3-9-14: CLASSIFICATION OF LICENSES; FEES:
   A.   License Classifications And Fees: Every person engaged in the retail sale of alcoholic liquor in the town shall pay an annual license fee. Such licenses shall be divided into the following classes and the number of such licenses issued in the town shall be limited as follows:
      1.   Class A: Retail sale of alcoholic liquors, but not for consumption on the premises where sold, by establishments which have in excess of seventy percent (70%) of their gross quarterly profits derived from the sale of alcoholic liquors. The licensee shall provide, upon the request of the local liquor commissioner, an audit report prepared by an independent certified public accountant, approved by the local liquor commissioner, at the expense of the licensee for a time period designated by the local liquor commissioner, demonstrating the percentage of sales required for a class A license. The fee for a class A license shall be two thousand two hundred dollars ($2,200.00) per year.
      2.   Class B: Retail sale of alcoholic liquor in grocery stores, as defined herein, which have a minimum of twenty thousand (20,000) square feet in area for the conduct of sales to the public, but not for consumption on the premises where sold. The area of the licensed premises dedicated to the sale of packaged alcoholic beverages shall not exceed one fifth (1/5) of the gross square footage of the grocery store premises.
         a.   Confinement Of Alcoholic Liquor:
            (1)   All alcoholic liquor shall be displayed for sale in a confined area separate from other non- alcohol items. The separate alcoholic liquor sales area shall be located in the grocery store in such a manner that customers will be able to access all non-alcohol items without entering or passing through the separate alcoholic liquor sales area. On the perimeter of the separate alcoholic liquor sales area, there shall be a sign prominently displayed stating:
YOU MUST BE 21 YEARS OLD TO ENTER
THIS AREA UNLESS ACCOMPANIED BY
A PARENT OR LEGAL GUARDIAN.
            (2)   The separate alcoholic liquor sales area shall include means of locking the access during prohibited sales hours. All packaged alcoholic liquor that is not yet displayed or offered for sale shall be secured in a locked area that will be accessed only under the supervision of a manager who is at least twenty one (21) years of age.
         b.   Sale At Checkout Counter: The sale of alcoholic beverages may be permitted at the grocery store checkout counter, provided that the cashier is twenty one (21) years of age.
         c.   Drive-Through Sale Prohibited: No class B licensee shall be permitted to sell alcoholic beverages through a drive-through facility at any time.
         d.   Sale In Original Package: A class B licensee shall not sell a single container of beer unless the volume of the container is equal to or greater than seven (7) fluid ounces. A class B licensee shall not sell a single container of wine unless the container is greater than sixteen (16) fluid ounces or 0.473 liter. No class B licensee shall sell a single container of alcoholic liquor, except wine and beer as provided herein, unless the container is greater than sixteen (16) fluid ounces or 0.473 liter. No class B licensee shall sell barrels or kegs of beer.
         e.   Fee: The fee for a class B license shall be three thousand two hundred dollars ($3,200.00) per year.
      3.   Class C:
         a.   Retail sale of alcoholic liquors for consumption only in a "restaurant," as defined herein, on the premises specified and when the establishment's primary business is the sale of food for consumption on the premises. Dancing, entertainment and live music furnished for entertainment of the customers shall be allowed under this license only if the licensee obtains a supplemental live entertainment permit.
         b.   Fee: The fee for a class C license shall be two thousand two hundred dollars ($2,200.00) per year.
      4.   Class D:
         a.   Retail sale of beer and wine for consumption only in a "restaurant," as defined herein, on the premises specified and when the establishment's primary business is the sale of food for consumption on the premises. Dancing, entertainment and live music furnished for entertainment of the customers shall be allowed under this license only if the licensee obtains a supplemental live entertainment permit.
         b.   The fee for a class D license shall be one thousand seven hundred dollars ($1,700.00) per year.
      5.   Class E:
         a.   Temporary license authorizing the retail sale of alcoholic liquor for consumption only on the indoor or outdoor premises where sold and not for resale in any form. A class E temporary license is to be issued for temporary stands, booths, and counters, such as used at picnics and the like. An applicant for a class E license shall provide information about the premises or site where alcoholic liquor will be sold, about security arrangements to confine the consumption of alcoholic liquor to the premises or site, about sanitation and cleanup of the site, about supervision of the event, and any other information as the local liquor control commissioner deems necessary. The class E temporary license shall be valid only on the day for which the license is issued and only during the hours of that day during which alcoholic liquor may be sold within the town.
         b.   A class E temporary license may be issued for the sale of alcoholic liquor for consumption on public property owned by a local governmental body, where permitted by statute.
         c.   The fee for a class E license shall be one hundred dollars ($100.00). No fee shall be charged to a local governmental body.
      6.   Class F:
         a.   Retail sale of alcoholic liquors for consumption on the premises only in a "banquet hall", as defined herein. The sales shall be only to the attendees of private functions held at the banquet hall or for the benefit of the attendees of the private functions. Dancing, entertainment and live music furnished for entertainment of the attendees at private functions at the banquet hall shall be allowed under this license.
         b.   The fee for a class F license shall be two thousand two hundred dollars ($2,200.00) per year.
      7.   Class G:
         a.   Permitting the retail sale of any alcoholic liquor for consumption on the premises of a "club", as defined herein, only by members and their bona fide guests.
         b.   The fee for a class G license shall be one thousand two hundred dollars ($1,200.00) per year.
      8.   Class H:
         a.   Permitting the retail sale of beer and wine in a convenience food store for consumption off the premises and, if desired and only ancillary to the operation of video gaming terminals, for consumption of beer on the premises.
         b.   Area Dedicated To Sale Of Beer And Wine For Consumption Off The Premises: The area of the licensed premises dedicated to the sale of beer and wine for consumption off the premises shall not exceed twenty percent (20%) of sales floor area to a maximum of one thousand (1,000) square feet. Such beer and wine shall be displayed for sale in an area separate from all other non-alcohol items. The separate beer and wine area shall have a means of locking or securing access during prohibited sales hours. Packaged beer and wine that is not displayed or offered for sale shall be secured in a locked area that will be accessed only under the supervision of a manager who is at least twenty one (21) years of age. Beer for on-site consumption shall be located behind the checkout counter in a unit that is locked and accessible only to the cashier on duty.
         c.   Sale At Checkout Counter: The sale of beer and wine is permitted at the convenience store checkout counter, provided the cashier is at least twenty one (21) years of age. The service of beer for on-site consumption shall be limited to the video gaming area and shall only be served by the cashier on duty.
         d.   Drive-Through Sale Prohibited: No class H licensee shall sell any beer and wine through a drive-through or via curb service at any time.
         e.   Hours Of Sale: Notwithstanding any other provision of this chapter, permitted hours of sale of beer and wine by a class H licensee shall be six o'clock (6:00) A.M. to one o'clock (1:00) A.M. Monday through Thursday, six o'clock (6:00) A.M. to two o'clock (2:00) A.M. Friday and Saturday, and eleven o'clock (11:00) A.M. to one o'clock (1:00) A.M. Sunday.
         f.   Sale In Original Package For Beer And Wine To Be Consumed Off The Premises: No class H licensee shall sell a container of wine and beer for consumption off the premises unless the container is greater than sixteen (16) fluid ounces or 0.473 liter. Beer shall be sold in six (6) packs or more. No class H licensee shall sell barrels or kegs of beer.
         g.   Sale Of Beer For Consumption On The Premises Ancillary To Video Gaming: A class H licensee may serve beer for consumption on the premises ancillary to video gaming, provided that the video gaming terminals are physically separated from the area where retail services are to be conducted. Such on-site consumption may only occur in the separate video gaming area, and video gaming terminals must be located in the direct line of site of the cashier from the location of the cashier counter. Beer served for on-site consumption shall be located behind the checkout counter in a unit that is locked and accessible only to the cashier on duty. Such beer may only be sold and served in a clear container. No serving of beer shall be greater than twelve (12) fluid ounces. Sales to a single person shall be limited to no more than one (1) beer at a time, and no more than two (2) servings in a twenty four (24) hour period. No open containers shall be permitted to leave the video gaming area.
         h.   On Duty Employees: Employees of a class H licensee shall be prohibited from consuming alcohol or operating a video gaming machine while on duty.
         i.   Audit Report: The licensee shall provide, upon the request of the local liquor commissioner, an audit report prepared by an independent certified public accountant, approved by the local liquor commissioner, at the expense of the licensee for a time period designated by the local liquor commissioner, demonstrating the percentage of sales required for a class H license.
         j.   Fee: The fee for a class H license shall be three thousand two hundred dollars ($3,200.00) per year.
      9.   Class H-1: Permitting the retail sale of alcoholic liquor in a convenience food store for consumption off the premises and, if desired and only ancillary to the operation of video gaming terminals, for consumption of beer on the premises.
         a.   Area Dedicated To Sale Of Alcoholic Liquor For Consumption Off The Premises: The area of the licensed premises dedicated to the sale of alcoholic liquor for consumption off the premises shall not exceed twenty percent (20%) of sales floor area to a maximum of one thousand (1,000) square feet. Such alcoholic liquor shall be displayed for sale in an area separate from all other non-alcohol items. The separate alcoholic liquor area shall have a means of locking or securing access during prohibited sales hours. Packaged alcoholic liquor that is not displayed or offered for sale shall be secured in a locked area that will be accessed only under the supervision of a manager who is at least twenty one (21) years of age. Beer for on-site consumption shall be located behind the checkout counter in a unit that is locked and accessible only to the cashier on duty.
         b.   Sale At Checkout Counter: The sale of alcoholic liquor is permitted at the convenience store checkout counter, provided the cashier is at least twenty one (21) years of age. The service of beer for on-site consumption shall be limited to the video gaming area and shall only be served by the cashier on duty.
         c.   Drive-Through Sale Prohibited: No class H-1 licensee shall sell any alcoholic liquor through a drive-through or via curb service at any time.
         d.   Hours Of Sale: Notwithstanding any other provision of this chapter, permitted hours of sale of alcoholic liquor by a class H licensee shall be six o'clock (6:00) A.M. to one o'clock (1:00) A.M. Monday through Thursday, six o'clock (6:00) A.M. to two o'clock (2:00) A.M. Friday and Saturday, and eleven o'clock (11:00) A.M. to one o'clock (1:00) A.M. Sunday.
         e.   Sale In Original Package For Alcoholic Liquor To Be Consumed Off The Premises: No class H-1 licensee shall sell a container of alcoholic liquor for consumption off the premises unless the container is greater than sixteen (16) fluid ounces or 0.473 liter. Beer shall be sold in six (6) packs or more. No class H-1 licensee shall sell barrels or kegs of beer.
         f.   Sale Of Beer For Consumption On The Premises Ancillary To Video Gaming: A class H-1 licensee may serve beer for consumption on the premises ancillary to video gaming, provided that the video gaming terminals are physically separated from the area where retail services are to be conducted. Such on-site consumption may only occur in the separate video gaming area, and video gaming terminals must be located in the direct line of site of the cashier from the location of the cashier counter. Beer served for on-site consumption shall be located behind the checkout counter in a unit that is locked and accessible only to the cashier on duty. Such beer may only be sold and served in a clear container. No serving of beer shall be greater than twelve (12) fluid ounces. Sales to a single person shall be limited to no more than one (1) beer at a time, and no more than two (2) servings in a twenty four (24) hour period. No open containers shall be permitted to leave the video gaming area.
         g.   On Duty Employees: Employees of a class H-1 licensee shall be prohibited from consuming alcohol or operating a video gaming machine while on duty.
         h.   Fee: The fee for a class H-1 license shall be three thousand five hundred dollars ($3,500.00) per year.
      10.   Class I: Retail sale of alcoholic liquors for consumption only in a "bar," as defined herein, on the premises specified and when the establishment's sale of alcoholic beverages for consumption on premises constitutes at least eighty percent (80%) of the gross annual receipts.
         a.   Dancing, entertainment and live music furnished for entertainment of the customers shall be allowed under this license only if the licensee obtains a supplemental live entertainment permit
         b.   Fee: The fee for a class I license shall be two thousand two hundred dollars ($2,200.00) per year.
   B.   Outdoor Restaurant Liquor Sales: Subject to the approval of the local liquor commissioner, the sale, service and consumption of alcoholic liquor in an outdoor seating area shall be permitted adjacent to premises licensed to sell alcoholic liquor for consumption on the premises, subject to the following conditions:
      1.   The outdoor restaurant seating area is enclosed with a non-barricade type fence or other barrier that allows viewing of the area from the street;
      2.   The outdoor restaurant seating area is owned or leased by the licensee;
      3.   The outdoor restaurant seating area is included as part of the regular food service business located on the licensed premises and alcoholic beverages may not be served without food;
      4.   Access to the outdoor restaurant seating area shall be limited through the licensed premises, or, if not practicable, through monitored entrances that are controlled by employees and/or reasonable fencing of the licensed premises during all operating hours and/or while alcohol is being served;
      5.   No music, live or recorded, shall be allowed in an outdoor restaurant seating area, without obtaining a supplemental live entertainment permit;
      6.   Applications for the establishment of an outdoor restaurant seating area or the amendment of an existing outdoor restaurant seating area, shall be filed on such forms and with such information as may be directed by the liquor commissioner. The annual (calendar year) fee for such application shall be two hundred dollars ($200.00) in addition to the required liquor license fee.
   C.   Live Entertainment Permit: Authorizes entertainment in a class C, D, F, or G licensed premises, including, but not limited to, bands, disc jockeys, personal appearance of amateur or professional entertainers or musicians. The annual (calendar year) fee for a live entertainment permit shall be two hundred dollars ($200.00), in addition to the prescribed fee for the class C, D, F, or G license.
   D.   Initial License Fee: The fee for the initial license issued to any licensee shall be twice the amount specified for each class of liquor license described in divisions A, B, and C of this section.
(Ord. 2007-15, 4-23-2007, eff. 5-4-2007; amd. Ord. 2011-18, 7-25-2011; Ord. 2018-12, 7-10-2018; Ord. 2019-16, 8-26-2019, eff. 9-13-2019)