CHAPTER 112: ALCOHOLIC BEVERAGES LICENSING AND REGULATION
Section
General Regulations
   112.001   Definitions
   112.002   Applications and licenses under this chapter; procedure and administration
   112.003   Renewal license applications
   112.004   Delinquent taxes and charges
   112.005   Conditional licenses
   112.006   Premises licensed
   112.007   Unlawful acts
   112.008   Conduct on licensed premises
   112.009   Sale by employee
   112.010   License condition and unlawful act
   112.011   License fees; fixing and refundment
   112.012   Financial responsibility of licensees
   112.013   Insurance certificate requirements
Prohibitions
   112.025   Minors as defined in § 112.001; unlawful acts
   112.026   Gambling prohibited
   112.027   Consumption and possession of alcoholic beverages on streets, public property and private parking lots to which the public has access
   112.028   Alcoholic beverages in certain buildings and grounds
   112.029   Alcoholic beverages; certain unlawful acts
   112.030   Nudity or obscenity
Beer
   112.045   Beer license required
   112.046   Temporary beer license
   112.047   Hours and days of beer sales
Liquor
   112.060   Liquor license required
   112.061   Sunday sales
   112.062   Hours and days of liquor sales
Wine
   112.075   On-sale wine license required
   112.076   Hours and days of wine sales
Liquor and On-Sale Wine License Restrictions, Regulations and Unlawful Acts
   112.090   Limitations on issuance of licenses to one person or place
   112.091   Licenses in connection with premises of another
   112.092   Off-sale licenses where beer is sold
   112.093   Employment of minors
   112.094   Premises eligible
   112.095   Number of licenses
Club Licenses
   112.110   Club license restrictions and regulations; unlawful acts
Consumption and Display Licenses
   112.125   License required; restrictions and regulations
   112.126   One-day license
 
   112.999   Penalty
GENERAL REGULATIONS
§ 112.001 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALCOHOLIC BEVERAGE. Any beverage containing more than 0.5% alcohol by volume, including but not limited to beer, wine and liquor as defined in this section.
   APPLICANT. Any person making an application for a license under this chapter.
   APPLICATION. A form with blanks or spaces thereon, to be filled in and completed by the applicant as his or her request for a license, furnished by the city and uniformly required as a prerequisite to the consideration of the issuance of a license for a business.
   BEER. Malt liquor containing not less than 0.5% alcohol by volume nor more than 3.2% alcohol by weight. (This definition includes so-called “malt coolers” with the alcoholic content limits stated in state law.)
   BREWER. A person who manufactures beer for sale.
   CLUB. An incorporated organization organized under the laws of the state for civic, fraternal, social or business purposes, for intellectual improvement, for the promotion of sports, or a congressionally chartered veterans’ organization, which has more than 50 members; has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; and is directed by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent or employee shall receive any profit from the distribution or sale of beverages to the members of the CLUB or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. The CLUB or congressionally chartered veterans’ organization must have been in existence for at least three years.
   COMMISSIONER. The State Commissioner of Public Safety.
   EXCLUSIVE LIQUOR STORE. An establishment used exclusively for the sale of liquor except for the incidental sale of ice, tobacco, beer, beverages for mixing with liquor, soft drinks, cork extraction devices and books and videos on the use of alcoholic beverages in the preparation of food, and the establishment may offer recorded or live entertainment. EXCLUSIVE LIQUOR STORE also includes an on-sale or combination on-sale and off-sale liquor establishment which sells food for on-premises consumption when authorized by the city.
   HOTEL. An establishment where food and lodging are regularly furnished to transients and which has a dining room serving the general public at tables and having facilities for seating at least 30 guests at one time, and at least ten guest rooms.
   LICENSE. A document, issued by the city, to an applicant permitting him or her to carry on and transact the business stated therein.
   LICENSE FEE. The money paid to the city pursuant to an application and prior to issuance of a license to transact and carry on the business stated therein.
   LICENSED PREMISES. The premises described in the issued license.
   LICENSEE. An applicant who, pursuant to his or her approved application, holds a valid, current, unexpired license, which has neither been revoked nor is then under suspension, from the city for carrying on the business stated therein.
   LIQUOR. Ethyl alcohol and distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2% of alcohol by weight. (This definition includes so-called “wine coolers” and “malt coolers” with the alcoholic content limits stated in state law.)
   MALT LIQUOR. Any beer, ale or other beverage made from malt by fermentation and containing not less than 0.5% alcohol by volume.
   MANUFACTURER. Every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending or by the combination of different materials, prepares or produces alcoholic beverages for sale.
   MINOR. Any natural person who has not attained the age of 21 years.
   OFF-SALE. The sale of alcoholic beverages in original packages for consumption off the licensed premises only.
   ON-SALE. The sale of alcoholic beverages for consumption on the licensed premises only.
   PACKAGE and ORIGINAL PACKAGE. Any container or receptacle holding alcoholic beverages, which container or receptacle is corked, capped or sealed by a manufacturer or wholesaler.
   RESTAURANT. An establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly served at tables to the general public, and having seating capacity for at least 30 guests.
   SALE, SELL and SOLD. All barters and all manners or means of furnishing alcoholic beverages to persons, including furnishing in violation or evasion of law.
   WHOLESALER. Any person engaged in the business of selling alcoholic beverages to a licensee from a stock maintained in a warehouse.
   WINE. A beverage made without rectification or fortification by the fermentation of sound ripe grapes, grape juice, other fruits or honey, and also carbonated wine, wine made from condensed grape must, wine made from other agricultural products imitation wine, compounds sold as wine, vermouth, cider, perry and sake, containing not less than 0.5% nor more than 14% alcohol by volume. (This definition includes so-called “wine coolers” with the alcoholic content limits stated in state law.)
(1989 Code, § 5.01) (Ord. 29, 2nd Ser., eff. 5-14-1999)
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