The text
Sec. 10-1. - Operation between midnight and 5:00 a.m.—Purpose.#
This chapter is enacted for the purpose of providing necessary regulation and control over the hours of business operation to ensure that the operation of such business does not harm the peace and tranquility of citizens of the city.
(Code 1971, § 4½-1)
Sec. 10-2. - Same—License required.#
No person, firm, partnership or corporation shall operate a retail business in the city between the hours of midnight and 5:00 a.m. without a license first having been issued for such operation by the board of public safety.
(Code 1971, § 4½-2)
Sec. 10-3. - Same—Application for license; issuance.#
An application for a license for permission to operate a business between the hours of midnight and 5:00 a.m. shall be in writing, signed by the business owner, and shall be accompanied by a statement describing the business, a description of the size and location of the property and the proposed hours of operation, and such further information required by the board of public safety. Upon receipt of said application, the board of public safety shall make such inspection and investigation as it considers reasonably required to ensure that the health, safety, welfare, peace and tranquility of the public will not be adversely affected and shall docket the application for hearing within 30 days of receipt. At the expense of the applicant, written notice of the date, time and place of the hearing shall be sent by the applicant at least ten days prior to the hearing by certified mail, return receipt to all property owners within a 200 foot radius of the property for which the license is sought. The board of public safety may fix such conditions to the license as it deems reasonably required for the protection of the public. This chapter shall not apply to liquor license applications.
(Code 1971, § 4½-3; Ord. No. O-00-15, § I, 4-18-00)
Sec. 10-4. - Same—License fee.#
The board of public safety shall require a fee as provided in chapter 18 for the issuance of such license.
(Code 1971, § 4½-4)
Sec. 10-5. - Same—Penalty.#
Any firm, person, partnership, or corporation, or the owner, operator, or employee thereof, violating any provision of this chapter or any condition or requirement of the license issued by the board of public safety shall be subject to punishment as provided in section 1-4. Each day any violation shall occur shall constitute a separate offense.
(Code 1971, § 4½-6)
Sec. 10-6. - Nudity on premises where alcoholic beverages are offered for sale.#
(a)
It shall be unlawful for any person or entity holding a liquor license in the city to suffer or permit any person, while on the premises of the liquor license holder, to:
(1)
Expose to the public view that area of the human breast at or below the areola thereof.
(2)
Employ any device or covering which is intended to give the appearance of or simulate such portions of the human breast as described in subsection (a)(1) above.
(3)
Expose to public view his or her genitals, pubic area, anus, or anal cleft.
(4)
Employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, anus, or anal cleft.
(b)
It shall be unlawful for any person, while on the premises of a liquor license holder, located within the city, at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view that area of the human breast at or below the areola thereof, or to employ any device or covering which is intended to give the appearance of or simulate such areas of the breast as described herein.
(c)
It shall be unlawful for any person, while on the premises of a liquor license holder, located within the city, at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view his or her genitals, pubic area, anus, or anal cleft, or to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, anus, or anal cleft.
(d)
Any person who shall violate any provision of this section shall be guilty of an offense against the city, punishable as provided in section 10-5 of this Code.
(Ord. No. 0-96-9, § I, 2-12-96)
Sec. 10-7. - Alcohol server training certification for alcohol serving licensees.#
(a)
This section shall apply to holders of all types of liquor licenses whether alcohol served on the premises of the licensee or it is sold for consumption away from the premises of the licensee.
(b)
All management of the licensee and all persons who sell or serve alcoholic beverages and anyone serving in a supervisory capacity over those who sell or serve alcoholic beverages and anyone whose job description entails the checking of identification for the purchase of alcoholic beverages, as well as, valet parking staff, shall be required to attend an alcohol server training program approved by the department of business regulation prior to commencement of serving or selling alcoholic beverages and must attend the program every 36 months thereafter.
(c)
The licensee must provide certifications of attendance for all the persons described herein to the licensing division of the board of public safety 60 days after the date on which the ordinance became law for employees working at that time or within 60 days after hiring a person for a position described herein. Copies of the certifications shall be maintained on the premises of the licensee and be available for inspection at any time by officers of the police department.
(Ord. No. O-10-1, § I, 1-12-10)
Sec. 10-8. - Prohibition of the sale of gasoline products to unregistered off-road recreation vehicle(s) or snowmobile(s).#
It shall be unlawful for gasoline filling stations to sell gasoline and gasoline products to an owner or operator of off-road recreational vehicle(s) or snowmobile(s) known to the seller to be unregistered.
(Ord. No. O-22-19, § I, 11-23-22)