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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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