[Ord. No. 550, § IV, 8-28-1979; Ord. No. 713, 6-28-1988; Ord. No.
755, 6-9-1992; Ord. No. 1043, 6-24-2016]
The sale, serving, or consumption of alcoholic beverages upon
any street, public way, or area used principally for public parking
is prohibited.
Notwithstanding the above general prohibition, the board of city commissioners may authorize the sale, serving, or consumption of alcoholic beverages upon a street, public way, or area used principally for public parking when requested in conjunction with the issuance of a special event alcoholic beverage permit as set forth in Section 3-40 of the Municipal Code of Ordinances.
Further, notwithstanding the above general prohibition, the sale, serving, or consumption of alcoholic beverages upon a public way may be authorized when requested in conjunction with the issuance of an outdoor sidewalk cafe permit as set forth in Section 20-1 of the Municipal Code of Ordinances.
[Ord. No. 550, § V, 8-28-1979]
No person shall frequent or loiter in any tavern, cabaret, bar,
or night club, with the purpose of soliciting persons of the opposite
sex to purchase drinks. No proprietor or operator of any such establishment
shall allow the presence in the establishment of any person who solicits
persons of the opposite sex to purchase drinks.
[Ord. No. 550, § V, 8-28-1979; Ord. No. 733, 2-26-1991; Ord. No.
816, 10-12-1999]
(1)
The licensee at all times shall maintain good order in and about
the premises licensed; he shall not permit, nor suffer, any carousing,
boisterous conduct or behavior within or on such licensed premises.
(2)
The licensee and licensee's employees shall at all times prohibit
persons within the licensed premises from performing or simulating
acts of sexual intercourse, masturbation, sodomy, bestiality, oral
copulation, flagellation, or simulate or touch, caress, or fondle
breasts, buttocks, anus or genitals.
(3)
Any person engaged as an exotic dancer, stripper, or go-go dancer,
shall not have any physical contact with customers on the licensed
premises. They shall not allow patrons to touch their breasts or genitals
in any way, nor shall they touch the patron's breasts or genitals.
Example: sitting on laps, no touching of breasts or genitals, either
over or under clothing.
(4)
Licensed premises under this section shall include any area or room
under control of the licensee, or as to which he has the lawful right
to assert control, whether control is exercised or not, including:
a.
Any area or in any portion of which alcoholic beverages are stored,
mixed, prepared, opened, served or consumed as an incident of the
business operation of the licensee carried on pursuant to the license;
b.
Any area the interior of which is visible from an area or room described
in subparagraph (4)a;
c.
Or any other area that is in the licensed premises.
(5)
A violation of subsections (2) or (3) above shall be a Class B Misdemeanor for a first offense. Any second offense occurring within two years of prior offense or conviction of first offense shall be handled pursuant to Section 12.1-27 of the North Dakota Century Code. This is in addition to any suspension or revocation of license determined to be appropriate by the board of city commissioners.
(6)
Nor shall any such licensed premises have or suffer others to have
or maintain in such licensed premises, any slot machines or other
gambling devices whatsoever, nor shall any licensee permit any games
of chance, for money or anything of value, to be placed, carried on
or practiced at any time, by any person, in any room or place in any
building wherein any intoxicating beverages are retailed, and which
room or place may be occupied by the license holder, except as permitted
by state law and city ordinance pertaining to charitable gambling.
(7)
Any person who is 19 years of age or older but under 21 years of
age may be employed by a restaurant to serve and collect money for
alcoholic beverages, if the person is under the direct supervision
of a person 21 years or more of age, but may not be engaged in mixing,
dispensing, or consuming alcoholic beverages.
[Ord. No. 550, § V, 8-28-1979; Ord. No. 693, 4-28-1987; Ord. No.
745, § 1, 11-12-1991; Ord. No. 768, § 2, 6-14-1994; Ord. No. 908, 8-26-2008; amended 7-27-2021 by Ord. No. 1128; 4-26-2022 by Ord. No. 1131]
No holder of a license under this chapter shall sell, deliver,
give away, serve, permit to be sold, served or consumed on the licensed
premises between 1:00 a.m. and 8:00 a.m., on Christmas Day, or after
6:00 p.m. on Christmas Eve. In addition, a person may not provide
off sale after 1:00 a.m. on Thanksgiving Day or between 1:00 a.m.
and 8:00 a.m. on Sundays. A person who violates this section is guilty
of a Class B misdemeanor.
[Ord. No. 550, § V, 8-28-1979]
No retail license of any kind shall be granted hereunder for
the retail sale of intoxicating beverages where the room or building
sought to be licensed is used or shall be used for any other business
or purpose other than the sale of intoxicating beverages at retail.
Nor shall such room or place so licensed during the period of the
license be used by the licensee or any person or any other business
or purpose whatsoever, and if the licensed premises, or any part thereof,
is so used or permitted to be used for any other purposes, the retail
license shall terminate and shall stand revoked.
Notwithstanding the restrictions contained in the paragraph
immediately above, a room or premises sought to be licensed under
this chapter may be used for the sale of cheese, nuts, sausages, or
other gourmet specialty items, related sundries, and mixing supplies.
[Ord. No. 550, § V, 8-28-1979]
Every licensee shall at all time maintain the interior of his
licensed premises in a clean and sanitary condition and conduct and
maintain his business in a clean, orderly, and respectable manner.
[Ord. No. 550, § V, 8-28-1979; Ord. No. 794, 9-24-1996]
(a)
Not more than three on- and/or off-sale retail beer licenses and
three on-sale liquor licenses or one off-sale beer and one off-sale
liquor license can be applied for, issued, or granted to any one person.
(1)
The population restrictions contained in Article III, Section 3-37, shall not apply to renewals of existing licenses, but no new licenses shall be issued hereunder except on a population basis, unless otherwise provided in such article, provided, however, that any licensee holding both on-sale and off-sale beer licenses on the effective date of this chapter, who shall have made application on or before August 15, 1979, for a general on-sale liquor license, may be entitled to receive a general on-sale liquor license, provided that any such applicant and the premises proposed for licensing otherwise qualify for such license.
(2)
For purposes of the population restrictions contained in this chapter,
it is herewith determined that the population of the city of Williston
is now 13,000 people.
[Ord. No. 550, § V, 8-28-1979; Ord. No. 756, 6-9-1992; Ord. No.
791, 4-23-1996; Ord. No. 1043, 6-24-2016]
No person shall drink or consume any intoxicating beverages
in any of the cemeteries, parks, or similar public places within the
city; nor shall any person have in his possession or under his control
in any such public place any intoxicating beverage in any package,
bottle or container, unless the package, bottle or container is sealed
and stamped as required by the laws of the state and that such package,
bottle or container has not been opened or the seal broken.
The above prohibition shall not apply to such areas of the Williston
Park System which have been specifically set forth as a licensed premises
in an application for retail license approved by the Williston Park
District and approved in the normal course by the board of city commissioners.
The above prohibition shall not apply to beer sold and consumed on
the municipal golf course pursuant to the provisions of the municipal
golf course beer sales license or special event license.
The above prohibition shall not apply to such areas of public
ways or public places which have been specifically approved and obtained
a permit for an outdoor sidewalk cafe or have been specifically approved
and permitted for a special event alcoholic beverage permit allowing
the consumption of intoxicating beverages as provided for in the municipal
code of ordinances.
[Ord. No. 550, § V, 8-28-1979]
No licensee, his agent or employees, shall sell, serve, dispense,
or in any way deliver alcoholic beverages to an incompetent, to any
habitual drunkard, or to an intoxicated person. Whosoever shall in
any way procure or furnish alcoholic beverages for the use of any
such person heretofore in this section named shall be deemed to have
sold it to such person and to have violated the terms and conditions
of this chapter.
[Ord. No. 550, § V, 8-28-1979]
All premises licensed for the on-sale of alcoholic beverages
shall provide separate modern restroom facilities for men and women.
Such restrooms shall be equipped with running water, wash basin, soap,
and paper towels, and no retailer's license shall be issued unless
the premises to be licensed conforms to the sanitary, safety, and
health requirements of the city and has been approved by responsible
health officials.
[Ord. No. 550, § V, 8-28-1979; Ord. No. 771, 11-8-1994]
No person holding an off-sale license hereunder shall permit
the consumption of intoxicating beverages upon the licensed premises
or the opening of the container containing the alcoholic beverages,
the same being the original package in which the sale is made on the
premises where sold. All sales of intoxicating beverages made by a
licensee holding an off-sale license shall be completed upon the licensed
premises by the delivery of the container containing the intoxicating
beverages sold to the purchaser upon such premises for removal from
the premises in its original package. No delivery shall be made by
any person holding an off-sale license to any person or to any premises
or any location or point other than that licensed hereunder. Notwithstanding
the restrictions contained herein, a licensed off-sale retailer may
permit the sampling, without charge, of alcoholic beverages with an
alcoholic content not exceeding 24% by volume, upon the licensed premises,
but no more often than four two-day events per month.
[Ord. No. 550, § V, 8-28-1979]
No intoxicating liquor shall be permitted to be owned, held
or possessed upon any licensed premises or by any person to whom a
license for the retail sale of liquor has been issued unless the stamp
tax as provided by the Liquor Control Act of the state has been properly
affixed to the containers thereof and unless the taxes on such intoxicating
liquor have been paid. The possession of any container of intoxicating
liquor, which container does not bear the proper stamps issued by
the state pursuant to the Liquor Control Act of the state shall be
deemed to be illegal and a violation of this article.
[Ord. No. 550, § V, 8-28-1979]
No licensee hereunder shall purchase, have or possess any intoxicating
beverages unless such licensee shall have purchased the same from
a wholesaler duly licensed pursuant to the laws of the state.
[Ord. No. 550, § V, 8-28-1979]
Each licensee hereunder shall keep on file all invoices covering
purchases by him of intoxicating liquor and beer showing the name
and state license number of the wholesaler. Each licensee hereunder
shall also keep a book showing the kinds and quantities of all liquor
and beer purchased, together with the name and state license number
of the wholesaler selling such liquor and beer to the licensee. Such
records shall be retained in possession of the licensee and at all
times shall be open to inspection by any police officer or peace officer
of the state.
[Ord. No. 550, § V, 8-28-1979; Ord. No. 801, 8-12-1997]
No licensee for the sale of off-sale liquor shall maintain,
or suffer to be constructed or maintained or placed in the room or
premises licensed any side room, booth, or other enclosure whatsoever,
nor shall there be kept therein any tables or other articles for the
accommodation of customers or others, other than that the licensee
may maintain therein necessary shelving and plain counter to accommodate
purchasers and the licensee or his assistants. No licensee for the
sale of off-sale intoxicating beverages shall allow consumption of
such off-sale beverages on the licensed premises unless otherwise
specifically provided herein.
[Ord. No. 550, § V, 8-28-1979]
No licensee for the on-sale of liquor shall keep or maintain
upon the licensed premises any container or receptacle, corked or
sealed by the manufacturer, and containing intoxicating liquor, excluding
beer as herein defined, which is smaller than 24 ounces in size.
[Ord. No. 550, § V, 8-28-1979]
Licenses issued to licensees hereunder shall be posted in a
conspicuous place in the premises for which the license is sought.
[Ord. No. 698, 6-23-1987]
(a)
The board of city commissioners may by special permit authorize an
on-sale alcoholic beverage license holder who operates an eating establishment
to engage in the sale of beer and wine in conjunction with the sale
of prepared meals on Sunday between the hours of 12:00 noon and 9:00
p.m. for consumption only in that part of the eating establishment
habitually used for the serving of prepared meals. As used in this
section, "eating establishment" means a restaurant or other commercial
establishment that is licensed to engage in the sale of alcoholic
beverages at retail pursuant to the provision of the Code of Ordinances
of the City of Williston, and which derives 50% or more of its annual
gross receipts from the sale of prepared meals and not alcoholic beverages.
The annual fee for the permit shall be the sum of $150 per year, payable
in advance.
