A. It is unlawful for any person to sell beer to any person intoxicated, or under the influence of any intoxicating beverage.
B. No license shall be granted to sell beer in any dance hall or theater. No class C license shall be granted within nine hundred feet (900') of any school or public or privately owned educational institution offering a general accredited curriculum to the youth. The nine hundred foot (900') requirement shall be measured from the nearest point of the structure selling the beer to the nearest property line of said church or school. This subsection shall not apply to existing licenses.
C. It shall be unlawful to sell beer to any person under the age of twenty one (21), or to sell beer for consumption on the premises or to permit the drinking of liquor on such premises.
D. It shall be unlawful to sell or otherwise furnish or dispose of beer, or allow it to be drunk or consumed on the premises or to allow beer out of original containers to remain on the licensed premises, whether or not open to the public, after the closing hour of one o'clock (1:00) A.M. and before six o'clock (6:00) A.M. of any day, except that the closing hour on the day following December 31 of any year shall be two o'clock (2:00) A.M.
E. Any person having a class B or C beer license, or his agents or employees, shall remove or cause to be removed from the licensed premises all patrons, customers or individuals not employed on the premises by the time stated in subsection D of this section.
F. It shall be unlawful for any person having a class B or C beer license or for his agents or employees to permit any patron, customer or individual not employed on the premises to remain on such premises after the closing time provided in subsection D of this section; but no licensed premises may employ more than two (2) persons on the premises after the closing hour without the permission of the chief of police or the mayor.
G. Licensed premises shall be kept brightly illuminated at all times while it is occupied or open for business, and no booth or kind of stall shall be maintained unless all tables, chairs and occupants are kept open to full view from the main floor and the entrance of such licensed premises. It shall be unlawful to advertise the sale of beer except under such regulations as are made by the alcoholic beverage control commission of the state, but a simple designation of the fact that beer is sold under city license may be placed in or upon the window or front of the licensed premises.
H. It shall be unlawful for any person to sell beer except in the manner for which he has been so licensed pursuant to the provisions of this chapter.
I. It shall be unlawful to keep or maintain a "nuisance", as defined in section 3-2-1 of this chapter. (1989 Code § 9-421)
J. The total number of class C beer licenses issued by the city shall not exceed three (3), but this subsection shall not operate to reduce the number of class C beer licenses now issued, whether the license was issued by the city or by the county, nor shall it affect reapplication for existing class C beer licenses. (Ord. 93-1, 4-20-1993)
K. No license issued to permit the sale of beer may be transferred to any other person or to any other location or place of business unless otherwise approved by the city council. Whenever a person sells or transfers a place of business to which a beer license has been issued, the license shall on such date of transfer or sale expire. (1989 Code § 9-421)
L. No person, business entity or corporation shall be issued a license to sell beer within the city if the person, corporation, partnership, limited partnership or other business entity, or principal therein, has been convicted of an offense under any ordinance of the city involving the unlawful sale of beer, drugs or any alcoholic beverage. As used in this subsection, "principal" means a limited partner, a partner, an officer or director of the corporation, or person owning five (5) or more percent of the shares of the corporation. A person is deemed to be the owner of the shares of a corporation which the person, his spouse, the person's parents or the person's children own. (1989 Code § 9-421; amd. 2012 Code)
M. A minor may not sell beer on the premises of a class A beer retailer for off premises consumption except under the supervision of a person twenty one (21) years of age or older who is on the premises. (Ord. 90-5, 9-4-1990)
N. If malt beverages or malt liquor is sold by a class A beer retailer for off premises consumption, the retailer shall display a sign at the location on the premises where the malt liquor or malt beverages are sold, stating "malt beverages and malt liquor are alcoholic beverages". A violation of this subsection is an infraction, subject to penalty as provided in section 1-4-1 of this code. (Ord. 90-5, 9-4-1990; amd. 2012 Code)