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
112.026 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
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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