Sec. 7-2-2 Definitions.

As used in this Chapter the terms "Alcoholic Beverages," "Intoxicating Liquors," "Principal Business,'1 "Legal Drinking Age", "Premises," "Sell," "Sold," "Sale," "Restaurant," "Cider," "Chamber of Commerce," "Club," "Retailer," "Person," "Fermented Malt Beverages," "Wholesalers," "Retailers," "Operators," and "Non-Intoxicating Beverages" shall have the meaning given them by Ch. 125, Wis. Stats.

Sec. 7-2-3 License Required.

No person, firm or corporation shall vend, sell, deal or traffic in or have in his/her/its 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, fermented malt beverage, wine or intoxicating cider in any quantity whatever, 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 and regulations applicable thereto, except as provided by Secs. 125.16, 125.27, 125.28 and 125.51, Wis. Stats.

Sec. 7-2-4 Classes of Licenses.

   (a)   Retail "Class A" Intoxicating Liquor License.

      (1)   Generally. A retail "Class A" intoxicating liquor license, when issued by the Village Administrator 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.

      (2)   Customer Samples. A "Class A" license authorizes the licensee to provide, free of charge, to customers and visitors who have attained the legal drinking age, taste samples of intoxicating liquor other than wine that are not in original packages or containers and that do not exceed 0.5 fluid ounces each, for consumption on the "Class A" premises. No "Class A" licensee may provide more than one such taste sample per day to any one person. Taste samples may be provided only between the hours of 11:00 a.m. and 7:00 p.m. Any representative of a manufacturer, rectifier, winery, or out-of-state shipper issued a permit under Secs. 125.52, 125.53, or 125.58, Wis. Stats., may assist the "Class A" licensee in dispensing or serving the taste samples. No "Class A" licensee may provide as taste samples under this Subsection intoxicating liquor other than wine that the "Class A" licensee did not purchase from a wholesaler.

   (b)   Retail "Class A" Intoxicating Liquor License - Cider Only. A "Class A" intoxicating liquor license issued under this Section shall entitle the holder to sell, deal and traffic in cider only, and only in original packages or containers and to be consumed off the premises so licensed. A retail "Class A" Intoxicating Liquor License for Cider only shall be granted to an applicant who holds a Class "A" Fermented Malt Beverage Retailer's license issued under Sec. 125.25, Wis. Stats., or under Subsection (e) of this Section, for the same premises for which the "Class A" license application is made.

   (c)   Retail "Class B" Intoxicating Liquor License. A retail "Class B" intoxicating liquor license, when issued by the Village Administrator under authority of the Village Board, shall permit its holder to sell, deal and traffic in intoxicating liquors to be consumed by the glass only on the premises so licensed and in the original package or container in multiples not to exceed four (4) liters at any one (1) time, to be consumed off the premises, except that wine may be sold in the original package or otherwise in any other quantity to be consumed off the premises. Per Sec. 125.51(3), Wis. Stats., a "Class B" intoxicating liquor license can only be issued to a holder of a Class "B" fermented malt beverage license.

   (d)   Reserve "Class B" Licenses. A Reserve "Class B" license means a license that is not granted or issued by the Village of Edgar on December 1, 1997, and that is counted under Sec. 125.51(4)(br), Wis. Stats., which, if granted or issued, authorizes the sale of intoxicating liquor to be consumed by the glass only on the premises where sold, and also authorizes the sale of intoxicating liquor in the original package or container in multiples not to exceed four (4) liters at any one time, to be consumed off premises, except that wine may be sold in the original package or otherwise in any other quantity to be consumed off the premises.

   (e)   Class "A" Fermented Malt Beverage Retailer's License.

      (1)   Generally. A Class "A" retailer's fermented malt beverage license, when issued by the Village Administrator 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. Such license may be issued after July 1st. The license shall expire on the following June 30th.

      (2)   Customer Samples. A Class "A" license also authorizes the licensee to provide, free of charge to customers and visitors who have attained the legal drinking age, fermented malt beverages taste samples that are not in original packages, containers, or bottles and that do not exceed three (3) fluid ounces each, for consumption on the Class "A" premises. No Class "A" licensee may provide more than two (2) taste samples per day to any one person. Taste samples may be provided under this Subsection only between the hours of 11:00 a.m. and 7:00 p.m. Any other regulatory provision applicable to retail sales of fermented malt beverages by a Class "A" licensee also applies to the provision of taste samples, free of charge, of fermented malt beverages by a Class "A" licensee.

   (f)   Class "B" Fermented Malt Beverage Retailer's License.

      (1)   License. A Class "B" fermented malt beverage retailer's license, when issued by the Village Administrator 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 one-half (1/2) of a percentum of alcohol by volume, without obtaining a special license to sell such beverages. Such license may be issued after July 1st. The license shall expire on the following June 30th.

      (2)   Application. Class "B" licenses may be issued to any person qualified under Sec. 125.04(5), Wis. Stats. Such licenses may not be issued to any person acting as agent for or in the employ of another except that this restriction does not apply to a hotel or restaurant which is not a part of or located on the premises of any mercantile establishment, or to a bona fide club, society or lodge that has been in existence for at least six (6) months before the date of application. A Class "B" license for a hotel, restaurant, club, society or lodge may be issued in the name of an officer who shall be personally responsible for compliance with this Chapter. Except as provided in Sec. 125.31, Wis. Stats., Class "B" licenses may not be issued to brewers or fermented malt beverages wholesalers.

   (g)   Temporary Class "B" Fermented Malt Beverage License.

      (1)   License.

         a.   As provided in Sec. 125.26(1) and (6), Wis. Stats., Temporary Class "B" fermented malt beverage licenses may be issued to bona fide clubs and chambers of commerce, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least six (6) months before the date of application and to posts of veterans' organizations authorizing the sale of fermented malt beverages at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society.

         b.   A license issued to a county or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of fermented malt beverages from leased stands on the fairgrounds. The county or district fair to which the license is issued may lease stands on the fairgrounds to persons who may engage in retail sales of fermented malt beverages from the stands while the fair is being held.

         c.   Such license is valid for dates as approved by the Village Administrator.

      (2)   Application.

         a.   Application for such temporary license shall be signed by the president or corresponding officer of the society or association making such application and shall be filed with the Village Administrator together with the appropriate license fee for each day for which the license is sought. Any denial of a license may be appealed to the Village Administrator under Section 7-2-10. Any application not filed at least five (5) days before the date of the licensed event may not provide enough time for the Village Administrator to take action of the application, and any application not filed at least forty-five (45) days before the date of the licensed event may not provide enough time for the applicant to appeal any denial of license by the Village Administrator.

         b.   Any person fronting for any group other than the one applied for shall, upon conviction thereof, be subject to a forfeiture of Two Hundred Dollars ($200.00) and will be ineligible to apply for a temporary Class "B" license for one (1) year.

         c.   The temporary license shall specify the hours and dates of license validity. The application shall be filed a minimum of fifteen (15) days prior to the meeting of the Village Board at which the application will be considered for events of more than four (4) consecutive days.

         d.   If the application is for a temporary license to be used in a Village park, the applicant shall specify the main point of sale facility.

         e.   The Village Board, or other official authorized to issue Temporary Class "B" fermented malt beverage licenses, may issue a qualified organization Temporary Class "B" beer licenses for a multiple-location, single-day event on a specific date and time for the purpose of conducting a "beer walk". For such an event to occur:

            1.   The Temporary Class "B" fermented malt beverage licenses must be issued by the Village to the same qualified organization which is the licensee and sponsor of the multiple-location, single-day event.

            2.   The Temporary Class "B" fermented malt beverage licenses must be issued for the same date and time.

            3.   An admission fee shall be charged for participation in the event. No additional charge can be charged for service of alchohol at the event.

            4.   There is no limit to the number of Temporary Class "B" fermented malt beverage licenses the Village may issue to a qualified organization.

         f.   Temporary Class "B" licensees must purchase all beer from beer wholesalers or breweries/brewpubs authorized to self-distribute to retail licensees.

   (h)   Temporary "Class B" Wine License.

      (1)   License.

         a.   Notwithstanding Sec. 125.68(3), Wis. Stats., Temporary "Class B" wine licenses may be issued to bona fide clubs and chambers of commerce, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least six (6) months before the date of application and to posts of veterans' organizations authorizing the sale of wine 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, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. An eligible organization may obtain a Temporary "Class B" wine license without also obtaining a temporary Class "B" fermented malt beverage license.

         b.   No fee may be charged to a person who, at the same time, applies for a Temporary Class "B" beer license under Sec. 125.26(6), Wis. Stats., for the same event. A license issued to a county or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of wine from leased stands on the fairgrounds.

         c.   The county or district fair to which the license is issued may lease stands on the fairgrounds to persons who may engage in retail sales of wine from the stands while the fair is being held.

         d.   Not more than two (2) such licenses may be issued under this Subsection to any club, chamber of commerce, county or local fair association, agricultural association, church, lodge, society or veterans' post in any twelve (12) month period.

         e.   An applicant may receive up to twenty (20) temporary licenses for the purpose of conducting a "wine walk" if all of the following apply:

            1.   Each license is issued for the same date and times and the licensee is the sponsor of an event held at multiple locations within the municipality on this date and at these times.

            2.   An admission fee is charged for participation in the event and no additional fee is charged for service of alcohol at the event.

            3.   Within the immediately preceding twelve (12) month period, the Village has issued licenses under authority of this Subsection for fewer than two (2) events.

            4.   The duration of an event may not exceed one (I) day.

            5.   Multiple licenses issued under this Subsection count as one ([) license for purposes of Subsection (h)(l)d.

      (2)   Application.

         a.   Application for such temporary wine license shall be signed by the president or corresponding officer of the society or association making such application and shall be filed with the Village Administrator together with the appropriate license fee for each day for which the license is sought. Any application not filed at least five (5) business days before the desired date of the license may not provide enough time for the Village Administrator to take action on the application. Any denial of a license may be appealed to the Village Board under Section 7-2-10.

         b.   Any person fronting for any group other than the one applied for shall, upon conviction thereof, be subject to a forfeiture of Two Hundred Dollars ($200.00) and shall be ineligible to apply for a temporary "Class B" wine license for one (1) year.

         c.   The license shall specify the hours and dates of license validity.

         d.   If the application is for a license to be used in a Village park, the applicant shall specify the main point of sale facility.

         e.   The Village Board, or other official authorized by the Village Board to issue temporary "Class B" wine licenses, may authorize an underage person to enter and remain on the premises so licensed if all of the following apply:

            1.   The Village Board issuing the license, or other official authorized by the Village Board, authorizes the licensee to permit underage persons to be on the licensed premises for the purpose of acting as designated drivers.

            2.   The licensee permits on the licensed premises unaccompanied underage persons to be present only for the purpose of acting as designated drivers and the licensee provides a means of identification, such as a wrist band, to identify such underage persons as designated drivers.

            3.   The underage person is present on the licensed premises to act as a designated driver and displays the means of identification specified herein.

         f.   Temporary "Class B" licensees must purchase all wine from wine wholesalers or other entities authorized to self-distribute wine to retail licensees.

   (i)   Wholesaler's License. A wholesaler's fermented malt beverage license, when issued by the Village Administrator 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. Retail "Class C" Wine License.

      (1)   In this Subsection, "barroom" means a room that is primarily used for the sale or consumption of alcohol beverages.

      (2)   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.

      (3)   A "Class C" license may be issued to a person qualified under Sec. 125.04(5), Wis. Stats., for a restaurant in which the sale of alcohol beverages accounts for less than fifty percent (50%) of gross receipts and which does not have a barroom if the Village's quota prohibits the Village from issuing a "Class B" license to that person. A "Class C" license may not be issued to a foreign corporation or a person acting as agent for or in the employ of another.

      (4)   A "Class C" license shall particularly describe the premises for which it is issued.

Cross-Reference: Section 7-2-17.

Sec. 7-2-5 License Fees.

   (a)   Fees. There shall be the following classes of licenses in the Village of Edgar which, when issued by the Village Administrator under the authority of the Village Board after payment of the license fee and publication costs hereinafter specified, shall permit the holder to sell, deal or traffic in intoxicating liquors or fermented malt beverages as provided in Section 7-2-4 of this Code of Ordinances and Chapter 125, Wis. Stats.:

      (1)   Class "A" Fermented Malt Beverages Retailer's License. The annual fee for this license shall be as prescribed in Section 1-3-1. The fee for a license for less than twelve (12) months shall be prorated according to the number of months or fraction thereof for which the license is issued.

      (2)   "Class A" Intoxicating Liquor License - Cider. There is no fee for a "Class A" Cider License.

      (3)   Class "B" Fermented Malt Beverage License. The annual fee for this license shall be as prescribed in Section 1-3-1. This license may be issued at any time for six (6) months in any calendar year, for which fifty percent (50%) of the applicable license fee shall be paid, but such license shall not be renewable during the calendar year in which issued. The fee for a license for less than twelve (12) months shall be prorated according to the number of months or fraction thereof for which the license is issued.

      (4)   Temporary Class "B" Fermented Malt Beverage License. The fee for this license shall be as prescribed in Section 1-3-1 per event.

      (5)   Temporary "Class B" Wine License. The fee for this license shall be as prescribed in Section 1-3-1 per event. However, there shall be no fee if the Temporary Wine License is obtained along with a Temporary Fermented Malt Beverage License.

      (6)   Fermented Malt Beverage Wholesalers' License. The annual fee for this license shall be as prescribed in Section 1-3-1.

      (7)   "Class A" Intoxicating Liquor Retailer's License. The annual fee for this license shall be as prescribed in Section 1-3-1.

      (8)   "Class B" Intoxicating Liquor Retailer's License. The annual fee for this license shall be as prescribed in Section 1-3-1. This license may be issued at any time for six (6) months in any calendar year, for which fifty percent (50%) of the applicable license fee shall be paid, but such license shall not be renewable during the calendar year in which issued.

      (9)   "Class C" Wine License. The annual fee for this license shall be as prescribed in Section 1-3-1. The fee for less than one (I) year shall be prorated.

   (b)   Cancellation for Failure to Pay Fee. The Village shall issue each license approved by the Village Administrator and shall make the same available at the Village Administrator's office. Any licenses for which the license fee is not paid within fifteen (15) days of approval of the application by the Village Board shall be returned to the Village Administrator for cancellation or other disposition.

Sec. 7-2-6 Application for License.

   (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 Secs. 887.01 to 887.04, Wis. Stats., and shall be filed with the Village Administrator not less than fifteen (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. Included shall be the applicant's Wisconsin Sellers Permit number and Federal Employer Indentification number.

   (b)   Corporations. Such application shall be filed and sworn to by the applicant if an individual, by the president and secretary, of a corporation.

   (c)   Publication. The Village Administrator shall publish each application for a Class "A", Class "B", "Class A", "Class B", or "Class C" license. There is no publication requirement for temporary Class "B" picnic beer licenses under Sec. 125.26, Wis. Stats., or temporary "Class B" picnic wine licenses under Sec. 125.51(10), Wis. Stats. The application shall be published once in the official Village newspaper, and the costs of publication shall be paid by the applicant at the time the application is filed, as determined under Sec. 985.08, Wis. Stats.

   (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 ten (10) days after the occurrence thereof.

   (e)   Quota. License quotas shall be as established in Ch. 125, Wis. Stats.

Sec. 7-2-7 Qualifications of Applicants and Premises.

   (a)   Residence Requirements. A retail Class "A" or Class "B" fermented malt beverage, "Class A" or Class B" intoxicating liquor license, or Class "C" wine license shall be granted only to American citizen or persons with permanent residency status (green card) who have been residents of the State of Wisconsin continuously for at least ninety (90) days prior to the date of application.

   (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.

      (1)   No applicant will be considered unless he/she has the right to possession of the premises described in the application for the license period, by lease or by deed.

      (2)   Any person applying for a Class "B" Intoxicating Liquor license shall have a premises at the time application is made or within the license year. In the event a building permit for construction or remodeling has been issued and substantial progress is being made on such construction or remodeling, the licensee shall be considered to meet the requirement of having a premises. In the event such licensee does not so obtain a premises, such license shall be subject to revocation or non-renewal.

   (d)   Age of Applicant. Licenses related to alcohol beverages shall only be granted to persons who have attained the legal drinking age.

   (e)   Corporate Restrictions.

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

      (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 Administrator a statement of transfers of stock within forty-eight (48) hours after such transfer of stock.

      (3)   Any license issued to a corporation may be revoked in the manner and under the procedure established in Sec. 125.12, Wis. Stats., when more than fifty percent (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 Chapter or under the state law.

   (f)   Sales Tax Qualification. All applicants for retail licenses shall provide proof, as required by Sec. 77.61(11), Wis. Stats., that they are in good standing for sales tax purposes (i.e., hold a seller's permit) before they may be issued a license.

   (g)   Connecting Premises. Except in the case of hotels, no person may hold both a "Class A" license and either a "Class B" license or permit, a Class "B" license or permit, or a "Class C" license for the same premises or for connecting premises. Except for hotels, if either type of license or permit is issued for the same or connecting premises already covered by the other type of license or permit, the license or permit last issued is void. If both licenses or permits are issued simultaneously, both are void.

   (h)   Limitations on Other Business; Class "B" Premises. No Class "B" license or permit may be granted for any premises where any other business is conducted in connection with the premises, except that this restriction does not apply if the premises for which the Class "B" license or permit is issued is connected to premises where other business is conducted by a secondary doorway that serves as a safety exit and is not the primary entrance to the Class "B" premises. No other business may be conducted on premises operating under a Class "B" license or permit. These restrictions do not apply to any of the following:

      (1)   A hotel.

      (2)   A restaurant, whether or not it is a part of or located in any mercantile establishment.

      (3)   A combination grocery store and tavern.

      (4)   A combination sporting goods store and tavern in towns, villages and 4th class cities.

      (5)   A combination novelty store and tavern.

      (6)   A bowling alley or recreation premises.

      (7)   A club, society or lodge that has been in existence for six (6) months or more prior to the date of filing application for the Class "B" license or permit.

   (i)   Catering Service Requirements. In any case where the licensee operates or conducts a business in which the licensee provides food for consumption off the licensed premises, commonly known as a catering service, the following rules shall apply to a caterer who provides alcoholic beverages as part of the catering services:

      (1)   The licensee shall deliver alcoholic beverages to an event only when the Licensee supplies all the food for said event through the catering service for all guests and participants in the event.

      (2)   No licensee shall sell, deal or traffic in alcoholic beverages, unless said alcohol is sold on a premises licensed to serve alcoholic beverages.

      (3)   The licensee, its employees or agents, shall not act as a bartender or pour alcoholic beverages at the catering event.

   (j)   Video Surveillance Equipment. Video surveillance equipment in licensed establishments shall be subject to the following restrictions:

      (1)   The Village Board may impose video surveillance as a condition on a license if the nature of the license proposal or the character of the immediate area in which the establishment will be located clearly demonstrates that video surveillance is cdnsisent with maintaining the health, safety and welfare of the community. Factors which would support imposing this condition would include but are not limited to: physical layout of the establishment, capacity, venue, history of the application operating previous licensed establishments, history of the applicant in operating previous licensed establishments, history of the establishment itself and character of the surrounding area of the establishment.

      (2)   If a licensed establishment has video surveillance imposed as a license condition, the Village Board record shall clearly state the basis for imposing the condition.

      (3)   Any video surveillance license condition required by the Village Board or law enforcement authorities shall be limited to two (2) years after which time such condition may be reviewed at the request of the licensee.

Sec. 7-2-8 Investigation.

The Village Administrator shall notify the Fire Inspector, Building Inspector, and, as appropriate, pertinent law enforcement agencies of each new application, and these officials shall inspect or cause to be inspected each application and the premises, together with such other investigation as shall be necessary to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto, including those governing sanitation in restaurants, and whether the applicant is a proper recipient of a license. These officials shall furnish to the Village Administrator in writing, who shall forward to the Village Board, the information derived from such investigation, accompanied by a recommendation as to whether a license should be granted or refused. No license shall be renewed without a re- inspection of the premises and report as originally required.