[HISTORY: Adopted by the Common Council of the City of Muskego 7-3-1991 by Ord. No. 718 (§ 12.01 of the 1964 Code); amended in its entirety 8-27-2021 by Ord. No. 1462. Subsequent amendments noted where applicable.]
A. 
Chapter 125. The provisions of Ch. 125, Wis. Stats., relating to the sale of intoxicating liquor and fermented malt beverages, and any subsequent amendments, exclusive of any provisions thereof relating to the penalty to be imposed or the punishment for violation of such statutes, are adopted and made a part of this chapter by reference. The City further elects that retail "Class B" licenses shall be issued under § 125.51(3)(b), Wis. Stats., rather than under § 125.51(3)(a), Wis. Stats.
B. 
The provisions of § 139.08(4), Wis. Stats., authorizing inspection for enforcement of Chs. 125 and 139, Wis. Stats., during all reasonable hours, and § 139.22, Wis. Stats., authorizing seizure of alcohol beverages which violate §§ 139.01 to 139.25 and Ch. 125, Wis. Stats., are adopted and made part of this chapter by reference.
C. 
Penalty for violation of this chapter. Any person, firm, partnership, or corporation who violates any part of this chapter shall be subject to the penalty and enforcement provisions in § 1-4 of this Code of Ordinances.
A. 
Licenses and permits may be issued by the City Clerk under the authority of the Common Council after payment of the appropriate fees, which when so issued shall permit the holder to sell, deal, or traffic in alcohol beverages as provided in Ch. 125, Wis. Stats.
B. 
Fees for the above-noted licenses and permits shall be in such amount as may be established by the Common Council from time to time by separate resolution.
C. 
Any applicable publication fee and/or application fee and/or investigation fee shall be submitted with the license or permit application as may be established by the Common Council from time to time by separate resolution.
D. 
The fees for licenses or permits that are not granted shall be refunded after deducting the application fee and all actual publication fees and investigation fees.
E. 
Fees for partial licensing years may be prorated at the discretion of the Common Council, except when state law requires prorated fees. In all cases when in its discretion the Common Council issues an alcohol beverage license for a partial year, a minimum fee of $25 and all actual publication fees and investigation fees must be paid.
F. 
Once any license or permit is issued, no return of any payment shall be made, regardless of whether the license or permit is used for the entire year.
G. 
The fee for regular, provisional, and temporary operator's licenses shall be set by a resolution approved by the Common Council.
H. 
Regular operator's licenses issued under this chapter shall expire biennially on June 30 of each year.
I. 
A provisional operator's license issued under this chapter shall expire 60 days after its issuance or when a regular operator's license is issued to the holder, whichever is earlier. Provisional operator's licenses shall not be renewed.
J. 
Temporary operator's licenses issued under this chapter shall be valid for any period from one day to 14 days, and the period for which it is valid shall be stated on the license.
A. 
The City conducts a background check on every applicant. There is an additional fee for the background check. If you have not lived in Wisconsin any time in the five years before applying, you will be charged an additional amount for background checks in each of those states.
B. 
Upon receipt of a license application under the provisions of this chapter, the City Clerk-Treasurer shall forward a copy of the application to the appropriate departments to conduct an investigation of the applicant(s) as set forth below.
C. 
All alcohol beverage licenses. The Police Department, Fire Department, Health Department, and Building Inspector and other persons authorized may conduct an investigation and inspection of the premises mentioned in the application to determine if the premises complies with all applicable regulations, ordinances, and laws. The Police Department shall perform a driver's history and criminal record check for all persons included in the application, both new and renewal.
D. 
In determining the suitability of an applicant, consideration shall be given to the appropriateness of the location and premises where such licensed business is to be conducted and the best interest of the City's economic health and welfare.
A. 
Application for a license to sell or deal in alcohol beverages shall be made, in writing, on the form prescribed by § 125.04(3), Wis. Stats., and shall be filed, together with the cost of publication as provided by resolution of the Common Council, with the City Clerk not less than 15 days prior to the granting of the license. Applications for licenses to be issued under §§ 125.26(6) and 125.51(10), Wis. Stats. (picnic), shall be filed with the City Clerk at least four weeks before the event, unless the same event has been approved previously, but even in those instances not less than five business days prior to the event.
B. 
Provisional premises. The City Clerk is the official who grants or revokes a provisional retail license.
C. 
Temporary Class "B" (fermented malt beverage) and "Class B" (wine) picnic license. The City Clerk-Treasurer or designee is authorized to issue temporary Class "B" (picnic) beer licenses and temporary "Class B" (picnic) wine licenses pursuant to §§ 125.26(1) and 125.51(1)(a), Wis. Stats. The licenses may be issued only to bona fide clubs and chambers of commerce, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least six months before the date of application, and to posts of veterans' organizations authorizing the sale of fermented malt beverages at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. The fee for such license shall be established by the governing body, but may not exceed $10.
D. 
Timing for premises applications for "Class B" licenses.
(1) 
Applicants may apply for a "Class B" intoxicating liquor license no more than 90 days before occupancy and opening. Before this submittal should occur, the applicant must discuss their proposed use with the Community Development Department to ensure that said use is allowed in its proposed location/zoning district. This subsection does not apply to temporary licenses issued under § 125.51(10), Wis. Stats.
(2) 
Upon the granting of a "Class B" intoxicating liquor license, the licensee shall meet all conditions set forth in Ch. 125, Wis. Stats., and the Muskego Municipal Code and pay the license fee, prior to issuance of the license, within 90 days of filing the application with the City Clerk. Failure to do so is grounds for revocation of the license. This provision does not apply to premises where operation is delayed by construction lasting 90 days or more as verified by the Inspection Services Department as provided in Subsection D(3) of this section.
(3) 
Construction time delay.
(a) 
For premises construction that will take more than 90 days, an applicant may, after receiving approval of its plan and method of operation from the Common Council, apply for a "Class B" intoxicating liquor license. The Common Council may grant the license with the condition that it will not be issued until the applicant meets the qualifications set forth in Ch. 125, Wis. Stats., and the Muskego Municipal Code, pays the licensee fee, receives an occupancy permit pursuant to § 164-13, and receives Fire Department approval. No application will be considered under this provision unless it is accompanied by a construction timeline and the Inspection Services Department verifies the accuracy of the timeline. The construction timeline shall include the time frame for installation of footings and foundation, framing, roofing, plumbing and electrical systems, flooring, and fixtures, as well as a projected date for the issuance of an occupancy permit.
(b) 
No such license granted under Subsection D(3)(a) of this section may be renewed unless the Inspection Services Department verifies, in its sole discretion, that construction is occurring in a manner consistent with the timeline submitted with the licensee's initial application. If the Department determines that construction is not occurring in a manner consistent with the Code, grounds shall exist for revocation or nonrenewal of the license.
(c) 
If a license has been granted under Subsection D(3)(a) of this section, the licensee shall meet all conditions set forth in Ch. 125, Wis. Stats., and the Muskego Municipal Code, obtain an occupancy permit, receive approval from the Fire Department, and pay the license fee within 18 months of the date of the initial granting of the license. Failure to do so is grounds for revocation of the license. If the Common Council finds that good cause exists, it may grant the licensee one extension of 60 days to meet the aforementioned qualifications upon written request of the licensee filed with the clerk.
A. 
A provisional retail license may be issued only to a person who has applied for a Class "A," Class "B," "Class A," "Class B," or "Class C" license and authorizes only the activities that the type of retail license applied for authorizes.
B. 
A provisional retail license expires 60 days after its issuance or when the Class "A," Class "B," "Class A," "Class B," or "Class C" license is issued to the holder, whichever is sooner. The official who issued the provisional retail license may revoke the license if he or she discovers that the holder of the license made a false statement on the application.
C. 
No person may hold more than one provisional retail license for each type of license applied for by the holder per year.
A. 
The licensee shall conduct the sale of all alcohol products in conformance with Chs. 125 and 139, Wis. Stats.
B. 
Inspection and search. Every applicant procuring a license thereby consents to the entry of police or other duly authorized representatives of the City at all reasonable hours for the purpose of inspection and search.
C. 
Safety and sanitation requirements. Each licensed premises shall be maintained and conducted in a sanitary manner and shall be a safe and proper place for the purpose being used.
D. 
Sale to intoxicated persons prohibited. No licensee, agent, operator, or server shall sell, give, procure, or otherwise furnish any alcohol beverages to an intoxicated person.
E. 
Underage persons. No licensee shall employ any underage person to serve, sell, dispense, or give away an alcohol beverage unless authorized by state law or the general codes of the municipality. The current and future provisions of §§ 125.10(2) and 125.07(4)(a), (b) or (bm), 125.085(3)(b) and 125.09(2), Wis. Stats., are adopted and made a part of this section by reference. A violation of any such provision shall constitute a violation of this section. Any future amendments, revisions, modifications, or additions of the statutes incorporated herein are intended to be made part of this chapter in order to secure uniform statewide regulation of alcohol beverages in this state.
F. 
Disorderly conduct prohibited.
(1) 
Each licensed premises shall be conducted in an orderly manner, and no disorderly, riotous, or indecent conduct shall be allowed at any time on any licensed premises.
(2) 
It is unlawful for any licensee, or manager or agent of the licensee, to permit any employee, entertainer, or patron to engage in or exhibit on the licensed premises any adult entertainment which requires a license under Chapter 124 of the general code. Any licensee who violates the provisions of this subsection shall be subject to liquor license suspension, revocation, or nonrenewal as provided by §§ 125.10(1) and 125.12(1), Wis. Stats.
G. 
Structural alterations prohibited without approval. No structural alteration which creates an expansion of or changes to the licensed area shall be permitted without approval of the Finance Committee and Common Council.
H. 
If a "Class B" intoxicating liquor license issued hereunder is not used within 30 days after its issuance or its usage is discontinued for a period of 30 days or more, such situation is grounds for revocation of the license.
I. 
No alcohol may be sold or served through a drive-through window.
A. 
Applicants for an operator's license are required to complete an application on a form provided by the Clerk's office.
B. 
The City Clerk is directed to provide each applicant a copy of the standards the Finance Committee and Common Council utilizes in granting licenses.
C. 
Operator's licenses.
(1) 
Pursuant to § 125.17(1), Wis. Stats., the City Clerk may issue an operator's license for any applicant who is qualified under § 125.04(5), Wis. Stats., and has not been charged, ticketed, cited, or arrested for any violation of the violations enumerated in § 111.335, Wis. Stats.
(2) 
Operator's licenses are valid for two years upon issuance, except that each license shall be deemed to have been issued July 1 and shall expire on June 30 of the second year.
(3) 
If the City Clerk denies the license due to a criminal conviction, the Clerk will follow the procedure enumerated in § 111.335(4)(c), Wis. Stats., by describing how the criminal record relates to the particular licensed activity, and allow the applicant to show evidence of rehabilitation and fitness to engage in the activity. Pursuant to § 111.335(4)(c)2, Wis. Stats., the City Clerk does not need to furnish a written statement if the criminal conviction is an exempt offense as defined by § 111.335(1m) or § 111.335(4)(h), Wis. Stats.
(4) 
If the City Clerk denies the license due to an incomplete application then the applicant will be notified of the deficiency.
D. 
Provisional license.
(1) 
The City Clerk is the official charged with issuing and revoking a provisional operator's license. A provisional license requires an additional fee.
(2) 
Standards for provisional license:
(a) 
The applicant has applied for an operator's license.
(b) 
No provisional operator's license may be issued to a person who has been previously denied or had an operator's license revoked by the City Clerk or Common Council in the 12 months prior to applying for the provisional license.
(c) 
The applicant must provide evidence of completion or enrollment in responsible beverage server course.
(d) 
The applicant has a certified copy of a license issued by another municipality.
A. 
Authority to issue temporary operator's licenses. Temporary operator's licenses may be granted to individuals by the City Clerk or Common Council pursuant to § 125.17(4), Wis. Stats., for the purpose of allowing said individuals to dispense and serve alcohol beverages under a license issued under § 125.26(6) or § 125.51(10), Wis. Stats. No person may hold more than two licenses of this kind per year.
B. 
Granting of temporary operator's licenses. All requirements pertaining to qualifications, investigation, and granting of a regular operator's license shall apply to a temporary operator's license, except that the applicant does not need to show proof of completion or enrollment in a responsible beverage server course.
A. 
The transfer of every alcohol beverage license shall be governed by § 125.04(12), Wis. Stats.
B. 
No transfer of an operator's license is permitted.
C. 
If the transfer is approved by the Common Council pursuant to § 125.04(12)(b)4, Wis. Stats., all conditions set forth under this chapter shall be complied with.
D. 
Failure to conform to the terms of license transfer shall be grounds for denial, suspension, or revocation of license.
[Amended 3-28-2023 by Ord. No. 1483]
A. 
Prohibition.
(1) 
No person shall sell any alcohol beverage in or upon any of the following, except as provided in Subsection B of this section:
(a) 
Any public street, alley, sidewalk, street crossing, bridge, public playground, public park, or public parking lot unless approved by the designated City personnel with such authority.
(b) 
Any premises held out to the public for the use of their motor vehicles, whether such premises are publicly or privately owned. This shall include the parking lots of all alcohol beverage licensees or permittees.
(2) 
This prohibition shall not apply to community functions or events authorized by the Mayor or designee.
B. 
Regulation of online sales on licensed premises.
(1) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
LICENSED OPERATOR
Any person who is authorized to serve or sell alcohol beverages, pursuant to §§ 125.32(2) and 125.68(2), Wis. Stats.
ONLINE
A website or application or any other electronic or telecommunication means.
ORDER PICKUP PROGRAM
The sale or transaction and the pickup or delivery to a vehicle of an order for retail products, including food and beverages, placed online at an establishment licensed under this chapter.
(2) 
No establishment shall allow alcohol beverages ordered online to be picked up through an order pickup program without obtaining a license or premises amendment as set forth herein.
(3) 
Prior to initiating an order pickup program, all applicants shall file a detailed plan of operation with the City Clerk for the order pickup program that is separate from the plan and method of operation required under Chapter 400 of this Code (Zoning). Current licensees shall file the plan with a request to amend their premises description. New license applicants shall file the plan with their original application. The plan of operation shall include:
(a) 
A description, in detail, of how the order pickup program will function;
(b) 
A drawing of the entire premises to scale with the areas for the order pickup program designated on the drawing along with their dimensions;
(c) 
The licensee's or applicant's protocol and policies for assuring that underage persons and intoxicated persons do not pick up alcohol ordered online;
(d) 
The licensee's or applicant's information on the equipment, policies, and protocols to ensure that licensed operators complete the sale and pickup;
(e) 
Whether the licensee or applicant intends to hold tasting events in the order pickup area;
(f) 
The pickup hours; and
(g) 
Whether the licensee or applicant intends to have a waiting period between order time and pickup time.
(4) 
All completed applications that meet the requirements of Subsection C(3) of this section shall be referred to the Finance Committee for consideration. Upon considering the application, the Finance Committee shall inform the Muskego Common Council of its recommendation, if any, in regard to the amendment or application. The Common Council shall determine whether the application shall be granted or denied. After approval of the application by the Common Council, the City Clerk shall issue to the applicant an amended license or license, subject to the requirements of this chapter.
(5) 
Any alteration, change, or addition to the application or plan of operation shall be referred to the Finance Committee and approved by the Common Council. The Common Council may change all or part of the plan of operation or may impose additional requirements to address problems created by the licensee's operation. No licensee shall alter, change, or add to its application or plan of operation without the Common Council's approval.
(6) 
All online order pickup programs involving alcohol beverages shall comply with the following:
(a) 
The sale shall be consummated in a face-to-face transaction on the licensed premises, and payment may not be completed until the purchaser is at the licensed premises.
(b) 
A licensed operator employed by the alcohol beverage licensee shall verify that the purchaser's photo identification is valid and shows that the purchaser is 21 years of age or older.
(c) 
The licensed establishment shall utilize a payment transaction system that allows the alcohol beverage portion of the transaction to be denied without affecting the sale of the remainder of items ordered online, if any.
(d) 
The licensed establishment shall capture and retain an image of the vehicle into which a pickup order involving the sale of alcohol beverages is being loaded for 30 days. Such images shall be made available to the Muskego Police Department or another law enforcement agency upon request.
(e) 
The licensed establishment shall record and retain the following information for 30 days. Such information shall be made available to the Muskego Police Department or another law enforcement agency upon request:
[1] 
The name of the purchaser.
[2] 
The type of identification card presented and the number and expiration date of that identification card.
[3] 
The purchaser's date of birth.
[4] 
The license plate of the vehicle into which the order is loaded.
(f) 
Order pickup shall be in accordance with closing hours pursuant to §§ 125.32(3)(b) and 125.68(4)(b), Wis. Stats., respectively.
(g) 
If the alcohol beverage purchaser is not the driver of the vehicle into which the order is being loaded or delivered, the licensed operator shall verify the driver is 21 years of age or older.
(h) 
The online order pickup area shall be clearly defined with visible markings, signs and/or barriers.
(i) 
The licensee and licensed operator shall comply with the provisions of Ch. 125, Wis. Stats., and the Muskego Municipal Code.
(7) 
Penalty. Any licensee or person who violates any provision of this subsection shall be subject to a forfeiture of not less than $250, nor more than $1,000, plus court costs and fees. Each and every day during which a violation occurs constitutes a separate offense. Licensees are also subject to suspension, revocation, or nonrenewal of their alcohol beverage license or operator's license.
A violation of this chapter by a duly authorized agent or employee of a licensee or permit holder shall constitute a violation by the licensee or permit holder. Whenever the holder of any license or permit under this chapter shall violate any provision of this chapter, proceedings for the revocation or suspension of such license or permit may be instituted in the manner and under the procedure established by Section § 125.12, Wis. Stats., and the provision therein relating to granting a new license shall likewise be applicable.
If any section or provision of this chapter shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision and shall not affect the validity of any other provisions, sections, or portions thereof of this chapter. The remainder of the chapter shall remain in full force and effect.