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§ 112.011 LICENSE FEES; FIXING AND REFUNDMENT.
   (A)   Fixing fees. Except as otherwise specifically provided, all fees for licenses provided for in this chapter, including but not by way of limitation license fees, investigation and administration fees, shall be fixed and determined by the Council, adopted by resolution and uniformly enforced. These fees may, from time to time, be amended by the Council by resolution; provided, however, that before any fee shall be increased, a 30-day notice shall be mailed to all affected licensees and a hearing held thereon. A copy of the resolution shall be kept on file in the office of the City Administrator/Clerk-Treasurer and open to inspection during regular business hours. For the purpose of fixing the fees, the Council may categorize and classify, provided, that the categorization and classification shall be included in the resolution authorized by this section.
   (B)   Refundment. A pro rata share of an annual license fee for a license to sell alcoholic beverages, either on-sale or off-sale, shall be refunded to the licensee, or to his or her estate, if:
      (1)   The business ceases to operate because of destruction or damage;
      (2)   The licensee dies; or
      (3)   The business ceases to be lawful for a reason other than a license revocation or suspension.
(1989 Code, § 5.11) (Ord. 10, 2nd Ser., eff. 12-9-1994)
§ 112.012 FINANCIAL RESPONSIBILITY OF LICENSEES.
   (A)   Proof. No alcoholic beverage license shall be issued or renewed unless and until the applicant has provided proof of financial responsibility, imposed by statute, by filing with the city:
      (1)   A certificate that there is in effect an insurance policy or pool providing minimum coverages in the following amounts, effective May 12, 2011:
         (a)   At least $50,000 because of bodily injury to any one person in any one occurrence, and, subject to the limit for one person, in the amount of $100,000 because of bodily injury to two or more persons in any one occurrence, and in the amount of $10,000 because of injury to or destruction of property of others in any one occurrence;
         (b)   Fifty thousand dollars for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $100,000 for loss of means of support of two or more persons in any one occurrence; and
         (c)   Fifty thousand dollars for other pecuniary loss of any one person in any one occurrence, and $100,000 for other pecuniary loss of two or more persons in any one occurrence; an annual aggregate of $300,000 may be included in the insurance coverage.
      (2)   A bond of a surety company with minimum coverages as provided in division (A)(1) of this section; or
      (3)   A certificate of the State Treasurer that the licensee has deposited with him or her $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000.
   (B)   Exception. This section does not apply to on-sale beer licensees with sales of beer of less than $25,000 for the preceding year, nor to off-sale beer licensees with sales of beer of less than $50,000 for the preceding year, nor does it apply to holders of on-sale wine licenses with sales of wine of less than $25,000 for the preceding year. An affidavit of the licensee shall be required to establish the exemption under this division (B).
   (C)   Documents submitted to Commissioner. All proofs of financial responsibility and exemption affidavits filed with the city under this section shall be submitted by the city to the Commissioner.
(1989 Code, § 5.12) (Ord. 29, 2nd Ser., eff. 5-14-1999; Ord. 59, 2nd Ser., passed 5-3-2011)
§ 112.013 INSURANCE CERTIFICATE REQUIREMENTS.
   Whenever an insurance certificate is required by this chapter the applicant shall file with the City Administrator/Clerk-Treasurer a certificate of insurance showing that the limits are at least as high as required; that coverage is effective for at least the license term approved; and that the insurance will not be canceled or terminated without 30 days’ written notice served upon the City Administrator/Clerk-Treasurer. Cancellation or termination of the coverage shall be grounds for license revocation.
(1989 Code, § 5.13)
PROHIBITIONS
§ 112.025 MINORS AS DEFINED IN § 112.001; UNLAWFUL ACTS.
   (A)   Consumption. It is unlawful for any:
      (1)   Licensee to permit any minor to consume alcoholic beverages on licensed premises; or
      (2)   Minor to consume alcoholic beverages except in the household of the minor’s parent or guardian, and then only with the consent of the parent or guardian.
   (B)   Purchasing. It is unlawful for any:
      (1)   Person to sell, barter, furnish or give alcoholic beverages to a minor unless the person is the parent or guardian of the minor, and then only for consumption in the household of the parent or guardian;
      (2)   Minor to purchase or attempt to purchase any alcoholic beverage; or
      (3)   Person to induce a minor to purchase or procure any alcoholic beverage.
   (C)   Possession. It is unlawful for a minor to possess any alcoholic beverage with the intent to consume it at a place other than the household of the minor’s parent or guardian. Possession of an alcoholic beverage by a minor at a place other than the household of the parent or guardian is prima facie evidence of intent to consume it at a place other than the household of his or her parent or guardian.
   (D)   Entering licensed premises. It is unlawful for any minor, as defined in this chapter, to enter licensed premises for the purpose of purchasing or consuming any alcoholic beverage. It is not unlawful for any person who has attained the age of 18 years to enter licensed premises for the following purposes: to perform work for the establishment, including the serving of alcoholic beverages, unless otherwise prohibited by statute; to consume meals; and to attend social functions that are held in a portion of the establishment where liquor is not sold. It is unlawful for a licensee to permit a person under the age of 18 years to enter licensed premises unless attending a social event at which alcoholic beverages are not served, or in the company of a parent or guardian.
   (E)   Misrepresentation of age. It is unlawful for a minor to misrepresent his or her age for the purpose of purchasing an alcoholic beverage.
   (F)   Proof of age. Proof of age for purchasing or consuming alcoholic beverages may be established only by a valid driver’s license or identification card issued by this state, another state or a province of Canada, and including the photograph and date of birth of the licensed person; or by a valid military identification card issued by the United States Department of Defense; or, in the case of a foreign national, from a nation other than Canada, by a valid passport.
(1989 Code, § 5.14) (Ord. 29, 2nd Ser., eff. 5-14-1999) Penalty, see § 112.999
§ 112.026 GAMBLING PROHIBITED.
   It is unlawful for any licensee to keep, possess or operate, or permit the keeping, possession or operation on licensed premises of dice or any other gambling device, or permit raffles to be conducted, except those as are authorized by statute or the city code.
(1989 Code, § 5.15) Penalty, see § 112.999
§ 112.027 CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES ON STREETS, PUBLIC PROPERTY AND PRIVATE PARKING LOTS TO WHICH THE PUBLIC HAS ACCESS.
   It is unlawful for any person to consume, or possess in an unsealed container, any alcoholic beverage on any city park, street, public property or private parking lot to which the public has access, except on premises when and where permission has been specifically granted or licensed by the Council; provided, that this section shall not apply to the possession of an unsealed container in a motor vehicle when the container is kept in the trunk of the vehicle if it is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. For the purpose of this section, a utility or glove compartment shall be deemed to be within the area occupied by the driver or passengers.
(1989 Code, § 5.16) Penalty, see § 112.999
§ 112.028 ALCOHOLIC BEVERAGES IN CERTAIN BUILDINGS AND GROUNDS.
   It is unlawful for any person to introduce upon or have in his or her possession upon or in any school ground, any schoolhouse or school building, any alcoholic beverage, except for experiments in laboratories and except for those organizations who have been issued temporary licenses to sell beer, and for any person to possess beer as a result of a purchase from those organizations holding temporary licenses.
(1989 Code, § 5.17) Penalty, see § 112.999
§ 112.029 ALCOHOLIC BEVERAGES; CERTAIN UNLAWFUL ACTS.
   It is unlawful for any:
   (A)   Person to knowingly induce another to make an illegal sale or purchase of an alcoholic beverage;
   (B)   Licensee to sell or serve an alcoholic beverage to any person who is obviously intoxicated;
   (C)   Licensee to fail, where doubt could exist, to require adequate proof of age of a person upon licensed premises;
   (D)   Licensee to sell an alcoholic beverage on any day or during any hour when the sales are not permitted by law;
   (E)   Licensee to allow consumption of an alcoholic beverage on licensed premises on any day or during any hour when the consumption is not permitted by law; or
   (F)   Person to purchase an alcoholic beverage on any day or during any hour when the sales are not permitted by law.
(1989 Code, § 5.18) Penalty, see § 112.999
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