A. Sales to Certain Persons Prohibited: It shall be unlawful for any holder of a liquor license to sell, deliver or give any alcoholic liquor to any intoxicated person or to any person known to him to be a habitual drunkard, spendthrift or insane, feeble minded or distracted person.
B. Consumption on Premises Not Licensed for Consumption: It shall be unlawful for anyone not having a liquor license providing for consumption on the premises where sold to offer for sale or sell any alcoholic liquor for consumption on the premises where sold.
C. Peddling Liquor: It shall be unlawful to peddle alcoholic liquor in the City.
D. Drive-Up Facilities Prohibited: It shall be unlawful for a licensee to sell, dispense, deliver, or give any alcoholic liquor(s) to any person or persons through or by use of a “drive-up” facility located in, on, or about the premises where the sale or delivery of alcoholic liquor is otherwise permitted under the licensee’s license. For purposes hereof, a “drive-up” facility shall include, but is not limited to, any premises which has any type of facility or structure which allows the delivery of an item of goods or property by the licensee or its agents or employees to any person who is situated in or on any vehicle or to any person situated outside any premises and without such person having to enter the premises where such item of goods or property is sold or made available to any such person.
Notwithstanding anything contained in this paragraph D to the contrary, a Class B liquor license holder who receives a call-in purchase order or an online purchase order through its online business website for curbside pickup of groceries that includes the sale of alcohol liquor may deliver such sold alcoholic liquor on such Class B liquor license holder’s property but outside its business building provided such sold alcoholic liquor is in its original unopened container and is delivered by an employee of such Class B license holder who is at least 21 years of age to the same customer who ordered such alcoholic liquor online or by a call-in order and such customer proves he or she is over the age of twenty-one years by exhibiting such customer’s valid driver’s license that evidences such minimum age.
E. Video Gaming Signage, Banners, Etc., Restricted:
1. A licensee is permitted to locate and maintain one outdoor advertising banner affixed to a metal pole with a ground spike on the exterior of the licensed premises that advertises or displays or indicates the presence or availability of video gaming within the licensed premises, provided such banner is either a feather flag style banner or a rectangle flag style banner or a teardrop flag style banner, not to exceed in any case a width of two feet (2') and an overall height of eight feet (8') from the ground level.
2. A licensee is permitted to locate and maintain one sign, not to exceed twenty four inches (24") by thirty inches (30") in size, affixed on the exterior of the licensed premises that advertises or displays or indicates the presence or availability of video gaming within the licensed premises.
3. A licensee is permitted to locate and maintain one sign, not to exceed twenty four inches (24") by thirty inches (30") in size, affixed in the interior of the licensed premises where such signage is visible to persons outside the licensed premises that advertises or displays or indicates the presence or availability of video gaming within the licensed premises.
4. Except as otherwise permitted in subsections E1, E2, and E3 of this Section, it shall be unlawful for any person or licensee to place, locate, or maintain any flag, banner, signage or any other device or structure of any kind, nature or extent whatsoever that advertises or displays or indicates the presence or availability of video gaming within the licensed premises on or about the exterior of the licensed premises and/or in the interior of the licensed premises such that it is visible to persons outside the licensed premises and/or on any adjoining property.
(1979 Code §§ 13-15, 13-18, 13-25; amd. Ord. 3069, 4-1-2002; Ord. 3890, 3-4-2019; Ord. 3943, 2-18-2020; Ord. 4005, 11-2-2020; Ord. 4049, 7-6-2021)