§ 10-59. Right of licensee for sale by the drink; separate licenses required for package sales and sales for on-premises consumption.

(a)

A licensee for the sale of alcoholic beverages by the drink or for the consumption of alcoholic beverages on the licensee's premises shall have the right to serve malt beverages or wine or allow the consumption of malt beverages or wine on the licensee's premises during the same hours as are permitted under this article for the serving of distilled spirits by the drink.

A licensee for the sale of alcoholic beverages by the drink or for the consumption of alcoholic beverages on the licensee's premises shall have the right to serve malt beverages or wine to patrons seated in an outdoor dining area as part of the operation of a sidewalk café. A licensee operating a sidewalk café shall not have the right to serve malt beverages or wine to any person who is not seated, at a table, in a chair provided by the licensee.

A licensee for the sale of alcoholic beverages by the drink or for the consumption of alcoholic beverages on the licensee's premises shall have the ability to allow patrons or members to bring in and consume alcoholic beverages on the premises in the manner authorized by this section.

(b)

Licensees for the sale of distilled spirits by the drink, to allow the consumption of alcoholic beverages on the premises and for the sale of malt beverages by the drink, shall not permit the sale of distilled spirits by the bottle or package. These licensees shall have the right to sell wines, champagnes or malt beverages to the public by the bottle or package for consumption on the premises without the issuance of a separate retail license therefor.

A licensee for the sale of distilled spirits by the drink shall have the right to allow the consumption of alcoholic beverages by patrons seated in an outdoor dining area as part of the operation of a sidewalk café. Bottles of beer and wine shall only be transported into outdoor dining areas and/or opened in outdoor dining areas by a licensee's working employees as part of their work duties. A licensee operating a sidewalk café shall not have the right to allow the consumption of alcoholic beverages by any person who is not seated, at a table, in a chair provided by the licensee.

(c)

Notwithstanding any other provision of this Chapter to the contrary, a licensee of a Brewpub holding a valid license for the sale of alcoholic beverages for consumption on the premises shall be required to have an additional and separate license in order to engage in the retail sale of beer for off premises consumption.

(Code 1977, § 14-2133; Ord. No. 2001-88, §§ 3, 4, 11-28-01; Ord. No. 2014-17(14-O-1232), § 6, 5-28-14 ; Ord. No. 2016-18(16-O-1277) , § 3, 6-15-16)