Sec. 6-1. Hours of sale; removal of alcoholic beverages from an alcoholic beverages outlet; penalties for violation; definitions.
(a) Hours of sale.
(1) It shall be unlawful for any person, firm or corporation who or which has been issued a permit to sell alcoholic beverages, or any employee, servant or agent or representative of such permittee to sell, serve, offer to sell, give or dispense any alcoholic beverage as defined in section 6-32 or 6-72 between the hours of 2:00 a.m. and 6:00 a.m.
(2) No bars, barrooms, lounges, nightclubs, saloons, restaurants or other types of businesses licensed for retail sale of alcoholic beverages for consumption on the premises shall remain in operation and allow any person, other than an employee of the permittee, to remain on its premises between the hours of 2:00 a.m. and 6:00 a.m.
(3) No holder of a permit for the retail sale of alcoholic beverages not intended for consumption on the premises shall sell or otherwise dispense any alcoholic beverage as defined in this chapter between the hours of 2:00 a.m. and 6:00 a.m.
This section shall not apply to retail sales on the following days: January 1 and on the day Daylight Savings Time changes. Hours on January 1 will be extended to a 3:00 a.m. closing. Hours on the day Daylight Savings Time changes will be extended for one hour.
(b) Removal of alcoholic beverages from an alcoholic beverages outlet; sale of alcoholic beverages to minors.
(1) No holder of a permit for the retail sale of alcoholic beverages intended for consumption on the premises or an employee of such holder shall knowingly permit any individual, whether patron, customer, employee or otherwise, to remove any alcoholic beverage from the premises in a glass container unless as permitted in section 10-37
(2) No person, whether patron, customer, employee or otherwise, shall remove any alcoholic beverages in a glass container from the premises of the holder of a permit for the retail sale of alcoholic beverages for consumption on the premises unless as permitted in section 10-37
(3) Any holder of a permit for the retail sale of alcoholic beverages for consumption on the premises shall post a conspicuous notice inside his premises, as well as by each exit, stating that it is illegal to remove any alcoholic beverages intended for consumption on the premises from the premises in any glass container of any kind and that violators shall be subject to fine and/or imprisonment under city ordinance.
(4) It shall be unlawful for any retailer or wholesaler of alcoholic beverages to have been granted a permit to make any sale of such beverages to any person under the age of 21 years.
(c) Penalties for violation.
(1) Whoever violates any provision of subsection (a) of this section shall be fined on the first offense $200.00; on the second offense $500.00; and upon the third or subsequent offense shall be fined $500.00 plus suffer the revocation of his permit to sell intoxicating, spirituous, vinous or malt liquors.
(2) Whoever violates any provision of subsection (b) of this section, shall be fined not more than $100.00 or imprisoned for not more than 60 days or both.
(3) Provided that, any offense under this section committed more than three years prior to the commission of the crime of which the defendant is being tried shall not be considered in the assessment of penalties hereunder.
(d) Definitions. As used in this section, the following words have the following meanings in addition to any other common meanings:
Alcoholic beverages mean any beverages as defined in section 6-32 or section 6-72.
Premises mean the main building or ancillary buildings of the establishment to which a permit for the retail sale or consumption of alcoholic beverages or beer on the premises has been issued by the city.
(Code 1977, § 3-1; Ord. No. 99-12, § 3-1, 4-20-1999; Ord. No. 2011-02, 1-7-2011)
Editor’s note—
Ord. No. 2011-02, adopted Jan. 7, 2011, changed the title of § 6-1 from “Hours of sale; removal of beverages from outlet; penalties for violation; definitions” to “Hours of sale; removal of alcoholic beverages from an alcoholic beverages outlet; penalties for violation; definitions.”
Cross reference— Definitions generally, § 1-2.
