§ 4-51. Happy hour promotion and sales.

(a)

No licensee or employee or agent of a licensee, in connection with the sale or other disposition of alcoholic beverages for consumption on the premises, shall:

(1)

Offer or deliver any free alcoholic beverage to any person or group of persons.

(2)

Deliver more than one alcoholic beverage to one person at a time; however, nothing herein shall prohibit a brewpub from offering a sampler of malt beverages in containers not exceeding four ounces. Each sampler shall not exceed four different types of malt beverages.

(3)

Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverage at a price less than the price regularly charged for such alcoholic beverage during the same calendar week, except at private functions not open to the public.

(4)

Sell, offer to sell, or deliver to any person or group of persons an unlimited number of alcoholic beverages during any set period of time for a fixed price, except at private functions not open to the public.

(5)

Sell, offer to sell, or deliver alcoholic beverages to any person or group of persons on any one day at prices less than those charged the general public on that day, except at private functions not open to the public.

(6)

Sell, offer to sell, or deliver alcoholic beverages, including malt beverages, in any container which holds more than 32 fluid ounces (0.947 liters), except to two or more persons at any one time.

(7)

Increase the volume of alcohol contained in a drink without increasing proportionately the price regularly charged for such alcoholic beverage during the same calendar week.

(8)

Encourage or permit on the licensed premises any game or contest which involves the drinking of alcoholic beverages or the awarding of alcoholic beverages as a prize.

(b)

Each licensee shall maintain a schedule of the price charged for all alcoholic beverages to be served and consumed on the licensed premises or in any room or part thereof. The licensee shall not vary the schedule of prices from day to day or from hour to hour within a single day. The schedule of prices shall be posted in a conspicuous manner so as to be in view of the paying public and said schedule shall be effective for not less than one calendar week.

(c)

No licensee shall advertise or promote in any way, whether within or without the licensed premises, any of the practices prohibited under subsection (a) of this section.

(d)

No provision of this section shall be construed to prohibit licensees from offering free food or entertainment provided same is not done to overcome the cover charge prohibition at any time, or to prohibit licensees from including an alcoholic beverage as part of a meal package, or to prohibit the sale or delivery of wine by the bottle or carafe when sold with meals or to more than one person.

(e)

It is the intent of this section to prohibit activities typically associated with promotions referred to as "happy hour" or similarly designated promotions.

(f)

The City Manager and the Police Department shall have the responsibility for the enforcement of this article.

(g)

No licensee may require the purchase of any alcoholic beverage as a part or prerequisite to the purchase of any other product or service. If alcoholic beverages are included as part of a package of other goods and/or services, the alcoholic beverage must be priced separately and all customers must be allowed to purchase the remaining goods and services without the alcoholic beverage at a price from which the full price of the alcoholic beverage has been deducted.

(Ord. No. 07-2003, § 6-58, 7-7-2003)