No person, except wholesalers and manufacturers
to the extent authorized by law, shall deal in, or dispose of, by
gift, sale or otherwise, or keep or offer for sale any nonintoxicating
malt liquor in the City of Breckenridge without first having obtained
a license as hereinafter provided.
Every application for license to sell nonintoxicating
malt liquor shall be made on a form supplied by the City and shall
state the name of the applicant, age, place of residence, citizenship
and whether the application is for on-sale or off-sale licenses, or
both. The application shall also state the location of the place where
the applicant wishes to conduct the business and whether the applicant
is the owner or operator of the business. The application may also
require the disclosure of any other information which the City Council
may require.
No license shall be granted unless the license
fee has been paid in full. All licenses except temporary licenses
shall expire on the last day in June of each year. A club or charitable,
religious or nonprofit organization may be issued a temporary on-sale
license for sale of nonintoxicating malt liquor on and off school
grounds and in and out of school houses and school buildings. Such
temporary licenses shall be granted for such length of time as the
Council may determine. Except for temporary licenses, each license
shall be issued for a period of one year. However, if a portion of
the license year has elapsed when the application is made, a license
may be issued for the remainder of the year for a pro rata fee. In
computing such fee, any unexpired fraction of a month shall be counted
as one month.
The fee for an on-sale license, for an off-sale license and for a temporary license shall be as provided in Chapter 86, Fees.
In case, during the term of any off-sale or
on-sale nonintoxicating malt liquor license, the place of business
of any licensee shall be destroyed or so damaged by fire or otherwise,
that the licensee shall cease to carry on the licensed business, or
in case the business of the licensee shall cease for reason of the
licensee's illness or death, or it shall become unlawful for the licensee
to carry on the licensed business under the license, except when such
license is revoked, or in the event the right of the licensee to carry
on the business on the licensed premises is terminated because of
the expiration of the lease, the City Council may, upon the happening
of any such event, refund to the licensee, or to his or her estate,
any such part of the license fee paid by the licensee as corresponds
to the time such license has yet to run. In case of death of any licensee
of any off-sale or on-sale nonintoxicating malt beverages, the licensee's
personal representative is hereby authorized to continue operation
of said business for not more than 90 days after the death of such
licensee.
Each license shall be issued to the applicant
only. Each license shall be issued only for the premises described
in the application. No license may be transferred to another person
or to another place without the approval of the City Council.
No licensee who is not also licensed to sell
intoxicating liquors shall sell or permit the consumption or display
of intoxicating liquors on the licensed premises or serve any liquid
for the purpose of mixing with intoxicating liquor. The presence of
intoxicating liquors on the premises of such licensee shall be prima
facie evidence of the possession of intoxicating liquors for the purposes
of sale, and the serving of any liquid for the purposes of mixing
with intoxicating liquor shall be prima facie evidence that intoxicating
liquor is being permitted to be consumed or displayed contrary to
the provisions of this chapter.
[Amended 9-24-1984 by Ord. No. 388]
No sale of nonintoxicating malt liquor shall
be made between the hours of 1:00 a.m. and 8:00 a.m. at any weekday,
Monday through Saturday, inclusive. Neither shall any sale of such
liquor be made on any Sunday between the hours of 1:00 a.m. and 12:00
noon.
[Added 4-5-2004 by Ord. No. 453]
No patrons of on-sale license holders shall remain on the licensed
premises after 1:20 a.m., and, in any event, no persons except bona
fide employees actively engaged in a cleanup operation for the premises
or janitorial service shall remain on the licensed premises after
2:00 a.m. No person, including employees of the licensed premises
or of the cleaning service, shall consume any intoxicating liquor
or nonintoxicating malt liquor on the licensed premises after 1:10
a.m., until the licensed premises can next properly be opened for
business. Any unconsumed intoxicating liquor or nonintoxicating malt
liquor remaining on the premises, other than that necessary for inventory
purposes, shall be disposed of at 1:10 a.m. No unconsumed intoxicating
liquor or nonintoxicating malt liquor shall be removed from the premises
for consumption at a different place by any employee or patron.
[Added 4-5-2004 by Ord. No. 453]
No patrons of on-sale license holders shall remain on the licensed
premises after 2:20 a.m., and, in any event, no persons except bona
fide employees actively engaged in a cleanup operation for the premises
or janitorial service shall remain on the licensed premises after
3:00 a.m. No person, including employees of the licensed premises
or of the cleaning service, shall consume any intoxicating liquor
or nonintoxicating malt liquor on the licensed premises after 2:10
a.m., until the licensed premises can next properly be opened for
business. Any unconsumed intoxicating liquor or nonintoxicating malt
liquor remaining on the premises, other than that necessary for inventory
purposes, shall be disposed of at 2:10 a.m. No unconsumed intoxicating
liquor or nonintoxicating malt liquor shall be removed from the premises
for consumption at a different place by any employee or patron.
[Added 4-5-2004 by Ord. No. 453]
No transfer of a nonintoxicating malt liquor licensee shall be approved unless a transfer as provided in Chapter 86, Fees, is paid by the persons applying for such transfer, and no nonintoxicating malt liquor license shall be transferred after such license has been in existence for six months.
