Feb. 14, 2011

Local lawyer gives Centre ordinance the once-over

By Shane Givens, Esq.

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CENTRE — As most people know by now, the Centre City Council passed Ordinance 11-271, the city's Alcoholic Beverage Ordinance (ABO), on Jan. 25. The 30-page document, among other things, details the city's policies on the possession, sale, and consumption of alcohol within the municipality.

The ABO's main goal is to outline which establishments can sell and/or serve alcohol and where alcohol can be sold or consumed. To accomplish this goal, the ABO breaks down requirements by business class.

The main allowed classifications of establishments are as follows:

Class I Club – An organization with at least 150 “paid-up” members organized for national, social, patriotic, political, athletic, or other non-profit purposes. A class I Club must maintain a specific location where food is habitually served. It must have regular meetings, be operated by elected officers, and collect dues from its members.

Class II Club is similar to a Class I Club, except it must have at least 100 paid members. Also, a Class II Club is not required to serve food.

Convenience Store – In common terms, a gas station that has no more than 25 percent of its floor space dedicated to the sale of alcoholic beverages.

Grocery Store – Self explanatory; however the grocery store's alcohol sales must be less than 10 percent of its annual income and it must have at least 10,000 sq. ft. of floor space.

Hotel – includes motels, but excludes rooming or boarding houses.

Hotel Lounge – must be within a hotel that has at least 25 rooms or units. Alcohol sales must constitute no more than 20 percent of the total receipts of the hotel. Further, the lounge must be at least 500 sq. ft. and be equipped with tables and chairs to seat at least 25 people. No one under 21 may enter.

Package Store – a store dedicated to the sale of alcohol for off-site consumption. It must have at least 500 square feet of floor space open to patrons, and cannot sell grocery or clothing items. Further, it must have at least $5,000 of inventory at all times. No one under 21 may enter.

Restaurant, Class I – Must have at least 1,000 sq. ft. and be equipped to seat at least 50 people. The kitchen must be separate from the dining area but must be connected to the building. It must serve at least two meals a day, at least five days a week. The gross receipts from serving meals in any 90-day period must constitute at least 50 percent of total gross receipts.

Restaurant, Class II – Similar to a Class I Restaurant, except it is only required to serve one meal a day for each day it is open. Also, the gross receipts from serving meals in any 90-day period must constitute at least 35 percent of total gross receipts.

After defining several different types of approved establishments, the ABO works to explain where these businesses may be located and when they can serve or sell alcohol.

Generally, no business approved for on-premises consumption of alcohol may be located less than 200 ft. from a church, school, or child development facility. Likewise, no business approved for off-premises consumption may be located within 150 ft. of a church, school or child development facility.

If the business has a Class I or Class II Club, or Class I Lounge Liquor License it must be at least 2,500 feet from a church, school, or child development facility.

These distances are measured from the closest wall of the church, school, or child development facility to the closest wall of the business. Further, if any business serves alcohol outside its building, for example on a deck or patio, a fence no less than six feet high must surround the area.

Businesses approved for on-site consumption may serve alcohol from 9 a.m. until midnight, Monday through Friday and 9 a.m. until 2 a.m. on Saturday. However, alcohol may be sold up to 2 a.m. of New Year's Day, regardless of what day of the week Jan. 1 falls on. Off-site approved businesses may serve from midnight Monday to 2 a.m. the following Sunday.

The ABO also makes it clear that it is unlawful for any approved premises to have topless or bottomless servers, dancers, performers, etc.

Centre City Clerk Mary Lee Tucker told The Post only two businesses in town have returned their completed applications to her, so far.

“So far we've received the application paperwork from two businesses: Wal-Mart and the Gridiron,” Tucker said Thursday.

Tucker said the Gridiron has applied for a Class I Restaurant license and Wal-Mart has applied as a Grocery Store. Tucker said she expects the City Council to vote on both applications at its next meeting on Feb. 22.

“If the Council approves them, we will fax the applications for the ABC Board for final approval,” she said.

Full copies of the ABO are available at City Hall on Main Street.