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(A) Exceptions. All licensees and permittees holding a license or temporary license or permit under this chapter shall be controlled by the schedule for hours of operations set forth in division (B) below, with the exception of the following temporary licenses and permits where such indicate other hours:
(1) Street closure permit issued pursuant to § 4-1C-5; and
(2) Extended club hours permit issued pursuant to § 4-1C-4.
(B) Hours of operation stipulated. The hours of operations for all licensees and permittees, subject to the exception in division (A) above, shall be as follows: a licensee may open the licensed building at 6:00 a.m. and shall close the licensed building and cease the sale of alcoholic and malt beverages promptly at 2:00 a.m. the following day and shall clear the licensed building and any other area in which dispensing alcoholic and malt beverages is authorized of all persons other than bona fide employees by 2:30 a.m.
(C) Modification of hours. The hours of operation designated in division (B) above may be modified on no more than four days each calendar year by a resolution or agreement made each year by the town designating those dates during town or county fairs, rodeos, pageants, special holidays, or similar public gatherings when all licensees may operate their licensed building and any other area in which dispensing alcoholic and malt beverages is authorized for a period of 24 hours, beginning at 6:00 a.m. A request of the licensees for such dates to be designated shall be brought to the Council not later than the second Council meeting in January of each year.
(Prior Code, § 4-1D-1) (Ord. 381, passed 11-16-2017)
Upon approval of the town in the original application or the renewal thereof, a drive-in area adjacent or contiguous to the licensed building may be used by the holder of a retail liquor license for taking orders, making delivery of, and receiving payment for alcoholic liquor or malt beverages under the following conditions.
(A) The holder of the retail liquor license shall own the area or hold a written lease for the period of time for which the license was issued.
(B) No part of the area used for orders, delivery, and making payment shall be more than 40 feet distant from the licensed building.
(C) The area shall be well lighted and subject to inspection by the town at any and all times.
(D) No walls or screens shall interfere with observing and checking the part of the area used for orders, delivery, and payment.
(E) No order of alcoholic liquor or malt beverages shall be received from, nor delivery made to, a person under the age of 21 years of age or to an intoxicated person in the area.
(F) No part of a publicly owned sidewalk, highway, street, or alley shall be used for taking orders or conducting sales.
(G) Alcoholic liquor and malt beverages shall be sold and delivered in the drive-in area only in the original, unopened package, and consumption of alcoholic liquor or malt beverage in the drive-in area shall not be permitted.
(Prior Code, § 4-1D-3) (Ord. 381, passed 11-16-2017)
The town may inspect any licensed premises including dispensing rooms and any locations where alcoholic liquors or malt beverages are served, sold, dispensed, or brewed at any time the town in its sole discretion deems appropriate to ensure compliance with the requirements of this chapter and the health and safety requirements imposed upon the premises.
(Prior Code, § 4-1D-4)
(A) Falsification of application. It is unlawful for any person or organization to knowingly submit any false information or false fact as true, or to submit a fact or piece of information without knowing such to be true or false, on an application for any license or permit authorized by this chapter, and each application being submitted shall be sworn to be true to the best of the knowledge by the person submitting such application.
(B) Possession by underage persons. It is unlawful for any person under the age of 21 years to buy, sell, drink, consume, possess, or solicit the sale or purchase of alcoholic liquor or malt beverage in the town. As used in this section, POSSESSION shall also include alcohol which has been consumed and is present within the body at the time of determination. The prohibitions against possession of alcoholic liquor or malt beverages by a person under the age of 21 years specified in this section shall not apply as follows:
(1) When the person is making a delivery of alcoholic liquor or malt beverages pursuant to his or her employment;
(2) When the person is serving alcoholic liquor or malt beverages pursuant to his or her employment in a restaurant which holds a license to serve alcoholic liquor or malt beverages, if the person is at least 18 years of age. The term
SERVING in this division (B) does not include the mixing or dispensing of alcoholic beverages; or
(3) To a person who is a licensee under this title.
(C) Sale to underage persons. It is unlawful for any person to sell, give, or deliver any alcoholic liquor or malt beverage to any person under the age of 21 years; provided, however, that such prohibition shall not apply as follows:
(1) A person under the age of 21 years who is in the physical presence of his or her parent, spouse, or legal guardian who is 21 years of age or older;
(2) As part of a church’s or religious organization’s religious services;
(3) For medical purposes pursuant to a lawful prescription; or
(4) To sales by the division or a wholesaler to a licensee.
(D) Use of false proof of age or identity. It is unlawful for any person under the age of 21 years to make, use, or possess any identification which falsely indicates the person’s age as greater than 21 years, whether in the person’s correct name or not or to attempt to obtain any alcoholic liquor or malt beverage using any false identification.
(E) Dispensing room restrictions.
(1) It is unlawful for any person under the age of 21 years to enter or remain in the dispensing room or brewing area of any premises licensed or permitted under this chapter to dispense or brew alcoholic liquor or malt beverages.
(2) No licensee, permittee, or agent, employee, or servant of a licensee or permittee shall permit any person under the age of 21 years to enter or remain in a dispensing room or brewing area of a licensed premises owned or operated by them.
(3) There shall be an exception to this division (E) for a licensee’s employee under the age of 21 years to enter a dispensing room or brewing area in the course of their employment when such room or area is not open for the sale or dispensing of alcoholic beverages or brewing of malt beverages.
(Prior Code, § 4-1D-6) (Ord. 381, passed 11-16-2017) Penalty, see § 1-4-1