(a) No beer or other malt beverages shall be sold, delivered, or be permitted to be consumed on weekdays upon the premises of a C-1, C-2X, D-1, or D-2X permit holder between the hours of 1:00 a.m. and 5:30 a.m. The above restriction on hours of operation shall also apply to retail sales by an A-1 permit holder.
(b) No wine, prepared highballs, cocktails, cordials or other mixed beverages, as defined in the Liquor Control Act, shall be sold, delivered, or be permitted to be consumed on weekdays upon the premises of an A-2, C-2, D-2, or D-3X permit holder between the hours of 1:00 a.m. and 5:30 a.m.
(c) No spiritous liquor shall be sold, delivered, or be permitted to be consumed on weekdays on the premises of a D-3 permit holder between the hours of 1:00 a.m. and 5:30 a.m.
(d) No beer or intoxicating liquor shall be sold, delivered, or be permitted to be consumed on weekdays on the premises of a D-3A, D-4A, D-5, D-5A, D-5B, D-5C, D-5D, D-5E, D-5F, D-5I, D-5J, D-7, or an A-1-A permit holder between the hours of 2:30 a.m. and 5:30 a.m.
(e) No beer or intoxicating liquor shall be sold, delivered, or be permitted to be consumed on weekdays on the premises of a D-4, D-5G, or D-5H permit holder between the hours of 1:00 a.m. and 5:30 a.m.
(f) No intoxicating liquor shall be sold, delivered, or be permitted to be consumed on the premises of any permit holder during the hours between 1:00 a.m. on Sunday and Sunday midnight, except on the premises of a D-3A, D-5, D-5A, D-5B, D-5C, D-5D, D-5E, D-5F, D-5I, D-5J, D-7, or an A-1-A permit holder. As to the holders of these excepted classes, no intoxicating liquor shall be sold, delivered, or be permitted to be consumed after 2:30 a.m. on Sunday.
(g) No beer, whether by the package or by the glass, shall be sold, delivered, or be permitted to be consumed on the premises of a permit holder on Sunday between the hours of 1:00 a.m. and 5:30 a.m. except on the premises of a holder of a D-3A permit who is also the holder of a D-1 permit or the holder of a D-5, D-5A, D-5B, D-5C, D-5D, D-5E, D-5F, D-5I, D-5J, D-7, or an A-1-A permit. As to these excepted classes, neither shall sell, deliver, or permit beer to be consumed on the premises between the hours of 2:30 a.m. and 5:30 a.m.
(h) The holder of a D-6 permit may sell, deliver, or allow the consumption of intoxicating liquors between the hours of 1:00 p.m. Sunday and Sunday midnight for on or off premises consumption as authorized by its other permits.
(O.A.C. 4301:1-1-49; Adopting Ordinance)
(i) Any business in the City that operates under a permit issued by the Ohio Department of Liquor Control that allows on-premises consumption of any alcoholic beverages shall be closed for all business during the times for which such permit does not permit the on-premises consumption of alcoholic beverages. This provision does not apply to hotel rooming operations or to establishments that are restaurants as opposed to bars, saloons, taverns or nightclubs. A restaurant is an establishment that has as its primary purpose, and generates the majority of its gross receipts from, the sale of food items. A bar, etc., is an establishment that has as its primary purpose, and generates the majority of its gross receipts from, the sale of alcoholic beverages during the times that the sale of alcoholic beverages is permitted by law.
(j) In the absence of other definitive evidence regarding the purpose and revenues of a particular establishment, the following criteria shall be indicative of a restaurant operation.
(1) Whether the majority of patrons at the premises at a given time are consuming food, other than snack type items;
(2) Whether the establishment has a trade name that is indicative of a restaurant;
(3) Whether the business regularly employs waiters or waitresses that take orders for meals from patrons seated at tables;
(4) Whether the payment for meals may be customarily made to either the waiter or waitress, or at some established check-out for bill payment located near the entrance or exit; and
(5) Whether full meal items are regularly offered from a menu during all business hours.
(k) The use of live music, a disc jockey, identification checkers at the entrance, or "happy hour" prices for alcoholic beverages, shall be indicative of a bar, etc., as opposed to a restaurant.
(l) Any establishment meeting the above described criteria indicative of a restaurant operation shall obtain a waiver permitting the continuation of business during those times that the on-premises consumption of alcoholic beverages is not permitted. Said waiver may be obtained from the Mayor, or his or her designee, on forms provided by the City. An annual fee of twenty-five dollars ($25.00) is required.
(Ord. 153-1992. Passed 6-15-92.)
(m) Whoever violates divisions (a) through (i) is guilty of a misdemeanor of the third degree and shall be subject to the penalty provided in Section 599.02.
(Ord. 131-2002. Passed 6-17-02.)