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(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
Wis. Stats. §§ 125.07(1)(a), (2)(a), (3)(a), (4)(a)(b), 125.085(3)(b) and 125.09(2), as may be amended, are adopted in strict conformity with those statutes.
(Ord. 09-2017, passed 8-24-2017) Penalty, see § 112.99
(A) A retail Class “B” licensee for the sale of alcohol beverages shall post a notice at each exit of the licensed premises stating that “No beer, liquor or wine may be carried in an open container outside this premises.”
(B) No person shall possess any open container which contains an alcohol beverage or fermented malt beverage on any street, alley, parking lot, or sidewalk, unless such area is a part of a licensed premises, or carry such container outside a retail Class “B” licensed premises.
(Ord. 09-2017, passed 8-24-2017) Penalty, see § 112.99
(A) Premises.
(1) Definition.
PREMISE or PREMISES. The area described in a license or permit.
(2) Outdoor service area. In establishments holding any intoxicating liquor, fermented malt beverage, or wine license, the premises may also include an outdoor area provided the following conditions are met:
(a) The outdoor area is adjacent to and accessible from the fully enclosed building on the premises unless a variance is granted by the Village Board; and
(b) The outdoor area shall be completely enclosed by a permanent barrier, such as a fence, wall, screens, windows, or similar structure at six feet in height unless the outdoor area is located on a rooftop, in which case a secondary fence will be required.
(3) Noise limitations. No live amplified music shall be permitted in any outdoor area. Amplified sound is allowed between the hours of 9:00 a.m. and 9:00 p.m., unless authorized by the Chief of Police or his or her designee at least 48 hours in advance.
(4) Presence of licensed bartender. Alcohol may be served in the outdoor area to the same extent permitted in the licensed building.
(5) No approval granted hereunder relieves the license holder from compliance with building or zoning codes.
(6) Additional facility restrictions may be imposed by the Village Board or the Village Board may grant variances to the standards of this section upon demonstration of hardship, special site limitations or special circumstances that make compliance impractical.
(B) Persons. No initial or renewal alcohol license shall be granted to any person:
(1) Delinquent in payment of any taxes, assessments or other claims owed to the village;
(2) Delinquent in payment of a forfeiture resulting from a violation of any ordinance of the village;
(3) Delinquent in payment of any other obligation of whatever kind to the village; or
(4) Delinquent in payment to the state of any state taxes owed.
(C) Consent to inspection of premises. It shall be a condition of any license issued hereunder that the licensed premises may be entered and inspected at any reasonable hour by any police officer of the village without any warrant, and the application for a license hereunder shall be deemed a consent to this provision. If such inspection is denied, such denial shall be deemed a violation of this section.
(D) Violation by agents or employees. A violation of this section by a duly authorized agent or employee of a licensee shall constitute a violation of the licensee.
(E) Commencement of operations. Within 180 days after the issuance or approved transfer of a "Class B" intoxicating liquor license or a Class "B" fermented malt beverage license, the licensee shall be open for business with adequate stock and equipment. Upon his or her failure to do business within such time, his or her license shall be subject to revocation by the Village Board after a public hearing. The Village Board may, for a good cause shown, extend such 180-day period.
(F) Transfer of license. No license shall be transferable from person to person, except as provided in Wis. Stats. § 125.04(12)(b), or from place to place, except as provided in Wis. Stats. § 125.04(12)(a).
(G) Location of premises restricted. No retail 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 such premises. This division (G) shall not apply to premises so licensed on June 30, 1947.
(H) Safety and health requirements. No retail Class "B" license shall be issued unless the premises to be licensed conforms to the sanitary, safety, and health requirements of the state's Building Code, the state's Plumbing Code, and the rules and regulations of the state's Department of Health and Social Services applicable to restaurants, and also shall conform to all ordinances and regulations of the village.
(I) Operator on duty required. The licensee, a member of his or her immediate family, or a licensed operator must be present at all times in the immediate area open to the public where alcohol beverages are being served.
(J) Disorderly conduct and gambling 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.
(K) Prohibition on intoxication by licensee.
(1) Prohibition. It shall be unlawful for a licensee or an agent or employee of the licensee to serve or supervise the service of alcohol beverages in a licensed premises while under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog. Controlled substance and controlled substance analog shall have the meaning as these terms are defined in Wis. Stats. Ch. 961. UNDER THE INFLUENCE means not only all the well-known and easily recognized conditions and degrees of intoxication, but any abnormal mental or physical condition which is the result of indulging to any degree in alcohol beverages, controlled substances or controlled substance analogs and which tends to deprive a person of the clearness of intellect and control of himself or herself which he or she would otherwise possess.
(2) Presumption. A test of the person's breath, blood, or urine, including a preliminary breath test, that shows the person has an alcohol concentration of 0.04 or more is prima facie evidence that he or she is under the influence. Law enforcement officials shall be allowed to ask for a preliminary breath test upon reasonable suspicion. Refusal to submit to a requested test may be considered by the Village Board as grounds for revocation, non-issuance, or non-renewal of the server's operator's license.
(3) Effect of violation on premises. If the principal business of the licensed premises is the sale of alcohol beverages, law enforcement officials will order it closed until such time as another licensed server or the licensee who is not in violation of this section shall take charge of such premises. It shall be a violation of this division for any licensed premises to be open contrary to such order of law enforcement officials. Any violation of this division (K)(3) may be considered as grounds for a suspension or revocation of either the operator's license or the establishment's license pursuant to § 112.17 of this municipal code.
(Ord. 09-2017, passed 8-24-2017; Ord. 11-2017, passed 12-14-2017) Penalty, see § 112.99
No premises for which an alcohol beverage license has been issued shall remain open for the sale of alcohol beverages, as follows.
(A) Wholesale license. Between 5:00 p.m. and 8:00 a.m., except Saturdays when the closing hour shall be 9:00 p.m.
(B) Retail “Class B” or Class “B” license. No premises shall be open for the sale of intoxicating liquor or fermented malt beverage between the hours of 2:00 a.m. to 6:00 a.m., except on Saturday and Sunday the closing hour shall be 2:30 a.m.; on January 1 the closing hour shall be 2:30 a.m.
(C) Hotels and restaurants. Hotels and restaurants, the principal business of which is the furnishing of food and/or lodging to patrons, shall be permitted to remain open after closing hours for the conduct of regular business, but shall not sell intoxicating liquors or malt beverages during the closing hours stated in division (B) above.
(D) Presence on premises after closing hour restricted.
(1) Any person who is not an employee of the licensee who remains on the premises after the designated closing hour is subject to the penalties as provided in this chapter.
(2) Any person, while on the premises after closing hours, must be actively engaged in bona fide business activities and may not consume alcoholic beverages.
(Prior Code, § 12.02) (Ord. 09-2017, passed 8-24-2017) Penalty, see § 112.99
(A) Restrictions. Pursuant to Wis. Stats. § 125.07(3), an underage person not accompanied by his or her parent, guardian, or spouse who has attained the legal drinking age may not enter or be on any premises for which a license or permit for the retail sale of alcohol beverages has been issued for any purpose except the transaction of business pertaining to the licensed premises with or for the licensee or his or her employee. The business may not be amusement or the purchase, receiving, or consumption of edibles or beverages or similar activities which normally constitute activities of a customer of the premises.
(B) Exceptions. Division (A), above, shall not apply to:
(1) An underage person who is a resident, employee, lodger, or boarder on the licensed premises;
(2) Licensed restaurants where the principal business is that of a restaurant;
(3) A person who is at least 18 years of age and who is working under a contract with the licensee to provide entertainment for customers on the premises;
(4) A person who is present in a room which is separate from any room where alcohol beverages are sold or served. No alcohol beverages may be furnished or consumed by any person in a room where the underage persons are present or authorized under this section; and/or
(5) An underage person who enters on “Class B” or Class "B" premises on dates specified by the licensee when no alcohol beverages will be consumed, sold, or given away. The licensee shall notify the Police Department of such specified dates; unless all alcohol beverages are stored in a locked portion of the premises, the licensee or a licensed operator must be on the premises at all times.
(Ord. 09-2017, passed 8-24-2017) Penalty, see § 112.99
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