(A) Definition. “Restricted hours of operation,” as used herein, shall mean the times when no sales or serving of intoxicating liquor, wine or 3.2% malt liquor shall be made in any establishment in the city.
(B) Hours. Restricted hours of operation shall be as follows:
(1) Monday through Saturday. No sales between 12:45 a.m. and 8:00 a.m. No sales between 1:45 a.m. and 8:00 a.m. for establishments holding an optional State 2:00 A.M. Closing License.
(2) Sunday.
(a) No sales between 12:45 a.m. and 10:00 a.m. for establishments having both on-sale wine and 3.2% malt liquor licenses and establishments having a special license for Sunday liquor sales. No sales between 1:45 a.m. and 10:00 a.m. for establishments holding an optional State 2:00 A.M. Closing License.
(b) No sales between 12:45 a.m. and 10:00 a.m. for establishments having only an on-sale 3.2% malt liquor license. No sales between 1:45 a.m. and 10:00 a.m. for establishments holding an optional State 2:00 A.M. Closing License.
(c) No sales after 12:45 a.m. for on-sale intoxicating liquor and club licensees and no sales after 1:45 a.m. for establishments holding an optional state 2:00 a.m. Closing License. All on-sale intoxicating liquor and club licensees that hold a special license for Sunday liquor sales may sell intoxicating liquor for consumption on premises between 8:00 a.m. Sunday and 12:45 a.m. Monday or between 8:00 a.m. Sunday and 1:45 a.m. Monday with an optional State 2:00 a.m. Closing License.
(3) Consumption. No person shall consume nor shall any licensee permit any consumption of intoxicating liquor, wine or 3.2% malt liquor in the licensed premises more than 30 minutes after the time when a sale can legally occur.
(4) Removal of containers. No licensee shall permit any glass, bottle or other container containing intoxicating liquor, wine or 3.2% malt liquor in any quantity to remain upon any table, bar, stool or other place where customers are served, more than 30 minutes after the time when a sale can legally occur.
(5) Closing.
(a) Restrictions.
1. Except as otherwise provided in this division, no person, other than a licensee's bona fide employees actually engaged in the performance of their duties shall be in the licensed premises more than 35 minutes after the time when a sale can legally occur. The licensee's employees shall neither be in the licensed premises more than 75 minutes after the time when a sale can legally occur, nor permit any non-employee person to be in the licensed premises more than 35 minutes after the time when a sale can legally occur. No person shall be in the licensed premises until 4:00 a.m., next following the closing.
2. These provisions shall not apply to any separate part of the premises which are open to the general public for business purposes unrelated to the sale of intoxicating liquor, wine or 3.2% malt liquor or to premises for which a concessionaire on-sale intoxicating liquor license has been issued.
(b) Exception.
1. Notwithstanding the provisions of subsection (a) above, the licensee or any employee, servant or agent thereof, may be present in the licensed premises during the time period in which persons are not permitted pursuant to subsection (a) for bona fide maintenance or cleaning of or remodeling projects within the licensed premises.
2. Any violation of any condition of this division may be grounds for revocation or suspension of the licensee's liquor license. Any person within the licensed premises at the time of the violation shall immediately leave the premises upon order by a police officer.
(‘81 Code, § 3-46) (Ord. 458, passed 9-21-89; Am. Ord. 561, passed 9-23-93; Am. Ord. 592, passed 2-9-95; Am. Ord. 624, passed 1-23-97; Am. Ord. 735, passed 9-25-03; Am. Ord. 872, passed 12-10-09; Am. Ord. 991, passed 6-11-15) Penalty, see § 111.99