(A) Alcoholic beverages. The provisions of this section, unless the context otherwise clearly requires, shall be construed to relate to all alcoholic beverages, including distilled spirits, wines and malt beverages.
(B) Classifications and fees. Classifications and fees for on-sale and off-sale dealers, shall be as follows.
(1) Off-sale dealer, any person who sells or keeps for sale any alcoholic beverage, for consumption off the premises where sold. License fee is not more than an amount as set by the City Council from time to time.
(2) On-sale dealer, any person who sells or keeps for sale any alcoholic beverage, other than pursuant to another license under this chapter, for consumption on the premises where sold. License fee is in an amount as set by the City Council from time to time.
(3) Wine retailers, being both package dealers and on-sale dealers. License fee is in an amount as set by the City Council from time to time.
(4) Malt beverage retailers: any person who sells or keeps for sale, other than resale, malt beverages as both package dealers and on-sale dealers. The license fee is in an amount as set by the City Council from time to time.
(5) Malt beverage package dealers: any person who keeps for sale or sells malt beverages for consumption off the premises where sold. The license fee is in an amount as set by the City Council from time to time.
(6) Off-sale package wine dealers in table wines, sparkling wines, sacramental wines and distilled spirits produced from product provided to an artesian distiller by the respective farm winery to be operated in conjunction with a farm winery established pursuant to § 111.08. License fee is not more than an amount as set by the City Council from time to time.
(C) No delivery outside premises. No off-sale licensee shall make any delivery of alcoholic beverages outside of the premises described in his or her license.
(D) Service on licensed premises only. No on-sale licensee shall serve alcoholic beverages except on the premises authorized by his or her license.
(E) Service by persons 18 and older. No on-sale licensee shall permit any person less than 21 years old to loiter on the licensed premises or to sell, serve, dispense or consume alcoholic beverages on such premises. However, an on-sale licensee licensed pursuant to divisions (B)(2) and (B)(3) and may permit persons 18 years old or older to sell or serve or dispense alcoholic beverages if less than 50% of the gross business transacted by the establishment is from the sale of alcoholic beverages and the licensee or an employee that is at least 21 years of age is on the premises when the alcoholic beverage is sold or dispensed. For the purposes of this section, the term TO SELL AND SERVE ALCOHOLIC BEVERAGES means to take order for alcoholic beverages and to deliver alcoholic beverages to customers as a normal adjunct of waiting tables. The term does not include tending bar or drawing or mixing alcoholic beverages.
(F) Service by persons 18 and older. No off-sale licensee, licensed pursuant to division (B)(1) and (B)(4) above, shall permit any person less than 21 years old to sell, serve or dispense alcoholic beverages on the licensed premises unless such sales of alcoholic beverages constitutes less than 50% of the gross business transacted by that establishment. If alcoholic beverage sales constitute less than 50% of the gross business transacted by the establishment, the licensee may permit person 18 years old or older to sell, serve or dispense alcoholic beverages.
(G) Hours and days of sale for alcoholic beverages includes Memorial Day and Sundays. No on-sale or off-sale licensee licensed under divisions (B)(1) and (B)(2) above may sell, serve, or allow to be consumed on the premises covered by the license, alcoholic beverages between the hours of 2:00 a.m. and 7:00 a.m. or anytime on Christmas Day. The sale, service and consumption of alcoholic beverages on Sunday and Memorial Day is allowed.
(H) Hours of sale for malt beverage and wine dealers. No on-sale or off-sale licensee licensed under § 111.02(B)(3) or (B)(4), may sell, serve, or allow to be consumed on the premises covered by the license, alcoholic beverages between the hours of 2:00 a.m. and 7:00 a.m. or anytime on Christmas Day. The sale, service and consumption of alcoholic beverages on Sunday and Memorial Day is allowed.
(I) On-sale dealer cannot sell packaged alcohol. No person shall buy from any on-sale dealer any alcoholic beverage, except for malt beverage retailers being both package dealers and on-sale dealers, in a package, whether sealed or unsealed, or whether full or partially full.
(J) Sales to intoxicated person prohibited. No licensee shall sell any alcoholic beverage to any person who is obviously intoxicated at the time.
(K) Licensee prevent intoxication. No licensee may permit any person to become intoxicated on the premises described on the license.
(Prior Code, § 3A-02) (Ord. 1142, passed 9-9-2014; Ord. 1209, passed 3-16-2020) Penalty, see § 10.99