The following operation and design requirements shall be applied to all new businesses licensed to sell alcoholic liquor located within the C-3 North Harbor Business District. Existing businesses licensed to sell alcoholic liquor within the C-3 North Harbor Business District shall have 24 months to comply with the design requirements here within and shall be required to comply with the operation requirements upon approval of this section by the City Council.
(A) Closing hours.
(1) (a) This chapter, all authorized licensed eating/drinking establishments are permitted to sell alcoholic beverages for consumption in the dining facilities in conjunction with and incidental to the purchase (for fair consideration) and consumption of a sit-down meal. The bar area for the sale of alcoholic liquor and beverages shall be no more than 30% of the net square footage of the establishment. Licensed eating/drinking establishments are not authorized to sell packaged alcoholic liquor or beverages to consumers.
(b) The bar cannot be self-contained or have separate entrance and exit access from the dining facilities. The bar and the dining facilities must close at the same time.
(c) All patrons, customers, and all persons other than the licensee and employees thereof, in the actual pursuit of their duties as such, shall leave the premises not later than 15 minutes following the closing hours per state law.
(2) In the case of hotels and recreational facilities, where the sale of alcoholic liquor is conducted on the premises, the bar area for the sale of alcoholic liquor shall be no more than 30% of the net square footage of the establishment.
(B) Election days. Licensees may not sell at retail any alcoholic liquor on the day of any national, state, county, or municipal election, including primary elections, during the hours the polls are open, within the political area in which such election is being held.
(C) Sale of packaged liquor. The sale of packaged liquor is prohibited.
(D) Alcoholic drinks. Alcoholic drinks cannot be taken off the premises.
(E) Quantity sales for on-premises liquor consumption. It shall be unlawful for any licensee, other than a Class I or Class J licensee offering restaurant service, and possessing a bottle permit, within the meaning of that term as defined in this chapter, to sell, give away, or permit to be sold, served, or given away for consumption on the licensed premises any distilled spirits except by the glass, in individual servings not exceeding three fluid ounces.
(F) Alcoholic beverages at reduced prices. It shall be unlawful for any licensee licensed hereunder to sell, offer for sale, dispense, or serve any alcoholic beverages at reduced prices or promotional drinks, except as authorized as liquor tasting licensees.
(G) Happy hours restrictions.
(1) All retail liquor licensees shall maintain a schedule of the prices charged for all drinks of alcoholic liquor to be served and consumed on the licensed premises or in any room or part thereof. Whenever a license holder operates on its premises more than one establishment at which drinks of alcoholic liquor are sold at retail, the license holder shall maintain at each such establishment a separate schedule of the prices charged for such drinks at the establishment.
(2) No retail liquor licensee or employee or agent of such licensee shall:
(a) Serve two or more drinks of alcoholic liquor at one time to one person for consumption by that one person, except selling or delivering wine by the bottle or carafe;
(b) Encourage or permit, on the licensed premises, any game or contest which involves drinking alcoholic liquor or the awarding of drinks of alcoholic liquor as prizes for such game or contest on the licensed premises; or
(c) Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under this division (G)(2).
(3) Nothing in division (G)(2) above shall be construed to prohibit a liquor licensee from:
(a) Offering free food or entertainment at any time;
(b) Including drinks of alcoholic liquor as part of a meal package;
(c) Including drinks of alcoholic liquor as part of a hotel package;
(d) Negotiating drinks of alcoholic liquor as part of a contract between a liquor license holder and another group for the holding of any function, meeting, convention, or trade show on the premises of the licensee;
(e) Providing room service to persons renting rooms at a hotel;
(f) Selling pitchers (or the equivalent, including but not limited to buckets), carafes, or bottles of alcoholic liquor which are customarily sold in such manner and delivered to two or more persons at one time; or
(g) Increasing prices of drinks of alcoholic liquor in lieu of, in whole or in part, a cover charge to offset the cost of special entertainment not regularly scheduled.
(4) A violation of this section shall be grounds for suspension or revocation of the retailer’s liquor license as provided by the current city business license ordinances and all current state statutes.
(H) Displaying liquor and tobacco licenses. Every liquor and tobacco licensee shall cause the license or licenses to be framed and hung in plain view in a conspicuous place on the licensed premises.
(Prior Code, § 116.55) (Ord. 0-08-0031, passed 11-24-2008) Penalty, see § 111.999