Chapter 78
INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGES
[HISTORY: Adopted by the Village Board of the Village of Holmen as indicated in article histories. Amendments noted where applicable.]
ARTICLE I
Closing Hours for Retailers
[Adopted 4-9-1964]
§ 78-1. General restrictions.
No premises shall be permitted to remain open for the sale or consumption of liquor:
- If a Retail Class “A” License, between 9:00 p.m. and 6:00 a.m., subject to W.S.A. s. 125.32. [Amended 10-12-2000 by Ord. No. 1.00; 6-19-2012 by Ord. No. 7-2012]
- If a Retail Class “B” License, 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 the premises would not have to close. The sale of carry-out beer or liquor is prohibited between 12:00 midnight and 6:00 a.m. [Amended 1-14-1988]
- Hotels and restaurants whose principal business is furnishing of food or lodging to patrons and bowling alleys shall be permitted to remain open for the conduct of their regular business, but shall not be permitted to sell intoxicating liquor during the hours mentioned in Subsections A and B above.
- No person shall prevent, resist or interfere with any of the officers or employees of the Village of Holmen in the entering of any premises or the carrying out of their duties.
- Penalties. Any person violating any provision of this article, including those provisions of the Wisconsin Statutes or any other materials which are incorporated by reference, shall suffer one or all of the following penalties; provided, however, that in no case shall the forfeiture imposed for a violation of any provision of this section exceed the maximum fine for the same offense under the laws of the State of Wisconsin: [Amended 10-12-2000 by Ord. No. 1.00]
(1) Any beer or liquor license issued pursuant to W.S.A. Chapter 125 may be suspended by the Chief of Police without hearing for not more than 30 days.
(2) Any beer or liquor license issued pursuant to W.S.A. Chapter 125 may be suspended for more than 30 days or revoked by the Village Board after allowing the licensee or permittee a hearing on notice.
(3) Any beer or liquor license issued pursuant to W.S.A. Chapter 125 may be suspended or revoked by a court of competent jurisdiction upon conviction of an ordinance violation.
(4) Upon conviction thereof, shall forfeit $100 and the cost of prosecution.
ARTICLE II
Operator’s License
[Adopted 2-13-1992]
§ 78-2. Operator’s license required.
There shall be upon the premises operated under a Class “A” or Class “B” intoxicating liquor license or Class “B” fermented malt beverage license at all times the licensee or some other person who shall have an operator’s license and who shall be responsible for the acts of all persons serving or selling any intoxicating liquor or fermented malt beverages to customers. No person other than the licensee shall serve or sell fermented malt beverages or intoxicating liquor in any place operated under the Class “A” or Class “B” licenses unless he shall possess an operator’s license or unless he shall be under the immediate supervision of the licensee or a person holding an operator’s license who shall be upon the premises at the time of such service.
§ 78-3. Procedure upon application. [Amended 9-10-2020 by Ord. No. 5-2020]
The Village Board (or the Village Clerk as the Village Board’s designee) may issue an operator’s license, which license shall be granted only upon application in writing on forms to be obtained from the Village Clerk only to persons 18 years of age or older. Operator’s licenses shall be operative only within the limits of the Village. Operator’s licenses shall be granted only to persons of good moral character who shall be citizens of the United States.
§ 78-4. Duration.
Licenses issued under the provision of this article shall be valid for a period of one or two years and shall expire on the 30th day of June. Any license issued hereunder shall commence on July 1 of each year. The fee for a license shall be paid to the Village Treasurer and his receipt therefor filed with the Village Clerk with the application for such license.
§ 78-5. Operator’s license fee; provisional license.
- Fee. The fee for an operator’s license shall be as established in the Village of Holmen Fee Schedule, subject to W.S.A. s. 125. [Amended 6-19-2012 by Ord. No. 7-2012]
- Provisional license. The Village Clerk may issue provisional operator’s licenses in accordance with Section 125.17(5), Wis. Stats., at a cost as established in the Village of Holmen Fee Schedule, subject to W.S.A. Chapter 125. The provisional operator’s license shall expire 60 days after its issuance or when an operator’s license is issued to the holder, whichever is sooner. A provisional license may not be issued to any person who has been denied an operator’s license by the Village Board or who has had his operator’s license revoked or suspended within the preceding 12 months. The Village Clerk shall provide an appropriate application form to be completed in full by the applicant. The Village Clerk may revoke the provisional license issued if he discovers that the holder of the license made a false statement on the application. [Amended 6-19-2012 by Ord. No. 7-2012]
- The operator’s license fee shall be prorated on a monthly basis for any application made after July 1 in the year of application.
§ 78-6. Issuance. [Amended 9-10-2020 by Ord. No. 5-2020]
After the Village Board (or the Village Clerk as the Village Board’s designee) approves the granting of an operator’s license, the Village Clerk shall issue the license. Such licenses shall be issued and numbered in the order they are granted and shall give the applicant’s name and address and the date of the expiration of such license.
§ 78-7. Display of license.
Each license issued under the provision of this article shall be posted on the premises whenever the operator dispenses beverages or the operator shall have in his possession a wallet license card.
§ 78-8. Revocation of operator’s license.
Violations of any of the terms or provision of the state law or of this article relating to operator’s licenses by any person holding such operator’s license shall be cause for revocation of the license.
ARTICLE III
Adoption of Statute
[Adopted 1-8-1998]
§ 78-9. State alcoholic beverage provisions adopted.
The Village Board of the Village of Holmen, Wisconsin, does amend Ordinance No. 10.07 to include the following Wisconsin Statutes sections adopted by reference: Wisconsin Statutes 125, Alcoholic Beverage.
ARTICLE IV
Reserve Class B Liquor Licenses
[Adopted 4-13-2006 by Ord. No. 3.06]
§ 78-10. Reserve Class B Intoxicating Liquor License fee.
The fee for a reserve Class B intoxicating liquor license as defined by Wis. Stats. 125.51(4)(a)4 shall be $10,000 for initial issuance except that the fee for the initial issuance of a reserve Class B intoxicating liquor license to a bona fide club or lodge situated and incorporated in the state for at least six years is the fee established in subsection (a) for such a club or lodge. The fee established in this subdivision is in addition to any other fee required under this section. The annual fee for renewal of a reserve license is the fee set from time to time by resolution of the Village Board.[1]
[1]. Editor’s Note: Former § 78-11, Economic development grants, which immediately followed, was repealed 7-9-2021 by Ord. No. 5-2021.
