CHAPTER 2
ALCOHOLIC BEVERAGES1
SECTION:
Article 1. Activities between Two O’Clock A.M and Six O’Clock A.M
3-2-103: Serving Alcoholic Beverages
3-2-105: Furnishing Drinking Receptacles
ARTICLE 1. ACTIVITIES BETWEEN TWO O’CLOCK A.M. AND SIX O’CLOCK A.M.
3-2-101: DEFINITIONS:
As used in this article, unless the context otherwise clearly indicates: “alcoholic beverage” shall mean and include alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half of one percent (0.5%) or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. [Formerly numbered Section 4-1; renumbered by Ord. No. 3058, eff. 2/21/87.]
3-2-102: MIXING DRINKS:
Every person who, in any room, house, building, or other place, for any valuable consideration, mixes for another person any alcoholic beverage with ginger ale, mineral water, or other ingredient or with a different kind of alcoholic beverage, for consumption on the premises by such other person, between two o’clock (2:00) A.M. and six o’clock (6:00) A.M. of the same day is guilty of a misdemeanor. [Formerly numbered Section 4-2; renumbered by Ord. No. 3058, eff. 2/21/87.]
3-2-103: SERVING ALCOHOLIC BEVERAGES2:
Every person who, in any room, house, building, or other place, for any valuable consideration, between the hours of two o’clock (2:00) A.M. and six o’clock (6:00) A.M. of the same day serves any alcoholic beverage to any person is guilty of a misdemeanor; provided, however, that this section shall not apply to the service of alcoholic beverages as part of the sale thereof. [Formerly numbered Section 4-3; renumbered by Ord. No. 3058, eff. 2/21/87.]
3-2-104: FURNISHING SETUPS:
Every person who, in any room, house, building, or other place, between the hours of two o’clock (2:00) A.M. and six o’clock (6:00) A.M. of the same day, sells, gives away, or delivers any ginger ale, mineral water, or other ingredient to any person who has brought to, or has in their possession in such room, house, building, or other place, an alcoholic beverage, with knowledge at the time that such person intends to mix the ginger ale, mineral water, or other ingredient so sold, given away, or delivered, with the alcoholic beverage so brought or possessed, for consumption by themselves or others, on such premises between the hours of two o’clock (2:00) A.M. and six o’clock (6:00) A.M. of the same day is guilty of a misdemeanor. [Formerly numbered Section 4-4; renumbered by Ord. No. 3058, eff. 2/21/87.]
3-2-105: FURNISHING DRINKING RECEPTACLES:
Every person who, in any room, house, building, or other place, between the hours of two o’clock (2:00) A.M. and six o’clock (6:00) A.M. of the same day, gives, delivers, sells, or furnishes a glass or other receptacle to any person, who has brought to, or has in their possession in, such room, house, building, or other place, an alcoholic beverage, with knowledge at the time that such person intends to use that glass or other receptacle so given, delivered, sold, or furnished, for the purpose of mixing and serving, or mixing, or serving, said alcoholic beverage upon such premises for consumption thereon between the hours of two o’clock (2:00) A.M. and six o’clock (6:00) A.M. of the same day is guilty of a misdemeanor. [Formerly numbered Section 4-5; renumbered by Ord. No. 3058, eff. 2/21/87.]
3-2-106: PUBLIC NUISANCES:
Every room, house, building, or other place in which any violation of this article occurs is a public nuisance and shall be abated as such. [Formerly numbered Section 4-6; renumbered by Ord. No. 3058, eff. 2/21/87.]
3-2-107: ABATEMENT:
Whenever the City Attorney believes that a public nuisance exists because of the violation of this article, they may maintain an action in equity to abate and prevent such nuisance and to perpetually enjoin the person conducting or maintaining the same, and the owner, lessee, or agent of the place in or upon which such nuisance exists from directly or indirectly maintaining or permitting such nuisance. [Formerly numbered Section 4-7; renumbered by Ord. No. 3058, eff. 2/21/87.]
3-2-108: EXEMPTION:
This article shall not apply to any act of a person in their own home or of anyone therein who is a member of their family or a bona fide guest, provided such act is an act of hospitality, and no valuable consideration is received therefor and such home is not a place of public resort. [Formerly numbered Section 4-8; renumbered by Ord. No. 3058, eff. 2/21/87.]
State law reference: As to alcoholic beverage outlets in zoned areas, see Bus. & Prof.C. §§ 23790, 23791. As to prohibition against issuing license contrary to zoning ordinance, see Bus. & Prof.C. § 23790.~Code reference: With regard to the use of alcoholic beverages in entertainment establishments, see Chapter 3, Article 5 of this title.
State law reference: As to hours of sale for alcoholic beverages, see Bus. & Prof.C. §§ 25631, 35633.