Alcoholic beverage zoning classification

All places within the city licensed by the state to sell alcoholic beverages shall be zoned under one (1) of the following classifications:

(1)

(1-APS)—Beer. Sale of malt beverages containing alcohol of more than one (1) percent by weight in sealed containers for consumption off the premises only.

(2)

(2-APS)—Beer and wine. Sale of beverages containing alcohol of more than one (1) percent by weight and not more than fourteen (14) percent by weight and wines regardless of alcoholic content in sealed containers for consumption off the premises only.

(3)

(1-COP)—Beer. Sale of malt beverages containing alcohol of more than one (1) percent by weight for consumption on the premises and in sealed containers for consumption off the premises.

(4)

(2-COP)—Beer and wine. Sale of beverages containing alcohol of more than one (1) percent by weight and not more than fourteen (14) percent by weight and wines regardless of alcoholic content for consumption on the premises and in sealed containers for consumption off the premises.

(5)

(3-PS)—Beer, wine and liquor. Sale of beverages regardless of alcoholic content in sealed containers for consumption off the premises only.

(6)

(4-COP)—Beer, wine and liquor. Sale of beverages regardless of alcoholic content for consumption on the premises and in sealed containers for consumption off the premises.

(7)

(1-COP-R)—Beer. Sale of malt beverages containing alcohol of more than one (1) percent by weight for consumption on the premises only in connection with a restaurant business having a minimum indoor, outdoor, or combination thereof in seating capacity of not less than eleven (11) seats and wherein the combined gross sales of the business operation is more than fifty-one (51) percent attributable to the sale of food during any semi-annual period as required in section 3-80. Where outdoor seating is utilized to satisfy the seating requirement, the area of such seating shall be clearly delineated by fences or other barriers, with the exception of outdoor seating located within a public sidewalk.

(8)

(2-COP-R)—Beer and wine. Sale of beverages containing alcohol of more than one (1) percent by weight and not more than fourteen (14) percent by weight and wines regardless of alcoholic content for consumption on the premises only in connection with a restaurant business having a minimum indoor, outdoor, or combination thereof in seating capacity of not less than eleven (11) seats and wherein the combined gross sales of the business operation is more than fifty-one (51) percent attributable to the sale of food during any semi-annual period as required in section 3-80. Where outdoor seating is utilized to satisfy the seating requirement, the area of such seating shall be clearly delineated by fences or other barriers, with the exception of outdoor seating located within a public sidewalk.

(9)

(4-COP-R)—Beer, wine and liquor. Sale of beverages regardless of alcoholic content for consumption on the premises only in connection with a restaurant business having a combined minimum indoor, outdoor, or combination thereof in seating capacity of not less than eleven (11) seats and wherein the combined gross sales of the business operation is more than fifty-one (51) percent attributable to the sale of food and non-alcoholic beverages during any semi-annual period as required in section 3-80. Where outdoor seating is utilized to satisfy the seating requirement, the area of such seating shall be clearly delineated by fences or other barriers, with the exception of outdoor seating located within a public sidewalk.

(10)

(1-COP-X)—Beer. Sale of malt beverages containing alcohol of more than one (1) percent by weight for consumption on the premises only.

(11)

(2-COP-X)—Beer and wine. Sale of beverages containing alcohol of more than one (1) percent by weight and not more than fourteen (14) percent by weight and wines regardless of alcoholic content for consumption on the premises only.

(12)

(4-COP-X)—Beer, wine and liquor. Sale of beverages regardless of alcoholic content for consumption on the premises only.

(13)

(11-C)—Beer, wine and liquor—Nonprofit private clubs. Sale of beverages regardless of alcoholic content for consumption on the premises only to members and guests of members of nonprofit private clubs. For the purpose of this subparagraph, a "nonprofit private club" is defined as any establishment which restricts admissions to individuals who are members of a fraternal order, private organization or other private association, which individuals may be identified by reference to a list kept by the owner or operator of such establishment and which establishment does not in any way operate or solicit a public calling or invite general members of the public to the premises to utilize the establishment and which establishment does not operate for profit. An 11-C alcoholic beverage zoning classification shall be effective only for so long as the subject property of the zoning petition is occupied by the nonprofit private club that initially petitioned for the alcoholic beverage zoning, and the alcoholic beverage zoning shall not be transferable, and, upon the happening of any one (1) of the following events:

a.

Vacation of the subject property of the alcoholic beverage zoning petition by the nonprofit private club;

b.

Sale of the subject property of the alcoholic beverage zoning petition; or

c.

Dissolution of the nonprofit private club;

the subject property of the alcoholic beverage zoning petition will automatically revert to a dry status. The foregoing shall be in addition to all other provisions of this chapter dealing with the revocation of alcoholic beverage zoning and the reversion of property zoned for the sale of alcoholic beverages to a dry status, which provisions of this chapter shall apply to an 11-C alcoholic beverage zoning.

(14)

(4-PGC)—Beer, wine and liquor for sale or consumption from mobile carts and temporary bars on a public golf course owned and/or operated by a public entity, having at least nine (9) holes and comprised of a minimum of thirty-five (35) acres of land. The 4-PGC is not subject to the provisions of section 3-90 and section 3-70(a).

(Ord. No. 99-229, § 1, 10-28-99; Ord. No. 2006-208, § 2, 9-7-06; Ord. No. 2006-229, § 1, 9-28-06; Ord. No. 2007-19, § 1, 2-1-07)

Secs. 3-31—3-39. - Reserved.

ARTICLE IV. - RESERVED[4]

Footnotes: --- (4) ---

Editor's note— Ord. No. 2012-119, § 3, adopted November 1, 2012, repealed §§ 3-40—3-46, which pertained to regulations and offenses and derived from Ord. No. 99-229, § 1, 10-28-99; Ord. No. 2005-144, § 2, 5-26-05; Ord. No. 2007-19, § 2, 2-1-07; Ord. No. 2009-124, § 1, 8-20-09; Ord. No. 2010-182, §§ 1, 2, 11-18-2010; Ord. No. 2011-122, §§ 1, 2, 10-6-2011; Ord. No. 2012-78, § 1, 7-19-2012. Similar provisions have been readopted in Chapter 14.

Secs. 3-40—3-49. - Reserved.

ARTICLE V. - RESERVED[5]

Footnotes: --- (5) ---

Editor's note— Ord. No. 2008-54, § 4, adopted March 20, 2008, repealed Art. V, §§ 3-50—3-54, which pertained to wet zoning. See also the Code Comparative Table.

Secs. 3-50—3-59. - Reserved.

ARTICLE VI. - RESERVED[6]

Footnotes: --- (6) ---

Editor's note— Ord. No. 2008-54, § 5, adopted March 20, 2008, effective April 1, 2008, repealed Art. VI, § 3-60, which pertained to notice requirements. See also the Code Comparative Table.

Secs. 3-60—3-69. - Reserved.

ARTICLE VII. - RESERVED[7]

Footnotes: --- (7) ---

Editor's note— Ord. No. 2008-54, § 6, adopted March 20, 2008, effective April 1, 2008, repealed Art. VII, §§ 3-70—3-76, which pertained to guidelines. See also the Code Comparative Table.

Secs. 3-70—3-79. - Reserved.

ARTICLE VIII. - RESERVED[8]

Footnotes: --- (8) ---

Editor's note— Ord. No. 2008-54, § 7, adopted March 20, 2008, effective April 1, 2008, repealed Art. VIII, § 3-80, which pertained to "R" Classifications; Reporting Requirements. See also the Code Comparative Table.

Secs. 3-80—3-89. - Reserved.

ARTICLE IX. - RESERVED[9]

Footnotes: --- (9) ---

Editor's note— Ord. No. 2008-54, § 8, adopted March 20, 2008, effective April 1, 2008, repealed Art. IX, §§ 3-90, 3-91, which pertained to discontinuance of sale of alcoholic beverages for specified periods of time; effect on zoning; exceptions; extensions. See also the Code Comparative Table.

Secs. 3-90—3-99. - Reserved.

ARTICLE X. - RESERVED[10]

Footnotes: --- (10) ---

Editor's note— Ord. No. 2008-54, § 9, adopted March 20, 2008, effective April 1, 2008, repealed Art. X, §§ 3-100—3-102, which pertained to revocation of wet zoning. See also the Code Comparative Table.

Secs. 3-100—3-109. - Reserved.

ARTICLE XI. - RESERVED[11]

Footnotes: --- (11) ---

Editor's note— Ord. No. 2008-54, § 10, adopted March 20, 2008, effective April 1, 2008, repealed Art. XI, §§ 3-110—3-117, which pertained to bottle clubs. See also the Code Comparative Table.

Secs. 3-110—3-119. - Reserved.

ARTICLE XII. - RESERVED[12]

Footnotes: --- (12) ---

Editor's note— Ord. No. 2008-54, § 11, adopted March 20, 2008, effective April 1, 2008, repealed Art. XII, §§ 3-120—3-128, which pertained to clubhouses. See also the Code Comparative Table.

Secs. 3-120—3-129. - Reserved.

ARTICLE XIII. - CONVENTION CENTERS