Publisher's Note: This Section has been AMENDED by new legislation (Ord. 2024-30
, passed 4-16-2024). The text of the amendment will be incorporated below when the ordinance is codified.
Class F licenses which allow the licensee to sell and offer for sale at retail, in restaurant premises specified in such license, alcoholic liquor for use or consumption on the licensed premises, but not for resale, in any form. Such license may only be issued to a licensee whose primary business is the sale of food and meals in a restaurant, with the sale of alcoholic liquor incidental and secondary to the restaurant business. A class F licensee may, in addition to the sale of alcoholic liquor at a table in the restaurant dining room(s) where food service is provided, operate and sell and offer for sale alcoholic liquor at retail in a room adjacent to and separate from the restaurant dining room(s) on the licensed premises, provided such room does not exceed thirty percent (30%) of the total floor area of the principal structure in which the restaurant facilities are located, and further provided such room is open to and not closed off from a restaurant dining room and is operated solely as a waiting area for restaurant patrons. "Restaurant", as used in this section, shall mean any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests.
No merchandise shall be displayed in original packages except as may be incidental to serving customers on the premises and on the back of the bar of such premises, and it shall be unlawful to advertise such merchandise in any other manner. The application for a class F license shall include an accurate floor plan for the existing premises if no alterations are planned, or as proposed if the licensee intends to make any improvements or alterations to the premises for which a building permit is required under the building code, drawn to scale with the dimensions of all rooms clearly shown thereon.
The class F license shall also meet the following restrictions:
A. Hours Of Operation:
Sunday, Monday, Tuesday, Wednesday and Thursday | From 10:30 A.M. to 12:00 midnight |
Friday and Saturday | From 10:30 A.M. to 1:00 A.M. |
B. Annual License Fees: See section 3-1-1 of this title.
C. Number Issued: The number of Class F licenses shall be limited to 3.
D. Change In Floor Plan:
1. During the term of any license issued for the sale of alcoholic liquor in a restaurant for consumption on the premises, if a licensee proposes to make any of the changes hereinafter enumerated, which would alter its operation from the conditions pursuant to which the license was initially granted, the licensee shall apply in writing to the Local Liquor Commissioner for approval of such changes, and provide information concerning the specific changes proposed, including a revised floor plan, if any. The following shall be considered a change in the operation for purposes of this section:
a. A change in the floor plan in any manner which would alter the number of seats provided primarily for restaurant use by more than ten percent (10%), or which would expand by more than ten percent (10%) any area in which entertainment or service of alcoholic liquor is provided;
b. A change in the operation of the licensed premises which would add entertainment or dancing, or which would substantially increase the promotion of the sale of alcohol or the entertainment available on the premises as opposed to the availability of food service, or which would change the ratio of alcohol sales to other activities on the licensed premises by more than ten percent (10%).
2. Upon receipt of a request for approval of any of the changes as provided in subsection D1 of this section, the Local Liquor Commissioner shall review the licensee's proposed changes to determine the nature and significance of the changes in the consideration of the classification of license held and the requirements established for such classification. The Local Liquor Commissioner may approve the proposed changes if it is determined that the proposed changes in the floor plan or operation, and the ratio of alcoholic sales to other activities on the premises are not so substantial as to make questionable the continued conformance of the licensed premises with the requirements of this chapter for the applicable license classification. The Local Liquor Commissioner shall notify the licensee in writing as to whether approval of proposed changes is granted or denied.
3. So long as an application for approval of any of the changes described in subsection D1 of this section is pending, and not yet acted on by the Local Liquor Commissioner, the applicant may continue to conduct its business and operations in the manner approved at the time the license was initially granted. If approval of the proposed changes is granted, the licensee may proceed to implement such changes in accordance with the approval granted, and subject to any conditions which may be established as part of such approval. If approval is denied, licensee shall continue to operate its business in the manner approved at the time the license was initially granted or shall cease operation.
4. Any licensed business which implements any of the changes on licensee premises described in subsection D1 of this section, without requesting and receiving approval of the Local Liquor Commissioner as provided herein, shall be subject to penalties for violation of this chapter, as established by section 3-3-7 of this chapter, up to and including revocation of the license.
(Ord. 95-127, 12-19-1995; amd. Ord. 2014-49, 6-3-2014; Ord. 2021-111, 12-7-2021; Ord. 2022-71, 8-16-2022; Ord. 2023-48, 5-16-2023)