TITLE 5. BUSINESS TAXES, LICENSES AND REGULATIONSTITLE 5. BUSINESS TAXES, LICENSES AND REGULATIONS\Chapter 5.10 ALCOHOLIC LIQUOR – SALES BY CATERERS

As used in this chapter, the words and phrases defined in this section shall have the following meanings, unless the context otherwise requires:

A.    “Alcoholic liquor” means alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by a human being, but shall not include cereal malt beverage.

B.    “Caterer” means an individual, partnership or corporation which sells alcoholic liquor by the individual drink, and provides services related to the serving thereof on unlicensed premises which may be open to the public, but does not include a holder of a temporary permit selling alcoholic liquor in accordance with the terms of such permit.

C.    “Licensee” is a person, as defined in this section, who has a license as herein required.

D.    “Person” means and includes individuals, firms, copartnerships, corporations and associations.

(Ord. 718 § 1, 1987)

It is unlawful for any person licensed by the state as a caterer to sell alcoholic liquor by the drink, or sell or serve any liquor by the drink within the city, without obtaining a local caterer’s license from the city clerk.

(Ord. 718 § 2, 1987)

A.    There is levied an annual license fee in the amount of one hundred dollars of each caterer doing business in the city who has a caterer’s license issued by the State Director of Alcoholic Beverage Control, which fee shall be paid before business is begun under an original state license and within five days after any renewal of a state license.

B.    All applications for new or renewal city licenses shall be submitted to the city clerk. Upon presentation of a state license, payment of the city license fee and the license application, the city clerk shall issue a city license for the period covered by the state license, if there are no conflicts with any zoning or alcoholic beverage ordinances of the city.

C.    The license period shall extend for the period covered by the state license. No license fee shall be refunded for any reason.

D.    Every licensee shall cause the caterer license to be placed in plain view on any premises within the city where the caterer is serving or mixing alcoholic liquor for consumption on the premises.

(Ord. 718 § 3, 1987)

A.    No alcoholic liquor shall be sold or served by a person holding a license or permit from the city whose place of business or other premises are located within two hundred feet of any church, school, nursing home, library and hospital, such distance to be measured from the nearest property line of such church, school, nursing home, library and hospital, to the nearest portion of the building occupied by the premises.

B.    The distance location of subsection A above shall not apply to a club, drinking establishment, caterer or temporary permit holder when the license or permit applicant petitions for and receives a waiver of the distance limitation from the governing body. The governing body shall grant such a waiver only following public notice and hearing and a finding by the governing body that the proximity of the establishment is not adverse to the public welfare or safety.

C.    No license or permit shall be issued for the sale of alcoholic liquor if the building or use does not meet the zoning ordinance requirements of the city, or conflicts with other city laws, including building and health codes.

(Ord. 718 § 4, 1987)

Prior to any event at which a caterer will sell or serve alcoholic liquor by the individual drink, the caterer shall provide written notice to the chief of police at least seven days prior to the event, if the event will take place within the city. The notice shall contain the location, name of the group sponsoring the event, and the exact date and times the caterer will be serving.

(Ord. 718 § 8, 1987)

No caterer licensed under this chapter shall allow the serving, mixing or consumption of alcoholic liquor between the hours of two a.m. and six a.m. on any day.

(Ord. 718 § 7 (a), 1987)

No alcoholic beverages or cereal malt beverages shall be given, sold or traded to any person under twenty-one years of age.

(Ord. 718 § 7 (b), 1987)

A.    It is unlawful for any person under the age of twenty-one years to remain on any premises where the sale of alcoholic liquor is licensed for on-premises consumption, or where a caterer or temporary permit holder is serving alcoholic liquor.

B.    It is unlawful for the operator, person in charge or licensee of any premises licensed for on-premises consumption of alcoholic liquor, or a caterer or temporary permit holder who is serving alcoholic liquor to permit any person under the age of twenty-one years to remain on the premises.

C.    This section shall not apply if the person under the age of twenty-one years is accompanied by his or her parent or guardian, or if the licensed or permitted premises derives not more than fifty percent of its gross receipts in each calendar year from the sale of alcoholic liquor for on-premises consumption.

(Ord. 718 § 5, 1987)

No person shall drink or consume any alcoholic liquor on city-owned property.

(Ord. 718 § 6, 1987)

If the licensee has violated any of the provisions of this chapter, the governing body of the city, upon five days’ written notice to the person holding such caterer’s license to sell alcoholic liquor, may permanently revoke or cause to be suspended for a period of not more than thirty days such license, and the individual holding the license may be charged in municipal court with a violation of the alcoholic liquor laws of the city and upon conviction shall be punished by:

A.    A fine of not more than four hundred ninety-nine dollars; or

B.    Imprisonment in jail for not more than one hundred seventy-nine days; or

C.    Both such fine and imprisonment, not to exceed subsections A and B above.

(Ord. 718 § 9, 1987)