It is unlawful for any person to sell, dispense, serve, allow consumption, give away, or distribute any alcoholic beverage without first obtaining a license and paying the fee in advance as prescribed in this chapter for such license. This chapter does not apply to areas included within the limits of an incorporated city that has enacted a liquor licensing ordinance requiring licensing and the payment of license fees. Without limiting the foregoing, the following licenses and permits are required:
A. Club Alcoholic Beverage License: It is unlawful for a club or nonprofit organization to sell any alcoholic beverage other than beer, wine, or spirit based products pursuant to a club beer and wine license without first obtaining a club alcoholic beverage license. A club alcoholic beverage license entitles the holder to sell alcoholic beverages only for consumption on the premises of the clubhouse and only to the club's members and their bona fide guests.
B. Club Beer And Wine License: It is unlawful for a club or nonprofit organization to sell beer, wine or spirit based products for which the alcohol content does not exceed ten percent (10%) by volume and is clearly labeled as such without first obtaining a club beer and wine license or a club alcoholic beverage license. A club beer and wine license entitles the holder to sell beer, wine or spirit based products for which the alcohol content does not exceed ten percent (10%) by volume and is clearly labeled as such, only for consumption on the premises of the clubhouse and only to the club's members and their bona fide guests.
C. Liquor Caterer Permits:
1. It is unlawful for any caterer to dispense, serve, or sell any alcoholic liquor unless the caterer first obtains an on premises alcoholic beverage license and a liquor caterer permit.
2. Each liquor caterer permit must state the times or places for which the liquor caterer is approved to dispense, serve or sell alcoholic beverages. Any dispensing, service, or sale of alcoholic liquor at any times or places beyond that stated in the permit is grounds for disciplinary action pursuant to this chapter.
3. Liquor caterer permits shall not allow use at an establishment as a means of circumventing the liquor licensing laws. A liquor caterer permit shall not authorize a permanent or semipermanent activity at a particular location or establishment. Without regard to the number of liquor caterers, the total number of liquor caterer permits issued for the same location or establishment may not exceed a total of three (3) days within a seven (7) consecutive day period or a maximum of twelve (12) days in any calendar month.
4. A location or establishment which does not hold an on premises alcoholic beverage license, but which is zoned for and is otherwise a premises eligible for an on premises alcoholic beverage license, shall not use a liquor caterer, except for a grand opening event or with specific authorization by the board for an activity at the location or establishment for a specific time period.
5. A caterer holding an on premises alcoholic beverage license must apply for a liquor caterer permit prior to the start of the catered event unless the caterer is prevented by circumstances out of his or her control from filing the required application prior to the start of the catered event, the application is filed no later than the end of the first working day following the catered event, the caterer submits a full explanation of the circumstances preventing the timely filing of the application and the caterer submits the applicable fees and a penalty equal to the fees. Submission of more than three (3) late filings in any one calendar year by any liquor caterer constitutes abuse of this provision and is grounds for disciplinary action pursuant to this chapter.
D. On Premises Alcoholic Beverages License:
1. It is unlawful for any person to sell for consumption on the premises any alcoholic beverage other than beer, wine or spirit based products pursuant to an on premises beer and wine license unless that person first obtains an on premises alcoholic beverage license. An on premises alcoholic beverage license entitles the holder to sell alcoholic beverages only in original packages or by the drink for consumption, and only on the premises where sold.
2. An on premises alcoholic beverage license may only be granted to a casino, a caterer, a golf course, a resort hotel, a restaurant, or a tavern as deemed appropriate by the board.
3. Each on premises alcoholic beverage licensee, with the exception of a caterer, golf course, or a restaurant, must have at least one main bar from which alcoholic beverages will be dispensed by the drink to customers at such bar and must have a separate service bar license for each separate service area.
4. An on premises alcoholic beverage licensee that is a restaurant may have a separate service bar without a main bar, but may serve alcoholic beverages only at dining tables or booths from a service bar and only in conjunction with complete meals ordered by restaurant customers.
5. The board may grant a portable bar permit to a golf course, a casino, a caterer, or a resort hotel that holds an on premises alcoholic beverage license. A portable bar permit issued to a golf course authorizes service of on premises alcoholic beverages to golf course patrons from an approved golf course vehicle.
6. The board may grant an individual access license to a resort hotel that holds an on premises alcoholic beverage license. An individual access licensee may only stock alcoholic beverages in a locked cabinet or refrigerator in a guestroom. The locked cabinet or refrigerator must allow adult guests to control access to the cabinet or refrigerator.
E. On Premises Beer And Wine License:
1. It is unlawful for any person to sell beer, wine, or spirit based products for which the alcohol content does not exceed ten percent (10%) by volume and is clearly labeled as such, for consumption on the premises without first obtaining an on premises beer and wine license or an on premises alcoholic beverage license. An on premises beer and wine license entitles the holder to sell beer, wine and spirit based products for which the alcohol content does not exceed ten percent (10%) by volume and is clearly labeled as such, only in original packages or by the drink for consumption, and only on the premises where sold.
2. An on premises beer or wine license may be granted to businesses as deemed appropriate by the board.
F. Package Beer And Wine License:
1. It is unlawful for any person to sell beer, wine, or spirit based products for which the alcohol content does not exceed ten percent (10%) by volume and is clearly labeled as such, in packages unless that person first obtains a package beer and wine license or a package alcoholic beverage license. A package beer and wine license entitles the holder to sell beer, wine and spirit based products for which the alcohol content does not exceed ten percent (10%) by volume and is clearly labeled as such, at retail in its original packages only, and only for consumption outside the premises where sold.
2. A package beer and wine license may only be granted to a convenience store, a drugstore, a gift store, a grocery store, or a tavern.
3. It is unlawful for a customer to consume packaged beer, wine, or spirit based products on the premises of the licensee, except that a customer of a casino or resort hotel licensee may consume the package beer, wine, or spirit based product in a guestroom.
4. A holder of a package beer and wine license shall post a sign in a conspicuous place in the area of the package store giving notice to the consumer that drinking alcoholic beverages on the premises or within one thousand feet (1,000') of the premises on public property is unlawful.
G. Package Alcoholic Beverage License:
1. It is unlawful for any person to sell any alcoholic beverages other than beer, wine or spirit based products pursuant to a package beer and wine license unless that person first obtains a package alcoholic beverage license. A package alcoholic beverage license entitles the holder to sell alcoholic beverages at retail in its original packages only, and only for consumption outside the premises where sold.
2. A package alcoholic beverage license may be granted, except within a geographical area developed pursuant to titles 14 and 15 of this code and within one mile from the boundaries of any such geographical area, only to a casino, a hotel, a tavern, or to a grocery store, drugstore, convenience store, gift store or liquor store.
3. A package alcoholic beverage license may be granted within a geographical area developed pursuant to titles 14 and 15 of this code and within one mile from the boundaries of any such geographical area only to a casino, a hotel, a tavern, or to a grocery store, drugstore, gift store or liquor store each having more than two thousand two hundred (2,200) square feet of floor space, exclusive of warehouse and office space, devoted to the display of merchandise for sale to the public.
4. It is unlawful for a customer to consume packaged alcoholic beverages on the premises of the licensee, except that a customer of a casino or resort hotel licensee may consume packaged alcoholic beverages in a guestroom.
5. A holder of a package alcoholic beverage license shall post a sign in a conspicuous place in the area of the package store giving notice to the consumer that drinking alcoholic beverages on the premises or within one thousand feet (1,000') of the premises on public property is unlawful.
H. Package Delivery License:
1. It is unlawful for any person to deliver alcoholic beverages in wholesale or to sell beer in kegs unless that person first obtains from the board a package beer keg delivery license.
2. A package beer keg delivery license may only be granted to a convenience store, tavern, resort hotel, casino, liquor store, grocery store, drugstore, gift shop, or a location limited to the exclusive sale of beer in kegs.
3. The licensee is allowed to deliver alcoholic beverages in wholesale or beer in kegs to any location within the county, except within the town limits of the towns of Alamo and Panaca, provided that: a) the licensee keeps complete records as to whom purchased the beer in a keg or kegs; the address where the beer in a keg is delivered; and by whom the beer in a keg is received; b) the licensee maintains a complete record of the above information for one year from the date of sale; c) the alcoholic beverages are not delivered to or received by minors; and d) delivery personnel are at least twenty one (21) years of age.
I. Special Event Permits:
1. Any on premises beer and wine licensee, any on premises alcoholic beverage licensee and any charitable or nonprofit fraternal, service, or benevolent organization, society, club, or sorority may apply for a special event permit to authorize the sale or dispensing of alcohol for a special event. Each charitable or nonprofit organization may not receive more than one special event permit per calendar month.
2. The board may issue a special event permit upon the filing of an appropriate application by the licensee or charitable or nonprofit organization that includes the name and social security number of the persons serving, distributing, or selling the alcoholic beverages.
3. A special event permit will not be issued to a charitable or nonprofit organization unless the organization submits evidence satisfactory to the board that the proceeds from the sale of alcoholic beverages will be used for charitable, benevolent, or community purposes.
4. Each special event permit will state the times or places for which the holder is approved to dispense, serve or sell alcoholic beverages which must not be for more than seventy two (72) consecutive hours in length. Any dispensing, service, or sale of alcoholic liquor at any times or places beyond that stated in the permit is grounds for disciplinary action pursuant to this chapter.
5. A special event permit issued to an on premises beer and wine licensee may not authorize the service of alcoholic beverages that would require an on premises alcoholic beverage license.
6. The holder of a special event permit is responsible for enforcing strict compliance with all laws pertaining to the sale, service, or distribution of alcoholic beverages.
7. A special event permit will not be issued to conduct business at locations during the time that the applicant's liquor license is revoked, terminated, or suspended.
8. Any violation of conditions of the special event permit may result in suspension of the permit, disciplinary action being taken against any liquor licenses held by the holder of the permit, or misdemeanor citations for any violations of this Code.
J. Work Identification Card: Nothing in this chapter shall relieve an employer or employee from complying with the "Lincoln County Work Identification Card Ordinance", defined in chapter 7 of this title. (Ord. 2008-04, 12-15-2008, eff. 7-1-2009)