Sec. 6-190Prohibitions

(a) No bottle or other container of alcoholic beverages shall be in the possession or under the control of any owner, licensee, employee, or agent of such establishment at any time, provided the licensee is not the holder of any other license for the sale of alcoholic beverages. Possession of such bottle or container of alcoholic beverages shall be prima facie evidence of the violation of this provision. Bottles or other containers of alcoholic beverages must remain in the possession of or under the control of the person bringing such bottle or container into an establishment permitting brown bagging.

(b) The above regulation shall not apply during legal hours for sale to those establishments holding brown bagging permits which also hold the appropriate consumption-on-the-premises license.

(c) Establishments holding brown bagging permits shall not deny or restrict the privilege of brown bagging by patrons or impose any admission charge, cover charge, or minimum charge on brown bagging patrons that is not also imposed upon all other patrons during the legal hours for sale and consumption of alcoholic beverages.

(d) Brown bagging is prohibited at any time after 12:00 midnight on Saturday and on any other day of the week between the hours of 1:00 a.m. and 6:00 a.m. Brown bagging shall be prohibited on Sundays, Christmas Day, and any other day upon which the sale of alcoholic beverages is prohibited by state law.

(e) No retailer with a brown bagging license shall operate or allow the congregation of patrons within the premises of said building or the curtilage surrounding such premises, of which the retailer has control, between the hours of 1:00 a.m. and 6:00 a.m. of each day.

History: (Ord. No. 2012-07, § 2(Exh. A), 12-6-2012)