§ 5-26. Permit and/or license required.

(a)

Business premises. It is unlawful for any person to sell, give or dispense, or permit to be consumed or possessed in or upon any premises operated as a business for profit, any alcoholic beverage, light wine, or beer without first having secured a permit and/or license authorizing the sale of such alcoholic beverage, light wine, or beer at retail.

(1)

The premises described in subsection (a) of this section and secured by a permit and/or license shall be defined as the premises approved by the alcoholic beverage control division of the state tax commission. A copy of said approved premises (floor plan) shall be filed with the chief of police; provided, further, it shall be unlawful for any person to consume alcoholic beverages, light wine or beer outside of the approved premises of the business holding a permit and/or license.

(2)

Any premises operated as a business for profit shall not include a clubhouse, game room or similar facility made available without cost to the renter and/or owners of individual units within the premises wherein alcoholic beverages, light wine or beer may be furnished free of charge by said owners or renters to their guests; provided, further, that the owner or manager of any business other than a restaurant may promote and advertise on the premises the services/products of said business by furnishing free of charge to its customers of legal age any alcoholic beverage, light wine or beer.

(3)

Provided, however, the management of any restaurant that does not possess such a permit and/or license may allow its customer to bring on the premises and consume with meals in the restaurant area only light wine or beer or alcoholic beverages during the hours applicable to licensed on-premises retailers; provided, further, that the management, including the owner of any such restaurant, shall abide by and comply with all applicable chapters pertaining to on-premises retailers.

(b)

Restaurants without on-premises retailer's permit. The owner of any restaurant that does not possess on-premises retailer's permit before complying with subsection (a) of this section shall make application to be provided by the city clerk and pay an annual fee of ten dollars ($10.00) for a "restaurant consumption permit." Said permit shall be approved by the city council before said permit is valid. Any violation of any of the chapters applicable to such restaurants shall result in a revocation of the permit by said board.

(c)

Occupancy capacity limitations. The number of occupants of any building or portion thereof shall not be permitted to exceed the allowed or posted capacity. In addition, no person shall permit overcrowding or admittance of any person beyond the approved capacity of any place of public assembly. Any police official, upon finding any overcrowding conditions or obstructions in aisles, passageways, or other means of egress, or upon finding any conditions which constitute a serious menace to life, shall cause the performance, presentation, spectacle or entertainment to be stopped until such conditions or obstructions are corrected.

(Ord. of 3-5-2013(2), § 4)