[Code 1985 § 4-81; Code 2005 § 10-91]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Includes beverages containing more than one-half of one-percent
alcohol by volume, and not more than 3.2% alcohol by weight, including
but not limited to beer or cereal malt beverages obtained by the alcoholic
fermentation of an infusion of barley or other grain, malt or similar
products.
Includes any person who sells any low-point beer, as defined
in this chapter, at retail for consumption or use, and such definitions
include state and county fair associations, and special licenses may
be issued for the sale of low-point beer, by such associations, and
to other persons for the sale of such low-point beer at rodeos, picnics,
or other organized temporary assemblages of people. The term "retail
dealer" also includes railways for the sale of such beverages, and
licenses may be issued for each dining car or railway train, which
railways and dining cars shall pay the same license fees as regular
retail dealers.
[Code 1985 § 4-82; Code 2005 § 10-92]
The police department shall make frequent inspections of all
places of business where low-point beer is sold, distributed or dispensed
at retail, for the purpose of enforcing the laws of the City, and
for the purpose of ascertaining whether the operators thereof are
complying with the requirements of the law relating to the handling
of low-point beer.
[Code 1985 § 4-82; Code 2005 § 10-93]
In addition to any other penalty that may be imposed for a violation
of this article, all violations of this article are hereby declared
to be public nuisances.
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Subdivision I. In General
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[Code 1985 § 4-105; Code 2005 § 10-111]
It shall be unlawful for any person to operate any place where
any low-point beer is sold if the establishment is permitted to remain
open contrary to the provisions of state law.
[Code 1985 § 4-98; Code 2005 § 10-112]
It shall be unlawful for any person to operate any establishment
where any low-point beer is sold if:
(1)
Any intoxicating liquors are bartered, sold or given away or otherwise
furnished, or the bartering, sale, giving away or furnishing of such
intoxicating liquors is permitted to be done, in the establishment.
(2)
The operator of such place has in his possession or on the premises
in which such business is being operated a federal excise or occupational
tax stamp or receipt designating such person or premises as the person
or place for dealing in liquor or evidencing the payment of a tax
for being a dealer in such liquor.
[Code 1985 § 4-104; Code 2005 § 10-113]
It shall be unlawful for any person to operate any establishment
where any low-point beer is sold if the establishment is not provided
with adequate lighting and ventilation.
[Code 1985 § 4-103; Code 2005 § 10-114]
It shall be unlawful for any person to operate any establishment
where any low-point beer is sold if the establishment is kept in an
unclean and unsanitary condition.
[Code 1985 § 4-106; Code 2005 § 10-115]
A.
It shall be unlawful for any place licensed to sell beverages containing
more than one-half of one-percent of alcohol by volume and not more
than 3.2% of alcohol by weight to sell, dispense, or serve such beverages
for consumption on the premises between the hours of 2:00 a.m. and
7:00 a.m. or allow such beverages to be consumed on the premises between
the hours of 2:00 a.m. and 7:00 a.m. excepting Saturday nights when
such beverages may not be sold, dispensed, served, or consumed on
the premises between the hours of 2:00 a.m. on Sunday and 7:00 a.m.
of the following Monday.
B.
It shall be unlawful for customers or other persons to remain on the premises where such beverages are sold for consumption on the premises during the hours that sales are prohibited as set forth in Subsection A of this section; provided, however, that any employees engaged in cleaning or other management operations may remain on the premises during such hours.
[Code 1985 § 4-100; Code 2005 § 10-116]
It shall be unlawful for any person to operate any establishment
where any low-point beer is sold if any drinking of intoxicating liquor
is permitted in the establishment.
[Code 1985 §§ 4-96, 4-102; Code 2005 § 10-117]
No licensee under this article or any employee, manager, operator
or agent thereof shall:
A.
Permit any illegal gambling activity, violations of the state narcotic
and dangerous drug laws or prostitution activity or other criminal
conduct to occur on the licensed premises; or
B.
Permit any person who is intoxicated by alcohol or any other substance,
or both, to remain on the licensed premises.
[Code 1985 § 4-101; Code 2005 § 3-118]
It shall be unlawful for any person to operate any establishment
where any low-point beer is sold if any loud, boisterous, unusual,
noisy, profane or vulgar language is habitually or continuously permitted
or tolerated in such room or establishment.
[Code 1985 § 4-97; Code 2005 § 10-119]
It shall be unlawful for any person to operate any establishment
where any low-point beer is sold if any disorderly conduct is permitted
in such establishment.
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Subdivision II. License
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[Code 1985 § 4-121; Code 2005 § 10-136]
No person shall sell, distribute or dispense within the City
any low-point beer at retail to the public for consumption or use
without first obtaining an annual license from the City Clerk.
[Code 1985 § 4-122; Code 2005 § 10-137]
Every person desiring to engage in business of retailing low-point
beer within the City shall make application for a license to the City
Clerk, on forms to be provided, setting forth the location of the
business, the names of all persons interested in such business, together
with their addresses and if a corporation, the name of the president
and the managing officer. The application shall show the date and
number of permits issued by the district court clerk of the county,
and the state tax commission, as required by law.
[Code 1985 § 4-123; Code 2005 § 10-138]
A.
There is hereby levied on each retail dealer of low-point beer selling
such beverages for consumption on or off the premises where sold,
an annual license fee established by resolution and on retail dealers
selling such beverages in original packages and not for consumption
on the premises where sold an annual license fee established by resolution.
Such license fees shall be payable to the City Clerk at the time and
in the manner stated in this division.
B.
All license fees provided for in this section shall be for the license
year beginning July 1 of each year. Each license fee paid shall cover
a period and entitle the applicant to a license to the next June 30.
All license fees shall expire on June 30 next after the license is
issued, and no license shall be issued for less than the annual fee.
[Code 1985 § 4-124; Code 2005 § 10-139]
No license under this article shall be issued without a satisfactory
showing that the applicant has obtained his state and county permits,
and has in all other respects complied with the law. No such license
shall be transferable.
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Subdivision III. Underage Persons
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[Code 1985 § 4-108; Code 2005 § 10-156]
A.
It shall be unlawful for any person under 18 years of age to be employed
or permitted to work, in any capacity whatsoever, in a place where
low-point beer is sold or dispensed for consumption on the premises.
B.
It shall be unlawful for any person under the age of majority to
be employed or permitted to work, in any capacity whatsoever, in the
separate or enclosed bar area of a place where the main purpose of
the area is the sale or consumption of low-point beer. The provisions
of this subsection shall not apply to any area which has as its main
purpose some objective other than the sale or serving of low-point
beer, in which sales or serving of such beverages are incidental to
the main purpose; however, the incidental service of food in the bar
area shall not exempt a holder of a license to sell low-point beer
for consumption on the premises from the provisions of this subsection.
C.
A parent as regards the employment of his own child or children is
excepted from the provisions of this section, provided that such employment
shall in no capacity whatsoever be related to the selling or dispensing
of such beverages.
[Code 1985 § 4-109; Code 2005 § 10-157]
Except as otherwise provided by law, it shall be unlawful for
any owner, operator, manager or any person in charge of any place
where low-point beer are sold for consumption on the premises to permit
any person under 21 years of age to enter into or loiter in or on
such premises unless such person be accompanied by one of his parents
or legal guardian.
[Code 1985 § 4-107; Code 2005 § 10-158]
A.
It shall be unlawful for any person to sell, barter, or give to any
person under 21 years of age any low-point beer.
B.
It shall be unlawful for any person who holds a license to sell and
dispense low-point beer for consumption on the premises, or any agent,
servant, or employee of such license holder, to permit any person
under 21 years of age to be admitted to or remain in a separate or
enclosed bar area of the licensed premises unless such person's
parent or legal guardian is present, which has as its main purpose
the selling or serving of low-point beer for consumption on the premises.
The provisions of this section shall not prohibit persons under 21
years of age from being admitted to an area which has as its main
purpose some objective other than the sale or serving of low-point
beer, in which sales or serving of such beverages are incidental to
the main purpose, as long as persons under 21 years of age are not
sold or served such beverages; however, the incidental service of
food in the bar area shall not exempt a licensee, agent, servant,
or employee from the provisions of this section.
C.
It shall be unlawful for any person who holds a license to sell and
dispense low-point beer, for consumption on the premises, or any agent,
servant or employee of such license holder to permit any person under
21 years of age to consume any low-point beer on the licensed premises.
