Every license shall be granted subject to the following restrictions and all other requirements of this chapter and of any other applicable law of the city or state:
(A) Posting of license. A license issued under this chapter must be posted in a conspicuous place in the premises for which it is used.
(B) Description of premises. The application shall specifically describe the compact and contiguous premises within which liquor may be dispensed and consumed. A detailed diagram of the floor plan shall
be included. The description may not include any parking lot or sidewalk.
(1) A license issued under this chapter is only effective for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered, or extended, the licensee shall inform the issuing authority and complete a new license application.
(2) Patios/decks/outdoor areas.
(a) 1. Licensed establishments may choose to have an attached patio/deck or outdoor area on their premises, provided a site plan depicting the outdoor serving area is included in the original application for licensure. Such site plan shall include the following:
2. Demarcation of the outdoor serving area. Methods of demarcation may be a fence, wall, landscaping, or other means if deemed acceptable by City Council.
(b) Licensee shall not serve, allow or permit any person to be in possession of or consume alcohol beyond the area designated for such.
(c) The patio/deck/outdoor area must be included in the original application and be compact and contiguous with the liquor service area. If an addition, a new license application shall be made.
(C) Responsibility for sobriety and order. A licensee under this chapter shall be responsible for the conduct of the business being operated and shall maintain conditions of sobriety and order.
(D) Any Police Officer, Building Inspector, Fire Marshal, Code Enforcement Officer or any properly designated officer or employee of the city shall have the unqualified right to enter, inspect and search the premises of the licensee during business hours and after business hours during the time when customers remain on the premises, without a warrant.
(E) No licensee shall apply for or possess a federal wholesale liquor dealers special stamp tax or federal gambling stamp.
(F) Prostitution and illegal drug prohibitions. A licensee under this chapter shall not allow any person to engage in prostitution or to sell or use illegal drugs on the licensed premises or in any adjoining building or room under the licensee's control.
(G) Coin-operated amusement devices. Coin- operated amusement devices may not be made available in establishments holding an off-sale license under this chapter.
(H) Signage. The licensee shall post and maintain in a conspicuous place within the licensed premises clearly visible to consumers: one sign, 14-1/2 inches wide by eight inches high, as designed by the Commissioners of Health and Public Safety, which incorporates the following information:
(1) The penalties of driving while under the influence of alcohol;
(2) Penalties for serving alcoholic beverages to a person who is obviously intoxicated or under 21 years of age; and
(3) A warning statement regarding drinking alcohol while pregnant.
(I) Temporary amendment of licensed liquor premises. A holder of an on-sale liquor license shall make application to the issuing authority for a temporary amendment of the licensed premises, at least 60 days in advance, of any event at which the licensee proposes to amend the liquor licensed premises to provide for liquor service in a compact and contiguous area not included in the original license application. Included in that application, the licensee must submit a site plan of the compact and contiguous area from which liquor is to be dispensed and consumed, the maximum anticipated number of guests attending the event and the total occupancy load for the area covered by the temporarily amended licensed premises. The application must include evidence of insurance for the area covered by the temporarily amended licensed premises and payment of all temporary amendment processing fees set forth by the City Council. The City Council shall consider all such amendments to the licensed premises using the following criteria:
(1) The area to be used must be immediately adjacent to the licensed premises;
(2) The area will be used in connection with a special event no longer than three days in duration;
(3) No more than six temporary amendments per year will be allowed for a licensee at one establishment and a special license issued a non- profit, charitable, religious or political organization which contracts with the licensee for provision of service will be counted as part of this total;
(4) Adequate measures will be taken to control access to the additional area, to ensure that alcoholic beverages will not be furnished in violation of state law or this City Code to persons under the age of 21 years, obviously intoxicated persons or carried outside of the licensed premises or the temporarily expanded area;
(5) Adequate measures will be taken to ensure that there will not be a violation of the city's noise ordinance;
(6) The use of the additional area will not decrease available parking below that required by the zoning ordinance for the licensed premises;
(7) The use of the additional area will not unreasonably impede traffic circulation;
(8) The licensee has obtained adequate liability insurance for the additional area; and
(9) The issuance of the temporary amendment will not be adverse to the public health, safety and welfare.
(J) No liquor shall be sold or furnished to any intoxicated person or to any person under 21 years of age.
(K) Minors selling. No licensee under this chapter shall permit a person less than 18 years of age to serve or sell liquor or alcoholic beverage. A licensee under this chapter may employ a person under the age of 18 years, provided that person does not serve, sell, or furnish any liquor or alcoholic beverage, and provided that the employment of that person does not violate any state or federal child labor law or regulation.
(L) Consumption requirements. Consumption of on-sale alcoholic beverages is allowed only in the approved licensed premises.
(M) No persons, except employees or owners, shall be allowed on any licensed premises between the hours of 1:30 a.m. to 8:00 a.m.
(N) No licensee shall host, provide or utilize space within the licensed premises to conduct "under 21 night promotions" unless all liquor has been removed from the premises, including automated dispensing systems, and a special event permit has been submitted at least 60 days in advance, and is approved by the Council.
(O) Conditions for temporary liquor and 3.2% malt liquor licenses. The following conditions apply to all temporary licenses:
(1) Adequate measures will be taken to control access to the area, to ensure that alcoholic beverages will not be furnished in violation of state law or this City Code to persons under the age of 21 years or to obviously intoxicated persons or carried outside of the licensed premises;
(2) Adequate measures will be taken to ensure that there will not be a violation of the city's noise ordinance;
(3) The use of the area will not decrease available parking below that required by the zoning ordinance for the licensed premises;
(4) The use of the area will not unreasonably impede traffic circulation;
(5) The licensee has obtained adequate liability insurance which will cover the event and alcohol sale; and
(6) The issuance of the temporary license will not be adverse to the public health, safety and welfare.
(Ord. 707, passed 6-21-2011; Am. Ord. 710, passed 11-15-2011; Am. Ord. 749, passed 1-19- 2016; Am. Ord. 805, passed 6-7-2022) Penalty, see § 117.600