The failure of a licensee to meet any one of the conditions of the license specified below shall result in a suspension of the license until the condition is met.
A. Within 90 days after employment, every person selling or serving liquor in an establishment which has an on-sale license shall receive training regarding the selling or serving of liquor to customers. The training shall be provided by an organization approved by the Council. Proof of training shall be provided by the licensee.
B. Every licensee is responsible for the conduct of the place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises is deemed the act of a licensee as well, and the licensee shall be liable to all penalties provided by this ordinance and the law equally with the employee.
C. Ever licensee shall allow any peace officer, health officer, City employee, or any other person designated by the Council to conduct compliance checks and to otherwise enter, inspect, and search the premises of the licensee during business hours and after business hours during the time when customers remain on the premises without a warrant.
D. Compliance with financial responsibility requirements of state law and of this ordinance is a continuing condition of any license.
E. No restaurant shall be eligible for an on-sale intoxicating liquor license unless at least forty (40) percent of the gross food and beverage receipts of the restaurant are attributable to the sale of food. This requirement shall be regulated at the discretion of the City, including but not limited to the following:
1. Each restaurant holding an on-sale intoxicating liquor license shall have the continuing obligation to have at least forty (40) percent of gross food and beverage receipts of the restaurant attributable to the sale of food during the calendar year preceding the license renewal.
2. For the purpose of this section, “gross food and beverage receipts” shall include only the food and beverage portion of receipts of a restaurant that provides other services or sells other products. Financial records for the food and beverage portion of a restaurant’s receipts must be maintained separately from the records of the receipts for other services or products of the restaurant and must be submitted to the City on a quarterly basis within 30 days of the end of each calendar quarter.
3. For the purpose of this section, “sale of food” shall include gross receipts attributable to the sale of food items, soft drinks and nonalcoholic beverages. It shall not include any portion of gross receipts attributable to the nonalcoholic components of plain or mixed alcoholic beverages, such as ice, soft drink mixes or other mixes.
4. The City may require the production of such documents or information, including but not limited to books, records, tax filings, audited financial statements or pro forma financial statements as it deems necessary or convenient to enforce these provisions. The City may also obtain its own audit or review of such documents or information, and all licensees shall cooperate with such a review, including prompt production of requested records.
F. Any restaurant holding an on-sale liquor license must provide food service to its customers, everywhere on the premises where alcohol is present or served, until at least one hour before the closing time for the restaurant. For the purpose of this section “food service” means a licensed restaurant shall provide a minimum of four (4) entrees, sandwiches or other principal food items, as approved by the City. Prepackaged food that receives heat treatment and is served in the package or frozen pizza that is heated and served shall not be included in satisfaction of the required food items.
G. Between 10:00 p.m. and closing, no licensee, responsible party or employee or agent of a licensee, shall give away more than one drink containing liquor at no cost. The provisions of this division (G) shall allow a licensee, responsible party or employee or agent of a licensee to deliver one complementary drink containing liquor at no cost, subject to the provisions of Section 4-518,Hours and Days of Sale.
[Section 4-517 added by Ord. No. 07-05, effective December 20, 2007, amended by Ord. No. 09-04, effective March 19, 2009, amended by Ord. No. 13-03, effective August 1, 2013, Section 4-517(A) (F) and (G) amended by Ord. No. 15-04, effective September 10, 2015.]