[HISTORY: Adopted by the Village Board of
the Village of Osceola 8-10-1993 by Ord. No. 7-93 as Secs. 10.01 and
10.02 of the 1993 Code. Amendments noted where applicable.]
The provisions of Ch. 125, Wis. Stats., defining
and regulating the sale, procurement, dispensing and transfer of beverages,
including provisions relating to the penalty to be imposed or the
punishment for violation of such statutes, are adopted and made a
part of this chapter by reference. A violation of any of such provisions
shall constitute a violation of this chapter.
A.
When required. No person, except as provided in § 125.06,
Wis. Stats., shall, within the village, serve, sell, manufacture,
rectify, brew or engage in any other activity for which this chapter
or Ch. 125, Wis. Stats., requires a license, permit or other authorization
without holding the appropriate license, permit or other authorization
as provided in this chapter. See § 125.04(1), Wis. Stats.
B.
Separate license required for each place of sale.
Except for licensed public warehouses, a license shall be required
for each location or premises which is in direct connection or communication
to each other where intoxicating liquor or fermented malt beverages
are stored, sold or offered for sale. See § 125.04(9), Wis.
Stats.
[Amended 1-12-1999 by Ord. No. 99-01]
The following classes and denominations of licenses
may be issued by the Village Clerk under the authority of the Village
Board after payment of the specified fee, which, when so issued, shall
permit the holder to sell, deal or traffic in alcohol beverages as
provided in §§ 125.17, 125.25, 125.26, 125.28 and 125.51,
Wis. Stats. License fees shall be set from time to time by the Village
Board.[1] Except as otherwise provided in this section, the full
license fee shall be charged for the whole or fraction of any year.
A.
Class A fermented malt beverage retailer's license.
See § 125.25, Wis. Stats.
B.
Class B fermented malt beverage retailer's license.
See § 125.26, Wis. Stats.
(1)
Six months. A license may be issued at any time for
six months in any calendar year, for which 3/4 of the applicable license
fee shall be paid, but such license shall not be renewable during
the calendar year in which issued.
C.
Wholesaler's fermented malt beverage license. See
§ 125.58, Wis. Stats.
D.
Retail Class A liquor license. See § 125.51(2),
Wis. Stats.
E.
Retail Class B liquor license. A retail Class B liquor
license shall permit its holder to sell liquor in original packages
or containers in multiples not to exceed one gallon at any one time
to be consumed off the licensed premises. Wine may be sold in original
packages or otherwise in any quantity to be consumed off the premises.
See § 125.51(3), Wis. Stats.
(1)
A license may be issued after July 1 in any license
year. The license shall expire on the following June 30. The fee for
the license shall be prorated according to the number of months or
fraction thereof remaining until the following June 30.
(2)
Licenses valid for six months may be issued at any
time. The fee for the license shall be 50% of the annual license fee.
The license may not be renewed during the calendar year in which issued.
F.
Operator's license. See § 125.17, Wis. Stats.
(1)
Operators' licenses may be granted to individuals
by the Village Board for the purposes of complying with §§ 125.32(2)
and 125.68(2), Wis Stats.
(2)
Operators' licenses may be issued only on written
application of forms provided by the Clerk.
(3)
Operators' licenses shall be valid for one or two
years and shall expire June 30 of each year or on June 30 of the second
year after issuance.
G.
Provisional license.[3]
(1)
Designated official. The Village Administrator is
designated as the municipal official having the authority to issue
a provisional license.
(2)
Procedures. The following procedures will be used:
(a)
The applicant shall submit an operator's (bartender's)
written license application and pay the fee for a provisional license.
(b)
The applicant will be advised, in writing, that
he or she needs to complete the beverage server's training course
within 60 days, unless the applicant fulfills one of the following
requirements:
(c)
The application will be submitted to the Police
Department before a license is issued. The Chief of Police will, within
48 hours, excluding holidays and weekends, advise the Village Administrator
regarding the issuance of the provisional license.
(d)
The applicant may be issued a provisional (temporary)
license for 60 days.
(e)
Following completion of the beverage server's
training course and notification from the school, the license application,
the Police Chief's recommendation and the fee shall be presented to
the Village Board for the issuance of a regular operator's license.
(f)
A provisional license may not be issued to any
person who has previously been denied an operator's permit, had an
operator's permit revoked or had a provisional (temporary) permit
within the previous twelve-month period.
(g)
After approval by the Village Board, the operator's
license shall expire on June 30 of each year.
[3]
Editor's Note: See § 125.17(5),
Wis. Stats.
H.
Retail Class C wine license. A Class C license authorizes
the retail sale of wine by the glass or in an opened original container
for consumption on the premises where sold. See § 125.51(3m),
Wis. Stats.
[Added 12-10-2002 by Ord. No. 02-19]
I.
Temporary
Class B retailer’s licenses.
[Added 7-14-2009 by Ord. No. 09-07]
(1)
A temporary
Class "B" retailer's license authorizes the sale of beer to consumers
at a picnic or similar gathering of limited duration. Such licenses
may only be issued to bona fide clubs, lodges, societies, and churches
which have been in existence for at least six months, or to veterans’
organizations and fair associations. See § 125.26(6), Wis.
Stats.
(2)
A temporary
"Class B" retailer’s license authorizes the sale of wine to
consumers at a picnic or similar gathering of limited duration. Such
licenses may only be issued to bona fide clubs, lodges, societies,
and churches which have been in existence for at least six months,
or to veterans’ organizations and fair associations. Not more
than two temporary "Class B" wine licenses may be issued to any applicant
in any twelve-month period. See § 125.51(10), Wis. Stats.
A.
Form. 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 State Department of Revenue, or governing
body for operators' licenses, and filed with the Village Clerk. 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 in § 887.01,
Wis. Stats.
C.
List of licensees. By July 15 of each year the Clerk
shall forward to the Department of Revenue a list containing the name,
address and trade name of each person holding a license issued under
this chapter, except a picnic, manager's or operator's license.
A.
Statutory requirements. Licenses shall be issued only
to persons eligible therefor under § 125.04, Wis. Stats.
B.
Location.
(1)
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
the premises covered by the license.
C.
Violators of liquor or beer laws or ordinances. No
retail Class A or B license shall be issued to any person who has
been convicted of a violation of any federal or state liquor or fermented
malt beverage law or the provisions of this chapter during one year
prior to such application. A conviction of a member of a partnership
or the partnership itself shall make the partnership or any member
thereof ineligible for such license for one year.
D.
Health and sanitation requirements. No retail Class
B license shall be issued for any premises which does not conform
to the sanitary, safety and health requirements of the State Department
of Industry, Labor and Job Development pertaining to buildings and
plumbing, to the rules and regulations of the State Department of
Health and Family Services applicable to restaurants and to all such
ordinances and regulations adopted by the Village.
[Amended 1-12-1999 by Ord. No. 99-01]
E.
License quota. The number of persons and places that
may be granted a retail Class B liquor license under this chapter
is limited as provided in § 125.51(4), Wis. Stats.
F.
Corporations. No corporation organized under the laws
of this state or of any other state or foreign country may be issued
any alcohol beverage license or permit unless such corporation meets
the requirements of § 125.04(6), Wis. Stats.
G.
Age requirement. No license hereunder, except an operator's
license, shall be granted to any person who has not attained the legal
drinking age. Operators' licenses may be issued only to applicants
who have attained the age of 18.
H.
Effect of revocation of license. Whenever any license
has been revoked, at least six months from the time of such revocation
shall elapse before another license shall be granted for the same
premises, and 12 months shall elapse before another license shall
be granted to the person whose license was revoked.
I.
Delinquent taxes, assessments and claims.
J.
Issuance for sales in dwellings prohibited. No license
shall be issued to any person for the purpose of possessing, selling
or offering for sale any alcohol beverages in any dwelling house,
flat or residential apartment.
All licenses shall be numbered in the order
in which they are issued and shall state clearly the specific premises
for which granted, the date of issuance, the fee paid and the name
of the licensee and, unless sooner revoked, shall expire on June 30
thereafter, except as otherwise provided. The Village Clerk shall
cause the Village Seal to be affixed thereto.
A.
As to person. No license shall be transferable as
to the licensee except as provided by W.S.A. s. 125.04(12).
B.
As to place. Licenses issued pursuant to this chapter
may be transferred as provided in W.S.A. s. 125.04(12). 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 license or permit required under this
chapter shall be framed and posted and at all times displayed as provided
in W.S.A. s. 125.04(10). No person shall post such license or permit
any other person to post it upon premises other than those mentioned
in the application or knowingly deface or destroy such license.
A.
Gambling and disorderly conduct prohibited. Each licensed
and permitted 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 such premises.
B.
Employment of underage person. No licensee shall employ
any underage person who does not have a valid operator's license to
serve, sell, dispense or give away any alcohol beverage.
C.
Sales by clubs. No club shall sell intoxicating liquors
or fermented malt beverages except to members and guests invited by
members.
D.
Safety and sanitation requirements. Each licensed
premises shall be maintained and conducted in a sanitary manner and
shall be a safe and proper place for the purpose for which used.
A.
No premises for which an alcohol beverage license
has been issued shall remain open for the sale of alcohol beverages:
(1)
If a wholesale license, between 5:00 p.m. and 8:00
a.m., except on Saturday, when the closing hour shall be 9:00 p.m.
(2)
If a retail Class "A" license, between 12:00 midnight
and 8:00 a.m.
(3)
If a retail "Class A" license, between 9:00 p.m. and
8:00 a.m.
(4)
If a retail Class B license, between 2:00 a.m. and
6:00 a.m. on weekdays and between 2:30 a.m. and 6:00 a.m. on Saturdays
and Sundays. On January 1, premises operating under a Class B license
are not required to close. No package, container or bottle sales may
be made after 12:00 midnight.
B.
Hotels and restaurants, the principal business of
which is the furnishing of food and lodging to patrons, bowling alleys,
indoor horseshoe pitching facilities, curling clubs, golf courses
and golf clubhouses may remain open for the conduct of their regular
business, but no intoxicating liquors or fermented malt beverages
shall be sold during prohibited hours.
A.
Procedure. Whenever the holder of any license under
this chapter violates any portion of this chapter, proceedings for
the revocation or suspension of such license may be instituted in
the manner and under the procedure established by § 125.12,
Wis. Stats., and the provisions therein relating to granting a new
license shall likewise be applicable.
Before renewal of any license issued under this
chapter is refused, the licensee shall be given written notice of
any charges or violations 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.
A violation of this chapter by an authorized
agent or employee of a licensee shall constitute a violation by the
licensee.
[Added 4-14-2009 by Ord. No. 09-03[1]]
In the event that any person who has been licensed under Ch.
125, Wis. Stats., and the ordinances of the Village to sell alcoholic
beverages shall abandon his or her or its licensed premises, the act
of abandonment shall constitute grounds for revocation or nonrenewal
of the license in question in accord with this chapter and Ch. 125,
Wis. Stats. This section is adopted pursuant to the authority vested
in the Village Board under § 125.10(1), Wis. Stats. For purposes
of this section, abandonment of licensed premises shall be defined
as being the failure or refusal of the licensee to exercise the privileges
granted under the license in question for the purposes thereof for
a period of 90 days in succession. In addition to general grounds,
the loss of the right to make use of the licensed premises for purposes
of the license, such as may result from the expiration or revocation
of a lease or the sale by the licensee or other owner of the licensed
premises to a third party, shall constitute abandonment upon the passage
of the stated period of time.
Except as otherwise provided, any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-19 of this Code.
