§ 3-3. In certain retail establishments only—For consumption on premises.

Alcoholic beverages, wine or malt beverages shall not be sold at retail for consumption on premises except in the following types of businesses:

(1)

In restaurants, other than fast food restaurants, serving prepared food which is offered to the general public. Such establishments shall be located in zoning districts which permit restaurants and shall meet the criteria set out in subsection 3-7(e) of this chapter.

For the purpose of this chapter, a fast-food restaurant is defined as a restaurant that derives more than 15 percent of its sales by use of a carry-out window serving persons outside the building, who are either on foot or who are the occupants of motor vehicles.

(2)

In hotels or motels, kept, used, maintained, advertised and held out to the general public to be a place where food is served and consumed, and sleeping accommodations are offered for adequate rates to travelers and guests, whether transient, permanent or residential, in which 15 or more rooms are used for sleeping accommodations for guests, and having one or more public dining rooms, with adequate and sanitary kitchen and with a seating capacity for at least 50 people, and where at least two meals a day are regularly served to such guests.

(3)

In private clubs organized and existing under the laws of the state, or a bona fide association of individuals organized for fraternal purposes, conducted solely for the benefit of its members and their beneficiaries, operated on the lodge system with ritualistic form of work, having a representative form of government and at least 25 regular members paying monthly dues, where no part of the net earnings of which shall inure to the benefit of any shareholder or member, provided further that no member, officer or agent, or employee of the club is compensated, directly or indirectly, by any form of commission or other compensation based on the amount of profit from the sale of alcoholic beverages, malt beverages or wine beyond the amount of such salary as may be fixed by its members or by its governing body out of the general revenue of the club. For the purpose of this subsection, tips which are added to the bills under club regulations shall not be considered as profits hereunder.

(4)

Golf course club houses.

(5)

In bowling alleys, provided that the following rules and regulations are followed:

a.

No alcoholic beverages will be served in the bowling alley, except through a service window and then only when delivered directly to the customer at that location;

b.

No alcoholic beverages will be consumed in the area of the bowling lanes, but only in a seating area set aside for spectators located separately and apart from the bowling lanes; and

(6)

Malt beverages and wine for consumption on premises, in addition to the places set out in subparagraphs a. through c. of this section, may also be sold in refreshment stands, beverages carts, or club houses located within the boundaries of golf courses.

(7)

Any licensed establishment permitting persons to bring their own alcoholic beverages into the premises for consumption on premises (brown bagging) shall comply with all requirements of this chapter regarding operation of their establishment with the exception of payment of excise taxes for drinks sold (except as to alcoholic beverages sold by them). Subject to subsection 3-7(6)(f).

(8)

In billiard hall where the game of pool is played provided the following rules and regulations are followed:

a.

The sale of alcohol beverage sales shall be limited to beer and wine only.

(9)

Brewpub eating establishments;

(10)

In a brewery subject to limitations of their state license.

(Ord. No. 2007-14, 7-23-2007; Ord. No. 2017-04 , 5-22-2017; Ord. No. 2017-07 , 7-24-2017)