(A)
For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS ESTABLISHMENT. A business within the City where distilled spirits, wine, and/or beverages are sold for consumption on the licensed premises pursuant to Quota Retail Drink, Quota Retail Package, Non-Quota (NQ) Retail Malt Beverage Package, Non-Quota 1 (NQ-1), Non-Quota 2 (NQ-2) Retail Drink, Non-Quota 3 (NQ-3) Retail Drink, or Non-Quota 4 (NQ-4) Retail Malt Beverage Drink license that has been issued by the City.
LICENSE. Quota Retail Drink, Quota Retail Package, Non-Quota (NQ) Retail Malt Beverage Package, Non-Quota 1 (NQ-1), Non-Quota 2 (NQ-2) Retail Drink, Non-Quota 3 (NQ-3) Retail Drink, or Non-Quota 4 (NQ-4) Retail Malt Beverage Drink license issued by the City.
LICENSED PREMISES. The land, including adjacent owned or leased parking lots, and building in and upon which any business establishment regulated by alcoholic beverage statutes is carried on.
LICENSEE. Any person to whom a Quota Retail Drink, Quota Retail Package, Non-Quota (NQ) Retail Malt Beverage Package, Non-Quota 1 (NQ-1), Non-Quota 2 (NQ-2) Retail Drink, Non- Quota 3 (NQ-3) Retail Drink, or Non-Quota 4 (NQ-4) Retail Malt Beverage Drink license has been issued by the City, including the officers and agents of the licensee.
PERSON. A human being, and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government authority.
(B) Any person or licensee which owns, operates or controls any business establishment which serves or provides any type of alcoholic beverage shall prohibit the removal of any such alcoholic beverage from inside the licensed premise to the outside of the licensed premise if the alcoholic beverage is in any opened container.
(C) There is exempted from this section any person or licensee holding any license herein which has an outside public facility adjacent and connected to the licensed premises (such as a “beer garden” or “patio”) and which is used primarily during certain seasons of the year, for consumption of alcoholic beverages by its patrons in such an outdoor setting. For the purpose of this section, the same shall be considered as a part of the licensed premises as though it were located indoors.
(D) There is exempted from this section any person or licensee which holds a Special Temporary license, which license permits the operation of an outdoor festival.
(E) Any person or licensee which owns, operates or controls any business establishment where alcoholic beverages are served or provided shall prohibit the drinking of the alcoholic beverages on any parking lot which is adjacent, adjoining, connected with or used by the patrons of the business establishment which is under the direct control of the licensee.
(F) No person shall drink any alcoholic beverage on any parking lot which is made available for use by the patrons of a licensed premises, which is under the direct control of a licensee or which is part of a licensed premises.
(G) No licensee with a Quota Retail Package or a combination of Quota Retail Package and Quota Retail Drink license shall sell, give away or otherwise serve its patrons any alcoholic beverage in any disposable type cup or disposable drinking container or sell, give away or otherwise serve its patrons ice in any disposable type cup or disposable drinking container.
(1995 Code, § 5.08.080) (Am. Ord. O-2013-011, passed 8-19-2013; Am. Ord. O-2020-009, passed 6-16-2020)
Penalty, see § 111.99