Sec. 4-61. - Authority.

This article is passed pursuant to and is referable to V.T.C.A. Alcoholic Beverage Code, Sections 1.01 through 73.11, and is an exercise of the power granted to incorporated cities by V.T.C.A., Alcoholic Beverage Code, Section 109.32 to distinguish between retailers selling beer for consumption on the premises where sold and those retailers, manufacturers or distributors selling beer not for consumption on the premises where sold, and to provide for separate and distinct regulations.

(Code 1950, § 30-10; Ord. No. 23434, § 1, 8-16-56; Code 1959, § 5-12; Ord. No. 68849, § 1, 2-16-89)

Sec. 4-62. - Building requirements.

No person shall sell beer or wine at or on any premises within the city for consumption on the premises where sold unless the building housing such business conforms to the following:

(1)

Complies with the building code of the city adopted by section 6-36;

(2)

Complies with the fire prevention code adopted by section 11-31

(3)

Complies with the electrical code of the city adopted by section 10-91

(4)

Complies with the plumbing code of the city as contained in Chapter 24

(5)

Complies with the mechanical code of the city adopted by section 6-66;

(6)

Is connected to the city sanitary sewer systems, if there is a public sanitary sewer line within two hundred (200) feet;

(7)

Has adequate flush-toilet facilities and lavatory facilities with hot and cold running water from a mixing type faucet, with separate facilities for men and women, in the building where beer is consumed. Outside toilet or lavatory facilities will not constitute compliance with this section; and

(8)

Has sufficient lighting to provide illumination equal to at least 0.25 footcandle in all areas of the premises where beer is consumed. Food service sanitation regulations concerning minimum lighting equipment must be obeyed, also.

(Code 1950, § 30-20; Ord. No. 23434, § 1, 8-16-56; Ord. No. 24164, § 1, 12-27-56; Code 1959, § 5-24; Ord. No. 68849, § 1, 2-16-89)

Sec. 4-63. - Special regulations for persons serving beer.

The following regulations shall govern the operation of a beer establishment:

(1)

No person, other than the permittee or licensee, shall serve food, beer or other drink to any customer or patron unless the person so serving is legally employed by the permittee or licensee of the beer establishment.

(2)

No employee serving beer to any patron or customer shall receive as compensation, any part of the price paid by the patron or customer for such beer, nor shall the employee compensation be dependent on the amount of beer sold or served.

(3)

No person serving beer shall collect from any customer or patron, as the price of beer, more than the price paid to the bartender or cashier.

(Code 1950, § 30-21; Ord. No. 23434, § 1, 8-16-56; Ord. No. 24191, § 1, 1-3-57; Code 1959, § 5-25; Ord. No. 68849, § 1, 2-16-89)

Sec. 4-64. - Violations by persons serving beer.

Any licensee or permittee who violates any provisions of this article, or who allows on premises covered by his license or permit, any person to do the things prohibited by section 4-63 shall be guilty of a misdemeanor. Any person who does any of the things prohibited by section 4-63 shall be guilty of a misdemeanor. Any person who does any of the things prohibited by section 4-63 shall be guilty of a class "C" misdemeanor and punishable by a fine of not more than five hundred dollars ($500.00).

(Code 1950, Ch. 30, Art. 2; Ord. No. 23434, § 1, 8-16-56; Code 1959, § 5-26; Ord. No. 68849, § 1, 2-16-89)

Secs. 4-65—4-75. - Reserved.