(A) No person or vendor, except those determined by the City Commission to comply with the requirements for an extended hours license pursuant to § 113.26, shall sell or offer for sale or deliver upon the premises of such person or vendor, any liquor, beer or wine, regardless of the alcoholic content, on any day of the week between the hours of 2:00 a.m. and 7:00 a.m. Notwithstanding the foregoing, no person or vendor shall be prohibited from selling or offering for sale or delivering any liquor, beer or wine, regardless of alcoholic content, on New Year's Day between the hours of 2:00 a.m. and 4:00 a.m., and no person or vendor shall be prohibited from permitting to be consumed upon the premises of such person or vendor, any liquor, beer or wine, regardless of the alcoholic content, on New Year's Day between the hours of 2:30 a.m. and 4:00 a.m., except insofar as such privilege may be suspended, terminated or conditioned pursuant to this section. The ability to sell, offer for sale, deliver or permit to be consumed upon the premises any alcoholic beverage beyond the hour of 12:00 midnight on any day of the week is hereby declared to be and is a privilege subject to suspension, termination, and the imposition of conditions as provided below, and no person may reasonably rely on a continuation of that privilege.
(1) Except for those establishments that have an extended hours license pursuant to § 113.26, who shall abide by the regulations in § 113.26, any person, vendor, or corporation which dispenses alcoholic beverages within the city for consumption on the establishment’s licensed premises shall at the hour of 2:00 a.m., cause all outside lights on the premises occupied by it to be extinguished and shall cause all entrances and exits to such establishment to be locked, and the entrances and exits shall not be opened between the hours of 2:00 a.m. and 7:00 a.m., except to admit the proprietor and his or her employees to enter and to permit the egress of the proprietor, employees, and customers of such place from the premises. Customers and patrons within the establishment shall be required to leave the establishment/premises by 2:30 a.m. Nothing herein contained shall be construed so as to permit any place to sell, serve, or permit alcoholic beverages to be sold or served during prohibited hours.
(2) No person or vendor shall use a disc jockey to provide entertainment between 12:00 midnight and 2:00 a.m.
(3) If at any time, the Police Chief or his/her designee determines that any person or vendor is operating in a manner harmful to the public health, safety or welfare, based upon the provisions specified in this section or § 113.26(B), the Police Chief or his/her designee may issue a notice of suspension or termination of the privilege of selling, offering for sale, delivering or permitting to be consumed upon the premises of such person or vendor any liquor, beer or wine, regardless of the alcoholic content, or a notice of imposition of additional conditions and/or restrictions upon the person or vendor ("the Notice"). In determining what action to take, the Police Chief or his/her designee may consider any prior sanctions imposed against the person or vendor pursuant to this section. Said notice shall be served upon the person or vendor by:
(a) Personal service upon the person or vendor;
(b) Certified mail delivered to the person or vendor; or
(c) Posting of the notice in a conspicuous place on the property on which the person or vendor sells, offers for sale, delivers or permits to be consumed upon the premises of such person or vendor any liquor, beer or wine, regardless of alcoholic content.
The notice shall afford the person or vendor with reasonable notice of the facts or conduct which warrant the intended action, and shall advise the person or vendor of his/her right to a hearing under subsection (4) and, if applicable, subsection (5) below.
(4) The person or vendor may, within five business days of being served with the notice, make a written request for a hearing before the City Commission. Failure to timely request a hearing shall result in the imposition of the suspension, the termination, or the imposition of additional conditions and/or restrictions contained in the notice without further action by the city. Except as provided in subsection (5) below, if a hearing is requested, the notice of suspension, of termination, or the imposition of additional conditions and/or restrictions will not be enforced until the City Commission decision. A hearing shall be scheduled upon payment of the applicable fee as established by resolution of the City Commission. If a hearing is requested by the person or vendor, notice of the City Commission agenda item shall be publicly advertised in a newspaper of local circulation, and written notice of the date, time and place of the hearing will be sent to the person or vendor and to the owners of all properties located within 300 feet of the establishment at least 14 days in advance of the hearing date. At the hearing, the person or vendor and all other individuals wishing to speak will be afforded a reasonable opportunity to do so. The City Commission will consider the matter de novo, and will determine whether the person or vendor operated in a manner harmful to the public health, safety or welfare, based upon the criteria specified in this section and in § 113.26(B). If the City Commission so finds, it may suspend, terminate, or otherwise impose additional conditions and/or restrictions upon the person or vendor.
(5) If the Police Chief or his/her designee finds that immediate serious danger to the public health, safety or welfare requires emergency suspension, termination or the imposition of additional conditions or restrictions upon the person or vendor, he/she may summarily order said suspension or termination, or may summarily impose additional conditions or restrictions. The Police Chief or his/her designee will take only that action necessary to protect the public interest. The Police Chief or his/her designee will provide the person or vendor with all information required by subsection (3) above, and will additionally disclose the specific facts and reasons for finding an immediate danger to the public health, safety or welfare and his/her reasons for concluding that the action taken is necessary to protect the public interest. The notice shall be served upon the person or vendor as required in subsection (3) above. The notice shall advise the person or vendor that he/she may request a hearing before the City Commission as provided in subsection (4) above. The notice shall also advise the person or vendor that he/she may request a hearing before the City Manager or his/her designee challenging the need for summary action (the "Emergency Hearing") by making a written request within five business days of being served with the notice. If the person or vendor requests an emergency hearing, the hearing will be conducted within two business days of the city's receipt of the request, unless extended by mutual agreement of the person or vendor and the City Manager or his/her designee. At the emergency hearing, the person or vendor will be afforded a reasonable opportunity to speak. If the City Manager or his/her designee determines that an immediate serious danger exists, the summary action of the Police Chief or his/her designee will continue in effect until the City Commission decision described in subsection (4) above is rendered. If the City Manager or his/her designee determines that an immediate serious danger does not exist, the summary action of the Police Chief or his/her designee will not be enforced until the City Commission decision described in subsection (4) above is rendered.
(6) If so suspended, the privilege to continue the on-premise sale of alcoholic beverages between the hours of 12:00 a.m. and 2:00 a.m. and the on-premise consumption of alcoholic beverages between the hours of 12:00 a.m. and 2:30 a.m. shall not be reinstated until any applicable condition of the suspension is met and the payment of a reinstatement fee in an amount established by resolution of the City Commission is made.
(7) Any person, vendor or establishment whose privilege of on-premise sale of alcoholic beverages between the hours of 12:00 a.m. and 2:00 a.m. and on-premise consumption of alcoholic beverages between the hours of 12:00 a.m. and 2:30 a.m. is revoked shall not be eligible to request reconsideration of said privilege for six months from the effective date of the revocation.
(8) Should the privilege be terminated or conditioned, the person or vendor may seek review of such action before the City Commission after six months. Any such request for review shall be scheduled for a hearing upon payment of the applicable fee as established by resolution of the City Commission. The City Commission may then modify or refuse to modify its action. Only one such review shall be given within a 12-month period.
(B) No person, vendor or distributor shall sell, offer for sale or deliver any liquor, beer or wine, regardless of the alcoholic content, by package, bottle or container, for the purpose of consumption off the premises, on any day of the week between the hours of 12:00 midnight and 7:00 a.m.
(‘72 Code, § 3-2(1), (2)) (Ord. O-79-24, passed 6-6-79; Am. Ord. O-85-63, passed 12-12-85; Am. Ord. O-87-63, passed 10-7-87; Am. Ord. O-88-56, passed 9-22- 88; Am. Ord. O-93-32, passed 7- 21-93; Am. Ord. O-2005-14, passed 7-13-05; Am. Ord. O-2006-31, passed 9-6-06; Am. Ord. O-2007- 24, passed 7-18-07; Am. Ord. O-2017-14, passed 9-20-17) Penalty, see § 113.99