§ 4-27. Hours of operation of business.

(a)

On-sale; intoxicating liquor. No sale of intoxicating liquor for consumption on a licensed premises may be made:

(1)

Between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday;

(2)

Between 6:00 p.m. on December 24th and 8:00 a.m. on December 25th; and

(3)

After 2:00 a.m. on Sundays, unless a Sunday sale license has been issued.

(b)

Consumption and display permit. No establishment holding a consumption and display permit may allow a person to consume or display intoxicating liquor, and no person may consume or display intoxicating liquor between 2:00 a.m. and 8:00 a.m. on Sunday, and between 2:00 a.m. and 8:00 a.m. on Monday through Saturday.

(c)

Sunday sale. No intoxicating liquor shall be sold after 2:00 a.m. on Sundays, except that licensees that hold Sunday on-sale liquor licenses, brewpubs and brewer taprooms may sell and serve intoxicating liquor between the hours of 8:00 a.m. on Sunday and 2:00 a.m. on Monday.

(d)

On-sale; 3.2 percent malt liquor. No sale of 3.2 percent malt liquor may be made between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 2:00 a.m. and 12:00 p.m. on Sunday.

(e)

Permit required for sales after 1:00 a.m. In order to sell intoxicating liquor or 3.2 percent malt liquor on-sale between the hours of 1:00 a.m. and 2:00 a.m., a licensee must obtain a permit from the commissioner. Application for the permit must be on a form the commissioner prescribes. Permits are effective for one year from the date of issuance.

(f)

Notwithstanding paragraph (g) below, upon notification and approval of the city administrator and on compliance with the conditions set forth in this section, an on-sale intoxicating liquor or 3.2 percent malt liquor licensee may serve food and non-alcoholic beverages upon the licensed premises on January 1st (New Year's Day) between the hours of 2:00 a.m. and 3:30 a.m., provided that no such food or non-alcoholic beverages are served in the area of the main bar; and:

(1)

No new patrons are admitted after 2:00 a.m.;

(2)

The licensee's doors are locked to the public;

(3)

The main bar is secured from public access;

(4)

The area where the food and non-alcoholic beverages are being served has immediate access to the outside of the building;

(5)

The licensee has on duty during such hours a licensed police officer for the purpose of enforcing the terms of this paragraph. The police officer must be approved by the city's chief of police; and

(6)

The city administrator reviews and approves the physical layout of licensee's premises to ensure that compliance with the terms of this paragraph is feasible.

In the absence of such approval, the licensee shall not be permitted to serve food or remain open during the hours as provided under this paragraph.

(g)

Unless otherwise authorized by this chapter, all premises holding on-sale intoxicating liquor or 3.2 percent malt liquor licenses must be closed and locked between the hours of 2:30 a.m. and 6:00 a.m. every day. No business of any kind shall be transacted during these hours. All customers must be removed from the premises within fifteen (15) minutes of closing time. No persons shall remain or enter the premises during the hours of 2:30 a.m. and 6:00 a.m. except the owner or manager and such employees as are necessary to maintain the premises.

(h)

Hotels for which an on-sale license has been secured under this chapter may remain open at all hours for the purposes of selling food, non-alcoholic beverages and providing sleeping accommodations.

(i)

Off-sale. No sale of intoxicating liquor may be made by an off-sale licensee and premises for which an off-sale intoxicating liquor license has been issued shall be closed:

(1)

Before 11:00 a.m. or after 6:00 p.m. on Sundays;

(2)

Before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday;

(3)

On Thanksgiving Day;

(4)

On Christmas Day, December 25; and

(5)

After 8:00 p.m. on Christmas Eve, December 24.

(j)

Off-sale; growlers. Malt liquor in growlers only may be sold by brewpubs, brewer taprooms and small brewers at off-sale on Sundays between the hours of 8:00 a.m. on Sunday and 2:00 a.m. on Monday.

(Ord. No. 2015-011, § 1, 7-28-15; Ord. No. 2017-9, § 1, 6-27-17)