§ 4.12.110. Hours of sale—Possession during excluded hours—Prohibited sales  


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  • (a) No cereal malt beverages may be sold, nor the premises on which a tavern is located be open or in use:

    (1) Between the hours of twelve midnight and six a.m.; or

    (2) On Sunday, except as may be authorized by Ordinance No. 47-466 for sale at retail of cereal malt beverage in the original package, and except in a place of business or special event which is licensed to sell cereal malt beverages for consumption on the premises and which derives not less than thirty percent of its gross receipts from the sale of food for consumption on the premises;

    (3) Nor shall any person, during excluded hours, except the operator of the place of business or tavern, have in his possession in such place of business or tavern, cereal malt beverages.

    (b) Nothing in subsection (a)(2) of this section shall be construed to permit taverns to be open on Sunday.

    (c) No retailer, or employee or agent of a retailer, licensed to sell cereal malt beverages for consumption on the premises shall:

    (1) Offer or serve any free drink to any person;

    (2) Offer or serve to any person a drink at a price that is less than the acquisition cost of the drink to the licensee;

    (3) Sell, offer to sell or serve to any person an unlimited number of drinks during any set period of time for a fixed price, except at private functions not open to the general public;

    (4) Encourage or permit, on the licensed premises, any game or contest which involves drinking alcoholic liquor or cereal malt beverage or the awarding of drinks as prizes;

    (5) Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under subdivisions (b)(1) through (4) of this subsection;

    (6) Sell, offer to sell or serve any drink of cereal malt beverage for consumption off the premises;

    (7) Recklessly allow or permit any person to remove a drink of cereal malt beverage or alcoholic liquor from the licensed premises.

    (e) A retailer may:

    (1) Offer free food or entertainment at any time;

    (2) Sell, offer to sell and serve individual drinks at different prices throughout any day; or

    (3) Sell or serve cereal malt beverage in a pitcher capable of containing not more than 64 fluid ounces.

    (f) Violation of any provision of this section is a misdemeanor and punishable by a fine of not more than five hundred dollars or imprisonment not to exceed one year or by both such fine and imprisonment.

    (g) Violation of any provision of this act shall be grounds for suspension or revocation of the retailer's license as provided by this title.

    (h) Every licensee subject to the provisions of this section shall make available at any time upon request a price list showing the licensee's current prices for all cereal malt beverages.

(Ord. No. 42-539 § 2; Ord. No. 47-466, § 1, 4-24-07; Ord. No. 47-471, § 2, 5-1-07; Ord. No. 49-295, § 4, 6-26-2012, eff. 7-1-2012)