§ 8-222  PROHIBITED CONDUCT OR ACTIVITIES BY BEER PERMIT HOLDERS.
   It shall be unlawful for any beer permit holder to:
   (A)   Employ any person who, within the previous ten years, has been convicted of any law against possession, sale, manufacture or transportation of intoxicating liquors or any crime involving moral turpitude;
   (B)   Employ any minor in the sale or dispensing of beer at retail for consumption on the premises. The holder of a beer permit shall be held strictly accountable for the violation of this provision and the burden of ascertaining the age of any minor shall be upon the holder and operator of such place of business;
   (C)   Make or allow any sale of beer, or make, cause or allow to be made any gift thereof, between the hours of 3:00 a.m. and 6:00 a.m. during any night of the week and the hours of 3:01 a.m. and 12:00 on Sunday; nor shall any person holding a permit allow beer to be consumed on the premises after 3:15 a.m., and the presence of open beer bottles or glasses containing beer after 3:15 a.m. shall be prima facie evidence of a violation of this chapter;
   (D)   Allow any loud, unusual or obnoxious noises to emanate from his or her premises;
   (E)   Make or allow any sale of beer, or make, cause or allow to be made any gift thereof to a minor, or permit such sale by any employee or any person in any way connected with his or her place of business. The holder of a beer permit shall be held strictly accountable for the violation of this provision and the burden of ascertaining the age of any customer shall be upon the owner or operator of such place of business and he or she shall be held strictly accountable for all acts of his or her employees;
   (F)   Allow any minor to loiter in his or her place of business. The burden of ascertaining the age of any person shall be upon the owner or operator of such place of business and he or she shall be held strictly accountable for any actions of his or her employees for the violation of this provision;
   (G)   Make or allow any sale of beer, or make, cause or allow to be made any gift thereof, to any intoxicated person;
   (H)   Allow drunk or intoxicated persons to loiter on his or her premises;
   (I)   Allow dancing on his or her premises unless specified in his or her license application;
   (J)   Fail to provide and maintain adequate separate sanitary toilet facilities for men and women;
   (K)   Allow any sale or delivery of beer for consumption on the premises outside of the building occupied by the holder of the permit. Any sales for consumption on the premises, but outside of the building from which the business is operated, shall be made from within the building, it being the intention of this provision to prohibit the sale of beer by what are commonly called “curb sales”;
   (L)   Allow its business to be open to the public between 1:00 a.m. and 6:00 a.m., except with permission of the Board. Each owner and each operator of a business where beer is sold shall be held strictly accountable for any actions of his or her employees which violate any of the above provisions; and/or
   (M)   Allow its business to operate in such a way as to create any of the conditions described in §§ 8-216 or 8-217 of this chapter or to violate any of the prohibitions set forth therein.
(2011 Code, § 8-222)  (Ord. 03-28, passed - -2003; Ord. 07-26, passed 8- -2007; Ord. 11-08, passed 6-20-2011)