§ 10-3. Sale or distribution in theaters; distribution at events or performances held for religious or charitable purposes.

It shall be unlawful for any person to sell, barter or give away any alcoholic beverages on the floor, in the boxes or among the audience at any theater, variety show or theatrical performance within the city; provided, however, that champagne may be given away to holders and purchasers of tickets on the premises to any event or performance held in any theater or at any variety show so long as the event or performance is held strictly and solely for religious or charitable purposes, and the sponsor thereof has been first issued a permit to hold the event or performance by the director, without securing the appropriate city liquor license as required by section 10-110, so long as the event or performance is held and conducted in compliance with the following conditions:

(1)

All persons or entities, business or otherwise, before holding and conducting events or performances at any theater or variety show, for charitable or religious purposes, at which champagne is proposed to be given away, shall first make written application for a permit to do so, not less than 20 days prior to the event, to the director, on forms provided by the director. Each application shall include:

a.

The date the event or performance is to be held, the address of the location where the event or performance is to take place, and a description of the proposed event or performance.

b.

The name, address or headquarters of the person applying for the permit.

c.

If the applicant is not an individual, the names and addresses of the applicant's principal officers and managers.

d.

The name and address of the person or organization for whose benefit the religious or charitable event or performance is being held, and, if an organization, the names and addresses, if any, of the organization's principal officers.

e.

A statement to the effect that the proposed event or performance is solely and strictly for the raising of funds for charitable or religious purposes.

f.

A statement to the effect that no person or organization other than the one designated as the beneficiary of the event or performance held for charitable or religious purposes shall receive or share in any part of the proceeds of the event or performance remaining over after deductions for necessary expenses related thereto, and also to the effect that the entire amount of the net proceeds shall be paid over to the beneficiary.

g.

The truth of all statements and answers made in the application shall be sworn to, to the best knowledge and belief of the applicant, and the application shall be notarized.

(2)

The director may impose any reasonable restrictions on the giving away of champagne. No person under 21 years of age shall be given or receive any free champagne at any permitted event or performance, nor shall any free champagne be dispensed at the event or performance between the hours of 10:00 p.m. and 6:00 a.m. of the following day. The director may also make reasonable restrictions relating to the event or performance.

(3)

All restrictions made pursuant to this section shall be binding on the permitted sponsor, and a recital shall be made in the application for the permit under this section to the effect that the applicant shall agree to be bound or bind the organization by all restrictions made and provided by the director respecting the event or performance described in the application. Only 1 permit shall be granted for the duration of any single event or performance covered under this section

(Ord. No. 000056, § A, 2-22-00; Ord. No. 160958 , § 1, 1-26-17)