§ 6-78. Regulations.

(a)

No license holder nor any agent or employee of the licensee shall do any of the following upon the licensed premises:

(1)

Knowingly sell or furnish any minor malt beverages or wine.

(2)

Permit a person under 21 years of age to sell malt beverages or wines.

(3)

Knowingly sell malt beverages or wines to any person while such person is in an intoxicated state.

(4)

Sell malt beverages or wines upon the licensed premises on any day or at any time when such sale or consumption is prohibited.

(5)

Permit on the licensed premises any disorderly conduct or breach of the peace.

(6)

Sell, offer for sale, possess or permit the consumption on the licensed premises of any kind of alcoholic beverages the sale or possession of which is not authorized under the license.

(7)

Sell or offer for sale malt beverages or wines by use of vending machines.

(8)

Receive or allow malt beverages and wines to be delivered to the premises of the licensee by means other than a conveyance owned and operated by a wholesale dealer with a license from the city council to make deliveries in the city. Transportation of malt beverages and wines by any other means shall be grounds for revocation of all licenses concerned.

(9)

Accept delivery of malt beverages or wines from any wholesale dealer unless the wholesale dealer has fully complied with the laws of the state regulating and taxing their sale at wholesale.

(b)

Consumption on the premises licenses shall be issued only to restaurants, and such licenses shall be revoked if gross sales of food products in relation to malt beverage and wine sales fall below the ratio of one-to-one for three consecutive months (a consumption on the premises licensee's food sales equal or exceed the licensee's sales of malt beverages and wines). No licensee under the terms of this division shall offer either free or at a reduced price malt beverages or wine in conjunction with the sale of any food item. Such sales shall be unlawful and cannot be counted in satisfying the sales requirements of this division. On or before November 15 of each year, each applicant for a consumption on the premises license renewal shall furnish to the city clerk for the months of August, September and October of the then current calendar year an affidavit showing the gross sale of food products, excluding sale of malt beverages and wines, the gross sales of malt beverages and wines and the gross sale of other items. This affidavit shall be on a form furnished by the clerk, attached to this affidavit shall be a copy of the state sales and use report for the same period. These reports shall remain confidential. The city manager or the city council at any time during the year may make special requests of any or all licensees under the terms of this division requiring them to submit either audited or unaudited reports, affidavits or such other materials as may be necessary to ensure compliance by the licensee with the terms of this division. These reports may be requested for any month or series of months deemed necessary by the requesting official.

(c)

The hours of sale of malt beverages and wines shall be as follows:

(1)

Mondays through Saturdays from 11:00 a.m. to 12:00 midnight and Sundays from 12:30 p.m. to 12:00 midnight.

(2)

All businesses having a license for the sale of malt beverages and wines for consumption on the premises shall remove or cause to be removed from the area of the premises utilized by customers or patrons all malt beverages and wines within 45 minutes after closing time for the sale of malt beverages and wines.

(3)

The sale and/or consumption of malt beverages and wines on the licensed premises except as provided in this division is prohibited.

(d)

No licensee shall deliver malt beverages and wines other than at the licensed premises.

(e)

All licensees, retail or consumption, shall store malt beverages and wines in their possession only on the premises for which the license was issued.

(f)

The following shall be grounds for the suspension and/or revocation of a malt beverage and wine license, and the existence of such grounds shall be determined by the city council in its sole discretion:

(1)

The violation by the license holder of any state or federal law or regulation, except misdemeanors, or of any resolution of the city other than traffic violations.

(2)

The failure of the license holder or his employee to report promptly to the sheriffs department any violation of law, regulation or city resolution, or breach of the peace, disturbance or altercation occurring on the premises.

(3)

Any conduct on the part of the license holder or his employee contrary to the public welfare, safety, health or morals.

(4)

Operating or conducting the business in a manner contrary to the public welfare, safety, health or morals, or in such manner as to constitute a nuisance.

(5)

The violation of any state or federal law or regulation or municipal ordinance or resolution pertaining to alcoholic and malt beverages and wines.

(6)

Permitting a person in the business who:

a.

Had a license to sell malt beverages, wine or alcoholic beverages revoked by any jurisdiction for violation of its laws or rules within a period of five years immediately preceding the filing of an application for a permit under this division;

b.

Been convicted of or pled guilty to a felony or any crime involving moral turpitude; or

c.

Violated the provisions of this division or any law of the United States, or any law of this state or any other state pertaining to the sale of malt beverages, wine or alcoholic beverages.

(g)

Holders of a license from the city authorizing the sale of alcoholic beverages shall comply with the following special regulations:

(1)

It shall be a violation not to require and properly check identification to ensure that an underage person is not sold, served or has in his possession alcoholic beverages while in a licensed establishment. Identification in this section shall mean any document issued by a governmental agency containing a description of the person and such person's photograph; giving such person's date of birth; and including, without being limited to, a passport, military ID card, driver's license or state department of public safety ID card.

(2)

It shall be prohibited for customers to leave the premises of any licensee with opened alcoholic beverages, and it is the licensee's responsibility to ensure that no opened beverages are sold and carried out.

(3)

It shall be prohibited for the manager or any employee to allow persons to gather outside an alcoholic beverage establishment and consume alcoholic beverages.

(h)

Persons within the city shall comply with the following specific regulations regarding the purchase, sale and use of alcoholic beverages:

(1)

No person under the age of 21 years of age shall purchase or knowingly possess any alcoholic beverage.

(2)

No person under the age of 21 years of age shall attempt to purchase any alcoholic beverage or misrepresent his age in any manner whatsoever in attempting to purchase alcoholic beverages.

(3)

It is prohibited for customers to gather outside an alcoholic establishment and consume alcoholic beverages.

( Ord. No. 041816 , § 1, 4-18-2016)