§ 111.085 ON-SALE WINE.
   (A)   On-sale wine license required.
      (1)   It is unlawful for any person to sell or keep or offer for sale any wine without a license therefor from the city.
      (2)   This section shall not apply to:
         (a)   Possession or handling for sale or otherwise of sacramental wine or any representative of any religious order or for use in connection with a legitimate religious ceremony;
         (b)   Sales by manufacturers to wholesalers duly licensed as that by the state;
         (c)   Sales by wholesalers to persons holding on-sale or off-sale liquor licenses from the city; or
         (d)   Sales by wholesalers to persons holding on-sale wine licenses from the city.
   (B)   On-sale wine license fee.
      (1)   The annual on-sale wine license fee as set forth in the current city fee schedule.
      (2)   The annual Sunday on-sale wine license fee as set forth in the current city fee schedule.
   (C)   On-sale wine license restrictions and regulations.
      (1)   No person under 18 years of age may be employed in a place where liquor is sold for consumption on the premises, except persons under 18 years of age may be employed as musicians or in bussing or washing dishes in a restaurant or hotel that is licensed to sell liquor and may be employed as waiters or waitresses at a restaurant or hotel where only wine is sold, provided that the person under the age of 18 may not serve or sell any wine.
      (2)   No licensee shall display wine to the public on days or during hours when the sale of wine is prohibited.
      (3)   No license shall be granted for any building within 300 feet of any nursery, elementary or secondary school structure; daycare center structure; or church structure, except as provided herein. A license may be granted for any building within 300 feet of any of the above listed uses when the proposed license premises and listed uses are located within the same zoning district and planned commercial development.
      (4)   On-sale wine licenses shall be granted only to traditional or casual restaurants.
      (5)   Every license shall be granted subject to the provisions of this chapter and all other applicable provisions of the city code and other laws relating to the operation of the licensed business.
      (6)   Persons who hold both an on-sale wine license and an on-sale beer license and whose gross receipts are at least 50% attributable to the sale of food may sell intoxicating malt liquor (strong beer) at on-sale without an additional license.
(Ord. 2006-4-2, passed 4-24-2006) Penalty, see § 10.99