§ 4-14.1. Sunday consumption on premises.

(a)

Notwithstanding anything in this Code to the contrary, in particular Code sections 4-14 and 4-15, any establishment holding a license for consumption on the premises which derives at least fifty percent (50%) of its total annual gross sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served, and any such licensed establishment which derives at least fifty percent (50%) of its total annual gross income from the rental of rooms for overnight lodging is authorized to apply for a Sunday sales permit to sell and serve distilled spirits, wine or malt beverages by the drink on Sunday from 12:30 p.m. until 12:00 midnight.

(b)

Applicants for a Sunday sales permit shall complete an application form and affidavit furnished by the city finance officer. Applicants shall submit to the city finance officer a certification by a certified public accountant that the applicant meets one (1) of the requirements set out in subsection (a). This certification shall be based upon a review of the applicant's total gross annual income for the licensed location during the twelve (12) months immediately preceding their application for a permit under this section. If the applicant has been in business for less than twelve (12) months at the proposed location for Sunday sales, then such certification shall be for the time that the applicant has been in business, annualized. If the applicant is filing an application for a new business, a certification from a public accountant will not be required for the initial application, but instead, the applicant must certify under oath that the person applying for the Sunday sales permit intends to meet the requirements set out in subsection (a). A certification from a public accountant will be required upon each renewal thereafter.

(c)

Upon determination by the city finance officer that the applicant is eligible for a Sunday sales permit, the city finance officer shall issue the permit, which shall be kept permanently and prominently displayed by the licensee in his place of business. It shall be a violation of this Code for any licensee to fail to display such permit as provided in this subsection.

(d)

The determination of an establishment's eligibility to obtain a Sunday sales permit shall be made annually upon the renewal of their consumption-on-the-premises license. Prior to renewal of such permit the licensee shall submit current information regarding eligibility as required in subsection (b). During the twelve-month term of the licensee's Sunday sales permit, the establishment shall remain in full compliance at all times with the requirements set out in subsection (a).

(e)

Any person who shall give materially false statements in an application for a Sunday sales permit, or who shall make Sunday sales after the licensee knows that it is no longer qualified to make Sunday sales under the provisions of this section, or who otherwise fails to comply with any of the provisions of this section shall be deemed in violation of this Code and upon conviction, shall be punished in the municipal court of the city as provided by section 1-10 of the Code. The court may in addition order the revocation of any Sunday sales permit held, and further order the revocation of any other alcohol sale license or permit held by the offender. If the establishment's license for consumption of alcoholic beverages on the premises is suspended, probated or revoked as provided in this chapter, then the permit for Sunday sales shall also be suspended, probated or revoked in the same manner.

(Ord. No. 16-12, 7-21-2016)