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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HABITUAL LAW OFFENDER. Any person who has been convicted of, or has a current charge pending, for two or more offenses within the last five years, arising out of separate incidents and considering the provisions of Wis. Stats. §§ 111.321, 111.322, and 111.335, in the following subcategories:
(1) Violent crimes against the person of another, including but not limited to battery, disorderly conduct, sexual assault, injury by negligent use of a vehicle, or intimidation of a victim or witness;
(2) Crimes involving cooperation (or lack thereof) with law enforcement officials, including but not limited to, resisting or obstructing a police officer, bribery of public officers/employees, eluding police, bail jumping, hit and run, perjury, or acts/threats of terrorism;
(3) Disorderly conduct, criminal damage to property, solicitation of prostitution or other prostitution-related offenses, wherein the offense involves an incident at a place that is, or should have been, licensed under Wis. Stats. Ch. 125;
(4) Alcohol beverage offenses (under Wis. Stats. Ch. 125 or village ordinances);
(5) Possessing a controlled substance, controlled substance analog without a valid prescription, or possessing drug paraphernalia;
(6) Operating a motor vehicle while under the influence of intoxicants or drugs;
(7) Operating a motor vehicle with a prohibited alcohol concentration (PAC);
(8) Open intoxicants in a public place or in a motor vehicle;
(9) Manufacturing, distributing, delivering a controlled substance or a controlled substance analog; maintaining a drug trafficking place; possessing with intent to manufacture, distribute, or deliver a controlled substance or a controlled substance analog; or
(10) Any offense, which in the discretion of the Chief of Police which substantially relates to alcohol beverage licensing activity.
OFFENSES. Refer to civil violations such as ordinance convictions and/or misdemeanor convictions or pending charges in either category.
(Prior Code, § 12.02) (Ord. 09-2017, passed 8-24-2017)
(A) Fees for the following license categories are provided in § 36.04:
(1) "Class A" Intoxicating Liquor;
(2) "Class A" Cider;
(3) "Class B" Intoxicating Liquor;
(4) Class "A" Fermented Malt Beverages;
(5) Class "B" Fermented Malt Beverages;
(6) Reserve "Class B" Intoxicating Liquor;
(7) "Class C" Wine;
(8) Wholesaler's Fermented Malt Beverages;
(9) Class "B" Fermented Malt Beverages (Wis. Stat. § 125.26 (6));
(10) Operator's License;
(11) Provisional Operator's License;
(12) Temporary Class "B" Retailer;
(13) Provisional retail;
(14) Transfer of license to another premise; and
(15) Duplicate (if original license is lost or destroyed without licensee's fault).
(B) The fee for the initial issuance of a Reserve “Class B” intoxicating liquor license is established as provided in § 36.04 for a Reserve “Class B” intoxicating liquor license plus the specified Class fee. The annual fee for the renewal of a Reserve “Class B” intoxicating liquor license is the specified Class fee as provided in § 36.04.
(Ord. 09-2017, passed 8-24-2017; Ord. 03-2019, passed 2-14-2019)
A “Class B” license for the retail sale of intoxicating liquor also authorizes the sale of intoxicating liquor in the original package or container, in multiples not to exceed four liters at any one time, and to be consumed off the premises where sold. Between the hours of 12:00 midnight and 8:00 a.m., no person may sell any packaged goods from any “Class B” licensed premises. No more than seven retail “Class B” intoxicating liquor licenses shall be granted or issued.
(Ord. 09-2017, passed 8-24-2017)
(A) Applications for all licenses under this chapter shall be processed through the office of the Village Administrator/Clerk. Applications must be accurately completed, providing all information requested on the form prescribed by Wis. Stats. § 125.04(3). Any application shall be filed with the Village Administrator/Clerk not less than 30 days prior to the granting of the license. All renewal applications shall be filed in the office of the Village Administrator/Clerk on or before April 15 of each year. As a further condition of the granting of an operator's license, the applicant shall consent to the taking of a current photograph of his or her person by the city and shall authorize the city to obtain a report of his or her criminal history from any municipal, state and federal law enforcement agencies maintaining such records.
(B) The cost of publication as provided by Wis. Stats. § 125.04(3)(g)6., shall be submitted to the Village Clerk at the time of submitting the license application. The license fee shall be submitted not less than 15 days prior to the date on which the license is to be issued. The village shall not rebate license fees (or portions thereof) to license holders who cede or lose their licenses prior to normal expiration date. No refund for cost of publication shall be issued after the village has incurred such cost.
(C) The Village Board may consider, without limitation by enumeration, each of the following when evaluating, on a case by case basis, applications for initial retail "Class A," "Class B," Class "A," or Class "B" licenses:
(1) The total number of Class A and B licenses presently issued and, if an additional license is requested, the public need, desirability and purpose;
(2) The relevant experience and background of an individual applicant; if a partnership, the relevant experience and background of the partners; and if a corporation, the relevant experience and background of the directors, officers and agent;
(3) Whether the granting of a license is necessary for the financial success of a proposed business;
(4) The effect of granting the license on local traffic and parking;
(5) The proximity of the location at which the license is proposed to be used to, among other, schools, churches, residential neighborhoods and/or any other Class A or Class B establishments licensed by the village;
(6) The premises meet the standards for occupancy of this type;
(7) The economic benefit to the community;
(8) The amount of employment the business will generate;
(9) Past experience of the applicant or other license holders at the location at which the license is proposed to be used; and
(10) The overall effect on the community of the use of the license at the proposed location.
(D) The Village Board may consider, without limitation by enumeration, each of the following when evaluating, on a case by case basis, the application for the renewal of a "Class A" or "Class B" or Class "A" or Class "B" license:
(1) The performance of the applicant under the previously issued license;
(2) The effect of the prior use of the license on local traffic and parking;
(3) The effect, if any, of the prior use of the license on adjacent residential neighborhoods; and
(4) The overall effect of the prior use of the license on the village community.
(E) The Village Board may consider, without limitation by enumeration, each of the following when evaluating on a case by case basis the application for the transfer of a “Class A” or “Class B” or Class “A” or Class “B” license:
(1) The appropriate zoning and suitability of the new location for a use of this type;
(2) The effect of transferring the license on local traffic and parking;
(3) The proximity of the new location to schools, churches, residential neighborhoods, and other licensed establishments;
(4) Other business activities conducted on the premises;
(5) The ability of the licensee to restrict access to intoxicating liquors and fermented malt beverages to minors; and
(6) The proximity of large numbers of minor children in or outside of the licensed premises which may inhibit proper control over alcohol products or may increase the necessity for the presence of law enforcement to control access to and illegal sale of intoxicating liquors and fermented malt beverages to minors.
(7) No license is entitled to be transferred to another location. Is transfer of the license to a new location in the commercial and general welfare interest of the village?
(Ord. 09-2017, passed 8-24-2017)
The Police Chief and, if needed, the Building Inspector shall investigate each new license or permit application, and these officials shall inspect the premises to determine whether the premises sought to be licensed complies with the regulations, laws, or ordinances applicable thereto.
(Ord. 09-2017, passed 8-24-2017)
A violation of this chapter or Wis. Stats. Ch. 125, by a licensee’s agent or employee shall constitute a violation of the licensee. In addition to other sanctions provided within the municipal code, violations of this chapter may result in the revocation or suspension of the license, pursuant to Wis. Stats. Ch. 125.
(Ord. 09-2017, passed 8-24-2017) Penalty, see § 112.99
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