Walker

Sec. 3-4. Possession or consumption on streets, sidewalks, other public property.

(a)   Generally. The drinking of any intoxicating liquor or any fermented malt beverage or the possession of any open container which contains an intoxicating liquor or fermented malt beverage is prohibited in the following places:

(1)   On any street, roadway, boulevard, alley, parking lot or sidewalk in the town.

(2)   On any grounds owned by or under the control of the town or of a public school district within the town.

(b)   Issuance of citations; arrest. Before issuing a citation for a violation of this section, any police officer may give an oral warning, or issue a written warning ticket. If the person or persons receiving the oral warning or written warning ticket do not discontinue the violation, a citation for law violation shall be issued to the violator. If it appears necessary to make an arrest to preserve the public peace, a police officer may make an arrest for violation of this section, with or without a previous oral warning or warning ticket.

(c)   Posting of signs in parks. Signs shall be posted and notices shall be placed on bulletin boards in the parks stating substantially as follows: “No alcoholic beverage or 3.2 beer may be brought into this park or consumed in this park. Town ordinance enforced.” These signs shall be placed in locations to be visible on entering the park but, when possible, to be conspicuous to persons in the park.

(d)   Penalty. Any person, firm, or corporation violating any provision of this section shall be fined not less than five dollars ($5.00) nor more than five hundred dollars ($500.00) and/or confined for thirty (30) days in jail for each offense.

(Ord. No. 10-2010-05, Att. A, 10-11-10)

Sec. 3-8. Required; fees; qualifications.

(a)   Licenses required. Any person, firm, corporation or association of person who, as a business or as a means of employment, manufactures, blends, rectifies, distills, processes, imports, stores, uses, handles, holds, sells, offers for sale, solicits orders for the sale of, distributes, delivers, serves or transports any beer, porter, ale, fruit juices, wine, or spirituous beverages of an alcoholic content not exceeding that now or hereafter permitted by law, but greater than one-half (½) of one percent of alcohol by volume, or, any malt, vinous, spirituous, alcoholic or intoxicating liquors containing more than six (6) percent of alcohol by volume, within the limits of the town, shall be deemed a retail dealer, or a classified employee, as the case may be, for all purposes of this chapter. All such person must hold all applicable local and state permits, pursuant to R.S. tit. 26 and the wine, beer and liquor ordinance.

(1)   Establishment operated as a retail dealer. Any person, firm, corporation, or association of persons, who conducts an establishment as a business where any of the beverages mentioned in subsection (a) above are stored, used, consumed, handled, sold, given away or otherwise disposed of, shall be considered as conducting such establishment as a retail dealer for all purposes of this chapter, and shall pay the same license tax as that required of a retail dealer selling for use or consumption on or off the licensed premises.

(2)   Classified employee license required. Any person employed or used in a Class A or R licensed retail business who, as a function of their duties, dispense, sell or serve any alcoholic beverages as described in subsection (a) above shall be required to be licensed. Persons required to hold permits under this section shall be referred to as classified employees and that classification, as used in this section, shall include, but not be restricted to mean bartenders, barmaids, waiters, waitresses, cocktail waiters, cocktail waitresses shall not except that this subsection shall not apply to a person holding a dealer’s license, or to a person holding a waiter/waitresses alcoholic beverage permit as described in this section.

1. Retail clerk license required. Any person employed or used in a Class B licensed retail business who, as a function of their duties, dispenses, sells or serves any alcoholic beverages as described in subsection (a) above. Persons required to hold permits under this section shall be referred to as retail clerks and that classification, as used in this section, shall include, but not be restricted to mean managers, sales clerks, retail clerks, and check-out counter clerks.
2. Waiter/waitress license required. Any person employed or used in a Class A or R licensed retail business whose primary function is to take orders for and serve food and food items and who also takes orders or serves alcoholic beverages in conjunction with the serving of those meals.

(3)   Manager, bouncer, doorman and disc jockey required to obtain classified employee license. Any person employed in any retail business described herein as a manager, disc jockey, door man, or “bouncer” shall also be subject to licensing under this article as a classified employee.

(b)   Fee schedule.

(1)   Class A (Beer). Permits the retail dealer to sell beer, porter, ale, fruit juices, or wine containing not more than six (6) percent alcohol by volume as described in [subsection (a)] for consumption on the licensed premises at an annual permit fee of seventy-five dollars (.00).

(2)   Class A (Liquor). Permits the retail dealer to sell any malt, vinous, spirituous, alcoholic or intoxicating liquors containing more than six (6) percent alcohol by volume as described in subsection (a) for consumption on the licensed premises at an annual excise or license tax of five hundred dollars (0.00).

(3)   Class (A) Beer Caterer. Permits the retail dealer to sell beer, porter, ale, fruit juice, or wine containing not more than six (6) percent alcohol by volume as described in [subsection (a)] for consumption off of the licensed premises at a catered function at an annual permit fee of seventy-five dollars (.00).

(4)   Class (A) Liquor Caterer. Permits the retail dealer to sell any malt, vinous, spirituous, alcoholic or intoxicating liquors containing more than six (6) percent alcohol by volume as described in [subsection (a)] for consumption off of the license premises at catered functions at an annual excise or license tax of five hundred dollars (0.00).

(5)   Class B (Beer). Permits the retail dealer to sell any beer, porter, ale, fruit juices or wine containing not more than six (6) percent alcohol by volume as described in subsection (a) only for use or consumption off the licensed property at an annual permit fee of sixty dollars (.00).

(6)   Class B (Liquor). Permits the retail dealer to sell any malt, vinous, spirituous, alcoholic or intoxicating liquors containing more than six (6) percent alcohol by volume as described in subsection (a) only for use or consumption off the licensed property at an annual excise or license tax of five hundred dollars (0.00).

(7)   Class R (Beer and/or Liquor). Permits a restaurant as defined within this chapter, who is also the holder of a Class A beer and/or liquor license, privileges as may be set forth in this chapter after payment of an annual permit fee of eighty-five dollars (.00).

(8)   Restaurant after hours permit (R.A.H. permit). Permits a restaurant as defined within this chapter, who is also the holder of a Class A beer and/or liquor license, privileges as may be set forth in this chapter who operates under the same restrictions as a state AR permit holder after payment of an annual permit fee of fifty dollars (.00).

(9)   After hours work permit. Permits the retail dealer privileges as may be set forth by this chapter who operates under the same restrictions as a state AR permit holder after payment of an annual permit fee of fifty dollars ($50.00).

(10) Classified employees. Permits persons who meet certain requirements as set forth is this chapter to be employed in Class A and R licensed businesses after payment of a twenty-five dollar ($25.00) fee for issuance of a two-year permit.

(11) Waiter/waitresses. Permits persons who meet certain requirements as set forth in this chapter to be employed in Class A or R licensed businesses after payment of a twenty-five dollar (.00) fee for issuance for the duration of employment in that particular corporation, company or association, with the twenty-five dollar (.00) fee to be recharged if the waiter/waitress who holds a waiter/waitress alcoholic beverage permit changes position of employment to another corporation, company or association.

(12) Retail clerks. Permits persons who meet certain requirements as set forth in this chapter to be employed in Class B licensed businesses after payment of a twenty-five dollar (.00) fee for issuance of the duration of employment in that particular corporation, company or association with the twenty-five dollar (.00) fee to be recharged if the retail clerk who holds a retail clerk alcoholic beverage permit changes position of employment to another corporation, company or association.

Classified employees, waiter/waitresses and retail clerks shall annually, in January, submit a notarized application to the City of Walker with an updated background check from the Livingston Parish Sheriff’s Office. The City of Walker shall charge no fee for filing the yearly notarized application, however the applicant will be responsible for the costs associated with the background check with the Livingston Parish Sheriff’s Office. The mayor and/or his designee may waive the above requirement at his discretion.

The fee for all duplicate licenses and permits shall be ten dollars ($10.00). This shall include name changes, lost, stolen or damaged licenses and shall apply to individuals and businesses.

All licenses and permits shall be displayed on the premises and it shall be the responsibility of the owner and/or manager of a licensed business to have available for inspection, all permits of classified employees and retail clerks upon commencement and for the duration of their employment.

(c)   Qualifications for applicants and businesses. Each applicant for Class A, B and R beer or liquor licenses and/or permits shall meet the following requirements:

(1)   Is a person of good character, reputation and over eighteen (18) years of age.

(2)   Is a citizen of the United States and of the state, and a resident of the state continuously for a period of not less than two (2) years preceding the date of the filing of the application. The requirements as to citizenship and residence do not apply to officers, directors, and stockholders of corporations applying for retail permits only. The corporation shall be either organized under the laws of the state or qualified to do business within the state.

(3)   Is the owner of the premises or has a bona fide notarized written lease.

(4)   Has not been convicted of a felony or has pending felony charges under the laws of the United States, the state, or any other state or country, unless the applicant has been pardoned, or, if the applicant is a firm, association, partnership, trust, domestic or foreign corporation, or other legal entity, the applicant has terminated its relationship with the person or persons whose action directly contributed to the applicant’s conviction. A conviction or plea of guilty or nolo contendere by the applicant shall not constitute an automatic disqualification of the applicant if the felony for which the applicant was convicted is not a crime of violence as defined in R.S. 14:2(B) and ten (10) years or more have elapsed between the date of application and the successful completion of any sentence, deferred adjudication, or period of probation or parole and the final discharge of the defendant.

(5)   Has not been adjudged by a board or convicted by a court in this or in any other state or by the United States or any other country of soliciting for prostitution, gambling, letting of premises for gambling, contributing to the delinquency of juveniles, keeping a disorderly place, or illegally distributing or intent thereof in controlled dangerous substances as defined in Louisiana Revised Statutes.

(6)   a.     Has not had any authorized license or permit connected with alcoholic beverages revoked.

1. Has not had a judgment of court rendered against him involving alcoholic beverages, by this political subdivision, or this state or any other state, or by the United States, for two (2) years prior to the application.

(7)   Has not been adjudged by any board or convicted by a court of violating any provisions of R.S. tit. 26

(8)   Has not been adjudged by any board or convicted of violating any municipal or parish ordinances adopted pursuant to the provisions of R.S. 26:494.

(9)   Has not had any certificate, permit or license to dispense alcoholic beverages as described anywhere in this chapter, issued by any other parish, municipality, or state, suspended or revoked, or had the application denied. If the applicant has been so adjudged, the granting of any certificate, permit or license or of a renewal is within the discretion of the board.

(10) Is not the spouse of a person whose application has been denied or whose permit has been revoked, unless judicially separated or divorced; provided that in such cases that age of the ineligible spouse shall be immaterial.

(11) That granting of an application in no way contradicts the purpose and intent of any provision of this chapter.

(d)   Class R permit (restaurant) criteria. Each applicant for a Class R (restaurant) permit shall, in addition to holding a Class A beer and/or liquor license/permit, meet the following criteria:

(1)   Must operate a place of business whose primary purpose is to prepare meals to the general public for consumption on premises.

(2)   Must serve food on all days of operation.

(3)   Must file a copy of the applicant’s menu together with the application, both new and renewal.

(4)   Must furnish an affidavit from the local health department showing compliance with all applicable health and sanitary requirements with new applications.

(5)   Must gross fifty (50) percent of their monthly revenue from the sale of food, food items and nonalcoholic beverages.

(6)   Must maintain separate sales figures for alcoholic beverages.

(7)   All applications for Class R permits, whether new or renewal, shall be in writing, sworn to in front of a notary public, and shall contain the full name of the applicant along with a complete description and correct address of the premises in which the restaurant is located.

(8)   Operate a bona fide restaurant by having a fully equipped kitchen facility and dining room manned and operated at all times that alcoholic beverages are sold on Sunday.

(9)   The Class R permit shall be subject to revocation by the mayor and chairman of the alcohol and beverage control board at any time following a hearing as provided for all other licenses and/or permits issued under this chapter issued and a determination that the permittee fails to meet the criteria set forth in this chapter.

(10) No children under the age of eighteen (18) are allowed to be seated at the bar. Children under the age of eighteen (18) are also not allowed to play games within the bar area. The only exception is children passing through the bar area in order to access other accommodations of the restaurant.

(11) For new businesses without prior business experience on which to base a determination of percentage of food, etc., sales to alcoholic beverages, a temporary permit may be issued by the board for sixty (60) days after which time evidence of all sales, as may be deemed necessary by the board, will be required to make the permit permanent.

(e)   Qualifications for classified employees, retail clerks and waiter/waitresses. Each applicant for a permit as a classified employee, retail clerks and waiters/waitresses shall meet the requirements as listed in subsection (c), excepting the two-year residency requirement and the requirements of both national and state citizenship as required under subsection (c)(2) hereinabove, provided that any person not a citizen of the United States shall be the holder of a properly issued passport and current visa. If the above applicant has been adjudged by a board or convicted by a court in any matter stated in subsection (c), the granting of any permit or of a renewal is within the discretion of the board.

(f)    Occupational permit. Every Class A, B, C and R liquor dealer, in addition to the license tax levied in subsection (b) hereof, is hereby required to obtain from the town an annual occupational permit to conduct such business during the appropriate year.

(g)   Licenses non-transferrable. Separate permits and licenses shall be required for each place of business operated by a retail or wholesale dealer. All permits and licenses issued herein shall be personal and non-transferrable. If the business is sold or transferred during the period for which the permit or license was issued, the new owner or operator must apply and pay for a new permit and license in the manner and under the conditions set forth in subsection 3-10(a)(3).

(h)   Change of location. A retail dealer, or wholesale dealer, shall conduct his business only in the licensed premises, and no permit issued hereunder shall authorize the conducting of business in any changed location except upon application therefore submitted to the mayor and chairman of the alcohol and beverage control board, which may grant or deny the application, as it deems advisable, but if approved, no additional license or permit shall be required.

(i)    Fees for acquiring an existing business. Any Class A, B and R beer and/or liquor dealer who, on or after July 1st of any year, acquired a business currently licensed for that year, shall pay a license or excise tax of sixty-five (65) percent of the annual amount for the remainder of that year and a twenty-five dollar ($25.00) permit fee, in the case of a liquor dealer for the balance of the appropriate year.

(j)    Three-day temporary beer and/or liquor permit.

(1)   Non-profit organizations. There shall be issued by the mayor and chairman of the alcohol and beverage control board a three-day temporary beer and/or liquor permit to charitable organizations, religious organizations, non-profit organizations and fraternal organizations for the purpose of serving beer and/or liquor at non-profit fairs held by these organizations. The religious, charitable, non-profit and fraternal organizations, which are non-profit such by all taxing authorities. The application for a three-day permit must be accompanied by: (1) a copy of the Charter of the organization, club or facility; (2) a current, accurate membership roster showing full names of members and their current residence address with only those members of legal age being authorized to dispense alcohol for the length of the permit without obtaining a bartender’s license; (3) certification by the duly elected officers of the organization that said organization is certified as a non-profit organization by all taxing authorities and list such authorities.

(2)   Hours of operation. Such three-day beer and/or liquor permit shall be for three (3) consecutive days only, beginning at the time designated by the mayor and chairman of the alcohol and beverage control board and ending at the time designated by the mayor and chairman of the alcohol and beverage control board, at which time such beer and/or liquor permit shall expire. This permit under this section is not for the purpose of serving alcohol beyond the closing hours as provided in the wine, beer and liquor ordinances for the town.

(3)   Locations requirements. This three-day beer and/or liquor permit shall be for the purpose of serving beer within the designated boundaries of the event as provided to the building official. This section shall be an exception to the provisions requiring licensed premises under the wine, beer and liquor ordinances for the town.

(k)   Special event permit. A special event permit may be issued to any licensed premises by the mayor and chairman of the alcohol and beverage control board.

The permit fee shall be three hundred dollars ($300.00) for liquor (to include beer and wine) or one hundred dollars ($100.00) for beer only. No more than twelve (12) special event permits shall be issued to any location in any given year. Each permit issued shall represent a single day and the fee shall apply to each permit issued. The alcoholic beverage control office shall not issue any special event permit to any applicant for said permit if such applicant is delinquent in the payment of any tax, license or fee to the town.

(l)    Wine tastings. Wine sampling for the purposes of allowing a customer to taste a brand of wine may be conducted at any time on any premises holding a Class B (liquor) permit issued pursuant to subsections (a) and (b) subject to the following conditions and restrictions:

(1)   The retail dealer’s total monthly inventory must include of still and/or sparkling wine products.

(2)   A retail dealer may furnish the still and/or sparkling wine to be sampled and the containers used to hold such still and/or sparkling wine in connection with the sampling subject to state and/or federal laws, rules and/or regulations.

(3)   No person under the age of eighteen (18) shall be allowed in the area of a Class B (liquor) establishment that offers wine tastings pursuant to this section at any time unless accompanied by a parent, legal guardian or spouse twenty-one (21) or older.

(4)   All persons serving still and/or sparkling wine pursuant to this subsection (l) shall have the appropriate valid and current Class A server’s license.

(5)   Any retail dealer holding a Class B (liquor) permit who meets the qualifications set forth in this subsection (l) and desires to conduct wine tastings in accordance with this subsection (l) shall so designate its intent to conduct such wine tastings on its original application for a Class B (liquor) permit or shall amend its application to reflect its intent to conduct such wine tastings. No retail dealer shall conduct wine tastings pursuant to this subsection (l) unless and until it has received prior written authorization from the mayor and chairman of the alcohol and beverage control board.

(m)  Wine tasting permit. Except and unless provided for in subsection (l), still and/or sparkling wine sampling for the purposes of allowing a customer to taste a brand of still and/or sparkling wine shall not be conducted on any premises holding any permit designated in subsections (a) and (b) unless such still and/or sparkling wine sampling is conducted in accordance with the following conditions and restrictions:

(1)   Any retail dealer holding a Class B (liquor) permit may apply to the mayor or chairman of the alcohol and beverage control board for a wine tasting permit pursuant to this section at least one week prior to the proposed date of the sampling setting forth the date, time, location, and brand(s) of wine to be sampled.

(2)   A retail dealer, wholesaler, manufacturer and/or supplier may furnish the still and/or sparkling wine to be sampled and the containers used to hold such still and/or sparkling wine in connection with the sampling subject to state and/or federal laws, rules and/or regulations.

(3)   All samplings conducted pursuant to this subsection (m) shall be limited in duration to one day and no more than one wine tasting permit shall be issued for any licensed premises each month.

(4)   The fee for the wine tasting permit(s) provided for in subsections (l) and (m) shall be one hundred dollars ($100.00) per permit.

(5)   All persons serving still and/or sparkling wine pursuant to a wine tasting permit issued in accordance with this subsection (m) shall have the appropriate valid and current Class A server’s license.

(6)   Wine sampling conducted pursuant to a wine tasting permit issued pursuant to this subsection (m) shall be restricted to within a 15-foot radius of the area of the licensed premises where most of a retail dealer’s wine inventory is normally and routinely stocked, merchandised, and/or marketed.

(7)   No person under the age of eighteen (18) shall be allowed in the area of a Class B (liquor) establishment that offers wine tastings pursuant to this section at any time unless accompanied by a parent, legal guardian or spouse twenty-one (21) or older.

(Ord. No. 10-2010-05, Att. A, 10-11-10; Ord. No. 11-2011-01, 11-14-11)

Sec. 3-11. Building, location, zoning and parking requirements.

(a)   Building requirements.

(1)   Acquire and maintain health permit and comply with all fire, building, plumbing, electrical, heating, air conditioning and zoning codes. Failure to possess and maintain all proper applicable health permits for any premises licensed under this article or the violation of, or non-compliance with any applicable fire prevention, building, plumbing, electrical, heating, air conditioning or zoning code pertaining to any premises licensed under this article shall be cause for denial, revocation or suspension of any permit or license. The issuance or reinstatement of any such license, application or permit shall not be considered by the mayor and chairman of the alcohol and beverage control board until the board receives notification from the proper authority that all health permits are valid and current or 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)   Premises destroyed. 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 mayor and chairman of the alcohol and beverage control board.

(3)   Premises defined “Premises,” as stated in this chapter, shall mean the definite closed or portioned-in locality, whether the room, shop or building, wherein alcoholic beverages are sold.

(4)   Property defined. “Property,” as stated in this article, shall mean the land upon which a licensed premises is located plus authorized and acknowledged parking area for the licensed business.

(b)   Location prohibitions—Three-hundred-foot distance requirement. Under the authority of and pursuant to La. R.S. 26:81(C) 2 and 26:281(C): No permit shall be granted for any premises situated within three hundred (300) feet or less of a public playground or of a building used exclusively as a church or synagogue, public library, school, fulltime day care center as defined in R.S. 17:405(A) (4), or correctional facility housing inmates, including but not limited to a halfway house, unless a waiver has been granted. This distance shall be measured in a straight line from the nearest part of the property line of the church or synagogue, public library, school, or full-time day care center to the nearest point of the premises to be licensed. Such method of measurement shall only apply prospectively to the issuance of a new alcohol permit issued on or after the date the ordinance has been adopted.

(1)   Waiver: Guidelines.

1. A waiver of the provision of [this] subsection (b) may be granted where the applicant and an owner or an authorized representative of a public playground, church or synagogue, public library, school or correctional facility housing inmates, including, but not limited to, a halfway house agree and consent in writing that a waiver should be granted.
2. No decision of the alcoholic review board shall be contrary to the provision of the comprehensive zoning ordinance of the City of Walker.
3. Any person aggrieved by any decision of the alcohol review board, under this section, may within ten (10) days from the date of such decision file a written request with the board of aldermen of the City of Walker for a review of the decision of the board, and thereupon said board of aldermen shall either affirm, modify or reverse the decision rendered by said alcohol review board.
4. At the board of aldermen agenda meeting following the decision of the alcohol review board, a member of the board of aldermen may request a review of the decision of the alcohol review board by the board of aldermen, which board may, if said review is granted, affirm, modify or reverse the decision of the alcohol review board. If the board of aldermen chooses to hear said matter, a hearing shall be heard thereon at the next regular board meeting.
5. Prior to any hearing or appeal related to a request for a waiver of the provisions in [this] subsection (b), there shall be mailed by certified mail to the church, synagogue, public library, school, or owner or authorized representative of the public playground within the distance provided in [this] subsection (b), a notice setting forth the date on which the alcohol review board will consider the request for a waiver or board of aldermen will hear the appeal. The notice set forth herein shall be mailed by the department charged by the mayor with responsibility for issuing permits related to alcoholic beverage sales.

(c)   Zoning.

(1)   Zoning. Any and all Class A, Class B or Class R license holders as set forth in subsection 3-8(b) are allowed only in the RC zoning designation as set forth in chapter 20 of this Code.

Class R license holders are allowed only in the RC-CAB-1 zoning district.

Class A license holders are allowed only in the RC-CAB-2 zoning district.

(2)   Requirements must be met prior to application. All zoning requirements as required by the zoning ordinance of the town must be met prior to the time an application for an alcoholic beverage license is filed with the mayor and chairman of the alcohol and beverage control board.

(3)   Waiver of parking requirements. The mayor and chairman of the alcohol and beverage control board, subject to the approval of the zoning commission, may waive parking requirements either in whole or in part upon a finding that such waiver is in the public interest.

(Ord. No. 10-2010-05, Att. A, 10-11-10; Ord. No. 12-2010-01, Att. B, 12-13-10; Ord. No. 07-2012-01, 7-9-12)

Sec. 3-12. Hours of operation (Class A, B and R license holders).

The hours of operation of all Class A, B, and R license holders shall be from 6:00 a.m. daily until 2:00 a.m. of the following day, Mondays through Saturdays. Whenever New Years Eve falls on a Sunday, all Class A license holders shall be allowed to operate between the hours of 8:00 p.m. on News Years Eve until 2:00 a.m. the following day, with the owner and any employees being allowed to enter the premises at 6:00 p.m. to prepare for opening at 8:00 p.m. No alcohol shall be served, consumed or sold until 8:00 p.m. and the premises must be vacated by 2:00 a.m. the following day. All Class A license holders shall be allowed to operate the hours of 11:00 a.m. until 12:00 midnight on “Superbowl Sunday,” with the owner and any employees being allowed to enter the premises at 9:00 a.m. to prepare for opening at 11:00 a.m. No alcohol shall be served, consumed or sold until 11:00 a.m. and the premises must be vacated by 12:00 midnight. It shall be a criminal offense as well as a violation of this article for any holder of such a retail dealer’s license/permit issued under this article or a servant, agent or employee of same to dispense, in any manner, beverages described in subsection 3-8(a) between the hours of 2:00 a.m. and 6:00 a.m. on weekdays and Saturday, and between the hours of 2:00 a.m. Sunday and 6:00 a.m. Mondays following, except as provided below:

(1)   Sunday sales—Class A. Class A license holders shall be allowed to operate and sell alcoholic beverages on Christmas Eve and New Years Eve (if such dates fall on a Sunday) and Super Bowl Sundays, between 11:00 a.m. on such Sunday and 2:00 a.m. on the following day, with the owner and any employees being allowed to enter the premises at 9:00 a.m. to prepare for opening at 11:00 a.m. No alcohol may be served, consumed or sold until 11:00 a.m. and the premises must be vacated by 2:00 a.m. the following day.

(2)   Sunday sales—Class B. Class B alcoholic beverage license/permit retail dealers, licensed under the provisions of this article may sell alcoholic beverages 11:00 a.m. Sunday to 12:00 midnight Sunday.

(3)   Sunday sales—Class R. Class R (restaurant) permit holders may sell beverages described in subsection 3-8(a) between the hours of 11:00 a.m. Sunday and 12:00 midnight Sunday in connection with the serving and selling of meals and provided that all provisions of subsection 3-8(d) pertaining to Class R permits are met and that no bar or lounge be opened to the general public during the same period which would be contrary to the reasonable purpose and intent of this provision which is to permit person to be served alcoholic beverages only as part of a meal.

(4)   Closing hours. Any places of business licensed under this article shall be closed at 2:00 a.m. continuously until 6:00 a.m. the same day and shall be closed at 2:00 a.m. Sunday and shall be closed on Sundays from 2:00 a.m. to 11:00 a.m., except as provided below:

50. Restaurants who have obtained a Class R restaurant permit or meet and maintain the requirements set forth in subsection 3-8(d) may remain open for the sale of food and food items only, after applying for a receiving on an annually basis an additional restaurant after hours permit (R.A.H. permit) for an annual fee of fifty dollars ($50.00). However, no sale, dispensing or consumption of alcoholic beverages shall be allowed or permitted anywhere on the licensed premises during the prohibited periods set forth above. During the prohibited periods, no opened or sealed containers containing alcoholic beverages shall be allowed anywhere on the licensed premises or property except in a locked cabinet, locked closet, locked storage room or locked separate room. Businesses who maintain rooms used as lounges or bars which are separate from the restaurant section, must lock those separate rooms during the prohibited period. 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 are consumed on the licensed premises on the date found and during the prohibited period; and shall further result in the presumption that the contents of the container were sold by the license/permit holder, his manager, agent, servant or employee on the date found.
51. Open container. The term “open container,” as used in this section, or elsewhere in this chapter, shall include, but not be restricted to mean any vessel or container of alcoholic beverages which if opened in any manner which 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. “Open container” shall be any container not sealed by the distillery of the alcoholic beverage or liquor, including beer, and “open container” includes, but it not limited to, paper, plastic, Styrofoam or any other disposable container regardless of whether the container has a top affixed thereto. It shall be unlawful to sell, disburse or permit the sale or disbursement of alcoholic beverages or liquors, including beer, in any open container for consumption off licensed and/or leased premises; or to furnish open containers to patrons for the intent and purpose of removal and consumption of alcoholic beverages and liquors, including beer, off the licensed premises and/or leased premises.
52. Closed. The term “closed,” as used in this section or elsewhere in this article shall mean the entire licensed building shall be locked, that all doors shall be locked, that all lights shall be out, and that no one shall be inside of said premises and that no dispensing or consumption of any alcoholic beverages shall take place on the subject property.
53. Sunday clean-up, inventory and minor maintenance. The permit/license holder and/or manager of record with the mayor and chairman of the alcohol and beverage control board, employees of the permittee, also on record with the office, may be in or upon the licensed premises on Sunday between the hours of 2:30 a.m. and 7:00 p.m., only, for the sole purpose of taking inventory, cleaning up and doing minor maintenance; however, no sale, dispensing or consumption of alcoholic beverages shall be permitted except as provided for under subsections (1)—(3).
54. Removal of band equipment. The permit/license holder, band members, and manager of the permittee may be in or upon the licensed premises between 2:30 a.m. and 3:00 a.m. for the sole purpose of removing all band equipment, after the bar is closed at 2:30 a.m. to the general public and all customers are off the licensed premises. This section shall in no way be construed to extend this subsection (hours of operation) which prohibits the sale, serving or dispensing of alcoholic beverages after 2:00 a.m. (closing hours) which requires that all customers must be off the licensed premises by 2:30 a.m. and prohibits any consumption of alcoholic beverages after 2:30 a.m.
55. After hours clean-up permit. A permit holder may obtain from the alcoholic beverage control office an annual after hours clean-up permit, after payment of fifty dollars (.00), which would allow the permittee to hire such persons as necessary to be in or on the licensed premises, between 2:30 a.m. and 6:00 a.m. Monday through Saturday for the sole purpose of cleaning the premises, provided that no sale, dispensing or consumption of alcoholic beverages shall be permitted upon the licensed premises during the above hours. Authorization of the above shall be issued upon written application by the permittee to the mayor and chairman of the alcohol and beverage control board. The application shall contain the names of the persons to be in or on the premises to be cleaned. This permit shall be updated by written request when new personnel are employed by the permitted with an additional charge of twenty dollars ($25.00). The after hours clean-up permit shall be posted and available for inspection by any law enforcement officer or ABC agent. This permit shall have the names of those clean-up persons listed on the face of the permit and only those persons listed on the permit shall be allowed on the premises during those hours. Any changes, erasures, or alterations to the permit made by persons other than those authorized by the mayor and chairman of the alcohol and beverage control board shall constitute a violation of this section and subject the permittee to fines and/or suspensions of this permit at a hearing before the mayor and chairman of the alcohol and beverage control board in the same manner as provided for all other permits or licenses issued.
56. Sunday work permit. In the event of repairs or alterations to the licensed premises, authorization shall be granted to the permittee and such contractors, subcontractors and workmen as may be necessary to be in or upon the licensed premises on Sunday between the hours of 7:00 a.m. and 7:00 p.m. only, provided that no sale, dispensing, or consumption of alcoholic beverages shall be permitted upon the licensed premises. Authorization of the above shall be granted by the mayor and chairman of the alcohol and beverage control board, shall be in writing, shall be for specific stated purpose, and shall extend for a fixed period of time on the Sunday on which the work its to be done. A request for such authorization shall not be granted after 12:00 noon Thursday preceding the Sunday on which the repairs are to be made.

(Ord. No. 10-2010-05, Att. A, 10-11-10)