All retail Class "A", Class "B", "Class A", "Class B" and "Class C" licenses granted hereunder shall be granted subject to the following conditions, and all other conditions of this Section, and subject to all other Ordinances and regulations of the Village of Edgar applicable thereto.
(a) Consent to Entry. Every applicant procuring a license thereby consents to the entry of law enforcement authorities or duly authorized representatives of the Village of Edgar at all reasonable hours for the purpose of inspection and search, and consents to the removal from said premises of all things and articles there had in violation of Village ordinances or state laws, and consents to the introduction of such things and articles in evidence in any prosecution that may be brought for such offenses.
(b) Employment of Minors. No retail "Class B" or Class "B" licenses shall employ any underage person, as defined in the Wisconsin Statutes, but this shall not apply to hotels and restaurants. Family members may work on the licensed premises but are not permitted to sell or dispense alcoholic beverages.
(c) Disorderly Conduct Prohibited. Each licensed premises shall, at all times, be conducted in an orderly manner, and no disorderly, riotous or indecent conduct shall be allowed at any time on any licensed premises.
(d) Licensed Operator on Premises. There shall be upon premises, and in visual control of such premises, operated under a "Class B", Class "B", or "Class C" license, at all times, the licensee, members of the licensee's immediate family who have attained the legal drinking age, and/or some person who shall have an operator's license and who shall be responsible for the acts of all persons serving as waiters, or in any other manner, any fermented malt beverages to customers. No person other than the licensee shall serve fermented malt beverages in any place operated under a "Class B", Class "B", or "Class C" license unless he/she possesses an operator's license, or there is a person with an operator's license upon said premises at the time of such service.
(e) Health and Sanitation Regulations. The rules and regulations of the State Board of Health governing sanitation in restaurants shall apply to all "Class B" liquor or "Class C" licenses issued under this Chapter. No "Class B" or "Class C" license shall be issued unless the premises to be licensed conform to such rules and regulations.
(f) Restrictions Near Schools and Churches. No retail Class "A", Class "B", "Class A" or "Class B" license shall be issued for premises, the main entrance of which is less than three hundred (300) feet from the main entrance of any established public school, parochial school, hospital or church. Such distance shall be measured by the shortest route along the highway from the closest point of the maintenance entrance of such school, church or hospital to the main entrance to such premises. This Subsection shall not apply to premises licensed as such on June 30, 1947, nor shall it apply to any premises licensed as such prior to the occupation of real property within three hundred (300) feet thereof by any school building, hospital building or church building.
(g) Clubs. No club shall sell or give away any intoxicating liquors except to bona fide members and guests invited by members.
(h) Gambling Regulations; Video Gambling Machines. For purposes of this Section, "gambling machine" shall be as defined in Sec. 945.01, Wis. Stats. Except as authorized by state law, no gambling or game of chance of any type shall be permitted in any form upon any premises licensed under this Chapter or the laws of the State of Wisconsin. The premises for which a Class "B" or "Class B" license has been issued may have not more than five (5) video gambling machines on the licensed premises for entertainment purposes. The regulation and penalties of gambling machines shall be as prescribed in Secs. 945.02 - 945.041, Wis. Stats.
(i) Credit Prohibited. No retail Class "A", Class "B", "Class A", "Class B", or "Class C" liquor, wine, or fermented malt beverage Licensee shall sell or offer for sale any alcohol beverage to any person or persons by extending credit, except hotel credit extended to a resident guest or a club to a bona fide member. It shall be unlawful for such Licensee or permittee to sell alcohol beverages to any person on a passbook or store order or to receive from any person any goods, ware, merchandise or other articles in exchange for alcohol beverages.
(j) Licensee or Permittee Responsible for Acts of Help. A violation of this Chapter by a duly authorized agent or employee of a licensee or permittee under this Chapter shall constitute a violation by the licensee or permittee. Whenever any licensee or permittee under this Chapter shall violate any portion of this Chapter, proceedings for the suspension or revocation of the license or permit of the holder thereof may be instituted in the manner prescribed in this Chapter.
(k) Indoor Pryotechnic Displays Prohibited. No indoor pyrotechnic display or fireworks display of any kind is allowed in the licensed premises, nor any unlicensed property attached to the licensed premises.
(I) Timely Commencement of Business. Timely commencement of business and continuation of business is an ongoing condition of an alcohol beverage license issued under this Chapter. The Village Board may cancel or not renew any license granted if any of the following occurs:
(1) The privileges granted under the license are not exercised within ninety (90) days after the granting of the license;
(2) The business for which the license was issued is discontinued; or the business was not opened for business for the purpose of the license for a period of ninety (90) consecutuve days or more; or the business was only open intermittently for period of two (2) days or less during the ninety (90) day period.
(m) Open Container. It shall be unlawful for any person to whom a license has been granted to permit any person to leave the licensed premises with an open container containing any alcohol beverages.
(n) Sell or Serve on Public Street. It shall be unlawful for any person to sell or serve, or offer to sell or serve any alcoholic beverages upon any public street within the Village of Edgar except in areas holding a sidewalk cafe permit pursuant to Section 7-2-22.
(o) Online Ordering and Curbside Pickup of Alcohol Beverages.
(1) General Licensing Requirements.
a. No licensed establishment shall allow online purchases of alcohol beverages and curbside delivery of such purchases, commonly called a "click and collect" purchase, without first obtaining a change of premises authorization from the Village to license that portion of the establishment's parking lot that will allow vehicles to park for purposes of picking up their online order.
b. The licensed establishment shall file a detailed operations plan with their change of premises application which clearly explains how their click and collect operaton would function. The operations plan shall include the licensee's protocol for assuring that underage or intoxicated persons do not pick up alcohol through the click and collect system.
c. The failure of a licensee to provide a detailed operations plan with their change of premises application shall result in the application not being considered.
(2) Compliance Requirements.
a. No establishment holding an alcohol beverage license shall allow online purchase and pickup of alcohol beverages unless the sale is consumated on the licensed premises. Alcohol purchases shall be clearly indicated on the sales receipt.
b. The pickup area for click and collect purchases shall be clearly defined with visible markings, signs and/or barriers.
c. Payment for the purchase shall be completed on the licensed premises and the transaction may not be completed until the purchaser is physically at the licensed premises and has presented valid photo identification that has been verified by a licensed operator employed by and on the premises of the licensed location.
d. The licensed operator shall verify that the person who has placed the click and collect order is the same person collecting the order. A third-party identification card is not acceptable.
e. If the click and collect purchaser is not the driver of the vehicle into which the order is being loaded, the licensed operator shall verify that the driver is a minimum of twenty-one (21) years old.
f. The sale and delivery of click and collect purchases shall be made only by a licensed operator.
g. The licensed operator shall report to his/her manager any click and collect purchaser who shows signs of alcohol consumption, and in conjunction with the manager, shall assess sobriety for purposes of approving or denying the sale.
h. No alcohol purchase is permitted if the purchaser fails to present valid photo identification.
i. The click and collect system used by a licensee must be such that when the sale of alcohol is denied other non-alcohol purchases are not affected.
(3) Customer Information to be Obtained and Retained.
a. An image (digital photograph, security camera system, etc.) shall be captured and retained by the licensee of each vehicle being loaded with a click and collect transaction involving the sale of alcohol. Such image shall be retained a minimum of thirty (30) days.
b. For each click and collect transaction involving alcohol sales, the seller shall collect and retain for thirty (30) days the following information:
1. The name of the purchaser.
2. The purchaser's date of birth.
3. The type of photo identification presented and the expiration date of that identification card.
4. The license plate number and state of issuance of the vehicle into which the order is being loaded.
(4) Restrictions on Time of Sales.
a. Pick up of click and collect alcohol beverage orders shall be between the hours of 8:00 a.m. and 8:00 p.m. Orders placed after 3:00 p.m. cannot be picked up until the following day.
b. No events other than the delivery of click and collect orders shall be allowed within the area of the expanded licensed premises.
Annotation:
See Colonnade Catering Corp. v. United States, 397 U.S. 72, 90 S. Ct. 774 (1970); and State v. Erickson, 101 Wis. 2d 224 (1981), for guidelines for warrantless searches of licensed premises.