§ 113.01 HOURS OF SALE.
   It shall be unlawful for any licensee under this section, or any amendment or supplement thereto:
   (A)   Distilled spirits and wine.
      (1)   To sell, give away, or permit to be sold or given away any distilled spirits or wine at retail between the hours of 12:00 a.m. midnight and 6:00 a.m. on any weekday and Saturday, or between the hours of 12:00 a.m. and 1:00 p.m. Sunday, or the hours of 9:00 p.m. Sunday and 6:00 a.m. Monday; or
      (2)   To permit the consumption of any distilled spirits or wine on the licensed premises between the hours of 12:00 a.m. and 6:00 a.m. on any weekday and Saturday or between the hours of 12:00 a.m. Sunday and 6:00 a.m. Monday.
      (3)   Notwithstanding divisions (1) and (2), any retail drink or package licensee under this chapter may sell, permit to be sold, and retail drink licensees may permit the consumption of, distilled spirits or wine at any time between 12:00 a.m. on the first Saturday in May of each year through 6:00 a.m. on the following Sunday.
      (4)   Notwithstanding the provisions of divisions (1) and (2), any special hours retail package or drink licensee may sell or permit to be sold and any special hours retail drink licensees may permit the consumption of distilled spirits or wine at any time between the hours of 12:00 a.m. and 2:00 a.m. and 2:00 a.m. to 4:00 a.m. on each day of the week, as long as the licensee holds a current, corresponding special hours license(s). However, an extended (special) hours retail package license, as discussed immediately above, specifically prohibits the sale of distilled spirits and wine on Monday between the hours of 12:00 a.m. and 4:00 a.m.
   (B)   Malt beverages.
      (1)   To sell, give away, or permit to be sold or given away any malt beverage at retail between the hours of 12:00 a.m. and 6:00 a.m. on any day of the week; or
      (2)   To permit the consumption of any malt beverage on the licensed premises between the hours of 12:00 a.m. and 6:00 a.m. on any day of the week.
      (3)   Notwithstanding the provisions of division (1) and (2), any malt beverage licensee may sell, permit to be sold, or permit the consumption of malt beverages at any time between 12:00 a.m. on the first Saturday in May of each year through 6:00 a.m. on the following Sunday.
      (4)   Notwithstanding the provisions of divisions (1) and (2), any special hours malt beverage licensee may sell, permit to be sold, or permit the consumption of malt beverages between the hours of 12:00 a.m. and 2:00 a.m., and 2:00 a.m. to 4:00 a.m. on each day of the week, as long as the licensee holds a current, corresponding special hours license(s).
   (C)   Sunday.
      (1)   To sell, give away, or permit to be sold or given away any malt beverage at retail between the hours of 12:00 a.m. midnight Sunday and 1:00 p.m. Sunday; or
      (2)   To permit the consumption of any malt beverage on the licensed premises between the hours of 12:00 a.m. midnight Sunday and 1:00 p.m. Sunday.
      (3)   Notwithstanding the provisions of subsections (A) and (B), any malt beverage licensee under this chapter may sell, permit to be sold, or permit the consumption of malt beverages at any time between 12:00 a.m. on the Sunday following the first Saturday in May of each year and 6:00 a.m. on the Sunday following the first Saturday in May of each year, and also at any time between 12:00 p.m. on the Sunday following the first Saturday in May of each year and 12:00 p.m. on Monday, the following day.
      (4)   Notwithstanding the provisions of divisions (1), (2), (3), and (5), any special hours retail drink, special hours package, or special hours malt beverage licensee may sell, permit to be sold, or permit consumption of liquor, wine, or malt beverages on Sundays between the hours of 12:00 a.m. and 2:00 a.m., and 2:00 a.m. to 4:00 a.m., as long as the licensee holds a current, corresponding special hours license(s).
      (5)   Notwithstanding the provisions of divisions (1), (2), and (3), all hotels, motels, and restaurants, which are retail drink and wine by the drink licensees and who have dining facilities with a minimum seating capacity of 100 people at tables and who receive at least 50% or more of their gross annual income from dining facilities by the sale of food, may sell, permit to be sold, or permit consumption of liquor or wine on Sundays between the hours of 1:00 p.m. and 12:00 a.m. on Monday, the following day.
(`91 Code, § 113.01) (Ord. 410.2-1982, passed 8-10-82; Am. Ord. 8-22-05, passed 9-26-05; Am. Ord. 9-25-06A, passed 10-23-06; Am. Ord. 6-28-10, passed 7-26-10)