§ 12.02. INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGES.
(1)
STATE STATUTES ADOPTED. (Am. Ord. #12-89) The provisions of Ch. 125, Wis. Stats., relating to the sale of alcohol beverages, except §§125.09(6), 125.11(1), 125.14(4), 125.59, 125.66, 125.075 and 125.09(1), exclusive of any provisions thereof relating to the penalty to be imposed or the punishment for violation of said Statutes, are hereby adopted and made a part of this chapter by reference. A violation of any such provisions shall constitute a violation of this chapter.
(2)
DEFINITIONS. As used in this section, the following definitions shall apply:
(a)
Legal Drinking Age . (Rep. & Recr. Ord. #4-87; Am. Ord. #5-98) Twenty-one years of age.
(b)
Underage Person . A person who has not attained the legal drinking age.
(3)
LICENSES.
(a)
When Required . No person, except as provided in §125.06, Wis. Stats., shall distribute, vend, sell, offer or keep for sale at retail or wholesale, deal or traffic in, or, for the purpose of evading any law or ordinance, give away any intoxicating liquor or fermented malt beverage, or cause the same to be done without having procured a license or permit as provided in this section, nor without complying with all the provisions of this section and all statutes, ordinances and regulations of the State and Village applicable thereto.
(b)
Separate License Required for Each Place of Sale . Except for a licensed public warehouse, a separate license shall be required for each stand, place, room or enclosure or for each suite of rooms or enclosures which are in direct connection or communication where intoxicating liquor or fermented malt beverages are kept, sold or offered for sale, and no license shall be issued to any person for the purpose of possessing, selling or offering for sale any intoxicating liquor or fermented malt beverage in any dwelling house, flat or residential apartment.
(c)
Furnishing Alcohol Beverages in Hotel and Motel Rooms . (Cr. Ord. #12-89) Pursuant to the provisions of §§125.26(2)(m) and 125.51(3)(bm), Wis. Stats., a Class "B" or "Class B" license, respectively, authorizes a person operating a hotel or motel to furnish registered guests of legal drinking age fermented malt beverages and intoxicating liquor, respectively, in the original package.
(4)
LICENSE FEES. (Am. Ord. #23-94; Rep. Recr. Ord. #5-98; Am. Ord. #09-09; Am. Ord. #17-13) There shall be the following classes and denominations of licenses which, when issued by the Village Clerk under the authority of the Village Board after payment of the fee hereinafter specified, shall permit the holder to sell, deal or traffic in intoxicating liquor or fermented malt beverages as provided in §§125.17, 125.25, 125.26, 125.28(1) and (2), 125.51(2), (3), (3m) and (4) or 125.57, Wis. Stats. The fee for Class "A," "Class A," Class "B," "Class B," Reserve "Class B" and "Class C" licenses obtained under this subsection during the year shall be prorated according to the number of months or fraction thereof for which the license is issued; all other licenses shall not be prorated. Organizations of the types enumerated in §125.26(6), Wis. Stats., and §125.51(10), Wis. Stats., seeking a temporary license under subpart (b)2. and (b)3. below, and persons seeking temporary operators licenses under subsection (4)(l) below, shall be exempt from license fees.
(a)
Class "A" Fermented Malt Beverage Retailer's License . $100.00 per year. See §125.25, Wis. Stats.
(b)
Class "B" Fermented Malt Beverage Retailer's License . $100.00 per year. See §125.26, Wis. Stats.
1.
Reserved. (Rep. Ord. #23-94)
2.
Temporary Class "B" License (Picnic License, Beer). Issued to organizations enumerated in §125.26(6), Wis. Stats., to sell or serve fermented malt beverages at a picnic, meeting or gathering, provided, however, that the total fees paid during any licensing year by any one applicant shall not exceed the fees provided for a Class "B" fermented malt beverage retailer's license, as stated in paragraph (b) above. The total maximum number of days per licensing year for which a license may be issued shall not exceed 25 days per applicant.
3.
Temporary "Class B" License (Picnic License, Wine). Issued to organizations enumerated in §125.51(10), Wis. Stats., to sell or serve wine containing not more than 6% alcohol by volume at a picnic, meeting or gathering.
(c)
Wholesaler's Fermented Malt Beverage License . $25.00 per year. See §125.28, Wis. Stats.
(d)
Retail "Class A" Liquor License . $500.00 per year. See §125.51(2), Wis. Stats.
(e)
Retail "Class B" Liquor License . $500.00 per year. See §125.51(3)(e)1., Wis. Stats.
(f)
Retail "Class B" Liquor License Issued to a Full Service Restaurant or Hotel Pursuant to §125.51(4)(v), Wis. Stats . $500.00 per year.
(g)
Retail Reserve "Class B" Liquor License . $500.00 per year. See §125.51(3)(e), Wis. Stats.
(h)
Initial Retail Reserve "Class B" Liquor License .
1.
Fee. $10,000.00 upon approval of initial Retail Reserve "Class B" Liquor License application, to be paid in addition to the annual fee due under paragraph (g) above, and any other fee required under this subsection. See §125.51(3)(e)2., Wis. Stats.
2.
Grants for Certain Reserve "Class B" Liquor Licensees.
a.
Findings and Purpose. 1997 Wis. Act 27, effective December 1, 1997, establishes a new alcohol beverage license called a Retail Reserve "Class B" Liquor License and requires that all who are granted such a license pay an initial license fee of $10,000.00 in addition to the regular Class "B" and "Class B" license fees. The Village Board finds that businesses such as restaurants, hotels and taverns make important contributions to the Village's economy and serve important public purposes, including, but not limited to, increasing the Village's property tax base, providing employment and promoting tourism. The Village Board also finds that the new initial fee for Reserve "Class B" licenses far exceeds the actual cost of licensing the activity, and that excessive license fees deter new businesses and are contrary to the above stated public purposes. It is the purpose of this paragraph to utilize the excess revenue generated by Wis. Act 27 to assist new Reserve "Class B" licensees in order to achieve the important public purposes identified herein.
b.
The Village Board may provide a grant to a Reserve "Class B" licensee if the following conditions are met:
i.
A Retail Reserve "Class B" Liquor License is granted to the licensee.
ii.
The Retail Reserve "Class B" Liquor License applicant properly completes, executes and submits an application for a grant to the Village Board on a form provided by the Village Clerk at the same time the applicant submits the application for a Retail Reserve "Class B" Liquor license.
iii.
The Retail Reserve "Class B" Liquor licensee pays the initial $10,000.00 fee to the Village.
c.
In making its determination whether to award any grant to a Retail Reserve "Class B" Liquor licensee under this paragraph, the Village Board shall make such findings and establish such conditions as it deems necessary to ensure that any funds awarded hereunder further the important public purposes identified herein.
(i)
Retail "Class C" Wine License . $100.00 per year. See §125.51(3m), Wis. Stats. Issued to persons enumerated in §125.51(3m)(c), Wis. Stats., to permit the retail sale of wine by the glass or in an opened original container for consumption on the premises if all of the following conditions are met:
1.
The premises is a restaurant in which the sale of alcoholic beverages accounts for less than 50% of gross receipts.
2.
The premises does not have a "barroom," defined herein as a room that is primarily used for the sale or consumption of alcohol beverages.
3.
The Village's quota under §125.51(4), Wis. Stats., prohibits it from issuing a "Class B" or Reserve "Class B" license.
(j)
Operator's License . (Am. Ord. #32-04) $35.00 per year. See §125.17, Wis. Stats.
1.
Operators' licenses may be granted to individuals by the Village Board for the purposes of complying with §§125.32(2) and 125.68(2), Wis. Stats.
2.
Operators' licenses may be issued only on written application on forms provided by the Village Clerk. The annual operator's license fee, in an amount as determined by the Village Board in the Village's yearly fee schedule, shall be tendered with the application. (Am. Ord. #26-09)
3.
Operators' licenses shall be valid for one year and shall expire on June 30 of each year.
4.
Effective July 1, 1991, no new operator's license shall be granted unless the applicant has successfully completed a VTAE responsible beverage server training course or is otherwise exempt from such requirement under §125.17(6)(a), Wis. Stats. The Village Clerk may issue a provisional operator's license to a person who is enrolled in said training course and shall revoke such license if the applicant fails to successfully complete the course.
(k)
Provisional Operator's License . (Am. Ord. #22-05) $15.00 for 60 days. See §125.17(5), Wis. Stats.
1.
The Village Clerk, upon the recommendation of the Police Chief, may issue a provisional operator's license to a person who has applied for an operator's license.
2.
No such license shall be issued unless the applicant is enrolled in a responsible beverage server training course as provided in paragraph (j)4., above.
(l)
Temporary Operator's License . (Am. Ord. #09-09) See §125.17(4), Wis. Stats.
1.
The Village Clerk, upon the recommendation of the Police Chief, may issue a temporary operator's license to a person who has applied for said license.
2.
This license may be issued only to operators employed by, or donating their services to, nonprofit corporations which have been granted a Temporary Class "B" or "Class B" license under paragraph (b) above.
3.
No person may hold more than one license of this kind per year.
4.
This 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.
(m)
Wholesaler's Intoxicating Liquor License . $300.00 per year. See §125.54, Wis. Stats.
(n)
Late Penalty Fees . (Cr. Ord. # 19-06) There shall be established a late penalty fee of $100.00 as follows:
1.
The Clerk shall charge a late penalty fee of $100.00 for each application that arrives past the deadline date, set forth in the renewal notice letter sent each year.
2.
The Clerk shall charge an additional late penalty fee if a special Public Safety Committee meeting is held for license approval.
3.
The Clerk shall charge an additional late penalty fee of $100.00 for repeat offenders.
(5)
LICENSE APPLICATION. (Rep. & Recr. Ord. #4-87; Am. Ord. #23-94; Am. Ord. #25-04; Am. Ord. 16-13) Application for a license to sell or deal in alcohol beverages shall be made in writing on the form prescribed by §125.04(3), Wis. Stats., and shall be filed with the Village Clerk not less than 15 days prior to the granting of such license. Such application shall be accompanied by the cost of publication as provided by §125.04(3)(g)6., Wis. Stats., and the appropriate fee shall be paid not less than 15 days prior to the date of issuance of the license. However, applications for licenses to be issued under §§125.26(6) and 125.51(4m), Wis. Stats., shall be filed with the Village Clerk not less than 3 days prior to the granting of the license. Further, as a condition of granting an operator's license, the applicant shall submit and sign a waiver permitting the Village to secure from the Wisconsin Crime Information Bureau a record check of the applicant. A fee equal to the fee charged by the State Department of Justice, in addition to the annual fee, shall be paid to the Village by the applicant to reimburse the Village for expenses incurred in administering the provisions of this section.
(6)
QUALIFICATIONS FOR LICENSES AND PERMITS.
(a)
Natural Persons . Licenses related to alcohol beverages, issued to natural persons under this section, may be issued only to persons who:
1.
Do not have an arrest or conviction record, subject to §§111.321, 111.322 and 111.335, Wis. Stats.
2.
Have been residents of this State continuously for at least 90 days prior to the date of filing the application for license. (Am. Ord. #23-94)
3.
Have attained the legal drinking age, except that operators' licenses may be issued to persons who have attained the age of 18. (Am. Ord. #37-87)
4.
Have submitted proof of having a seller's permit under §77.61(11), Wis. Stats. (Cr. Ord. #17-90)
5.
Have successfully completed within the 2 years prior to the date of application a responsible beverage server training course as provided in §125.04(5)(a)5., Wis. Stats., unless the applicant held, within the past 2 years, a Class "A," "Class A" or "Class C" license or a Class "B" or "Class B" license or permit or a manager's or operator's license. (Cr. Ord. #42-94)
(b)
Criminal Offenders . (Am. Ord. #23-94) No license or permit related to alcohol beverages may, subject to §§111.321, 111.322 and 111.325, Wis. Stats., be issued under this section to any natural person who has been convicted of a felony unless the person has been duly pardoned.
(c)
Corporations . No license or permit may be issued to any corporation unless the agent of the corporation appointed under §125.04(6), Wis. Stats., and the officers and directors of the corporation meet the qualifications of paragraphs (a) and (b) above, except that paragraph (a)2. does not apply to agents.
(d)
Operators' Licenses . (Am. Ord. #17-90) Paragraph (a)2. and 4., above, does not apply to applicants for operators' licenses.
(7)
LICENSE CONDITIONS AND RESTRICTIONS. In addition to the requirements imposed by provisions of the Wisconsin Statutes adopted by reference in subsection (1) of this section, the following conditions and restrictions shall apply to the issuance of licenses or permits pursuant to this section:
(a)
Review Prior to Approval . No license or permit shall be issued to any person or officer or director of a corporation unless the application therefor shall first have been reviewed and a recommendation received from the Police Department.
(b)
Denial of License or Permit . (Rep. & Recr. Ord. #35-03; Am. Ord. #8-11) No annual or permanent license or permit authorized or required by the Municipal Code of Germantown shall be granted or issued:
1.
To any person who owes any unpaid delinquent personal property tax, room tax, special assessment, hazardous material spill response charge, or inspection fee to the Village of Germantown. (Am. Ord. #24-13)
2.
For any premises for which real property taxes in excess of six months, room taxes, or special assessments are delinquent or unpaid. (Am. Ord. #24-13)
(c)
Inspection of Application and Premises . The Village Clerk shall notify the Chief of Police of all license and permit applications who shall inspect, or cause to be inspected, each application and premises to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto and the applicant's fitness for the trust to be imposed. The Chief of Police shall furnish to the Village Clerk, in writing, the information derived from such investigation. No license or permit provided for in this section shall be issued without the approval of the Village Board.
(d)
Health and Sanitation . No license shall be issued for any premises which does not conform to the sanitary, safety and health requirements of the Wisconsin Department of Industry, Labor and Human Relations and the State Board of Health and to all such ordinances and regulations adopted by the Village.
(e)
Safety and Sanitation Requirements . Each licensed premises shall be maintained and conducted in a sanitary manner and shall be a safe and proper place for the purpose for which used.
(f)
Posting Licenses Required . Licenses or permits issued under this section shall be posted and displayed as provided in §125.04(10), Wis. Stats., and any licensee or permittee who shall fail to post his license or permit as therein required shall be presumed to be operating without a license.
(g)
Search of Licensed 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 or other authorized officer of the Village without any warrant and the application for a license hereunder shall be deemed a consent to this provision. Any refusal to permit such inspection shall automatically operate as a revocation of any license issued hereunder and shall be deemed a violation of this section.
(h)
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.
(i)
Reserved . (Rep. Ord. #09-06)
(j)
Reserved . (Rep. Ord. #4-87)
(k)
Sales to Underage Persons Restricted . (Rep. & Recr. Ord. #4-87) No alcohol beverage shall be sold, dispensed, given away or furnished to any underage person unless accompanied by a parent, guardian or spouse who has attained the legal drinking age.
(l)
Sales by Clubs . No club shall sell intoxicating liquors or fermented malt beverages except to members and guests invited by members.
(m)
Effect of Revocation of License . No license shall be issued for any premises if a license covering such premises has been revoked within 6 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.
(n)
Violation by Agents or Employees . A violation of this subsection by a duly authorized agent or employee of a licensee shall constitute a violation of the licensee.
(o)
Cessation of Operation . Where the holder of a Class B license ceases to operate or do business while same is validly in force and effect, the licensee, or his heirs, may, at the discretion of the Village Board, continue to hold said license for its unexpired term and shall also be eligible to apply for and receive one normal one-year renewal thereof; it being the intent and purpose of this paragraph to require the licensee, or his heirs, to consummate bona fide rental or sale of the business assets involved.
(p)
Transfer of License . No license shall be transferable from person to person, except as provided by §125.04(12)(b), Wis. Stats., or from place to place, as provided in §125.04(12)(a), Wis. Stats.
(q)
Outdoor Premises . (Cr. Ord. #17-85; Rep. & Recr. Ord. #13-93; Am. Ord. #10-17)
1.
No alcoholic beverages shall be served or consumed, and no amplified sound or outdoor lighting, other than customary safety and security lighting, shall be permitted within an outdoor licensed premises except as may be authorized by the Village Board at the time of license issuance subject to such conditions found to be necessary to minimize the impact of such use upon surrounding properties including limiting the dates and times of operation and requiring technologically reasonable steps to minimize noise and other impacts.
2.
Repeated or serious violations of subsection (a) shall constitute grounds for revocation, suspension, or non-renewal under subsection (12) of the outdoor premises extension and/or the alcohol beverage license.
3.
Outdoor premises operating under a liquor license issued before the effective date of this ordinance shall continue to operate under the terms applicable at the time of approval. Any licensee who wishes to operate under this language would need to amend their license by application to the Village Board, said application requiring public notice as if the application was a new outdoor premises request.
(r)
Entertainment Restricted . (Cr. Ord. #13-93) No live or recorded amplified exhibitions, concerts or any other similar entertainment shall be permitted on the licensed premises between ½ hour prior to the closing hour, as established by the Wisconsin Statutes and subsection (8) below, and 8:00 a.m.
(8)
CLOSING HOURS. No premises for which an alcohol beverage license has been issued shall remain open for the sale of alcohol beverages:
(a)
If a wholesale license, between 5:00 p.m. and 8:00 a.m., except on Saturday when the closing hour shall be 9:00 p.m.
(b)
If a retail Class "A" license for fermented malt beverages, between 12:00 midnight and 6:00 a.m. (Am. Ord. #1-12)
(c)
If a retail "Class A" license for intoxicating liquor, between 9:00 p.m. and 6:00 a.m. (Am. Ord. #1-12)
(d)
If a retail Class B license for either fermented malt beverages or intoxicating liquor, between 2:00 a.m. and 6:00 a.m. Monday through Friday and 2:30 a.m. and 6:00 a.m. on Saturday and Sunday, except on January 1, when there are no closing hours. (Rep. & Recr. Ord. #42-87; Am. Ord. #9-88)
(e)
Hotels and restaurants whose principal business is the furnishing of food or lodging to patrons, and bowling alleys and golf courses may remain open for the conduct of their regular business, but no intoxicating liquors or fermented malt beverages shall be sold during prohibited hours.
(f)
No person other than an employee of a Class B licensed premises may be on the premises during closed hours. Employees on the premises during closed hours shall not consume fermented malt beverages or intoxicating liquors. (Cr. Ord. #43-98)
(8a)
SALE OF CLASS B PACKAGED GOODS. (Cr. Ord. #9-88)
(a)
Sale Restrictions . Pursuant to §125.51(3)(b), Wis. Stats., no person may sell intoxicating liquor in an original unopened package, container or bottle for consumption away from the premises in excess of 4 liters at any one time on any premises for which a "Class B" intoxicating liquor license or combination Class B alcohol beverage license has been issued. However, packaged goods sales of fermented malt beverages and wine from such premises may be made in any quantity.
(b)
Hours of Sale . Between the hours of 12:00 midnight and 6:00 a.m., no person may sell any packaged goods from any Class B licensed premises.
(9)
REGULATION OF CLASS A PREMISES. (Rep. & Recr. Ord. #4-88; Am. Ord. #35-03; Am. Ord. #32-05) No business licensed under a "Class A" liquor license, Class "A" fermented malt beverage license, or a combination "Class A" liquor and Class "A" fermented malt beverage license shall be conducted, except as follows:
(a)
Entrances and Exits . Entrances to and exits from the licensed premises shall be exclusively from and to a public way.
(b)
Sales . (Am. Ord. #4-11) No other business shall be conducted on the licensed premises; no products except alcohol beverages may be sold, except as follows:
1.
Ice cubes and ice blocks.
2.
Glassware, synthetic ware and crockery commonly used in the serving or mixing of liquor or of beer.
3.
Carbonated beverages and cocktail mixes.
4.
Fruit juices, frozen or unfrozen.
5.
Bar tools, spoons, knives, openers and other associated hardware items used in the serving of liquor, beer and beverages.
6.
Tobacco products.
7.
Nuts, potato chips, pretzels, popcorn, dips, cheese spreads, corn chips, saltines and Ritz-like crackers.
8.
Olives, maraschino cherries, pickled onions and other items commonly found in drinks.
9.
General groceries and foodstuffs, provided the business actually uses electronic scanning software and hardware, which actively and effectively prohibits all sales of intoxicating liquors and fermented malt beverages during the hours provided in subsection (8) above, although the premises may remain open beyond such closing hours for the conduct of their primary retail sale business.
(c)
Gas Station Exception . Notwithstanding anything to the contrary in this subsection, a gas station licensed under a "Class A" liquor and/or Class "A" fermented malt beverage license shall not be subject to paragraph (b), above, and may sell gasoline and other items traditionally sold in gas stations. (Am. Ord. #15-12)
(d)
Specialty Retailer Exception . Notwithstanding anything to the contrary in this subsection, a business licensed under a combination "Class A" liquor and Class "A" fermented malt beverage license shall not be subject to paragraph (b), above, if all of the following apply:
1.
The total floor area of such premises shall be greater than 15,000 square feet and less than 20,000 square feet.
2.
Alcohol beverage sales shall be accessory to, and not the primary retail sales business conducted on the premises.
3.
No gasoline, tobacco products or lottery tickets shall be sold on the premises.
4.
No intoxicating liquors or fermented malt beverages may be sold on the premises during the closing hours set forth in subsection (8) above, but the premises may remain open beyond such closing hours for the conduct of their primary retail sale business.
(9a)
LICENSE QUOTAS. (Cr. Ord. #4-88; Renum. Ord. #35-03)
(a)
Reserved . (Rep. Ord. #35-07)
(b)
Reserved . (Rep. Ord. #35-07)
(c)
"Class B" Intoxicating Liquor License and Reserve "Class B" Intoxicating Liquor License Quotas . (Am. Ord. #5-98) The number of persons and places that may be issued "Class B" intoxicating liquor licenses and reserve "Class B" intoxicating liquor licenses under this section is limited as provided in §125.51(4), Wis. Stats.
(10)
UNDERAGE PERSON; PRESENCE IN PLACES OF SALE. (Cr. Ord. #4-87)
(a)
Restrictions . Pursuant to §125.07(3), Wis. Stats., an underage person not accompanied by his 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 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 . Paragraph (a) above shall not apply to:
1.
An underage person who is a resident, employee, lodger or boarder on the licensed premises.
2.
An underage person who enters a "Class A" premises for the purpose of purchasing edibles and soft drinks and immediately thereafter leaves such premises.
3.
Hotels, drug stores, grocery stores, bowling alleys, athletic fields or stadiums owned by a county or municipality.
4.
Ski chalets, golf clubhouses, curling clubs and private tennis clubs.
5.
Licensed restaurants where the principal business is that of a restaurant.
6.
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.
7.
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.
(11)
UNDERAGE PERSON; CONSUMPTION AND POSSESSION OF ALCOHOL BEVERAGES. (Cr. Ord. #4-87)
(a)
Restrictions . Pursuant to §125.07(4)(b) and (bm), Wis. Stats., no underage person not accompanied by a parent, guardian or spouse who has attained the legal drinking age may knowingly possess or consume alcohol beverages.
(b)
Exceptions . An underage person may possess alcohol beverages if employed by any of the following:
1.
A brewer.
2.
A fermented malt beverages wholesaler.
3.
A permittee other than a Class "B" or "Class B" permittee.
4.
A facility for the production of alcohol fuel.
5.
A retail licensee or permittee under the conditions specified in §125.32(2) or 125.68(2), Wis. Stats., or for delivery of unopened containers to the home or vehicle of a customer.
6.
A campus, if the underage person is at least 18 years of age and is under the immediate supervision of a person who has attained the legal drinking age.
(c)
Selling or Serving Alcohol Beverages . Pursuant to §§125.32(2) and 125.68(2), Wis. Stats. any underage person who is at least 18 years of age may sell or serve alcohol beverages on any Class A or Class B premises, provided that such underage person is under the immediate supervision of the licensee, agent or manager, or a licensed operator, who is on the premises at the time of such sale or service.
(11.5)
CANCELLATION FOR NON-USE OF LICENSE. (Cr. Ord. #20-02)
(a)
Grounds for Cancellation . Any Class A or Class B fermented malt and/or intoxicating liquor license or Class "C" wine license granted under this chapter for which the subject premises:
1.
Is not open for business within 180-days of the granting of such license; or
2.
Is not open for business at least 50% of the days within any 12-month period, either within a licensing year, or overlapping 2 licensing years,
shall be cancelled unless, after notice and hearing as provided for in subparagraph (b) below, the Village Board shall determine that good cause exists for the failure of the licensee to be open for business for periods in excess of the minimums set forth hereinabove. If such cause is found to exist, the Village Board may set such terms as it deems appropriate to the continuation of the license with respect to minimum days of operation or a time frame within which the subject premises must be open for business to avoid cancellation of the subject license.
(b)
Notice and Hearing . Prior to cancellation of any license, the Village Clerk shall notify the licensee in writing of the Village's intention to cancel the license for non-use and provide the licensee with an opportunity for a hearing. Such notice shall also specify the time, place, and date of the hearing, which shall not be less than 15 days after the date of the notice. Such hearing shall be conducted as provided in accordance with §125.12(2)(b), Wis. Stats., and any amendments thereto.
(12)
REVOCATION, SUSPENSION AND REFUSAL TO RENEW LICENSES. (Renum. Ord. #4-87)
(a)
Procedure . (Am. Ord. #5-98). The provisions of §125.12(2) and (3), Wis. Stats., shall be applicable to proceedings for the revocation, suspension and refusal to renew all licenses granted under this section. Revocation or suspension proceedings may be instituted by the Village Board upon its own motion by adoption of a resolution. In any proceedings during which the decision to revoke, suspend or refusal to renew is made, the Village Board may consider the following causes in addition to those provided in §125.12(2)(ag), Wis. Stats.
1.
Subject to § 125.12(1)(b), Wis. Stats., any violation of this subsection, sections 9.07 or 9.09 of this Code, or Ch. 125, Wis. Stats. (Am. Ord. #12-17)
2.
Discontinuance or abandonment of the use of a licensed premises for a period exceeding 90 days without the express approval of the Village Board pursuant to subsection (7)(o) above.
(b)
Repossession of License . Whenever any license under this section shall be revoked or suspended pursuant to this subsection, it shall be the duty of the Village Clerk to notify the licensee of such suspension or revocation and to notify the Chief of Police, who shall take physical possession of the license wherever it may be found and file it in the Village Clerk's office.
(c)
Effect of Revocation of License . Whenever any license shall be revoked, at least 6 months from the time of such revocation shall elapse before another license shall be granted for the same premises, and 12 months shall elapse before any other license shall be granted to the person whose license was revoked.
State law reference— Alcoholic liquor, Wis. Stats. ch. 125.