§ 10-337. Package sales licenses; prohibitions and requirements.
(a)
No package sales licensee, nor employee of the licensee, shall permit any person to consume alcoholic beverages upon the licensed premises. A package sales licensee that has a tasting license under the provisions of section 10-114 may allow wine malt beverage and distilled spirit tasting on the licensed premises.
(b)
No package sales licensee, nor employee of the licensee, shall sell, dispense or give away any alcoholic beverages upon the licensed premises except in the original package unless:
(1)
Authorized to sell growlers. Any person who is licensed to sell intoxicating liquor in the original package at retail may sell between 32 and 64 fluid ounces of craft draft beer to customers in a container or growler filled by any employee of the retailer on the premises for consumption off such premises. No vessel or container manufactured for and previously used to store or transport any product or liquid other than craft beer filled pursuant to this section shall be used as a growler. The only draft beer that can be sold is that which comes from a craft brewery which has an annual production of less than 6,000,000 barrels. Any employee of the licensee shall be at least 21 years of age to fill containers with draft beer.
(2)
Containers and labeling for growlers. Containers that are filled or refilled of draft beer as outlined in this section shall be affixed with a label or a tag that shall contain the following information in type not smaller than three millimeters in height and not more than 12 characters per inch:
a.
Brand name of the product dispensed;
b.
Name of brewer or bottler;
c.
Class of product, such as beer, ale, lager, bock, stout, or other brewed or fermented beverage;
d.
Net contents;
e.
Name and address of the business that filled or refilled the container;
f.
Date of fill or refill;
g.
The following statement: "This product may be unfiltered and unpasteurized. Keep refrigerated at all times."
(3)
The filling of containers with a tube. The filling and refilling of containers by a retailer or its employees shall only occur on demand by a customer and containers shall not be prefilled by the retailer or its employee.
a.
Containers shall be filled or refilled from the bottom of the container to the top with a tube that is attached to the malt beverage faucet and extends to the bottom of the container or with a commercial filling machine.
b.
A different tube from the container shall be used for each filling or refilling of a container.
c.
When not in use, tubes to fill or refill shall be immersed and stored in a container with liquid food-grade sanitizer.
d.
After filling or refilling a container, the container shall be sealed.
(c)
No malt liquor package sales licensee, nor employee of the licensee, shall possess or permit alcoholic beverages, other than those allowed for sale by the license, upon the licensed premises.
(d)
A package sales licensee whose place of business remains open on days or during the hours when the sale of alcoholic beverages is prohibited by section 10-333 shall, during the times as sale is prohibited, segregate alcoholic beverages in a storage space inaccessible to the public, or cover or enclose alcoholic beverages by means of a slip cover constructed from substantial material and secured in a manner whereby the public shall not have access.
(e)
No package sales licensee, nor employee of the licensee, shall sell or give away any drug, or controlled substance to any person, provided that nothing in this section shall prohibit the licensee, any of its employees or any other person from possessing or using a drug, medicine or controlled substance in a lawful manner, provided that this shall not apply to a licensee lawfully doing business as a pharmacy duly licensed under state or federal law or a licensee with an average of 80 percent or more of its total gross receipts from nonalcohol and nondrug sales.
(Ord. No. 000056, § A, 2-22-00; Ord. No. 050847, § 1, 8-25-05; Ord. No. 160282 , § 1, 4-28-16; Ord. No. 160945 , § 1, 1-26-17)