§ 5-18. Opening containers, consumption on premises of permit holder restricted.

(a)

The opening of a container of light wine and beer, the consumption of light wine and beer on the premises of a holder of a permit authorizing the sale of such beverages, or the permitting of either to be done on such premises by the holder of the permit, is prohibited except as follows:

(1)

Upon the premises of a restaurant holding a permit authorizing the sale of such beverages. The word "restaurant" for the purpose of this section shall mean a place which is regularly and in a bona fide manner used and kept open for the service of meals to guests for compensation and which has suitable seating facilities for guests and has suitable kitchen facilities connected therewith for cooking an assortment of foods and meats commonly ordered at various hours of the day. The service of such food as a sandwich and salads only shall not be deemed in compliance with this requirement. No place shall qualify as a restaurant under the provisions of this order unless fifty (50) percent or more of the revenue derived from such place shall be for the preparation, cooking and serving of meals and not for the sale of such alcoholic beverages. No beer shall be open or in the possession of any person in automobiles at any time on public property, streets or highways.

(2)

Upon the premises of a club holding a permit authorizing the sale of such alcoholic beverages. The word "club" for the purpose of this section shall mean an association or a corporation organized or created under the laws of the United States of America or the laws of the state, organized not primarily for pecuniary profit, but for the promotion of some common object other than the sale or consumption of alcoholic beverages, maintained by its members through payment of annual dues, adequate for the reasonable and comfortable use and accommodation of its members and their guests. The affairs and management of such clubs must be conducted by a board of directors, board of governors, executive committee or similar governing body chosen by the members at a regular meeting at some periodic interval, and no member, officer agent or employee of the club is paid, or directly or indirectly receives in the form of a salary or other compensation any profit from the distribution or sale of such alcoholic beverages to the club or to the members or guests of the club beyond such salary or compensation as may be fixed and voted at a proper meeting by the board of directors or other governing body out of the general revenues of the club.

(3)

Upon municipal property with a properly issued special events permit as provided in article I of chapter 5 of the Code of Ordinances.

(4)

Upon municipal property as allowed under article III of chapter 5, Code of Ordinances.

(b)

The sale, bartering, or giving away of wine and beer for on-premises consumption by any aforesaid restaurant or club shall be prohibited within four hundred (400) feet of any residential building; except where such residential buildings are located in a commercial area or central business area, distance shall be reduced to one hundred (100) feet.

(Ord. of 10-3-84, § 3; Ord. of 6-18-02, § 4; Ord. of 3-21-03, § 4; Ord. of 3-20-18(1) , § 4)