As used in this chapter, the following terms have the meanings indicated:
BREWERAny person who manufactures fermented malt beverages for sale or transportation.
CLUBAn organization, whether incorporated or not, which is the owner, lessee or occupant of a building or portion thereof used exclusively for club purposes, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent or athletic purpose but not for pecuniary gain and which only sells alcohol beverages incidental to its operation.
FERMENTED MALT BEVERAGESAny beverage made by the alcohol fermentation of an infusion in potable water of barley malt and hops, with or without unmalted grains or decorticated and degerminated grains or sugar containing 1/2 of 1% or more of alcohol by volume.
HOTELAll places where accommodations are offered for pay to transients, in five or more rooms, and all places used in connection therewith provided with a restaurant. See §
254.61(3), Wis. Stats.
All ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing 1/2 of 1% or more of alcohol by volume, which are beverages, but does not include fermented malt beverages.
LICENSEAn authorization to sell alcohol beverages issued by the Village Board or Administrator under this chapter. Licenses issued under this chapter are described as follows:
A. CLASS "A" FERMENTED MALT BEVERAGE LICENSEAuthorizes retail sales of fermented malt beverages in original packages, containers and bottles for consumption off the premises where sold. A license may be issued after July 1; such license shall expire on the following June 30.
CLASS "B" FERMENTED MALT BEVERAGE LICENSEAuthorizes retail sales of fermented malt beverages to be consumed either on the premises where sold or off the premises. A license may be issued after July 1; such license shall expire on the following June 30.
SIX-MONTH FERMENTED MALT BEVERAGE LICENSEA Class "B" license may be issued at any time for six months in any calendar year, for which 1/2 of the annual license fee shall be paid, but such license shall not be renewable during the calendar year in which issued.
TEMPORARY CLASS "B" BEERA fermented malt beverage license issued to bona fide clubs, county or local fair associations, agricultural societies, lodges or societies that have been in existence for not less than six months prior to the date of application, and to posts of veterans' organizations authorizing them to sell fermented malt beverages at a particular picnic or similar gathering, or at a meeting of any such post, or during a fair conducted by such fair association or agricultural society.
TEMPORARY "CLASS B" WINEA license issued to a bona fide club, county or local fair association, agricultural societies, lodges or societies that have been in existence for not less than six months prior to the date of application, and to posts of veterans' organizations authorizing them to sell wine containing not more than 6% alcohol by volume in an original package, container or bottle or by the glass if the wine is dispensed directly from an original package, container or bottle at a particular picnic or similar gathering, or at a meeting of any such post, or during a fair conducted by such fair association or agricultural society.
RETAIL "CLASS B" INTOXICATING LIQUOR LICENSEAuthorizes retail sales of intoxicating liquor by the glass and not in the original package or container for consumption on the premises where sold or for consumption 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. In addition, wine may be sold in the original package or container in any quantity to be consumed off the premises where sold.
[Amended 6-8-2021 by Ord. No. 809]
(1) Those licenses available under the quota system existing before December 1, 1997, that were not granted or issued by the Village as of December 1, 1997. The number of retail reserve "Class B" licenses available to a municipality is determined by a series of calculations described in § 125.51(4)(a)1 and 4, Wis. Stats. The fee for an initial retail reserve "Class B" license, to be paid in addition to the regular Class "B" and "Class B" fee upon approval of a retail reserve "Class B" license, shall be as set by resolution of the Village Board.
In accordance with §
125.51(4)(u)3, Wis. Stats., the Village has designated a premier economic development district pursuant to §
205-50.1 of the Village Code. In addition to the number of licenses determined for the Village's quota under §
125.51(4)(b) to
(d), Wis. Stats., the Village may issue up to two more additional Retail Reserve "Class B" licenses in connection with economic development projects within the premier economic development district. The fee for an initial additional Retail Reserve "Class B" license issued in connection with the premier economic development district, to be paid in addition to the regular Class "B" and "Class B" fee upon approval of an additional Retail Reserve "Class B" license, shall be as set by resolution of the Village Board.
"CLASS C" WINE LICENSEAuthorizes the sale of wine by the glass or in an opened original container for consumption on the premises where sold. Such licenses may only be issued for restaurants if the sale of alcohol beverages accounts for less than 50% of the gross receipts and the premises does not have a barroom.
[Added 4-18-2000 by Ord. No. 549]
MANAGER'S LICENSEA license valid only in the Village, issued at the direction of the Village Board, to a person who has the responsibility or authority for:
(1) Personnel management of all employees, whether or not the person is authorized to sign employment contracts;
The terms of contracts for the purchase or sale of goods or services, whether or not the person is authorized to sign the contracts; or
The daily operations of the Class "B" or "Class B" premises.
OPERATOR'S LICENSEA one-year license valid only in the Village which authorizes a person 18 years of age or older, who is neither the licensee nor the agent of the licensee, to serve or sell alcohol beverages in any place operated under a Class "A," "Class A," Class "B" or "Class B" license or permit without the immediate supervision of the licensee or agent or a person holding an operator's license on the premises at the time. A license may be issued after July 1 and shall expire the following June 30.
PROVISIONAL OPERATOR'S LICENSEAn operator's license issued only to a person who has applied for an operator's license as defined in Subsection
L and who is enrolled in a training course pursuant to §
125.17(6), Wis. Stats. A license expires 60 days after its issuance or when an operator's license under Subsection
L is issued to the applicant, whichever is sooner.
[Amended 8-4-2020 by Ord. No. 802]
MANUFACTURERA person, other than a rectifier, who ferments, manufactures or distills intoxicating liquor.
PEACE OFFICERA sheriff, undersheriff, deputy sheriff, police officer, constable, marshal, deputy marshal or any employee of the Department of Revenue or the Department of Justice authorized to act under Ch.
125, Wis. Stats.
Any permit issued by the Department of Revenue under Ch.
125, Wis. Stats.
A natural person, sole proprietorship, partnership, corporation or association.
PREMISESThe area described in a license or permit.
PRINCIPAL BUSINESSThe primary activity as determined by analyzing the amount of capitol, labor, time, attention and floor space devoted to each business activity and by analyzing the sources of net income and gross income. The name, appearance and advertising of the entity may also be taken into consideration if they are given less weight.
REGULATIONAny rule or ordinance adopted by the Village Board.
RESTAURANTAny building, room or place where meals or lunches are prepared, served or sold to transients or the general public, and all places used in connection therewith. See §
254.61(5), Wis. Stats.
Any person who sells, or offers for sale, any alcohol beverages to any person other than a person holding a permit or license under this chapter.
SELL, SOLD, SALE OR SELLINGAny transfer of alcohol beverages for a consideration or any transfer without consideration if knowingly made for purposes of evading the law relating to the sale of alcohol beverages or any shift, device, scheme or transaction for obtaining alcohol beverages, including the solicitation of orders for or the sale for future delivery of alcohol beverages.
VILLAGEThe Village of Saukville, Wisconsin.
WHOLESALERA person, other than a brewer, manufacturer or rectifier, who sells alcohol beverages to a licensed retailer or to another person who holds a permit or license to sell alcohol beverages at wholesale.
WINEProducts obtained from the normal alcohol fermentation of the juice or must of sound, ripe grapes, other fruits or other agricultural products, imitation wine, compounds sold as wine, vermouth, cider, perry, mead and sake, if such products contain 1/2 of 1% or more of alcohol by volume.
