Sec. 5-3. – Closing hours.
(a) Between the hours of 12:00 midnight on Saturday and 12:00 noon on Sunday, or between the hours of 12:00 midnight and 6:00 a.m. the following morning, Sunday through Friday, it shall be unlawful for any retail dealer which is a restaurant establishment to sell, offer to sell, dispense or give away any beverages of either low or high alcoholic content within the city, except that the lawful hours shall be extended to 2:00 a.m. on January 1 (New Year’s Day) of each calendar year only.
(b) Between the hours of 12:00 midnight on Saturday and 6:00 a.m. on the following Monday, or between the hours of 12:00 midnight and 6:00 a.m. the following morning, Monday through Friday, it shall be unlawful for any retail dealer other than a restaurant establishment to sell, offer to sell, dispense or give away any beverages of either low or high alcoholic content within the city.
(c) If the sale of low or high alcoholic content beverages and/or admission or cover charges to the facility constitutes a majority of the gross receipts of any retail dealer, then at the hours set forth in this section, the business establishment shall be closed and the dealer shall cause the customers and patrons to leave the premises not later than 12:15 a.m., and shall securely lock all of the entrance doors to the building or other facilities where the high or low alcoholic beverages are sold or dispensed.
(Ord. No. 1395, § 1, 12-17-2002; Ord. No. 1621, § 2, 12-5-2011)
Sec. 5-5. – Bottle club, private club; definitions; hours; prohibited acts.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Bottle club means any establishment in which the owner/operator or his employee does not sell, serve, handle, dispense or store alcoholic beverages, but patrons are allowed to consume alcoholic beverages on the premises either from the patron’s own store, stock or supplies of alcoholic beverages or from any other source, and the establishment’s main business transactions (admission fees) are related to alcoholic beverages.
Private club means an organization with limited and restricted membership which either:
(1) Is nonprofit in nature and classified as exempt from the payment of state and federal income tax; or
(2) Charges members dues or other charges for membership of at least $50.00 per month; requires that the dues of any member must be fully paid in order to be a member; and exists for a fraternal, educational or social purpose.
(b) Bottle clubs; prohibitions.
(1) It shall be unlawful for any bottle club to permit or admit any member of the public into such establishment, or part thereof, between the hours of 12:00 midnight on Sunday until 6:00 a.m. the following Monday.
(2) The owner/operator of any bottle club shall remove all patrons and members of the public from the premises by 12:01 a.m., and all doors to such premises shall be locked and closed and the establishment shall not be reopened until after 6:00 a.m. the following morning. The owner/operator and his employees or agents may enter the closed premises for the purpose of cleaning, taking stock or other work within the establishment.
(3) It shall be unlawful for any bottle club to permit members of the public to remain in the parking lot of such establishment for more than 30 minutes after the closing of such establishment.
(c) Private clubs. Private clubs and/or individuals who allow nonmember, general public entry; alcoholic consumption on the premises; and charge a fee or something of value for entry to such establishment shall be subject to the same operating guidelines for bottle clubs as specified in subsection (b) of this section.
(Ord. No. 1395, § 1, 12-17-2002)
Cross reference— Definitions generally, § 1-2.
