A. No permit for a mixed beverage establishment, beer and wine establishment, or bottle club 1 which has as its main purpose the selling or serving of alcoholic beverages for consumption on the premises shall be issued unless the building or structure to be used or occupied to sell, dispense or otherwise distribute such alcoholic beverages has a clear glassed area of no less than seven (7) square feet located in close proximity to the main entrance of such building or structure. That the exact design, construction and location of such clear glassed area must be approved by the Chief of Police, or his designee, bearing in mind that it is the purpose of such clear glassed area to provide a police officer or other official, intent on entering said building or structure, with a clear, unobstructed view of the main interior area of said premises from without, from an area in close proximity to the main entrance. That such clear glassed area shall be maintained in a clear, unpainted, uncovered and unobstructed condition, so as to permit clear visibility of the interior of such building or structure from without.
B. Provided, that any building or structure from which alcoholic beverages are being sold, dispensed or otherwise distributed for consumption on the premises under a valid permit as of October 1, 2018, and not containing a clear glassed area at least as large as that required by subsection A of this section, shall not be required to construct a clear glassed area to comply with subsection A of this section; provided, further, that if any such existing building or structure is enlarged, extended or moved to a different location after October 1, 2018, it must be made to comply with the clear glassed area required by subsection A of this section, or any permit shall be revoked and/or no new permit issued until compliance is had. Provided, further, that any building or structure from which alcoholic beverages are being sold, dispensed or otherwise distributed for consumption on the premises under a valid permit as of October 1, 2018, which contains a clear glassed area exceeding that required by subsection A of this section, and for which it is desired after October 1, 2018, to reduce the clear glassed area, the design, construction and location of the reduced area must be first approved by the Chief of Police, or his designee, and must comply with subsection A of this section.
C. Provided further, that should any building or structure being operated as a place where alcoholic beverages are sold or otherwise dispensed for consumption on the premises, operating under a valid permit as of the date of passage of this section, thereafter discontinue said use of said premises for a continuous period of six (6) months, then, in that event, no permit shall thereafter be issued for operation of such building or structure unless it is first made to comply with the provisions of subsection A of this section.
D. However, nothing in subsection B or C of this section shall be construed to permit any building or structure from which alcoholic beverages are being sold, dispensed, or otherwise distributed for consumption on the premises to allow a clear glassed area existing as of the date of enactment of this section to be painted, covered or obstructed at any time.
E. In addition to permit revocation or any civil remedies available for enforcement of this section, violation of any portion of this section is hereby declared unlawful and owners, operators and all agents of the owners or operators shall be punished and fined the same as other violations of this Code. (Ord. 1673, 9-4-2018)
Notes
| 1 | 1. As defined by 37A OS, § 1-103, et seq. |