(A) Conduct requirement. Each licensed premises shall at all times be conducted in an orderly manner, and no disorderly, riotous, or indecent conduct shall be allowed at any time on any licensed premises.
(1) A retail licensee, a patron, or the licensee’s agents, servants or employees shall not cause, suffer, or permit the licensed premises to be disorderly.
(2) Acts which constitute disorderly premises consist of causing, suffering, or permitting patrons, the licensee, or the licensee’s servants, agents, or employees to cause public inconvenience, annoyance, or alarm, or create a risk through:
(a) Engaging in fighting or in violent, tumultuous, or threatening behavior;
(b) Making unreasonable noise;
(c) Refusing to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency;
(d) Creating a hazardous or physically offensive condition by any act that serves no legitimate purpose;
(e) Creating a public nuisance;
(f) Engaging in criminal activity that would constitute a capital offense, felony, or misdemeanor; or
(g) Failing to maintain the minimum health, fire, safety or sanitary standards established by the state or a local government, or by state administrative regulations, for the licensed premises.
(B) Zoning restrictions. For the purpose of regulating the location of retail package liquor and retail drink (malt beverages, wine, and liquor) licenses in the city and various zoning districts as fixed and established by the city planning and zoning ordinance and the zoning map adopted thereby, as the same may from time to time be amended the zoning restrictions are hereby adopted as a part of this chapter.
(1) No license shall be issued to any person, firm or corporation for selling at retail or wholesale any alcoholic beverages at any premises or location where such business is prohibited under the present zoning ordinance or any other ordinances of the city or any ordinance supplementary or amendatory to same and any license issued in violation of this section shall be void.
(2) No nonquota malt beverage package license shall be granted or issued to any licensee which is located within one hundred (100) feet of the location of any similar establishment in any B-1, B-2, or B-3 commercial district or any industrial district within one hundred (100) feet of a similar establishment located in any other district.
(3) A quota retail package license shall not be granted or issued to any person who will sell retail package liquor at any location within one thousand (1000) feet of the location of any licensed retail package liquor establishment located in the city.
(C) The distance between locations of similar establishments as prescribed by this section shall be measured by following the shortest route of ordinary pedestrian travel along public thoroughfares from the nearest point of any present location of any such similar place of business to the nearest point of any proposed location of any such place of business. The measurements shall be taken from the entrance of existing licensed premises to the entrance of any proposed location.
(D) No license shall be granted for any premises located within a residential zone or within one hundred (100) feet adjoining a residential zone.
(E) No license shall be issued unless the premises to be licensed conforms to the sanitary, safety, and building code requirements of the city and rules and regulations of the State Board of Health applicable thereto. Further, the Local Administrator shall not grant any alcoholic beverage license by the drink until such applicant and his, her or its place of business have been approved by the State Health Department and City Building Inspector.
(F) Any person, firm or corporation holding a nonquota type 4 retail malt beverage drink license or nonquota type 2 retail drink license shall maintain an easily discernible physical barrier between the bar area and the general dining area. Said bar area shall be posted “Person under twenty-one (21) years of age may not enter or remain in this area”.
(Ord. 5:2000, passed 5-8-00; Am. Ord. 20:2000, passed 12-11-00; Am. Ord. 12:2006, passed 6-12-06; Am. Ord. 28:2013, passed 11-11-13)