3-1A-8: PENALTY:

Any person violating any provision of this chapter shall be subject to penalty as provided in section 1-4-1 of this code. (1998 Code)

3-1A-9: SPECIAL EVENT RETAILERS PERMIT:

   A.   The city shall be authorized to issue a special event retailers permit to any person, which shall allow the permit holder to offer for sale, sell and serve cereal malt beverage for consumption on unpermitted premises, which may be open to the public.

   B.   Any person desiring a special event retailers permit shall make application therefor in writing to the governing body through the city clerk and accompany their application with the required permit fee. The application shall be certified and be upon a form prepared by the city clerk and shall contain the information as far as is applicable as is required by this article. All applications for special event retailers permits shall be made twenty one (21) days prior to the date of the event.

   C.   All such special event retailers permits shall be valid for a period of no more than three (3) days as specified in the permit and at the place specified in the application. It is unlawful for any person to sell the cereal malt beverages at any time other than the three (3) day period specified or at a place other than as specified in the license application and approved by the governing body.

   D.   The fee for special event retailers permits shall be twenty-five dollars ($25.00) per day.

   E.   No more than four (4) special event retailers permits shall be issued to any person during any calendar year.

   F.   All provisions of this chapter not inconsistent with the stated terms of this section shall apply to special event retailers permits. No license shall be issued unless all of the criteria for a license established by this section and otherwise in this chapter have been met. In addition thereto, no special event retailers permit shall be issued unless adequate trash receptacles are provided and sanitation provisions are made. The applicant is responsible for the litter and other material during and after the event and in addition, the applicant is responsible for demonstrating that adequate parking is available.

   G.   Each special event retailers permit shall specify the premises for which the permit is issued and shall specify the hours and dates for which the permit is issued.

   H.   A special event retailers permit is not transferable or assignable.

   I.   All local ordinances and state statutes for the sale and consumption of cereal malt beverages apply to holders of special event retailers permit.

   J.   The special event retailers permit shall be displayed in plain view on the premises for which it is issued. (Ord. 1123, 8-1-2011; amd. Ord. 1239, 7-18-2022)

ARTICLE B. ALCOHOLIC LIQUORS

SECTION:

3-1B-1: Defined

3-1B-2: Occupation Tax

3-1B-3: Late Payment Penalty

3-1B-4: Display Of Receipt

3-1B-5: Rules, Regulations And Requirements

3-1B-6: Penalty

3-1B-1: DEFINED:

"Alcoholic liquor" includes alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by a human being; but shall not include any beer or cereal malt beverage containing not more than three and two-tenths percent (3.2%) of alcohol by weight. (1983 Code § 6-201)

3-1B-2: OCCUPATION TAX:

   A.   Levied: There is hereby levied a biennial occupation tax for each calendar year on each retailer of alcoholic liquor (including beer containing more than 3.2 percent of alcohol by weight) for consumption off the premises (sales in the original package only) in the sum of six hundred dollars ($600.00), who has a retailer's license issued by the state director of alcoholic beverage control, which tax shall be paid before business is begun under an original state license and within ten (10) days after any renewal of a state license.

   B.   Payment; Receipt: The holder of a license for the retail sale of alcoholic liquors by the package in the city, issued by the state director of alcoholic beverage control, shall present such license when applying to pay the occupation tax levied in subsection A of this section and the tax shall be received and receipt issued for the period covered by the state license by the city clerk. (Ord. 1124, 9-6-2011)

3-1B-3: LATE PAYMENT PENALTY:

Any person having a state license to sell retail alcoholic liquor by the package who shall fail to pay the occupation tax herein levied and within the time prescribed shall be assessed a penalty of one hundred dollars ($100.00) for each day's violation; provided, that nothing herein shall be construed to prohibit the city from collecting the occupation tax by any procedure authorized by law. (Ord. 1124, 9-6-2011)

3-1B-4: DISPLAY OF RECEIPT:

Every licensee shall cause the city alcoholic liquor retailer's occupation tax receipt to be placed in plain view next to or below the state license in a conspicuous place in the licensed premises. (Ord. 1124, 9-6-2011)