(A) The City Council has determined that it is desirable and appropriate to regulate conduct on premises licensed to sell malt beverages at retail. State law makes no distinction between package sales of malt beverages and sale of malt beverages for consumption on the premises. The city finds that while a number of licensed premises may be suitable for the sale of malt beverages to be removed for consumption elsewhere, there are also a number of premises which are not suitable or appropriate for consumption of malt beverages on the premises. Examples include, but are not limited to, package distilled spirits and wine stores, grocery stores, convenience stores and premises which do not have adequate facilities for the congregation of customers who are consuming on premises, such as availability of food, adequate restrooms and at least a minimum of seating for customers.
(B) Except for special temporary retail malt beverage licenses issued for consumption of malt beverages on the premises, no malt beverage licensee shall allow consumption of any malt beverage on the licensed premises unless the licensee also holds, for the same premises a:
(1) Restaurant wine license;
(2) Hotel/motel/inn drink license;
(3) Restaurant drink license; or
(4) Special private club license.
(C) If no license set out in division (B) above is held by the malt beverage licensee, malt beverage consumption on the premises may nevertheless be allowed by the licensee on a restaurant premises having seating at table for no less than 50 persons, and which receives no less than 50% of its total food sales and alcoholic beverage sales from the sale of food.
(D) The intent of this section is to regulate and establish standards of conduct on premises selling malt beverages under license. This section shall not be construed as imposing any limitation upon the number of malt beverages licenses issued pursuant to this chapter. Nothing contained in this section shall be construed as prohibiting a licensee from selling malt beverages upon the licensed premises. The sole prohibition contained in this section is allowing consumption of malt beverages on the licensed premises if the nature of the premises does not conform with one of the situations described in divisions (A) or division (B) above.
(Prior Code, § 116.036) (Ord. 2008-01, passed 3-26-2008)