Chapter 6

* Cross References: Businesses, ch. 22; law enforcement, ch. 46; offenses and miscellaneous provisions, ch. 54; intoxicating beverages not to be sold or consumed on streets, § 54-3; parks and recreation, ch. 58; alcohol beverages prohibited in parks, § 58-33.

State Law References: Alcohol beverages generally, W.S.A., ch. 125; taxes, W.S.A., ch. 139.

The provisions of W.S.A., ch. 125, defining and regulating the sale, procurement, dispensing and transfer of beverages, exclusive of the provisions relating to the penalties to be imposed or the punishment for violation of such statutes, are adopted and made a part of this section by reference. A violation of any of such provisions shall constitute a violation of this chapter.

State Law References: Authority to adopt by reference, W.S.A., § 225.10(1).

A violation of this chapter by an authorized agent or employee of a licensee shall constitute a violation by the licensee.

No person, except as provided by W.S.A., § 125.06, shall, within the village, sell, manufacture, rectify, brew or engage in any other activity for which this chapter or W.S.A., ch. 125, requires a license, permit, or other authorization without holding the appropriate license, permit or other authorization as provided in this chapter or in W.S.A., § 125.04(1).

An underage person may possess alcohol beverages in the course of employment during his working hours if employed by any of the following:

(5) A retail licensee or permittee under the conditions specified in W.S.A., §§ 125.32(2) or 125.68(2) or for delivery of unopened containers to the home or vehicle of a customer.

No club shall sell intoxicating liquors or fermented malt beverages except to members and guests invited by members.

(a) No premises for which an alcohol beverage license has been issued shall remain open for the sale of alcohol beverages except:

	Off-Premises (Carryouts)	On-Premises Consumption
Class A beer	9:00 p.m. to 8:00 a.m.	Not permitted
Class B beer	midnight to 6:00 a.m.	Mon.--Fri. 2:00 a.m.--6:00 a.m. Sat.--Sun. 2:30 a.m.--6:00 a.m.
Class A liquor	9:00 p.m. to 8:00 a.m.	Not permitted
Class B liquor^* (If permitted by ordinance)	midnight to 6:00 a.m.	Mon.--Fri. 2:00 a.m.--6:00 a.m. Sat.--Sun. 2:30 a.m.--6:00 a.m.

^*These closing times are not applicable to a class B license issued to a winery. W.S.A., § 125.68(4)(c). Closing hours for wineries are 9:00 p.m. to 8:00 a.m. W.S.A., § 125.68(4)(c)3m.

[NOTE: On January 1, class B beer and class B liquor licensed establishments are not required to close, but the midnight to 6:00 a.m. prohibition on the sale of alcohol beverages for off-premises consumption remains in effect. W.S.A., § 125.68(4)(c)1 and 3]

(b) 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.

(a) Form. Application for a license to sell or deal in intoxicating liquor or fermented malt beverages shall be made in writing on forms prescribed by the department of revenue, or village board for operators' licenses and filed with the village clerk. The premises shall be physically described, including every room and storage space to be covered by the license and including all rooms joined by connecting entrances or not separated by a solid wall.

(b) Application to be notarized. Applications shall be signed and sworn to by the applicant as provided by W.S.A., § 125.04(3)(e).

(c) Investigation. At the time the application is filed, an investigation fee specified in the most current village board resolution shall be paid to the village treasurer to cover the cost of investigating the facts stated in the application. The village clerk or deputy clerk shall institute an investigation to determine if the applicant meets the qualifications as set forth in W.S.A., § 125.04 et seq.

(Code 1966, § 14.01(4); Ord. No. 624, § I, 5-19-98; Ord. No. 774, § I, 10-18-05)

(a) Statutory requirements. Licenses shall be issued only to persons eligible therefor under W.S.A., § 125.04 et seq.

(b) Location. No 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 except that this prohibition may be waived by a majority vote of the village board. 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 the premises covered by the license. This prohibition does not apply to any of the following:

(2) Premises covered by a license or permit prior to the occupation of real property within 300 feet thereof by any school, hospital or church building.

(3) A restaurant located within 300 feet of a church or school. This subsection applies only to restaurants in which the sale of alcohol beverages accounts for less than 50 percent of their gross receipts.

(c) Separate premises for class A intoxicating liquor. No class A intoxicating liquor license may be granted for any premises where another business is conducted in connection with the premises. This restriction does not apply if intoxicating liquor is displayed and sold in a room separate from the remainder of the premises where the other business is conducted. All checkouts and purchases shall be made in the room in which the intoxicating liquor is displayed.

(1) Businesses that were licensed on January 1, 2006, have until January 1, 2011, to be in compliance with the restrictions and requirements of this subsection.

(2) The restrictions and requirements of this subsection do not apply to the display and sale of wine.

(a) Natural persons. Licenses and permits related to alcohol beverages, issued to natural persons under this chapter, may be issued only to persons who fulfill all of the following requirements:

(1) Do not have an arrest or conviction record, subject to W.S.A., §§ 111.321, 111.322 and 111.335.

(2) Have been residents of this state continuously for at least 90 days prior to the date of application.

(5) Have successfully completed within the two years prior to the date of application a responsible beverage server training course at any location that is offered by an authorized educational institution.

(b) Criminal offenders. No license or permit related to alcohol beverages may, subject to W.S.A., §§ 111.321, 111.322 and 111.335, be issued under this chapter to any person who has habitually been a law offender or 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 or limited liability company unless that entity meets the qualifications in subsections (a)(1) and (4) and (b) of this section, unless the agent of the entity appointed under section 6-34 and the officers and directors, or members or managers of the entity meet the qualifications of subsections (a)(1) and (3) and (b) and unless the agent of the entity appointed under section 6-34 meets the qualifications under subsections (a)(2) and (a)(5) of this section. The requirement that the entity meet the qualifications in subsections (a)(1) and (b) does not apply if the entity has terminated its relationship with all of the individuals whose actions directly contributed to the conviction.

(d) Operators' and managers' licenses. Subsection (a)(2) of this section does not apply to applicants for operators' licenses issued under W.S.A., § 125.17 or to applicants for managers' licenses issued under W.S.A., § 125.18. Managers' licenses may be issued only to applicants who are residents of this state at the time of issuance.

(e) Applicability. Subsections (a)(4) and (a)(5) of this section do not apply to any of the following:

(3) Applicants for temporary class B licenses under W.S.A., § 125.26(6) who are not required to hold a seller's permit under subch. III of W.S.A., ch. 77.

(4) Applicants for temporary class B licenses under W.S.A., § 125.51(10) who are not required to hold a seller's permit under subch. III of W.S.A., ch. 77.

(a) Agent. No corporation or limited liability company organized under the laws of this state or of any other state or foreign country may be issued any alcohol beverage license or permit unless:

(1) The entity first appoints an agent in the manner prescribed by the authority issuing the license or permit. In addition to the qualifications under section 6-33, the agent must, with respect to character, record and reputation, be satisfactory to the issuing authority.

(2) The entity vests in the agent, by properly authorized and executed written delegation, full authority and control of the premises described in the license or permit of the entity, and of the conduct of all business on the premises relative to alcohol beverages, that the licensee or permittee could have and exercise if it were a natural person.

(b) Successor agent. A corporation or limited liability company may cancel the appointment of an agent and appoint a successor agent to act in the agent's place, for the remainder of the license year or until another agent is appointed, as follows:

(1) The successor agent shall meet the same qualifications required of the first appointed agent.

(2) The entity shall immediately notify the village board, in writing, of the appointment of the successor agent and the reason for the cancellation and new appointment.

(c) Authority of successor. A successor agent shall have all the authority, perform all the functions and be charged with all the duties of the previous agent of the corporation or limited liability company until the next regular or special meeting of the village board if a license is held. However, the license of the corporation or limited liability company shall cease to be in force if, prior to the next regular or special meeting of the village board, the clerk of the village board receives notice of disapproval of the successor agent by a peace officer of the village.

Except as provided under W.S.A., §§ 125.27(2)(a) and 125.51(5)(c)1, wholesalers, manufacturers, rectifiers, brewers and retailers shall have a separate permit or license covering each location or premises, except a licensed public warehouse, from which deliveries and sales of alcohol beverages are made or at which alcohol beverages are stored.

(1) The number of persons and places granted a retail "Class B" intoxicating liquor license under this section is limited as provided in W.S.A., § 125.51(4).

(2) The number of persons and places granted a retail "Class A" intoxicating liquor license under this section shall be five.

(3) The number of persons and places granted a retail Class "B" fermented malt beverage license under this section shall be 13.

(4) The number of persons and places granted a six-month Class "B" fermented malt beverage license under this section shall be two.

(5) The number of persons and places granted a retail Class "A" fermented malt beverage license under this section shall be 12.

(6) The number of persons and places granted a retail Class "C" wine license under this section shall be one.

(1) Approval by village board. Notwithstanding the provisions of this chapter, the village board may, by two-thirds vote of all of the members of the village board, grant a new "Class A" intoxicating liquor, Class "A" fermented malt beverage, reserve "Class B" intoxicating liquor, Class "B" fermented malt beverage, six-month Class "B" fermented malt beverage or a Class "C" wine license in excess of the quota set forth in subsection (a).

(2) Guidelines for exceeding quota. It having been found by the village board in imposing the quotas in this section that the proliferation of taverns and liquor stores can be a detriment to the Village of Mukwonago and the community by reducing property values, deteriorating the quiet enjoyment of neighborhoods and costs considerable tax dollars to police said business, it is determined that quota may be exceeded if the establishment meets the provisions set forth in this chapter and the following criteria be met:

a. The applicant shall submit to the village clerk's office a petition for exceeding quota. The petition shall include the requested license class, a plan of operation and the relevant experience, background and signatures of the individual, partners or directors, officers and agent of a corporation or limited liability company, as well as the signature of the owner or owners of the building or land; and

b. The applicant shall supply proof of ownership or lease or options to purchase or lease of land or a building that is properly zoned for the proposed venture; and

c. The applicant shall show that the proposed establishment will have a greater economic impact upon the community than simply the addition of another tavern, liquor store, convenience store or restaurant; and

d. The applicant shall show that the proposed establishment will benefit the community by substantially improving the tax base (i.e. the establishment will extensively rehabilitate a blighted or deteriorated building, will construct a new building on vacant land, will benefit the community by conferring some other tangible and substantial improvement for the area).

(3) Public hearing. Prior to a vote, the village board shall hold a public hearing, pursuant to section 100-901, upon each petition.

(4) Fee. The applicant shall pay a fee specified in the most current village board resolution to cover the costs associated with the public hearing.

(Code 1966, § 14.01(5)(e); Ord. No. 571, § I, 1-16-96; Ord. No. 746, § I, 10-28-04; Ord. No. 794, § II, 7-18-06)

No license shall be granted for any premises for which taxes, assessments or other claims of the village are delinquent and unpaid, or to any person delinquent in payment of such claims to the village.

No license shall be issued to any person for the purpose of possessing, selling or offering for sale any alcohol beverages in any dwelling house, flat or residential apartment.

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 law restrictions and regulations, his license may be revoked in accordance with this section. In case of revocation of any license or any violations of any provisions 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. If a license issued under this chapter is not used within 120 days after its issuance or its usage is discontinued for a period of 120 days or more, such situation shall be grounds for cancellation of the license in accordance with the provisions of this section.

All retail 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 and, unless sooner revoked, shall expire on June 30 thereafter except as otherwise provided by law.

(a) To person. No license shall be transferable as to licensee except as provided by W.S.A., § 125.04(12)(b).

(b) To place. Licenses issued pursuant to this section may be transferred as provided in W.S.A., § 125.04(12)(a). Application for such transfer shall be made on blanks furnished by the state department of revenue. Proceeding for transfer shall be had in the same manner and form as the original application.

Every license or permit required under this section shall be framed and posted and at all times displayed as provided in W.S.A., § 125.04(10). No person shall post such license or permit or allow any other person to post it upon premises other than those mentioned in the application, or knowingly deface or destroy such license.

No retail class B or class B license shall be issued for any premises which does not conform to the sanitary, safety and health requirements of the state department of industry, labor, and human relations pertaining to buildings and plumbing, to the rules and regulations of the state department of health and social services applicable to restaurants and to all such ordinances and regulations adopted by the village.

(a) Procedure. Whenever the holder of any license under this section violates any portion of this section, proceedings for the revocation or suspension of such license may be instituted in the manner and under the procedure established by W.S.A., § 125.12, and the provisions therein relating to granting a new license shall likewise be applicable.

(b) Effect of revocation. Whenever any license has been revoked, at least six 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 another license shall be granted to the person whose license was revoked.

State Law References: Penalty for violations of alcoholic beverage laws generally, W.S.A., § 125.11.

Before renewal of any license issued under this section is refused, the licensee shall be given written notice of any charges or violations or the reasons proposed for nonrenewal and a copy of any proposed motion for nonrenewal and shall have an opportunity to be heard before the village board.

The following classes and denominations of licenses may be issued by the village clerk under the authority of the village board after payment of the fee specified in the most current village board resolution, which, when so issued, shall permit the holder to sell, deal or traffic in alcohol beverages as provided in W.S.A., §§ 125.17, 125.25, 125.26, 125.28, and 125.51. Except as otherwise provided in this section, the full license fee shall be charged for the whole or fraction of any year. A license may be issued after July 1 in any license year. The license shall expire on the following June 30. The fee for the license shall be prorated according to the number of months or fractions thereof remaining until the following June 30. Licenses valid for six months may be issued at any time. The license may not be renewed during the calendar year in which issued.

(1) Class "A" fermented malt beverage retailer's license. (See W.S.A., § 125.25(4).) For the sale of malt beverages for consumption off-premises.

(2) Class "B" fermented malt beverage retailer's license. (See W.S.A., § 125.26(4).) For the sale of malt beverages for consumption on-premises or off-premises. Two types of such class "B" licenses are as follows:

a. Six-month. A license may be issued at any time for six months in any calendar year, but such license shall not be renewable during the calendar year in which issued. Licenses may be issued to nonprofit organizations that have been in existence for at least one year.

(4) Retail "class A" liquor license. (See W.S.A., § 125.51(2)(d).) For the sale of liquor for consumption off-premises.

(5) Retail "class B" liquor license. Wine may be sold in the original packages or containers in any quantity to be consumed off the premises. (See W.S.A., § 125.51(3).) For the sale of liquor for consumption on-premises or off-premises. Two types of such "class B" licenses are as follows:

b. Reserve "class B" liquor license. The applicant must pay the initial issuance fee at the time of application. such fee shall be specified in the most current village board resolution and shall not be less than $10,000.00.

(8) Operators. (See W.S.A., § 125.17.) The classifications of operators' licenses are as follows:

a. Regular. Operators' licenses may be granted to individuals by the village board for the purposes of complying with W.S.A., §§ 125.32(2) and 125.68(2). Operators' licenses may be issued only upon written application on forms provided by the village clerk. Operators' licenses shall be valid for one year and shall expire on June 30 of each year.

b. Provisional. The village clerk may issue a provisional operator's license to applicants who are enrolled in the responsible beverage server training course and who meet other standards established in this chapter or who are waiting for approval of the application for regular operator's license by the village board. Those applicants must provide proof to the clerk's office that they enrolled in the responsible beverage server training course. The village clerk may also issue a provisional operator's license to applicants awaiting approval of the application for regular operator's license by the village board. The license shall be valid for a period not to exceed 60 days unless sooner revoked by the village board.

c. Temporary. Temporary operators' licenses may be granted to individuals by the village board for the purpose of allowing the individual to dispense and serve fermented malt beverages at a public or social gathering licensed under subsection (2)b. of this section. Such license may be issued only to operators employed by, or donating their services to, nonprofit corporations. No person may hold more than one license of this kind per year. The license is valid for any period from one day to 14 days, and the period for which it is valid shall be stated on the license.

(Code 1966, § 14.01(3); Ord. No. 525, § 1, 5-4-93; Ord. No. 715, § I(1), 5-20-03; Ord. No. 774, § II, 10-18-05)