Classifications and fees therefor are as follows:
(A) Class A, which shall only permit the retail sale of beer and wine in sealed containers for consumption off the premises where sold only, and not for resale in any form; except for a package store. A package store may sell any alcoholic liquor, including beer and wine, in sealed containers for consumption off the premises where sold only, and not for resale in any form. The annual license fee for a Class A license is reduced to $2,000;
(B) Class B, which shall only permit the retail sale by a supermarket of beerand wine as those terms are defined in the Liquor Control Act of 1934 in sealed containers for consumption off the premises where sold, and not permitting resale in any form; and provided further, that no Class B licensee shall operate, display or sell any beer and wine except in an area physically segregated by walls or other barriers from the rest of the business operations of the licensee, with public access restricted to the liquor sales area as required to prevent persons under the age of 21 years from having unsupervised access to the sales area. The annual license fee for a Class B license is $2,000;
(C) Class C, which shall permit the sale at retail of alcoholic liquor at a restaurant as defined in § 115.01, for consumption on the premises where sold and not for resale in any form. No restaurant shall sell alcoholic liquor except with meals at a dining table and not across a bar. A holder of a Class C license must obtain a Class V license in order to operate video gaming in the restaurant. The annual license fee for a Class C license is reduced to $500;
(D) Class D, which shall permit the retail sale of alcoholic liquor for consumption only on the premises where sold to be issued to a regularly organized club as defined in § 115.01, the sales to be made only to members of the club. The annual license fee for a Class D license is reduced to $500. No Class D license shall be issued until the Local Liquor Control Commissioner has satisfied himself or herself that the club applying for the license was actually and in fact organized for some purpose or object other that the sale or consumption of alcoholic liquor;
(E) Class E, which shall permit the retail sale of beer only in sealed containers for consumption off the premises where sold and not for resale in any form, by a regularly organized club as defined in § 115.01, the sales to be made only to members of the club. A Class E license shall be issued as a supplemental license only to the holder of a valid and fully paid Class D license issued under this chapter. The annual license fee for a Class E license shall be $1,000, which fee shall be in addition to all other fees required under this section;
(F) License fees shall be prorated in the year in which the license is first issued;
(G) All licenses issued under this chapter shall be designated by the classification letter provided in this section; and
(H) Class G which shall permit the retail sale of beer only from a location on the golf course for consumption on the premises of the golf course. The annual license fee for a Class G license is $200.
(I) Hotel license.
(1) Class I, which shall only permit the retail sale of alcoholic liquor for consumption only in a hotel or motel. This license shall issue only for hotels and motels. No person shall receive a hotel license to sell alcoholic liquor upon any premises unless the premises has the qualifications described in the definition of HOTEL as set forth in division (I)(2) below. The license may issue to the hotel owner or hotel operator or may issue to the lessee of the restaurant situated within the hotel provided that in all events the licensed premises shall be the entire hotel and licensee shall be responsible with regard to the provisions of this section for the licensed premises. The license fee for a hotel license shall be $2,000 per annum. A violation of this section by a licensee holding a license as the lessee of the hotel restaurant shall also be considered to be the violation of the hotel premises for licensing purposes regardless of in whose name the license is held or has been held.
(2) For purposes of this section HOTEL means every building or other structure kept, used, maintained, advertised, and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to transient travelers and guests in which 25 or more rooms are used for sleeping accommodations of such guests and having one or more public dining rooms where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the same building or buildings, structure or structures being provided with adequate and sanitary kitchen and dining room equipment and capacity; said hotel must actually be engaged in the business of renting, leasing or letting rooms and must be filing returns and paying the city motel-hotel tax.
(J) Class J, which shall entitle the licensee to make consumption sales of alcoholic liquor only as specifically hereinafter provided; the licensee shall make no other consumption sales and shall make no package sales. This license shall issue only for hotels and motels. No person shall receive a Class J license to sell alcoholic liquor upon any premises unless it has the qualifications described in the definition of HOTEL as set forth in division (I)(2) above, except that the premises shall not be required to have a restaurant. This license shall entitle licensee to provide drink tickets as an amenity to the
licensee's registered guests whose room rentals are subject to the city motel-hotel tax; the licensee shall not provide drink tickets except with the rental of a room and the licensee shall not make any separate sales of tickets or of alcoholic liquor; tickets shall be date stamped and shall be redeemable only on the date of issue and shall be limited to three tickets per transient guest per day. The alcoholic liquor shall be served only by an employee of the licensee and the alcoholic liquor shall be consumed upon the licensed premises only within a predesignated area during a predesignated time, each of which must appear upon the drink ticket. No tickets shall be redeemable as or used for room service and no alcoholic liquor shall be provided to any guests or other persons for consumption within any room upon the licensed premises except the pre-designated area. The license fee for a Class J license shall be $800 per annum.
(K) Banquet room license. Class K, which shall entitle the licensee to make consumption sales of alcoholic liquor; the licensee shall make no package sales. The license shall issue only for a place of business which has one or more separate rooms used for accommodating banquets, parties, meetings, and similar functions. Licensee shall not permit consumption of alcoholic liquor except during the scheduled time of the banquet, party, meeting, or similar event. The manager or other employee of licensee must be on duty and on the licensed premises at all times any person or persons are upon the premises and all events shall be under the supervision and direction of the employee or employees of licensee. No licensee shall operate a lounge or a bar upon the licensed premises at any time except during and for scheduled banquet, party, meeting or similar event. The license fee for a banquet room license shall be $2,000 per annum.
(L) Temporary special event license. Class L, which shall entitle the licensee to make consumption sales of alcoholic liquor. This license shall be a temporary license which shall be issued solely for one day. The application for such temporary special event license shall designate the premises for which a license is desired and the hours of operation. The license fee for a temporary special event license shall be $50 per day. All beverages, including alcoholic liquors, served for consumption during a special event shall only be served within and consumed from a paper, plastic, or styrofoam cup or container; no beverage shall be served for consumption during a special event within a glass bottle, cup, or mug or a metal can, cup, or mug or similar type container.
(M) Temporary special event permit license. Class M, which shall entitle the licensee to make sales of alcoholic liquor; the license shall issue only to a licensee who holds a valid license under one of the other license classifications of the city and the licensee shall be subject to the restrictions of such license with regard to the type of sales which licensee may make. The permit license shall be a temporary license which shall be issued for one day. The application for such temporary special event permit license shall designate the premises for which a license is desired and the hours of operation. The license fee for a temporary special event permit license shall be $100 per day. No temporary special event permit license shall issue unless the applicant shall provide written authorization or permission evidencing its right to use the premises subject of the temporary special event permit license, provide general liability insurance in an amount required within the permission or authorization, and comply with all other applicable provisions of this chapter. All beverages, including alcoholic liquors, served for consumption during a special event shall only be served within and consumed from a paper, plastic, or styrofoam cup or container; no beverage shall be served for consumption during a special event within a glass bottle, cup, or mug or a metal can, cup, or mug or similar type container.
(N) Downtown sidewalk dining liquor permit. Class N, which shall entitle the permittee to make sales of alcoholic liquor for consumption in accordance with the provisions of its license within a sidewalk dining area. A downtown sidewalk dining liquor permit shall issue only to a licensee who is holder of a valid Class C license; it shall be a permit granting additional privileges to such licensee. The fee for a downtown sidewalk dining liquor permit shall be $100 per annum. A downtown sidewalk dining liquor permit shall permit the licensee to make sales for consumption within the sidewalk dining area subject to the following restrictions:
(1) No alcoholic beverage may be stored or mixed within the sidewalk dining area;
(2) A sign must be posted in a visible location within the sidewalk dining area that states: "It is unlawful to remove alcoholic beverages from the sidewalk dining area."
(O) Festival events license.
(1) Class O, which shall entitle the licensee to make consumption sales of beer and wine on specific dates. The license shall issue only for a location situated within a festival area. The application for a festival events license shall designate the specific dates that alcoholic liquor shall be available for consumption upon the licensed premises. The license fee for a festival events license shall be $100 per day for each day specified within the application, provided that the maximum fee during each licensing year shall not exceed $500. No festival events license shall issue unless the applicant shall provide written authorization or permission evidencing its right to use an area within the festival area, provide general liability insurance in an amount required within the permission or authorization, and comply with all other applicable provisions of this chapter. All beverages, including alcoholic liquors, served for consumption during a festival event shall only be served within and consumed from a paper, plastic, or styrofoam cup or container; no beverage shall be served within a glass bottle, cup, or mug or a metal can, cup, or mug or similar type container.
(2) For purposes of this section, FESTIVAL AREA is the geographic area in downtown consisting within the borders of: NE/SE 4th Street (to the east); Main Street/Route 15 (to the north); N/S 1st Street (to the west); and Delaware Street/Route 15 (to the south).
(P) Retail business customer license. Class P, which shall entitle the licensee to make consumption sales of alcoholic liquor; the licensee shall make no package sales. The licensee shall, except during events subject to a temporary special event permit license, make sales only of beer and wine. The license shall issue only to a retail business whose primary sales are not the sale of alcoholic liquor or food and for which the sale of alcoholic liquor is only an amenity offered for sale to customers of the retail business. The licensed premises shall have no lounge, bar, or other similar area; only a service bar is permitted. The licensed premises may include the entire business premises of licensee, which business premises shall be fully described with the application for license. All beverages served for consumption upon the business premises shall be served only within and consumed from a paper, plastic, or styrofoam cup or container; no beverage shall be served within a glass bottle, cup, or mug or metal can, cup, or mug or similar type container. A retail business customer license shall also entitle licensee to apply for a temporary special event permit license which permits the sale of all alcoholic liquor for consumption and which is not restricted to sale of beer and wine only. The licensee fee for a retail business customer license shall be $2,000 per annum.
(Q) Bed and breakfast. A Class Q license shall authorize the retail sale of alcoholic liquor on the premises of any bed and breakfast for consumption on the premises of those people who are upon the bed and breakfast premises with the permission of the operator of the bed and breakfast establishment. The annual license fee for a Class Q license is $500.
(R) Class V, which applies only to Class C licenses, which shall permit the sale of alcoholic liquor at retail on the premises specified for consumption on the premises, only if such sale is secondary to the business of video gaming. The annual fee for such license shall be $2,500.
(1986 Code, § 11.14.070) (Ord. 1265, passed - -1985; Ord. 1306, passed - -1987; Ord. 1653, passed 3-13-2007; Ord. 19-024-186, passed 9-24-2019; Ord. 21-0223-245, passed 2-23-2021; Ord. 21-0413-252, passed 4-13-2021; Ord. 21-0525-256, passed 5-25-2021; Ord. 21-0824-263, passed 8-24-2021; Ord. 22-0510-285, passed 5-10-2022; Ord. 22-0524-286, passed 5-24-2022)