A. It shall be the duty and responsibility of each liquor license holder, his employees or agents, to maintain the premises in a peaceable and orderly manner so as not to allow any patron, employee or member of the public on the premises to commit any act, which act is done in an unreasonable manner so as to alarm or disturb another and to provoke a breach of the peace or to commit an act which causes another person to become unconscious as a result of that act.
B. Each liquor license holder shall have sufficient employees or agents on the premises to maintain the peace. Any employee, agent, or person acting on behalf of the liquor license holder shall be suitably trained to observe and be aware of persons who may become unconscious. Any employee, agent, or person acting on behalf of the liquor license holder shall be suitably trained to maintain the peace of the premises, and may not act in any fashion so as to promote or aggravate situations which may result in physical altercations, fighting or other acts of an unreasonable manner so as to alarm or disturb another and provoke a breach of the peace.
C. No liquor license holder, employee or agent shall knowingly permit any fighting, which shall consist of physical contact of an insulting or provoking nature, or permit any action which causes physical harm to an individual; nor shall the liquor license holder, employee or agent knowingly permit the use of any drug, item or act causing an individual on the premises to become unconscious.
D. Each liquor license holder, employee or agent who is present or observes any type of criminal activity or fighting or notes that any person is unconscious is required to immediately notify 9-1-1 of the event. In the event an individual on the premises loses consciousness or is in a state of stupor so as to not be competent, each liquor license holder, employee or agent who is present shall immediately call 9-1-1 and notify the police department of the condition of the individual. In the event the liquor license holder, employee or agent receives a complaint from any person that someone has or had been drugged on or at the premises, the liquor license holder, employee or agent shall immediately notify the police department of the complaint and any other relevant information. The police department shall inform the local liquor control commissioner of any conduct of patrons or other persons on the premises of a liquor license establishment which results in any reports to the police department pursuant to this subsection.
E. Failure to immediately report any incident as required under subsection D of this section shall subject the holder of a liquor license to the revocation or suspension of the retail liquor dealer's license, as well as a possible fine from the local liquor control commissioner. In the event that more than ten (10) incidents of similar types of activity such as drugging of persons, disorderly conduct, fighting or other criminal activity which is classified as crimes against persons occur on any liquor license establishment within the course of one year, said violations shall constitute a public nuisance.
F. The local liquor control commissioner shall have the right and/or authority to revoke or suspend the retail liquor dealer's license as well as fine or take any other legal steps necessary to prevent the reoccurrence of a public nuisance as hereinabove defined.
G. For the purposes of this section, the word "premises" shall mean the actual physical space wherein alcoholic beverages are sold to the public, any area set aside for use by the general public (restrooms, lounge), any area used by agents or employees of the liquor license holder for preparation of services (kitchen or storage facilities) and any outdoor area wherein the public is served or awaiting service or where the customers are authorized to park any vehicles and any means of ingress and egress to the parking facility. (Ord. 2007-124, 12-6-2007)