(A) Package sales, limitations. No license shall be issued for the sale of intoxicating liquor in the original package, not to be consumed upon the premises where sold, except to a person engaged in, and to be used in connection with, the operation of one or more of the following businesses: a drug store, a cigar and tobacco store, a grocery store, a general merchandise store, a confectionery or delicatessen store, nor to any such person who does not have and keep in his or her store a stock of goods having a value according to invoices of at least $1,000, exclusive of fixtures and intoxicating liquors. Under such license, no intoxicating liquor shall be consumed on the premises where sold nor shall any original package be opened on the premises of the vendor except as otherwise provided in this chapter or law.
(B) Newly-opened restaurant bars or amusement places.
(1) Any new restaurant bar having been in operation for less than 90 days may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises between the hours of 9:00 a.m. and midnight on Sunday for a period not to exceed 90 days, if the restaurant bar can show a projection of annual business from prepared meals or food consumed on the premises of at least 50% of the total gross income of the restaurant bar for the year or can show a projection of annual business from prepared meals or food consumed on the premises which would exceed not less than $200,000. The license fee shall be prorated for the period of the temporary license based on the cost of the annual license for the establishment.
(2) Any new amusement place having been in operation for less than 90 days may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises between the hours of 9:00 a.m. and midnight on Sunday for a period not to exceed 90 days, if the amusement place can show a projection of gross receipts of at least $100,000, of which at least $50,000 of such gross receipts are in non-alcoholic sales for the first year of operation. The license fee shall be prorated for the period of the temporary license based on the cost of the annual license for the establishment.
(C) Temporary permit for sale by drink - certain organizations.
(1) The City Clerk may issue a permit for the sale of intoxicating liquor and non-intoxicating beer for consumption on premises where sold to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization for sale at a picnic, bazaar, fair, or similar gathering. The permit shall be issued only for the day or days named therein and it shall not authorize the sale of intoxicating liquor for more than seven days by any such club or organization.
(2) If the event will be held on a Sunday, the permit shall authorize the sale of intoxicating liquor and non-intoxicating beer on that day beginning at 11:00 a.m.
(3) At the same time that an applicant applies for a permit under the provisions of this division (C), the applicant shall notify the Director of Revenue of the holding of the event by certified mail and by such notification shall accept responsibility for the collection and payment of any applicable sales tax.
(4) No provision of law or rule or regulation of the city shall be interpreted as preventing any wholesaler or distributor from providing customary storage, cooling, or dispensing equipment for use by the permit holder at such picnic, bazaar, fair, or similar gathering.
(D) Operating hours, days.
(1) No licensee or any employee of such licensee shall sell, give away, or otherwise dispose of, or allow the same to be done, on or about the premises, any intoxicating liquor in any quantity between the hours of 1:30 a.m. and 6:00 a.m. on weekdays, and between the hours of 1:30 a.m. on Sunday and 6:00 a.m. on Monday, except as otherwise authorized and licensed for Sunday sales. Any person licensed to sell intoxicating liquor by the drink shall keep a closed place during the aforementioned prohibited times.
(2) When January 1, March 17, July 4, or December 31 falls on Sunday, and on the Sundays prior to Memorial Day and Labor Day and on the Sunday on which the national championship game of the National Football League is played, commonly known as “Super Bowl Sunday”, any person having a license to sell intoxicating liquor by the drink may be open for business and sell intoxicating liquor by the drink under the provisions of his or her license on that day from the time and until the time which would be lawful on another day of the week, notwithstanding any provisions of this chapter to the contrary.
(E) General license regulations.
(1) Each license issued hereunder shall be conspicuously posted on the premises for which the license has been issued.
(2) A separate license shall be required for each place of business. Every license issued under the provisions of this chapter shall particularly describe the premises at which intoxicating liquor may be sold thereunder, and such license shall not be deemed to authorize or permit the sale of intoxicating liquor at any place other than that described therein.
(3) No license issued under this chapter shall be transferable or assignable except as herein provided. In the event of the death of the licensee, the widow or widower or the next of kin of such deceased licensee, who shall meet the other requirements of this chapter, may make application and the Clerk may transfer such license to permit the operation of the business of the deceased for the remainder of the period for which a license fee has been paid by the deceased. Whenever one or more members of a partnership withdraws from the partnership, the Clerk, upon being requested, shall permit the remaining partner, or partners, originally licensed, to continue to operate for the remainder of the period for which the license fee has been paid, without obtaining a new license.
(4) In the event any licensee desires to change the location of his or her place of business in the city, it shall be necessary for him or her to file an application in the same manner as herein provided for an original application, except that no additional fee shall be charged and the amended license, describing the new location, shall be issued immediately upon the approval of the application by the Board. Any change of location of the enterprise prior to issuance of such an amended license shall constitute a violation of this section.
(F) Druggists may sell and physicians prescribe liquor. Any druggist may have in his or her possession intoxicating liquor purchased by him or her from a licensed vendor under a license pursuant to state law, or intoxicating liquor lawfully acquired at the place of acquisition and legally transported into this state, and lawfully inspected, gauged, and labeled as provided by state law; such intoxicating liquor to be used in connection with the business of a druggist, in compounding medicines or as a solvent or preservant; provided, that nothing in this chapter shall prevent a regularly licensed druggist, after he or she procures a license therefor, from selling intoxicating liquor in the original package, but not to be drunk or the packages opened on the premises where sold; and provided further, that nothing in this chapter shall be construed as limiting the right of a physician to prescribe intoxicating liquor in accordance with his or her professional judgment for any patient at any time, or prevent a druggist from selling intoxicating liquor to a person on prescription from a regularly licensed physician as above provided.
(G) Fees taken in lieu of proportionate part of merchant’s tax and ad valorem tax. The fees to be charged under the provisions of this section shall be taken in lieu of the proportionate part of any merchant’s license fee and ad valorem tax for the stock and sales of intoxicating liquor or non-intoxicating beer under the provisions of this chapter or any other ordinance of the city, and the aggregate amount of the sales thereof made by any licensee hereunder shall not be returned by such merchant for purposes of merchant’s license or ad valorem tax, nor shall such stock of sales be included in the computation of any merchant’s license or ad valorem tax.
(Prior Code, § 600.030) (Ord. 326, passed 12-6-2003) Penalty, see § 113.99