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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)
A retail liquor license shall be purely a personal privilege, good for not more than one year after issuance, unless sooner revoked as provided in this chapter, and shall not constitute property, nor shall it be subject to attachment, garnishment, or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. The license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee, provided that the executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when the estate consists in part of alcoholic liquor under order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of the decedent, or the insolvency or bankruptcy until the expiration of the license, but not longer than 6 months after the death, bankruptcy or insolvency of the licensee.
('69 Code, § 3-29)
Any licensee under this chapter may renew his license at the expiration thereof, provided he is then qualified to receive a license, and the premises for which the renewal license is sought are suitable for the purpose. However, the renewal privilege provided for herein 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 their jurisdiction.
('69 Code, § 3-30)
A retail liquor license shall permit the sale of alcoholic liquor only in the premises described in the application and license. Any application for a change of location must comply and must be accompanied by documents necessary to establish compliance with the requirements of § 114.14.
('69 Code, § 3-31)
OPERATION REGULATIONS
(A) It shall be unlawful to sell or offer for sale at retail any alcoholic liquor in the city between the hours of 2:00 a.m. and 7:00 a.m. on Monday through Saturday, and between 2:00 a.m. and 10:00 a.m. on Sunday.
(B) It shall be unlawful to keep open for business or to admit the public to any premises in or on which alcoholic liquor is sold at retail prices during the hours within which the sale of liquor is prohibited. However, in the case of establishments licensed to sell alcoholic liquor, the establishments may be kept open during such hours, but no alcoholic liquor may be sold or consumed on the premises by the public during these hours.
('69 Code, § 3-43; amend. Ord. O-4-74, passed 1-15-74; amend. Ord. O-45-06, passed 12-19-06; amend. Ord. O-26-08, passed 12-2-08; amend. Ord. O-23-13, passed 9-17-13) Penalty, see § 114.99
(A) (1) No licensee nor any officer, associate, member, representative, agent 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 or to any person known by him or her to be under legal disability or in need of mental treatment. No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give or deliver such alcoholic liquor to another person under the age of 21 years, except in the performance of a religious ceremony or service.
(2) For the purpose of preventing the violation of this section, any licensee, or his agent or 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.
(3) Adequate written evidence of age and identity of the person is a document issued by a federal, state, county or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selection Service Act, or an identification card issued to a member of the Armed Forces. Proof that the defendant-licensee, or his employee or agent, demanded, was shown and reasonably relied upon such written evidence in any transaction, forbidden by this section is competent evidence and may be considered in any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.
(4) No person shall sell, give, or furnish to any person under the age of 21 years any false or fraudulent written, printed, or photostatic evidence of the age and identity of such person or sell, give or furnish to any person under the age of 21 years evidence of age and identification of any other person 21 years of age or older.
(5) No person under the age of 21 years shall present or offer to any licensee, his agent or employee, any written, printed or photostatic evidence of age and identity which is false, fraudulent, or not actually his own for the purpose of ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure, the serving of any alcoholic beverage, or shall have in his possession any false or fraudulent written, printed, or photostatic evidence of age and identity.
(6) No person under the age of 21 years shall have any alcoholic beverage in his possession on any street or highway or in any public place or in any place open to the public. This section does not apply to possession by a person under the age of 21 years making a delivery of an alcoholic beverage in pursuance of the order of his or her parent or in pursuance of his or her employment.
(B) Any person shall be guilty of a violation of this section where he or she knowingly permits a gathering at a residence which he or she occupies of two or more persons where any one or more of the persons is 18 years of age and the following factors also apply:
(1) The person occupying the residence knows that any such person under the age of 18 is in possession of or is consuming any alcoholic beverage;
(2) The possession or consumption of the alcohol by the person under 18 is not otherwise permitted by this section; and
(3) The person occupying the residence knows that the person under the age of 18 leaves the residence in an intoxicated condition.
(C) For the purposes of this section where the residence has an owner and a tenant or lessee, there is a rebuttable presumption that the residence is occupied only by the tenant or lessee.
(D) No person shall rent a hotel or motel room from the proprietor or agent thereof for the purpose of or with the knowledge that such room shall be used for the consumption of alcoholic liquor by persons under the age of 21 years.
(Ord. 90-12, passed 6-19-90)
All premises used for the retail sale of alcoholic liquor, or for the storage of liquor for such sale, shall be kept in a clean and sanitary condition, and shall be kept in full compliance with this code and the ordinances of the city regulating the condition of premises used for the storage or sale of food for human consumption.
('69 Code, § 3-46)
Cross-reference:
Food-service establishments, Ch. 113.
All rooms where liquor is sold for consumption upon the premises shall be continuously lighted during business hours by natural light or artificial white light so that all parts of the interior of the premises shall be clearly visible. In case the view into any licensed premises required by the foregoing provisions shall be willfully obscured by the licensee or by him willfully allowed to be obscured or in any manner obstructed, then the license shall be subject to revocation in the manner provided for in this chapter. In order to enforce the provisions of this section, the liquor commissioner shall have the right to require the filing with him of plans, drawings, and photographs showing the clearance of the view as above required.
('69 Code, § 3-47)
No retail liquor dealer shall employ any minor under the age of 18 years as a servant or clerk in his or her place of business.
(‘69 Code, § 3-48; amend. Ord. O-45-73, passed 10-16-73; amend. Ord. O-01-80, passed 1-15-80; Am. Ord. O-22-21, passed 11-16-21) Penalty, see § 114.99
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