15]
[Amended 7-13-1998 by Ord. No. 15-98; 3-25-2002 by Ord. No. 6-02; 1-12-2004 by Ord. No. 3-04]
A.
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 as set by the Village
Board, shall permit the holder to sell, deal or traffic in intoxicating
liquors or fermented malt beverages as provided in Ch. 125, Wis. Stats.:
[Amended 3-8-2010 by Ord. No. 2-10]
(1)
Retail "Class A" intoxicating liquor license.
(2)
Retail "Class B" intoxicating liquor license.
(3)
Class "A" fermented malt beverage retailer's license.
(5)
Special Class "B" fermented malt beverage picnic license.
(6)
Wholesaler's license.
(7)
Reserve "Class B" liquor license.
(8)
"Class C" wine license.
B.
Publication fee. A publication fee in the amount of
the actual fee incurred by the Village for publication of the statutory
notice shall be added to the license fees set by the Village Board.
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
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.
[Amended 3-8-2010 by Ord. No. 2-10]
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 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.
D.
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.[1]
[1]
Editor's Note: Former Subsection E, regarding
Class A license quotas, which immediately followed this subsection,
was repealed 1-9-2006 by Ord. No. 2-06.
E.
Fee. The
applicant shall pay an application fee in the amount as set by the
Village Board at the time a license application is filed with the
Village Clerk.
[Added 4-12-2010 by Ord. No. 5-10]
A.
Residence requirements. A retail Class A or retail
Class B fermented malt beverage or intoxicating liquor license shall
be granted only to persons who are citizens of the United States and
of Wisconsin.
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. No Class "A" or "B" licenses shall
be granted to any underage person as defined by the Wisconsin Statutes.
E.
Corporate restrictions.
(1)
No license shall be granted to any corporation which does not comply with the provisions of § 125.04(6), Wis. Stats., which does not have an agent eligible for a license under this Part 1 or under state law, or which has more than 50% of the stock interest, legal or beneficial, in such corporation held by any person or persons not eligible for a license under this Part 1 or under the state law.
(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 a
statement of transfers of stock within 48 hours after such transfer
of stock.
[Amended 3-8-2010 by Ord. No. 2-10]
(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 Part 1 or under the state law.
F.
Separate license required for each place of sale.
A separate license shall be required for each stand, place, room or
enclosure or for each suite of rooms or enclosures which are in a
direct connection or communication where intoxicating liquor or fermented
malt beverages are kept, sold or offered for sale, and no license
shall be issued to any person, firm, partnership, corporation or association
for the purpose of possession, selling or offering for sale any intoxicating
liquors or fermented malt beverages in any dwelling house, flat or
residential apartment.
A.
In determining the suitability of an applicant, consideration
shall be given to the moral character and financial responsibility
of the applicant, the appropriateness of the location and premises
proposed and generally the applicant's fitness for the trust to be
reposed.
B.
No license shall be granted for operation on any premises
or with any equipment for which taxes or assessments or other financial
claims of the Village are delinquent and unpaid.
C.
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 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.
[Amended 1-12-2004 by Ord. No. 3-04]
[1]
Editor’s Note: Former § 162-8.1, Grants for certain
reserve “Class B” liquor licenses, was repealed 6-13-2016
by Ord. No. 5-16.
[Amended 1-12-2004 by Ord. No. 3-04; 3-8-2010 by Ord. No.
2-10; 7-9-2012 by Ord. No. 17-12]
A.
The Village Board may issue those licenses identified in § 162-4 hereof. The Village Clerk may also issue temporary Class "B" beer and temporary "Class B" wine licenses, provisional operators’ licenses and all soda licenses.
B.
Department
notification. By July 15 annually, the Village Clerk shall mail to
the Department 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 appointed under § 125.04(6), Wis. Stats.
[Amended 1-12-2004 by Ord. No. 3-04; 3-8-2010 by Ord. No. 2-10]
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. Proceedings for such transfer shall be had in the same
form and manner as the original application. The fee for such transfer
shall be set by the Village Board. Whenever a license is transferred,
the Village Clerk 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.
B.
Whenever the agent of a corporate holder of a license
is for any reason replaced, the licensee shall give the Village Clerk
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 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
and the Wisconsin Department of Revenue.
[Amended 1-12-2004 by Ord. No. 3-04; 3-8-2010 by Ord. No. 2-10]
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 shall affix his or her affidavit
to the license.
A.
Every person licensed in accordance with the provisions
of this Part 1 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" and "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" licenses
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 alcoholic 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" 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" 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 licenses issued under this Part 1. No
Class "B" license shall be issued unless the premises to be licensed
conform to such rules and regulations.
F.
Restrictions near schools and churches. No retail
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. No gambling or game of chance
of any sort shall be permitted in any form upon any premises licensed
under this Part 1 or the laws of the State of Wisconsin.
I.
Credit prohibited. No retail Class A or Class B liquor
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, ware, merchandise or other articles
in exchange for alcohol beverages.
J.
Licensee or permittee responsible for acts of help.
A violation of this Part 1 by a duly authorized agent or employee
of a licensee or permittee under this Part 1 shall constitute a violation
by the licensee or permittee. Whenever any licensee or permittee under
this Part 1 shall violate any portion of this Part 1, proceedings
for the suspension or revocation of the license or permit of the holder
thereof may be instituted in the manner prescribed in this Part 1.
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.
L.
Closing hours, Class "A" and "Class A" premises. A
premises for which a Class "A" license has been issued may remain
open for the conduct of its regular business but may not sell fermented
malt beverages between the hours of 12:00 midnight and 6:00 a.m. A
premises for which a "Class A" license has been issued may remain
open for the conduct of its regular business but may not sell intoxicating
liquor between the hours of 9:00 p.m. and 6:00 a.m.
[Added 3-2-1992 by Ord. No. 4-92; amended 9-12-2016 by Ord. No.
14-16]
B.
Abandonment of premises.
(1)
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.
(2)
Any person holding an alcohol beverage license issued
by the Village shall operate the licensed business at the authorized
location for not less than 180 days during the term of such license.
(3)
The Village may revoke or refuse to renew the license
of any person who fails to operate the licensed business for the minimum
period required herein. The proceedings for the revocation of such
license or refusal to renew such license may be instituted in the
manner and under the procedure established in § 125.12,
Wis. Stats.
C.
License revocation or suspension.
(1)
Notice and hearing. Whenever a person holding a license
to sell alcoholic beverages has failed to maintain the premises according
to standards prescribed for sanitation, or in whose premises persons
are permitted to loiter for purposes of prostitution, or when the
licensee has not observed and obeyed any lawful order of the Village
Board or police officers of the Village, has violated Village ordinances,
or for any other good reason, the Village Board shall issue a summons,
to be signed by the Village Clerk, commanding the licensee complained
of to appear before the Finance and Personnel Committee or a special
committee designated by the Village Board on a day and time and at
a place named in the summons to show cause why the license should
not be revoked or suspended.
[Amended 3-8-2010 by Ord. No. 2-10]
(a)
Such summons shall be served not less than three
and not more than 10 days before the time at which the licensee is
commanded to appear and may be served personally upon the licensee
or the agent of the licensee or upon the person in charge of the licensed
premises. The complaint shall be served with the summons and shall
set forth the offense allegedly committed, the date and place of said
offense and the facts constituting the alleged offense.
(b)
If such licensee shall not appear as required
by the summons, the complaint shall be taken as true, and if the Committee
deems its allegations sufficient, the Committee shall recommend revocation
or suspension of the license as provided herein.
(2)
Procedure on hearing; effect of revocation.
(a)
The Finance and Personnel Committee or a designated
committee shall serve as a hearing agency for the Village Board.
[Amended 10-11-2010 by Ord. No. 22-10]
(b)
The Chair of the Committee, or the Chair's designee,
shall conduct the hearing, administer oaths to all witnesses and may
issue subpoenas. So far as practicable, the rules of evidence provided
in § 227.45, Wis. Stats., shall be followed. The complainant
shall have the burden of proving the charges to a preponderance of
the evidence. The licensee and the complainant may be represented
by counsel and may call and examine witnesses and cross-examine witnesses
of the other party. All proceedings and testimony shall be recorded
on tape and transcribed. If either party requests a stenographic recording
and transcription, the Village shall make the necessary arrangements,
but the expenses shall be borne by the requesting party. The Village
Clerk shall serve as Secretary to the Committee and shall make and
receive all exhibits admitted into the record.
[Amended 3-8-2010 by Ord. No. 2-10]
(c)
Within 10 days of the completion of the hearing
and filing of briefs, if any, the Committee, upon the testimony and
evidence presented at the hearing, shall determine by simple majority
vote of those present whether the charges are true and, if so, submit
a report to the Village Board, including its findings of fact, conclusions
of law and a recommendation as to what action, if any, the Village
Board should take with respect to the license. If the recommendation
is to suspend the license, it shall be for a period of not less than
10 days or more than 90 days. Following the procedure above, the recommendation
may be to revoke the license. If the Committee determines that the
charges are not substantiated, it shall recommend to the Village Board
that the complaint be dismissed without cost to either party. The
Committee's recommendation shall be promptly filed with the Village
Clerk. The Clerk shall prepare five copies of the transcript of the
proceedings, all exhibits and the recommendation of the Committee.
[Amended 3-8-2010 by Ord. No. 2-10]
(d)
At the regular meeting of the Village Board
after the filing of the Committee's recommendation, the Village Board
shall act on the recommendation and may reverse or modify any portion
thereof by a simple majority vote. The recommendation of the Committee
shall become the decision of the Village Board unless reversed or
modified. No further testimony or evidence shall be allowed before
the Village Board. Only those members of the Village Board who have
certified to the Village Clerk in writing that they have read the
transcript, exhibit and recommendation made shall be permitted to
vote on the matter. The Village Clerk shall make said certifications
a part of the record. The decision of the Village Board shall be a
final determination for purposes of judicial review.
[Amended 3-8-2010 by Ord. No. 2-10]
(e)
If the complaint is found to be true, the licensee
shall pay to the Village the actual cost of the proceedings. If the
complaint is found by the Village Board to be malicious and without
probable cause, the complainant shall pay the cost of the proceedings
in the same amount.
(f)
When a license is revoked, it shall be so entered
of record by the Village Clerk, and no other license shall be granted
to such licensee or for such premises for a period of 12 months from
the date of the revocation, nor shall any part of the money paid as
an application fee for any license so revoked be refunded.
[Amended 3-8-2010 by Ord. No. 2-10]
D.
Nonrenewal of license. The Village Attorney may, after investigation, commence an action before the Finance and Personnel Committee to hear evidence and make a recommendation to the Village Board that a license issued pursuant to this Part 1 not be renewed. The Chair of the Committee shall, in writing, notify the licensee of the consideration of nonrenewal. Such notification shall be in the form of and shall serve as the summons and complaint and shall include a statement of the reasons for the consideration of the nonrenewal of the license in the same specificity required for a summons and complaint for revocation or suspension. If the license is recommended for nonrenewal, costs may be assessed against the licensee and any renewal application fee shall be forfeited. In all other respects, the provisions of Subsection C above shall apply. The commencement of this action shall stay action by the Village Board on the licensee's application until the Committee makes its recommendation.
[Amended 10-11-2010 by Ord. No. 22-10]
E.
Other provisions. Any license issued pursuant to this Part 1 shall be subject to such further regulations and restrictions as may be imposed by the Village Board by amendment to this section or by the enactment of new ordinances. If any licensee shall fail or neglect to meet the requirements imposed by such new restrictions and regulations his license may be revoked in accordance with this section. In case of revocation of any license for any violation of any provision of this Part 1 in accordance with this section or by the court or for any reasonable cause except the imposition of new restrictions, no refund shall be made of any part of the license fee.
F.
Point values for alcohol beverage violations, revocations
and suspensions.
(1)
Purpose. The purpose of this subsection is to administratively interpret those portions of this Part 1 relating to establishing an alcohol beverage demerit point system to assist in determining which license holders should be subject to suspension or revocation procedures.
[Amended 1-12-2004 by Ord. No. 3-04]
(2)
Point schedule. The scale of demerit points is listed
according to the type of alcohol beverage violation. This demerit
point system is used to identify habitually troublesome license holders
who have repeatedly violated state statutes and Village ordinances
for the purpose of recommending suspension or revocation of their
alcohol beverage licenses.
|
Type of Violation
|
Point Value
| |
|---|---|---|
|
Sale of alcohol beverages without license or
permit; sale of controlled substances on licensed premises
|
100
| |
|
Sale of alcohol beverages to underaged person
|
50
| |
|
Sale of alcohol beverages to intoxicated person
|
50
| |
|
Underaged person on premises
|
50
| |
|
Intoxicated bartender; disorderly conduct on
premises
|
50
| |
|
After-hours consumption
|
50
| |
|
Refusal to allow police to search premises or
refusal to cooperate with lawful police investigation
|
50
| |
|
Licensee, agent or operator not on premises
at all times
|
25
| |
|
Persons on premises after closing hours
|
25
| |
|
Violation of carry-out hours
|
25
| |
|
Licensee permitting person to leave licensed
premises with open container after business hours
|
25
| |
|
All other violations of this Part 1
|
25
|
(3)
Violations, how calculated. In determining the accumulated
demerit points against a licensee within 12 months, the Village shall
use the date each violation was committed as the basis for the determination.
(4)
Suspension or revocation of license.
(a)
The Finance and Personnel Committee of the Village
Board shall call before it for purposes of a revocation or suspension
hearing all licensees who have accumulated 100 points in a twelve-month
period as a result of court-imposed convictions or who have had referred
to it reports from the Village Attorney which, if believed, would
result in 100 demerit points in 12 months.
[Amended 10-11-2010 by Ord. No. 22-10]
(b)
If the demerit point accumulation, calculated
from the date of violation, exceeds 100 points in a twelve-month period,
150 points in a twenty-four-month period or 200 points in a thirty-six-month
period, the suspension shall be for not less than 10 days nor more
than 90 days. If the license(s) is revoked, no other license shall
be granted to such licensee or for such premises for a period of 12
months from the date of revocation.
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 Clerk 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 Clerk during normal working hours Monday through
Friday. 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" license.
[Amended 3-8-2010 by Ord. No. 2-10]
B.
During the period of any nonalcohol event, a notice
card prescribed by the Village 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.
[Added 8-9-2004 by Ord. No. 27-04]
Notwithstanding anything to the contrary in Chapter 162 of the Code of the Village of Belgium, it shall be prohibited in a sexually oriented business, as defined in § 228-2 of this Code, to serve, sell, use, provide or consume any intoxicating liquor, cereal malt beverage or any other alcoholic beverage.
