Sec. 3-5. – Building, location, zoning and parking requirements.

(a)   Building requirements.

(1)   Failure to acquire and maintain a valid health permit for any premises licensed under this chapter or violation of or noncompliance with any applicable fire prevention, building, plumbing, electrical, heating and air conditioning codes shall be cause for denial, revocation or suspension of any permit or license hereunder. Reinstatement of any such license, application or permit shall not be considered by the council until same receives notification from the proper authority that said violation or noncompliance has been corrected. In the case of new construction of a proposed licensed location, a certificate of occupancy shall be required before final issuance of a license or permit.

(2)   In the event that premises licensed hereunder are destroyed by fire or any natural disaster or act of God, the licensee shall be permitted a reasonable time within which to reconstruct the licensed premises, but in no event longer than twenty-four (24) months, unless further extended by the council.

(b)   Location. No license or permit shall be granted hereunder to any applicant when the property upon which the business is to be conducted is within a radius of three hundred (300) feet of any property used exclusively as a regular church or synagogue, public library, school or orphan’s home (except a school for business education conducted as a business college or school and except a state college or university), or within a radius of three hundred (300) feet of a public playground or park, which three-hundred-foot minimum distance is measured as a person walks using the sidewalk from the nearest point of the property line of the church, synagogue, public library, public playground, park, or school to the nearest point of the property line of the premises to be licensed, except that:

(1)   The provisions of this subsection shall not apply to premises which are maintained as a bona fide hotel, wholesale dealer, railway car or fraternal organization.

(2)   This subsection (b) shall not apply to any premises which currently holds a license to deal in alcoholic beverages, as defined by this chapter, and which held that license at the time of the creation of any of the structures of institutions listed in this subpart. The governing authority may continue to grant permits to sell alcoholic beverages at these existing locations, even if they are within the prohibited three-hundred-foot radius if such place of business was in existence and operation at the time of the creation or construction of the listed structures or institutions and has not been continuously closed for operation for a period of time in excess of six (6) months.

(3)   The provisions of this subsection (b) shall not apply if the applicant for the permit obtains the approval of three-fourths of those required to give approval by signature as provided in this chapter and as certified by the civil engineer designated by the mayor.

(Ord. No. 92-01, 1-7-92; Ord. No. 92-03, 1-21-92; Ord. No. 95-04, 2-7-95)

Sec. 3-6. – Hours of operation.

(a)   The hours of operation for all class A, B and R license holders shall be from 5:00 a.m. daily until 2:00 a.m. for the following day for each and every day of operation. It shall be a criminal offense, as well as a violation of this chapter, for any holder of such a retail dealer’s license/permit issued under this chapter, or a servant, agent or employee of same, to dispense, in any manner, alcoholic beverages between the hours of 2:00 a.m. and 5:00 a.m. of any day.

(b)   (1)   All stores, shops, saloons or any other place of business licensed under this chapter shall be closed continuously during the designated closing times listed in the preceding paragraph of this section. During the prohibited periods, no open containers, glasses, bottles, cans or other containers holding alcoholic beverages shall be allowed anywhere on the licensed premises or property, except in a locked cabinet or cupboard; provided, that those businesses maintaining separate rooms for the conduct of business of dealing in alcoholic beverages may securely close and lock said separate rooms. Proof of the finding of any open container holding alcoholic beverages at any other place in the licensed premises during the prohibited periods shall result in a presumption that some of the contents of the container were consumed on the licensed premises on the date found and during the prohibited period and shall further result in a presumption that the contents of the container were sold by the license/permit holder, his manager, agent, servant or employee on the date found.

(2)   The term “open container,” as used in this section, shall include, but not be restricted to, any vessel or container of alcoholic beverages which is open in any manner that would permit the contents to be consumed or poured or any container upon which the seal has been broken and the contents exposed to the air. The term “closed,” as used in this section or elsewhere in this chapter, shall mean that the entire licensed building shall be locked, that all lights shall be out, that no person shall be inside of said premises and that no dispensing or consumption of any alcoholic beverages shall take place on the subject property.

(Ord. No. 86-07, 10-21-86; Ord. No. 87-05, 3-17-87; Ord. No. 91-13, 10-1-91; Ord. No. 05-05, 11-1-05)