(A) The licensee shall not sell, give, or deliver any alcoholic beverages to any person who appears to a reasonable person, to be actually or apparently under the influence of alcoholic beverages, controlled substances, other intoxicating substances, or any of these substances in combination, to the degree that the person may endanger any person or property, or unreasonably annoy persons in the vicinity.
(B) No retail licensee shall sell, give away, or deliver any alcoholic beverages, or procure or permit any alcoholic beverages to be sold, given away, or delivered to:
(1) A person actually or apparently under the influence of alcoholic beverages. No licensee, or agent or employee of the licensee, shall permit any person to become drunk or intoxicated on the premises, nor shall any licensee sell alcoholic beverages to any person who is actually or apparently under the influence of alcoholic beverages;
(2) A habitual drunkard, or any person known to the seller or server to be a habitual drunkard, or any person known to the seller or server to have been convicted of drunkenness as many as three times within the most recent 12-month period;
(3) Except as provided in division (B)(2) above, anyone known to the seller or server to have been convicted of D.U.I, or any other misdemeanor attributable directly or indirectly to the use of alcoholic beverages, or for a felony;
(4) No licensee shall sell, or agree to sell, any alcoholic beverages or cause or permit any alcoholic beverage to be sold, to any person who has been reported to the licensee by any court or by any officer acting at the direction of a court as having failed to make proper provision for his or her family; and
(5) No licensee shall permit any person who is actually or apparently under the influence of alcoholic beverages to remain on the licensed premises. As used herein, whether a person is actually or apparently under the influence of alcoholic beverages shall be determined by the licensee or server with specific reference to the principles and guidelines established in mandatory alcohol server training as to the signs of alcohol intoxication.
(Ord. 05-2019, passed 12-30-2019) Penalty, see § 115.999