For the purposes of this Chapter the following definitions shall
apply:
Property immediately adjoining any subject property. For
the purposes of this definition, any intervening street, alley, highway
or other public thoroughfare shall be disregarded.
Intoxicating liquor or non-intoxicating beer.
Any building or structure regularly and primarily used as
a place of worship by any organized religious society, organization
or congregation, regardless of whether or not such a building or structure
was originally designed and constructed for that purpose.
A place where all doors are locked and where no patrons are
inside or about the premises.
The Director of Liquor Control of the City of Greenwood or
his/her designated agent.
Any beer manufactured from pure hops or pure extract of hops
and pure malt or other wholesome grains or cereals and wholesome yeast
and pure water and free from all harmful substances, preservatives
and adulterants, and having an alcoholic content of more than three
and two-tenths percent (3.2%) by weight and not in excess of five
percent (5%) by weight.
Alcohol for beverage purposes, alcoholic, spirituous, vinous,
fermented, malt or other liquors, or combination of liquors, a part
of which is spirituous, vinous or fermented, and all preparations
or mixtures for beverage purposes containing in excess of one-half
of one percent (1/2 of 1%) of alcohol by volume except for non-intoxicating
beer.
The person holding any license issued under the provisions
of this Chapter.
Any beer manufactured from pure hops or pure extract of hops,
and pure barley malt or other wholesome grains or cereals, and wholesome
yeast and pure water and free from all harmful substances, preservatives
and adulterants, and having an alcoholic content of more than one-half
of one percent (1/2 of 1%) by volume and not exceeding three and two-tenths
percent (3.2%) by weight.
One (1) container of not less than fifty (50) milliliters
of any intoxicating liquor or any package containing three (3) or
more standard bottles of beer.
The holder of an employee's permit as issued by the City
of Greenwood.
An individual, partnership, club, association, firm or corporation.
The area located within an enclosure where alcoholic beverages
are sold or consumed.
[Ord. No. 94-11-01 § 600.020, 11-7-1994]
The Chief of Police shall be the Director of Liquor Control
and be charged with the enforcement of the provisions of this Chapter.
The Director shall be over twenty-one (21) years of age and shall
not be an owner, officer or employee of any licensee under this Chapter.
It shall be the duty of the Director to issue all licenses and
permits provided by this Chapter. He/she shall keep a record of all
licenses and permits so issued and of any suspension or revocation
thereof. The Director shall make a full and complete report to the
Board of Aldermen at the end of each fiscal year.
A.Â
Licensee. The Director may suspend or revoke any license issued pursuant
to the provisions of this Chapter at any time that a corresponding
State liquor license of a licensee has been suspended or revoked.
The license may be renewed or reinstated at such time as the licensee's
State of Missouri liquor license has been renewed or reinstated.
B.Â
Permittee. The Director may suspend or revoke any permit issued pursuant
to the provisions of this Chapter if the permittee has violated any
of the provisions of this Chapter or if the permittee has made materially
false statements in his/her permit application or failed to make a
complete disclosure of all pertinent information in his/her application
for permit.
Notwithstanding any other provisions of this Chapter, the Director
shall have the authority to close for a period not to exceed twenty-four
(24) hours, any premises which may be in the immediate area of a mob,
riot, strike or any type of violence, actual or probable, provided
however, that the Director may not close such place under such circumstances
without advising the Mayor and Board of Aldermen at the earliest possible
time and provided further, that the Director may not close such place
for two (2) or more consecutive twenty-four-hour periods without the
approval of the Mayor and the Board of Aldermen.
It shall be unlawful for any person to manufacture, sell, or
solicit orders for the sale of alcoholic beverages, or allow the consumption
of such beverages in or upon any premises where food, beverages or
entertainment are sold or provided for compensation, within the City
limits without first obtaining a license from the Director.
A.Â
Due Date. All license fees shall be due and payable on or before
July 1st of each year and shall apply to the year beginning July 1st
and ending June 30th. If such license is originally issued after July
1st, the applicant shall pay 1/12th of such fee for each month, or
fraction thereof, remaining in the twelve-month period.
B.Â
Annual Fee Amounts. The following list sets forth the required license
fees for each specific type of license issued pursuant to this Chapter:
|
Type of License
|
Amount
|
|---|---|
|
Retail liquor by drink
|
$450.00
|
|
5% beer by drink
|
$52.50
|
|
5% beer by drink, wine
|
$52.50
|
|
3.2% non-intoxicating beer by drink
|
$37.50
|
|
Restaurant-bar
|
$300.00
|
|
5% beer by drink restaurant-bar
|
$300.00
|
|
5% beer by drink restaurant-bar, wine
|
$300.00
|
|
Restaurant-bar, temporary
|
$75.00/90 days
|
|
5% beer by drink restaurant-bar, temporary
|
$75.00/90 days
|
|
5% beer by drink restaurant-bar, wine, temporary
|
$75.00/90 days
|
|
Retail by drink picnic
|
$37.50/7 days
|
|
5% beer by drink picnic
|
$37.50/7 days
|
|
5% beer by drink, wine picnic
|
$150.00/7 days
|
|
3.2% non-intoxicating beer by drink picnic
|
$15.00/7 days
|
|
Retail liquor by drink, caterer
|
$15.00/per day
|
|
5% beer by drink, caterer
|
$15.00/per day
|
|
Original packaged liquor
|
$150.00
|
|
Original packaged 5% beer
|
$22.50
|
|
Original packaged 3.2% beer
|
$22.50
|
|
Consumption of intoxicating liquor (C.O.L.)
|
$90.00
|
|
Sunday sale of intoxicating liquor
|
$300.00
|
|
(Provided that the licensee also possesses a license authorizing
the sale at retail in the original package of intoxicating liquor
on all other days)
|
As a condition precedent to the issuance of a license under
the provisions of this Chapter, the applicant must also procure a
permit and license from the State of Missouri and the County of Jackson
pursuant to the provisions of Chapters 311 and 312, RSMo.
A license shall be issued to all applicants who have complied
with this Chapter licensing such applicant to sell all kinds of intoxicating
liquor at retail by the drink for consumption on the licensed premises,
upon payment of the required license fee to the Director for each
such license. Such license shall also include the privilege of selling
alcoholic beverages in the original package on the licensed premises,
for consumption off the licensed premises.
A license shall be issued to all applicants who have complied
with this Chapter licensing such applicant to sell five percent (5%)
beer or non-intoxicating beer at retail by the drink for consumption
upon the licensed premises upon payment of the required license fee
to the Director for each such license. Such license shall also include
the privilege of selling five percent (5%) beer and non-intoxicating
beer in the original package on the licensed premises for consumption
off the licensed premises.
A license shall be issued to all applicants who have complied
with this Chapter licensing such applicant to sell non-intoxicating
beer at retail for consumption on the licensed premises upon payment
of the required license fee to the Director for each such license.
Such license shall also include the privilege of selling non-intoxicating
beer in the original package on the licensed premises for consumption
off the licensed premises.
A license shall be issued to all applicants who have complied
with this Chapter licensing such applicant to sell all kinds of intoxicating
liquor at retail, by the drink, for consumption on the licensed premises
and alcoholic beverages in the original package for consumption off
the licensed premises from 1:00 P.M. to 12:00 A.M. Midnight on Sunday,
upon payment of the required license fee to the Director for each
such license.
A C.O.L. license may be issued for the consumption of alcoholic
beverages in or upon premises which do not possess a license for the
sale of alcoholic beverages and where food, beverages or entertainment
are sold or provided for compensation. The drinking or consumption
of alcoholic beverages shall not be permitted under a C.O.L. license
between the hours of 1:30 A.M. and 6:00 A.M. on any weekday and between
the hours of 12:00 Midnight Saturday and 12:00 Midnight Sunday. Licenses
issued hereunder shall be conditioned upon the observance of the provisions
of this Chapter and the laws, rules and regulations of the State of
Missouri governing the conduct of premises licensed for the sale of
intoxicating liquor by the drink.
A.Â
A C.O.L. license may be issued to a club, organization or association
which is private and non-profit and where either food, beverages or
entertainment are provided for compensation in the form of dues, fees
or special assessments, upon payment of the required license fee to
the Director.
B.Â
A C.O.L. license may be issued to commercial establishments or establishments
which are commercial in nature where either food, beverages or entertainment
are provided for compensation of any kind upon payment of the required
license fee to the Director.
C.Â
A one-day C.O.L. license for dance halls may be issued upon payment
of the required license fee to the Director. Applications for each
one-day C.O.L. license must be filed and approved by the Director
at least three (3) weeks prior to the date when the one-day C.O.L.
license is to become effective.
A license shall be issued to all applicants who have complied
with this Chapter licensing such applicant to sell at retail alcoholic
beverages in the original package on the licensed premises upon payment
of the required license fee to the Director for each such license.
A license shall be issued to all applicants who have complied
with this Chapter licensing such applicant to sell at retail five
percent (5%) beer or non-intoxicating beer in the original package
on the licensed premises upon payment of the required license fee
to the Director for each such license.
A.Â
False Statements. It shall be unlawful for any person in obtaining
or attempting to obtain a license to make any materially false statements
in the application for such license.
B.Â
Incomplete Information. It shall be unlawful for any person to fail
to make a complete disclosure of all pertinent and material information
required in the application for a license.
C.Â
Assignment Or Transfer Prohibited. All licenses issued pursuant to
the terms of this Chapter are personal and it shall be unlawful for
such licenses to be assigned or transferred.
1.Â
Provided however, in the event of the death of a retail licensee,
any bona fide relative, of such deceased licensee, who shall meet
the individual requirements of this Chapter, may be licensed to operate
the business of the licensee for the remainder of the period for which
a license fee has been paid and it shall not be necessary for such
relative to secure a new license until the expiration of the license
issued to the deceased licensee.
2.Â
Provided further, that if one (1) or more members of a partnership
withdraws from the partnership, the Director, upon application, shall
permit the remaining partner or partners originally licensed to continue
the operation under the original license for the remainder of the
period for which the license fee has been paid and it shall not be
necessary for the remaining partner or partners to secure a new license
until the expiration of the license.
D.Â
Changing Corporate Ownership. Any change in the officers, directors
or shareholders of any corporation, partnership or firm holding a
license under this Chapter shall be reported to the Director for approval
prior to the effective date of the change. Any failure to make such
a report shall be unlawful and may, at the discretion of the Director,
result in suspension or revocation of the license.
No license provided for by this Chapter shall be issued to any
individual except in conformity with the following:
A.Â
Such individual is to be in fact actively engaged in the actual control
and management of the particular alcoholic beverage or C.O.L. establishment
for which a license is sought.
B.Â
Such individual is twenty-one (21) years of age or over.
C.Â
Such person is of good moral character, is qualified to hold an alcoholic
beverage license in the State of Missouri, and that such person has
never been the holder of an alcoholic beverage license or permit which
has been revoked by any City or any State.
No license provided for in this Chapter shall be issued to any
corporation except in conformity with the following:
A.Â
All the officers and directors of such corporations are persons of
good moral character.
B.Â
The managing officer of the corporation is a person who is eligible
for a license as an individual under the provisions of this Chapter.
C.Â
Such corporation has not been the holder of a license or permit which
has been revoked by any City or State.
A.Â
Permit Classifications. The Director shall issue the following permits
to all individuals employed by any licensee:
1.Â
Adult Permit. Any individual twenty-one (21) years of age or
older shall obtain an employee's permit from the Director allowing
the person to act in any capacity upon the licensed premises. The
permit shall be valid for a period of two (2) years and shall remain
valid only as long as the employee continues as an employee for the
employer specified on his/her permit card.
2.Â
Minor Permit. Persons eighteen (18) years of age or older, but
less than twenty-one (21) years of age, may receive a permit to act
in the following capacities upon licensed premises:
a.Â
On licensed premises where at least fifty percent (50%) of the
gross sales made consist of goods, merchandise or commodities other
than alcoholic beverages in the original package, permittee may stock,
arrange displays, accept payment for, and sack for carry out intoxicating
liquor or non-intoxicating beer.
b.Â
When acting in the capacity of a waiter or waitress, permit
holders may accept payment for or serve intoxicating liquor or non-intoxicating
beer in places of business which sell food for consumption on the
premises if at least fifty percent (50%) of all sales in those places
consist of food; provided that nothing in this Subsection shall authorize
persons under twenty-one (21) years of age to mix or serve across
the bar intoxicating beverages or non-intoxicating beer.
c.Â
In any distillery, warehouse, wholesale distributorship, or
similar place of business which stores or distributes intoxicating
liquor or non-intoxicating beer but which does not sell intoxicating
liquor or non-intoxicating beer at retail, permit holders may be employed
and their duties may include the handling of intoxicating liquor or
non-intoxicating beer for all purposes except consumption, sale at
retail, or dispensing for consumption or sale at retail. The permit
issued pursuant to this Subsection shall be valid until the holder's
21st birthday as long as the permit holder remains employed by the
employer designated on the minor permit.
3.Â
Youth Permit. Persons under eighteen (18) years of age may be
employed by license holders if at least fifty percent (50%) of the
gross sales made consist of goods, merchandise, commodities or food
other than alcoholic beverages, provided that such individuals shall
have no contact whatsoever with alcoholic beverages, including the
sale, stocking, sacking or serving of such alcoholic beverages. Holders
of youth permits shall normally be employed by restaurants, grocery
stores and convenience stores. The permit issued pursuant to this
Subsection shall be valid until the holder's 18th birthday as long
as the permit holder remains employed by the employer designated on
the youth permit.
B.Â
Obtaining Permit.
1.Â
Each applicant must make written application to the Director
and must be fingerprinted by the Police Department. Each applicant
for an adult or minor permit shall pay the Director the sum of five
dollars ($5.00) as an application fee. Upon the expiration of any
permit set forth in the previous Subsections, the applicant must obtain
a new permit under the procedure described in this Subsection.
2.Â
Any employee under the age of twenty-one (21) years employed
on a sale by drink or C.O.L. license premises shall first furnish
the Director, on a form supplied by the Director, a written consent
signed by the employee's parent or legal guardian. All such consents
shall be accompanied by a copy of the employee's birth certificate.
Both the signed consent form and the copy of the birth certificate
shall remain on file with the Director.
C.Â
Invalidation Or Suspension. In the event any permitted employee becomes
a Police character, or a person not of good moral character, or is
convicted in court of any felony, his/her permit shall become invalid.
If any permitted employee shall be found guilty of violating or contributing
to the violation of any of the provisions of this Chapter or the liquor
control laws, rules or regulations of the State of Missouri, his/her
permit shall be subject to suspension by the Director.
A.Â
No Permit. It shall be unlawful for any licensee to have in his/her
employ any person who does not have an employee's permit issued by
the Director.
B.Â
False Representation. It shall be unlawful for any person to use
or possess any false or falsified employee's permit issued or purporting
on its face to have been issued by the Director for the purpose of
using such permit to obtain employment in or to purchase alcoholic
beverages from any premises granted a license under the provisions
of this Chapter or to misrepresent to any licensee, his/her agent,
servant or employee or to the Director, his/her authorized agents
or any member of the Police Department, that person's age to be twenty-one
(21) years or older.
C.Â
Falsifying Permit. It shall be unlawful for any person to manufacture,
forge, reproduce in any way or to otherwise falsify an employee's
permit issued, or purported on its face to have been issued, by the
Director, or to give, lend, sell or otherwise provide to any person
a false, falsified, manufactured, forged or reproduced employee's
permit issued by the Director.
D.Â
Use Of Another's Permit. It shall be unlawful for any lawful holder
of an employee's permit issued by the Director to give, lend, sell
or otherwise provide such permit to any other person, or for any person
not the lawful holder of such permit to use the same for any purpose
declared to be unlawful by the provisions of this Chapter, or to give,
lend, sell or otherwise provide such permit to any other person.
A.Â
Form And Contents. Any person desiring to secure a license under
the terms of this Chapter shall make application therefore to the
Director in writing and under oath upon such application form as supplied
by the Director. Each question on the application form shall be considered
material to the issuance of the license and each question on such
application form must be answered in full by the applicant.
B.Â
Fingerprints. All applicants for licenses under this Chapter shall
be fingerprinted by the Police Department. If the applicant is a partnership,
all partners shall be fingerprinted. If the applicant is a corporation,
the managing officer shall be fingerprinted. The Director, in his/her
discretion, may require the officers, directors and shareholders holding
more than ten percent (10%) interest in a corporation to be fingerprinted.
C.Â
Execution Of Application. Application for a license under this Chapter
shall be made by the individual who is to be, in fact, actively engaged
in the actual control and management of the particular alcoholic beverage
or C.O.L. establishment for which such license is sought.
D.Â
Supplemental Reports. The licensee, upon request of the Director,
shall file a supplemental report within fifteen (15) days of any loan
made to the licensee of money or credit relating directly or indirectly
to the licensed business.
A.Â
Liquor Control Investigation. The Director shall cause an immediate
investigation to be made of the statements contained in each new application
for an alcoholic beverage license as well as the character, background,
associates, financial investments and indebtedness of the applicant.
The suitability of the location and surrounding conditions of the
proposed premises shall also be investigated.
B.Â
Police Investigation. Upon receipt of a new application, the Director
shall forward immediately to the Director of Public Safety a copy
of said application along with the fingerprints of the applicant.
The Director of Public Safety shall investigate all records available
to the Police Department and shall furnish all pertinent information
to the Director.
C.Â
Fire, Health And Building Inspections. The Director may at any reasonable
time, or upon new application or renewal application, request the
Zoning Enforcement Officer to make investigation of the licensed premises
and the equipment and furnishings thereon to determine if the premises
are in compliance with all the requirements of all City fire, health
and building ordinances.
D.Â
Ongoing Inspections. The Director may at any reasonable time enter
and inspect the licensed premises in order to determine if there are
any violations of this Chapter on the premises.
E.Â
The Director may also require each licensee to produce for examination
the books, records and papers of the licensee by issuance of an appropriate
subpoena duces tecum in order to determine if there are any violations
of this Chapter.
Any person doing business outside the City limits in an area
which is annexed by the City shall be eligible to apply within fifteen
(15) days after annexation for a City license within the classification
to which he/she is entitled at the time of annexation.
A.Â
Renewal applications shall be filed with the Director not less than
thirty (30) days nor more than sixty (60) days prior to the expiration
of the existing license. The applicant shall execute a renewal application
indicating that all information provided on the original application
is correct as stated and requiring that any new or different information
be provided and explained by the applicant.
B.Â
If any application contains information which does not justify a
license renewal or if the Director has other information that the
applicant has not met all of the other requirements of this Chapter,
the Director in his/her discretion may refuse to renew such license.
In the event of such refusal, the applicant shall be entitled to request
a hearing before the Board of Aldermen in the manner provided in this
Chapter.
C.Â
If any licensee should fail to file the application for license renewal
during the prescribed time, the Director shall notify that licensee
that the license will lapse and that operation shall be suspended
upon expiration of the original license until the renewal application
is filed and processed.
A.Â
Application. A licensee must file written application for permission
to transfer a license to a different location. The application must
be in writing on forms provided by the Director and shall be submitted
to the Director along with an application fee of twenty-five dollars
($25.00).
B.Â
Processing. Any application for a transfer of location shall be processed
by the Director when received. The Director may refuse to approve
any transfer of the business of a licensee whenever such licensed
business is under citation by the City or the State Department of
Liquor Control and the matter has not yet been finally adjudicated.
Whenever a license issued under this Chapter is lost or destroyed,
a duplicate in lieu thereof may be issued by the Director to the licensee.
The licensee shall make application under oath upon a form supplied
by the Director, and the applicant shall specify the approximate date
upon which the license was lost or destroyed and the circumstances
under which the license was lost or destroyed.
A.Â
Distance From Churches Or Schools. No alcoholic beverage license
shall be issued for any premises when said premises is within three
hundred (300) feet of a school or church, measured from the nearest
point of the enclosing wall of the premises to the nearest point of
the school or church building, except that this prohibition shall
not apply when a school, church or place of worship should move within
three hundred (300) feet of an existing licensed premises.
B.Â
Discretion. In passing upon any application for a license under this
Chapter, the Director shall have the authority to take into consideration
the location of the proposed business and the density of alcoholic
beverage licenses in the area for which a license is sought, and shall
have authority to refuse to grant such license when in his/her judgment
such issuance shall not be in the best interest of the locality involved.
Nothing contained in this Chapter shall affect the location
of an alcoholic beverage establishment legally located before and
continuously operated since the adoption of this Chapter.
[Ord. No. 2003-12-08-03 § 1, 12-8-2003]
A.Â
No license shall allow the consumption of, sell, give away or otherwise
dispose of any alcoholic beverages or allow the same to be done on
or about the licensed premises between the hours of 1:30 A.M. and
6:00 P.M., Monday through Saturday, and between the hours of 9:00
A.M. Sunday and 6:00 A.M. Monday. Licensees who have been issued restaurant-bar
licenses in conformance with this Chapter may remain open to sell
alcoholic beverages for consumption on the licensed premises and alcoholic
beverages in the original package for consumption off the licensed
premises from 9:00 A.M. to 12:00 A.M. Midnight on Sunday, in addition
to the legal hours and days set forth above. A holder of a three and
two-tenths percent (3.2%) non-intoxicating beer by drink sales license,
issued pursuant to the provisions of this Chapter, may sell such beer
at retail on Sundays between the hours of 9:00 A.M. and 12:00 A.M.
Midnight, provided however, that all such sales at retail of non-intoxicating
beer for consumption on the premises shall only be made if at least
fifty percent (50%) of the gross income of the licensed establishment
is derived from prepared meals and food.
B.Â
When December 31st falls on a Sunday, any holder of a retail liquor
by drink sales license may be open for business and sell alcoholic
beverages by the drink under the provisions of his/her license on
that day after 9:00 A.M. and until 1:30 A.M. Monday, notwithstanding
any provisions herein to the contrary.
A.Â
Responsibility Of Licensee. Licensees are at all times responsible
for the conduct of their business and at all times responsible for
any act or conduct of any employee on the premises which is in violation
of this Chapter. It shall be the duty and responsibility of the licensee
and the person in charge of the licensed premises at all times to
supervise the operation and conduct of business in a diligent manner
and to make reasonably certain that this Chapter is not violated.
B.Â
Display Of License.
1.Â
The licensee shall post the license issued pursuant to this
Chapter upon the licensed premises and shall display said license
at all times during the term of the license in a conspicuous place
on the premises so that all persons visiting the premises may readily
see the same. The license shall be posted before the licensee commences
doing any business during the license term.
2.Â
No licensee shall post such license or allow such license to
be posted upon premises other than the premises licensed or upon premises
where traffic in alcoholic beverages is being carried on by any person
other than the licensee. No licensee shall knowingly deface, destroy
or alter any such license in any respect.
C.Â
Closed Place.
1.Â
The premises of any retail liquor by drink sale license or C.O.L.
license shall be and remain a closed place at the times and upon the
days during which the sale or consumption of alcoholic beverages is
prohibited by this Chapter. Where the licenses are held by clubs,
motels and hotels, this prohibition shall only apply to the premises
where alcoholic beverages are dispensed or consumed. Where such licenses
are held by restaurants where substantial quantities of food are served,
then the licensee shall keep securely locked during the hours and
upon the days specified all refrigerators, cabinets, cases, boxes
and taps from which alcoholic beverages are dispensed.
2.Â
All holders of packages sales licenses whose place of business
remains open on the days and at the hours when the sale and consumption
of alcoholic beverages is prohibited by law, shall at all times upon
such days and at such hours keep all alcoholic beverages securely
under lock and key in such a manner that alcoholic beverages cannot
be removed without unlocking a lock.
A.Â
Any aggrieved person may file a written request with the Board of
Aldermen requesting the review of any decision of the Director to
issue, deny, suspend or revoke any license or permit. Such written
request shall be filed in City Hall with the City Clerk within ten
(10) days after the Director's decision.
B.Â
Upon receipt of a request for review, the Board of Aldermen shall
set a date for hearing at which it will investigate, examine and review
the Director's decision. The Board of Aldermen may set aside any of
the Director's actions if the majority of the members of the Board
determine that the act should be altered and the Board may order the
Director to issue a license or permit as necessary.
C.Â
Any applicant for a Board review hearing shall post a cash bond in
the amount of two hundred fifty dollars ($250.00) with the City Collector
to secure the cost of such appeal. If the Director's decision is reversed
in all respects by the Board of Aldermen, the Board shall charge all
costs to the City and refund the full two hundred fifty dollars ($250.00)
bond to the appellant. If, however, the Board sustains the Director
on any finding, the cost of review shall be deducted from the two
hundred fifty dollars ($250.00) bond with the remaining amount, if
any, to be refunded to the appellant.
[Ord. No. 2007-03-12-06 § 1, 3-12-2007]
A.Â
Unlicensed Sale. No licensee shall sell any alcoholic beverages in
any fashion other than that permitted by his/her license.
B.Â
Alcoholic Beverages Outside Licensed Premises. No holder of a sale
by the drink license shall allow any alcoholic beverages to be removed
from the licensed premises in any fashion other than in the original
package.
C.Â
Purchase By Minor. It shall be unlawful for any person under the
age of twenty-one (21) years to purchase alcoholic beverages.
D.Â
Possession By Minor. No person under the age of twenty-one (21) years
shall have in his/her possession, either on his/her person or in a
vehicle in which he/she is riding or sitting (unless when such minor
is accompanied by a parent or lawful guardian), any alcoholic beverages.
A person under the age of twenty-one (21) shall be deemed to be in
possession of alcoholic beverages on his/her person if the person
is visibly intoxicated, or if the person has a detectable blood alcohol
content of more than two-hundredths of one percent (0.02 of 1%) by
weight of alcohol in such person's blood. For purposes of this Section,
a person is "visibly intoxicated" when inebriated to such an extent
that the impairment is shown by significantly uncoordinated physical
action or significant physical dysfunction.
E.Â
Acquisition For Minors. It shall be unlawful for any person to purchase
or in any way obtain alcoholic beverages for any person under the
age of twenty-one (21) years. In addition, it shall be unlawful for
any person to obtain, convey, make available or deposit alcoholic
beverages in any place where such person knows, or by the exercise
of reasonable care should know, that a person or persons under the
age of twenty-one (21) years are likely to come into possession of
the same.
F.Â
Sale To Minors. No licensee, or employee, agent or servant of such
licensee, shall sell, give away or otherwise dispose of alcoholic
beverages to any person who is under the age of twenty-one (21) years.
G.Â
Misrepresentation Of Age. It shall be unlawful for any person under
the age of twenty-one (21) years to misrepresent his/her age or make
a false statement wilfully about his/her age to anyone for the purpose
of purchasing or in any way obtaining alcoholic beverages.
H.Â
Sale To Intoxicated Persons. No licensee, or employee, agent or servant
of such licensee shall sell, give away or otherwise dispose of alcoholic
beverages to any person who is intoxicated or who is actually or apparently
under the influence of alcoholic beverages.
I.Â
Intoxicated Persons On Premises. No licensee shall allow any person
who is intoxicated or under the influence of an alcoholic beverage
to remain on the licensed premises.
J.Â
Serving Or Delivering To Vehicles. No licensee shall serve or deliver
any alcoholic beverages to any person who is in or about any motor
car or other vehicle.
K.Â
Alcoholic Beverages Brought On Premises. It shall be unlawful for
any person to take alcoholic beverages into or upon any premises covered
by a sales by drink license for the purpose of consuming such alcoholic
beverages in any form on such premises. In addition, it shall be unlawful
for any licensee to allow any person to take alcoholic beverages into
or upon any premises covered by a sales by drink license.
L.Â
Consumption On Packaged Licensed Premises. It shall be unlawful for
any holder of a package sales license to allow the consumption of
any alcoholic beverages in or upon the licensed premises. It shall
be unlawful for any person to consume alcoholic beverages on such
premises.
M.Â
Sale Other Than Original Package. It shall be unlawful for the holder
of any package sales license to sell, dispense or give away alcoholic
beverages in any fashion other than in the original package.
N.Â
Inducement To Drink. It shall be unlawful for any holder of a sales
by the drink license or a C.O.L. license to give away alcoholic beverage
either in drinks or otherwise, either with or without food, or to
charge any less price for such drinks when served with food than served
without food. In addition, it shall be unlawful for any such licensee
to give away food with any drink sold or to offer any food free as
an inducement to customers to purchase alcoholic beverages.
O.Â
Disorderliness And Indecency. No licensee shall allow in or upon
the licensed premises any disturbances, disorderliness, lewdness,
immoral activities, brawls, or any indecent, profane or obscene language,
songs, entertainment, literature or advertising material, nor shall
the licensee cause to have printed or distributed any lewd, immoral,
indecent or obscene literature or advertising material. No licensee
shall allow any bartender, bar maid, waitress, hostess or servant
to appear on the licensed premises in a condition where either the
breasts, the pelvic areas or the buttocks are not covered with opaque
clothing, nor shall any employee appear on the licensed premises in
such a condition. No licensee shall allow any employer or entertainer
employed by the licensee or any patron to perform a dance of any kind
whatever upon the bar or upon any other place used for serving food
or beverages or in any place within the licensed premises open to
public view from the sidewalk or street. No licensee shall allow either
an exotic dance or striptease dance to be performed except as hereinafter
provided:
1.Â
Such dance shall be performed on a raised dais or platform containing
not less than one hundred (100) square feet of surface raised at least
eighteen (18) inches from the floor level where patrons may be seated
or standing.
2.Â
Such dais must at every point be not less than six (6) feet
from the nearest patron.
3.Â
Such dance shall not be performed in any place within the licensed
premises which is open to public view from the sidewalk or street.
P.Â
No licensee shall allow upon the premises covered by such license
any gambling of any kind or character for money, trade checks, prizes,
merchandise, free drinks or food, free plays of pinball or video games,
or any other consideration whatsoever.
A.Â
Any person violating any provision of this Chapter shall be deemed
guilty of a misdemeanor. The Municipal Court shall have the power
to hear and determine the alleged violations of the provisions of
this Chapter. Upon conviction of any violation of this Chapter, the
defendant shall be punished by a fine of not less than twenty-five
dollars ($25.00) nor more than five hundred dollars ($500.00), or
by imprisonment in the County Jail for a term not to exceed ninety
(90) days, or by both such fine and imprisonment.
B.Â
Each day that a violation of this Chapter continues shall be deemed
a separate offense.
