(A) It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale or otherwise dispose of intoxicating malt liquors, as part of a commercial transaction, without a liquor license pursuant to either § 112.085 of this chapter or this section. A holder of an on-sale wine license who is also licensed to sell 3.2% malt liquors at on-sale and whose gross receipts are at least 60% attributable to the sale of food, may sell intoxicating malt liquors at on-sale without any additional license from the city.
(B) The seller qualifying under this section shall submit proof to the City Council that not less than 60% of the gross sales of the establishment are from the serving of food. Upon request of the City Administrator, the seller shall submit a financial statement signed by an independent accountant that indicates the total gross sales of the establishment and the total food sales of the seller for the calendar year or fiscal year preceding the date of the seller’s license renewal application.
(2004 Code, § 112.091) (Ord. 95-140, passed 3-28-1995; Ord. 20-814, passed 6-9-2020) Penalty, see § 10.99