Chapter 3 - Alcoholic Beverages

 

(Editor's note--Formerly, Ch. 3 contained Secs. 3-1--3-4. Ch. No. 5878, Sec. 1(e), adopted Apr. 18, 1994, deleted Secs. 3-1 and 3-4 and provided for the addition of Exhibit A, attached thereto, as Ch. 3; while Sec. 1(f) of Ch. No. 5878 provided that Sec. 13-6 be transferred to Ch. 3.  Inasmuch as no specific mention was made of Secs. 3-2 and 3-3, such sections have been retained and Sec. 3-3 renumbered as Sec. 3-1.  Former Sec. 13-6 has been renumbered as Sec 3-3, and Exhibit A, Arts.  I--VIII have been designated as Secs 3-4--3-11.  State law reference--Alcoholic beverages, G.L. 1956, Sec. 3-1-1 et seq.)

 

Sec. 3-1.  Possession of open container on public ways prohibited.

 

No person, whether in or outside a motor vehicle, shall possess any open alcoholic beverage container on any public street, sidewalk, parking lot or park operated by the city or state within the city.

 

Exception: Alcoholic beverages may be allowed for special events after application and approval by the Woonsocket Board of License Commissioners. Written approval is also required by the Department of Public Works and the Department of Public Safety, where certain permits or fees may be required. Any application approved pursuant to this Ordinance shall be in conformance with applicable DBR regulations and State law.

 

"Alcoholic beverage" is defined as all alcoholic beverages, including beer, wine, and spirits that contain one-half of one percent or more of alcohol by volume (including 3.2 percent beer).

 

"Open alcoholic beverage container" is defined as any bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open or has a broken seal, or the contents of which are partially removed, provided however that wine stored in compliance with the terms of 3-18-16 of the Rhode Island General Laws shall not be considered "an open alcoholic beverage container".

 

Violation of this provision shall be a civil violation punishable by a fine of $50 for the first offense, $100 for the second offense and $250 for the third and subsequent offense.

 

(Ch. No. 3645, Sec. 1, 8-7-79; Ch. No. 3725, Sec. 1, 4-7-80; Ch. No. 7303, Sec. 1, 11-6-06; Ch. No. 8037, Sec. 1, 4-2-2018)

 

Cross references--Removal of beverage or container from licensed premises prohibited, Sec. 3-10(b)(12), (13); drunkenness, Sec. 14-2.

 

Sec. 3-2.  Dancing or entertainment in establishments selling alcoholic beverages, license required.

 

(a)  All applications for dancing or entertainment in establishments selling alcoholic beverages must obtain a license approved by the city council.

 

(b)  Upon approval by the city council, such license shall be issued and signed by the city clerk.

 

(c)  The fee for such license shall be fixed by the board and payable to the city clerk upon the issue of such license.

 

(Ch. No. 2331, Secs. 1--3, 11-20-67; Ch. No. 3601, Sec. 1, 4-16-79)

Cross reference--Dancing or other form of entertainment on licensed premises requires permit, Sec. 13-10(b)(14).

 

Sec. 3-3.  Consumption of alcoholic beverages prohibited in restaurants without liquor licenses.

 

No restaurant, cafe, night club, luncheonette, coffee shop, fast-food establishment, banquet hall or similar or like eating establishment shall permit or suffer the consumption of alcoholic beverages which are otherwise licensed by the board of license commissioners upon its premises without the permission of the board of license commissioners.  Such permission can only be afforded upon the submission of appropriate and acceptable liability insurance coverage indemnifying the City of Woonsocket against claims arising from any incidents or violations of criminal or civil laws of the State of Rhode Island or lawsuits filed against the establishment, its owners, agents or assignees.

 

The board of license commissioners shall hold a hearing regarding such request in the same manner as a request for a liquor license.  Owners of property may object to the granting of such permission to lessees by submitting a notice of such objection in writing at the time of the license hearing.

(Ch. No. 5712, Sec. 1, 2-1-93)

 

Sec. 3-4.  Authority of board of license commissioners to regulate.

 

Any and all alcoholic beverage licenses, so-called liquor licenses, authorized by the General Laws of the State of Rhode Island and Providence Plantations, as amended, and granted by the City of Woonsocket, a body corporate and politic existing under such General Las, shall be issued, governed, controlled and regulated by the board of license commissioners of the City of Woonsocket, Rhode Island, [hereinafter referred to as the "board"] in accordance with the following rules, regulations, policies and procedures.

(Ch. No. 5878, Sec. 1(e)(Exh. A, Art. I), 4-18-94)

 

Sec. 3-5.  Board of Commissioners Established.

 

(a)  Membership.  There shall be established a board of license commissioners of the City of Woonsocket, Rhode Island (hereinafter referred to as the "board"), which shall consist of the members of the city council of the City of Woonsocket, duly elected by the electorate of the city, and sitting as a board of license commissioners from time to time when issuing, extending, controlling, revoking, transferring and suspending licenses for alcoholic beverages within the jurisdiction of the City of Woonsocket for permanent and temporary purposes for privately owned individuals, partnerships, corporations, nonprofit and charitable organizations, groups and other enterprises permitted by law and these regulations to apply for, receive, transfer and utilize such licenses.

 

(b)  Officers.  The chairman of the board shall be the president of the Woonsocket City Council.  In the absence of the chairman, the vice president of the Woonsocket City Council shall conduct the meeting and oversee the administration of the rules, regulations, policies and procedures.

 

(c)  Issuance and revocation of licenses.  The board shall have the authority to approve, issue, renew, transfer, suspend or revoke any or all alcoholic beverages licenses under its control within the city and may also from time to time reduce or increase the number of any class of licenses in each category as shall be authorized and empowered by state law.

 

(1)  Unless otherwise provided by state law. suspend, annul, rescind, cancel or revoke any license issued by the board of licenses for any reason which the board may deem to be in the public interest; provided, however, that no license shall be suspended for more than seventy-two (72) hours or annulled, rescinded, cancelled or revoked unless the licensee shall have been given at least three (3) days' written notice of the action proposed to be taken and of the grounds therefor and the time and place of the hearing. The said licensee shall also be notified of the right to be represented at said hearing by legal counsel.

 

(d)  Meetings, hearings, rules and records.  The board shall meet as part of the regularly scheduled meeting of the Woonsocket City Council in a section of the agenda specifically designated for such meetings, or at such time and in such place as determined by the board and duly noticed according to the Rhode Island Open Meetings Law.  Notwithstanding the provisions of the Rhode Island Open Meetings Law, all meetings of the board shall be open to the public and news media at all times.  Except as provided herein, the conduct of the meetings of the board shall be governed by Robert's Rules of Order.  The board shall keep proper and accurate records which shall be in conformity with the provisions of the Rhode Island Public Records Act.

(Ch. No. 5878, Sec. 1(e)(Exh. A, Art. II), 4-18-94; Ch. No. 7037, Sec. 1, 4-7-2003; Ch. No. 8164, Sec. 1, 3-2-2020)

 

Sec. 3-6.  Number of licenses.

 

The maximum number of alcoholic beverage licenses which may at any time be issued and outstanding within the city is hereby fixed as follows:

 

Class of license

Maximum Number

   Class A

9

   Class BL

13

   Class BV

38

   Class C

2

   Class D

14

   Class T

2

 

(Ch. No. 5878, Sec. 1(e)(Exh. A, Art. III), 4-18-94; Ch. No. 6037, Sec. 1, 3-20-95; Ch. No. 6064, Sec. 1, 5-1-95; Ch. No. 6147, Sec. 1, 10-2-95; Ch. No. 6208, Sec. 1, 3-4-96; Ch. No. 6228, Sec. 1, 4-15-96; Ch. 6325, Sec. 1, 2-14-97; Ch. No 6373, Sec. 1, 6-16-97; Ch. No. 6464, Sec. 1, 3-2-98; Ch. No. 6778, Sec. 1, 10-16-00; Ch. No. 6897, Sec. 1, 10-1-01; Ch. No. 6976, Sec. 1, 8-5-02; Ch. No. 6997, Sec. 1, 10-7-02; Ch. No. 7026, Sec. 1, 2-3-03; Ch. No. 7309, Sec. 1, 1-09-07; Ch. No. 7328, Sec. 1, 6-5-07; Ch. No. 7356, Sec. 1, 10-15-07; Ch. No. 7383, Sec. 1, 3-17-08; Ch. No. 7444, Sec. 1, 2-2-09; Ch. No. 7581, Sec. 1, 1-4-11; Ch. No. 8152, Sec. 1, 12-16-19)

 

Sec. 3-7.  New license application.

 

(a)  Application.  An application form must be obtained from the city clerk, who shall serve as the clerk of the license commission.  Such application shall be fully completed and returned to the clerk together with all application processing documentation and the required fee.

 

(b)  Completed application.  The licensed premises is that portion of the licensee's property owned, leased or controlled by the licensee, on which or from which alcoholic beverages may be sold, served or stored. It shall be defined by the licensee at the time application is filed and finally determined by the approval of the board. Every applicant is required to submit to the board and keep current an accurate drawing of the licensed premises outlining and giving dimensions of the area which is actually the subject of the license. Any sale, service or storage of alcoholic beverages outside the licensed premises is a violation. Once the licensed premises is established, any expansion requires a hearing as prescribed in Rhode Island General Law 3-5-17 and the approval of the board. A decrease in the area of the licensed premises requires notification to the board and a revised drawing. Any notice of a decrease in the area shall not require a public hearing.  A letter from the zoning officer attesting to the conformity of the proposed location with application zoning regulations shall accompany the application.

 

(c)  Incomplete application.  Applications not containing all necessary and pertinent information shall be returned by the clerk to the applicant until the necessary, required and appropriate information and documentation has been received in full.

 

(d)  Notice of application.  Notice of application must be given in accordance with state law to all owners of property within two hundred (200) feet of the place of business seeking the application by regular mail.  The notice is to be given by the clerk on behalf of the board and the cost therefor shall be paid by the applicant.  The notice must state that remonstrants have a right to be heard and state the time and place of the hearing on the application.  Written notice need not be given for temporary licenses.

 

(e)  Advertising.  The board must advertise the hearing time, date and place in a newspaper of general circulation serving the city once a week for two (2) weeks.  This requirement does not apply to temporary licenses.  The initial advertisement must appear at least fourteen (14) days before the date of the scheduled hearing.

 

(f)  Basis for denial.

 

(1)  All available licenses authorized under the limits established by these rules and regulations have been issued, and no license is currently available.

 

(2)  Objection is made by owners of the greater part of the area within two hundred (200) feet of the premises where a Class BV, or BL is to be operated (Rhode Island General Law 3-7-19).  If the owner or owners of the majority of this area object, then the board is without authority to issue the license.  The area within two hundred (200) feet of the premises means the area within a line two hundred (200) feet distance from every side of the proposed premises.

 

(3)  Objection is made by owners of less than the greater part of the area within two hundred (200) feet of the premises where the license is to be operated.  The board has discretionary authority to either issue or deny the license.

 

(4)  Premises is located within two hundred (200) feet of a school or place of public worship (Rhode Island General Laws 3-7-19).  The two hundred-foot measurement shall be made from that point of the proposed license place closest to the nearest improved point of the school or place of public worship.

 

(5)  The board has general discretionary authority to deny a license based upon criteria which it has established and fairly applies.  The following criteria have been established by the board:

 

a.  Compliance with all city ordinances and board rules, regulations, policies and procedures.

 

b.  Citizen reaction to the application.

 

c.  Proximity of location to residential area, commercial district, schools, churches and other establishments licensed for the sale of alcoholic beverages.

 

d.  Impact on traffic or parking.

 

e.  Impact on existing municipal services and requirements, if any, for new municipal services.

 

f.  Impact on public safety, health and welfare.

 

g.  Whether license will be a major component of the business or an auxiliary use to an eating establishment.

 

h.  The history of operations at the premises for which a license is requested.

 

i.  Proportion of unsupervised patrons under twenty-one (21) years of age.

 

j.  Effect on neighborhood real estate values.

 

k.  Qualification of the applicant to hold and operate the license.

 

l.  Such other health and safety factors as individual applications may present.

 

(6)  Failure of applicant to comply with the requirements of state law, including, but not limited to:

 

a.  Applicant must be a citizen and resident of Rhode Island, except that licenses may be issued to corporations in other states of the United States if they are authorized to transact business in Rhode Island (Rhode Island General Law 3-5-10).

 

b.  Corporate applicants with twenty-five (25) stockholders or less must provide a list of the names and addresses of all stockholders.  Officers and members of the board of directors to the board, and each person listed must be a suitable person to hold a license within the discretion of the board (Rhode Island General Law 3-5-10).

 

c.  Failure of a corporation to report the acquisition of a ten (10) percent interest and any change of officers or directors within thirty (30) days (Rhode Island General Laws 3-5-10).

 

d.  Applicant has a criminal record or repeat violations of the alcoholic beverage laws (Rhode Island General Laws 3-5-10).

 

(g) Prior to approval of a new license application, the Fire Prevention Office of the Woonsocket Fire Department must certify, in writing, to the City Council, sitting as the Board of License Commissioners, that the premises where the business is to be operated has, within sixty (60) days prior to the approval, been inspected and has no Fire Code violations.  Class A licenses shall be exempt from this provision.

 

(Ch. No. 5878, Sec. 1(e)(Exh. A, Art. IV), 4-18-94; Ch. No. 7035, Sec. 1, 3-17-03; Ch. No. 7037, Sec. 2, 4-7-03)

 

Sec. 3-8.  License renewal application.

 

(a)  All licenses (except temporary, one- or two-day event licenses) are issued for a period of not more than one (1) year and shall be renewed on December 1st of each year in accordance with these rules and regulations and state law.

 

(b)  License renewal applications shall be submitted on the same application form as an original application except that the application shall indicate that it is a renewal application.  The license renewal application should be submitted by October 1st to allow time for processing and advertising.  Failure to submit a timely license renewal application shall be grounds for denying renewal of the license.

 

(c)  A nonrefundable processing fee of twenty-five dollars ($25.00) shall be submitted with each application for renewal or a new license (Rhode Island General Laws 3-7-5).  The full license fee will be due and payable upon approval and delivery of the license.

 

(d)  Failure of the board to act on a license renewal application, timely submitted and fully completed and executed, shall cause the existing license to be extended until such time as the board acts on the application (Rhode Island General Laws 42-35-14).

 

(e)  The holder of a license is entitled to have the license renewed, provided:

 

(1)  The license renewal application is completed and timely submitted by October 1st.

 

(2)  The applicant meets all the criteria for issuance of the initial license.

 

(3)  The board may refuse to renew the license for cause.  Cause shall include:

 

a.  One (1) or more incidents of disorderly conduct within the licensed premises or without the licensed premises if the conduct can be shown to have its genesis within the premises.

 

b.  Failure to comply with state and local health and safety laws, codes, ordinances, rules and regulations.

 

c.  Failure to comply with state and local alcoholic beverage laws, codes, rules and regulations.  Delinquency of applicant in payment of municipal [taxes] of its enterprise entities.

 

e.  Failure to furnish a tax certificate from the Rhode Island Division of Taxation.

 

(f)  Notice.  It shall not be necessary to provide notice by mail for abutting landowners for renewals.

 

(g)  Advertisement.  The license renewal application shall be advertised in a newspaper of general circulation in the City of Woonsocket.  The advertisement shall provide the date and time of the meeting at which the renewal application shall be considered.

 

(h) Prior to approval of a license application, the Fire Prevention Office of the Woonsocket Fire Department must certify, in writing, to the City Council, sitting as the Board of License Commissioners, that the premises where the business is to be operated has, within one (1) year prior to the approval, been inspected and has no Fire Code violations.  Class A licenses shall be exempt from this provision.

 

(Ch. No. 5878, Sec. 1(e)(Exh. A, Art. V), 4-18-94; Ch. No. 7035, Sec. 1, 3-17-03)

 

Sec. 3-9.  Relocation or transfer of license.

 

(a)  "Relocation" means the moving of the license to a new location; "transfer" means conveyance of the license to another person (Rhode Island General Laws 3-5-18).

 

(b)  Notice.  Notice of application for relocation must be treated simply as a new application in a new location.

 

(c)  No transfer to another person shall be permitted unless indebtedness of the licensee incurred in the operation of the licensed premises shall be paid to or released by an objecting creditor.  If the debt is disputed, the transfer may be permitted upon the sworn statement of the licensee that the debt is disputed and the dispute is not being raised to facilitate the transfer (Rhode Island General Law 3-5-19).  Creditors cannot object to a transfer resulting from a proceeding in bankruptcy, receivership, probate or other judicial process.

 

(d)  No transfer to another person shall be permitted unless a certificate of good standing is issued by the State of Rhode Island Division of Taxation indicating all state taxes have been paid.

 

(e)  The board has not adopted a policy of prohibiting all relocations or transfers, but has general discretionary authority to deny relocations or transfers of a license based upon the same criteria which it has established for issuance of an original license, balancing these criteria with due consideration for the existing license holder's financial interest in the license.

 

(1)  Criteria for relocation applications:

 

a.  Compliance with all city ordinances and rules and regulations of this board.

 

b.  Citizen reaction to the application.

 

c.  Proximity of location to residential area, commercial districts, schools, churches and other establishments licensed for the sale of alcoholic beverages.

 

d.  Impact on traffic and parking.

 

e.  Impact on existing, municipal services and requirements, if any, for new municipal services.

 

f.  Whether license will be a major component of the business at the new location or an auxiliary use to an eating establishment.

 

g.  Impact on public safety, welfare and health.

 

h.  The history of the operation at both the old premises and the new premises for which a license is requested.

 

i.  The anticipated proportion of unsupervised patrons under twenty-one (21) years of age at the new location.

 

j.  Effect on neighborhood real estate values.

 

(2)  Criteria for transfer application:

 

a.  Qualifications of transferee to hold and operate the license.

 

b.  Compliance with all city ordinances, rules and regulations.

 

c.  Such other public health and safety factors as each individual application may present.

 

(f) Prior to approval of a relocation of license application, the Fire Prevention Office of the Woonsocket Fire Department must certify, in writing, to the City Council, sitting as the Board of License Commissioners, that the premises where the business is to be operated has, within sixty (60) days prior to the approval, been inspected and has no Fire Code violations.  Class A licenses shall be exempt from this provision.

 

(Ch. No. 5878, Sec. 1(e)(Exh. A, Art. VI), 4-18-94; Ch. No. 7035, Sec. 1, 3-17-03)

 

Sec. 3-10.  License restrictions.

 

(a)  The board shall have the authority to impose reasonable restrictions upon a license, whether newly issued, renewed, transferred or relocated, provided the restrictions are designed to promote the reasonable control of alcoholic beverages.

 

(b)  General rules.  The Woonsocket Liquor Licensing Board for the City of Woonsocket, in order to promote the reasonable control of alcoholic beverages within the community, hereby enacts the following conditions governing liquor licenses heretofore and hereafter issued, transferred or renewed within the City of Woonsocket.  These conditions shall supplement all other applicable local and state laws, regulations, rules and requirements governing liquor licenses:

 

(1)  A license must be posted in plain view and shown to any authorized person on demand.

 

(2)  A telephone and a sufficient number of restroom facilities, accessible to patrons and in good working order, must be maintained by all license holders on the main floor within each licensed establishment.  This provision does not apply to a class A or class J license holder.

 

(3)  No alcoholic beverages shall be sold, served or dispensed after the legal closing hour.

 

(4)  No patrons shall be admitted to the premises after the legal closing hour.

 

(5)  Each license holder shall have available for production upon request of authorized public safety officials a list of all management and employees authorized to be within the establishment after the legal closing hours but during cleaning hours.  Such list shall be conveniently available to all fulltime and parttime management personnel for production upon request.  Such listing shall be maintained up to date.

 

(6)  All patrons shall leave the licensed premises not later than twenty minutes after one (1 A.M.) where license is permitted to remain open until one o'clock (1 A.M.). Where licensee is permitted by local ordinance to remain open until two o'clock (2 A.M.), all patrons must leave the licensed establishment by two o'clock (2 A.M.).

 

(7)  All employees shall leave the licensed premises within one-half hour after the required closing time. However, the owner, general managers and/or staff of any establishment having a floor area in excess of ten thousand (10,000) square feet may enter or be in a licensed establishment at any time for a legitimate business purpose; provided, however, that the owner or general manager obtain prior written approval from the board. The board shall notify the local police department.  Management and bona fide employees may not consume, dispense or open alcoholic beverages or beverage containers after the legal closing hour.

 

(8)  No employee shall be allowed on the premises for maintenance purposes earlier than two hours before legal opening time.  During this period there shall be no opening, dispensing or consumption of alcoholic beverages. The board may authorize additional hours for maintenance purposes upon written application and after hearing by the board. In the event of extenuating circumstances (emergency), that occur after the normal business hours of the board, the licensee may request an extension of time for cleaning and/or maintenance purposes from the police department. Such extension, if granted, shall be for a specific time.

 

(9)  At all times while the premises are occupied, police and other enforcement officials must be admitted and granted access to the entire licensed premises including the parking lot and other areas surrounding the building.  No entrance prevention devices such as bolts or other methods shall be allowed during business [hours] for the purposes of preventing other patrons or law enforcement officials from freely entering and exiting the premises provided, however, that holders of 2:00 a.m. licenses may refuse to allow additional patrons to enter after 12:30 a.m.No one, other than employees, on duty police and enforcement personnel, shall be admitted to the premises after the required closing time nor before legal opening time.

 

(10)  No licensee or any agent, servant, employee or representative thereof shall in any way interfere with the official duties or activities of any such police or other enforcement officials.

 

(11)  Fights, disturbances, violence or any other violation of the law shall be reported to the Woonsocket Police Department by management or employees.  Copies of police reports on serious repeat offenders shall be delivered to the license board of commissioners.  Such reporting by the management or employees shall be viewed positively when considering violations against the licensee.

 

(12)  No alcoholic beverages shall be permitted to be removed from the interior of a premises of the license holder except those establishments selling alcoholic beverages for off-premises consumption, such as package stores, etc.

Cross reference--Open containers on public ways, Sec. 3-1.

 

(13)  No container for alcoholic beverages containing alcoholic beverages (bottle, can, glass, mug, stein, etc.) offered by the license holder to its patrons shall be permitted to be removed from the interior of the licensed establishment by any patron whether or not such container is purchased from the licensee, except from liquor establishments which sell alcoholic beverages exclusively for off-premises consumption, such as package stores, etc.  Such containers shall not be unsealed on premises.

 

Cross reference--Open containers on public ways, Sec. 3-1.

 

(14)  No dancing or other form of entertainment shall be permitted unless a valid permit is issued by the City Council; except for closed private functions.

 

Cross reference--Dancing or other entertainment on licensed premises requires permit, Sec. 3-2.

 

(15)  No license holder shall permit any ordinance of the City of Woonsocket to be violated on or within its premises by any agent, servant, employee or representative thereof.

 

(16)  All license holders shall maintain an efficient and affirmative supervision over the conduct of their patrons so as to preclude any annoyance or disturbance of the persons inhabiting or residing in the surrounding neighborhood within their reasonable control.

 

(17)  No loud noises, music, or other nuisances shall be permitted to annoy or disturb nearby residents or persons on adjoining streets or sidewalks.  Such prohibited noise shall include, but not be limited to, the nighttime disposal of trash.

 

(18)  Upon repeated complaints by neighbors license holders shall be required to keep all doors and windows closed year-round, and shall provide appropriate ventilation and air-controlling devices necessary to maintain such closed doors and windows.

 

(19)  Such restrictions and regulations shall be acknowledged by the license holder upon issuance of the license or any renewal thereof and shall be binding upon all persons to whom the license is transferred.  Such licensee shall be bound and responsible for adherence hereto by all his/her employees, agents or assignees.

 

(20)  A violation of a condition placed upon a license holder pursuant to this section shall constitute grounds for the suspension or revocation of such license as provided by law.  The board may revoke or suspend any license that it has issued or impose a fine of up to five hundred dollars ($500.00) for each offense.

 

(21)  After a hearing, the board may impose such other or further conditions upon a license holder or transferee which may be necessary to promote the reasonable control of alcoholic beverages within the City of Woonsocket or to protect the health, safety and welfare of the inhabitants of the community.

 

Prior to the revocation or suspension of a license, the board shall send notice by mail to the licensee and give the licensee the opportunity to show cause why the license should not be suspended or revoked.  The notice shall provide:

 

a.  The factual basis for the revocation or suspension.

 

b.  The date on which the show cause hearing is to be held.

 

(22)  The licensing board, upon its own motion or upon the petition of a license holder or transferee who has filed an application for transfer of the license, if it is satisfied that the grounds which caused the imposition of the condition no longer exist, may in its sole discretion order their removal or modification.

 

(23)  Within three (3) months of the enactment of these rules and regulations all management and employee personnel of all liquor establishments within the city shall have taken and been certified as having completed the alcoholic servers program administered by appropriate and recognized agencies.  Persons currently so certified will continue to be recognized as qualified.  Any new employees or license holders shall be required to have completed such course within three (3) months of employment or license award or transfer.

(Ch. No. 5878, Sec. 1(e)(Exh. A, Art. VII), 4-18-94; Ch. No. 7037, Secs. 3-7, 4-7-2003;; Ch. No., Secs. 1, 3-15-2010)

 

Sec. 3-11.  Penalty for serving minors.

 

(a)  No alcoholic beverages shall be sold to any person under the age of twenty-one (21) at the time of the purchase.  All owners of alcoholic beverage establishments must utilize a so-called "minor's book" to register any individual purchasing or consuming alcoholic beverages whose appearance shall to a prudent person seem to raise doubt as to the veracity of a claim of being twenty-one (21) years of age.  Any attempt to utilize a false identification must be reported immediately to the police department.  Minors shall not be permitted to loiter on or around the premises.

 

(b)  The following are minimum penalties for serving and/or selling to a minor (under age eighteen (18)).

 

(1)  Minor book(s) produced as evidence which shows regular, continuous and diligent use; licensee and/or employee have earned the server training certificate.

 

a.  First offense of serving a minor, warning on record.

 

b.  Second offense (within two (2) years) of serving a minor three (3) days' license suspension.

 

(2)  No evidence of continuous, regular, or diligent use of minor book(s):

 

a.  First offense of serving a minor, three (3) days' license suspension.

 

b.  Second offense (within three (3) years) of serving a minor, six (6) days' license suspension.

 

(c)  The following are minimum penalties for serving and/or selling to an underaged person (between eighteen (18) and twenty-one (21) years of age).

 

(1)  Minor book(s) produced as evidence which shown regular, continuous and diligent use; Licensee and/or employees have earned a serving training certificate.

 

a.  First offense of serving to an underaged person warning on the record.

 

b.  Second offense (within three (3) years) of serving an underaged person, two (2) days' license suspension.

 

(2)  No evidence of a continuous, regular and diligent use of a minor book(s):

 

a.  First offense of serving to an underaged person, two (2) days' license suspension.

 

b.  Second offense (within three (3) years) of serving an underaged person, four (4) days' license suspension.

(Ch. No. 5878, Sec. 1(e)(Exh. A, Art. VIII), 4-18-94)

 

Chapter 3 - Alcoholic Beverages
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