§ 5-01-035. Temporary alcoholic beverage dispenser's license.

(a)

License authorized. The governing body of the city has deemed it advisable to allow and license limited public sale of alcoholic beverages at retail and consumption on the sale premises of alcoholic beverages approved by the city clerk in specific areas of the public parks of said city, and, during community-wide celebrations, on certain other public places. Such sale shall be by responsible persons duly licensed under the Code of Ordinances, and shall be allowed for limited periods of time, as hereinafter specifically provided.

(b)

License created. There is hereby created a license, to be denominated a temporary alcoholic beverage dispenser's license. A person to whom the city has issued a current valid temporary alcoholic beverage dispenser's license will hereinafter be referred to as a temporary alcoholic beverage dispenser's licensee.

(c)

Area designated. A temporary alcoholic beverage dispenser's license shall designate specifically an area in a city park, or alternatively, other public places in the city, which area shall be used for the purposes of the license, and which area will hereinafter be referred to as a temporary alcoholic beverage dispenser's.

(d)

No other area to be used. No alcoholic beverages may be sold at retail or consumed in any city park of the city, or on any other public places of said city, whether in the central business district or otherwise, except that a temporary alcoholic beverage dispenser's licensee may use the temporary alcoholic beverage dispenser's designated on the temporary alcoholic beverage dispenser's license for purposes of retail sale, and consumption by adult consumers of alcoholic beverages on the premises of the temporary alcoholic beverage dispenser's; and provided further:

(1)

That such sale and consumption shall be limited to the designated temporary alcoholic beverage dispenser's.

(2)

The licensee must comply with all applicable laws and ordinances.

(3)

The licensee must have all of the qualifications set out in the Code of Ordinances and state statutes for an alcoholic beverage dispenser's license.

(4)

The licensee must pay a license fee of fifty dollars ($50.00) for each temporary alcoholic beverage dispenser's location.

(5)

The licensee must hold a current license from the city for the sale of alcoholic beverages or beer at retail for consumption on the premises.

(e)

Duration. The duration of a temporary alcoholic beverage dispenser's license shall not exceed three (3) days. No person shall be issued more than three (3) temporary alcoholic beverage dispenser's licenses during any calendar month. No temporary alcoholic beverage dispenser's license shall be transferred by the temporary alcoholic beverage dispenser's licensee to whom it was originally issued.

(f)

Compliance with other regulations. Each temporary alcoholic beverage dispenser's, while in operation shall comply with all of the requirements of this chapter of the Code of Ordinances relating to dealers in alcoholic beverages.

(g)

[Governmental liquor license.] Nothing in this section shall be construed as prohibiting the city from using a premise or area designated on a governmental liquor license for the retail and consumption by adults of alcoholic beverages in any city park, or on any other public place.

(Ord. No. 1303, 1-22-08; Ord. No. 1492 , art. 2, 4-14-15; Ord. No. 1518 , 7-12-16)