§ 3-7. Hours of sale.

The following hours of sale are hereby established for the sale of alcoholic beverages, malt beverages or wine:

(1)

Licensed retailers shall not sell distilled spirits in the package for hotel in-room service, at any time on Sundays or Christmas Day or on any other day during the hours of 11:45 p.m. and 8:00 a.m.

(2)

Licensed retailers including brewpubs and breweries shall not sell wine or malt beverages in the package for consumption off the premises, or hotel in-room service, at any time on Christmas Day, or any other day between the hours of 11:45 p.m. and 6:00 a.m., or on Sunday before 12:30 p.m. or after 11:30 p.m.

(3)

Except as set forth in subsection 3-7(4) through (6), alcoholic beverages, malt beverages or wine sold for consumption on the premises, shall not be sold on Sundays. No alcoholic beverages, malt beverages or wine for consumption on the premises shall be sold on any other day of the week between the hours of 2:01 and 8:00 a.m.

(4)

Alcoholic beverages, malt beverages and wine for consumption on premises may be sold on Sundays until 1:45 a.m. in private clubs, bona fide full-service restaurants, brewpubs, and breweries. All customers shall vacate the licensed premises by 2:00 a.m. and no drink order shall be placed or filled subsequent to 1:45 a.m.

(5)

Alcoholic beverages, malt beverages and wine for consumption on premises may also be sold on Sundays between the hours of 12:30 p.m. and 12:00 a.m. In bona fide full-service restaurants. As used in this subsection the term "bona fide full-service restaurant" shall mean an establishment which is licensed to sell alcoholic beverages, malt beverages and wines and which also meet the following additional requirements.

a.

Where meals with substantial entree selected by patrons are served;

b.

Has adequate facilities and sufficient full-time employees to prepare, cook and serve meals for consumption at tables in a dining room located in the licensed premises;

c.

Derive at least 50 percent of its total annual gross income from the sale of meals prepared, cooked and consumed on the licensed premises as determined by totaling all of combined retail outlets located on the licensed premises; and

d.

Alcoholic beverages, malt beverages and wines may only be served as an accessory to a food service.

(6)

Alcoholic beverages, malt beverages and wine for consumption on premises may also be sold on Sunday between the hours of 12:30 p.m. and 12:00 a.m. In full-service hotels and motels. As used in this subsection, the term "full-service hotel or motel" means an establishment which is licensed to sell alcoholic beverages, malt beverages and wine for which also meet the following additional requirements.

a.

Derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging;

b.

Has a bona fide full-service restaurant owned and operated by the licensee on the licensed premises;

c.

Has meeting facilities and banquet rooms capable of seating a minimum of 50 people;

d.

Pays hotel and motel taxes to the city;

e.

Advertises itself as providing short-term transient accommodations to the public on 24 hour a day basis, seven days a week; and

f.

Alcoholic beverages, malt beverages and wine shall be served in meeting room facilities from a service bar located in such room. Alcoholic beverages, malt beverages and wine shall not be served in the lounge area of a hotel or motel unless it is closed to the general public, but such area may be used for a private party catered by the hotel or motel.

(7)

Alcoholic beverages either in the unbroken package or by the drink for consumption on premises, may be sold on a primary or election day; provided, however, that no such sale shall take place within 250 feet of a polling place or of the outer edge of any building within which such polling place is established during such time as the polls are opened.

(Ord. No. 2007-14, 7-23-2007; Ord. No. 2013-05, 3-19-2013; Ord. No. 2014-04, 3-19-2013; Ord. No. 2017-07 , 7-24-2017)