(a) Retail “Class A” intoxicating liquor license. A retail “Class A” intoxicating liquor license, when issued by the Village Administrator, Clerk, or highest elected official, as appropriate, under the authority of the Village Board, shall permit its holder to sell, deal, and traffic in intoxicating liquors only in original packages or containers and to be consumed off the premises so licensed.
(b) Retail “Class B” intoxicating liquor license. A retail “Class B” intoxicating liquor license, when issued by the Village Administrator, Clerk, or highest elected official, as appropriate, under authority of the Village Board, shall permit its holder to sell, deal, and traffic in intoxicating liquors to be consumed by the glass only on the premises so licensed and in the original package or container in multiples not to exceed four liters at any one time, to be consumed off the premises, except that wine may be sold in the original package or otherwise in any other quantity to be consumed off the premises.
(c) Class “A” fermented malt beverage retailer’s license. A Class “A” retailer’s fermented malt beverage license, when issued by the Village Administrator, Clerk, or highest elected official, as appropriate, under the authority of the Village Board, shall entitle the holder thereof to possess, sell, or offer for sale fermented malt beverages only for consumption away from the premises where sold and in the original packages, containers, or bottles. Such license may be issued after July 1. The license shall expire on the following June 30.
(d) Class “B” fermented malt beverage retailer’s license.
(1) License. A Class “B” fermented malt beverage retailer’s license, when issued by the Village Administrator, Clerk, or highest elected official, as appropriate, under the authority of the Village Board, shall entitle the holder thereof to possess, sell, or offer for sale fermented malt beverages, either to be consumed upon the premises where sold or away from such premises. The holder may also sell beverages containing less than one-half of a percentum of alcohol by volume, without obtaining a special license to sell such beverages. Such license may be issued after July 1. The license shall expire on the following June 30.
(2) Application. Class “B” licenses may be issued to any person qualified under Wis. Stats. § 125.04(5). Such licenses may not be issued to any person acting as agent for or in the employ of another except that this restriction does not apply to a hotel or restaurant which is not a part of or located on the premises of any mercantile establishment, or to a bona fide club, society, or lodge that has been in existence for at least six months before the date of application. A Class “B” license for a hotel, restaurant, club, society, or lodge may be issued in the name of an officer who shall be personally responsible for compliance with this chapter. Except as provided in Wis. Stats. § 125.32, Class “B” licenses may not be issued to brewers or fermented malt beverages wholesalers.
(3) Conditions of issuance.
a. A Class “B” fermented malt beverage license which is not issued to a “Class B” intoxicating liquor license holder or applicant may be issued only for use in a restaurant.
b. A
RESTAURANT is defined in Wis. Stats. § 97.01.
c. A restaurant, for which a Class “B” license may be issued under this section is one in which the sale of alcohol beverages accounts for less than 50% of gross receipts whose principal business is the sale of food and does not have a barroom.
d. The village exempts one property from the above restaurant requirements, described as follows:
“Parcel number 152, plat 9-2, prt NE-SW as described in deeds 134 pg 416 ex. vol. 497/418, owned by Warren Hodge, and further described as: a commercial building consisting of a barroom, kitchen and restaurant, recreation and dance floor rooms, office and restrooms occupying a total square foot area of 2,466 feet.” |
(e) Temporary Class “B” fermented malt beverage license.
(1) License. As provided in Wis. Stats. § 125.26(1) and (6), temporary Class “B” fermented malt beverage licenses may be issued to bona fide clubs, to county or local fair associations or agricultural societies, to churches, lodges, or societies that have been in existence for at least six months before the date of application, and to posts of veterans’ organizations authorizing the sale of fermented malt beverages at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. A license issued to a county or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of fermented malt beverages from leased stands on the fairgrounds. The county or district fair to which the license is issued may lease stands on the fairgrounds to persons who may engage in retail sales of fermented malt beverages from the stands while the fair is being held. Such license is valid for dates as approved by the Village Board.
(2) Application. Application for such license shall be signed by the president or corresponding officer of the society or association making such application, and shall be filed with the Village Administrator, Clerk, or highest elected official, as appropriate, together with the appropriate license fee for each day for which the license is sought. Any person fronting for any group other than the one applied for shall, upon conviction thereof, be subject to a forfeiture of $200 and will be ineligible to apply for a temporary Class “B” license for one year. The license shall specify the hours and dates of license validity. The application shall be filed a minimum of 15 days prior to the meeting of the Village Board at which the application will be considered for events of more than three consecutive days. If the application is for a license to be used in a village park, the applicant shall specify the main point of sale facility.
(f) Temporary “Class B” wine license.
(1) License. Notwithstanding Wis. Stats. § 125.68(3), temporary “Class B” licenses may be issued to bona fide clubs, to county or local fair associations or agricultural societies, to churches, lodges, or societies that have been in existence for at least six months before the date of application, and to posts of veterans’ organizations authorizing the sale of wine containing not more than 6% alcohol by volume in an original package, container, or bottle, or by the glass if the wine is dispensed directly from an original package, container, or bottle at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. No fee may be charged to a person who, at the same time, applies for a temporary “Class B” beer license under Wis. Stats. § 125.26(6), or the same event. A license issued to a county or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of wine containing not more than 6% alcohol by volume from leased stands on the fairgrounds. The county or district fair to which the license is issued may lease stands on the fairgrounds to persons who may engage in retail sales of wine containing not more than 6% alcohol by volume from the stands while the fair is being held.
(2) Application. Application for such license shall be signed by the president or corresponding officer of the society or association making such application, and shall be filed with the Village Administrator, Clerk, or highest elected official, as appropriate, together with the appropriate license fee for each day for which the license is sought. Any person fronting for any group other than the one applied for shall, upon conviction thereof, be subject to a forfeiture of $200 and will be ineligible to apply for a temporary “Class B” wine license for one year. The license shall specify the hours and dates of license validity. The application shall be filed a minimum of 15 days prior to the meeting of the Village Board at which the application will be considered for events of more than three consecutive days. If the application is for a license to be used in a village park, the applicant shall specify the main point of sale facility.
(g) Wholesaler’s license. A wholesaler’s fermented malt beverage license, when issued by the Village Administrator, Clerk, or highest elected official, as appropriate, under authority of the Village Board, shall entitle the holder thereof to possess, sell, or offer for sale fermented malt beverages only in original packages or containers to dealers, not to be consumed in or about the premises of said wholesaler.
(h) Retail “Class C” licenses.
(1) In this subsection (h),
BARROOM means a room that is primarily used for the sale or consumption of alcohol beverages.
(2) A “Class C” license authorizes the retail sale of wine by the glass or in an opened original container for consumption on the premises where sold.
(3) A “Class C” license may be issued to a person qualified under Wis. Stats. § 125.04(5), for a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts, and which does not have a barroom if the municipality’s quota prohibits the municipality from issuing a “Class B” license to that person. A “Class C” license may not be issued to a foreign corporation or a person acting as agent for or in the employ of another.
(4) A “Class C” license shall particularly describe the premises for which it is issued.
(Prior Code, § 7-2-4)
Cross-reference:
Revocation and suspension of licenses; non-renewal, see § 7-2-17