49

Section 3-49 Consumption-on-premises establishments.

(a) Off-street parking. The requirements of off-street parking for this section shall be the same as would be required under the ordinances or codes for a new building, or under the zoning ordinances or codes for a new business. This provision shall not apply to any holder of a license hereunder unless, subsequent to the adoption of the ordinance from which this section derives, such license holder divests himself of fifty (50) percent or more of the interest in the business owned by him at the time of the enactment of this chapter, but shall be effective with regard to any establishment for which a new alcoholic beverage license is applied for after adoption of this chapter to make use of an existing building, or other premises, as well as applicants for licenses who will be required to comply with this chapter in the erection of, or use of, a new building.

(b) Visibility; shrubbery. On any premises occupied by a license holder hereunder, the immediate proximity of the building shall be maintained so as to keep vegetation low and vision unobstructed. Failure to comply with this provision shall be grounds for suspension or revocation of consumption-on-premises licenses, or denial of renewal of such licenses.

(c) Permitted areas for consumption on premises. The consumption of alcoholic beverages shall be permitted only inside that portion of licensee's building designated for such consumption, or at such outside location immediately adjacent to the building and specifically designated for the consumption of food and alcoholic beverages (but not for the consumption of alcoholic beverages only), with such outside location for the consumption of food and alcoholic beverages to include patios, decks, screen porches and like areas. This provision is not to be interpreted as permitting unrestricted consumption of alcoholic beverages on any portion of licensee's premises, especially including parking lots and the grounds surrounding the building and similar areas, and no licensee hereunder shall permit the consumption of alcoholic beverages except in those designated areas as described in this section.

(d) Premises to be well lighted. The exterior of each building in which alcoholic beverages are sold for consumption on the premises shall have sufficient lighting so that all entrances and parking areas are clearly visible at all times when the premises are open for business. Also, the lounge and restaurant areas, if any, and all tables, booths and other areas where customers are served, and all passageways for customers shall be sufficiently well illuminated so that they may be viewed by those in such areas.

(e) Fire and safety; maximum occupancy provisions. All drinking establishments licensed or to be considered for licensing for consumption on the premises of any alcoholic beverages shall be measured as to the net usable floor area, and publicly visible posters stating the maximum number of persons allowable inside the building where such beverages are consumed shall be posted by the fire chief or assistant fire chief. The maximum allowable floor space per occupant in the net usable floor area shall be fifteen (15) square feet. The alcoholic beverage licensee will be responsible for seeing that the established occupancy limits are not exceeded, and the violation of this provision shall be due cause for suspension or revocation by the council, after proper hearing, of the alcoholic beverage license.

(f) Package sales prohibited. It shall be unlawful for any person to sell or offer to sell, or give or lend to any person, for any purpose, including carry-out, any alcoholic beverages by the package or bottle or by the broken container, or remainder, in a package or bottle except that beer and/or wine in unbroken packages may be sold by consumption-on-premises establishments holding current package beer and/or package wine licenses.

(g) Serving of drinks to be by employees or employers; employees not to drink or be seated with customers. Alcoholic beverages hereunder shall be served only by alcoholic beverage license holders, permitted employees or holders of a letter of eligibility to serve alcoholic beverages, but neither the license holder nor the eligible employee shall consume any alcoholic beverages nor any employee be seated with any customer.

(h) Service in back rooms prohibited. The sale of alcoholic beverages for consumption by persons in any back room or side room which is not open to general public use is prohibited except that private parties or conventions, which have been scheduled in advance, may be served in public or private dining rooms or meeting rooms; and provided further, that this prohibition shall not apply to private clubs hereunder nor to the sale of alcoholic beverages for consumption hereunder to the registered guests of any hotel or motel.

(Ord. of 3-10-97, VIII)