“Retail licenses” permit sale of alcoholic liquor by the drink at retail, and only permit on-premises consumption.
(a) It is unlawful for any retail licensee, except for supper clubs and those establishments previously approved for window or drive-thru service as of May 31, 1989, to sell or serve alcoholic liquor through window or drive-thru service. A retail alcoholic liquor license shall not be granted to an establishment, other than a supper club, which provides food or beverage through window or drive-thru service. Supper club licensees must make application and receive approval to operate window or drive-thru food service only pursuant to Section 8.20.312. Existing liquor establishments approved for window or drive-thru service as of May 31, 1989, may be allowed to renew licenses and maintain such service unless the location remains without a liquor license for a period of six consecutive months.
(b) Except for live entertainment venues licensed in accordance with the provisions of this chapter, and showrooms operated by resort hotel licensees, all retail liquor establishments must be separated with a physical barrier sufficient to deny entry of minors to the area in which liquor is dispensed. Such area must be clearly marked by a sign or signs sufficient to give notice that minors are excluded there from. Unless otherwise defined in this code and as used in this section, “dispensed” means to prepare for service to the customer.
(c) Except as otherwise provided in this code, it shall be unlawful for a licensee to permit any person under twenty-one years of age to remain on the premises of any retail liquor establishment except: (1) a retail liquor licensee that also has a valid restaurant or category 2 restaurant license may permit unaccompanied minors to patronize the restaurant and/or category 2 restaurant portion of the business provided that the minors depart the business after consuming their food and do not loiter. For the purposes of this section, “loiter” means to remain in or hang around an area; (2) retail liquor licensees may allow adults accompanying minors into a restaurant and/or category 2 restaurant where alcoholic beverages are served only in conjunction with food served to tables or booths which are provided in an area separated from any bar, lounge area, or service area by a physical barrier, and only for the purposes of eating meals and that the minors depart the business after consuming their food and do not loiter; (3) live entertainment venues licensed in accordance with the provisions of this chapter; (4) showrooms operated by resort hotel licensees; and (5) bowling facilities. It is the intent of this section that minors do not loiter in a business that sells or serves retail alcoholic beverages.
(d) All liquor licensees are required to be separately licensed for each type of business activity as defined in this code, notwithstanding other provisions related to multiple gross-based business licenses, with the exception that resort hotel licensees licensed under the provisions of this chapter and Chapter 8.04 are not required to maintain multiple liquor licenses unless they operate one or more nightclub(s) as defined in this chapter. (Ord. L-233-06, § 7, 2006: Ord. L-232-05 § 68, 2005)