[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;
(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.