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Chapter 5.08
ALCOHOLIC BEVERAGESSections:
5.08.010 Defined.
5.08.020 Closing hours.
5.08.030 Bringing liquor to licensed premises – Leaving partial containers.
5.08.040 Maintenance of order.
5.08.050 Liquor handler permit – Required.
5.08.060 Liquor handler permit – Issuance – Revocation.
5.08.070 Liquor handler permit – Cost.
5.08.080 Sunday and holiday sales.
5.08.090 Election day sales.
5.08.100 Minors.
5.08.110 Permitting violation.
5.08.120 Inspection of premises.
5.08.130 Violation – Penalty.
5.08.010 Defined.
For the purpose of this chapter, “intoxicating liquors” and/or “alcoholic beverages” mean all spirituous, vinous, salt and other fermented and/or distilled liquors intended, or used, for human consumption and containing more than one (1) percent alcohol by volume. [Prior code § 6.08.010.]
5.08.020 Closing hours.
No person shall consume, sell, offer for sale, give, furnish, or deliver from an authorized licensee, any intoxicating liquor by the drink on any licensed premises between the hours of 12:00 midnight and 12:00 noon each day, except on those days when the licensed establishment is required to be closed for the entire day by this chapter or any other law. The package liquor store shall close at 6:30 p.m. [Prior code § 6.08.020.]
5.08.030 Bringing liquor to licensed premises – Leaving partial containers.
A. No person shall have in his immediate possession on a licensed premises any container which contains any alcoholic beverage which was not furnished to him by the licensee, or his agent or employee, of that premises.
B. No person shall exit from a licensed premises, or a licensed building or enclosure, if there is any open or partially empty container which contains any alcoholic beverage which was furnished to him by the licensee, or his agent or employee. [Prior code § 6.08.030.]
5.08.040 Maintenance of order.
Each licensed premises, except private clubs, shall employ at least one (1) person, licensed as required in BMC 5.08.050, who shall be on duty between 8:00 p.m. and the closing hour of the licensed premises. This person shall not be the bartender on duty, manager, owner or co-owner of the establishment and shall be on duty for the express purpose of maintaining order within the establishment and assuring compliance, by the clientele, with the provisions of this chapter. [Prior code § 6.08.050.]
5.08.050 Liquor handler permit – Required.
No person in the employment of any retail liquor outlet in the city dispensing liquor to the public shall remain in that employment or handle intoxicating liquors unless such person is in possession of a liquor handler’s permit. Such permit shall be immediately available to the permittee during all working hours for the licensee, and shall be displayed to any peace officer upon demand of the officer. [Prior code § 6.08.040.]
5.08.060 Liquor handler permit – Issuance – Revocation.
All liquor handler permits shall be prepared and issued by the city clerk. These permits issued under BMC 5.08.050 shall be marked with the word “Security” in addition to all other present wording and shall be issued only after approval of the chief of police. All permits issued under this chapter may be cancelled, suspended, or revoked, for cause, at any time by the chief of police. All such cancelled, suspended, or revoked permittees shall have the right to appeal to the city council within twenty-one (21) days of the decision by the chief of police. [Prior code § 6.08.060.]
5.08.070 Liquor handler permit – Cost.
The cost of each permit issued under this chapter shall be twenty-five dollars ($25) except that those permits issued to waitresses shall be ten dollars ($10). [Prior code § 6.08.070.]
5.08.080 Sunday and holiday sales.
A. No person may consume, sell, offer for sale, give, furnish or deliver, from an authorized licensee, any intoxicating liquor on any licensed premises on any Sunday, or on the following holidays:
1. New Year’s Day (January first (1st));
2. Lincoln’s Birthday;
3. Washington’s Birthday;
4. Memorial Day;
5. Independence Day (July Fourth (4th));
6. Labor Day (first (1st) Monday in September);
7. Thanksgiving Day (fourth (4th) Thursday in November);
8. Christmas Day (December twenty-fifth (25th)).
B. For the purpose of this chapter, the holidays set out in subsection A of this section shall be observed according to the federal designation for their observation. For the purpose of determining Sundays and holidays as prescribed in this section, they shall commence at the closing hour of the business hours for the preceding day and shall terminate at the opening hour of the day following the Sunday or holiday. [Prior code § 6.08.080.]
5.08.090 Election day sales.
It is unlawful to give, barter, sell, or in any licensed premises to dispose of, any intoxicating liquor upon a day upon which a general, special or primary election is held in the state at large, until the polls have closed, or to so dispose of liquor in the city when an election is being held therein until the polls are closed. [Prior code § 6.08.090.]
5.08.100 Minors.
No person shall give, barter, sell, furnish or deliver any intoxicating liquor to any intoxicated person or to any minor. [Prior code § 6.08.100.]
5.08.110 Permitting violation.
It is unlawful for the owner of any licensed premises or any other person to direct, request, cause, or permit any violation of this chapter. [Prior code § 6.08.110.]
5.08.120 Inspection of premises.
The premises of licensees authorized to sell or distribute intoxicating liquor shall be easily accessible for inspection by peace officers during all regular hours of the transaction of business upon the premises, and at any other time with reasonable notice by the officer. [Prior code § 6.08.120.]
5.08.130 Violation – Penalty.
Any person, firm, or corporation convicted of a violation of any provision of this chapter shall be punished pursuant to Chapter 1.08 BMC. [Prior code § 6.08.140.]
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