Licenses shall be of two kinds: retail on-sale and retail off-sale.
(A) On-sale licenses.
(1) Locations. On-sale licenses shall be granted only to clubs, 3.2% malt liquor stores, bowling centers, restaurants and hotels where food is prepared and served for consumption on the premises. On-sale licenses shall permit the sale of 3.2% malt liquor for consumption on the premises only.
(2) Additional licenses. A holder of an on-sale license to sell 3.2% malt liquor pursuant hereto, who is also licensed to sell on-sale wine pursuant hereto and is licensed to sell on-sale 3.2% malt liquor pursuant hereto and whose gross receipts are at least 60% attributable to the sale of food, is permitted to sell intoxicating malt liquor at on-sale without an additional license.
(3) Outdoor consumption endorsement.
(a) A special endorsement may be issued by the city to the holder of an on-sale 3.2% malt liquor license to allow sales and consumption of 3.2% malt liquor outdoors when the outside service area is immediately adjacent to and contiguous with the licensed premises. The licensee shall make application for the special endorsement to the city and provide site plans which illustrate the proposed outdoor service area. The special endorsement may be issued by the City Council to the licensee by resolution after a public hearing on the special endorsement is held. The designated outdoor service area shall not reduce the number of off-street parking spaces which would be required if the licensed premises together with the outside service area were to be newly constructed in conformity with the city’s Zoning Code.
(b) The city may also require improvements to the outside service area prior to issuing the special endorsement, including, but not limited to, safety barriers or other enclosures to be placed around the perimeter of the outside service area in order to protect patrons from any hazards, including vehicular traffic.
(4) Temporary on-sale 3.2% malt liquor license. Temporary on-sale 3.2% malt liquor licenses may be issued to a club, charitable, religious or non-profit organization for not more than two consecutive days. The license will permit the licensee to dispense 3.2% malt liquor at any civic event sponsored by or approved by the city. The licensee must be engaged to dispense 3.2% malt liquor at the event held by a person or organization permitted to use the premises, and may dispense 3.2% malt liquor only to persons attending the event. The licensee may not dispense 3.2% malt liquor to any person attending or participating in an amateur athletic event held on the premises. Proof of financial responsibility is required in accordance with § 110.051(A) of this chapter.
(B) Off-sale licenses. Off-sale licenses shall permit the sale of 3.2% malt liquor at retail, in the original package, for consumption off the premises only.
(Prior Code, § 503.03) (Ord. 467, passed 06-26-1989; Ord. 619, passed 04-27-1998; Ord. 771, passed 04-24-2006; Ord. 843, passed 05-20-2010)