Every license shall be granted subject to the conditions of the following subsections and all other sections of this chapter, and of any other applicable ordinance of the City or State law:
A. Posting: A retail license to sell alcoholic beverages must be posted in a conspicuous place in the premises for which it is used.
B. Conduct Of Business: Every licensee shall be responsible for the conduct of the business and the conditions of sobriety and order in the place of business and on the premises.
C. Inspection: All licensed premises shall be open to inspection by any police officer or other designated officer or employee of the City at any time there are persons within the licensed premises.
D. Restrictions On Sales:
1. Resale: No licensee under this chapter may sell intoxicating liquor, wine, or 3.2 percent malt liquor to any person for the purpose of resale, or to any person whom the licensee has reason to believe intends to resell the intoxicating liquor, wine, or 3.2 percent malt liquor without written approval of the Commissioner of Public Safety.
2. Hotel Rooms: No sale of intoxicating liquor shall be made in guestrooms of hotels unless the hotel has an on sale license under this chapter. No sales of intoxicating liquor shall be made to or in guestrooms of hotels, unless the rules of such hotel provide for the service of meals in guestrooms; unless the sale of such intoxicating liquor is made in the manner in which on sale is required to be made; unless such sale accompanies and is incident to the regular service of meals to guests therein; and unless the rules of such hotel and the description, location and number of such guestrooms are fully set out in the application for a license.
3. Club Sales: No club shall sell an alcoholic beverage except to club members and to guests in the company of members.
E. Tampering With Contents:
1. No licensee shall sell, offer for sale, or keep for sale intoxicating liquors in any original package which has been refilled or partly refilled.
2. No licensee shall directly or indirectly through an agent, employee, or any other person dilute or in any manner tamper with the contents of any original package or bottle so as to change its composition or alcoholic content while the contents are in the original package or bottle. Possession on the premises of alcoholic beverages in the original package or bottle differing in composition or alcoholic content from when it was received from the manufacturer or wholesaler from whom it was purchased shall be prima facie evidence that the contents of the original package or bottle have been diluted, changed or tampered with in violation of this subsection.
F. Consumption On Approved Licensed Premises: Consumption of on- sale alcoholic beverages is allowed only in the approved licensed premises. A restaurant licensed to sell intoxicating liquor or wine at on-sale under this section may permit a person purchasing a full bottle of wine in conjunction with the purchase of a meal to remove the bottle on leaving the licensed premises provided that the bottle has been opened and the contents partially consumed. A removal of a bottle under the conditions described in this subsection is not an off-sale of intoxicating liquor and may be permitted without additional license.
G. Display Of Alcoholic Beverages During Prohibited Hours: No on sale liquor licensee shall display intoxicating liquor, wine or 3.2 percent malt liquor to the public during hours when the sale of intoxicating liquor, wine, or 3.2 percent malt liquor is prohibited by this chapter.
H. Off Sale Licenses; Additional Restrictions:
1. Deliveries; Receipt Required: No off sale licensee, his agent or employee, shall deliver any intoxicating liquor, wine or 3.2 percent malt liquor to or at any place or premises without obtaining a receipt therefor, signed by the person receiving such liquor and bearing the time, date and place of delivery. Such receipts shall be kept in the files of the licensee for a period of one (1) year, and such files and receipts shall be kept available for inspection by the City Clerk or designated City employee at all hours during which the licensed premises is open for business.
2. Business Name: The City shall not allow the same business name to be used by more than one (1) of its off sale intoxicating liquor licenses.
3. Samples: No off sale licensee under this chapter shall sell or furnish intoxicating liquor, wine, or 3.2 percent malt liquor on sale, except an off sale licensee may provide samples of malt liquor, wine, liqueurs, cordials, and distilled spirits which the licensee currently has in stock and is offering for sale to the general public, provided the wine, liqueur, cordial, and distilled spirits samples are dispensed at no charge and consumed on the licensed premises during the permitted hours of off sale in a quantity less than one hundred milliliters (100 ml) of malt liquor per variety per customers, fifty milliliters (50 ml) of wine per variety per customer, and twenty five milliliters (25 ml) of liqueur or cordial, and fifteen milliliters (15 ml) of distilled spirits per variety per customer.
4. Distilled Spirits: An off sale licensee of intoxicating liquor may sell distilled spirits in bottles of fifty milliliters (50 ml).
5. Coin Operated Amusement Devices: Coin operated amusement devices may not be made available in establishments holding an off-sale license under this chapter. (Ord. 511, 6-20-2017, eff. 7-1-2017)