§ 3-53. Supplemental licenses and fees.
(a)
Upon application to the local liquor commissioner by a license holder, the following supplemental licenses may be issued after approval by the local liquor commissioner and the payment of the fees set forth herein:
(1)
Subclass (1). A supplemental license authorizing the retail sale of alcoholic beverages until the hour of 4:00 a.m. as provided in section 3-3 and as specified in section 3-59 of this chapter. The annual fee for such supplemental license shall be $3,500.00, provided that the fee for any additional such supplemental license granted to the same licensee in the same building shall be $1,500.00. However, nothing in this subsection (a)(1) shall prohibit a current license holder with a subclass (1) supplemental license from relocating the business with the subclass license in the subclass (1) supplemental license area under the same class of license held at the prior location, when such a relocation is directly caused by actions of the city or any other governmental unit through redevelopment activities, condemnation or otherwise, provided that all other requirements of state law and city ordinances are met.
During the operation of the licensed establishment, the licensee with a subclass (1) supplemental license shall maintain in working condition video surveillance cameras (the "cameras") that are sufficiently light sensitive and provide sufficient image resolution to produce easily discernible images and visually record activities on all entrances of the licensed premises. The video recording must be immediately available upon request to the liquor investigator or other law enforcement officer and maintained in compact disc, electronic file or other digital media that is capable of being transferred to a variety of portable forms of media, including, but not limited to, compact disc and digital video disc; memory USB stick and the recordings shall be preserved at least 30 days after recording.
(2)
Subclass (1a). A supplemental license authorizing the retail sale of alcoholic beverages until the hour of 2:00 a.m. on Friday, Saturday, Sunday, March 18th and Thanksgiving mornings as provided in section 3-3 of this chapter may be issued. The annual fee for this supplemental license shall be $800.00.
(3)
Subclass (2). A supplemental license authorizing the performance of live entertainment not including entertainment with the use of a karaoke machine. A supplemental license for live entertainment will not be require, however, of any establishment holding a class "D," "E," "I," "N" or "M" liquor license or any other premises holding a class "F" or "H" liquor license. The annual fee for such license shall be $200.00 The supplemental license shall in no way abrogates the responsibility of obtaining any other license required by this Code.
Subclass (2a). A supplemental license authorizing the performance of live entertainment only with a use of a karaoke machine. A supplemental license for live entertainment will not be require, however, of any establishment holding a class "D," "E," "I," "N" or "M" liquor license or any other premises holding a class "F" or "H" liquor license. The annual fee for such license shall be $100.00. The supplemental license shall in no way abrogates the responsibility of obtaining any other license required by this Code. Any licensee approved for a subclass (2) live entertainment supplemental license shall be allowed to switch to a subclass (2a) karaoke only supplemental license without having to go the site approval process.
The application for this subclass shall include a site plan for the area in the licensed premises for the proposed live entertainment and shall state the type of the proposed live entertainment. If granted, the live entertainment shall be limited to the approved area and type of entertainment.
(4)
Subclass (3). A supplemental license may be obtained for the retail sale of alcoholic beverages in an outdoor beer garden or cafe adjacent to the licensed premises. The annual fee for this supplemental license will be $200.00. To apply for this supplemental license, the licensee shall file its request in writing with the mayor. A nonrefundable application fee of $50.00 shall be paid by the licensee requesting this supplemental license. The request shall include a scale drawing of the proposed outdoor facility which shall, at a minimum, include the following:
a.
A method by which the area shall be confined to prohibit the removal of alcoholic liquor and constrict noise to the approved area.
b.
A reasonably substantial structure across which alcoholic liquor shall be served which shall afford bartenders reasonable protection from patrons, unless the outdoor facility is serviced directly by the indoor licensed premises.
c.
The locations of at least two exits from the area, only one of which shall be through a building or, in the case of a patio, deck, open porch, balcony or rooftop facility, such exits as are required by the city fire codes, as adopted in section 11-91.
d.
The location of the telephone required by section 3-27 for the outside area.
The supplemental license requested shall not be issued for any location in a residential section of the city, as defined in section 3-1. If granted to any premises within 700 feet of residentially zoned property, no live entertainment shall be permitted outside except live music performed without electronic amplification by no more than two instrumentalists plus a vocalist. Nothing herein shall be interpreted to apply to licensees which held this supplemental license prior to July 15, 1983, other than the restriction on live entertainment.
(5)
Subclass (3a). A supplemental license may be obtained for the retail sale of alcoholic beverages in a sidewalk restaurant adjacent to the licensed premises during the hours of 11:00 a.m. to midnight, provided that in the case of a site on a public sidewalk, right-of-way, and/or plaza, a valid permit has been issued, pursuant to sections 26-286 through 26-298 of the City Code; and in the case of a site on private property, a valid zoning certificate for an outdoor restaurant use has been issued.
The annual fee for this supplemental license will be $200.00. To apply for this supplemental license, the licensee shall file its request in writing with the mayor. A nonrefundable application fee of $50.00 shall be paid by the licensee requesting this supplemental license. The application shall include a scale drawing of the proposed area, including the locations of all tables and seating and a copy of the permit issued pursuant to section 26-293, or the zoning certificate for an outdoor restaurant, including any restrictions or conditions attached to said permit or certificate.
If granted, no live entertainment shall be permitted outside, except live music performed without electronic amplification by no more than two instrumentalists, plus a vocalist.
The licensee shall be responsible to see that no customer, employee or other person removes alcoholic liquor from the area designated as the sidewalk restaurant, except for an employee carrying alcoholic liquor directly between the establishment and the sidewalk restaurant area. The licensee shall be responsible to see that no person is served or consumes alcoholic liquor in the sidewalk restaurant area unless seated in the seating which has been provided in accordance with the site plans approved with the sidewalk restaurant permit or outdoor restaurant zoning certificate.
The supplemental license may be issued only to a licensee holding a Class "B," Class "D," or Class "G" license.
(6)
Subclass (4). A supplemental license authorizing the retail sale of alcoholic beverages in a hotel in temporary locations such as ballrooms, party rooms and meeting rooms which are not licensed as permanent locations through the obtaining of a class "D" license. This supplemental license will allow the use of up to six temporary locations. The annual fee for this supplemental license shall be $450.00.
(7)
Subclass (5). A supplemental license may be obtained by a licensed establishment holding a class "K" license with a subclass (2) entertainment license, authorizing a teen night or youth night as set forth below:
a.
Other than parents or supervisors, no one other than youths between the ages of 13 and 20 years, inclusive, shall be allowed in the establishment on such nights. The licensee must state on the license application:
1.
The method by which age identification shall be established;
2.
The method by which security shall be provided both inside and outside the premises;
3.
The method by which youth shall be supervised in and about the premises; and
4.
Residence, phone number, driver's license number of all employees or persons who will be utilized to provide supervision in connection with such youth dance excepting, however, security personnel who are licensed by the state department of education and registration or who are commissioned peace officers.
b.
No alcoholic liquor shall be sold, served or displayed in any areas of the establishment at such times, and bottles or containers shall be removed from the shelves and automatic dispensing devices disconnected as much as possible.
c.
The provisions of section 3-9 requiring the attendance of parents or guardians for youths to be on a licensed premises shall be waived for such occasions.
d.
All other provisions and requirements of this Code and state law relating to curfew and to the operation of a licensed liquor establishment shall remain in effect.
e.
A licensee may apply for this supplemental license on either a nightly or yearly basis. The nightly license shall be issued for only one specific date, and a separate supplemental license shall be required for each such event. A yearly license may be applied for at any time during the year by a licensee; however, the fee therefor shall not be prorated as set forth in section 3-61 but shall be paid in full. Once a yearly license is issued, the licensee shall notify the police department of any date for a teen night at least 14 days prior to the date of the event.
f.
The fee for this supplemental license shall be $30.00 per night or $357.00 per year. Anyone holding ten teen nights in any one license year shall be deemed to have paid for a yearly subclass (5) license which may be issued upon proper application and approval.
g.
No more than four times per license year a licensee may obtain this subclass (5) supplemental license for holding a benefit for any recognized charitable institution or organization, for which events the fee required in subsection (a)(6)f. of this section is waived.
h.
The licensee shall take all reasonable precautions including, but not limited to, erection of acoustical or other barriers and provision of supervisory or security personnel adequate to prevent the unreasonable disturbance of the peace and tranquility of the neighborhood and the free and unencumbered access of the general public to streets, sidewalks and public areas in and around the licensed premises.
i.
Additional written operating conditions may be imposed by the liquor control commissioner for this supplemental license, which conditions will be deemed to be with the agreement of the licensee and made a part of the license if such supplemental license is granted and accepted.
(8)
Subclass (6). A supplemental license for product tasting of wine, distilled spirits or beer on the premises of a class "C" licensed establishment for patron tasting. Each sample consisting of no more than one-quarter (¼) ounce of distilled spirits, one ounce of wine, or two ounces of beer. The annual fee for such license shall be $735.00.
(9)
Subclass (7). A supplemental license authorizing the retail sale of alcoholic beverages in assembly halls, stadiums or privately owned public golf courses in temporary locations such as ballrooms, party rooms, meeting rooms, movable concession stands or from traveling vendors, which are not licensed as permanent locations through the obtaining of a class "I" license. This supplemental license will allow the use of up to ten temporary locations for which the annual fee shall be $450.00. Additional temporary locations may be approved for an annual fee of $45.00 per temporary location.
(10)
Subclass (8). A supplemental license may be obtained by an licensee currently holding a valid Class "A", "B", "B-1", "D", "E", "E-1", "G", "I", or "K" license issued under this chapter, authorizing the retail sale of alcoholic beverages for consumption on the premises as an incidental part of a food service that serves prepared meals which excludes the serving of snacks as the primary meal at private functions which are held on-sites previously approved by the city council for the sale of alcohol, whether licensed or unlicensed, in public buildings or public areas, which are owned or operated by the city or another public entity. Nothing contained in this subsection shall prohibit the holder of the subclass (8) liquor licensee from subcontracting for all or any part of the food service provided that the food service and alcoholic beverages are sold as a package price agreed upon under contract. The licensee shall give written notice of the date, hours and location of the function to the office of the city clerk, not less than ten days prior to the function at which the license will be used; and shall keep a photocopy of the liquor license on the premises during any such function. The annual fee for this supplemental license shall be $800.00.
(11)
Subclass (10). A supplemental license may be obtained by an licensee currently holding a valid Class "B", Class "G" (restaurant, beer and wine only) license, or a vaild subclass (12) supplemental license issued under this chapter, authorizing the retail sale of alcoholic beverages for consumption as an incidental part of a food service that serves prepared meals which excludes the serving of snacks as the primary meal at private functions for a package price agreed upon under contract on any approved location other than the premises covered by the existing license with the following requirements:
a.
The licensee shall file with the city clerk not less than ten days prior to the function the location, the estimated number of invited individuals, and description of the private event along with proof of dram shop (liability) insurance for the off-site function;
b.
A photocopy of the liquor license must be displayed on the premises during any such function;
c.
Gross revenue from the sale of alcoholic liquor at any one event shall not exceed 40 percent of the total gross revenues generated from the sale of alcohol and the service of meals. The licensee shall submit an affidavit on a quarterly basis, on a form provided by the local liquor commissioner, certifying compliance with this requirement;
d.
The service and consumption of alcoholic liquor shall only be permitted on the premises where food is catered and served;
e.
No agent or employee of the licensee shall consume any alcoholic liquor while employed during the catered event;
f.
The service of alcoholic liquor must be by a person at least 21 years of age who is an agent or employee of the licensee;
g.
No private event catered under this license shall exceed eight hours in duration and no alcoholic liquor shall be served earlier than 10:00 a.m. and no later than 1:00 a.m.;
h.
No cash bar in which alcohol is sold either on a per drink basis or any other means by which the consumer of alcohol is charged for the consumption or the privilege of consuming alcohol shall be allowed; and
i.
The licensee shall comply with all applicable ordinances and state law and obtain all applicable permits for the private catered event.
The annual fee for this supplemental license shall be $800.00. For catered off-site functions on premises with a Class M (BYOB) license, subclass (10) license shall authorize the full retail sale of alcoholic liquor for consumption on the premises of the Class M licensee and "cash bar" restrictions shall not apply.
(12)
Subclass (11). A supplemental license may be obtained by a licensee currently holding a valid Class "B" (restaurant) or "I" (assembly) license issued under this chapter, authorizing the retail sale of alcoholic beverages for consumption as an incidental part of a food service that serves prepared meals which excludes the serving of snacks as the primary meal for two outdoor events per liquor license year with an annual license fee of $550.00 on an adjacent adjoining off-street parking lot of the licensed establishment or if the establishment is so located where there is no adjacent adjoining off-street parking lot, on an adjacent city-owned public right of away area approved by the local liquor commissioner.
In addition to the regulations imposed upon licenses under this chapter, a subclass (11) license holder shall comply with the requirements for a Class "H" license as prescribed under subsection 15-52(8) except to the restriction regarding the holder of the license being a civic, patriotic, fraternal, educational, religious or benevolent organization and the requirement under subsection 15-62(8)(d).
Upon approval for such temporary use the licensee shall file with the city clerk not less than ten days prior to the function:
a.
If the adjacent and adjoining off-street parking lot is owned by any person or entity other than the requesting liquor licensee, documentary proof of consent to use the parking lot for such an outdoor event with the city clerk not less than ten days prior to the function;
b.
For outdoor live entertainment: electric amplification shall be permitted and shall end by 10:00 p.m. on the day of the outdoor event upon filing of an affidavit that a written notice was sent at least 30 days prior to the proposed outdoor event to all the occupants of any businesses or residences within a 300-foot radius that the licensee is requesting amplified live entertainment and no objection to the amplified outdoor live entertainment was made to the licensee at least 14 days prior to the event.
Nothing in this section shall be construed to authorizing or absolving the licensee, its agents or employees from compliance with the noise restriction ordinance as prescribed section 15-62 of the Code.
(13)
Subclass (12). A supplemental license may be obtained by a licensee currently holding a valid Class "C" (grocery) license issued under this chapter in which the square footage of the building of the established establishment is at least 50,000 square feet and meets the definition of a supermarket grocery store as defined in section 3-1 of this chapter, authorizing the retail sale of alcoholic beverages for on-site consumption as part of a full service restaurant, with wait staff, that serves prepared meals which excludes the serving of snacks as the primary meal only in an area designated and operated as a restaurant as defined in section 3-1 of this chapter. Nothing in this subsection shall be construed to authorize a Class C licensee with a subclass 12 supplemental license to qualify for subclasses that are available only to Class "B" (restaurant) license holders. The annual fee for this supplemental license shall be $1,050.00.
(b)
It shall be unlawful for any licensee to operate as provided in any of the above subclasses of licenses without holding a current valid subclass license for such operation.
(c)
Subclass license fees shall be prorated, as provided in section 3-61.
(d)
The term of subclass licenses shall be one license year, but such licenses shall be reviewable and subject to termination at any time on the basis of changed conditions pursuant to the restrictions and hearing requirements as set forth below.
(e)
Before the issuance, denial, renewal, continuation or termination by the local liquor control commissioner of any subclass (1), (1a), (2), (3), (3a), or (5) license, the local liquor control commissioner, after receiving the recommendation of the liquor commission, shall consider and state findings on the following issues:
(1)
The zoning classification of the licensed premises.
(2)
The character of the surrounding area.
(3)
The traffic and parking situation, including any off-street parking requirements of the licensed business, within a 300-foot radius.
(4)
Any statements of interested persons, either oral or written.
(5)
The impact of such proposed or existing subclass license on the character of and the traffic and parking situation in the immediate neighborhood.
(6)
Any past operating history of the licensee and the proposed site.
(7)
Whether the operation of the licensee conforms to all requirements of this Code for the supplemental license requested.
(8)
In the case of the question of renewal or revocation of a subclass (2a) supplemental license, whether the music or other live entertainment is audible in the nearest sleeping room in an R-1, R-2 or RC zoning district when the windows are closed.
(f)
Each applicant for a subclass (1), (1a), (2), (3), (3a), or (5) license shall submit with the initial application a complete list of the names and addresses of the last person to whom taxes were assessed for any property within 300 feet of the proposed site, together with a sworn statement that the applicant has caused notices to be sent to all such property owners, advising them of pendency of the request and that they have an opportunity pursuant to this section to request that a hearing be held before the liquor commission prior to the issuance of the supplemental license.
(g)
Should a request from any public official or from any licensee, or interested person owning property or residing within a 300-foot radius of the proposed site, be submitted in writing to the local liquor commissioner, he shall direct the liquor commission to hold a hearing into the question of whether to issue, deny, renew, continue or terminate any subclass (1), (1a), (2), (3), (3a), or (5) license.
(h)
No subclass license shall be issued or continued if there is a finding that it would alter or has altered the essential character of the neighborhood, would cause or has caused undue traffic or parking problems in the neighborhood, or that the operation under the subclass license does not conform to all requirements of this Code.
(i)
No subclass (1) or (1a) license shall be issued on any licensed premises without the affirmative recommendation of the city council.
(Code 1957, § 3-22; Ord. No. 13276, § 1, 9-17-91; Ord. No. 13286, § 1, 10-1-91; Ord. No. 13366, § 1, 4-7-92; Ord. No. 13402, § 1, 6-2-92; Ord. No. 13420, § 1, 7-7-92; Ord. No. 13423, § 1, 7-7-92; Ord. No. 13499, § 1, 12-15-92; Ord. No. 13626, § 1, 9-2-93; Ord. No. 13728, § 1, 4-19-94; Ord. No. 13924, § 1, 4-25-95; Ord. No. 13983, § 1, 8-29-95; Ord. No. 14299, § 1, 5-27-97; Ord. No. 14411, § 1, 12-2-97; Ord. No. 14439, § 1, 1-20-98; Ord. No. 14615, § 1, 11-24-98; Ord. No. 14651, § 1, 1-12-99; Ord. No. 14738, § 1, 5-25-99; Ord. No. 14807, § 1, 9-21-99; Ord. No. 14819, § 1, 10-12-99; Ord. No. 15139, § 1, 5-15-01; Ord. No. 15491, § 1, 6-24-03; Ord. No. 15551, § 1, 11-18-03; Ord. No. 16029, § 1, 11-21-06; Ord. No. 16591, § 1, 7-27-10; Ord. No. 16828, § 1, 5-22-12; Ord. No. 16875, § 1, 9-11-12; Ord. No. 16940, § 1, 2-26-13; Ord. No. 16954, § 1, 4-8-13; Ord. No. 17119, § 1, 7-8-14; Ord. No. 17162, § 1, 11-11-14; Ord. No. 17204, § 1, 3-10-15; Ord. No. 17302, § 1, 12-8-15; Ord. No. 17309, § 1, 12-8-15; Ord. No. 17399 , § 1, 9-27-16)
Editor's note
It should be noted that the amendment made to subsection 3-53(a)(1) by Ord. No. 17119, adopted July 8, 2014, regarding camera equipment will be in effect 60 days after passage and publication of the ordinance.