(a)

Required. Any person in the city desiring to engage in the business of manufacturing, selling, serving, bartering or exchanging or in any way dealing in alcoholic beverages shall, before engaging in such business and in addition to the requirements of state law, obtain an business tax receipt and a certificate of use from the city.

(b)

Application filing and contents. Any person desiring a license required by this section shall file under oath, on forms provided by the city, a written or printed application to conduct such business at a specified location not prohibited by this chapter or any other ordinance or section of this chapter. The application shall state the following:

(1)

The name, mailing address, the bona fide residence of the applicant;

(2)

The length of such residence;

(3)

The character of the business to be engaged in;

(4)

The kind of license the applicant desires;

(5)

The address of the existing building sought to be licensed;

(6)

The names and addresses of all persons interested directly or indirectly with the applicant in the business for which the license is being sought; plus

(7)

Any other information in the application as requested by the licensing section;

(8)

In addition, the city may require written sworn statements by the applicant acknowledging that the applicant has been made aware of and understands the city's guidelines and requirements for a license or to guarantee compliance with such regulations.

(c)

Investigation. Upon an application being filed pursuant to this section, the city shall cause an investigation to be made of the location of the business to be licensed and its compliance with this chapter, as pertaining to zoning and other city ordinances.

(d)

Authority to sign for property zoning. Under this article, the planning and zoning manager will be the only person authorized to sign for the city as to the proper zoning as requested in the application to be filed with the state division of alcoholic beverages and tobacco for the corresponding state license. A request for authorization under this provision shall be accompanied by the applicable review fee.

(e)

Denial of license. A certificate of use may be denied by the zoning administrator to any person or entity, vendor or establishment offering the sale of alcoholic beverages, when the applicant, person in charge, president, principal or member of the firm or corporation has:

(1)

Had a previous license for any of such revoked by the city in the preceding 12 months.

(2)

Made misrepresentations or false statements in the application.

(3)

The establishment does not conform to the requirements of this article or any section of this chapter or city ordinance.

(4)

A request for denial has been made by the police chief for good and sufficient reasons accepted as the basis for denial by the city council.

(f)

Prerequisites to use of premises as exception. For the purpose of this chapter, the right to use premises for the sale of beer, wine or liquor for consumption on, or off, such premises shall be established when a building permit is issued. In cases where the use is to be established in an existing structure, such use will be considered as existing at such time as the occupancy permit for such use has been issued, provided the use has been established within the time prescribed in the permit.

(g)

Expansion of nonconforming use. Legally existing alcoholic beverage uses made nonconforming by reason of the regulations establishing distance restrictions between such uses, or any of them, or between any such uses and religious facilities or schools, shall not be expanded unless and until such expansion shall have been approved by the city council as a non-use variance after a public hearing. "Expansion" as used herein, shall include the enlargement of space for such use and uses incidental thereto, and the extension of a beer and wine bar to include intoxicating liquor.

(h)

State law. Nothing herein, however, shall be deemed an attempt to modify any prohibition or make less restrictive any requirement imposed by the laws of the state.

(i)

Certificate void after 30 days if premises not established. All alcoholic beverage uses must be established on the premises within 30 days of the date of the issuance of a certificate of use and occupancy; otherwise said certificate of use and occupancy shall be invalid.

(j)

Approval by fire department. No license shall be issued to an establishment providing entertainment unless the establishment has been approved for operation by the fire department.

(Ord. No. 2010-10-218, § 2(5-10), 4-7-2010; Ord. No. 2014-02-314, § 2(Exh. A), 1-8-2014)

(a)

Prerequisite to issuance of license. Anything to the contrary notwithstanding, no alcoholic beverage license of any type may be used in a manner contrary to this chapter. The license as issued shall note thereon any special limitations or restrictions applicable due to the zoning on the property.

(b)

Prerequisite of sketch indicating location. No certificate of use or occupancy, license, building or other permit shall be issued to any person, firm or corporation for the sale of alcoholic beverages to be consumed on or off the premises where the proposed place of business does not conform to the spacing requirements as set forth in section 34-145. Applications for certificate of uses for those establishments not exempt from spacing requirements, as set forth in section 34-145(d), shall for establishing the distance between alcoholic beverage uses, and between such uses and religious facilities or schools, shall furnish a certified sketch of survey from a registered engineer or surveyor. Such sketch shall indicate the distance between the proposed place of business and any existing alcoholic beverage establishment within 1,500 feet, and any religious facility or school within 2,500 feet. Each sketch shall indicate all such distances and routes. In the event of dispute, the measurement scaled by the city shall govern.

(c)

Banquet halls/hall for hire/dancehall. A banquet/hall for hire or dancehall may offer packages that include food, beverages, flowers, photography, entertainment, printed invitations, and other items related to a particular event, provided that each one of those services is offered by a person or corporation who has a valid city business tax receipt and who complies with all other requirements of city, county and state law. Whenever a banquet hall operator seeks to provide the additional services directly, it will be necessary that the banquet hall operator obtain the additional licenses necessary for those particular services. A banquet hall operator shall not seek to act as a host offering activities other than leasing or renting the space or providing party packages to those leasing the premises for those purposes. Banquet hall operators or persons renting or leasing banquet halls shall not be permitted to charge an admission price to patrons.

(d)

Bars/lounges. A bar/lounge may be licensed as an accessory or incidental use to a restaurant, or outdoor cafe. Bars/lounges may be licensed as a principal use subject to compliance with this chapter. Bars/lounges may be licensed as an accessory use to the indoor and outdoor premises of a racetrack or casino gaming facility.

(e)

Food stores/grocery stores/retail drug stores, gas stations. Food store/grocery stores/retail drug stores/gas stations shall be permitted to sell beer and wine providing compliance with the following:

(1)

The licensee holds a valid city certificate of use and business tax receipt from the city as a food store/grocery store/retail drug store, gas stations.

(2)

The licensee holds a valid state license for the sale of alcoholic beverages.

(3)

The establishment does not derive more than 15 percent of its revenue from the sale of beer and wine. The required percentage must be maintained on a daily basis.

(4)

The licensee shall not deflate the price of beer and wine or inflate the price of the served meal from what would be the regular price for the beer or wine sold by similar establishments in the city as a means or method of meeting the minimum required percentage of gross revenue required by this subpart.

(5)

Records of all purchases and gross sales of food and nonalcoholic beverages must be maintained separately from records of all purchases and gross sales of beer and wine. Upon request of the city, the licensee shall provide an independent audit by a certified public accountant indicating revenues derived from the sale of alcoholic beverages. The burden is on the licensee to demonstrate compliance with the requirements for the license, the records required to be kept shall be legible, clear, and readable.

(6)

Sale of beer and wine shall only be permitted between the hours of 6:00 a.m. and 12:00 a.m., of the following day, or during such hours as their establishments legally remain open for the sale of other goods; whichever hours are more restrictive. Sale of beer and wine must be made from within the enclosed premises; sales through windows, a pass-through, or drive-through shall be prohibited.

(f)

Golf course clubhouses and refreshment stands located on said golf course. Provided a bona fide regular, standard golf course is maintained and consists of at least nine holes, with clubhouse, locker rooms and related attendant facilities.

(g)

Microbrewery. Microbrewery must provide written menus and serve full-course meals prepared, served and sold daily for immediate consumption on the premises at any time when open for business, from a kitchen or facility inspected and approved regularly and as required by all state departments for compliance with regulations. Full kitchen facilities shall mean facilities containing commercial grade burners, ovens, range hoods, and refrigeration units of such size and capacity to accommodate the seating of the restaurant. Meals prepared off the premises, snacks, prepackaged foods or sandwiches will not be considered full-course meals for purposes of this section.

(h)

Nightclubs, discotheques, clubs. Any licensee approved by the city to operate as a nightclub, discotheque, or club as herein defined shall apply for and obtain a special permit to operate. Such special permit shall be paid for on or before October 1 and shall expire the succeeding October 1; provided that any licensee beginning business after October 1 may obtain a special permit upon the payment of the annual fee of $500.00, and such permit shall expire on the succeeding October 1; provided further that any person beginning such business on or after April 1 of any year may procure a special permit expiring October 1 of the same year on the payment of one-half the fee herein required for the annual special permit. Such special permit shall be posted at a conspicuous place in the place where such nightclub operates.

(i)

Package stores. Licensee and vendors shall only sell, offer, or expose for sale alcoholic beverages in compliance with its city certificate of use, business tax receipt and state license, and such places of business shall be devoted exclusively to such sales; provided, however, that such vendors shall be permitted to sell bitters, grenadine, nonalcoholic mixer-type beverages fruit juices, home bar, and party supplies and equipment (including, but not limited to glassware and party-type foods), miniatures of no alcoholic content, and tobacco products. Such places of business shall have no openings permitting direct access to any other building or room, except to a cigar display room, or private office or storage room of the place of business from which patrons are excluded.

(j)

Private clubs. Shall conform to all the requirements of a private club as stated in the state beverage law and other applicable state laws, and shall not allow signs of any type that indicate alcoholic beverages are served to be exhibited or displayed or allow any other indications that can be seen by the general public from the exterior of the clubhouse, building or structure. Before a certificate of use and occupancy to serve alcoholic beverages will be issued, the applicant must submit necessary data to prove that it is eligible for the use and complies with the state beverage law or other applicable state laws; provided, anything to the contrary notwithstanding, these requirements must be complied with.

(k)

Compliance for restaurants, coffee shop/sandwich shop/cafeteria/outdoor café, food halls. A restaurant, cafeteria, coffee shop/sandwich shop, cafeteria, or outdoor café, food hall, as defined herein, may only serve alcoholic beverages upon compliance with the following conditions:

(1)

The sale of alcoholic beverages must be incidental to the sale and consumption of food. The establishment must derive at least 51 percent of its gross revenue from the sale of food and nonalcoholic beverages. The required percentage must be maintained on a daily basis.

(2)

The licensee shall not deflate the price of alcoholic beverages or inflate the price of the served meal from what would be the regular price for the alcoholic beverages, or meal served by a similar establishment in the city as a means or method of meeting the minimum required percentage of gross revenue required by this subpart.

(3)

Records of all purchases and gross sales of food and nonalcoholic beverages must be maintained separately from records of all purchases and gross sales of beer and wine. Upon request of the city, the licensee shall provide an independent audit by a certified public accountant indicating revenues derived from the sale of alcoholic beverages. The burden is on the licensee to demonstrate compliance with the requirements for the license, the records required to be kept shall be legible, clear, and readable.

(4)

The licensee must serve full-course meals prepared, served and sold daily for immediate consumption on the premises at any time when open for business, from a kitchen or facility inspected and approved regularly and as required by all state departments for compliance with regulations. Full kitchen facilities shall mean facilities containing commercial grade burners, ovens, range hoods and refrigeration units of such size and capacity to accommodate the seating of the restaurant. Meals prepared off the premises, snacks, prepackaged foods or sandwiches will not be considered full-course meals for purposes of this section.

(5)

The licensee must provide written menus readily available to patrons. A majority of the food listed in the menu shall be available for consumption while the business is open.

(l)

Sport facilities, tennis clubs, racquetball clubs, and fitness clubs. There shall be no signs of any type exhibited or displayed or other indications that can be seen by the general public from the exterior of the clubhouse, building or structure that alcoholic beverages are served.

(Ord. No. 2010-10-218, § 2(5-20), 4-7-2010; Ord. No. 2013-19-307, § 2(Exh. A), 9-10-2013; Ord. No. 2016-14-360, § 2(Exh. A), 9-28-2016; Ord. No. 2020-009-428, § 2, 10-28-2020; Ord. No. 2025-002-482, § 2(Exh. A), 1-22-2025)

(a)

Distance from other establishments. Unless approved as a variance or waiver, no premises shall be used for the sale of any alcoholic beverages, as defined herein, to be consumed on or off the premises where the structure or place of business intended for such use is located less than 1,500 feet from a place of business having an existing, un-abandoned, legally established (and not one of the uses excepted from the spacing requirements hereinafter provided) alcoholic beverage use which permits consumption on or off the premises. The 1,500 feet distance requirements shall be measured by following a straight line from the nearest portion of the structure of the place of business.

(b)

Distance from religious facility or school. Unless approved as a variance or waiver, no premises shall be used for the sale of alcoholic beverages to be consumed on or off the premises where the structure or place of business intended for such use is located less than 2,500 feet from a religious facility or school. The 2,500-foot distance requirement shall be measured and computed as follows: From a religious facility or school, the distance shall be measured by following a straight line from the front door of the proposed place of business to the nearest point of the religious facility grounds or school grounds.

(c)

Distance from public parks and recreational areas and residential zoned property. Unless approved as a variance or waiver, no premises shall be used for the sale of alcoholic beverages to be consumed on or off the premises where the structure or place of business intended for such use that is located less than 500 feet from a public park or residentially zoned property. The 500-foot distance requirement shall be measured and computed as follows: From a public park or residentially zoned property, the distance shall be measured by following a straight line from the front door of the proposed place of business to the nearest point of the parks or residentially zoned property.

(d)

Exceptions to spacing and distance requirements. The restrictions and spacing requirements set forth in subsections (a) through (c) of this section shall not apply to the following:

(1)

Restaurants, bar/lounges accessory to restaurants or food halls.

(2)

Caterers.

(3)

Food stores/grocery stores/retail drug stores/vehicle fueling stations with or without convenience store. With sale of beer and wine only as a grocery item for consumption off the premises.

(4)

Golf course clubhouses and refreshment stands located on said golf course.

(5)

Hotels and motels, which contain 100 or more guest rooms.

(6)

Private clubs.

(7)

Sport facilities, tennis clubs, racquetball clubs, and fitness clubs. Not-for-profit theatres with live performances.

(8)

Bars/lounges/nightclubs/discotheques/clubs approved as accessory to a racetrack or casino gaming facility.

(9)

Wholesaler, distributors, manufacturers of alcoholic products.

(10)

Microbrewery.

(11)

Convenience store.

(Ord. No. 2010-10-218, § 2(5-30), 4-7-2010; Ord. No. 2016-14-360, § 2 (Exh. A), 9-28-2016; Ord. No. 2025-002-482, § 2(Exh. A), 1-22-2025)

Hours and days of sale and consumption of alcohol shall be administered in accordance with chapter 6, article X of the Code of Ordinances.

(Ord. No. 2010-10-218, § 2(5-40), 4-7-2010; Ord. No. 2011-03-245, § 3, 3-23-2011; Ord. No. 2025-002-482, § 2(Exh. A), 1-22-2025)

(Ord. No. 2010-10-218, § 2(5-50), 4-7-2010; Ord. No. 2013-19-307, § 2(Exh. A), 9-10-2013; Ord. No. 2016-14-360, § 2(Exh. A), 9-28-2016; Ord. No. 2025-002-482, § 2(Exh. A), 1-22-2025)