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(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
(A) Operators' licenses shall be issued to individuals by the village for the purpose of complying with Wis. Stats. §§ 125.32(2) and 125.68(2). Operators' licenses shall be issued only upon written application forms provided by the Village Clerk.
(B) Operators' licenses issued under this section are valid only within the village.
(C) Criteria for issuance. Licenses and permits related to alcoholic beverages issued to natural persons under this chapter may be issued only to persons who fulfill all of the following requirements:
(1) The person must be at least 18 years of age;
(2) All applicants for an operator's license shall successfully pass a responsible beverage servers course as required in Wis. Stats. § 125.04(5);
(3) The individual requesting a license may be denied a license based upon his or her arrest or conviction record subject to Wis. Stats. §§ 111.32, 111.322 and 111.335, and Wis. Stats. § 125.04(5)(a)1. It is not employment discrimination because of a pending arrest record or a conviction record to deny a license if the circumstances of the charge substantially relate to the alcohol beverage licensing activity;
(4) The individual requesting a license may not be issued a license if they are a HABITUAL LAW OFFENDER as defined in this chapter; and
(5) An individual requesting a license shall not be issued a license if he or she has been convicted of a felony which substantially related to the alcohol beverage licensing activity.
(D) (1) Temporary operators' licenses. The village shall issue temporary operators' licenses under the terms of this chapter except that:
(a) The license may be issued only to operators employed by or donating their services to nonprofit organizations;
(b) No person may hold more than one temporary operator's license per year;
(c) The license is valid for any period from one day to 14 days, and the period for which it is valid shall be stated on the license; and
(d)
The fees for a temporary operator’s license is provided in § 36.04. It shall be non-refundable and shall not apply toward any other operator’s license under this section.
(2) The procedure for licenses issued in accordance with this section for temporary operators' licenses shall be as follows: Upon application therefore the Village Clerk shall submit such application to the Village Board. In such situations where the temporary operator's license application is filed and time does not permit review by the Village Board, the Village Clerk shall have the authority to grant or deny the issuance of such license; provided, however, that in such case the license fee shall be $25, which shall be non-refundable and shall not apply toward another operator's license under this section.
(E) Provisional operators' licenses. Provisional operators' licenses shall be issued according to the following:
(1) The Village Clerk is authorized to issue a provisional operator's license to a person who has submitted an initial application for an operator's license under § 112.05, provided that, based on the information contained in the application, the person meets the qualifications in § 112.14 for issuance of licenses related to alcohol beverages, and provided further that the person has not previously been denied an operator's license by the village.
(2) The fee for provisional operators’ licenses shall be as provided in § 36.04 which shall be non-refundable and shall not apply towards any other operator’s license under this section.
(3) A provisional operator’s license shall expire 60 days after its issuance or a license under § 112.05 of this section is issued to the holder, whichever is sooner.
(4) The Village Clerk may revoke a provisional operator’s license if it is discovered that the holder of the license made a false statement on the application.
(Ord. 09-2017, passed 8-24-2017; Ord. 03-2019, passed 2-14-2019)
(A) Prohibited. It is unlawful for any person to perform or engage in, or for any licensee or manager or agent of the licensee to permit any person, employee, entertainer or patron to perform or engage in any live act, demonstration, dance or exhibition on the premises of a licensed establishment which:
(1) Shows his or her genitals, pubic area, vulva, anus, anal cleft or cleavage with less than fully opaque covering;
(2) Shows any portion of the female breast below a point immediately above the top of the areola; or
(3) Show the covered male genitals in a discernibly turgid state.
(B) Exemptions. The provisions of this chapter do not apply to the following licensed establishments: theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers of entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.
(1) Definitions. For purposes of this chapter, the term LICENSED ESTABLISHMENT means any establishment licensed by the Village Board to sell alcohol beverages pursuant to Wis. Stats. Ch. 125. The term LICENSEE means the holder of a retail "Class A," "Class B," Class "B," Class "A," or "Class C" license granted by the Village Board pursuant to Wis. Stats. Ch. 125.
(2) (a) Penalties. Any person, partnership, or corporation who violates any of the provisions of this chapter shall be subject to a forfeiture of not less than $500, and not more than $2,000 per violation, as listed in the Bond Schedule found in Ch. 36 of this municipal code. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this chapter constitutes sufficient ground for suspending, revoking or non-renewing any alcohol beverage license under Wis. Stats. § 125.12.
(b) If any section of this chapter is found to be unconstitutional or otherwise invalid, the validity of the remaining sections shall not be affected.
(Ord. 09-2017, passed 8-24-2017) Penalty, see § 112.99
The Village Clerk is authorized pursuant to Wis. Stats. §§ 125.26(6) and 125.51(10), to issue a license for the sale of fermented malt beverages or wine at picnics or similar gatherings. Conditions for the issuance of a license in addition to the requirements of Wis. Stats. Ch. 125, shall be as follows:
(A) At least one holder of an operator's license shall at all times be present on the licensed premises where fermented malt beverages and wine are sold or offered for sale at an event for which a Class "B" fermented malt beverage or Class "B" wine picnic license has been issued.
(B) The organization must provide sufficient security personnel satisfactory to the Chief of Police to ensure that fermented malt beverages and wine are not consumed outside of the approved areas specified for the consumption of such beverages and that minors are not present on the licensed premises except as permitted in Wis. Stats. Ch. 125.
(C) The licensed premises shall be fenced as required by the Chief of Police.
(D) The organizers shall post notices at each exit of the licensed premises stating, "No beer or wine will be carried in an open container beyond this point."
(E) The Chief of Police may require the organizer to provide adequate sanitary facilities, lighting, and other measures to ensure the health, safety and convenience of the public while attending the event.
(F) The licensee shall, prior to the commencement of the event, notify the police department that event set-up has been completed so that a compliance inspection may occur. No fermented malt beverages or wine may be sold until the final inspection occurs.
(Ord. 09-2017, passed 8-24-2017)
(A) Procedure. Except as hereinafter provided, the provisions of Wis. Stats. §§ 125.12(2) and 125.12(3), shall be applicable to proceedings for revocation or suspension of licenses or permits granted under this chapter. Revocation or suspension proceedings may be initiated upon written complaint by the Village President, the Chief of Police, or by the Village Board upon its own motion. No license shall be suspended, revoked, or non-renewed for a single violation of serving an underage person in a one-year period, and no more than one citation may be issued for a single violation.
(B) Repossession of license or permit. Whenever any license or permit shall be revoked or suspended pursuant to this chapter, the Village Administrator/Clerk shall notify the licensee or permittee and the Chief of Police of such revocation or suspension and the Chief of Police or his or her designee shall take physical possession of the license or permit, wherever it may be found, and file it in the office of the Administrator/Clerk.
(C) Effect of revocation of license. No license shall be issued for any premises if a license covering such premises has been revoked within six months prior to application. No license shall be issued to any person who has had a license issued pursuant to this section revoked within 12 months prior to application.
(Ord. 09-2017, passed 8-24-2017)
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