§ 6-32. License restrictions.

(a)

Statutory requirements. Licenses shall be issued only to persons eligible therefor under W.S.A., § 125.04 et seq.

(b)

Location. No class A or class B license shall be issued for premises the main entrance of which is less than 300 feet from the main entrance of any established public school, parochial school, hospital or church except that this prohibition may be waived by a majority vote of the village board. Such distance shall be measured by the shortest route along the highway from the closest point of the main entrance of such school, church or hospital to the main entrance to the premises covered by the license. This prohibition does not apply to any of the following:

(1)

Premises covered by a license or permit on June 30, 1947.

(2)

Premises covered by a license or permit prior to the occupation of real property within 300 feet thereof by any school, hospital or church building.

(3)

A restaurant located within 300 feet of a church or school. This subsection applies only to restaurants in which the sale of alcohol beverages accounts for less than 50 percent of their gross receipts.

(c)

Separate premises for class A intoxicating liquor. No class A intoxicating liquor license may be granted for any premises where another business is conducted in connection with the premises. This restriction does not apply if intoxicating liquor is displayed and sold in a room separate from the remainder of the premises where the other business is conducted. All checkouts and purchases shall be made in the room in which the intoxicating liquor is displayed.

(1)

Businesses that were licensed on January 1, 2006, have until January 1, 2011, to be in compliance with the restrictions and requirements of this subsection.

(2)

The restrictions and requirements of this subsection do not apply to the display and sale of wine.

(d)

Online or telephone ordering and curbside pickup of alcohol beverages.

(1)

No establishment shall allow online or telephone ordering of alcohol beverages and curbside delivery of such purchase without first completing the following:

a.

Designated pick-up areas.

1.

If the establishment already holds a current alcohol beverage license, the establishment shall apply for and must obtain village board approval of a revision to the current license to include a designated inside or outside pick-up area in the description of the premises to be licensed; or

2.

If the establishment is filing an application for an original or renewed alcohol beverage license, the establishment shall include a designated inside or outside pick-up area in the description of the premises to be licensed.

b.

Operation plan. Concurrent with filing an application as set forth in section (d)(1)a., the establishment shall file an operation plan that clearly details how the online or telephone ordering and curbside or instore pickup operation will function. The required operation plan shall include the licensee's protocol for assuring that underage persons and intoxicated persons do not secure or purchase alcohol via the online or telephone ordering or curbside or instore pickup program.

c.

In the event the licensee or proposed licensee fails to provide an operation plan as set forth in subsection (d)(1)b., the application shall be considered incomplete and the application shall be rejected.

(2)

No establishment holding an alcohol beverage license that designates an outside pick-up area shall allow online or telephone purchase and pick-up of alcohol beverages unless the sale is consummated on the licensed premises and satisfies each of the following:

a.

The sale and delivery of online and telephone alcohol beverage order shall be made only by a licensed operator.

b.

Payment for the purchase must be completed on premises and may not be completed until the purchaser is at the licensed premises and has presented valid photo identification that has been verified by a licensed operator employed by the premises.

c.

The licensed operator must verify that the person placing the online or telephone order is the same person picking up the order.

d.

No alcohol sales are permitted if the purchaser fails to present valid photo identification.

e.

The online or telephone ordering system must allow the purchase of alcohol to be denied without affecting the remainder of the transaction.

f.

The designated pick-up area as outlined in the description of premises to be licensed must be clearly identified with markings, signs, or barriers.

g.

An establishment shall only allow customers to pick up orders under this section between the hours of 8:00 a.m. and 8:00 p.m.

h.

An establishment shall not allow a customer to pick up an order made under this section until at least four hours have elapsed from the time the customer placed the order.

i.

Any order placed after 4:00 p.m. cannot be picked up by a customer until the following day.

j.

If the purchaser is not the driver of the vehicle into which the order is being loaded, the licensed operator must verify that the driver of the vehicle is at least 21 years of age.

k.

The licensed operator shall report to his or her manager any purchaser who shows signs of alcohol consumption, and in conjunction with the manager, shall assess sobriety for purposes of approving or denying the sale.

(3)

No events other than the delivery of orders placed under this section shall be allowed in the outside pick-up area designated in the description of the premises to be licensed.

(4)

For each transaction under this section, the establishment must capture and retain for not less than 30 days an image of the vehicle into which the order is being loaded.

(5)

For each transaction under this section, the establishment must record and retain the following information for not less than 30 days:

a.

The name of the purchaser.

b.

The type of identification card presented and the number and expiration date of that identification card.

c.

The purchaser's date of birth.

d.

The license plate of the vehicle into which the order is being loaded.

(Code 1966, § 14.01(5)(a), (b); Ord. No. 794, § I, 7-18-06; Ord. No. 950A, § I, 7-18-18)