“Supper club” means a restaurant with a bar operation that may also have a lounge, conducting retail alcoholic liquor sales, where the restaurant operation is the principal business. It is the intent of this section that the service of alcoholic liquor is merely an adjunct to the meals offered by the supper club.
The following operating requirements pertain to all locations approved by the board for a supper club liquor license:
(a) It is unlawful for licensees to allow minors into any bar or lounge area in a supper club. The bar and lounge must be in an area physically separated from the dining area by barriers sufficient to prevent access thereto by minors. The barrier(s) must be in place at all times the business is open to the public, and businesses operating more than one bar and/or lounge must be licensed for each bar and maintain barriers at each bar/lounge area on the premises. Licensees prohibiting the entrance of minors, including employees onto the entire premises are not required to maintain banners. Signs excluding minors from the business must be posted at all entrances to the premises.
(b) Supper club locations that have waitresses or waiters serve alcoholic liquors to patrons away from the bar area must apply to the board and receive approval for a service bar liquor license prior to conducting such operations.
(c) Complete meals are to be served during all hours that the bar is open for business and a cook and a food server other than the bartender must be on duty at all such times.
(d) It is unlawful for a supper club to operate a buffet, buffet-style, cafeteria, or cafeteria-style restaurant as the primary food operation of the business. Supper club liquor license locations are allowed to offer buffets, buffet-style, cafeterias, and cafeteria-style food operations among their menu selections at a fixed price; however, the aforementioned food operations are only to supplement the regular menu of complete meals and a la carte items the charge of which is clearly delineated on the customer’s receipt.
(e) It is unlawful for a licensee approved by the board for a supper club liquor license to charge or collect any admission fee, including but not limited to soliciting donations or requiring ticket purchases, for entry into the licensed establishment or for the customer to participate in or view any activity taking place within the establishment.
(f) The licensee is required to maintain accurate records and supporting documents consistent with proper accounting procedures. All revenue sources at the point of sale must be clearly identified and segregated, including all revenue from any use of the licensed establishment. The sale of food must be distinguished from the sale of alcoholic liquor, including complimentary alcoholic liquor valued at the retail rate, and any other revenue sources. Every customer must be given a receipt that is produced by a mechanical or computerized system for every purchase. The receipts must distinguish food sales from alcoholic liquor sales and any other revenue sources, and a copy of the receipts, including complimentary alcoholic liquor, must be retained by the licensee for audit purposes. In addition to the receipts, the licensee must maintain a daily summary report that segregates food sales, alcoholic liquor sales, alcoholic liquor complimentaries, and any other revenue sources. All allocations of revenue must be supported with proper documentation. The receipts are subject to periodic audit to ensure that the licensee is in compliance with this section. Any audit of the amounts due must not include any period for the licensing of the business ending more than three years before the date of the audit, unless the business has been operating without such a license or the auditor has reason to believe that the business has made a fraudulent or material misstatement of its revenue.
(g) The board is empowered to determine that the restaurant operation is the principal business by an examination of the gross revenue from the sale of food as compared with the gross revenue from the sale of alcoholic liquor, including complimentary alcoholic liquor valued at the retail rate.
(h) Any supper club applicant/licensee desiring a drive-thru window for food service shall, prior to the installation and/or use of such a window, obtain board approval by making written application for same with the director. The board may, for good cause shown, approve the installation and use of a drive-thru window for food service only. The applicant/licensee must also comply with the drive-thru restrictions as provided in Clark County Code Section 8.20.312 or be subject to disciplinary action as described therein. The applicant/licensee shall further comply with all applicable zoning, building, fire, and health regulations that relate to the installation and/or use of drive-thru windows.
(i) An administrative fee in the amount of one hundred fifty dollars shall be required upon the filing of the application for a drive-thru window.
(j) The following seating requirements pertain to locations approved by the board for a supper club liquor license, based upon the date of board approval:
(1) All locations approved by the board for an initial supper club liquor license before July 1, 1987 and which have not been without a supper club liquor license for a consecutive eighteen month period, are authorized to maintain unlimited bar and lounge seating provided that such locations maintain seating at tables or booths to serve a minimum of one hundred patrons full course meals at the same time.
(2) Locations approved by the board for an initial supper club liquor license on or after July 1, 1987 must maintain the following seating:
(A) Supper clubs with seating at tables or booths to serve fifty to one hundred eighty-nine patrons full course meals at the same time are allowed a maximum of one bar seat for every fifteen restaurant seats, provided however, supper clubs which do not have a Class A slot machine license or do not permit slot machine operations on the premises are allowed a maximum of one bar seat for every eight restaurant seats, and one lounge seat for every five restaurant seats. Supper clubs initially licensed at the one bar seat to eight restaurant seat ratio which subsequently add a Class A slot machine license or allow slot machine operations on the premises must then comply with the one bar seat to fifteen restaurant seat ratio.
(B) Supper clubs with seating at tables or booths to serve one hundred ninety patrons or more full course meals at the same time are allowed a maximum of one bar seat for every eight restaurant seats and one lounge seat for every three restaurant seats.
(k) Gross Revenue Percentages. All locations must maintain food sales not less than fifty percent of the gross revenue as compared to the gross revenue from the sale of alcoholic liquor, including complimentary alcoholic liquor valued at the retail rate. (Ord. L-233-06 § 9, 2006: Ord. L-232-05 § 78, 2005)