(A) Classification.
(1) The classification of licenses to be issued be and the same are hereby amended as follows.
(a) Class A: Alcoholic liquor may be sold for consumption on the licensed premises and coincident to and in conjunction with and only coincident to and in conjunction with the active and substantial exercise of that privilege. Alcoholic liquor also may be sold in packages for consumption off the licensed premises.
(b) Class B: Alcoholic liquor may be sold only in packages for consumption off the licensed premises.
(c) Class C: Alcoholic liquor may be sold by a club for consumption on or off the licensed premises only to members of the club and invited guests of members personally being attended by a member.
(d) Class D: Alcoholic liquor may be sold at a golf course and on the premises of the golf course itself.
(e) 1. Class E: Alcoholic liquor may be sold at a restaurant.
2. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
RESTAURANT. Any public place kept, used, maintained, advertised, and held out to the public as a place where meals are served, and where meals are actually and regularly served; that space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook, and serve suitable food for its guests.
(f) Class F: Alcoholic liquor may be sold at bowling alleys.
(g) Class G: Alcoholic liquor may be drawn, poured, mixed, or otherwise served for consumption on the premises, but not coincident to nor in conjunction with the active and substantial exercise of that privilege. Alcoholic liquor may be sold in packages for consumption off the licensed premises. No person under the age of 21 shall be permitted upon the premises at any time. A video gaming license is also required for this classification, and gaming is the primary source of revenue.
(h) Class H: Hotel—full service and hotel—limited service facilities. Alcoholic liquor may be drawn, poured, mixed, or otherwise served for consumption on the premises. Alcoholic liquor may be sold in packages for consumption on or off the licensed premises.
(2) The classes of licenses used in this section shall be construed to permit the holder of a license to sell at retail only for consumption on or off the premises, as the case may be, with the further provision that alcoholic liquor shall not be sold, delivered, or consumed upon the premises so licensed, between the hours of 2:00 a.m. and 7:00 a.m. on any day.
(B) Class A licensed premises; persons under 21 prohibited. No person under the age of 21 shall be allowed to remain upon the premises of any liquor establishment holding a class A license.
(C) Petition for variance. Holders of a class A liquor license shall be allowed to petition the Liquor Control Commission of the city for a variance of division (B) of this section. The request for a variance shall be limited to those times only when the holder of the class A liquor license does not have his, her, or its establishment open to the general public. The request for a variance shall be limited to special events or parties. The granting of a variance shall be in the sole discretion of the Liquor Control Commissioner. The placing of this provision for a variance in this section shall not be deemed a right of any holder of a class A liquor license to be granted a variance, but rather shall be determined on a case by case basis in the sole discretion of the Liquor Control Commissioner.
(D) Number of licenses. The number of licenses of each class shall be as follows.
Liquor License Class | Number of Licenses |
Liquor License Class | Number of Licenses |
Class A | 6 |
Class B | 12 |
Class C | 5 |
Class D | 1 |
Class E | 11 |
Class F | 1 |
Class G | 6 |
Class H |
5 |
(E) Fees. The fee for a liquor license shall be paid in one payment at the time of the renewal of the license. The fee for each license shall be as follows.
Liquor License Class | License Fee |
Liquor License Class | License Fee |
Class A | $850 |
Class B | $750 |
Class C | $700 |
Class D | $850 |
Class E | $750 |
Class F | $850 |
Class G | $1,000 |
Class H | $1,000 |
(F) Appeals. All appeals to the State Liquor Control Commission by a city liquor licensee of a decision, order, or action by the Local Liquor Control Commission or designee having the effect of fining a licensee or suspending or revoking the license of a licensee, shall be limited to review of the official record of the formal proceedings before the Liquor Control Commissioner.
(1983 Code, § 3-37) (Ord. 2177, passed 10-4-1973; Am. Ord. 2230, passed 10-6-1977; Am. Ord. 2237, passed 10-13-1977; Am. Ord. 2252, passed 8-10-1978; Am. Ord. 2311, passed 5-7-1981; Am. Ord. 2317, passed 7-9-1981; Am. Ord. 2372, passed 5-5-1983; Am. Ord. 2610, passed 8-8-1991; Am. Ord. 2725, passed 9-21-1995; Am. Ord. 2931, passed 4-5-2001; Am. Ord. 2942, passed 9-6-2001; Am. Ord. 2993, passed 8-8-2002; Am. Ord. 2997, passed 9-9-2002; Am. Ord. 3011, passed 1-9-2003; Am. Ord. 3034, passed 7-10-2003; Am. Ord. 3211, passed 3-18-2008; Am. Ord. 3281, passed 6-1-2010; Am. Ord. 3339, passed 3-6-2012; Am. Ord. 3344, passed 6-19-2012; Am. Ord. 3400, passed 4-1-2014; Am. Ord. 3414, passed 2-3-2015; Am. Ord. 3421, passed 3-3-2015; Am. Ord. 3431, passed 7-22-2015) Penalty, see § 10.99