Nonintoxicating liquor as used in this article is declared to be beer for beverage purposes containing alcohol not in excess of 3.2% of alcohol by weight. All beverages containing more than 3.2% of alcohol by weight are declared to be intoxicating liquors; and malt liquors, beer and ale, in excess of 3.2% by weight and not exceeding 5% by weight.
(Ordinance 334, sec. 2, adopted 9/6/77)
Any person who shall violate any provision of this article shall on conviction thereof or plea of guilty thereto be punished by a fine of at least ten dollars ($10.00) and no more than five hundred dollars ($500.00), or by imprisonment not to exceed ninety days, or by both fine and imprisonment.
(Ordinance 334, sec. 18, adopted 9/6/77)
(a) 
No permit or license shall be issued by the city for the sale of intoxicating liquors, including beer commonly called five percent beer and beer commonly called 3.2% beer, within three hundred (300) feet of any church, or place of worship, or school located within the corporate limits of the city, unless the applicant shall first obtain the consent in writing of the majority of the board of directors of such school or the consent in writing of the majority of the managing board of such church or place of worship.
(b) 
The measurement of one hundred (100) feet, building foundation to building foundation, may be used when both establishments in question are located in a commercial zoned area.
(Ordinance 334, sec. 10, adopted 9/6/77; Ordinance 2021-793 adopted 7/13/21)
No person shall sell or give within the corporate limits of the city intoxicating liquors or malt liquors, including beer commonly called 5% beer and nonintoxicating beer commonly called 3.2% beer, to any person under the age of twenty-one (21) years. Any person so doing shall be deemed guilty of a violation of this article.
(Ordinance 334, sec. 13, adopted 9/6/77)
Signs shall be posted on every door, entrance, or entryway of any business that holds a license under this article which clearly states that no persons under 21 years of age are allowed inside the establishment and that a picture identification which shows their date of birth is required before entering or remaining in the business establishment.
(Ordinance 98-466A, sec. 2, adopted 11/3/98)
No person having a license under the provisions of this article shall sell, give away, or permit the same to be done upon or about his premises any intoxicating liquor or beer or nonintoxicating beer in the original package direct to the consumer and not for consumption on the premises where sold in quantity between the hours of 1:30 a.m. and 6:00 a.m., Central Standard Time or Central Daylight Savings Time, as the case maybe, on any weekday, and between the hours of 1:30 a.m. Sunday and 6:00 a.m. Monday; provided, however, that nonintoxicating liquors may be sold on Sunday between the hours of 6:00 a.m. through 1:30 a.m. on Monday. Provided further that those persons issued a special license for Sunday sale of alcoholic beverages may dispense such beverages on Sunday between the hours of 6:00 a.m. through 1:30 a.m. on Monday at retail for consumption on the premises of the restaurant-bar.
(Ordinance 334, sec. 15, adopted 9/6/77; Ordinance 2004-334 adopted 1/6/04; Ordinance 2021-804, sec. 1, adopted 9/14/21)
(a) 
Notwithstanding any provision of law to the contrary, any person who is licensed to sell intoxicating liquor at retail by the drink for on-premises consumption may sell retailer-packaged alcoholic beverages to customers in containers, filled on such premises by any employee of the retailer who is twenty-one (21) years of age or older, for off-premises consumption if all of the following requirements are met:
(1) 
The container of the alcoholic beverage is rigid, durable, leakproof, sealable, and designed to prevent consumption without removal of the tamperproof cap or seal. A sealable container does not include a container with a lid with sipping holes or openings for straws;
(2) 
The contents of each container do not exceed one hundred twenty-eight (128) ounces;
(3) 
The patron orders and purchases a meal from the licensee simultaneous with the alcoholic beverage purchase. For purposes of this subsection, a “meal” is defined as food that has been prepared on-premises;
(4) 
The number of alcoholic beverages sold under this section by a licensee for off-premises consumption is limited tow twice the number of meal servings sold by the licensee for off-premises consumption;
(5) 
The licensee provides the patron with a dated receipt or an electronic record for the meal and alcohol beverages; and
(6) 
The container is either:
(A) 
Placed in a one-time-use, tamperproof, transparent bag that is securely sealed; or
(B) 
The container opening is sealed with tamperproof tape.
For purposes of this subsection, “tamperproof” means that a lid, cap, or seal visibly demonstrates when a bag or container has been opened.
(b) 
Containers that are filled under subsection (a) of this section shall be affixed with a label or tag that contains the name and address of the business that filled the container, in type not smaller than three (3) millimeters in height and not more than twelve (12) characters per inch, and states, “this beverage contains alcohol.”
(c) 
The filing of a container under this section shall be in compliance with section 3-304.17(C) of the 2009 Food and Drug Administration Food Code.
(Ordinance 2021-807 adopted 9/14/21)