§ 26-51. Restrictions.

(a)

Any establishment which receives a license under this article shall comply, as a condition of the license, with the following requirements, which are intended to provide reasonable assurances that the quiet, safety and cleanliness of the premises and vicinity are maintained:

(1)

Noise.

a.

All amplified music, speech or noise shall be contained within a building on the premises. No amplified equipment, including speakers and bullhorns, shall be so positioned to direct music or other sound outside the building. The establishment shall provide adequate ventilation within the structure such that all windows shall be closed during amplified entertainment and exterior doors shall be open only for the passage of employees and patrons.

b.

No employee or patron shall vocally promote entertainment provided on the premises by shouting or the use of a bullhorn, amplified microphone, or speakers outdoors.

c.

A licensee shall not make, cause to be made or otherwise allow any loud or unreasonable noise to emanate from the establishment. Noise shall be deemed to be unreasonable when it disturbs, injures or endangers the peace or health of neighboring persons of ordinary sensibilities or when it endangers the health, safety or welfare of the community. Any such noise shall be considered to be a noise disturbance and public nuisance. The prohibitions of this section shall apply whether or not the noise exceeds the decibel levels set forth in section 28-53(e).

(2)

Hours of operation.

a.

The hours of operation for entertainment shall be from 9:00 a.m. to 1:00 a.m. on Monday, Tuesday, Wednesday, Thursday and Friday, and from 9:00 a.m. to 2:00 a.m. on Saturday, and from 11:00 a.m. to 2:00 a.m. on Sunday. No patron shall be permitted to consume alcoholic beverages after the closing hour.

b.

No patron shall be admitted to the premises after the closing hour. All patrons shall leave the licensed premises within thirty (30) minutes after the closing hour.

c.

The licensee and employees of the premises may remain on the premises after closing for the purpose of cleaning, maintenance, security, food preparation, and closing the business.

d.

Establishments that serve alcohol shall not conduct events directed to persons under age twenty-one (21) (e.g., "teen nights" and "18 and over" parties) except for such events at which alcohol is not served and which events take place in a portion of the establishment that is fully and securely separated by walls, dividers or other code-compliant barriers from areas where alcohol is served or consumed.

(3)

Maintenance, design and security.

a.

All licensees shall maintain efficient and affirmative supervision over the conduct of their patrons in the licensed premises or on sidewalks contiguous to the licensed premises, to include maintaining free and clear passage on public rights-of-way, on real property owned or leased by the licensee on which the licensed premises are located, and in parking areas owned or leased by the licensee for use by patrons of the licensed premises.

b.

All licensees shall be responsible for maintaining all outdoor space on the premises, including parking areas, decks, seating areas and all other lands owned or leased by the licensee, and on all abutting public sidewalks of the premises. All such outdoor space shall be kept clear of litter and cleaned daily within eight (8) hours after each closing.

c.

Entertainment shall be inside the building in locations designated in the application to minimize noise or other nuisances affecting adjacent property.

d.

The licensee shall not knowingly admit to the premises any person who is then under the influence of intoxicating beverages or of drugs, nor shall the licensee knowingly permit the possession, sale or use of illegal narcotics or hallucinogenic drugs on the premises.

e.

All fights, disturbances, violence or any other violation of law shall be reported to the police immediately by the licensee or employees of the establishment.

f.

All establishments which serve alcoholic beverages shall comply with and be operated in accordance with all applicable Federal, State and City regulations.

g.

The establishment shall implement other conditions and/or management practices necessary to ensure that management and/or patrons of the establishment maintain the quiet, safety and cleanliness of the premises and the vicinity of the use.

h.

The licensee shall take all reasonable measures to ensure that public sidewalks and private ways adjacent to the premises are not blocked by patrons or employees and shall provide security whenever patrons gather outdoors.

i.

Employees of the establishment shall be posted at all entrances and exits to the establishment during the period from 10:00 p.m. to such time past closing that all patrons have left the premises. These employees shall take reasonable steps to prevent patrons waiting to enter the establishment and those exiting the establishment from disrupting the quiet and cleanliness of the neighborhood as they leave the establishment.

(b)

Whenever a licensee allows a promoter to use the premises for a particular entertainment event, the licensee shall inform the promoter of the requirements of this article and shall, at least five (5) days prior to the event, obtain the promoter's agreement to abide by those requirements, provided that the licensee shall remain responsible to the City for compliance with this article.

(Ord. No. 720, § 11-6(f), 12-4-2012)