Ashwaubenon |
Code of Ordinances |
Part II. Code Of Ordinances |
Chapter 3. Alcohol Beverages |
Article I. In General |
§ 3-1. Definitions
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alcohol beverages means fermented malt beverages and intoxicating liquor.
Available license means a "class B" (liquor) license that may be granted because the village has granted fewer of such licenses than permitted the village under Wis. Stats. § 125.51(4)(b)1g.
Club means an organization, whether incorporated or not, which is the owner, lessee, or occupant of the building or portion thereof used exclusively for club purposes, which is operated solely for recreational, fraternal, social, patriotic, political, benevolent, or athletic purposes, but not for pecuniary gain, and which only sells alcohol beverages incidental to its operation.
Fermented malt beverages means any 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 0.5 percent or more of alcohol by volume.
Granted license means a license approved for issuance by the village board. Issuance is conditioned upon verification by the public safety department that the licensee to whom the license has been granted is in compliance with this chapter and the qualification provisions of Wis. Stats. ch. 125.
Inoperative license means an issued license under which the licensed activity is no longer occurring on the licensed premises.
Intoxicating liquor means all ardent, spirituous, distilled, or vinous liquors, liquids, or compounds, whether medicated, proprietary, patented or not, and by whatever name called containing 0.5 percent or more of alcohol by volume, which are beverages, but does not include fermented malt beverages.
Issued license means a license which has been granted, approved by the proper authorities, and delivered by the village clerk to the licensee.
License means an authorization to sell alcohol beverages granted by the village board under this chapter. The village board is hereby authorized to grant the following licenses:
(1) Class "A" (beer) license authorizes retail sales of fermented malt beverages in original packages, containers, and bottles for consumption off the premises where sold.
(2) "Class A" (liquor) license authorizes the retail sale of intoxicating liquor in original packages, containers, and bottles for consumption off the premises where sold.
(3) Class "B" (beer) license authorizes retail sales of fermented malt beverages to be consumed whether on or off the premises where sold.
(4) "Class B" (liquor) license authorizes the retail sale of intoxicating liquor for consumption on the premises where sold by the glass and not in the original package or container. Wine, however, may be sold for consumption off premises in the original package or otherwise in any quantity.
(5) "Class B" combination license is a license which results when one licensee applies for both a class "B" (beer) license and a "class B" (liquor) license for use at one premises.
(6) Temporary class "B" (picnic) "class B" wine licenses means a temporary class "B" (picnic) license and a "class B" wine license is issued to bona fide clubs, county or local fair associations, or agricultural societies, churches, lodges, or societies that have been in existence for not less than six months prior to the date of the application, or to veteran organizations or posts, authorizing them to sell fermented malt beverages and wine containing not more than six percent alcohol by volume at a particular picnic, gathering, or meeting, or during a fair conducted by a fair association or an agricultural society.
(7) Wholesalers' fermented malt beverage license authorizes the sale of fermented malt beverages only in original packages or containers to retailers or wholesalers not to be consumed on or about the premises where sold.
(8) "Class C" (wine) license authorizes the retail sale of wine by the glass or in an opened original container for consumption on the premises where sold.
Premises means the area described in a license or permit.
Regulation means any rule or ordinance adopted by the village board.
Reserve license means a "class B" (liquor) license as defined in Wis. Stats. § 125.51(4)(a)4, other than an available license, granted pursuant to Wis. Stats. § 125.51(3)(e)2.
Restaurant means any building, room or place where meals or lunches are prepared, served, or sold to the general public.
Sell, sold, sale, or selling means any transfer of alcohol beverages with consideration or any transfer without consideration knowingly made for the purpose of evading the law relating to the sale of alcohol beverages or any shift, device, scheme, or transaction for obtaining alcohol beverages, including solicitation of order for, or the sale for future delivery of, alcohol beverages.
Wine means products obtained from the normal alcohol fermentation of the juice or must of sound, ripe grapes, other fruits or agricultural products, imitation wine, compounds sold as wine, vermouth, cider, perry, mead and sake, if such products contain 0.5 percent or more of alcohol by volume.
(Ord. No. O4-1-13, § 1, 4-23-2013)