46

Section 3-46 Hours; daily, Sundays, holidays.

(a) Daily and Sunday hours:

(1) Packaged beer or wine locations. It shall be unlawful for any licensee licensed to sell packaged beer or wine hereunder to permit the sale or engage in the sale of such beer or wine except from 5:00 a.m. to 2:00 a.m. Monday through Saturday at 2:00 a.m., and 5:00 a.m. to midnight on Saturdays. For security purposes, if any work is needed to be done during legally closed hours, the police department must be notified at least one (1) hour in advance. Hotels, motels, grocery stores, service stations and restaurants shall not be required to close unrelated functions and activities not licensed under this chapter or customarily operated at hours other than the foregoing specified hours, but all alcoholic beverages of any nature must be and remain in the custody and control of the licensee or his employees, and may not be dispensed in any manner, and the licensee is hereby required to evict any other person possessing any of the above.

(2) Beer and wine on the premises consumption. It shall be unlawful for any licensees licensed to sell beer or wine for on the premises consumption to permit the sale or engage in the sale of such beer or wine except from 5:00 a.m. to 2:00 a.m. Monday through Saturday at 2:00 a.m., and 5:00 a.m. to midnight on Saturday. All customers will clear the premises no later than 2:15 a.m. on weekdays and 1:00 a.m. on Sundays, and all owners and employees shall vacate the premises no later than 3:00 a.m. on weekdays or 1:30 a.m. on Sunday, with the following exceptions. All customers will clear the premises no later than 2:00 a.m. on Sundays and all employees shall vacate the premises no later than 2:30 a.m. on Sundays on New Year's Eve when that day falls on a Saturday. When New Year's Eve falls on Sunday, customers possessing alcoholic beverages shall not be allowed to enter upon the licensed premises before 5:00 a.m. on Sunday, all customers will clear the premises no later than 2:00 a.m. on Monday, and all employees shall vacate the premises no later than 2:30 a.m. on Monday.

For security purposes, if any work is needed to be done during legally closed hours, the police department must be notified at least one (1) hour in advance. Hotels, motels, grocery stores, service stations and restaurants shall not be required to close unrelated functions and activities not licensed under this chapter or customarily operated at hours other than the foregoing specified hours, but all alcoholic beverages of any nature must be and remain in the custody and control of the licensee or his employees, and may not be dispensed in any manner, and the licensee is hereby required to evict any other person possessing any of the above with the following exception. When New Years Eve falls on a Sunday, customers carrying broken or unbroken packages of alcoholic beverages shall be allowed to enter upon the licensed premises for the purpose of consumption of such alcoholic beverages thereon. Neither the licensee nor his employees shall sell or dispense alcoholic beverages in any manner.

For the purpose of this subsection, "restaurant" shall be defined by the definition of that word contained in section 3-96.

(3) Liquor pouring--on the premises consumption. It shall be unlawful for any licensee licensed to sell alcoholic beverages hereunder to permit the sale or engage in the sale of alcoholic beverages except during the hours 8:00 a.m. to 2:00 a.m. Monday through Saturday at 2:00 a.m., and from 8:00 a.m. to midnight on Saturdays. All customers will clear the premises no later than 2:15 a.m. on weekdays and 1:00 a.m. on Sundays, and all owners and employees shall vacate the premises no later than 3:00 a.m. on weekdays and 1:30 a.m. on Sundays, with the following exceptions. All customers will clear the premises no later than 2:00 a.m. on Sundays and all employees shall vacate the premises no later than 2:30 a.m. on Sundays on New Year's Eve when that day falls on a Saturday. When New Year's Eve falls on Sunday, customers possessing alcoholic beverages shall not be allowed to enter upon the licensed premises before 8:00 a.m. on Sunday, all customers will clear the premises no later than 2:00 a.m. on Monday, and all employees shall vacate the premises no later than 2:30 a.m. on Monday. For security purposes, if any work is needed to be done during legally closed hours, the police department must be notified at least one (1) hour in advance.

Hotels, motels and restaurants shall not be required to close unrelated functions and activities not licensed under this chapter or customarily operated at hours other than the foregoing specified hours, but all alcoholic beverages of any nature must be and remain in the custody and control of the licensee or his employees, and may not be dispensed in any manner, and the licensee is hereby required to evict any other person possessing any of the above with the following exception. When New Year's Eve falls on Sunday, customers carrying broken or unbroken packages of alcoholic beverages shall be allowed to enter upon the licensed premises for the purpose of consumption of such alcoholic beverages thereon. Neither the licensee nor his employees shall sell or dispense alcoholic beverages in any manner.

For purposes of security and for purposes of licensees expressly authorizing and enabling the police department to investigate and verify compliance with the provisions of this chapter, each private club licensed hereunder shall make available to the chief of police immediately upon his request a key or card to the main entrance of such club, which key or card shall provide immediate access to the premises by the chief of police or a subordinate officer expressly authorized by him to use such key or card on a particular occasion, and such chief or subordinate shall be allowed to search the entire premises for any violation of this chapter. There shall be no other key or card required to open such door from the outside, nor shall such door be additionally locked or barred from the inside in any manner whatsoever, including electronically locking.

Any rooms other than storage rooms may not be locked during legal hours of operation, nor shall any electronic locking device be used in such rooms during legal hours of operation.

(4) Package liquor stores. Licensees shall not engage in the sale of any commodity except between the hours of 8:00 a.m. and 11:00 p.m, Monday through Saturday.

(5) Wholesalers. The business hours of any wholesaler licensed hereunder shall be from sunrise to sunset, exclusive of Sunday.

(b) Holidays:

(1) Beer and wine. Notwithstanding any of the provisions of paragraph (a) above, sales of beer or wine on Christmas Day are prohibited between the hours of 2:01 a.m. and 12:00 midnight.

(2) Liquor pouring. Notwithstanding any of the provisions of paragraph (a) above, liquor pouring sales on Christmas Day are prohibited between the hours of 2:01 a.m. and 12:00 midnight.

(3) Packaged liquor. Except as hereinafter provided no licensee for the sale of alcoholic beverages by the package at retail shall permit his place of business to be open for the sale of alcoholic beverages on Sundays and Christmas Day.

(Code 1958, 5-26; Ord. of 7-27-87, I; Ord. of 12-30-88(1), I; Ord. of 12-27-95(1), I, II; Ord. of 3/10/97, VII)