For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Alcoholic beverage.
Alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
Mixed beverage.
One or more servings of a beverage composed in whole or in part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit, the holder of a food and beverage permit, the holder of a daily temporary mixed beverage permit, the holder of a caterer’s permit, the holder of a mixed beverage late hours permit, the holder of a private club registration permit, or the holder of a private club late hours permit.
Off-premises.
Locations other than those described in the definition of “premises” in this section.
Open container.
A container that is no longer sealed.
Person.
A natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them.
Premises.
The grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the same person.
Private club.
A club which is an association of persons that holds a private club registration permit allowing alcoholic beverages to be served for on-premises consumption to members of the club and their guests as authorized by the alcoholic beverage commission under the provisions of the Alcoholic Beverage Code of the state. Such alcoholic beverages can either be:
(1) 
Stored, possessed and mixed on the club premises; or
(2) 
Served for on-premises consumption only to members of the club and their families and guests, by the drink or in sealed, unsealed or broken containers of any legal size.
Private school.
A school that is not a public school, including a parochial school, that:
(1) 
Offers a course of instruction for students in one or more grades from kindergarten through grade 12; and
(2) 
Has more than 100 students enrolled and attending courses at a single location.
Wine and vinous liquor.
The product (or libation) obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries or honey, and includes wine coolers.
(Ordinance 18-11, ex. A, sec. 4.301, adopted 6/11/18)
(a) 
It shall be unlawful for any person to manufacture, distill, brew, import, transport, store for purposes of sale, distribute or sell any beer, wine or mixed beverages within the town unless such person has obtained a town permit from the office of the town secretary.
(b) 
The town secretary shall submit each application to the appropriate town departments, as determined by the town manager, to ensure that the application complies with all town ordinances and regulations, including this section.
(c) 
A fee equal to one-half the amount of the state fee application is hereby imposed upon each application for a permit to sell any beer, wine or mixed beverages within the town. This fee shall be collected when the application for such permit is requested for the state permit. Permits shall be available during regular business hours from the town secretary. Such permit must be presented to the town secretary for certification that such permit is in compliance with all town ordinances.
(Ordinance 18-11, ex. A, sec. 4.302, adopted 6/11/18)
(a) 
The hours of sales of alcoholic beverages in the town shall comply with state law provisions regarding the hours of sales of alcoholic beverages for the permit issued by the state, as amended.
(b) 
The extended hours provision of section 105.03 of the Alcoholic Beverage Code is hereby adopted. No person shall sell or offer for sale mixed beverages except between the hours of 7:00 a.m. and 2:00 a.m. the following day.
(Ordinance 18-11, ex. A, sec. 4.303, adopted 6/11/18)
(a) 
Prohibition.
A person commits an offense if the person possesses an open container or consumes an alcoholic beverage on a public street, public alley, or public sidewalk within 1,000 feet of the property line of a facility that is a public or private school.
(b) 
Exceptions.
This section does not apply to the possession of an open container or the consumption at an event duly authorized by appropriate authorities and held in compliance with all other applicable provisions of this code.
(Ordinance 18-11, ex. A, sec. 4.304, adopted 6/11/18)
Any person, firm or corporation violating any provision of this article shall be deemed guilty of a misdemeanor and shall upon final conviction thereof be fined in the amount in accordance with the general penalty provided in section 1.01.009 of this code, and each and every day any such violation shall continue shall constitute a separate violation hereunder.
(Ordinance 18-11, ex. A, sec. 4.305, adopted 6/11/18; Ordinance adopting 2021 Code)