[HISTORY: Adopted by the City Council of
the City of Long Branch 4-23-1996 by Ord. No. 13-96 (Ch. VIII of the 1971
Code). Amendments noted where applicable.]
This chapter is enacted to regulate the sale
and transportation of alcoholic beverages in the City of Long Branch
in accordance with the provisions of an act of the legislature of
the State of New Jersey entitled "An Act Concerning Alcoholic Beverages,"
comprising Chapter 436 of the Laws of 1933, its supplements and amendments,
and also comprising N.J.S.A. 33:1-1 et seq., and in accordance with
the rules and regulations of the State Director of Alcoholic Beverage
Control.[1]
[1]
Editor's Note: Laws concerning alcoholic beverage
control are contained in Title 33 of the Revised Statutes. All ordinances
must be in conformity with these provisions and approved by the Director
of Alcoholic Beverage Control, N.J.S.A. 33:1-40. State law prescribes
the types of licenses that may be issued, their number, permissible
license fees and the regulations of licensed premises, N.J.S.A. 33:1-40.
A.
Laws applicable. All applications for licenses, all licenses issued and all proceedings under this chapter shall be in accordance with the acts, rules and regulations referred to in § 103-1 and all other applicable laws of the State of New Jersey or of the United States.
B.
Issuing authority. All licenses required by this chapter
shall be issued by the Council, which shall also administer the provisions
of this chapter.
C.
License required. No person shall sell or distribute alcoholic beverages within the City without having obtained a license in accordance with the act referred to in § 103-1 and the provisions of this chapter.
D.
Fingerprinting required. Each individual applicant for an alcoholic
beverage license and the officers, directors and stockholders, including
the officers, directors and stockholders of any corporation holding
more than 10% of the capital stock or outstanding indebtedness of
any corporate applicant, and any individual other than an officer,
director of members of any partnership, association or organization
application, shall be fingerprinted under the direction of the Chief
of Police and pay that amount charged by the state or federal agency
for a fingerprint inquiry where such an inquiry is permitted by law,
which shall be paid by certified check or money order payable to the
agency. Upon receipt of a report from both federal and state agencies,
the Chief of Police will report to the Director of Public Safety,
who shall report to the City Council any arrests or conviction record
pertaining to any crime. A "crime" is any offense that is a violation
of Title 2C of the New Jersey Statutes, including disorderly persons
and petty disorderly persons offenses, or an offense committed in
New Jersey prior to 1979 or outside of New Jersey that would constitute
a crime under Title 2C of the New Jersey Statutes. The report shall
also advise whether the applicant has violated the provisions of any
act, rule or regulation affecting the sale of alcoholic beverages,
drugs, narcotics or otherwise or the operation of games in which the
primary element determining the outcome is chance.
[Amended 4-24-2018 by Ord. No. 10-18]
E.
Change in corporate structure. When a change in the
corporation stockholdings of a license corporation occurs, that change
must be reported to the issuing authority within 10 days after the
sale of the corporation's shares. This action does not constitute
a transfer, but is handled as a change in the corporate structure.
If the change encompasses 1/3 or more of the total number of issued
shares, the change must be reported by the filing of a complete twelve-page
application form. If the change constitutes less than 1/3 of the total
issued shares, the change is reported by amending the last application
on file by filing new pages to reflect the changes. Any new stockholder
must be fully qualified as an individual to hold an alcoholic beverage
license and must be investigated by the issuing authority.
A.
Seasonal license. The seasonal license shall be issued
for any premises east of Second Avenue in the City other than for
bona fide hotels having 100 rooms or more.
[Amended 10-23-2019 by Ord. No. 17-19]
B.
Proximity to existing license location. A license
for the retail sale of alcoholic beverages for consumption on or off
the licensed premises, excepting renewal licenses for the same premises
which have been previously licensed and transferred from person to
person, shall not be granted or transferred to other premises within
1, 000 feet of any existing licensed premises in any zone in which
liquor stores, bars and night clubs, restaurants or eating and drinking
establishments are nonpermitted uses. The distances shall be measured
in the same manner as that required by statute for the measuring of
businesses between licensed premises, schools and churches.
[Amended 6-22-2004 by Ord. No. 21-04; 10-12-2004 by Ord. No.
40-04; 10-28-2008 by Ord. No. 22-08; 10-23-2019 by Ord. No. 17-19]
C.
Exceptions.
[Added 10-28-2008 by Ord. No. 22-08]
(1)
An exception to the one-thousand-foot distance requirement shall apply to restaurants. "Restaurants" shall be defined in accordance with the definition found in § 103-5G.
(2)
The following requirements shall apply to restaurants
for purposes of this exception:
(a)
The total number of seats at the bar shall not
exceed 15% of the total number of seats in the restaurant for the
service of meals.
(b)
At a minimum, 75% of the usable floor area of
the premises must be devoted to the service of meals.
(c)
No alcoholic beverages may be removed from the
restaurant premises by any patron at any time, and no package good
sales are permitted.
(d)
The restaurant shall contain separate restroom
facilities for men and women.
(e)
The restaurant must be a full-service restaurant
furnishing complete meals, i.e., dinners with appetizers, main entree
and dessert.
(f)
The sale of alcoholic beverages shall only be
permitted between the hours of 11:00 a.m. and 1:00 a.m. prevailing
time, and no consumption shall be permitted within the restaurant
after 1:30 a.m. and prior to 11:00 a.m., prevailing time, and notwithstanding
the above, only during those hours when the service of food is available.
(g)
There shall be no separate and exclusive exterior
entrances to the bar. Access to the bar shall be through the restaurant
premises.
(h)
All regulations of the alcoholic beverage control
authority shall remain applicable to the restaurant.
The hours and times when sale of alcoholic beverages
at retail, and the consumption thereof, may be made are as follows:
A.
Weekdays. On weekdays between the hours of 7:00 a.m.
and 2:00 a.m. of the following day; provided, however, that on the
last day of the calendar year the hours shall be between 7:00 a.m.
and 5:00 a.m. of the day following.
B.
Sundays. On Sundays between the hours of 9:00 a.m.
and 2:00 a.m. of the day following; provided further that on the last
day of the calendar year, when it shall fall on a Sunday, the hours
shall be between 9:00 a.m. and 5:00 a.m. of the day following.
[Amended 5-28-1996 by Ord. No. 18-96]
C.
No retail licensee may sell spirituous liquors in
original containers (package goods) before 9:00 a.m. and after 10:00
p.m. on any day of the week.
D.
Close of premises requirement. Before the start or
after the close of any period of time during which alcoholic beverages
may legally be sold, the entire licensed premises shall be closed
for business, and all curtains shall be thrown open so that the premises
shall be open to the view of the public. All customers and patrons
shall be off the premises by 2:30 a.m. and may be permitted to consume
alcoholic beverages purchased before 2:00 a.m. No licensees shall
serve or deliver or allow, permit or suffer the service or delivery
of any alcoholic beverage or allow the consumption of any alcoholic
beverage on the premises at the close of legal selling hours. No alcoholic
beverages shall be consumed on the premises by anyone, including the
licensee or his employees, after the close of legal selling hours,
and all alcoholic beverages remaining unconsumed at the close of legal
selling hours shall be immediately removed from the bar and tables
and disposed of by the licensee. All licensed premises shall permit
the entry of a law enforcement officer for the purposes of enforcement
of City ordinances and the laws of the State of New Jersey.
E.
Nonapplicability. The close-of-premises requirement contained in Subsection D shall not apply to motels, hotels and restaurants, as hereinafter defined, and meeting the requirements of Subsection F, Hotels and restaurants, or to clubs which have a club liquor license and other establishments where the principal business or activity is other than the sale of alcoholic beverages. Such premises may remain open before the start or after the close of legal selling hours, but no licensee shall serve or deliver or allow, permit or suffer the delivery of any alcoholic beverages or allow the consumption of any alcoholic beverages, and no alcoholic beverages shall be consumed by anyone, including customers, the licensee or his employees, on such premises before the start or after the close of legal selling hours; and all alcoholic beverages remaining unconsumed at the close of legal selling hours shall be immediately removed from the bar and the tables and disposed of by the licensee; provided also that in such case before the start and after the close of legal selling hours, the bar and any other place from which alcoholic beverages are usually dispensed shall be closed, and a sign reading "BAR CLOSED" shall be permanently displayed on the bar, and any separate room which is devoted solely to the service and consumption of alcoholic beverages shall be closed off.
F.
Hotel and restaurants. Any licensed premises or part
of any licensed premises may be designated by the Council as a hotel
or restaurant area. Nightclubs are not restaurants or hotels.
(2)
A part or portion of any licensed premises may be
designated a hotel or restaurant area only if that part or portion
in fact constitutes a hotel or restaurant.
(3)
Applications to designate any licensed premises or
part of any licensed premises as hotel or restaurant areas shall be
made in writing by the licensee and may be made simultaneously with
the application for renewal of an annual license. The licensee shall
submit with the applications all documents, sketches and other information
necessary to a determination whether the premises or part of the premises
sought to be designated in fact constitutes a hotel or restaurant.
The licensee shall be given the opportunity to be heard on the application.
G.
HOTEL or MOTEL
NIGHTCLUB
RESTAURANT
Definitions. For the purposes of this section, the
following definitions shall apply:
A building containing more than five rooms with individual
entrances, used or intended to be used, rented or hired out, to be
occupied for sleeping purposes by guests and which may also contain
only a general kitchen and dining room and/or drinking facilities
and conference or meeting rooms.
Any licensed premises or part of any licensed premises primarily
engaged in the retail sale of beverages, which provides entertainment
and/or dancing and where the sale or service of food is incidental
to the entertainment. A nightclub shall not be considered a restaurant
or hotel.
An establishment regularly and principally used for the purposes
of providing meals to the public, having an adequate kitchen and dining
room or dining area, equipped for the preparing, cooking and serving
of foods for its customers and in which no other business, except
as incidental to such establishments, is conducted.
A.
MINOR
Definitions. For the purposes of this chapter, the
following definitions shall apply:
Any person under the legal age of consumption of alcoholic
beverages in the State of New Jersey.
B.
Misstating age.
(1)
No person shall misrepresent his age or the age of
another person for the purpose of inducing any licensee or his employee
to sell, serve or deliver any alcoholic beverages to a person under
the legal age of consumption of alcoholic beverages in the State of
New Jersey.[1]
[1]
Editor's Note: Former Subsection B(2), regarding
persons under the legal age for consumption of alcoholic beverages,
which immediately followed this subsection, was repealed 9-14-1999
by Ord. No. 39-99.
C.
Presumption. Any parent or guardian of a minor who
accompanies such person under the legal age for consumption of alcoholic
beverages in the State of New Jersey into a premises in which alcoholic
beverages are served and who permits the minor to possess or consume
alcoholic beverages shall be presumed to have misrepresented the age
of the minor.[2]
[2]
Editor's Note: Former Subsection D, Possession,
which immediately followed this subsection, was repealed 9-14-1999
by Ord. No. 39-99.
D.
It shall be unlawful for any person under the legal
age who, without legal authority, knowingly possesses or knowingly
consumes any alcoholic beverage on private property. Violation of
this subsection shall be punishable by a line of $250 for the first
offense and $350 for any subsequent offense.
[Added 8-8-2000 by Ord. No. 32-00]
(1)
In addition to the fine imposed pursuant to this section,
the Court may suspend or postpone, for six months, the driving privilege
of the defendant. Upon conviction of any person and the suspension
or postponement of that person's driver's license, the Court shall
forward a report to the Division of Motor Vehicles stating the first
and last day of the suspension or postponement period imposed by the
Court pursuant to this section. If a person at the time of the imposition
of the sentence is less than 17 years of age, the period of license
postponement, including the suspension or postponement of the privilege
of operating a motorized bicycle, shall commence on the day the sentence
is imposed and shall run for a period of six months after the person
reaches the age of 17.
(2)
If a person, at the time of the imposition of a sentence
imposed pursuant to this section, has a valid driver's license issued
by this state, the Court shall immediately collect the driver's license
and forward it to the Division along with the report. If for any reason
the license cannot be collected, the Court shall include in the report
the complete name, address, date of birth, eye color and sex of the
person, as well as the first and last date of the license suspension
period imposed by the Court.
(3)
The Court shall inform the person, in writing, pursuant
to P.L. 2000, Chapter 33, amending N.J.S.A. 40:48-1, as to the potential
consequences of violating the period of suspension or postponement.
(4)
This section shall not be construed to prohibit an
underage person from consuming or possessing an alcoholic beverage
in connection with a religious observance, ceremony or rite, or consuming
or possessing an alcoholic beverage in the presence of and with the
permission of a parent, guardian or relative who has attained the
legal age to purchase and consume alcoholic beverages.
(a)
For purposes of this section "guardian" is defined
as a person who has qualified as a guardian of the underage person
pursuant to testamentary or Court appointment.
(b)
Pursuant to this section "relative" shall be
defined as the underage person's grandparent, aunt or uncle, sibling
or any other person related by blood or affinity.
(5)
This Subsection D shall not be construed to prohibit possession of alcoholic beverages by any person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes of the State of New Jersey, or actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or a post-secondary educational institution.
A.
Sale to certain persons. No licensee or employee of
the licensee shall sell, serve or deliver, directly or indirectly,
any alcoholic beverages to a habitual drunkard or to an apparently
or actually intoxicated person nor permit the consumption of alcoholic
beverages on any licensed premises by any of the above named classes
of persons or permit any such person to congregate in or about the
licensed premises.
B.
Display of license. Every license certificate shall
be framed under glass and displayed by the licensee in such a manner
and place that it may be seen by anyone entering the licensed premises.
All employee lists in a form prescribed by the Director of the Division
of Alcoholic Beverage Control and a true copy of the application for
the current license as well as the last filed long-form application
(if current application is the short form) shall be kept on the licensed
premises, and said certificate employee list and application copy
shall be available for inspection.
C.
Disturbance and nuisances. No licensee shall permit
or allow any brawl, violent act, unnecessary noise, lewd behavior,
topless or nude dancing and/or entertainment or disturbance to occur
on the licensed premises. Go-go dancing, just as other live entertainment,
cannot involve persons under the age of 18 years and cannot involve
lewd or immoral activity. Such lewd or immoral activity generally
involves the lack of attire or covering on genitals or private parts,
as well as female breasts. See-through garments and the use of pasties
are not considered sufficient covering. Simulation of sexual activity,
even if clothed, is also prohibited. Dancers are not permitted to
touch or be touched by patrons, and this includes the placing of tips
in the costume of the dancer. A dancer also cannot solicit drinks
from patrons. No licensee shall permit or allow the licensed premises
to be used or operated in such a manner as to become a nuisance.
D.
Suitable attire required. No person while in any licensed
premises shall exhibit lewd behavior and/or exhibit personal body
parts.
E.
Dancing limitations. Dancing shall not be permitted
on any licensed premises during hours when the sale, service and consumption
of alcoholic beverages are prohibited.
F.
Teen night. The use of any licensed premises for the
exclusive use of minors, whether or not alcoholic beverages are in
the licensed premises, is prohibited.
G.
Possessing open containers. No retail distribution
licensee shall allow, permit or suffer any alcoholic beverage to be
consumed in or upon the licensed premises, nor shall such licensee
possess or allow, permit or suffer any open containers of alcoholic
beverages in or upon the licensed premises; provided, however, that
opened bottles of alcoholic beverages returned by a customer as allegedly
defective may be so possessed pending return to the manufacturer or
wholesaler; and further provided that the container is immediately
resealed and labeled with the name and address of the customer and
the date of the return by the customer.
H.
Intoxicated worker. No licensee shall work in any
capacity in or upon the licensed premises while actually or apparently
intoxicated or allow, permit or suffer any actually or apparently
intoxicated person to work in any capacity in or upon the licensed
premises.
I.
Closing premises during public emergency or crime
investigation. No licensee shall serve, sell or deliver or allow,
permit or suffer the consumption of any alcoholic beverage on the
licensed premises or allow, permit or suffer the retail licensed premises
to be open during any period for which any duly constituted state,
county or municipal law enforcement authority, because of a public
emergency or investigation or crime or offense, has ordered the licensed
premises to be closed, unless excepted by such authority to permit
continuing conduct of business other than the sale of alcoholic beverages.
J.
Occupancy. All licensed premises are required to display
in a prominent location the total occupancy of said licensed premises
as determined by the City of Long Branch Division of Fire Prevention.
The licensee shall at all times be required to maintain an accurate
occupancy count and is also responsible to ensure compliance with
the occupancy. The Police and/or Fire Departments shall have the right
to close said licensed premises for the enforcement of this provision.
K.
Minor's activities on licensed premises. No licensee
shall allow, permit or suffer any person under the age of 18 years
to sell, serve or solicit the sale of any alcoholic beverage or to
participate in the manufacture, rectification, blending, treating,
fortification, mixing, processing, preparing or bottling of any alcoholic
beverage.
L.
Search of licensed premises. By the acceptance of
the license, the licensee consents to the detention as and for evidence
of any physical matter, including alcoholic beverages found on the
licensed premises or in the possession or custody of the licensee
or his employee during the course of any investigation, inspection
or search of the licensed premises being conducted by any law enforcement
officer.
M.
Hindering investigation. No licensee or employee shall
directly or indirectly fail on demand to produce, exhibit or surrender
to any law enforcement officer who is authorized or empowered to investigate,
inspect or examine, nor shall any licensee or employee directly or
indirectly fail to facilitate or hinder, delay or cause the hindrance
or delay or attempt to hinder, delay or cause the hindrance or delay
of any investigation or inspection of the licensed business or of
the licensed premises or of any search thereof by any law enforcement
officer.
N.
Vending machines. All machines on a licensed premises must be registered as required by Chapter 230, Mercantile Licenses, § 230-2I(3)(a). No gambling devices, including claw machines or rotisseries, where a play can obtain a stuffed animal or similar prize by maneuvering the claw or arm, are permitted on the licensed premises.
A.
Any license issued under this chapter may be suspended
or revoked for violation of any of the provisions of this chapter
or any provision of any applicable statute or any of the rules or
regulations of the State Director of Alcoholic Beverage Control.
B.
Proceedings for suspension or revocation shall be
in accordance with the provisions of N.J.S.A. 33:1-31 by service of
a five-day notice of charges preferred against the licensee and affording
a reasonable opportunity for hearing.
C.
Suspension or revocation of a license shall be in
addition to any other penalty which may be imposed for a violation
of this chapter.
The municipal issuing authority may refuse to
renew an alcoholic beverage license granted pursuant to this chapter
where the premises so licensed has been destroyed or demolished by
intentional, accidental or natural acts and the licensee has failed
to initiate steps for reconstruction of the premises within one year
of the date of the demolition or destruction.
A.
Applications. Applications for social affair permits
may be made to the City Council by organizations operating solely
for civic, religious, educational, charitable, fraternal, social or
recreational purposes, and not for private gain.
B.
Fee. A fee in the sum of $50 per day must accompany
each application for a social affair permit filed by religious, civic
or educational organizations, and $75 for such other organizations,
and must be received at least seven days in advance of the date for
which the permit is requested.
C.
Compliance. All applications for social affair permits, all permits issued and all proceedings under this section shall be in accordance with the acts, rules and regulations referred to in § 103-1 and all other applicable laws of the State of New Jersey or of the United States.
D.
Registration with police. The application for a social
affairs permit shall contain the names, addresses, date of birth and
social security number of all persons who shall sell, solicit the
sale of, mix, process or prepare any alcoholic beverage.
A.
No person shall serve, sell, dispense, drink or consume
any alcoholic beverage on a public street, highway, avenue, alley
or road of the City; or upon any public and quasi-public parking lots
or garages or any other parking facilities in the City; or on any
public grounds, parks, sidewalks, beaches, marine basins, beachfronts
or boardwalks, promenade or quasi-public areas; or in any automobile,
other vehicle or in any other means of transportation on the public
streets, highways, alleys, avenues, grounds, sidewalks, beaches, parks,
marine basins, beachfronts or boardwalks, promenade or quasi-public
areas in the City.
B.
No person shall possess any alcoholic beverage with
intent to violate any subsection of this section.
C.
No owner, agent or employee of any business or mercantile
established licensed under this chapter to sell and distribute alcoholic
beverages, pursuant to N.J.S.A. 33:1-1 et seq., shall suffer or permit
any person to consume any alcoholic beverage as defined under N.J.S.A.
33:1-1 et seq. purchased in said establishment, except for those goods
packaged for home consumption, in any area outside or adjacent to
the licensed premises. Such areas are included, but not limited to,
sidewalks, parking lots, beaches, streets, avenues, parks, beachfronts
or boardwalks, promenade, quasi-public areas or upon any public grounds
located in the City of Long Branch. Nor shall said license holders,
their employees or agents suffer or permit any person to leave an
establishment licensed under this chapter to sell or distribute alcoholic
beverages as defined under N.J.S.A. 33:1-1 et seq. with any unopened
container or closed container not packaged for home consumption, containing
an alcoholic beverage as defined under N.J.S.A. 33:1-1 et seq.
E.
All holders of a liquor license shall post in a prominent
location upon the licensed premises a sign that shall read as follows:
"IT IS UNLAWFUL TO DRINK OR CONSUME ALCOHOLIC BEVERAGES ON PUBLIC
STREETS OR PLACES WITHIN THE CITY OF LONG BRANCH."
A.
Information of employees to Police Department.
(1)
Every person, partnership or corporation holding any plenary retail consumption license or any retail distribution license issued or to be issued in the City shall furnish to the Police Department of the City the name, address, date of birth and social security number of each employee who is required to register with the police in Subsection B. The names, addresses, dates of birth and social security numbers shall be furnished to the Police Department prior to the commencement of such employment. There shall be presented to the City a social security card or other proof of identification as acceptable to the State of New Jersey, Division of Alcoholic Beverage Commission, and set forth in their application forms.
[Amended 11-22-2016 by Ord. No. 26-16]
(2)
Every person, partnership or corporation holding any plenary retail consumption license or any retail distribution license issued or to be issued in the City shall be required to notify employees prior to their employment of their requirement to register with the police in Subsection B.
(3)
Every person, partnership or corporation holding any
plenary retail consumption license or any retail distribution license
issued or to be issued in the City shall not employ any person who
is required to register with the police or Division of Alcoholic Beverage
Control who has failed, neglected or refused to do so.
B.
Registration with police. All persons who shall sell,
solicit the sale of, mix, process or prepare any alcoholic beverage
at or from any bar or establishment selling alcoholic beverages from
the original package or container under a plenary retail assumption
license or a plenary retail distribution license and all persons who
are employed, including persons employed as bouncers, identification
and age checkers, doormen or any other security personnel, shall register
with the Police Department; provided, however, that this subsection
shall not apply to:
[Amended 4-24-2007 by Ord No. 20-07]
(1)
Bus boys or bus girls.
(2)
Entertainers.
(3)
Cooks.
(4)
Kitchen help.
(5)
Other persons performing strictly restaurant-related
functions.
(6)
Any person who individually or as a partnership or
as an officer, director or holder of more than 10% of the stock of
a corporation holding a plenary retail consumption license or any
retail distribution license is required to execute a questionnaire
in a form provided by the Director of the Division of Alcoholic Beverage
Control and maintain such form upon the licensed premises.
(7)
All persons who shall sell, solicit the sale of, process
or prepare any alcoholic beverage at or from the original package
or container under a club license unless such person's employment
exceeds 10 working days in any one calendar year, and/or said person
receives regular recurring monetary remuneration in connection with
said employment, who then shall register with the Police Department.
C.
Application for identification card; fingerprints
and photographs. Said registration with the Police Department shall
be accomplished by completing or furnishing the following:
(1)
An application for an identification card, which application shall
contain such information as the usual specifics of personal identification,
date and place of birth, address and other employment, and such other
information as deemed necessary and proper by the Chief of Police
to aid and assist in proper enforcement of the law.
[Amended 4-24-2018 by Ord. No. 10-18]
(2)
A photograph and a set of fingerprints is to be taken
by the New Jersey State Police authorized vendor (IdentoGO by Morpho
Trust, USA). The fingerprint records shall be submitted to the Federal
Bureau of Investigation and the State of New Jersey Division of State
Police Bureau of Identification for a thorough and complete criminal
history check. An applicant shall pay a fee in accordance with a fee
schedule set by the New Jersey State Police.
[Amended 4-13-2004 by Ord. No. 9-04; 4-24-2018 by Ord. No. 10-18]
(3)
No identification card will be issued to any person
convicted of a crime of moral turpitude.
(4)
No licensee shall employ a person convicted of a crime
of moral turpitude.
(5)
If at any time within the licensed year a holder of an alcoholic
beverage control identification card is found guilty of a crime of
moral turpitude, the Council shall immediately suspend the alcoholic
beverage control card.
[Amended 4-24-2018 by Ord. No. 10-18]
(6)
No person shall be issued a renewal to his/her alcoholic
beverage card if he/she has been convicted of a crime of moral turpitude.
D.
Possession of identification card; temporary receipt.
(1)
Possession of identification card. All persons required to register under Subsection B of this section shall be required to have in their possession, at all times when in or about the licensed premises, an identification card on a form furnished by the Police Department, which shall contain such information as deemed necessary and proper by the Chief of Police to aid and assist in proper enforcement of the law. An owner or licensee shall be required to register and obtain an identification card although such person may not be personally engaged in the sale, mixing, process or preparation of alcoholic beverages.
[Amended 4-24-2018 by Ord. No. 10-18]
(2)
Temporary receipt. Upon registering with the City as required by Subsection B, a temporary receipt will be issued which may be used as a temporary identification card for the purpose of satisfying this section only. This temporary receipt shall expire 60 days upon application. This receipt shall contain the applicant's name, address, date of birth and social security number.
E.
Term of identification card.
(1)
Identification cards shall be valid for two years
from the date of issue thereof.
[Amended 4-24-2018 by Ord. No. 10-18]
(2)
The following fees shall be imposed for the issuance
of each identification card:
(a)
For each original card, the sum of that amount
charged by any state or federal agency for a fingerprint inquiry,
where such an inquiry is permitted by law, which shall be paid by
certified check or money order payable to the agency and a $50 processing
fee.
[Amended 4-24-2018 by Ord. No. 10-18]
(b)
For each renewal of an original card there will be a fee of
$50.
[Amended 4-24-2018 by Ord. No. 10-18]
(c)
For any owner or licensee, the original fee
and renewal fee for the identification card is waived.
F.
Age limits. The following is the minimum ages to be
employed on a licensed premises:
(1)
Bartender, waiter or sales clerk: 18 years.
(2)
Entertainer: 18 years.
(3)
Restaurant/hotel worker (must qualify as a restaurant
as defined): 16 years.
(4)
Stock clerk in distribution license (permits for the
employment of minors under 18 years of age must first be obtained):
15 years.
(5)
Pinsetter (permits for the employment of minors under
18 years of age must first be obtained): 15 years.
(6)
Worker (not selling alcohol) for consumption license,
not a restaurant or hotel (permits for the employment of minors under
18 years of age must first be obtained): 16 years.
[Amended 2-27-2019 by Ord. No. 1-19]
Customers of an unlicensed establishment may
be permitted by the ownership of the establishment to bring and consume
only wine and beer. The establishment may advertise the fact that
beer or wine may be permitted. The establishment can supply glasses,
ice, etc., but may not impose a cover, corkage or service charge.
Also, under no circumstances may spirituous liquors be permitted.
Additionally, the owner may not permit wine or beer to be consumed
during hours in which the sale of these products is prohibited by
ordinance nor allow consumption of beer or wine by persons under the
age of 21 years or by persons who are actually or apparently drunk
or intoxicated.
