§ 114.14 LOCATION RESTRICTIONS.

   No liquor retailer's class A or class B license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church, school, hospital, home for aged, or indigent persons or for veterans, their wives, or children.

('69 Code, § 3-20)

§ 114.15 CLASSIFICATION.

   The liquor licenses issued by the city under this chapter shall be limited to the following 3 classifications, namely:

   (A)   Retailer's class A license. Permits the sale or offer for sale at retail any liquor, wine, or beer, as defined in this chapter, within the city limits, for consumption only on the premises, where the same is sold or offered for sale, provided that the sale or offer to sell at retail liquor, wine, or beer is not the principal business therein, but is incidental to the furnishing of food for consumption on the premises, such as in the case of restaurants and hotels. A "retailer's class A license" does not permit the licensee to sell liquor, wine, or beer in original packages not for consumption on the premises.

   (B)   Retailer's class B license. Permits the sale or offer for sale at retail any liquor, wine, or beer, as defined in this chapter, on premises 2500 square feet or greater, within the city limits, where the sales are made in original packages only, not for consumption on the licensed premises, provided that the sale of liquor, wine, or beer, or offer for sale at retail, is not the principal business of licensed premises, but is incidental to the business, such as the case of package liquor departments in a food market or drugstore. A "retailer's class B license" does not permit the licensee to sell or offer for sale liquor, wine, or beer for consumption on the licensed premises.

   (C)   Retailer's class C license. Permits the sale or offer for sale at retail alcoholic beverages, as defined in this chapter, within the city limits, for consumption on or off the premises, and permits the sale and consumption in enclosed areas and also in outdoor areas and from portable or temporary stands. A "retailer's class C license" shall only be issued to a not-for-profit religious, civic, or charitable corporation or association and shall be issued on a daily basis. There shall be no license fee for the issuance of these permits.

   (D)   Retailer's class D license. Permits the sale or offer for sale at retail of alcoholic beverages, as defined in this chapter, within the city limits, for consumption on the premises only, and only upon and within a private club located on the premises. A PRIVATE CLUB, as the term is used herein, is an establishment to which only members and guests of members, accompanied by a member, are admitted and eligible to be sold alcoholic beverages. Memberships must be issued for a period of not less than 3 months. The sale of memberships for a period of less than 3 months will render a private club ineligible for a license hereunder. The sale of club memberships or the unauthorized sale of alcoholic beverages within a private club licensed hereunder shall be cause for the revocation of the license.

   (E)   Retailer's class E license. Permits the sale or offer for sale at retail of alcoholic beverages as defined in this chapter within the city limits in sealed containers only and only for consumption off the premises.

   (F)   Golf course retailer's class F license. Permits the sale or offer for sale at retail of alcoholic beverages, as defined in this chapter, within the city limits, for consumption on premises, and permits the sale and consumption in enclosed areas and also in outdoor areas and from portable or temporary stands.

('69 Code, § 3-21; amend. Ord. O-58-72, passed 9-19-72; amend. Ord. O-36-76, passed 7-20-76; amend. Ord. O-20-81, passed 8-18-81; amend. Ord. 89-21, passed 5-16-89; amend. Ord. O-56-93, passed 12-21-93)

   (G)   Retailer's class G license. Permits the sale or offer for sale at retail in an establishment, any wine, or beer, as defined in this chapter, within the city limits, for consumption only on the premises, where the same is sold or offered for sale, provided that the sale or offer to sell at retail wine, or beer, is not the principal business therein, but is incidental to the furnishing of food for consumption on the premises, such as in the case of restaurants and hotels. A "retailer's class G license" does not permit the licensee to sell wine, or beer, in original packages not for consumption on the premises.

   (H)   Retailer's class H license. Permits the sale or offer for sale at retail in an establishment of less than 2500 square feet in size, liquor, wine, or beer, as defined in this chapter, within the city limits, where the sales are made in original packages only, not for consumption on the licensed premises, provided that the sale of liquor, wine, or beer, or offer for sale at retail, is not the principal business of licensed premises, but is incidental to the business, such as the case of package liquor departments in a food market or drugstore. A "retailer's class H license" does not permit the licensee to sell or offer for sale liquor, wine, or beer for consumption on the licensed premises.

(Ord. O-57-93, passed 12-21-93)

§ 114.16 COMPLIANCE WITH ZONING ORDINANCE.

   No retailer's liquor license of any class shall be issued until all requirements of the zoning ordinance of the city, Chapter 153 of this code, for location in question have been met.

('69 Code, § 3-22)

§ 114.17 RESTRICTIONS ON NUMBER,CLASSIFICATION OF LICENSES.

   (A)   The number of licenses issued for the sale of alcoholic liquors by the city shall be limited as follows:

      (1)   Retailer’s Class A license--19.

      (2)   Retailer’s Class B license--11.

      (3)   Retailer’s Class D license--0.

      (4)   Retailer’s Class E license--1.

      (5)   Retailer’s Class F license--1.

      (6)   Retailer’s Class G license--2.

      (7)   Retailer’s Class H license--5.

   (B)   However, if more than the number shown here have been issued and are in effect at the time this section becomes effective, the number of licenses shall continue and the licensees of the licenses shall be entitled to renewal of the licenses until such time as the licensees fail to make timely application for a new license, or until such time as their license may be revoked for violation of §§ 114.16 through 114.25; and provided further, that in addition to any and all limitations on the number of licenses, the city may issue a license to any veteran's organization organized and existing under a charter issued by a national organization incorporated by act of the Congress of the United States, upon the payment of the sum of $100 and that the licenses shall not be considered in determining the number of licenses issued and in effect.

   (C)   Whenever any license issued is surrendered, revoked or becomes expired or terminates for any reason, the number of issued and available licenses hereunder shall thereupon be accordingly decreased. The license shall not thereafter be issued unless compliance is had with § 114.18.

(‘69 Code, § 3-23) (amend. Ord. O-62-69, passed 12-2-69; amend. Ord. O-30-71, passed 4-20-71; amend. Ord. O-30-72, passed 5-16-72; amend. Ord. O-28-74, passed 8-20-74; amend. Ord. O-16-76, passed 4-20-76; amend. Ord. O-8-79, passed 3-6-79; amend. Ord. O-19-81, passed 8-18-81; amend. Ord. O-27-81, passed 10-6-81; amend. Ord. O-34-81, passed 12-1-81; amend. Ord. O-8-83, passed 6-21-83; amend. Ord. O-10-83, passed 8-2-83; amend. Ord. O-15-83, passed 10-18-83; amend. Ord. O-16-83, passed 11-1-83; amend. Ord. O-11-84, passed 6-5-84; amend. Ord. O-12-85, passed 5-7-85; amend. Ord. 7-86, passed 2-18-86; amend. Ord. O-11-86, passed 4-1-86; amend. Ord. 51-86, passed 12-2-86; amend. Ord. 53-86, passed 12-2-86; amend. Ord. 89-36, passed 8-2-89; amend. Ord. 89-37, passed 8-2-89; amend. Ord. 90-20, passed 7-17-90; amend. Ord. 90-21,passed 8-7-90; amend. Ord. 90-51, passed; - -90; amend. Ord. 93-03, passed 2-2-03; amend. Ord. 93-11, passed 4-6-93; amend. Ord. O-26-93, passed 7-20-93; amend. Ord. O-42-93, passed 10-5-93; amend. Ord. O-45-93, passed 11-9-93; amend. Ord. O-59-93, passed 12-21-93; amend. Ord. O-3-94, passed 1-18-94; amend. Ord. O-26-94, passed 3-22-94; amend. Ord. O-13-95, passed 5-2-95; amend. Ord. O-22-97, passed 8-5-97; amend. Ord. O-18-98, passed 5-19-98; amend. Ord. O-34-98, passed 8-4-98; amend. Ord. O-29-00, passed 10-17-00; amend. Ord. O-22-01, passed 5-1-01; amend. Ord. O-34-01, passed 8-7-01; amend. Ord. O-37-01, passed 8-21-01; amend. Ord. O- 55-01, passed 12-4-01; amend. Ord. O-7-02, passed 3-20-02; amend. Ord. O-05-03, passed 1-21-03; amend. Ord. O-25-03, passed 5-6-03; amend. Ord. O-12- 04, passed 4-6-04; amend. Ord. O-25-04, passed 6-15-04; amend. Ord. O-39-04, passed 8-17-04; amend. Ord. O-27-05, passed 9- 20-05; amend. Ord. O-10-06, passed 6-6-06; amend. Ord. O-14- 06, passed 7-18-06; amend. Ord. O-13-07, passed 3-20-07; amend. Ord. O-20-07, passed 7-17-07; amend. Ord. O-01-08, passed 1- 15-08; amend. Ord. O-04-08, passed 3-4-08; amend. Ord. O-21-08, passed 9-16-08; amend. Ord. O-29-08, passed 12-16-08; amend. Ord. O-04-09, passed 2-3-09; amend. Ord. O-04-10, passed 2-16-10; amend. Ord. O-14-10, passed 5-4-10; amend. Ord. O-28-10, passed 10-5-10; amend. Ord. O-29-10, passed 10-19-10; amend. Ord. O-17-11, passed 5-3-11; amend. Ord. O- 41-11, passed 12-6-11; amend. Ord. O-01-12, passed 2-7-12; amend. Ord. O-03-12, passed 2- 21-12; amend. Ord. O-11-12, passed 8-7-12; amend. Ord. O-20- 12, passed 12-4-12; amend. Ord. O-34-13, passed 12-17-13; amend. Ord. O-35-13, passed 12-17-13; amend. Ord. O-2-14, passed 2-18-14; amend. Ord. O-03-14, passed 3-4-14; amend. Ord. O-07-14, passed 4-1-14; amend. Ord. O-18-14, passed 8-5-14; amend. Ord. O-27-14, passed 10-7-14; amend. Ord. O-30-14, passed 12-2-14; amend. Ord. O- 03-15, passed 1-20-15; amend. Ord. O-09-15, passed 3-17-15; amend. Ord. O-20-15, passed 5- 19-15; amend. Ord. O-47-15, passed 12-15-15; amend. Ord. O- 01-16, passed 1-19-16; amend. Ord. O-30-16, passed 11-15-16; amend. Ord. O-34-16, passed 12-20-16; amend. Ord. O-13-17, passed 3-21-17; amend. Ord. O-14-17, passed 3-21-17; amend. Ord. O-15-17, passed 3-21-17; amend. Ord. O-16-17, passed 4-18-17; amend. Ord. O-27-17, passed 9-5-17; amend. Ord. O-01-18, passed 2-6-18; amend. Ord. O-03-18, passed 2-20-18; amend. Ord. O-04-18, passed 3-6-18; amend. Ord. O-04-19, passed 3-19-19; amend. Ord. O-05-19, passed 4-16-19; amend. Ord. O-15-21, passed 7-17-21; amend. Ord. O-21-21, passed 11- 2-21; amend. Ord. O-6-22, passed 4-19-22; amend. Ord. O-11-22, passed 8-2-22; amend. Ord. O-20- 22, passed 12-6-22; amend. Ord. O-23-22, passed 12-20-22; amend. Ord. O-12-23, passed 9-19-23; amend. Ord. O-13-23, passed 11-21-23)

§ 114.18 INCREASING NUMBER OF LICENSES.

   An amendment is required in order to increase the number of licenses. The liquor commissioner, at the direction of the City Council, shall first hold a public hearing with due notice to consider the question. The liquor commissioner shall submit his recommendation to the City Council.

('69 Code, § 3-24; amend. Ord. O-62-69, passed 12-2-69)

§ 114.19 FEES.

   (A)   The fee per year for each class of license issued under this chapter shall be as follows:

      (1)   Retailer's Class A license, $2,000.

      (2)   Retailer's Class B license, $2,000.

      (3)   Retailer's Class C license, no charge.

      (4)   Retailer's Class D license, $1,850.

      (5)   Retailer's Class E license, $2,200.

      (6)   Retailer's Class F license, $1,850.

      (7)   Retailer's Class G license, $1,125.

      (8)   Retailer's Class H license, $1,500.

   (B)   When application is made for a class A, class B, class D, class E, class F, class G or class H license after July 1, the fee for the license shall be one-half of the annual fee. Such license shall expire on the next succeeding December 31 following issuance of the license.

   (C)   Each application for a Class A, B, C, D, E, F, G, or H liquor license shall be accompanied by an application fee of $2,500.

('69 Code, § 3-26) (amend. Ord. O-2-70, passed 1-6-70; amend. Ord. O-10-79, passed 3-20-79; amend. Ord. O-27-81, passed 10-6-81; amend. Ord. 89-22, passed 5-16-89; amend. Ord. O-58-93, passed 12-21-93; amend. Ord. O-60-93, passed 12-21-93; amend. Ord. O-47-02, passed 12-17-02; amend. Ord. O-41-06, passed 12-5-06)

§ 114.20 FEE DISPOSITION.

   All fees received for retail liquor dealer's licenses shall be paid to the liquor commissioner by certified check or money order, made payable to the city at the time application is made. The fees shall be forthwith turned over to the treasurer. In the event the license applied for is denied, the fee shall be returned to the applicant, less a charge of $100 for application, investigation, and processing. If the license is granted, then the fee shall be deposited in the general corporate fund or in such other fund as shall have been designated by the city council by proper action.

('69 Code, § 3-27; amend. Ord. O-34-75, passed 8-19-75)

§ 114.21 LICENSE LIST.

   The liquor commissioner shall keep or cause to be kept a complete record of all retail liquor dealer licenses issued by him, and shall furnish the clerk, treasurer, and chief of police each with a copy thereof. Upon the issuance of any new license, or the revocation of any old license, the liquor commissioner shall give written notice of the action to each of these officers within 48 hours of the action.

('69 Code, § 3-28)