§ 14-2. Generally applicable prohibition and requirements.

(a)

It shall be unlawful for any person to manufacture, store, receive, have in possession, transport, buy, sell, barter, exchange or deliver any alcoholic liquors in the city, except as permitted by state law.

(b)

It shall be unlawful for any person to have in his possession or to purchase or otherwise procure, within the city, any alcoholic liquors other than that as shall have been purchased from a dealer duly licensed by the state, or which does not have affixed thereto revenue stamps required under the laws of the state.

(c)

It shall be unlawful for any operator or promoter of a drinking place or nightclub, or a person or promoter within a nightclub district with a common area security office to operate their business or offer entertainment activities without an accepted safety plan.

(d)

It shall be unlawful for any operator or promoter to conduct, present or allow any entertainment activities at any location when the entertainment activities have been suspended on an emergency basis, as provided herein.

(e)

It shall be unlawful for any operator or promoter to conduct, present or allow the display of nudity, semi-nudity, specified anatomical areas or specified sexual activities, except as a duly licensed adult entertainment business.

(f)

It shall be unlawful for an operator or promoter to allow litter, debris, vomit, urine or feces to remain in parking lots and abutting streets and sidewalks after 7:30 a.m. on the morning after being open for business on the previous night.

(g)

In those zoning districts where nightclub operations are not permitted, it shall be unlawful to configure the interior arrangements of any business in such a way to convert a lawfully operating business that had been based upon an interior arrangement of tables and chairs for impact fee purposes in order to convert the business into a temporary nightclub and to offer entertainment activities, associated thereto.

(h)

It shall be unlawful to cause or allow the business to exceed the posted occupancy limits, or obstruct in any degree or manner the emergency and posted exits.

(i)

Operators have a duty to inform in writing all promoters that an individual business license and safety plan are required in order to operate, and a duty to verify compliance prior to operation. It shall be unlawful for an operator to permit or allow a promoter to engage in commercial activity on their premises without verifying the legality of the activity. Such unlawful operator activity may result in the suspension or revocation of the business license of the operator.

(j)

Those businesses that allow for the on-site consumption of beer, ale, porter and wine and that host promoters at any time shall be prohibited from operating between the hours 2:00 a.m. and 6:00 a.m. on Mondays through Saturdays. The regulated business must be closed by 2:00 a.m. and cease all commercial activity. No patrons shall be on the premises by 2:00 a.m.

(k)

Businesses that are found to be operation in violation of the requirement for a business license and safety plan for either the operator or the promoter are declared to be a public nuisance emergency, and shall be closed for business immediately upon discovery, and shall remain closed until regulatory compliance is achieved.

(l)

Businesses that are found in operation in violation of approved safety plan by either an operator or a promoter are declared to be a public nuisance emergency, and shall be closed for business immediately upon discovery, and shall remain closed until regulatory compliance is achieved.

(m)

Event promotion contract required.

(1)

No promoter shall promote or present an event except pursuant to a written contract executed between the operator and the promoter which shall include, but is not limited to

a.

A photocopy, or other legible reproduction, of the promoter's current business license issued by the city's business license division;

b.

An approved safety plan of the venue which applies to the operator, and a contingency clause that the promoter must seek and secure their own safety plan from the police department at least ten working days before the promoted event may take place;

c.

Notice of the operator to the promoter of the legally-authorized maximum occupancy limit of each room, floor or other area where the event is to occur;

d.

The legal name, physical address and contact telephone number and email for the promoter, which shall be the same as the information supplied in order to receive a business license;

e.

The number of security personnel, if any, retained by either the event promoter or the person hiring the event promoter, who will be present during the event and the name of the security personnel's employer and telephone number; and the name and date of birth of any security personnel, retained by either the event promoter or the person hiring the event promoter, who will be carrying a firearm during the event;

f.

The date(s), location and hours of the event (all events must end by 2:00 a.m.);

g.

The name of each of the event promoter's employees who will be present at the event and a general description of their respective duties.

(2)

A copy of the contract required by this section shall be kept at the site of the event for the duration of the event and shall be made available by the event promoter or his designated on-site representative for inspection upon request of the chief of police or any city official responsible for enforcing the provisions of this Code. Failure to produce the contract will cause the event to be discontinued immediately

(3)

If the parties to the contract make any changes to the terms or provisions thereof between the time the contract is executed and the time when the event occurs, those changes shall be reflected in an amended contract which shall comply with the requirements set forth above.

(Ord. No. 2014-26, 4-22-14; Ord. No. 2014-70, 9-23-14; Ord. No. 2015-64, 9-8-15)