Unless otherwise indicated, fees for licenses issued under this chapter shall be as follows:[1]
A. 
Class "A" fermented malt beverage retailer's license: $25 per year or fractional part thereof.
B. 
Class "B" fermented malt beverage retailer's license: $100 per year or fractional part thereof.
(1) 
Special event: $10 per day.
C. 
Wholesaler's fermented malt beverage license: $25 per year or fractional part thereof.
D. 
Retail "Class A" intoxicating liquor license: $500 per year or fractional part thereof.
E. 
Retail "Class B" intoxicating liquor license: $500 per year or fractional part thereof.
F. 
Retail club Class "B" fermented malt beverage license: $75 per six months or fractional part thereof.
G. 
Pharmacists: $10 per year or fractional part thereof.
H. 
Operators.
(1) 
Regular: $10 per year or fractional part thereof.
(2) 
Temporary operator's license. The Village Board may issue temporary operator's licenses to operators employed by, or donating their services to, nonprofit corporations or organizations. No person may hold more than one such license per year, and the license shall be valid for not less than one nor more than 14 days. The period the license is valid shall be stated on the face of the license. The fee for such license shall be $10 per year.
[1]
Editor's Note: Fees are now set by resolution of the Village Board. The current fee resolution is on file in the office of the Village Clerk.
As used in this chapter, the following terms shall have the meanings indicated:
ALCOHOL BEVERAGES
Fermented malt beverages and intoxicating liquor.
BREWER
Any person who manufactures fermented malt beverages for sale or transportation.
CLUB
An organization, whether incorporated or not, which is the owner, lessee or occupant of a building or portion thereof used exclusively for club purposes, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent or athletic purpose but not for pecuniary gain and which only sells alcohol beverages incidental to its operation.
DEPARTMENT
The State Department of Revenue.
FERMENTED MALT BEVERAGES
Any beverage made by the alcohol fermentation of an infusion in potable water of barley malt and hops, with or without unmalted grains or decorticated and degerminated grains or sugar containing 1/2 of 1% or more of alcohol by volume.
HOTEL
All places where accommodations are offered for pay to transients, in five or more rooms, and all places used in connection therewith. [See s. 254.61(3), Wis. Stats.]
INTOXICATING LIQUOR
All ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing 1/2 of 1% or more of alcohol by volume, which are beverages, but does not include fermented malt beverages which contain less than 5% of alcohol by weight.
LICENSE
An authorization to sell alcohol beverages issued by the Village Board under this chapter. Licenses issued under this chapter are described as follows:
A. 
CLASS "A" FERMENTED MALT BEVERAGE LICENSEAuthorizes retail sales of fermented malt beverages in original packages, containers and bottles for consumption off the premises where sold.
B. 
CLASS "B" FERMENTED MALT BEVERAGE LICENSEAuthorizes retail sales of fermented malt beverages to be consumed whether on the premises where sold or off the premises. Persons holding a Class "B" fermented malt beverage license may sell beverages containing less than 0.5% of alcohol by volume without obtaining a license under s. 66.053(1), Wis. Stats.
C. 
SPECIAL EVENTA fermented malt beverage license issued to bona fide clubs, state, County, or local fair associations or agricultural societies, lodges or societies that have been in existence for not less than six months prior to the date of application or 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 conducted by such fair association or agricultural society.
D. 
WHOLESALER'S FERMENTED MALT BEVERAGE LICENSEAuthorizes sales of fermented malt beverages only in original packages or containers to retailers or wholesalers, not to be consumed in or about the premises where sold.
E. 
RETAIL "CLASS A" INTOXICATING LIQUOR LICENSEAuthorizes the retail sale of intoxicating liquor in original packages, containers and bottles for consumption off the premises where sold.
F. 
RETAIL "CLASS B" INTOXICATING LIQUOR LICENSEAuthorizes retail sales of intoxicating liquor for consumption on the premises where sold by the glass and not in the original package or container, and also authorizes the sale of intoxicating liquor in the original package or container, in multiples not to exceed four liters at any one time, to be consumed off the premises where sold. Wine may be sold for consumption off the premises in the original package or otherwise in any quantity.
G. 
OPERATOR'S LICENSEA license which authorizes a person 18 years of age or older to serve or sell alcohol beverages in any place operated under a Class A or Class B license or permit without the immediate supervision of the licensee or agent or a person holding an operator's license on the premises at the time.
H. 
RESERVE "CLASS B" LICENSEA license that is not granted or issued on December 1, 1997, and is counted under s. 125.51(4)(br), Wis. Stats., which authorizes the retail sale of intoxicating liquor for consumption on the premises where sold by the glass to be consumed on the licensed premises or in the original package or container in multiples not to exceed four liters at any one time and to be consumed off the licensed premises, except that wine may be sold in the original container or otherwise in any quantity to be consumed off the premises.
[Added 9-1-1998]
I. 
RETAIL "CLASS C" WINE LICENSEAuthorizes the retail sale of wine by the glass or in an opened original container for consumption on the premises where sold (s. 125.51(3M), Wis. Stats.). This license is approved by the Village Board and issued by the Clerk or his/her Deputy; fee would be consistent with the maximum allowable by State statute.
[Added 1-17-2005 by Ord. No. 02-2005]
J. 
PROVISIONAL RETAIL LICENSEAuthorizes a person who has applied for a Class "A", Class "B", "Class A", "Class B" or "Class C" license to carry out only the activities that the type of retail licenses applied for authorizes (s. 125.185(2), Wis. Stats.). A provisional license expires 60 days after its issuance or when the regular license is issued to the holder, whichever is sooner. This license is approved by the Village Board and issued by the Clerk or his/her Deputy. No provisional license may be issued which would exceed the permitted quota of any license; fee would be consistent with the maximum allowable by state statute.
[Added 1-17-2005 by Ord. No. 02-2005]
MANUFACTURER
A person, other than a rectifier, who ferments, manufactures, or distills intoxicating liquor.
PEACE OFFICER
A sheriff, undersheriff, deputy sheriff, police officer, constable, marshal, deputy marshal, or any employee of the Department of Revenue or the Department of Justice authorized to act under Ch. 125 or Ch. 134, Wis. Stats.
PERMIT
Any permit issued by the Department of Revenue under Ch. 125, Wis. Stats.
PERSON
A natural person, sole proprietorship, partnership, corporation or association.
PREMISES
The area described in a license or permit.
REGULATION
Any rule or ordinance adopted by the Village Board.
RESTAURANT
Any building, room or place where meals or lunches are prepared, served or sold to transients or the general public, and all places used in connection therewith. [See s. 254.61(5), Wis. Stats.]
RETAILER
Any person who sells, or offers for sale, any alcohol beverages to any person other than a person holding a permit or license under this chapter.
SELL, SOLD, SALE, OR SELLING
Any transfer of alcohol beverages for a consideration or any transfer without consideration if knowingly made for purposes of evading the law relating to the sale of alcohol beverages, or any shift, device, scheme or transaction for obtaining alcohol beverages, including the solicitation of orders for or the sale for future delivery of alcohol beverages.
VILLAGE
The Village of Cottage Grove, Wisconsin.
WHOLESALER
A person, other than a brewer, manufacturer or rectifier, who sells alcohol beverages to a licensed retailer or to another person who holds a permit or license to sell alcohol beverages at wholesale.
WINE
Products obtained from the normal alcohol fermentation of the juice or must of sound, ripe grapes, other fruits or other agricultural products, imitation wine, compounds sold as wine, vermouth, cider, perry, mead and sake, if such products contain 1/2 of 1% or more of alcohol by volume.
[Amended 7-16-2012 by Ord. No. 08-2012]
Except as otherwise specified herein, the provisions of Ch. 125, Wis. Stats. (with the exception of any section which provides for penalties above and beyond authority of the Village Code) are hereby adopted and made a part of the Village of Cottage Grove Municipal Code as if they were fully reprinted herein. A violation of any such provisions shall constitute a violation of this section.
A. 
When required. No person, except as provided by s. 125.06, Wis. Stats., shall distribute, vend, sell, offer or keep for sale at retail or wholesale, deal or traffic in or, for the purpose of evading any law or ordinance, give away any intoxicating liquor or fermented malt beverage, or cause the same to be done, without having procured a license as provided in this chapter and all statutes, ordinances and regulations of the state and Village applicable thereto. [See s. 125.04(1), Wis. Stats.]
B. 
Separate license required for each place of sale. A license shall be required for each stand, place, room or enclosure or for each suite of rooms or enclosures which are in direct connection or communication to each other where alcohol beverages are kept, sold, or offered for sale.
C. 
Operator's license required. No premises operated under a Class A or B fermented malt beverage or intoxicating liquor license may be open for business unless there is upon the premises the licensee, the agent named in the license if the licensee is a corporation, the agent named in a Class B permit or license or some person who has an operator's license and who is responsible for the acts of all persons serving or delivering any alcohol beverage. No person, including members of the licensee's immediate family under the legal drinking age, other than the licensee or agent may serve alcohol beverages in any place operated under a Class A or Class B fermented malt beverage or intoxicating liquor license or permit unless he or she has an operator's license or is under the immediate supervision of the licensee or agent or a person holding an operator's license, who is on the premises at the time of service.
D. 
Exceptions to licensing requirements.
(1) 
This section shall not apply to alcohol intended for use and used in the manufacture and sale of any of the following when unfit for beverage purposes:
(a) 
Denatured alcohol produced and used pursuant to Acts of Congress and regulations promulgated thereunder.
(b) 
Patent, proprietary, medicinal, pharmaceutical, antiseptic and toilet preparations.
(c) 
Flavoring extracts, syrups and food products.
(d) 
Scientific, chemical, mechanical and industrial products.
(2) 
No person shall knowingly sell any of the products enumerated in the preceding paragraph for beverage purposes.
(3) 
Individual may manufacture wine. This section shall not prevent any person from manufacturing wine or beer of any alcohol content in his or her home to be consumed by himself or herself, his or her family and guests without compensation.
A. 
Form. Application for a license to sell or deal in alcohol beverages shall be made in writing on forms prescribed by the State Department of Revenue and filed with the Village Clerk. Application for an operator's license shall be made in writing on forms prescribed by the Village Clerk. The fee prescribed for such license in § 109-1 shall accompany the application. Where applicable, the premises shall be physically described, including every room and storage space to be covered by the license and including all rooms joined by connecting entrances or not separated by a solid wall.
B. 
Application to be notarized. Applications shall be signed and sworn to by the applicant as provided by s. 887.01, Wis. Stats.
C. 
Duplicate. A duplicate copy of each application, except applications for operator's licenses, shall be forwarded by the Village Clerk to the State Department of Revenue.
D. 
Application to contain certain information. The application shall contain a statement as to whether the applicant has ever been convicted of a felony or of a violation of federal or state act or ordinance of the Village regulating the sale or use of alcohol beverages and, if so, the dates of such convictions. The application shall also state whether any other business than the sale of alcohol beverages and soft drinks is to be conducted on the premises sought to be licensed and, if so, a description of the nature of such business, but such information shall not be required in an application for an operator’s license. The application shall specifically describe the "premises" proposed to be licensed, including whether any "outdoor area" requiring an outdooor consumption permit is being made a part of the application. A diagram containing dimensions and specifically outlining any outdoor area shall be attached. Any false statement contained in such application shall automatically nullify any license issued pursuant thereto.
[Amended 5-4-2009 by Ord. No. 02-2009]
A. 
Investigation by Chief of Police. The Chief of Police shall make an investigation of the applicant to determine whether the applicant possesses the qualifications necessary for issuance of a license under this chapter. The Chief of Police shall also make an investigation of the premises, if applicable, to determine its suitability for licensing.
B. 
Investigation by Fire Chief and Building Inspector. The Fire Chief and Building Inspector shall inspect the premises proposed to be licensed under a Class A or B license to determine whether such premises conform to the ordinances of the Village and the laws of the state and any administrative regulations which are applicable which have been issued by the state or any agency of the state.
C. 
Report of investigations. Each of the above officers shall file written reports with the Village Board indicating any respects in which any such officer finds the applicant or the premises proposed to be licensed unsuitable for the issuance of a license. No license shall be issued hereunder if the applicant owes personal property taxes due the Village from the present or previous operation of business on the premises proposed to be licensed. If any such report is unfavorable, a copy thereof shall be mailed to the applicant together with a notice of the meeting at which the license application will be considered, with an indication in such notice that the applicant may appear before the Village Board at such time to be heard with respect to the application.
D. 
Investigation by License Review Committee. Each application shall be referred to the Village Board which shall make such additional investigation as to the advisability of granting such license as may be necessary or desirable.
E. 
Terms and conditions. The following standards are conditions precedent to issuance of any alcohol beverages license and are terms and conditions of every alcohol beverages license issued under this chapter.
[Amended 4-17-2006 by Ord. No. 02-2006]
(1) 
Compliance with the law. The premises shall comply with all Village, state and federal ordinances, regulations, codes, rules, statutes and laws, including those which become effective after issuance of an alcohol beverages license.
(2) 
Unpaid assessment. The premises shall not have any delinquent or unpaid personal property taxes, assessments, utility bills, or other financial claims of the Village.
F. 
Renewals. This section applies to renewals as well as original applications.
G. 
License meeting. The Village Board shall meet on the first Monday of each month at 7:00 p.m. for the purpose of acting upon such applications for licenses for which a report was received under § 109-6C indicating findings that the applicant or premises are unsuitable for the issuance of a license. Such meeting is designated a regular meeting of the Village Board in addition to the other meetings designated by § 94-3 of this Municipal Code.
[Amended 5-4-2020 by Ord. No. 04-2020]
H. 
Liquor license applications to be published. No license to sell intoxicating liquor shall be granted until after the expiration of 15 days from the filing of the application therefor and before any such license may be granted there shall be published as a Class 1 notice of such application, containing the name and address of the applicant, the kind of license applied for, and the location of the premises to be licensed. The applicant for a license shall deposit the fees required for such publication with the Village Clerk at the time of filing the application, and the Village Clerk shall thereupon cause such publication to be made.
I. 
Issuance of operator licenses on reports of suitability. An application for approval of an operator license application for which a report was received under § 109-6C indicating findings that the applicant and premises are suitable for the issuance of a license shall be acted upon at the next regularly scheduled meeting of the Village Board upon request by a Village Board member made within 10 days of the date upon which the report is delivered to the Village Board, if such a request is made at least five days prior to the next regularly scheduled Village Board meeting. If such a request is made within 10 days of the date upon which the report is delivered to the Village Board but less than five days prior to the next regularly scheduled Village Board meeting, the application shall be acted upon at the regularly scheduled meeting of the Village Board following the next regularly scheduled meeting. If no member of the Village Board makes a request to schedule an application for Village Board action, or if the Village Board fails to take action regarding the operator license application during the applicable Village Board meeting, the designated municipal official may issue an operator license to the license applicant. The designated municipal official may issue a provisional operator license to an applicant after the applicant has submitted an operator license application, paid the application fee, and provides evidence of completing a responsible beverage server training course. For purposes of this subsection, the designated municipal official shall be the Village Clerk.
[Added 5-4-2020 by Ord. No. 04-2020]
[Amended 3-19-2001 by Ord. No. 01-2001]
All licenses shall be numbered in the order in which they are granted, the date of issuance, the fee paid and the name of the licensee and, unless sooner revoked, shall expire on June 30 thereafter except as otherwise provided.
A. 
As to person. No license shall be transferable as to licensee, except as provided in s. 125.04(12), Wis. Stats.
B. 
As to place. Licenses issued pursuant to this chapter may be transferred as provided in s. 125.04(12), Wis. Stats. Application for such transfer shall be made on blanks furnished by the State Department of Revenue. Proceedings for transfer shall be had in the same manner and form as the original application.
Every Class A and B license issued under this chapter shall be posted and at all times displayed as provided in s. 125.04(10), Wis. Stats. No person shall post such license or permit any other person to post it upon premises other than those mentioned in the application, or deface or destroy such license.
A. 
Procedure. Whenever the holder of any license under this chapter violates any portion of this chapter, proceedings for the revocation of such license may be instituted in the manner and under the procedure established by s. 125.12, Wis. Stats., and the provisions therein relating to granting a new license shall likewise be applicable.
B. 
Automatic revocation.
(1) 
Any license issued under the provisions of this chapter shall stand revoked without further proceedings upon the conviction of a licensee or employee, agent or representative thereof for a second offense within one calendar year under this chapter or for a violation of Ch. 125 or 139, Wis. Stats., or any other state or federal liquor or fermented malt beverage laws or of any felony.
(2) 
Any Class "A," Class "B," Class "C" or combination thereof granted under this chapter may be revoked by the Village Board following a public hearing for the following reasons:
[Amended 8-30-2010 by Ord. No. 12-2009]
(a) 
The subject premises is not open for business within 150 days of the granting of such license; or
(b) 
The subject premises is not open for business for a period of 90 consecutive days or more.
C. 
Effect of revocation. See § 109-14H of this chapter.
Before renewal of any license issued under this chapter is refused, the licensee shall be given written notice of any charges or violations against him or her or the reasons proposed for nonrenewal and a copy of any proposed motion for nonrenewal and shall have an opportunity to be heard before the Village Board on such motion.
If a Class A or B license issued hereunder is not used within 15 days after its issuance, or if after its issuance its usage is discontinued for a period of 15 days or more, the license may be canceled by the Village Board. If any license issued under this chapter is revoked for cause or is voluntarily surrendered, no refund shall be made of any part of the license fee.
[Added 9-1-1998]
A. 
Subject to the limitations contained herein, the fee for a reserve "Class B" license shall be $10,525.
B. 
Renewal. The annual fee for renewal of a reserve "Class B" license shall be $525.
C. 
Recognition of economic development. 1997 Wisconsin Act 27 provides that Reserve "Class B" licensees be required to pay an initial minimum license fee of $10,000. After review of the statutory language and various ordinances enacted throughout the state, the Village of Cottage Grove finds that:
(1) 
It is in the interests of the public welfare to increase the property tax base, provide employment opportunities, attract tourists and generally enhance the economic and cultural climate of the community by providing additional economic incentives for new businesses with liquor licenses.
(2) 
The present fee greatly exceeds the actual cost the municipality incurs to regulate the reserve "Class B" license.
(3) 
In the absence of action which alleviates the problem outlined in Subsection C(2), said fee could deter new businesses from opening and new businesses from reopening in the Village of Cottage Grove.
D. 
Alcohol beverage development grant.
(1) 
The Village of Cottage Grove hereby creates a business development grant (hereafter "development grant") to be funded by the fees paid by reserve "Class B" licensees.
(2) 
Thirty days following the granting of any new reserve "Class B" license, the applicant may file an application for a development grant of $10,000 with the Village Clerk. Following the receipt of the application for said development grant, the Clerk shall determine whether the licensee is operating in compliance with the approved reserve "Class B" license. The Clerk may require the assistance of any other Village agency in making said determination.
(3) 
If the Clerk determines the applicant/licensee is operating in compliance with the previously approved reserve "Class B" license, the Clerk shall authorize the approval of the $10,000 development grant. If the Clerk determines that the applicant/licensee is not in compliance with the approved license, no development grant may be authorized and the Clerk shall make such finding in writing and deliver a copy of the findings to the applicant/licensee. If the applicant/licensee disagrees with the Clerk's determination, the applicant/licensee may file a written notice of appeal with the Clerk within 10 calendar days of the delivery of the written notice of the Clerk's findings. Upon receiving such notice from the applicant/licensee, the Clerk shall relay said notice to the Village of Cottage Grove Board, which shall hold a hearing thereon. The Village of Cottage Grove Board may affirm or reverse the Clerk's determination. If the Clerk's determination is upheld, appeal thereof may be taken to circuit court pursuant to s. 753.04, Wis. Stats. If the Clerk's determination is reversed, the Clerk shall authorize the payment of the development grant.
(4) 
In accepting the one-time development grant, the applicant/licensee agrees to waive any claim he/she/it may have against the Village of Cottage Grove for refund of any part of the reserve "Class B" license fee paid to the Village by the applicant/licensee. This waiver shall be effective whether such license fee be repealed, rescinded or modified by action of the state legislature or by the courts. By accepting this one-time development grant of $10,000, the applicant/licensee also agrees that, in the event any court of competent jurisdiction shall determine the Village's development grant program does not serve a public purpose or is otherwise contrary to law, the applicant/licensee will, upon demand by the Village, repay the one-time development grant to the Village.
[1]
Editor's Note: Fees are now set by resolution of the Village Board. The current fee resolution is on file in the office of the Village Clerk.