A. Persons Under The Age Of Twenty One: No licensee nor any officer, associate, member, representative, agent or employee of such licensee shall sell, give or deliver alcoholic liquor to any person under the age of twenty one (21) years, or to any intoxicated person or to any person known by him to be a habitual drunkard, spendthrift, insane, mentally ill, mentally deficient or in need of mental treatment. No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give or deliver such alcoholic liquor to another person under the age of twenty one (21) years except in the performance of a religious ceremony or service.
B. Premises Where Alcohol Is Prohibited: It shall be unlawful for any licensee to permit any person to consume any alcoholic beverage or possess any open alcoholic beverage container on the premises when the license prohibits the sale or the offer for sale of alcoholic beverages.
C. Consumption Of Alcohol Outside Licensed Premises: It shall be a violation of this chapter for any patron of any licensed premises to consume any alcoholic beverage or possess any open alcoholic beverage container on the premises that is outside the principal structure licensed or licensed beer garden.
D. Knowledge By Owner: If the owner of the licensed premises or any person from whom the licensee derives the right to possession of such premises, or the agent of such owner or persons, shall knowingly permit the licensee to use said licensed premises in violation of the terms of this chapter, said owner, agent or other person shall be deemed guilty of a violation of this chapter, to the same extent as said licensee and be subject to the same punishment.
E. Act Or Omission Of Violation: Every act or omission of whatsoever nature constituting violation of any of the provisions of this chapter by any officer, director, manager, or other agent or employee of any licensee, if said act is committed or omission is made with the authorization, knowledge or approval of the licensee, shall be deemed and held to the act of such employer or licensee, and said employer or licensee shall be punishable in the same manner as if said act or omission had been done or omitted by him personally.
F. Conviction Of Violation: Whenever any officer, director, manager or other employee in a position of authority of any licensee under this chapter shall be convicted of a violation of this chapter while engaged in the course of his employment or while upon the premises described by said license, and said license shall be revoked and the fees paid thereon forfeited, and said bond given by said licensee to secure the faithful compliance with the terms of this chapter shall be forfeited in like manner as if said licensee had himself been convicted.
G. Noncompliance: Any other noncompliance with any provision of this chapter shall constitute a violation of this chapter.
H. Nuisance Declared: Every lot, parcel or tract of land, and every building, structure, tent, railroad car, boat, wagon, vehicle, establishment or place whatsoever, together with all furniture, fixtures, ornaments and machinery located thereon, wherein there shall be conducted any unlawful manufacture, distribution or sale of any alcoholic liquor, or whereon or wherein there shall be kept, stored, concealed or allowed any alcoholic liquor intended for illegal sale or to be sold, disposed of or in any other manner used in violation of any of the provisions of this act is hereby declared to be a public nuisance and shall be abated as provided by the laws of this state for the abatement of public nuisances.
I. Fines: Any person, firm, corporation or other business entity violating any provisions of this chapter shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense and for the second or subsequent offense fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) or by imprisonment in the county jail not more than six (6) months, or by both fine and imprisonment, and a separate offense shall be deemed committed each day during or on which the violation occurs or continues.
J. BASSET Training: In addition to or in lieu of the fines and penalties hereinbefore stated, the commissioner may require that any person or business entity that violates any provision of this chapter complete the beverage alcohol sellers and servers education and training ("BASSET") and provide proof of completion of the BASSET to the commissioner upon completion.
K. Revocation Of License; Bond Forfeited: In addition to the fines and penalties hereinbefore stated, whenever any licensee shall be convicted of any violation of this chapter, the license of said licensee may, in the discretion of the commissioner, be revoked and all fees paid therein shall be forfeited, and the bond given by said licensee to secure such licensee's faithful compliance with the terms of this chapter shall be forfeited, and it shall thereafter be unlawful and shall constitute a further violation of this chapter for said licensee to continue to operate under said license. (Ord. 2011-06, 2-22-2011)