(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