(A) To permit or tolerate any one person to consume beverages containing more than 0.5% of alcohol by volume on the premises of the establishment, tavern or bar, except during the time as the tavern or bar or other retail establishment is permitted by ordinances of the city to sell the beverages for consumption on the premises, shall constitute a separate offense.
(`90 Code, § 2-37) (Ord. 2524, passed - -)
(B) (1) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ESTABLISHMENT, TAVERN or BAR. A designated location approved by the city, where low-point beer is sold for on-site consumption.
LICENSED PREMISES. The designated area on private property, approved by the city for operation of a establishment, tavern or bar where nonintoxicating alcoholic beverages are sold for on-site consumption.
PERSON. Any individual, firm, partnership, association, limited liability company or corporation, whether conducted for profit or not for profit.
(2) The applicant shall certify that the applicant has never been convicted of any alcohol related offenses (misdemeanor or felony) or convicted for violating any state liquor or alcohol laws. Conviction for an alcohol related offense or violation of state liquor or alcohol laws shall prohibit the applicant from obtaining a license under this chapter.
(3) Application for a permit for an establishment, tavern or bar engaged in the sale of nonintoxicating alcoholic beverages for on-site consumption shall be made to the City Clerk, and may be granted upon satisfying the conditions set forth in this section. The application shall be made upon forms approved by the City Clerk and contain the following information:
(a) The name, address and telephone number of the applicant; (The applicant shall be the actual person who will operate the proposed establishment, tavern or bar.)
(b) A site plan showing the proposed area designated for the sale and consumption of nonintoxicating alcoholic beverages for the establishment, tavern or bar; (The site plan shall include a detailed description and drawing showing the ingress and egress to the designated area, and the location of privacy fencing required by this article.)
(c) A certificate of liability insurance coverage, including host liquor liability, with limits for personal injury and property damage not less than the city's limits of liability under the Governmental Tort Claims Act;
(d) A statement, signed by the applicant, certifying that if a permit is approved, the applicant agrees to abide by all applicable laws and ordinances of the city and state, and to indemnify and hold the city harmless from any and all liability arising out of the use or condition of the premises or operation of the establishment, tavern or bar; and
(e) Other information as the City Clerk deems appropriate.
(4) If the licensed premises for the sale and consumption of nonintoxicating alcoholic beverages shall include both an indoor and outdoor location, the outdoor location, if any, shall be contiguous, and immediately adjacent to the indoor location and the sole means of ingress and egress to the outdoor location shall be through the indoor facility.
(5) It shall be unlawful for any person to operate or maintain an establishment, tavern or bar where nonintoxicating alcoholic beverages are sold and consumed, except in continuous conformity with the following regulations:
(a) The boundaries of any outdoor location to be operated as a part of the licensed premises shall be clearly marked with a non-metallic sight-proof fence or barrier not less than six feet in height and made of sufficient material to prevent litter generated within the establishment, tavern or bar from blowing outside the area.
(b) The requirement in division (B)(5)(a) above, for constructing a sight-proof fence or barrier may be waived upon specific findings by the City Manager, or his or her designee, that an adequate barrier exists in the form of the natural topography of the licensed premises and the surrounding property, or in the form of other natural barriers or vegetation. In finding that a sufficient barrier exists, a specific finding must be made that the alternative to a sight-proof fence or physical barrier will provide adequate separation between the licensed premises and adjoining properties and any residential or commercial population present on adjoining properties to the licensed premises is sufficiently blocked from view by the alternative barrier, so that the business operating upon the licensed premises does not intrude upon or disturb the residential or commercial population on the adjoining property. In making findings, the City Manager, or his or her designee, shall consider the population density and the nature of the land and building usage on the adjacent properties, requiring that as the population density or land use increases, a more significant and restrictive barrier, whether natural or constructed, shall be required. In the event the application for a permit is denied because of the absence of an adequate barrier, natural or otherwise, the applicant may appeal the denial of a permit to the City Council by filing a written request for consideration by the Council within ten days after the issuance of a decision denying the application.
(Ord. 3039, passed 12-1-98; Am. Ord. 3051, passed 6-15-99; Am. Ord. 3081, passed 8-7-01)