Chapter 5.25
LIQUOR Revised 10/24
Sections:
5.25.010 State statutes adopted.
5.25.055 Online ordering and curbside pickup of alcohol beverages.
5.25.060 Application for license.
5.25.070 Qualifications of applicants and premises.
5.25.090 Approval of application.
5.25.120 Numbering of license.
5.25.130 Posting licenses – Defacement.
5.25.140 Conditions of license.
5.25.160 Restrictions on special Class “B” fermented malt beverage picnic or special event license. Revised 10/24
5.25.170 Outdoor premises beer garden and patio permits. Revised 10/24
5.25.180 Revocation and suspension of licenses – Nonrenewal. Revised 10/24
5.25.010 State statutes adopted.
The provisions of Chapter 125, Wis. Stats., relating to the sale of intoxicating liquor and fermented malt beverages, except provisions therein relating to penalties to be imposed, are hereby adopted by reference and made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this chapter. Any future amendment, revisions or modifications of the statutes incorporated herein are intended to be made a part of this chapter. [Ord. dated 6/7/23].
5.25.020 Definitions.
As used in this chapter, the terms “alcoholic beverages,” “intoxicating liquors,” “sell,” “sold,” “sale,” “restaurant,” “club,” “retailer,” “person,” “fermented malt beverages,” “wholesalers,” “retailers,” “operators,” “tamper-evident seal” and “nonintoxicating beverages” shall have the meaning given them by Chapter 125, Wis. Stats. In addition, the following definitions shall be used:
“Business” shall mean all lawful activity contemplated to be conducted on the licensed premises at the time such license was issued;
“Operate” or “be operated” shall mean the conducting of business, during all such times of the day in which such business is normally conducted and shall mean that such business is open for business to the general public during such times. [Ord. dated 6/7/23].
5.25.030 License required.
No person, firm or corporation shall vend, sell, deal or traffic in or have in his possession with intent to vend, sell, deal or traffic in or, for the purpose of evading any law or ordinance, give away any intoxicating liquor or fermented malt beverage in any quantity whatever, or cause the same to be done, without having procured a license as provided in this chapter nor without complying with all the provisions of this chapter, and all statutes and regulations applicable thereto, except as provided by Sections 125.26, 125.27, 125.28 and 125.51, Wis. Stats. [Ord. dated 6/7/23].
5.25.040 Classes of licenses.
(a) Retail “Class A” Intoxicating Liquor License. A retail Class “A” intoxicating liquor license, when issued by the village clerk 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 clerk under authority of the village board, shall permit its holder to sell, deal and traffic in intoxicating liquors to be consumed by the glass on the premises so licensed, or off the premises if the licensee seals the container of intoxicating liquor with a tamper-evident seal before the intoxicating liquor is removed from the premises. The Class B license also authorizes the sale of intoxicating liquor in the original package or container, any quantity, to be consumed off the premises where sold.
(c) Class “A” Fermented Malt Beverage Retailer’s License. A Class “A” retailer’s fermented malt beverage license, when issued by the village clerk 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.
(d) Class “B” Fermented Malt Beverage Retailer’s License. A Class “B” fermented malt beverage retailer’s license, when issued by the village clerk 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 percent of alcohol by volume, without obtaining a special license to sell such beverages.
(1) Six Months. A Class “B” license may be issued at any time for six months in any calendar year for 50 percent of the applicable license fee. Such license shall not be renewable during the calendar year in which issued. See Section 125.26(5), Wis. Stats.
(2) Picnic. See Section 125.26(6), Wis. Stats. The village board of Arena authorizes the village clerk to issue temporary Class “B” licenses; provided, that the criteria under Section 125.26(6), Wis. Stats., are met.
Exceptions: The following organizations must appear before the village board for a temporary Class “B” license:
(1) Organizations applying for the first time for a license.
(2) Organizations that have had complaints against them or problems with enforcing the alcohol beverage laws, Ch. 125, Wis. Stats.
(e) Special Class “B” Fermented Malt Beverage Picnic License.
(1) A special Class “B” picnic license, when issued by the village clerk under authority of the village board, as provided for in Section 125.26(6), Wis. Stats., shall entitle the holder thereof to possess, sell or offer for sale fermented malt beverages at a particular picnic, post meeting, fair or similar gathering. Such license may be issued only to bona fide clubs, churches, state, county or local fairs, associations or agricultural societies, lodges or societies that have been in existence for not less than six months prior to the date of application for such license or to posts of ex-servicemen’s organizations now or hereafter established. 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 making such application and shall be filed with the village clerk together with the appropriate license fee for each day for which the license is sought. The license shall specify the hours and dates of license validity. Such license shall be valid for no more than four 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) Quota Plus Class “B” Beer and Class “B” Liquor License for 300-Seat Full-Service Restaurant.
(1) The village may issue a quota plus Class “B” beer and Class “B” liquor license to any restaurants where meals are prepared or served or sold to transients or the general public and which have a seating capacity of 300 or more persons. To be considered for a quota plus Class “B” beer and Class “B” liquor license, a restaurant must meet the following requirements:
a. Seating.
1. Two-thirds of the seating capacity must be indoors.
2. The outdoor seating capacity must be open for at least 180 days in each calendar year.
3. None of the outdoor seating capacity can be in a parking lot.
4. The outdoor seating capacity must be in an enclosed space, with a permanent barrier separating the outdoor seating from other outdoor premises.
5. Any license issued under this subsection shall require the applicant for such license to certify the premises covered by such license to have the required seating capacity, as required, and shall be accompanied by either:
i. A copy of the final building plan approved by the state of Wisconsin Department of Commerce, or its successor responsible for approval of such commercial building plan, clearly establishing the required seating capacity; or
ii. A sworn statement from a professional engineer licensed by the state of Wisconsin certifying the required seating capacity.
b. Inspection.
1. The restaurant must pass both the village and state of Wisconsin current inspection and building code requirements.
2. The restaurant must provide a copy of its restaurant license before the quota plus Class “B” beer and Class “B” liquor license will be issued.
c. Meals.
1. More than 50 percent of the revenue received by the restaurant must be from the sale of food. The village reserves the right to inspect the records of the restaurant to ensure that the restaurant meets this requirement.
2. All food must be prepared on site at the restaurant. Specifically, no food can be catered in or prepared at another location and transported to the restaurant.
3. The menu for the restaurant cannot primarily contain microwavable and frozen food items (i.e., frozen pizzas, frozen sandwiches, popcorn, and vending machine food).
4. The restaurant must have kitchen space and kitchen equipment that is equipped to prepare food for 300 people.
(g) Class “A” Cider License. In this subsection, “cider” means any alcohol beverage that is obtained from the fermentation of the juice of apples or pears and that contains not less than one-half of one percent alcohol by volume and not more than seven percent alcohol by volume. “Cider” includes flavored, sparkling, and carbonated cider. Any applicant requesting issuance of a Class “A” license may also apply for issuance of a Class “A” license authorizing the sale of cider on the premises described in the Class “A” license if all of the following apply:
(1) The application is made for a Class “A” license containing the condition that retail sales of intoxicating liquor are limited to cider.
(2) The applicant holds a Class “A” license issued in accordance with the provisions of this code and Section 125.25, Wis. Stats., for the same premises for which the Class “A” license application is made.
(3) There shall be no annual fee required for issuance of a Class “A” license under this subsection. Notwithstanding anything contained in this code, or in Chapter 125, Wis. Stats., to the contrary, a person issued a Class “A” license under this subsection may not make retail sales, or provide taste samples, of any intoxicating liquor other than cider.
(h) Class “C” Wine License. A Class “C” license authorizes retail sale of wine by the glass or in an open original container for consumption on the premises where sold. A Class “C” wine license may be granted to an applicant only if:
(1) The applicant meets the qualifications under Section 125.04(5), Wis. Stats., for other retail licenses.
(2) The license is for a restaurant in which the sale of alcohol beverages accounts for less than 50 percent of gross receipts.
(3) Wine is the only intoxicating liquor sold in the barroom. [Ord. dated 6/7/23].
5.25.050 License fees.
There shall be the classes and denominations of alcohol beverage licenses as authorized for issuance by the village in Chapter 125, Wis. Stats., which, when approved by the village board and issued by the village clerk, after payment of the required fee, shall permit the holder to sell, deal or traffic in alcohol beverages as provided by the applicable Wisconsin Statutes for such classes of license. The fees for alcohol beverage licenses shall be as from time to time determined by resolution of the village board and posted in the office of the village clerk-treasurer but shall not exceed any limitation established by the provisions of law. For retail licenses, the fee for a license for less than 12 months shall be prorated according to the number of months or fraction thereof for which the license is issued. [Ord. dated 6/7/23].
5.25.055 Online ordering and curbside pickup of alcohol beverages.
(a) Online Ordering and Curbside Pickup of Alcohol Beverages for Class “A” and “Class A” licenses.
(1) No establishment or licensee shall allow online purchase of alcohol beverages and curbside delivery of such purchases (“Click and Collect”), without having such authorization in the license or obtaining a “change of premises” from the village board, upon recommendation of the licensing committee to license that portion of the establishment’s parking lot that will allow vehicles to park for purposes of picking up their online order. Only Class “A” and “Class A” licenses are eligible for “Click and Collect.” An application for “Click and Collect” must include the following:
a. The applicant shall file a detailed operation plan with their license application or “change of premises” application that clearly details how their “Click and Collect” operation will function.
The operation plan shall include the applicant’s protocol for assuring that underage persons and intoxicated persons do not pick up alcohol via the “Click and Collect” program.
b. Failure of an applicant to provide a detailed operation plan with their license application or “change of premises” application shall result in the clerk’s office not forwarding the application to the licensing committee for consideration.
(2) No establishment holding an alcohol beverage license or licensee shall allow online purchase and pickup of alcohol beverages unless the sale is consummated on the licensed premises.
a. Payment for the purchase must be completed on premises and may not be completed until the purchaser is at the licensed premises and has presented valid photo identification that has been verified by a licensed operator employed by the premises.
b. The licensed operator must verify that the person placing the “Click and Collect” order is the same person picking up the order.
c. The sale and delivery of “Click and Collect” purchases shall be made only by a licensed operator.
d. No alcohol sales are permitted if the purchaser fails to present valid photo identification.
e. The “Click and Collect” system must allow the purchase of alcohol to be denied without affecting the remainder of the purchase.
(3) Each “Click and Collect” transaction must capture and retain a live video recording of the entire transaction and the vehicle into which the order is being loaded for 30 days. Upon request by law enforcement, the licensee shall provide law enforcement with copies of any such video. All parking lot signage shall notify patrons that all “Click and Collect” transactions are monitored by security footage and staff.
(4) Each “Click and Collect” transaction must record and retain the following information for 30 days:
a. The name of the purchaser.
b. The type of identification card presented and the number and expiration date of that identification card.
c. The purchaser’s date of birth.
d. The license plate of the vehicle into which the order is being loaded.
(5) Pick-up of “Click and Collect” orders shall be between the hours of 8:00 a.m. and 8:00 p.m.
(6) There shall be a minimum four-hour waiting period between order time and pickup time.
(7) Orders placed after 2:00 p.m. cannot be picked up until the following day.
(8) If the “Click and Collect” purchaser is not the driver of the vehicle into which the order is being loaded, the licensed operator must verify that the driver is 21 years of age or older.
(9) The licensed operator shall report to his or her manager any purchaser who shows signs of alcohol consumption, and in conjunction with the manager, shall assess sobriety for purposes of approving or denying the sale. The sale shall be denied if the purchaser appears to be intoxicated.
(10) The pickup area for “Click and Collect” purchases shall be clearly defined with visible markings, signs, and/or barriers. Such area shall be well lit and within view of other employees in the licensed structure.
(11) No events other than the delivery of “Click and Collect” orders shall be allowed on the expanded premises.
(12) During the time the licensed operator delivers alcohol beverages in the pick-up area, at least one other on duty employee must remain inside the licensed structure in visual observation of the transaction and register.
(b) Penalty. Any licensee or person who violates any provision of this section shall be subject to a forfeiture of not less than $250.00, nor more than $1,000, plus court costs and fees. Licensees are also subject to demerit point assessment for violations of this subsection. [Ord. dated 6/7/23].
5.25.060 Application for license.
(a) Contents. Application for a license to sell or deal in intoxicating liquor or fermented malt beverages shall be made in writing on the form prescribed by the Wisconsin Department of Revenue, and shall be filed with the village clerk not less than 15 days prior to the granting of such license. The premises shall be physically described to include every room and storage space to be covered by the license, including all rooms not separated by a solid wall or joined by connecting entrances.
(b) Corporations. Such application shall be signed by the applicant if an individual, by the president and secretary, if a corporation.
(c) Publication. The application shall be published at least one time in the official village newspaper, and the costs of publication shall be paid by the applicant.
(d) Amending Application. Whenever anything occurs to change any fact set out in the application of any licensee, such licensee shall file with the issuing authority a notice in writing of such change within 10 days after the occurrence thereof.
(e) List of Licensees. By July 15th of each year, the clerk shall forward to the state Department of Revenue a list containing the name, address and trade name of each person holding a license issued under this section, except a picnic, manager’s or operator’s license. [Ord. dated 6/7/23].
5.25.070 Qualifications of applicants and premises.
(a) Residence Requirements. A retail Class “A” or retail Class “B” fermented malt beverage or intoxicating liquor license shall be granted only to American citizens or persons with permanent resident status (green card) who have been residents of the state continuously for at least 90 days prior to the date of the application.
(b) Applicant to Have Malt Beverage License. No retail Class “B” intoxicating liquor license shall be issued to any person who does not have or to whom is not issued a Class “B” retailer’s license to sell fermented malt beverages.
(c) Right to Premises. No applicant will be considered unless he has the right to possession of the premises described in the application for the license period, by lease or by deed.
(d) Age of Applicant. No Class “A” or “B” licenses shall be granted to any person under the Wisconsin legal drinking age.
(e) Corporate Restrictions. No license shall be granted to any corporation which does not comply with the provisions of Section 125.04(6), Wis. Stats.
(f) Separate Licenses. A separate license shall be required for each business premises where intoxicating liquor or fermented malt beverages are kept, sold or offered for sale.
(g) License Quotas. License quotas for the village shall be as provided in Chapter 125, Wis. Stats.
(h) Licensed Premises. Licenses issued by the village shall be for the structure itself and shall not confer any license or right to property outside of the licensed structure, unless specifically provided for in the license or otherwise authorized by the village board. All sales of intoxicating liquors and fermented malt beverages within the village shall be limited to and shall be made upon the premises described within the license granted by the village board. Specifically prohibited by this section is the sale and delivery of alcohol beverages by food delivery services.
(i) Delinquent Taxes, Assessments, Etc.
(1) Premises. No initial or renewal alcohol beverage licenses shall be granted for any premises for which village taxes, assessments, utility bills, garbage collection fees, sewer and water bills, or other assessments or other claims to the village are delinquent and unpaid.
(2) Persons. No initial or renewal alcohol license shall be granted to any person:
a. Delinquent in payment of any taxes, utility bills, garbage collection fees, sewer and water bills, assessments or other claims owed to the village.
b. Delinquent in payment of a forfeiture resulting from a violation of any ordinance of the village.
(j) Sales Tax Qualification. All applicants for retail licenses shall provide proof, as required by Section 77.61(11), Wis. Stats., that they are in good standing for sales tax purposes (i.e., hold a seller’s permit) before they may be issued a license.
(k) Connecting Premises. Except in the case of hotels, no person may hold both a “Class A” license and either a “Class B” license or permit, a Class “B” license or permit, or a “Class C” license for the same premises or for connecting premises. Except for hotels, if either type of license or permit is issued for the same or connecting premises already covered by the other type of license or permit, the license or permit last issued is void. If both licenses or permits are issued simultaneously, both are void.
(l) Limitations on Other Business: Class “B” Premises. No other business to be conducted on premises with Class “B,” “Class B” or “Class C” license; exceptions.
No Class “B,” “Class B” or “Class C” license or permit may be granted for any premises where any other business is conducted in connection with the premises, except that this restriction does not apply if the premises for which the Class “B,” “Class B” or “Class C” license or permit is issued is connected to premises where other business is conducted by a secondary doorway that serves as a safety exit and is not the primary entrance to the Class “B,” “Class B” or “Class C” premises. No other business may be conducted on premises operating under a Class “B,” “Class B” or “Class C” license or permit. These restrictions do not apply to any of the following:
(1) Hotels.
(2) Restaurants, regardless of whether part of or located in a mercantile establishment.
(3) Combination grocery stores and taverns.
(4) Combination sporting goods stores and taverns.
(5) Combination novelty stores and taverns.
(6) Bowling alleys.
(7) Recreation premises.
(8) Clubs, societies or lodges that have been in existence for six months or more prior to the date of filing application for the Class “B” license or permit.
(9) Movie theater.
(10) Painting studio.
(11) Temporary Class “B” licenses issued for a “beer walk.” [Ord. dated 6/7/23].
5.25.080 Investigation.
The village clerk shall notify the police and building inspector of each new application and these officials shall inspect or cause to be inspected each application and the premises, together with such other investigation as shall be necessary to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances and laws applicable thereto, including those governing sanitation in restaurants, and whether the applicant is a proper recipient of a license. These officials shall furnish to the village board in writing the information derived from such investigation, accompanied by a recommendation as to whether a license should be granted or refused. No license shall be renewed without a reinspection of the premises and report as originally required. [Ord. dated 6/7/23].
5.25.090 Approval of application.
(a) In determining the suitability of an applicant, consideration shall be given to the moral character and financial responsibility of the applicant, the appropriateness of the location and premises proposed, and generally the applicant’s fitness for the trust to be reposed, as established in Section 125.04, Wis. Stats.
(b) No license shall be granted for operation on any premises or with any equipment which taxes or assessments or other financial claims of the village are delinquent and unpaid.
(c) No license shall be issued unless the premises conform to the sanitary, safety, and health requirements of the State Building Code, and the regulations of the State Board of Health applicable to restaurants. The premises must be properly lighted and ventilated, must be equipped with separate sanitary toilet and lavatory facilities equipped with running water for each sex, and must conform to all ordinances of the village. [Ord. dated 6/7/23].
5.25.100 Granting of license.
(a) Opportunity shall be given by the governing body to any person to be heard for or against the granting of any license, but only regarding the applicant’s compliance with licensing criteria. Upon the approval of the applicant by the village board, the village clerk shall issue to the applicant a license, upon payment by the applicant of the license fee to the village. The full license fee shall be charged for the whole or fraction of any year.
(b) If the village board or other authorized person or entity approves the issuance of a license or permit under this chapter and the required fee is not paid within 30 days after the date of approval, such failure to pay shall be grounds for denial, suspension, revocation, or nonrenewal of the approval of the license or permit in accordance with the provisions of this chapter and the laws of state of Wisconsin. [Ord. dated 6/7/23].
5.25.110 Transfer of license.
(a) In accordance with the provisions of Section 125.04(12), Wis. Stats., a license shall be transferable from one premises to another if such transfer is first approved by the village board. An application for transfer shall be made on a form furnished by the village clerk. Proceedings for such transfer shall be had in the same form and manner as the original application. The fee for such transfer is $50.00. Whenever a license is transferred the village clerk shall forthwith notify the Wisconsin Department of Revenue of such transfer.
(b) Whenever the agent of a corporate holder of a license, for any reason, is replaced, the licensee shall give the village clerk written notice of said replacement, the reasons therefor and the new appointment. Until the next regular meeting or special meeting of the village board, the successor agent shall have the authority to perform the functions and be charged with the duties of the original agent. However, said license shall cease to be in effect upon receipt by the village clerk of notice of disapproval of the successor agent by the Wisconsin Department of Revenue or other peace officer of the municipality in which the license was issued. The corporation’s license shall not be in force after receipt of such notice or after a regular or special meeting of the village board until the successor agent or another qualified agent is appointed and approved by the village and the Wisconsin Department of Revenue. [Ord. dated 6/7/23].
5.25.120 Numbering of license.
All licenses shall be numbered in the order in which they are issued and shall state clearly the specific premises for which granted, the date of issuance, the fee paid, and the name of the licensee. The village clerk shall affix to the license his affidavit as provided by Section 125.04(4), Wis. Stats. [Ord. dated 6/7/23].
5.25.130 Posting licenses – Defacement.
(a) Every person licensed in accordance with the provisions of this chapter shall immediately post such license and keep the same posted while in force in a conspicuous place in the room or place where said beverages are drawn or removed for service or sale.
(b) It shall be unlawful for any person to post such license, or to be permitted to post it upon premises other than those mentioned in the application or knowingly to deface or destroy such license. [Ord. dated 6/7/23].
5.25.140 Conditions of license.
All retail Class “A” and “B” licenses granted hereunder shall be granted subject to the following conditions, and all other conditions of this section, and subject to all other ordinances and regulations of the village applicable thereto:
(a) Consent to Entry. Every applicant procuring a license thereby consents to the entry of police or other duly authorized representatives of the village at all reasonable hours for the limited purpose of inspection and enforcement as may be necessary to enforce compliance with the provisions of this code.
(b) Employment of Minors. No retail Class “B” licensee shall employ any person not permitted by state law, but this shall not apply to hotels and restaurants. Family members may work on the licensed premises but are not permitted to sell or dispense alcoholic beverages.
(c) Disorderly Conduct Prohibited. Each licensed premises shall at all times be conducted in an orderly manner, and no disorderly, riotous or indecent conduct shall be allowed at any time on any licensed premises. Owners and employees of licensed premises shall promptly notify law enforcement officials of disorderly conduct or illegal activities occurring on the licensed premises.
(d) Licensed Operator on Premises. There shall be upon premises operated under a Class “B” license, at all times, the licensee or some person who shall have an operator’s license and who shall be responsible for the acts of all persons serving as waiters, or in any other manner, any fermented malt beverages to customers. No person other than the licensee shall serve fermented malt beverages in any place operated under a Class “B” license unless he possesses an operator’s license, who is at the time of such service upon said premises.
(e) Health and Sanitation Regulations. The rules and regulations of the State Board of Health governing sanitation in restaurants shall apply to all Class “B” liquor licenses issued under this chapter. No Class “B” license shall be issued unless the premises to be licensed conform to such rules and regulations.
(f) Restrictions Near Schools and Churches. No retail Class “A” or 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 subsection shall not apply to premises licensed as such on June 30, 1947, nor shall it apply to any premises licensed as such prior to the occupation of real property within 300 feet thereof by any school building, hospital building or church building.
(g) Consumption on Premises. All purchase of intoxicating liquor or fermented malt beverages by the glass or in open containers shall be consumed on the licensed premises where served and shall not be removed therefrom to any thoroughfare, street, alley or sidewalk unless authorized by the village board.
(h) Gambling. No gambling or game of chance of any sort shall be permitted in any form upon the licensed premises.
(i) Clear View of Premises Required. All windows in the front of any licensed premises shall be of clear glass, and the premises shall be so arranged as to furnish a clear view of the entire premises from the sidewalk or parking lot. There shall be no partition, box, stall, screen, curtain or other device which shall obstruct the view of said room from the general observation of persons; provided, partitions, subdivisions or panels not higher than 60 inches from the floor shall not be construed as in conflict with the foregoing; and provided, retail Class “B” licenses shall entitle the holder thereof to serve such beverages in a separate room on the licensed premises at banquets or dinners.
(j) Law Officer Closing. A law enforcement officer may order an establishment licensed under this chapter temporarily closed because of disorderly or unruly conduct on the premises.
Annotation: See Colonnade Catering Corp. v. United States, 397 U.S. 72, 90 S. Ct. 774 (1970) and State v. Erickson, 101 Wis. 2d 224, warrantless searches of licensed premises.
(k) Commencement of Operations. Within 160 days after the issuance 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 failure to do business within such time, the 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 160-day period.
(l) Cessation of Operations. If any licensee shall suspend or cease doing business for 160 consecutive days or more, his Class “B” intoxicating liquor license or his Class “B” fermented malt beverage 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 160-day period. [Ord. dated 6/7/23].
5.25.150 Closing hours.
Closing hours for premises licensed under this chapter shall be prescribed by state law. [Ord. dated 6/7/23].
5.25.160 Restrictions on special Class “B” fermented malt beverage picnic or special event license. Revised 10/24
It shall be unlawful for any person or organization on a temporary basis to sell or offer to sell any alcohol beverage upon any village-owned property or privately owned property within the village except through the issuance of a temporary Class “B” permit issued by the village board in accordance with the Wisconsin Statutes and as set forth in this section. A temporary Class “B” permit authorizing the sale and consumption of beer on village-owned property or privately owned property may be authorized by the village board provided the following requirements are met:
(a) Compliance With Eligibility Standards. The organization shall meet the eligibility requirements of a bona fide club, association, lodge or society as set forth in Section 125.26(6), Wis. Stats., and shall fully comply with the requirements of this section and AMC 9.20.010.
(b) Posting of Signs and Licenses. All organizations issued a liquor license shall post in a conspicuous location at the main point of sale and at all remote points of sale a sufficient number of signs stating that no fermented malt beverage shall be served to any underage person without proper age identification.
(c) Fencing. If necessary due to the physical characteristics of the site, the village board may require that organizations install a snow type fence around the main point of sale to control ingress and egress and shall continually station a licensed operator or security guard at the entrance for the purpose of checking age identification. Where possible, there shall be only one point of ingress and egress. When required, the fence shall be a minimum of four feet in height.
(1) Exemptions. The village board may exempt an applicant from requirement of fencing upon a finding that such exemption is not contrary to the safety and well-being of the public. When making such a finding, the board shall review a site plan of the area in which the fermented beverage and/or wine will be sold or distributed, the hours of operation, the ability to maintain a secure perimeter around the premises, the method by which underage persons will be identified, the number of points of sale, and the provision of security. The board may require additional security at the applicant’s costs and add additional conditions to the license (i.e., wristbanding, time limits, etc.) to provide for the safety and well-being of the public.
(d) Underage Persons Prohibited. No underage persons as defined by the Wisconsin Statutes shall be allowed to assist in the sale of fermented malt beverage at any point of sale. No underage person shall be inside the fenced area at any point of sale unless accompanied by his or her parent, guardian or spouse who has attained the legal drinking age. This subsection shall not apply to a person who has an operator’s license or who is at least 18 years of age and is under supervision as provided in Sections 125.32(2) and 125.68(2), Wis. Stats.
(e) Licensed Operator’s Requirement. A licensed operator shall be stationed at all points of sales at all times.
(f) Intoxicating liquor, wine or fermented malt beverages shall not be sold or served in glass containers.
(g) Additional Requirements. In addition, the requesting organization shall comply with the following:
(1) When the event sponsored by the requesting organization is to take place on village park property, the organization shall work closely with village officials in locating and setting up the snow fence area. Village officials shall work with the requesting organization in identifying the size of the fenced-in area and the exact location. Such information shall be made part of the temporary Class “B” permit application.
(2) When the event sponsored by the requesting organization is to take place on village-owned property other than park property and/or privately owned property, the organization shall work closely with the police in locating and setting up the snow fence area. The police shall work closely with the requesting organization in identifying the size of the fenced-in area and the exact location. Such information shall be made part of the temporary Class “B” permit application. For indoor events, the structure used must have suitable exits and open spaces to accommodate anticipated attendance. It shall contain adequate sanitary facilities to accommodate the size of the group.
(h) Insurance. The applicant for a special Class “B” fermented malt beverage license may be required to indemnify, defend, and hold the village and its employees and agents harmless against all claims, liability, loss, damage or expense incurred by the village on account of any injury to or death of any person or any damage to property caused by or resulting from the activities for which the permit is granted. As evidence of the applicant’s ability to perform the conditions of the permit, the applicant may be required to furnish a certificate of comprehensive general liability insurance with the village, which lists the village as a third-party insured. The applicant may be required to furnish a performance bond prior to being granted the permit.
(i) Age Verification. Persons of legal alcohol consumption age will have their ID verified by authorized event volunteers or authorized private security at the point of entry, then will receive a wristband/stamp if they are over 21. For security reasons, the wristbands/stamps shall have the year printed on them and will be different colors every year. [Ord. dated 10/1/24 #9 § 1; Ord. dated 6/7/23].
Cross-reference: AMC 9.20.010.
5.25.170 Outdoor premises beer garden and patio permits. Revised 10/24
(a) Scope and General Requirements. No holder of a “Class B,” Class “B,” and/or “Class C” liquor license shall permit the possession, sale or consumption of alcohol beverages on any outdoor area, as hereinafter defined, except pursuant to a permit granted by the village board, subject to the conditions of this section and in accordance with Chapter 125, Wis. Stats.
(1) Outdoor premises beer garden or patio permits are a privilege in which no rights vest and, therefore, may be revoked by the village board for any reason at any time, or shall otherwise expire on June 30th of each year. Permits may be applied for or renewed at the same time as the liquor license; or may be applied for at any time during the licensing period.
(2) No person shall consume, or have in his/her possession, alcohol beverages on any unenclosed part of a licensed premises which is not described in a valid beer garden or patio permit.
(3) Issuance of a beer garden or patio permit under this section shall result in the outdoor premises service area becoming an addendum to the description of the licensed premises for that license period, with said outdoor service area being subject to all applicable state and village laws, rules, regulations, and lawful orders governing “Class B,” Class “B” and/or “Class C” premises.
(b) Definitions. As used in this section:
(1) “Licensed premises” shall mean the enclosed building premises in addition to any permitted outdoor premises.
(2) “Outdoor area” shall mean an area, whether or not enclosed by a roof, which is open to the elements, and which is constructed for the use of outdoor service.
(3) “Beer garden” shall mean an outdoor area for the purpose of conducting outdoor sales and consumption of alcohol beverages (including liquor, wine and fermented malt beverages) with or without the sale of food.
(4) “Beer patio” shall mean an outdoor area for consumption only of alcohol beverages (including liquor, wine and fermented malt beverages) purchased from the indoor premises or served by a licensed operator with or without the sale of food. In a beer patio, alcohol may only be served to, and consumed by, patrons using the patio for food and drink. If the beer patio is not directly accessible from the indoor licensed premises, then alcohol shall be served to patrons only by licensed operators.
(c) Limitations on Issuance of Beer Garden or Beer Patio Permits. The following restrictions apply to both beer garden and beer patio permits unless otherwise expressly permitted by the village board:
(1) Use of all beer gardens and beer patios shall completely cease no later than 10:00 p.m. for all purposes, except cleaning by employees of the licensee.
(2) Beer garden and beer patio permits shall only be issued for areas with capacity for no greater than 40 persons. Greater than 40 persons shall apply for a special event permit.
(3) Amplified sound or music and/or live music is permitted as long as the sound does not violate AMC 9.15.080. Amplified sound or music and/or live music is permitted from the hours of 12:00 p.m. to 10:00 p.m. on Friday and Saturday and 12:00 p.m. to 8:00 p.m. Sunday through Thursday. A loudspeaker/amplifying device permit may be applied for if there is a special event.
(4) No separate bar may be located within a beer patio. All alcohol consumed thereon shall be purchased from the indoor premises or served by a licensed operator.
(5) A separate bar may be located in a beer garden for sale of alcohol to the same extent allowed within the indoor premises. If a separate bar is located thereon, a licensed operator shall be present in the beer garden at all times alcohol beverages are sold therein.
(6) The village board may require that the beer garden or beer patio be enclosed partially or completely by a fence or wall, as appropriate in the specific circumstances of any application.
(7) The village board may require installation and maintenance of digital video surveillance covering the entire area of the beer garden or beer patio. Digital recordings shall be kept for a minimum of 30 days and made available to the police upon request.
(8) All outdoor premises shall be sufficiently lighted to ensure the safety of patrons at all times when any patrons shall be therein, and at all times when open to the public. Lighting of the area must be shielded and not be of intensity or brilliance to create glare which is distracting to adjoining property owners or can become a hazard or danger to vehicular traffic.
(9) There shall be only one beer garden or beer patio permit issued for an establishment.
(d) Application for Permit.
(1) Application for permit under this section may be made at the time of application for fermented malt beverage or intoxicating liquor license, or may be made at any time during the license period as established by Chapter 125, Wis. Stats., as July 1st to June 30th. Applications shall become part of the liquor license file for the licensed establishment and shall be maintained in the office of the village clerk.
(2) The application form shall be fully completed and submitted to the village clerk at least 15 days prior to action by the village board.
(3) Applications for beer gardens or beer patios shall accurately describe the area intended for use and shall describe with specificity the nature of visual and video surveillance, fencing and other measures intended to provide control over the operation of said space.
(e) Permit Fees. Any person applying for a beer garden or patio permit shall pay a fee at the time of application in an amount adopted by the village board and listed in the fee schedule. If the permit is applied for in conjunction with the original or renewal application for fermented malt beverage or intoxicating liquor license, there is no fee in addition to the license fee. If applied for separately, a fee, as listed in the fee schedule, will be imposed to cover additional administrative costs, background checks and publication fees.
(f) Premises Inspections. All beer gardens and beer patios shall be subject to inspection pursuant Chapter 125, Wis. Stats., to the same degree as the indoor premises. [Ord. dated 10/1/24 #9 § 1; Ord. dated 6/7/23].
5.25.180 Revocation and suspension of licenses – Nonrenewal. Revised 10/24
(a) Procedure. Whenever the holder of any license under this chapter violates any portion of this chapter or Chapter 9.20 AMC proceedings for the revocation of such license may be instituted in the manner and under the procedure established by this section.
(b) Abandonment and Nonuse. If a license or permit issued under this chapter is not used within 60 days after its issuance, or its usage is discontinued for a period of 60 days or more, such nonuse shall be grounds for denial, suspension, revocation, or nonrenewal of the license or permit in accordance with the provisions of this chapter and the laws of the state of Wisconsin.
(c) License Revocation or Suspension.
(1) Notice and Hearing. Whenever a person holding a license to sell alcoholic beverages has failed to maintain the premises according to standards prescribed for sanitation, or in whose premises persons are permitted to loiter for purposes of prostitution, or that the licensee has not observed and obeyed any lawful order of the village board or police officers of the village, has violated village ordinances, or for any other good reason, the village board shall issue a summons, to be signed by the village clerk commanding the licensee complained of to appear before the alcohol and sexually oriented business licensing committee designated by the village board on a day and time and at a place named in the summons to show cause why the license should not be revoked or suspended. Such summons shall be served not less than three and not more than 10 days before the time at which the licensee is commanded to appear, and may be served personally upon the licensee or the agent of the licensee or upon the person in charge of the licensed premises. The complaint shall be served with the summons and shall set forth the offense allegedly committed, the date, and place of said offense, and the facts constituting the alleged offense. If such licensee shall not appear as required by the summons, the complaint shall be taken as true, and if the committee deems its allegations sufficient, the committee shall recommend revocation or suspension of the license as provided herein.
(2) Procedure on Hearing – Effect of Revocation.
a. Alcohol and sexually oriented business licensing committee shall serve as a hearing agency for the village board.
b. The chairman of the committee, or the chair’s designee, shall conduct the hearing, administer oaths to all witnesses and may issue subpoenas. So far as practicable, the rules of evidence provided in Section 227.46, Wis. Stats., shall be followed. The complainant shall have the burden of proving the charges to a preponderance of the evidence. The licensee and the complainant may be represented by counsel, may call and examine witnesses and cross-examine witnesses of the other party. All proceedings and testimony shall be recorded on tape. If either party requests a stenographic recording and transcription, the village shall make the necessary arrangements, but the expenses shall be borne by the requesting party. The village clerk shall serve as secretary to the committee and shall mark and receive all exhibits admitted into the record.
c. Within 10 days of the completion of the hearing and filing of briefs, if any, the committee, upon the testimony and evidence presented at the hearing, shall determine by simple majority vote of those present whether the charges are true and if so, submit a report to the village board including its findings of fact, conclusions of law and a recommendation as to what action, if any, the village board should take with respect to the license. If the recommendation is to suspend the license, it shall be for a period of not less than 10 days or more than 90 days; in like manner, the recommendation may be to revoke the license. If the committee determines that the charges are not substantiated, it shall recommend to the village board that the complaint be dismissed without cost to either party. The committee’s recommendation shall be promptly filed with the clerk. The clerk shall prepare five copies of the transcript of the proceedings, all exhibits and the recommendation of the committee.
d. At the regular meeting of the village board after the filing of the committee’s recommendation, the village board shall act on the recommendation and may reverse or modify any portion thereof by a simple majority vote. The recommendation of the committee shall become the decision of the village board unless reversed or modified. No further testimony or evidence shall be allowed before the village board. Only those members of the village board who have certified to the clerk in writing that they have read the transcript, exhibits and recommendation made shall be permitted to vote on the matter. The clerk shall make the said certifications a part of the record. The decision of the village board shall be a final determination for purposes of judicial review.
e. If the complaint is found to be true, the licensee shall pay to the village the actual cost of the proceedings. If the complaint is found by the village board to be malicious and without probable cause, the complainant shall pay the cost of the proceedings in the same amount.
f. When a license is revoked it shall be so entered of record by the clerk, and no other license shall be granted to such licensee or for such premises for a period of 12 months from the date of the revocation, nor shall any part of the money paid as application fee for any license so revoked be refunded.
(d) Nonrenewal of License. The village attorney may, after investigation, commence an action before the alcohol and sexually oriented business licensing committee to hear evidence and make a recommendation to the village board that a license issued pursuant to this chapter not be renewed. The chairman of the committee shall, in writing, notify the licensee of the consideration of nonrenewal. Such notification shall be in the form of and shall serve as the summons and complaint and shall include a statement of the reasons for the consideration of the nonrenewal of the license in the same specificity required for a summons and complaint for revocation or suspension. If the license is recommended for nonrenewal, costs may be assessed against the licensee and any renewal application fee shall be forfeited. In all other respects, the provisions of subsection (c) of this section shall apply. The commencement of this action shall stay action by the village board on the licensee’s application until the committee makes its recommendation.
(e) Other Provisions. Any license issued pursuant to this chapter shall be subject to such further regulations and restrictions as may be imposed by the village board by amendment to this section or by the enactment of new ordinances. If any licensee shall fail or neglect to meet the requirements imposed by such new restrictions and regulations, his license may be revoked in accordance with this section. In case of revocation of any license or any violation of any provision of this chapter in accordance with this section or by the court or for any reasonable cause except the imposition of new restrictions, no refund shall be made of any part of the license fee.
(f) Point Values for Alcohol Beverages Violations, Revocations and Suspensions.
(1) Purpose and Definitions. The purpose of this subsection is to administratively interpret those portions of this chapter and Chapter 9.20 AMC relating to establishing an alcohol beverage demerit point system to assist in determining which license holders should be subject to suspension or revocation procedures.
(2) Point Schedule. The scale of demerit points is listed according to the type of alcohol beverage violation. This demerit point system is used to identify habitually troublesome license holders who have repeatedly violated state statutes and village ordinances, for the purpose of recommending suspension or revocation of their alcohol beverage licenses.
|
Type of Violation |
Point Value |
|---|---|
|
1. Sale of Alcohol Beverages Without License or Permit |
100 |
|
2. Sale of Alcohol Beverages to Underaged Person |
50 |
|
3. Sale of Alcohol Beverages to Intoxicated Person |
50 |
|
4. Underaged Person on Premises |
50 |
|
5. Intoxicated Bartender |
50 |
|
6. After Hours Consumption |
50 |
|
7. Refusal to Allow Police to Search Premises or Refusal to Cooperate with Lawful Police Investigation |
50 |
|
8. Licensee, Agent or Operator Not on Premises at All Times |
25 |
|
9. On Premises After Closing Hours |
25 |
|
10. No Carry-Out, Restricted to Appropriate Hours |
25 |
|
11. Permit Person to Leave Licensed Premises with Open Alcohol Beverage |
25 |
|
12. All Other Violations of This Chapter, Including Disorderly Conduct Calls Within the Licensed Premises, Failure to Notify Police of Illegal Activities on Premises, Delivery of Controlled Substances on Licensed Premises |
25 |
(3) Violations, How Calculated. In determining the accumulated demerit points against a license within 12 months, the village shall use the date each violation was committed as the basis for the determination.
(4) Suspension or Revocation of License.
a. The alcohol and sexually oriented business licensing committee of the village board shall call before it for purposes of a revocation or suspension hearing all licensees who have accumulated 100 points in a 12-month period as a result of court-imposed convictions or who have had referred to it reports from the village attorney which, if believed, would result in 100 demerit points in 12 months.
b. If the demerit point accumulation, calculated from the date of violation, exceeds 100 points in a 12-month period, 150 points in a 24-month period or 200 points in a 36-month period, the suspension shall be for not less than 10 days nor more than 90. If the license(s) is revoked, no other license shall be granted to such licensee or for such premises for a period of 12 months from the date of revocation.
c. The procedure to be used for suspension or revocation shall be that found in subsection (c) of this section. [Ord. dated 10/1/24 #9 § 1; Ord. dated 6/7/23].