Chapter 3
LIQUOR REGULATIONSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49661
5-3-1: SHORT TITLE:
5-3-2: DEFINITIONS:
5-3-3: LICENSE REQUIRED; EXCEPTIONS:
5-3-4: CLASSES OF LICENSES:
5-3-5: APPLICATION FOR LICENSE; INFORMATION TO BE SHOWN:
5-3-6: INVESTIGATION:
5-3-6.1: REQUIREMENTS FOR ISSUANCE OF LICENSE:
5-3-7: STATUS OF FRATERNAL, SOCIAL AND CIVIC CLUBS:
5-3-8: APPROVAL, DENIAL OF APPLICATION BY BOARD:
5-3-9: ISSUANCE AND CONTENTS OF LICENSE:
5-3-10: POSTING OF LICENSE; LICENSES NONTRANSFERABLE; CHANGE OF LOCATION:
5-3-11: SCHEDULE OF FEES:
5-3-12: BOARD MAY CANCEL, SUSPEND, REVOKE, RESTRICT OR CONDITION ANY LICENSE; GROUNDS; PROCEDURE:
5-3-13: SUMMARY SUSPENSION OF LICENSE; GROUNDS; PROCEDURE:
5-3-14: REINSTATEMENT OF LICENSES:
5-3-15: SALE OR FURNISHING OF INTOXICATING LIQUOR TO MINOR, AIDING MINOR TO PURCHASE OR PROCURE INTOXICATING LIQUOR PROHIBITED:
5-3-16: EMPLOYMENT OF CERTAIN MINORS PROHIBITED AND CERTAIN MINORS PERMITTED:
5-3-17: FALSE IDENTIFICATION PROHIBITED:
5-3-18: PURCHASE BY MINOR PROHIBITED:
5-3-19: POSSESSION BY MINOR PROHIBITED:
5-3-20: CONSUMPTION BY MINOR PROHIBITED:
5-3-21: LOITERING BY MINOR PROHIBITED:
5-3-22: ESTABLISHMENT TO BE CLEAN AND ORDERLY; THE PRESENCE OF CERTAIN PERSONS PROHIBITED:
5-3-23: CIVIL JUDGMENT NO BAR:
5-3-24: PENALTIES:
5-3-25: SEPARABILITY:

5-3-1: SHORT TITLE:linklink


This chapter may be cited as the CARLIN LIQUOR CONTROL ORDINANCE. (Ord. 86, 7-14-1976, eff. 7-21-1976)
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5-3-2: DEFINITIONS:linklink

Whenever used in this chapter, the following words shall have the meanings described in this section, unless the context clearly indicates a different meaning:

BEER: Any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof, in water.

BEER LICENSE: A license issued by the city which permits the sale of beer by the licensee at the premises specified in the license for consumption on or off the licensee's premises.

BOARD: The board of councilmen of the city.

CITY: The city of Carlin, Nevada.

CITY CLERK: The city clerk of the city of Carlin, Nevada, or the said clerk's deputy.

FRATERNAL, SOCIAL AND CIVIC CLUB LICENSE: A license issued by the city, which permits the licensee therein designated to serve, sell or give liquors to the licensee's bona fide members and invited guests only for consumption at the licensee's premises specified in the license. This license shall not permit the licensee to conduct or operate any public bar or place for the sale, serving or delivery of any liquor to the general public.

LIQUOR: Beer, wine, gin, whiskey, cordials, ethyl alcohol, or rum, and every liquor or solid, patented or not, containing one-half of one percent (0.5%) or more of alcohol by volume and which is used for beverage purposes.

MINOR: A natural person, male or female, under the age of twenty one (21) years.

PACKAGE: Any container or receptacle used for holding liquor, which container or receptacle is corked or sealed.

PACKAGED LIQUOR LICENSE: A license issued by the city which permits the sale of liquors, beer and wine in packages by the licensee at the premises specified in the license, for consumption off of the licensee's premises.

PERSON: A natural person, partnership, association, company, corporation, fraternal, civic or social clubs and all other types of organizations.

RETAIL LIQUOR LICENSE: A license issued by the city, which permits the sale of beers, wines and liquors, in packages, or by the drink by the licensee at the premises specified in the license, for consumption on or off the licensee's premises.

SPECIAL EVENTS LICENSE: A license issued by the city which permits the licensee therein designated to sell or serve such liquor at such location and for such period of time, not exceeding one week, and shall be specified by the board of councilmen and set out in said license.

WHOLESALE LIQUOR LICENSE: A license issued by the city, which permits the sale of beers and wines only or liquors in packages by the licensee to a person holding a valid, current, retail liquor license or a wholesale liquor license or fraternal, social and civic club license or special events license issued by the city, but not the sale to a consumer or general public direct.

WINE: Any alcoholic beverage obtained by the fermentation of the natural content of fruits or other agricultural products containing sugar and including, without limitation, port, sherry and champagne. (Ord. 86, 7-14-1976, eff. 7-21-1976)
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5-3-3: LICENSE REQUIRED; EXCEPTIONS:linklink

It shall be unlawful for any person to sell, offer for sale, keep for sale, serve, give away, furnish, or distribute, or cause or permit to be sold, offered or kept for sale, served, given away, furnished or distributed, any kind of liquor in the city limits of the city of Carlin unless such person has first applied for, paid all license fees for, received and is the holder in good standing of the proper license or licenses required by this chapter. Provided, however, that this section shall not apply to the following:


(A) Liquor served by a private family in its home as a part of its family or social life;


(B) The use of liquor for sacramental purposes by any duly ordained minister;


(C) The use, sale or dispensing of liquor by any doctor, apothecary or pharmaceutist who uses alcohol or liquor for or in compounding medicine or for medicinal or scientific purposes;


(D) The employees of a person who holds a valid, unexpired license pursuant to this chapter, while acting within the course of his employment. (Ord. 86, 7-14-1976, eff. 7-21-1976)

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5-3-4: CLASSES OF LICENSES:linklink

Under the provisions of this chapter, the following classes of licenses may be issued to qualified applicants therefor:


(A) Retail liquor license.


(B) Wholesale liquor license.


(C) Packaged liquor license.


(D) Fraternal, social, and civic club license.


(E) Special events license.


Each person whose activities fall into more than one class of liquor licenses as defined in this chapter must apply for and receive a license for each class applicable before such person can operate in such class.

The liquor licenses required by this chapter shall be in addition to any other licenses required of any person by the city for conducting or carrying on any other business in connection with, or separate from the activities licensed under this chapter. (Ord. 86, 7-14-1976, eff. 7-21-1976)

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5-3-5: APPLICATION FOR LICENSE; INFORMATION TO BE SHOWN:linklink

An application for the licenses required by this chapter shall be made to the board of the city and filed with the city clerk. Each application shall:


(A) Be made on such form as the board shall prescribe;


(B) Include the name and address of the applicant, who shall be all persons having an interest in the business to be licensed. If the applicant is a partnership, the application shall include the names and addresses of all partners. If the applicant is a corporation, association or other organization, the application shall include the names and addresses of all officers, directors, stockholders, resident agents, and all other persons having an interest in the business to be licensed, and the address of the principal place of business of the corporation, and the name and address of the person or persons who shall have the active management of its business for which or in connection with which a license is desired. Listing of stockholders may be dispensed with by the board if stock has been sold to the general public;


(C) Specify the class or classes of license desired; the location by street and number of the premises for which the license is sought, and the name of the owner or owners of the premises where the business is to be operated;


(D) Be supplemented by such additional information or documents as the board shall request from the applicant at any time, it being the duty of the applicant to supply all such matter;


(E) Be accompanied by the annual license fee required for each class of license for which application is made, which license deposit shall be returned by the city clerk to the applicant in the event the application is denied;


(F) Be signed and verified by all persons who shall conduct or have any interest in the business activities for which a liquor license is required. In the case of corporations, clubs or organizations with members, the application shall be verified by its president or secretary or the person who shall actively manage or conduct the business or activity for which a liquor license is required, if written authority from the corporation to make such application is filed with the city clerk with the application;


(G) Contain a statement that if such application is approved and a license issued, it will be accepted by the applicant subject to the terms, conditions and provisions of this chapter, and such other rules and regulations as may at any time hereafter be adopted or enacted by resolution or ordinance by the board. (Ord. 86, 7-14-1976, eff. 7-21-1976)

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5-3-6: INVESTIGATION:linklink

The city clerk shall present each application to the board at its first regular or special meeting after the filing of the application. The board may, at that time, if they deem it necessary, refer the application to the chief of police for investigation. The chief of police may cause an investigation to be made of the moral character and business responsibility of the person or persons applying for a license, and of all persons who will be interested in the business for which a liquor license is required, and in case of a corporation, its officers, directors, stockholders, and the person or persons who shall have the management of the business for which or in connection with which the license is desired, together with an investigation of the location of the proposed place of business, and of such other matters as may be necessary to the protection of the public good, welfare, safety, health and morals of the inhabitants of the city. Upon completion of the investigation, the chief of police shall render a report of the investigation to the board. (Ord. 86, 7-14-1976, eff. 7-21-1976)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49661#s702723
5-3-6.1: REQUIREMENTS FOR ISSUANCE OF LICENSE:linklink

No license shall be issued any person unless the following requirements are satisfied:


(A) A majority of the members of the board must be present for the board to act on an application. A majority of the aforementioned quorum may issue or deny a liquor license.


(B) If a natural person, the applicant must be at least twenty one (21) years of age.


(C) The applicant must file a written application on forms provided by the city clerk and signed by the applicant or its officer if the applicant is not a natural person.


(D) All applicants shall submit not less than three (3) letters of recommendation from residents living in the area of the proposed liquor establishment, unless a majority of the membership of the board shall state for the record that they are sufficiently acquainted with the applicant and that they feel such letters of recommendation would not aid in their determination of the applicant's fitness for the liquor license.


(E) All license fees levied by the board shall be paid.


(F) The applicant, or all officers and managers of the applicant if it is not a natural person, must not have been convicted within the last ten (10) years of a crime which is or would be a felony under the laws of the state of Nevada.


(G) The chief of police shall fingerprint all applicants for licenses to sell intoxicating liquors within the city. If any applicant has not previously been fingerprinted, all such applicants shall be fingerprinted by the chief of police prior to any renewal of an existing license.


(H) It must affirmatively appear to the board that the granting of the license will not:

1. Create or tend to create or constitute a public nuisance.

2. Foster the maintenance of a disorderly house or place.

3. Seriously and adversely affect the valuation of adjoining and contiguous properties. (Ord. 129, 8-10-1983, eff. 8-17-1983)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49661#s702724
5-3-7: STATUS OF FRATERNAL, SOCIAL AND CIVIC CLUBS:linklink

The board of councilmen of the city shall be the sole judge as to whether or not any person, firm, company, association, partnership or corporation applying for a license as a fraternal, social or civic club, is a bona fide fraternal, social, or civic club such as to qualify for a license under the provisions of this chapter. (Ord. 86, 7-14-1976, eff. 7-21-1976)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49661#s702725
5-3-8: APPROVAL, DENIAL OF APPLICATION BY BOARD:linklink


(A) The board shall approve or deny applications. The board may deny any application for any reason deemed sufficient by the board and may refuse to license any applicant.


(B) If an application is denied by the board, the board forthwith shall return the license fee accompanying the application to the applicant. If the board approves an application, the board shall authorize the city clerk to issue such license upon full payment in advance of all license fees then required by this chapter. The license shall not be effective until issued and delivered to the applicant.


(C) It shall require a majority vote of all the members of the board of councilmen duly elected to grant or refuse such application. Such action by the board on any application shall be final.


(D) Any application granted and license issued pursuant hereto shall be granted for and in consideration of the applicant agreeing to and complying with the provisions of this chapter and the terms, conditions, representations and agreements set out in the application and any license issued hereunder. (Ord. 86, 7-14-1976, eff. 7-21-1976)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49661#s702726
5-3-9: ISSUANCE AND CONTENTS OF LICENSE:linklink


(A) Upon the granting of any application pursuant to this chapter, the applicant shall be entitled to be licensed by the city clerk pursuant and subject to the provisions of this chapter. The license certificate shall set forth, among other things, the following:

1. The name of all persons to whom it is issued. If the license, is issued under a fictitious name, the license shall set forth, in addition to the fictitious name, the name or names of each of the persons conducting the business under the fictitious name. If it is issued to a corporation, the license shall set forth, in addition to the name of the corporation, the name or names of the person or persons who shall have the active management of the business for which the license is issued.

2. The amount of license fee paid therefor.

3. The location, by street and number, of the premises for which the license is issued.

4. The date of commencement which will be the date of issuance and date of termination which will be the last day of the year in which it was granted, subject to revocation, cancellation, suspension, restriction, and conditioning, pursuant to this chapter.

5. The particular class of liquor license and of liquors that the licensee is authorized to sell.

6. The license is granted subject to the provisions of this chapter.


(B) The license shall be for one year or the remaining portion of the year, subject to the provisions of this chapter and shall be signed by the mayor and city clerk.


(C) Subject to all provisions of this chapter, if at the end of a year a licensee holds a valid, unexpired license which has not been revoked, canceled, suspended, restricted or conditioned and no proceedings have been instituted or are pending in any court or before the board involving a violation of this chapter or which could or does involve proceedings to consider the revocation, cancellation, suspension, restriction or conditioning of such license, such licensee may renew its license for the next year without application to the board by timely payment of the required license fees and penalties, if any, within the time specified in this chapter. Such renewal license shall be on the same terms and conditions as the original license and subject to all provisions of this chapter as if granted after application to the board.


(D) Any licensee receiving a license pursuant to the provisions of this chapter shall be deemed to have accepted the same with all the duties, obligations, restrictions, limitations and other provisions of this chapter as part and parcel of said license, and subject to the faithful compliance with the promises, agreements and representations set forth in the application for such license, without other or further notice, and without each or any of such provisions being specifically incorporated in the license granted. (Ord. 86, 7-14-1976, eff. 7-21-1976)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49661#s702727
5-3-10: POSTING OF LICENSE; LICENSES NONTRANSFERABLE; CHANGE OF LOCATION:linklink

Each license shall:


(A) Be posted in a conspicuous place in the premises for which it was issued.


(B) Be nontransferable, except that upon prior written consent of the board, the location of the premises for which it was issued may be changed, provided there is no change in licensees.


(C) Be authority for the persons or associations specifically named as licensees to transact the business or activity licensed thereunder. (Ord. 86, 7-14-1976, eff. 7-21-1976)

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5-3-11: SCHEDULE OF FEES:linklink


(A) No refunds of any portion of an annual license fee shall be made.


(B) A valid license under this chapter authorizes the licensee to sell soft drinks in connection with the business for which the license is issued. (Ord. 86, 7-14-1976, eff. 7-21-1976)


(C) The fees for the following licenses will be set by resolution:

Retail liquor license

Packaged liquor license

Wholesale liquor license:

Beer and wine only

All liquors

Fraternal, social and civic club license

Special events license:

Beer only

Liquor only (Ord. 234, 12-8-2010)


(D) License fees shall be due and payable on January 1 of each year. Any license fee which has not been paid on or before January 10 of each year shall be increased by a penalty of ten percent (10%) of the annual fee which shall be added to the fee and collected with the fee prior to issuance of any license hereunder. If the license fee and penalty have not been paid on or before January 15, any rights to renew a license without application to the board shall be forfeited and shall forthwith terminate at the time of the close of the city office on the fifteenth day of such month, and at such time the liquor business to which the delinquent license fee relates shall forthwith close and cease operation if still in operation at that time. Any applicant who is granted and issued an initial liquor license shall not be entitled to have the liquor license fee prorated for that year. The applicant shall pay the liquor license fee for the entire year regardless of the date during the year which the applicant filed his application for a license.

This provision shall not be construed to permit the operation of any business to which this chapter applies for any length of time whatever without having in full force and effect a proper license issued by the city with all fees therefor fully paid; nor shall it be construed to extend the expiration date of any license, nor to prevent the board from taking any action to revoke, cancel, suspend, restrict or condition the license for any reason, including nonpayment of fees. (Ord. 98, 2-14-1979, eff. 2-21-1979)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49661#s702729
5-3-12: BOARD MAY CANCEL, SUSPEND, REVOKE, RESTRICT OR CONDITION ANY LICENSE; GROUNDS; PROCEDURE:linklink


(A) The board may, upon its own motion, and shall upon the verified complaint in writing of any person investigate the action of any licensee under this chapter, and shall have the power to cancel, temporarily suspend for such a period of time as they deem advisable, or permanently revoke a license, or place such restrictions and conditions upon a license as they shall deem necessary or advisable, for any one of the following acts or omissions:

1. The failure to make timely payment of license fees and penalties, or either of them; provided, however, no action by the board shall be necessary in the event of nonpayment of license fees and penalties on or before the fifteenth day of the month in which they came due as provided in this chapter; or

2. The misrepresentation of any material fact by the applicant in obtaining a license under this chapter; or

3. If any one of the licensees named in a license violates or causes or permits to be violated any of the provisions of this chapter; or

4. If any manager, bartender, agent, servant, officer or employee of a licensee hereunder violates or causes or permits to be violated any of the provisions of this chapter while acting in any way in connection with the licensee's business; or

5. If any one of the licensees named in a license commits any act which would be sufficient ground for the denial of an application by such licensee for a license under this chapter; or

6. If any one of the licensees named in a license or any manager, agent, bartender, servant, officer, or employee of a licensee refuses to permit the chief of police, or any policeman, or any other duly authorized representative of the city to visit and reasonably inspect every part and portion of the licensee's premises, or refuses to or fails to furnish the chief of police, or any policeman or officer of the city, upon request, with all facts and information within his knowledge concerning any offense committed in or about the premises and the parties involved and the witnesses thereto; or

7. If any one of the licensees named in a license violates any of the agreements, conditions or terms contained in the application for a license, this chapter or the license issued pursuant hereto; or

8. If any one of the licensees named in a license violates or causes or permits to be violated any ordinance of the city or any law of the state of Nevada or of the United States of America regulating the sale, serving or dispensing of liquors; or

9. If the licensee or any agent or employee thereof makes, causes or permits a sale or sales of any kind of liquor other than that authorized by the class of license the licensee holds.


(B) Except in cases of the automatic cancellation or revocation of a license as in this chapter provided, upon the filing with the board of a verified complaint charging a licensee with the commission, within one year prior to the date of filing the complaint, of any act or omission which is cause for cancellation, suspension, revocation, restriction or conditioning of a license, the board forthwith shall issue a citation directing the licensee, not less than five (5) days after service thereof upon the licensee, to appear by filing with the board the licensee's verified answer to the complaint showing cause, if any the licensee has, why his license should not be canceled, suspended, revoked, restricted, or conditions placed thereon. Service of the citation with a copy of the complaint shall be made upon the licensee in one of the following manners:

1. By personal service upon any one or more of the persons named in the license as a licensee, service upon one licensee being deemed service upon and notice to all licensees named in the license, service to be made by the chief of police or any police officer of the city or by the sheriff of Elko County, or his deputy, or by any citizen of the United States over twenty one (21) years of age; or

2. By mailing by depositing in the United States mail a copy of the citation with a copy of the complaint enclosed in a sealed envelope with postage thereon fully prepaid, addressed to the licensee at the latest address of record in the city clerk's office. Service shall be deemed complete upon the date of mailing. Without excluding other ways of proof, proof of service by mailing and the date thereof may be made by an affidavit of mailing or by proof of mailing by registered mail or certified mail.

In case a corporation is a licensee, then such service above specified may be upon the president, or other head of the corporation, or the secretary, or managing agent, or resident agent, or any other officer thereof. In case of service by mailing it may be addressed to the corporation or to any of the said officers, managing agent or resident agent thereof at the latest address of record in the city clerk's office.

Failure of the licensee to answer within the time specified shall be deemed an admission by the licensee of the commission of the act or acts or omissions charged in the complaint and a waiver of all defenses the licensee may have to such charges. Upon such failure to answer the board shall revoke the license and shall give notice of such revocation by mailing a copy thereof, by United States mail in a sealed envelope with postage thereon fully prepaid, addressed to the licensee at the latest address of record in the office of the city clerk.


(C) Upon the filing of an answer by the licensee, the board shall fix the time and place for a hearing and give the licensee and the complainant not less than five (5) days' notice thereof. The notice may be served by depositing in the United States mail a copy of the notice enclosed in a sealed envelope with postage thereon fully prepaid, addressed to the licensee and to the complainant, respectively, at their latest address of record in the office of the city clerk. With the notice to the complainant there shall be attached to or enclosed a copy of the answer. If either party has appeared by an attorney notice shall be given to the attorney instead of to the party. In the event the city, the board, the chief of police, the city attorney or any other city officer or representative acting by or on behalf of the city is the complainant the notices to and service of answer upon the complainant herein called for shall be dispensed with.


(D) Upon the hearing the complainant and the licensee may appear in person or by attorney, or both, and present relevant evidence and witnesses. After the hearing is concluded and the matter submitted, the board shall, within ten (10) days after such submission, render its decision, which must be made by the vote of a majority of all of the members elected as councilmen of the city. If the decision of the board is that the charge set forth in the complaint has been established, the board shall do one or more of the following:

1. Revoke or cancel the license;

2. Suspend the license for such a period of time as the board deems advisable;

3. Place such restrictions upon the license and/or the licensee's place of business as the board deems advisable;

4. Make the license and the continued force and effect thereof conditioned upon such terms and conditions as the board shall deem advisable.

If, in the opinion of a majority of all the members elected, the charges set forth in the complaint have not been established, or proved, they shall dismiss the complaint.


(E) The board may, upon stipulation of the complainant and the licensee, shorten or extend the times herein set in connection with notices, pleadings and hearings. (Ord. 86, 7-14-1976, eff. 7-21-1976)

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5-3-13: SUMMARY SUSPENSION OF LICENSE; GROUNDS; PROCEDURE:linklink


(A) Notwithstanding any other provision of this chapter, the board shall have the right and power to suspend summarily any license issued pursuant to this chapter in cases appearing to it to be of an aggravated or flagrant violation of this chapter, or of the laws of the state of Nevada relating to liquors; provided, however, that the board shall not summarily suspend any license unless the board finds that such action is immediately necessary for the preservation of public health, welfare, safety and morals of the inhabitants of the city. Such order of suspension shall remain effective until further order of the board of final disposition of the charges upon which the order is based. In the event of a suspension without prior notice, every licensee shall immediately be given notice in writing of the reason or reasons for such suspension, which shall include a specification of the acts or omissions alleged against the licensee. The licensee shall be given an opportunity to be heard at a meeting of the board at which hearing the licensee may appear in person, or by attorney, or both, and present a reasonable number of witnesses to show cause, if any there be, why the license should not be revoked. Notices shall be served and given, the answer filed, and the hearing conducted in the manner and under the procedures provided in section 5-3-12 of this chapter. The licensee may waive the time specified for a hearing and such hearing may be held at any time agreed upon by the licensee and the board; provided, however, that nothing herein shall be construed to limit the right of the board to proceed with revocation proceedings. (Ord. 86, 7-14-1976, eff. 7-21-1976)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49661#s702731
5-3-14: REINSTATEMENT OF LICENSES:linklink

When, in the opinion of the board, a licensee has shown proper cause, the board may reinstate any license which has been previously cancelled or suspended and may remove, change or modify all or any restrictions or conditions which have been set pursuant to this chapter. (Ord. 86, 7-14-1976, eff. 7-21-1976)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49661#s702732
5-3-15: SALE OR FURNISHING OF INTOXICATING LIQUOR TO MINOR, AIDING MINOR TO PURCHASE OR PROCURE INTOXICATING LIQUOR PROHIBITED:linklink


(A) It shall be unlawful for any licensee or any bartender, manager, agent or any other person employed by any licensee to sell, serve, give away, furnish or dispense any kind of liquor to any minor. For the purpose of this section, a person shall be deemed to be employed by a licensee if he purports to have the authority to make sales, whether actually receiving a wage or not.


(B) In any prosecution or proceedings for the suspension or revocation of any license based upon a violation of subsection (A) of this section, proof that the defendant licensee or his agent or employee, demanded and was shown immediately prior to furnishing any liquor to a person under the age of twenty one (21) years, bona fide documentary evidence of majority and identity of such person issued by a federal, state, county or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registered certificate issued under the federal selective service act, or an identification card issued to a member of the armed forces, is a defense to the prosecution, or proceeding for the suspension or revocation of any license.


(C) Every person who knowingly:

1. Sells, gives or otherwise furnishes intoxicating liquors to any person under the age of twenty one (21) years; or

2. Leaves or deposits any intoxicating liquors in any place with the intent that the same shall be procured by any person under the age of twenty one (21) years; or

3. Furnishes, gives or causes to be given any money or thing of value to any person under the age of twenty one (21) years with the knowledge that the money or thing of value is to be used by the person under the age of twenty one (21) years to purchase or procure any intoxicating liquor;

is guilty of a city offense.


(D) Subsection (C)1 of this section does not apply to a parent, guardian or physician of the person under the age of twenty one (21) years.


(E) As used in this section, "intoxicating liquor" means beer, wine, gin, whiskey, cordials, ethyl alcohol or rum, and every liquid or solid, patented or not, containing one-half of one percent or more of alcohol by volume and which is used for beverage purposes. (Ord. 178, 2-9-1995)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49661#s702733
5-3-16: EMPLOYMENT OF CERTAIN MINORS PROHIBITED AND CERTAIN MINORS PERMITTED:linklink

It shall be unlawful for any licensee to employ any minor to sell or handle any liquor of any kind, or to permit any minor to handle such liquor in his place of business in any way, except that a person who has attained the age of sixteen (16) years but not yet eighteen (18) years, may be employed in a retail food store for the sale or disposition of liquor if he is supervised by a person who is eighteen (18) years of age or over, who is an owner or employee of the business which sells or disposes of the liquor, and who is actually present at the time the liquor is disposed of or sold, and the liquor is in a sealed or corked container or receptacle. Provided, however, that grocery store, shopping center, and supermarket licensees affording "box boy" or other delivery service from the place of sale to the conveyance of the purchaser shall be responsible under the foregoing prohibition only until the sale is completed, and that minors may nevertheless carry or transport liquors to the conveyance of a purchaser, in which event such purchaser shall be deemed to have full and complete ownership of and responsibility for such liquor. (Ord. 86, 7-14-1976, eff. 7-21-1976)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49661#s702734
5-3-17: FALSE IDENTIFICATION PROHIBITED:linklink


(A) It shall be unlawful for any person, regardless of age, to counterfeit, forge, alter, erase or obliterate any card, writing, paper or document which bears the age of the holder or purported holder thereof, with the intention that such card, writing, paper or document should be used by a minor for the purpose of obtaining any alcoholic beverage or liquor, or to sell, lend or give away any such card, writing, paper or document to a minor which could be used by a minor for the purpose of obtaining any alcoholic beverage or liquor.


(B) It shall be unlawful for any minor to use or attempt to use or offer any counterfeit, forged, erased or obliterated card, writing, paper or document of the kind mentioned in subsection (A) of this section, or to verbally falsely represent his or her age, or to use or attempt to use any other person's identification documents, for the purpose of obtaining any alcoholic beverage or liquor from any person within the city. (Ord. 174, 7-14-1993)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49661#s702735
5-3-18: PURCHASE BY MINOR PROHIBITED:linklink

It shall be unlawful for any minor to purchase, obtain, or receive in any manner within the city any liquor or alcoholic beverage of any kind from any person; except that at the direction and in the company of a parent or guardian, a minor may consume an alcoholic beverage in the residence of such parent or guardian; further, except that a minor may consume an alcoholic beverage for the purpose of following the direction of a licensed medical practitioner; or except that a minor may consume an alcoholic beverage for the purpose of participation in legitimate religious activities. (Ord. 174, 7-14-1993)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49661#s702736
5-3-19: POSSESSION BY MINOR PROHIBITED:linklink

It shall be unlawful for any minor to have in his or her custody or possession within the city any alcoholic beverage or liquor of any type or kind, except any sealed alcoholic beverage in the regular course of his or her legitimate employment. (Ord. 174, 7-14-1993)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49661#s702737
5-3-20: CONSUMPTION BY MINOR PROHIBITED:linklink


(A) It shall be unlawful for any minor to consume any kind of alcoholic beverage or liquor in or about the premises of any licensed liquor establishment of the city or elsewhere within the city.


(B) It shall be unlawful for any minor to be in possession of any kind of alcoholic beverage or liquor through consumption anywhere in the city; except that at the direction and in the company of a parent or guardian, a minor may consume an alcoholic beverage in the residence of the parent or guardian; except that a minor may consume an alcoholic beverage for the purpose of following the direction of a licensed medical practitioner; or except that a minor may consume an alcoholic beverage for the purpose of participation in legitimate religious activities. Possession by consumption shall consist solely of the assimilation of alcohol in the minor's body, and such crime shall not require proof of possession or control prior to consumption or proof of the act of swallowing an alcoholic beverage or liquor.


(C) It shall be unlawful for any minor who has consumed any kind of alcoholic beverage or liquor at the direction and in the company of a parent or guardian in the home, to leave the home and go out into the city. Such a minor shall be guilty of possession through consumption as provided for in subsection (B) of this section.


(D) For purposes of this section, any peace officer may detain any minor whom the officer encounters under circumstances which reasonably indicate that the minor has committed or is committing one of the crimes enumerated in subsection (A), (B) or (C) of this section. At any time after this detention, the minor so detained shall be arrested if probable cause for an arrest appears. (Ord. 174, 7-14-1993)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49661#s702738
5-3-21: LOITERING BY MINOR PROHIBITED:linklink


(A) No minor shall spend time in or remain in the bar area of the premises of any licensee hereunder where liquors of any kind are sold or served.


(B) It shall be unlawful for any licensee hereunder, or the bartender, manager, agent or any other employee of any licensee, to knowingly allow or permit any minor to remain in the bar area of the premises of the licensee where liquor of any kind is sold or served.


(C) Nothing in subsections (A) and (B) of this section shall apply to:

1. The areas, other than the bar and gaming areas, of the establishments wherein liquor of any kind is sold at a bar in an establishment which operates and maintains dining tables or booths or lunch counters or hotel or motel accommodations or other types of businesses separate from the bar; or

2. Any grocery store, drugstore where liquor of any kind is not sold by the drink for consumption on the premises. (Ord. 86, 7-14-1976, eff. 7-21-1976)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49661#s702739
5-3-22: ESTABLISHMENT TO BE CLEAN AND ORDERLY; THE PRESENCE OF CERTAIN PERSONS PROHIBITED:linklink


(A) Every licensee shall conduct and maintain his premises in a clean and orderly manner.


(B) It shall be unlawful for any licensee hereunder, or any bartender, manager, agent, employee of such licensee or any other person in charge of any saloon or bar, to knowingly allow or permit any of the following persons to remain on the licensee's premises or to sell or give, or to permit to be sold or given to any of the following, any liquor:

1. Any person exhibiting any knife with a blade in excess of two inches (2"), gun, pistol or other deadly weapon in a rude, angry or threatening manner. (Ord. 86, 7-14-1976, eff. 7-21-1976)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49661#s702740
5-3-23: CIVIL JUDGMENT NO BAR:linklink

No civil judgment, or any act or suit by the city attorney, the city clerk or the violator shall bar or prevent a prosecution for each and every violation of this chapter. (Ord. 86, 7-14-1976, eff. 7-21-1976)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49661#s702741
5-3-24: PENALTIES:linklink

Every person violating any of the provisions of this chapter shall, on conviction therefor, be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the city jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder. (Ord. 86, 7-14-1976, eff. 7-21-1976)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49661#s702742
5-3-25: SEPARABILITY:linklink

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. (Ord. 86, 7-14-1976, eff. 7-21-1976)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=49661#s702743