a. Licensee. No person holding any license for on-premises consumption of distilled spirits, wine or malt beverages, or any of his clerks, servants, agents or employees shall permit any person under the age of twenty-one (21) years on the licensed premises and shall post notice of this restriction at all entrances, unless such premises is a restaurant, convention center, convention hotel complex, racetrack, golf course, grocery store, convenience store, drug store, hotel, motel, private club, park, fair, church, school, theater, bowling alley, racquetball complex, tennis complex, pool-hall complex, athletic complex, athletic arena, place where live sports or athletic events are scheduled, small farm winery, distillery or brewery or winery tour, upon premises for a temporary licensed event, including plays or bona fide concerts or similar establishments as authorized by State law. For the purpose of this Section, a “pool-hall complex” is defined as an establishment, the principal purpose of which is the playing of pool and/or pocket billiards, with a minimum of five (5) regulation-sized pool tables. No person holding a retail package license, or any of his clerks, servants, agents or employees shall permit any person under the age of twenty-one (21) unless accompanied by parent or legal guardian to enter his facility, structure, building or other area wherein the retail sale of distilled spirits, wine or malt beverages are either sold or stored unless the licensed premise’s usual and customary business is a convenience store, grocery store, drugstore or similar establishment and shall be required to post notice of this restriction on all facility, structure, building or other area entrances wherein the public is granted access.
b. Minor. No person under the age of twenty-one (21) years shall enter premises licensed for on-premise consumption of distilled spirits, wine or malt beverages, unless such premises is a restaurant, convention center, convention hotel complex, racetrack, golf course, grocery store, convenience store, drug store, hotel, motel, private club, park, fair, church, school, theater, bowling alley, racquetball complex, tennis complex, pool-hall complex, athletic complex, athletic arena, place where live sports or athletic events are scheduled, small farm winery, distillery or brewery or winery tour, upon premises for a temporary licensed event, including plays or bona fide concerts or similar establishments as authorized by State law. A “pool-hall complex” is defined hereinabove. No person under the age of twenty-one (21) unless accompanied by parent or legal guardian shall enter a facility, structure, building or other area of a premises licensed for retail package sales wherein the retail sale of distilled spirits, wine or malt beverages are either sold or stored unless the licensed premise’s usual and customary business is a convenience store, grocery store, drugstore or similar establishment.
c. Minors do not remain in barroom or dance area of restaurants. Minors not accompanied by parent or legal guardian shall not remain on a licensed premises classified herein as a restaurant after the local hour of 10:00 p.m. unless the minor remains only in the designated restaurant area which is clearly separated from both the barroom area and area provided for dancing. The term “restaurant” for the purpose of this Subsection means an establishment the principal business of which is the furnishing of meals to the public. The incidental sale of sandwiches and/or other food items shall not render any licensed premises a “restaurant” within the meaning of this Subsection. The restaurant shall be required to display in a conspicuous place a notice informing minors of the provisions of this Subsection pertaining to remaining in the barroom or dance area of the restaurant after the local hour of 10:00 p.m.
d. The prohibitions set forth in Subsections (a), (b) and (c) above shall not apply to persons under the age of twenty-one (21) who are working on the premises, either as an employee or an independent contractor, which persons may enter and remain on said premises while they are working, and at no other time.
e. Violation of this Section shall be subject to penalties authorized by State law.
(Ord. 88-9, 1/20/88; Ord. 89-40, 10/3/89; Ord. BG91-39, 8/6/91; Ord. BG2011-14, 4/5/2011; Ord. BG2013-42, 12/3/2013; Ord. BG2016-41, 12/20/2016)
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* Editor’s Note: Sec. 4-8.04 renumbered by Ord. BG2013-42 (formerly 4-9.05 adopted by Ord. BG88-9) was identified therein as Sec. 4-7.08 and renumbered at the discretion of the Codifier.