§ 111.017 CHANGE IN FLOOR PLAN OR FOCUS OF LOCAL OPERATION.

   (A)   During the term of any license issued for the sale of alcoholic liquor for consumption on the premises, if a licensee proposes to make any change which would alter its operation from the conditions pursuant to which the license was initially granted, including any change in any required floor plan or in the type and focus of the theme, decor, motif, advertising or menu for the licensed business, in any manner which would promote the sale of alcoholic liquor or of the entertainment available on the premises as opposed to the availability of food service, or which would change the ratio of alcohol sales to other activities on the licensed premises by more than 10%, the licensee shall apply in writing to the Commissioner for approval of such changes, shall apply to the Community Development Department for any required permits or approvals of such changes, and shall provide information concerning the specific changes proposed, including a revised floor plan, if any.

   (B)   Upon receipt of a request for approval of any of the changes as provided in paragraph (A) of this section, the Commissioner shall review the licensee’s proposed changes and the report of the Community Development Department in order to determine the nature and significance of the changes in consideration of the classification of the license held and the requirements established for such classification. The Commissioner may approve the proposed changes if it is determined that the proposed changes in the floor plan, the nature and focus of the operation, the menu, the type and focus of advertising for the licensed business, and the ratio of alcohol sales to other activities on the premises is not so substantial as to make questionable the continued conformance of the licensed premises with the requirements of this subchapter for the license classification, and that such proposed changes conform with the requirements of all other ordinances of the city, including the city’s zoning code. If it is determined that the proposed changes are substantial, the Commissioner shall notify the licensee in writing that the changes are so substantial as to make questionable the continued conformance of the licensed premises with the requirements of this subchapter for the license classification, or with the requirements of other ordinances of the city, including the zoning code, and that such changes will not be permitted.

   (C)   The fee for any application request for approval of changes on licensed premises as provided in paragraph (A) hereof shall be $500. No additional license fee shall be payable, and no new license shall be required by virtue of the changes described in paragraph (A) hereof, unless the changes referred to in this section are accompanied by a change in type of license (See § 111.010(G)).

   (D)   So long as an application for approval of any of the changes described in paragraph (A) hereof is pending, and not yet acted on by the Commissioner, the applicant may continue to conduct its business and operations in the manner approved at the time the license was initially granted. If approval of the proposed changes is granted, the licensee may proceed to implement such changes in accordance with the approval granted, and subject to any conditions which may be established as part of such approval. If approval is denied, the licensee shall continue to operate its business in the manner approved at the time the license was initially granted.

   (E)   Any licensed business which implements any of the changes on licensed premises as provided in paragraph (A) hereof, without requesting and receiving approval of the Commissioner as provided therein, shall be subject to penalties for violation of this subchapter, as established in § 111.037 of this subchapter, up to and including revocation of the license.

(Ord. 02-44, passed 11-26-02; Am. Ord. 22-24, passed 8-23-22)

§ 111.018 CESSATION OF BUSINESS.

   Any licensee who has ceased to do business or closes its place of business for a period of more than 30 successive days, without written permission therefor from the Commissioner, shall be subject to having its license declared forfeited or lapsed by order of the commissioner.

(Ord. 02-44, passed 11-26-02)

§ 111.019 LICENSES SUBJECT TO AMENDMENTS OF RULES AND REGULATIONS.

   All licenses issued pursuant to this subchapter shall be subject to any and all changes or amendments that may be hereafter made to the provisions of this subchapter or to any rules or changes in rules adopted by the Commissioner. No licensee shall have any vested right to the continuation of any provision of this subchapter.

(Ord. 02-44, passed 11-26-02)

§ 111.020 RENEWAL; EFFECT OF FAILURE TO RENEW.

   (A)   Any licensee may renew its license at the expiration thereof, provided that such licensee is then qualified to receive a license, and that the premises for which such renewal license is sought are suitable for such purpose; and provided further that the renewal privilege herein provided for shall not be construed as a vested right which shall, in any case, prevent the City Council from decreasing the number of licenses to be issued within the city. Application for renewal shall be made on forms as provided in § 111.005.

   (B)   Any license issued pursuant to this subchapter shall terminate by operation of law if not renewed within ten days after the date of its expiration. Thereafter, the licensee may apply for reissuance, pursuant to § 111.005, and consideration of such application shall be made pursuant to the procedures established by § 111.007.

   (C)   In order to assure eligibility to renew the license, the licensee shall certify to the continued compliance of the premises with the conditions pursuant to which the license was initially granted, including the floor plan that was approved as part of the initial licensing.

   (D)   No license shall be renewed until the applicant provides the Commissioner with documentation that any tax owed to the city has been paid.

   (E)   No license shall be renewed until the applicant provides the Commissioner with photocopies of certificates of compliance for all managers of liquor sales, sales clerks, security personnel, bartenders, servers and anyone whose job description includes checking of identification for the purchase of alcoholic liquor, who is employed on the licensed premises at the time of renewal, as required under § 111.026(C) of this subchapter.

(Ord. 02-44, passed 11-26-01)

§ 111.021 DISPLAY OF LICENSE.

   The licensee shall cause the license issued pursuant to this subchapter to be framed and hung in plain view in a conspicuous place on the licensed premises, where. it is readily visible to the city's Police Department or any other inspecting official.

(Ord. 02-44, passed 11-26-02) Penalty, see § 111.999

§ 111.022 RESPONSIBILITY FOR OFFICERS, DIRECTORS, LIQUOR MANAGERS AND EMPLOYEES.

   Every act or omission of whatsoever nature, constituting a violation of any of the provisions of this subchapter by an officer, director, liquor manager or employee of any licensee, if such act is committed or omission is made within the scope of such office or employment or with the authorization, knowledge, or approval of the licensee, shall be deemed and held to be the act of such licensee, and such licensee shall be punished in the same manner as if such act of omission had been done or omitted by such licensee personally.

(Ord. 02-44, passed 11-26-02; Am. Ord. 07-43, passed 3-25-08) Penalty, see § 111.999

§ 111.023 UNLAWFUL SALE OR PURCHASE OF ALCOHOLIC LIQUOR.

   (A)   No licensee, or any officer, liquor manager or employee of such licensee, shall sell; give or deliver alcoholic liquor to any person under the age of 21 years, or to any intoxicated person; provided that a licensee may sell, give or deliver alcoholic liquor, or authorize the sale, gift or delivery of alcoholic liquor to a person under the age of 21 years pursuant to a plan or action to investigate, patrol, or otherwise conduct a "sting operation" or enforcement action against a person employed by the licensee or on any licensed premises if the licensee provides written notice at least 14 days before the "sting operation" or enforcement action to the city's Police Department and the Commissioner. Such notice shall be valid for a "sting operation" or enforcement action conducted within 60 days of the provision of such notice.

   (B)   No person under the age of 21 years shall purchase or accept delivery of any alcoholic liquor from any licensee unless such person was acting under the authority of the city's Police Department or the Commissioner pursuant to a plan or action to investigate, patrol or conduct a similar enforcement action.

   (C)   If a person under the age of 21 years is in possession of alcoholic liquor, on the premises licensed to sell alcoholic liquor for consumption on such premises, it shall be presumed that the licensee sold, gave or delivered such alcoholic liquor to the minor in possession thereof.

   (D)   For the purpose of preventing the violation of this section, any licensee, its liquor manager or any employee, may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence of identity and of the fact that he or she is over the age of 21 years, as provided in § 111.024(A).

(Ord. 02-44, passed 11-26-01; Am. Ord. 07-43, passed 3-25-08) Penalty, see § 111.999