[HISTORY: Adopted by the Village Board of
the Village of Pleasant Prairie 8-2-1999. Amendments noted where applicable.]
[Amended 8-17-2020 by Ord. No. 20-32]
The provisions of Ch. 125, Wis. Stats., defining,
describing and regulating the sale, procurement, dispensing, consumption
and transfer of alcohol beverages, including provisions relating to
underage persons, are adopted and made a part of this chapter by reference.
As and to the extent prohibited by § 125.07, Wis. Stats.,
and other state laws, it is unlawful for any person(s) to host or
allow an event or gathering at any residence, premises or on any other
private or public property where alcohol or alcohol beverages are
present when the person knows that an underage person will or does
consume any alcohol or alcohol beverage, or possesses any alcohol
or alcohol beverage with the intent to consume it, and the person
fails to take reasonable steps to prevent possession or consumption
by the underage person(s). Violation of any such provisions shall
constitute a violation of this chapter. Penalties for violations by
or relating to sale, procurement, dispensing or transfer to underage
persons shall strictly conform to the penalties imposed for violations
of identical offenses defined and described in Ch. 125, Wis. Stats.
[Amended 5-18-2015 by Ord. No. 15-17]
A.
No person, except as provided by § 125.06, Wis. Stats.,
shall distribute, vend, sell, offer or keep for sale at retail, deal
or traffic in or, for the purpose of evading any law or ordinance,
give away any intoxicating liquor or fermented malt beverage, 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, ordinances and regulations of the state
and Village applicable thereto.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
In accordance with § 125.06(6), no license or permit is
required for officers or employees of the Village to sell fermented
malt beverages at the RecPlex or Prairie Springs Park for Village-sponsored
events.
B.
A license shall be required for each stand, place, room or enclosure
or for each suite of rooms or enclosures that are in direct connection
or communication to each other where intoxicating liquor or fermented
malt beverages are kept, sold or offered for sale.
[Amended 8-17-2020 by Ord. No. 20-32]
[Amended 5-19-2003 by Ord. No. 03-26; 3-7-2005 by Ord. No. 05-11; 7-20-2009 by Ord. No. 09-41; 5-18-2015 by Ord. No. 15-17; 8-17-2020 by Ord. No. 20-32]
There shall be the following classes and denominations of licenses
which, when issued by the Clerk under the authority of the Village
Board, after payment of the fee as established in the Village Fee
Schedule, shall permit the holder to sell, deal or traffic in intoxicating
liquor or fermented malt beverages as provided in Ch. 125, Wis. Stats.
The fee for licenses obtained under this section during the year shall
be prorated according to the number of months or fraction thereof
for which the license is issued; all other licenses shall not be prorated.
A.
Class "A" fermented malt beverage retailer's license.
B.
Class "B" fermented malt beverage retailer's license.
C.
(Reserved)
D.
Retail "Class A" liquor license.
E.
Retail "Class B" liquor license.
F.
Retail "Class B" liquor license issued to a full-service restaurant
or hotel pursuant to § 125.51(4)(v), Wis. Stats.
G.
Retail reserve "Class B" liquor license.
H.
Initial reserve "Class B" liquor license: $10,000 upon approval of
initial retail reserve "Class B" liquor license application, to be
paid in addition to the annual fee.
I.
Retail "Class C" wine license. See § 125.51(3m), Wis. Stats.
Issued to persons enumerated in § 125.51(3m)(c), Wis. Stats.,
to permit the retail sale of wine by the glass or in an opened original
container for consumption on the premises if all of the following
conditions are met:
(1)
The premises is a restaurant in which the sale of alcohol beverages
accounts for less than 50% of gross receipts.
(2)
The premises does not have a "barroom," defined herein as a room
that is primarily used for the sale or consumption of alcohol beverages.
(3)
The Village's quota under § 125.51(4), Wis. Stats., prohibits
it from issuing a "Class B" or reserve "Class B" license.
J.
Operators' license.
(1)
The Village Clerk, upon police check and recommendation of the Police
Chief, may issue an operators' license to individuals for the purpose
of complying with §§ 125.32(2) and 125.68(2), Wis.
Stats.
(2)
Operators' licenses may be issued only upon an application provided
by the Village Clerk.
(3)
Operators' licenses shall be valid for two years and shall expire
on June 30 of the second year of the licensing term. Costs for a duplicate
license are as established in the Village Fee Schedule.
(4)
Applicants must complete a responsible beverage training course prior
to issuance of a license. Applicants are exempt from the training
course requirement if they are renewing an existing operator's license,
have completed the training course within the last two years, or have
held a retail license, manager's or operator's license anywhere in
the state within the last two years.
(5)
There is no statutory residency requirement.
(6)
Consideration of granting or denial of an operator's license will be based upon the conviction record of the applicant subject to the limitations set forth in § 194-5 of this chapter.
(7)
If the Police Chief recommends denial, the Chief shall provide the
reason(s) for such recommendation. The Village Clerk shall in writing
inform the applicant of the denial, the reason(s) therefor and of
the opportunity to request a reconsideration of the application by
the Village Board. Such notice must be sent by mail to or served upon
the applicant at least 10 days prior to the Village Board's reconsideration
of the matter.
K.
(Reserved)
L.
Temporary operators' license.
(1)
The Village Clerk, upon police check and recommendation of the Police
Chief, may issue a temporary operators' license to a person who has
applied for said license.
(2)
The license may be issued only to persons employed by or donating
their services to a nonprofit organization that is granted a temporary
Class "B" beer or "Class B" wine license.
(3)
A person is limited to two such licenses in a year.
(4)
The license is valid for any period from one day to 14 days, and
the period must be indicated on the license.
M.
Provisional retail licenses.
(1)
A provisional retail license may be issued by the Village Clerk to
a person who has applied for a Class "A", Class "B", "Class A", "Class
B" or "Class C" license and authorizes only the activities that the
type of retail license applied for authorizes, provided that the applicant
meets all the requirements for receiving such a license.
(2)
The fee for a provisional retail license shall be as established
in the Village Fee Schedule, and the license shall expire 60 days
after its issuance or when the Class "A", Class "B", "Class A", "Class
B" or "Class C" license is issued to the holder, whichever is sooner.
The Village Clerk may revoke the provisional retail license if it
is discovered that the holder of the license made a false statement
on the application.
(3)
The Village Clerk may not issue a provisional "Class B" license if
the municipality's quota under § 125.51(4) prohibits the
municipality from issuing a "Class B" license.
(4)
No person may hold more than one provisional retail license for each
type of license applied for by the holder per year.
N.
Temporary (picnic) Class "B" beer and temporary "Class B" wine licenses.
Under §§ 125.26(6) and 125.51(10), Wis. Stats., except
that no additional fee shall be charged if a temporary beer and temporary
wine license are issued simultaneously.
(1)
The Village Clerk, upon police check and recommendation of the Police
Chief, may issue a temporary Class "B" beer or temporary "Class B"
wine license for only the activities set forth in the application,
provided that the applicant meets all the requirements for receiving
such a license.
(2)
A temporary Class "B" beer license may be issued to organizations
enumerated in § 125.26(6), Wis. Stats., to sell or serve
fermented malt beverages at a picnic, meeting or gathering; provided,
however, that the total fees paid during any licensing year by any
one application shall not exceed the fees provided for a Class "B"
fermented malt beverage retailer's license. There is no limit on the
number of temporary Class "B" beer (picnic) licenses that may be issued
to an eligible organization in a calendar year. The maximum number
of days per licensing year shall not exceed 25 days.
(3)
A temporary "Class B" wine license may be issued to organizations
enumerated in § 125.51(10), Wis. Stats., to sell or serve
wine in an original package, container, or bottle or by the glass
if the wine is dispensed from the original package at a picnic, meeting
or gathering; however, not more than two temporary "Class B" wine
licenses may be issued to an organization under this subsection in
any twelve-month period.
(4)
Application for such license shall be signed by the president or
corresponding officer of the society making such application and shall
be filed with the Village Clerk, together with the fee, at least 30
days before the event. The application is subject to and shall include
the following:
(a)
A single event is limited to three consecutive days.
(b)
Alcohol beverages can only be sold or served between the hours
of 11:00 a.m. and 9:00 p.m.
(c)
Licenses will not be granted for youth events.
(d)
A security, public health and safety plan must be submitted
and approved by the Police and Fire & Rescue Departments. If the
event takes place in Prairie Spring Park, the Public Works Director
must also approve the application.
(e)
The applicant must sign a hold harmless agreement and provide
the Village with a certificate of insurance written by a company licensed
by the State of Wisconsin covering any and all liability or obligations
which may result from the applicant's employees, agents, contractors
or subcontractors. The certificate shall name the Village of Pleasant
Prairie as an additional insured and shall be in the minimum amounts:
O.
Outdoor
extension of a Class “B,” “Class B” and/or
“Class C” licensed premises.
[Added 6-26-2023 by Ord. No. 23-27[1]]
(1)
Definition of "outdoor extension" as used in this section. Outdoor
extension shall mean an area outside of a principal building which
is a licensed premise, whether or not enclosed by a roof, which is
exposed to the elements of weather, and is not intended for year-round
use, where beer and other alcoholic beverages are consumed.
(2)
No licensee may operate an outdoor extension, whether or not said
outdoor extension was included in a description of the licensed premises
prior to the effective date of the chapter without first having obtained
the permission of the Village Board and in accordance with the terms
and conditions of this section. Any Class "B" fermented malt beverage,
"Class B" intoxicating beverage and/or "Class C" wine license holder
whose license contained an outdoor extension within the description
of the licensed premises shall, at the next renewal term, obtain permission
hereunder as a prerequisite to the continued utilization of said outdoor
extension. Should such permission be applied for and denied, the utilization
of said outdoor extension as part of the licensed premises shall,
upon denial, cease forthwith.
(3)
Application. A license for an outdoor extension shall be made to
the Village Clerk on forms furnished by the Village Clerk. The application
shall include a written description and scaled map dimensioning and
describing the outdoor extension to be included within the description
of the licensed premise. If a map is omitted or failure to apply for
an outdoor extension and, if the retail license is granted and issued,
said license shall not include an outdoor extension in the premise
description.
(4)
Fee. The annual fee for an outdoor extension shall be $100. The license
term shall run concurrently with a retail alcohol license and expire
on June 30 of each year.
(5)
Restrictions of an outdoor extension for a retail license premises
are:
(a)
There shall be a fence or barrier surrounding the outdoor extension.
The fence or barrier shall not be less than 36 inches high and not
more than six feet high. Any fence installed high shall be nonobscuring
to permit a view of the outdoor extension from the exterior. The Village
Board, upon request, may waive that requirement where the licensed
premises are operated.
(b)
Inspections and approval by the Community Development, Building
Inspection and Fire & Rescue Departments shall be conducted for
each outdoor extension requested.
(c)
No open flames may be displayed unless approved by the Pleasant
Prairie Fire & Rescue Department.
[1]
Editor's Note: This ordinance also renumbered former Subsection
O as Subsection Q.
P.
Beer garden
license.
[Added 6-26-2023 by Ord. No. 23-27]
(1)
Definition of "beer garden" as used in this section. A beer garden shall mean an open air, roofed or unroofed area that is not part of a permanent building, as allowed in specific districts pursuant to Chapter 420, Zoning, of the Village's municipal code, wherein beer and other alcoholic beverages are stored, sold, served, and consumed.
(2)
Definition of "permanent building." For beer garden only, permanent
building means a nonmovable building, securely attached to a foundation,
housing a business.
(3)
No alcoholic beverages shall be stored, sold, served and consumed
on any part of land that is not enclosed within a permanent building,
except under a beer garden license that may be granted by the Village
Board.
(4)
Eligible retail liquor license. A beer garden is eligible for a Class
"B" fermented malt beverage and/or "Class B" intoxicating beverages
license, subject to Village Board approval.
(5)
Application. A license for a beer garden shall be made to the Village
Clerk on forms furnished by the Village Clerk. The applicant shall
include a written description and scaled map dimensioning and describing
the beer garden area to be included in the description of the licensed
premise.
(6)
Fee. The annual fee for beer garden shall be $100. The license term
shall run concurrently with a retail alcohol license and expire on
June 30 of each year.
(7)
Restrictions of a beer garden to be included within the description
of the Class "B" fermented malt beverage and "Class B" intoxicating
beverage retail license premises:
(a)
Beer gardens shall accurately describe the area intended for
use and shall be required to install fencing or like barrier around
the perimeter of the outside premises. Prior to installation of fencing
or barrier, a diagram of the proposed barrier shall be presented to
the Village to ensure that the proposed barrier will adequately protect
neighbors, limit noise, and prevent or limit access by underage individuals
and provide visibility to law enforcement to ensure the premises is
complying with alcohol beverage requirements.
(b)
Beer garden area shall have a maximum capacity of one person
for each 10 square feet. The capacity shall be posted in the beer
garden.
(c)
No open flames may be displayed unless approved by the Pleasant
Prairie Fire & Rescue Department.
(d)
The licensee for a beer garden shall comply with Chapter 250, Peace and Good Order, of the Village's municipal code.
(e)
There shall be a licensed operator on premise at all times the
beer garden is in operation.
(f)
Hours of operation for the beer garden shall be restricted to
9:00 a.m. to 9:00 p.m., except that a beer garden may be open from
5:00 a.m. to 9:00 a.m., provided alcoholic beverages are not sold,
served or consumed prior to 9:00 a.m.
(g)
All electrical wiring shall comply with Chapter 370, Building and Mechanical Code, of the Village's municipal code.
(h)
All combustible rubbish shall be stored in noncombustible covered
containers.
(i)
Inspection and approval of premises by the Community Development,
Building Inspection, and Fire Department prior to occupancy. If food
is served, a health department permit shall be provided to the Village
Clerk prior to occupancy issued by the Kenosha County Health Department.
(k)
Signage shall be permitted and must comply with Chapter 420, Zoning Ordinance, of the Village's municipal code.
(l)
Accessible, pedestrian, friendly walkways/sidewalks shall be
provided on site.
(m)
Adequate and accessible parking shall be provided on site, and
no parking associated with the beer garden shall be permitted on any
public street.
(n)
Accessible public restroom facilities shall meet all state and
local specifications and are readily available.
Q.
Late renewal fee. The Village Clerk shall charge a late fee as established
in the Village Fee Schedule for each liquor license renewal application
that arrives past the deadline date, as set forth in the renewal notice
sent each year.
[Amended 8-17-2020 by Ord. No. 20-32; 6-26-2023 by Ord. No. 23-24]
Application for a license to sell or deal in
intoxicating liquor or fermented malt beverages shall be made in writing
on forms prescribed by the Wisconsin Department of Revenue except
for operators’ license, temporary operators’ license,
provisional license, outdoor extension, and beer garden license, and
filed with the Clerk 15 days prior to the granting of such license.
[Amended 7-21-2008 by Ord. No. 08-40; 5-18-2015 by Ord. No. 15-17]
A.
Natural persons. Licenses related to alcohol beverages issued to
natural persons under this chapter may be issued only to persons who:
(1)
Do not have an arrest or conviction record subject to §§ 111.321,
111.322 and 111.335, Wis. Stats. Licenses will not be granted if the
applicant's record indicates the following:
(a)
More than two criminal or civil ordinance convictions in the
past five years wherein any of the following apply:
[1]
Weapons of any kind were used, displayed or threatened.
[2]
Physical violence was used or threatened.
[3]
The incident resulting in the conviction occurred on a licensed
premises.
[4]
The incident resulting in the conviction involved consumption
of intoxicating beverages.
[5]
Possession of drugs or controlled substances.
(b)
Any conviction for the manufacture, sale or distribution of
drugs or controlled substances or possession with intent to deliver
such substances in the past five years.
[Amended 11-20-2017 by Ord. No. 17-60]
(c)
A conviction of a second offense or greater operating while
intoxicated (OWI) in the past five years.
(2)
Have been residents of this state continuously for at least 90 days
prior to the date of application.
[Amended 8-17-2020 by Ord. No. 20-32]
(3)
Have attained the legal drinking age, except that operators' licenses
may be issued to persons who have attained the age of 18.
[Amended 8-17-2020 by Ord. No. 20-32]
(4)
Have submitted proof of having a seller's permit under § 77.61(11),
Wis. Stats.
(5)
Have successfully completed within the two years prior to the date
of application a responsible beverage-server training course:
[Amended 8-17-2020 by Ord. No. 20-32]
(a)
The person is renewing a license; or
(b)
Within the past two years the applicant held a manager's or operators'
license or was agent of an organization that held a Class "A", "Class
A" or "Class C" license or a Class "B" or "Class B" license; or
(c)
Within the past two years the person successfully completed such
training course.
B.
(Reserved)
C.
Corporations. No license or permit may be issued to any corporation 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 Subsections A and B above, except that Subsection A(2) does not apply to operator's license applicants or the officers and directors of corporations or the members or managers of limited liability companies.
[Amended 3-16-2009 by Ord. No. 09-18; 8-17-2009 by Ord. No. 09-48; 2-6-2012 by Ord. No. 12-095-18-2015 by Ord. No.
15-17; 8-3-2015 by Ord. No. 15-27; 8-17-2020 by Ord. No. 20-32]
In addition to the requirements imposed by provisions
of the Wisconsin Statutes adopted by reference, the following conditions
and restrictions shall apply to the issuance of licenses or permits
pursuant to this chapter:
A.
Review prior to approval. No license or permit shall be issued to
any person or officer or director of a corporation unless the application
therefor shall first have been reviewed and a recommendation received
from the Police Department.
B.
Tax delinquencies and claims.
(1)
Premises. No initial or renewal alcohol beverage license shall be
granted for operation on any premises upon which property taxes, personal
property taxes, assessments, special assessments, utility payments,
or invoices are delinquent or other financial claims of the Village
are unpaid.
(2)
Person. No initial or renewal license shall be granted to any person:
C.
Sanitary, health and safety requirements. No license
shall be issued unless the premises to be licensed conforms to the
sanitary, safety and health requirements of the State Building Code,
the State Plumbing Code, the rules and regulations of the Department
of Agriculture, Trade and Consumer Protection applicable to restaurants
and the Building and Zoning Codes of the Village.[1]
D.
Inspection of application and premises. The Village Clerk shall notify
the Fire & Rescue Department, the Building Inspection Department
and the Community Development Department of all license and permit
applications, which departments shall inspect, or cause to be inspected,
each application and premises to determine whether the applicant and
the premises sought to be licensed comply with the regulations and
ordinances applicable thereto and shall furnish to the Village Clerk,
in writing, the information derived from such inspection.
E.
License quotas. "Class B" intoxicating liquor license
and reserve "Class B" intoxicating liquor license quotas. The number
of persons and places that may be issued "Class B" intoxicating liquor
licenses and reserve "Class B" intoxicating liquor licenses under
this chapter is limited as provided in § 125.51(4), Wis.
Stats.
F.
Closing hours.
(1)
Premises for which a retail license has been issued either are prohibited
from selling alcohol or cannot be open for business during the following
hours in accordance with §§ 125.32(3) and 125.68(4),
Wis. Stats.:
|
License
|
Off-Premises
(Carry-Outs)
|
On-Premises Consumption
|
|---|---|---|
|
Class "A" beer
|
Midnight to *8:00 a.m.
|
Not permitted
|
|
Class "B" beer
|
Midnight to 6:00 a.m.
|
Monday to Friday, 2:00 a.m. to 6:00 a.m.
|
|
Saturday to Sunday, 2:30 a.m. to 6:00 a.m.
| ||
|
"Class A" liquor
|
9:00 p.m. to *8:00 a.m.
|
Not permitted
|
|
"Class B" liquor
|
Midnight to 6:00 a.m.
|
Monday to Friday, 2:00 a.m. to 6:00 a.m.
|
|
Saturday to Sunday, 2:30 a.m. to 6:00 a.m.
| ||
|
"Class C" wine
|
Not permitted
|
Monday to Friday, 2:00 a.m. to 6:00 a.m.
|
|
Saturday to Sunday, 2:30 a.m. to 6:00 a.m.
|
|
NOTES:
|
|---|
|
At 1:00 a.m. on the second Sunday in March, Daylight saving
time begins, and the standard of time which licensed establishments
must operate under is advanced ahead one hour. Daylight saving ends
at 2:00 a.m. on the first Sunday in November. At that time, the clocks
are moved back one hour.
|
|
* In accordance with 2011 Act 97, effective 12-21-2011, the
allowable morning opening hours for retail beer and liquor stores
may be changed to 6:00 a.m., but a municipality may impose more restrictive
hours by ordinance. The morning opening hours for Class A retail beer
and liquor stores in the Village will continue to be 8:00 a.m.
|
(2)
Hotels and restaurants whose principal business is the furnishing
of food and lodging to patrons, bowling centers, movie theaters, painting
studios, indoor golf and baseball facilities, indoor horseshoe-pitching
facilities, curling clubs, golf courses and golf clubhouses may remain
open to conduct their regular business, but no intoxicating liquors
or fermented malt beverages shall be sold during prohibited hours.
(3)
Temporary Class B (picnic) and temporary Class B (picnic) wine events
and beer gardens hours of operations shall be between the hours of
9:00 a.m. and 9:00 p.m.
[Added 6-26-2023 by Ord. No. 23-24]
G.
License or permit framed, posted. Licenses or permits
issued under this chapter shall be posted and displayed, and in particular
any retail license as provided in § 125.04(10), Wis. Stats.,
and any licensee or permittee who fails to post its license or permit
as therein required shall be presumed to be operating without a license.
H.
Consent to inspection. The licensee under this chapter
hereby consents to the entry of police or authorized representatives
of the Village upon the licensed premises at all reasonable hours
for the purpose of search or inspection, and consents to removal of
evidence from the licensed premises and introduction into evidence
for prosecution in violation of this chapter or state law. Any refusal
to permit search or inspection shall automatically cause a revocation
of the issued license(s) and shall be deemed in violation of this
chapter.
I.
Time limit to open and continue operation under license.
(1)
Within 90 days from the issuance of a retail license
hereunder, the licensee shall be open for business with stock and
equipment. Failure to do business within said period, the license
shall be subject to revocation by the Village Board after a public
hearing. The Village Board may, for good cause shown, extend said
ninety-day period.
(a)
The Village Board may grant an extension from
90 to 180 days if all of the following conditions have been met:
[1]
At the time of application, the real property
to be licensed does not have a permanent structure on it; and
[2]
At the time of application, the real property
to be licensed is either owned by the applicant, or is under lease
to the applicant for a period greater than one year from the date
of application, or is subject to an accepted offer to purchase, not
conditioned on a future event. The deed, lease or offer to purchase
must be presented to the Village Board for review; and
[3]
At the time of application, the applicant submits
a floor plan for the structure intended to be constructed on the real
property, said floor plan specifying that portion of the structure
which is to be licensed; and
[4]
The applicant agrees in writing, as part of
the application, to submit to the Village Board within 90 days of
granting of the license or licenses a copy of the building permit
and, if the applicant is not the owner or lessee of the property at
the time of the application, a copy of the deed showing present ownership
of the real property by the applicant; and
[5]
The applicant agrees in writing, as part of
the application to be diligent in all efforts to get the structure
built and stocked within 180 days of the granting of the license.
(b)
The Village Board may extend the period of 180
days by a period of time to be determined by the Board in its sound
discretion where the following conditions have been met:
[1]
The licensee has complied with Subsection I(1)(a)[1] through [5]; and
[2]
The applicant shows a need for the extension
that did not arise out of a lack of diligence to satisfy any requirements
contained in this chapter.
(2)
If a licensee suspends or ceases doing business for
a period of 90 consecutive days or more, the issued license(s) hereunder
is subject to revocation by the Village Board after a public hearing.
J.
Disorderly conduct and gambling 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. It shall be unlawful for a licensee,
his agent or employee, to permit the following conduct on licensed
premises:
(1)
The performance of acts, or simulated acts, or "sexual
intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation
or any sexual acts which are prohibited by law."
(2)
The actual or simulated "touching, caressing or fondling
of the breast, buttocks, anus, or genitals."
(3)
The actual or simulated "displaying of the pubic hair,
anus, vulva or genitals."
(4)
The permitting by a licensee, his agent or employee,
or "any person to remain in or upon the licensed premises who exposes
to public view any portion of his or her genitals or anus."
K.
Sales to underage persons restricted. No alcohol beverage
shall be sold, dispensed, given away or furnished to any underage
person unless accompanied by a parent, guardian or spouse who has
attained the legal drinking age.
L.
Sales by clubs. No club shall sell intoxicating liquors
or fermented malt beverages except to members and guests invited by
members.
M.
Violation by agents or employees. A violation of this
section by a duly authorized agent or employee of a licensee shall
constitute a violation of the licensee.
N.
Transfer of license. No license shall be transferable
from person to person, except as provided by § 125.04(12)(b),
Wis. Stats., or from place to place, as provided in § 125.04
(12)(a), Wis. Stats.
O.
Form and expiration of licenses. All licenses issued
shall contain fee amount, license number, trade name, agent name,
license class, specific premises description and date of issuance
and, unless sooner revoked, shall expire on June 30 thereafter, except
as otherwise provided.
P.
An applicant must specifically describe the premises where alcohol
beverages are stored, sold, consumed or served on its application
and approved by the Village Board. Said premises description must
be contained on the license exactly as approved by the Village Board.
Any amendment(s) of the premises description must be submitted in
written form to the Village Clerk, set for review by the Village Board.
It is within the discretion of the Village Board to approve or disapprove
the change.
Q.
Limitations
on other businesses; "Class A" intoxicating liquor license.
(1)
No "Class A" intoxicating liquor license or permit may be granted
for any premises where any other business is conducted in connection
with the premises and shall apply to the following:
(2)
Exception.
(a)
This restriction does not apply if the premises for which the
license or permit is requested is connected to a retail grocer or
similar facility limited to the general sale of food products or to
any commercial retail establishment over 100,000 square feet in size.
(b)
In accordance with § 125.51(2)(e)2, an establishment
issued a Class "A" fermented malt beverage license shall, upon application,
be granted a "Class A" intoxicating liquor cider only license.
[8-17-2020 by Ord. No. 20-32]
A violation of this chapter by an authorized
agent or employee of a licensee or a permit holder shall constitute
a violation by the licensee or permit holder. If a licensee violates
any portion of this chapter or any applicable provisions of Ch. 125,
Wis. Stats., keeps or maintains a disorderly or riotous, indecent
or improper house, or has sold or given away any intoxicating liquor
to any underage person or to any person intoxicated or bordering upon
intoxication, or to any known habitual drunkard, proceedings for the
revocation or suspension of such license or permit may be instituted.
A.
Procedure. The provisions of § 125.12(2)
and (3), Wis. Stats., shall be applicable to proceedings for the revocation,
suspension and refusal to renew all licenses granted hereunder.
B.
Repossession of license. The Village Clerk shall notify
the licensee of the revocation or suspension of license. The Chief
of Police shall take physical possession of the license and file it
with the Village Clerk’s office.
C.
Effect of revocation of license. If a license is revoked,
no other alcohol beverage license may be granted to that person within
12 months of the date of revocation.
D.
No refund of fees. No license or permit fee shall
be refunded if a license or permit is surrendered, suspended or revoked
for cause.
[8-17-2020 by Ord. No. 20-32]
A.
Any person violating any provision of this chapter,
including false or inaccurate information on the application, or any
condition of the license shall be subject to a penalty of not more
than $1,000, unless a greater maximum penalty is specifically provided
for in this chapter, except that where a lower maximum penalty shall
be provided by Ch. 125, Wis. Stats., for any specific offense, such
maximum penalty shall prevail for the same offense committed in violation
of this chapter.
B.
Nothing in this section shall in any way lessen the
authority of the Village Board to suspend, revoke or not renew any
license issued pursuant to this chapter for any violation of this
chapter or other Village ordinance or state law.
[Amended 6-26-2023 by Ord. No. 23-24]
