Village of Saukville, WI Article II Restrictions as to Licenses

§ 55-11 License restrictions generally.

A. Statutory requirements. Licenses shall be issued only to persons eligible therefor under § 125.04(5) and 125.04(6), 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, except that this prohibition may be waived by a majority vote of the Village Board. 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.

(2) This subsection shall not apply to premises licensed as such on June 30, 1947, 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, or to a restaurant within 300 feet of a church or school, provided that the sale of alcohol beverages accounts for less than 50% of such restaurant's gross receipts.

C. Health and sanitary 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 Commerce 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.

D. License quota. The number of “Class B” licenses that may be granted or issued is limited as provided in § 125.51(4), Wis. Stats.

[Amended by Ord. No. 482; 2-19-2002 by Ord. No. 581; 12-17-2002 by Ord. No. 591; 1-3-2012 by Ord. No. 725]

E. Corporations. No license may be issued to any corporation unless the corporation meets the qualifications under § 125.04(5)(a) 1 and 4 and (b), Wis. Stats., unless the agent of the corporation appointed under § 125.04(6), Wis. Stats., and the officers and directors of the corporation meet the qualifications of § 125.04(5)(a) 1 and 3 and (b), Wis. Stats., and unless the agent of the corporation meets the qualifications under § 125.04(5)(a)2, Wis. Stats. The requirement that the corporation meet the qualifications under § 125.04(5)(a)1 and (b) does not apply if the corporation has terminated its relationship with all of the individuals whose actions directly contributed to the conviction.

F. Age requirement. No license hereunder may be issued to any person under the legal drinking age, except that operators' licenses may be issued to applicants who have attained the age of 18.

G. Delinquent taxes, assessments and claims. No license shall be granted for any premises for which taxes, assessments or other claims of the Village are delinquent and unpaid or to any person delinquent in payment of such claims to the Village.

H. 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.

I. Operator's license training course.

(1) Except as provided in Subsection I(2), no operator's license may be issued unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a vocational, technical and adult education district and that conforms to curriculum guidelines specified by the Board of Vocational, Technical and Adult Education or a comparable training course approved by the Educational Approval Board or unless the applicant fulfills one of the following requirements:

(a) The person is renewing an operator's license.

(b) Within the past two years, the person held a Class "A," Class "B," "Class A" or "Class B" license or permit or a manager's or operator's license.

(c) Within the past two years, the person has completed such training course.

(2) A provisional operator's license shall be issued by the Village Administrator to a person who has applied for an operator's license and who is enrolled in a training course under Subsection I(1). A provisional license expires 60 days after its issuance or when an operator's license is issued to the holder, whichever is sooner. The Village shall revoke a provisional license if the applicant fails to successfully complete the training course in which he or she enrolls, or if the Administrator discovers that the holder made a false statement on the application. A provisional license may not be issued to any person who has been denied an operator's license by the Village.

[Amended by Ord. No. 479]

§ 55-12 Regulation of licensed premises and licensees.

A. Gambling and disorderly conduct 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.

B. Sales by clubs. No club may sell intoxicating liquors or fermented malt beverages except to members and guests invited by members.

C. 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.

D. Sales to intoxicated persons. No licensee or permittee may sell, vend, deal or traffic in alcohol beverages to or with a person who is intoxicated.

E. Solicitation of drinks prohibited. No person may solicit or be allowed to solicit drinks on a licensed premises.

F. Sales to underage persons. No licensee or permittee may sell, vend, deal or traffic in alcohol beverage to any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.

§ 55-13 Closing hours.

A. Wholesalers. No premises for which a wholesale intoxicating liquor permit has been issued may remain open for the sale of intoxicating liquor between the hours of 5:00 p.m. and 8:00 a.m., except on Saturday the premises may remain open until 9:00 p.m.

B. "Class A" retailers. No premises for which a "Class A" license has been issued may remain open for the sale of intoxicating liquor between the hours of 9:00 p.m. and 6:00 a.m.

[Amended 1-3-2012 by Ord. No. 726]

C. Class “A” premises. Class “A” licensed premises may remain open for the conduct of their regular business but may not sell fermented malt beverages between 12:00 midnight and 6:00 a.m.

[Amended 1-3-2012 by Ord. No. 726]

D. "Class B" retailers and Class "B" premises.

(1) No premises for which a "Class B" or Class "B" license has been issued may remain open between the hours of 2:00 a.m. and 6:00 a.m., except as otherwise provided herein and in Subsection D(2) hereof. On January 1 premises operating under a "Class B" or Class "B" license are not required to close. On Saturday and Sunday, no premises may remain open between 2:30 a.m. and 6:00 a.m.

(2) Hotels and restaurants the principal business of which is the furnishing of food and lodging to patrons, bowling centers, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of regular business but may not sell alcohol beverages during the hours specified in Subsection D(1).

§ 55-14 Required operation of businesses issued licenses for which quotas exist.

[Added by Ord. No. 463]

Any person issued a license to sell alcohol beverages for which a quota exists limiting the number of such licenses that may be issued by the Village shall cause the business described in such license to be operated on the premises identified in such license for at least 180 days during the term of such license, unless the license is issued for a term of less than 180 days, in which event this section shall not apply.