§ 5.32.030. Classes of license.

Licenses for the retail sale of cereal malt beverages shall be of four classes as follows:

A.

Container Resale. A container retailer shall be licensed to sell at retail cereal malt beverages only in original and unopened containers and not for consumption on the premises.

B.

General Retailer. A general retailer shall be licensed to sell at retail cereal malt beverages for consumption on premises; provided, a general retailer may also sell at retail cereal malt beverages in original and unopened containers and not for consumption on the premises.

1.

At the time application for a license is submitted, a certified statement signed by the owner of such business shall be provided indicating proof that a minimum of seventy (70) percent of the total gross income of such business is derived from the sale of services or products other than cereal malt beverages. A notarized statement signed by an independent public accountant or certified public accountant who has reviewed the books of such business, shall also be provided indicating that the books of such owner have been kept in a manner to provide proof that a minimum of seventy (70) percent of the total gross income of said business is derived from the sale of services or products other than cereal malt beverages and whether or not the review of such books shows the owner's statement to be true and correct. In the case of a new business establishment where no previous records exist, the Governing Body shall determine if the type of business to be conducted shows sufficient evidence that at least seventy (70) percent of its total gross income will be derived from the sale of services or products other than cereal malt beverages.

2.

The Governing Body shall, at the time of issuing such license, state that the license is approved subject to the provisions of this section and such fact shall be endorsed on the license issued to such licensee.

3.

Such general retailer license shall continue in effect only when seventy (70) percent or more of the total gross income of such business continues to be derived from the sale of services or products other than cereal malt beverages. Such licensee shall provide an audit of the books of such business at any time during the license year when required by the Governing Body to reaffirm this fact. If such audit shows less than seventy (70) percent of the total gross income has been made from the sale of services or products other than cereal malt beverages, the Governing Body shall revoke said license.

C.

Tavern. A tavern shall be licensed to sell at retail cereal malt beverages for consumption on premises; provided, a tavern may also sell at retail cereal malt beverages in original and unopened containers not for consumption on premises.

D.

Special Event Licensee. A special event licensee shall be licensed to sell at retail cereal malt beverages for consumption on the premises described in said license for a period of one calendar year for specific events to be conducted within that calendar year as listed on the license.

(Ord. 1158 § 3, 1985)

(Ord. No. 1520, § 8, 11-1-10)