The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means and includes any spirituous, vinous, malt, or fermented
liquor, liquids and compounds, whether or not medicated, proprietary,
patented, and by whatever names called, containing one-half of one
percent or more of alcohol by volume which are fit for use for beverage
purposes.
means any beverage obtained by alcoholic fermentation of
an infusion or decoction of barley, malt, hops, and other cereal in
potable water, or any of them.
means any beverage containing alcohol by distillation, mixed
with potable water and other substances in solution, and includes,
among other things, wine containing an alcoholic content of over 16
percent by volume.
means the product made by the normal alcoholic fermentation
of the juice of sound, ripe grapes, or any other fruit with the usual
cellar treatment, and containing not more than 16 percent of alcohol
by volume. It shall also include fermented fruit juices other than
grapes.
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Cross references: Definitions generally, § 1-2.
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(Code 1981, § 80.1)
(a)
No person,
either directly or indirectly, by himself, clerk, agent, servant,
or employee, shall at any time sell, furnish, give, or deliver any
alcoholic liquor to any person unless such person shall have attained
the age of 21 years.
(b)
No person,
either directly or indirectly by himself, clerk, agent, servant or
employee, shall at any time sell, furnish, give, or deliver any alcoholic
liquor to any person who is so intoxicated as not to be in control
of all of his faculties.
(Code 1981, § 80.2(1))
No person, either directly or indirectly, by himself, his agent,
servant, or employee, shall sell, give away, furnish, or permit to
be drunk or consumed on the premises owned, operated or controlled
by him and for which a license has been granted by the state, any
alcoholic liquor between the hours of 2:00 a.m. and 7:00 a.m. of each
day: Provided, however, that during the night of December 31 and the
morning of January 1, such liquor may be sold or otherwise furnished
during the entire period permitted by the statutes of this state.
(Code 1981, § 80.2(3))
No person shall permit spirits to be consumed in any place or
on any premises owned, operated, or controlled by him, and licensed
under the laws of the state to sell beer, or wine, and not licensed
to sell spirits.
(Code 1981, § 80.2(2))
No gambling shall be permitted on any premises wherein alcoholic
liquors are sold for consumption on such premises. No dancing or floor
shows shall be permitted on any premises for which a license has been
issued for the sale of alcoholic liquors unless a dance permit has
been issued to the owner of the premises.
(Code 1981, § 80.3)
No person having the management, ownership, or control of any
premises in the city, wherein alcoholic liquors are sold for consumption
on such premises shall permit by talking, laughing, boisterous conduct,
or in any other manner, the disturbance of the peace and good order
of the neighborhood. No person having the management, ownership, or
control of any premises wherein alcoholic liquors are sold for consumption
on such premises, shall permit anyone employed in such business to
drink alcoholic liquors with, visit or fraternize with any of the
patrons of such establishment in such place of business.
(Code 1981, § 80.4)
Any person violating any of the provisions of this chapter shall be punished as provided by section 1-16 of this Code.
(Code 1981, § 80.15)
The purpose of this article is to establish procedures and standards
for review of applications for liquor licenses and renewal and revocation
of liquor licenses to sell beer and wine or spirits for consumption
on the premises.
(Code 1981, § 80.5)
(a)
No person
shall sell beer and wine or spirits for consumption on the premises
within the city without applying for approval to the city council
and obtaining the express approval of the city council for such license
in accordance with this article.
(b)
No person
shall sell beer and wine or spirits for consumption on the premises
within the city without applying for approval to the state liquor
control commission and obtaining the express approval of the state
liquor control commission for such license in accordance with state
law.
(Code 1981, § 80.6(1), (2))
An application for a license to sell beer and wine or spirits
for consumption on the premises shall be made to the city council,
in writing, signed by the applicant, if an individual, or by a duly
authorized agent thereof, if a partnership, corporation or other legal
entity, verified by oath or affidavit, and shall contain the following
information:
(1)
The name,
age, social security number, address and driver's license number of
the applicant in the case of an individual; or, in the case of a copartnership,
the persons entitled to share in the profits thereof; and, in the
case of a corporation, the purposes for which organized, the names
and addresses of the officers and directors, and if a majority interest
in the stock of such corporation is owned by one person or his nominee,
the name and address of such person and a list of the names of the
shareholders;
(2)
The citizenship
of the applicant, his place of birth, and if a naturalized citizen,
the time and place of his naturalization;
(3)
The character
of business of the applicant, and in the case of a corporation, the
purpose for which it was formed;
(4)
The length
of time the applicant has been in business of that character or, in
the case of a corporation, the date when it was incorporated;
(5)
The location
and description of the premises or place of business which is to be
operated under such license;
(6)
A statement
whether the applicant has made application for a similar or other
license on premises other than described in this application, and
the disposition of such application;
(7)
A statement
that applicant has never been convicted of a felony;
(8)
A statement
that the applicant has met all of the qualifications necessary to
obtain a license as set forth in this article and/or the laws of the
state;
(9)
A statement
that the applicant will not violate any of the laws of the state,
the United States, or any ordinances of the city in the conduct of
his business;
(10)
The
application shall be accompanied by building and plat plans showing
the entire structure and premises and, in particular, the specific
areas where the license is to be utilized. The plan shall demonstrate
adequate off-street parking, lighting, refuse disposal, screening
and noise control;
(11)
The
proposed hours and days of the week the premises will be open to the
public;
(12)
Whether
food will be available to the patrons for purchase. If so, the type
of food and proposed hours available to the public;
(13)
Whether
entertainment will be provided. If so, the type of entertainment and
proposed hours;
(14)
A statement
as to whether the applicant has ever been denied an application for
a liquor license by the state liquor control commission. If so, the
reason for the denial; and
(15)
A statement
as to whether the applicant has ever been the holder of a liquor license
which has been revoked or not renewed. If so, the reason for the revocation
or nonrenewal.
(Code 1981, § 80.7)
An application for a liquor license shall be accompanied by
a fee. The amount of such fee shall be that as is adopted by resolution
by the city council.
(Code 1981, § 80.8)
A liquor license shall not be approved or renewed if:
(1)
The applicant
was the holder of a liquor license, in the state, which has been revoked
or not renewed;
(2)
The applicant,
at the time of the application or renewal of any license issued under
this article, would not be eligible for such license upon a first
application;
(3)
The applicant
is a copartnership and all of the members of such copartnership do
not qualify individually to obtain a license;
(4)
The applicant
is a corporation and any officer, manager or director thereof, or
stockowner or stockholders owning any aggregate more than five percent
of the stock of such corporation would not be eligible to receive
a license hereunder for any reason;
(5)
The applicant's
place of business is conducted by a manager or agent, unless such
manager or agent possesses the same qualifications required of the
licensee;
(6)
The applicant
has been convicted of a violation of any federal or state law or city
ordinance concerning the manufacturing, possession or sale of alcoholic
liquor or controlled substances;
(7)
The applicant
does not own the premises for which such a license is sought or does
not have a lease thereof for the full period for which the license
is issued, or if the applicant does not have the financial assets
to carry on or maintain the business;
(8)
The applicant
is a law enforcing public official or any member of the city council,
no such official shall be interested in any way, either directly or
indirectly, in the manufacture, sale or distribution of alcoholic
liquor;
(9)
There
exists a violation of the applicable building, electrical, mechanical,
plumbing or fire codes, applicable zoning regulations, or applicable
public health regulations, or any other applicable city ordinance,
county regulation, state or federal law or regulation;
(10)
It
is determined by a majority of the city council that the premises
do not or will not, reasonably soon after commencement of operations,
have adequate off-street parking, lighting, refuse disposal facilities,
screening, noise or nuisance control, or where a nuisance does or
will exist;
(11)
The
city council determines and finds that the proposed location is unreasonably
detrimental and injurious to the surrounding properties and persons,
and/or does not have appropriate provision for: traffic safety, accessibility
to the site from abutting roads, capability of abutting roads to accommodate
the commercial activity, distance from inconsistent neighboring zoning
districts, capacity to control and monitor noise and amplified music,
accessibility from primary roads or state highways and distance from
public or private schools.
(Code 1981, § 80.9)
No applicant for a liquor license has the right to the issuance
of such license to him, and the city council reserves the right to
exercise reasonable discretion to determine who, if anyone, shall
be entitled to the issuance of such license. Additionally, no applicant
for a liquor license has the right to have such application processed
and the city council further reserves the right to take no action
with respect to any application filed with the city council. The city
council further reserves the right to maintain a list of all applicants
and to review same when, in its discretion, it determines that the
issuance of an additional liquor license is in the best interest of
the city at large and for the needs and convenience of its citizens.
(Code 1981, § 80.10)
(a)
When
the city council determines that the issuance of an additional liquor
license is in the best interest of the city at large and for the needs
and convenience of its citizens, the city council shall direct the
city clerk to submit for publishing with the local newspaper a notice
which shall contain the following information:
(1)
The
type of liquor license available;
(2)
A
statement directing all interested persons to apply in accordance
with this article;
(3)
The
deadline for submission of applications;
(4)
A
statement that the applicant will have an opportunity to be heard
at a public hearing; and
(5)
The
time, location and date of the public hearing.
(b)
The city
shall, by resolution, approve or disapprove the application for a
liquor license, and make findings of fact that the applicant has met
the requirements of this article or that the applicant has failed
to meet the requirements of this article. The city council's determination
shall be based upon the applicant's compliance with the standards
and procedures set forth in this article.
(Code 1981, § 80.11)
The holder of a liquor license shall apply for renewal to the
state liquor control commission and to the city council. The state
liquor control commission must expressly approve the renewal of such
license. Failure of the city council to file an objection to the renewal
of such license within 30 days prior to the expiration of same shall
constitute approval of the renewal of the liquor license. The holder
of a liquor license shall, 60 days prior to the expiration of same,
notify the city council in writing of the date that such license shall
expire.
(Code 1981, § 80.6(3))
(a)
Before
filing an objection to renewal or request for revocation of a license
with the state liquor control commission, the city council shall serve
the license holder by certified mail, mailed not less than ten days
prior to a hearing, with notice of a hearing, which notice shall contain
the following:
(b)
Following
the hearing, the city council shall submit to the license holder and
the state liquor control commission a written statement of its findings
and determination.
(Code 1981, § 80.12)
The city shall recommend nonrenewal or revocation of a license
issued under this article upon a determination by it that based upon
a preponderance of the evidence presented at hearing either of the
following exists:
(1)
Violation
of any of the restrictions or conditions set forth in this chapter;
or
(2)
Maintenance
of a nuisance upon the premises.
(Code 1981, § 80.13)
Approval of a license under this article shall be for a period
of one year, subject to annual renewal by the city council upon continued
compliance with the regulations of this chapter.
(Code 1981, § 80.14)
