2023-79 Ordinance Amending City Code Chapter 52 Alcoholic Liquor

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operated businesses. Those license holders that are not currently in compliance with the limitations as of December 4, 2017 shall be allowed to sell alcoholic liquor for consumption off the licensed premises only. (Amended, Ordinance No. 2017-54, December 4, 2017) Class B, under which alcoholic liquors may be sold only in packages for consumption off the licensed premises, which said Class B license shall not be issued for any premises located within One Thousand (1,000) feet of any church, school, park or subsidized disabled adult and elderly multi-story housing facility, unless the sale of alcoholic liquors is not the principal business carried on at any such location by such licensee, nor shall such Class B license be issued for any premises situated in any Residence, Office or Park Mobile Home District established by the Zoning Ordinance. The prohibition regarding distance from churches, schools, parks, or subsidized disabled adult and elderly multi-story housing facilities shall not apply to premises licensed on October 4, 2004, and continuously so licensed since that date. The restriction of off-premise sales shall not apply to sampling or test marketing. Videoag ming shall be prohibited in establishments that possess a Class B license. (Amended, Ordinance No. 2004- 55, July 6, 2004) (Amended, Ordinance No. 2001-67, September 4, 200 1) (Amended, Ordinance No. 97-47, June 2, 1997) Class BYOB, under which a licensed business premises that is not licensed to sell alcohol is authorized to allow for the consumption of beer and wine brought onto the premises by a patron over the age of twenty-one (2 1) for on-site consumption on the premises of a restaurant, which does not otherwise possess a City of Decatur liquor license. BYOB shall only be permitted in conjunction with the purchase of and consumption of a meal, is limited to the licensed premises, and is limited to no more than one (1) seven hundred fifty (750) milliliter bottle of wine or thirty-six (36) ounces of beer. The establishment may provide glassware and ice to patrons, and may uncork, pour, serve or otherwise control the consumption of the beer or wine. A certificate of insurance reflecting coverage for dram shop or equivalent liability for BYOB service shall be provided upon application. Video gaming shall be prohibited in establishments that possess a Class BYOB license. Class C, under which only a club shall be licensed and alcoholic liquor may be sold for consumption on or off the licensed premises only to members of such club and invited guests of said members personally being attended by a member, which said Class C license shall not be issued for any premises situated in any Residence, Office, Park Mobile Home or Neighborhood Shopping District established by the Zoning Ordinance unless the licensed premises are a club house connected with a private golf course. Such club must be a fraternal and/or non-profit entity verified through the Internal Revenue Service and in continuous existence and operation for at least five (5) years prior to application for a Class C license and such club will own the property where the club is located. Class D. under which the licensed premises may only be a hotel having not less than 4-99 50 rooms used for the sleeping accommodations of guests, or a motel having not loss than 100 sueh Teems and having the same accommodations as a hotel, which said Class D license shall not be issued for any premises situated in any Residence, Office, Park Mobile Home or Neighborhood Shopping District established by the Zoning Ordinance. A Class D license shall authorize the sale of alcoholic liquor to be sold for consumption on the licensed premises only