As used in this chapter, the following terms shall have the
meanings indicated:
BAR
A premises where alcoholic beverages are sold for consumption
on premises; or a premises operated as a place of assembly where alcoholic
beverages are provided by the operator of the premises, his or her
agents, servants or employees.
ESTABLISHMENT
Any store, shop, market or place of business in which goods,
wares, food, beverages or merchandise of any type, nature or description
are offered for sale to a purchaser.
GASOLINE STATION
Premises used for the sale of gasoline and any other motor
vehicle fuel, oil and other lubricating substances to the public,
including incidental sale of motor vehicle accessories, prepackaged
food items and tangible consumer goods primarily for self-service
by the customer. Related motor vehicle services may also be provided,
including the repair, greasing, washing, servicing and adjusting of
vehicles.
PHARMACY
Premises where prescription drugs are sold at retail, together
with dry goods, foods or beverages.
RESTAURANT
Premises where food is sold and which provides seating at
tables or counters for its patrons to consume the food on premises.
This definition shall not include premises where a nonalcoholic beverage
or snack is available but is incidental to the conduct of the business
at the premises.
RETAIL
The sale or the offer for sale of goods, wares, food, beverages
or merchandise of any description, type or nature on a direct basis
to a purchaser to be consumed primarily off premises.
[Amended 3-28-2011 by L.L. No. 2-2011]
It shall be unlawful for any retail establishment, except those set forth in §
189-4 hereof, to operate and remain open to the public between the hours of 12:00 midnight and 5:00 a.m.
This chapter shall not apply to restaurants, bars, bowling alleys,
billiard parlors, barber shops, beauty parlors, movie theaters and
playhouses, hotels and motels, gasoline stations, pharmacies and pharmacy
sections of any store which dispenses prescription drugs which must
be physically separated from the other areas of the store; provided,
however, that this chapter will apply to the remainder of said store,
and further provided that said pharmacy and pharmacy section is under
the immediate supervision of a licensed pharmacist. This chapter shall
also not apply to any establishments whose hours of operation are
otherwise regulated by state laws or regulations which preempt the
regulation of hours of operation by the City.
This chapter is in addition to any other law, ordinance or regulation
affecting the subject matter herein and is not in limitation thereof.