§ 5-32 — Certain licensee and employee prohibited acts

§ 5-32. - Certain licensee and employee prohibited acts.

No mixed beverage, beer and wine, bottle club, caterer, charitable event, public event or special event licensee or any employee, manager, operator or agent of a licensee shall: (1) Consume or be under the influence of alcoholic beverages during the hours he or she is on duty; for the purposes of this section, licensees will be deemed to be on duty from the time the licensee first comes on duty until the time the licensee goes off duty at the end of the shift, including any break periods permitted by management; this paragraph shall not apply to any person who works on the premises as an entertainer only; (2) Permit or tolerate any conduct or language which is intended to threaten another with physical harm or any fighting or offensive physical contact, in or upon the licensed premises or areas outside the licensed premises which are controlled by the licensee; (3) Permit empty or discarded alcoholic beverage containers to be in public view outside the licensed premises; all empty or discarded containers shall be disposed of in accordance with ABLE Commission rules and regulations; (4) Permit any illegal gambling activity, violations of the state narcotic and dangerous drug laws, prostitution activity or any other criminal conduct to occur on the licensed premises; (5) Refuse or fail to promptly open a door to the licensed premises upon request of an employee of the ABLE Commission or any other law enforcement officer to enter the premises when the licensee or employee knows or should know that such request is made by an employee of the ABLE Commission or a law enforcement officer; this provision shall not be construed to deny employees of the ABLE Commission or law enforcement officers access to any licensed premises; (6) Permit a sealed or unsealed container of alcoholic beverage to be removed from the licensed premises; provided, that restaurants, hotels and motels may permit the removal of closed original wine containers the contents of which have been partially consumed; and the provisions of this paragraph shall not be construed to prohibit or restrict: a. hotels or motels who are holders of mixed beverage or on-premises beer and wine licenses from allowing alcoholic beverages to be served away from the bar area anywhere on the licensed premises, b. licensees, who are lawfully operating in a facility or on property owned or operated by any agency, political subdivision or public trust of this state, from allowing persons to transport alcoholic beverages from one licensed premises to another within the same building or property, provided that the building or property or a part thereof is defined as a common drinking area for consumption of alcohol by resolution or ordinance; or c. licensees, who are licensed to operate in a facility or on property owned or operated by any agency, political subdivision or public trust of this state, from allowing other licensees to operate on their licensed premises for events that are temporary in nature; provided, in the event that multiple licensees are operating in a facility or on property owned or operated by any agency, political subdivision or public trust of this state, each licensee shall be responsible for violations occurring in their area designated to be their temporary licensed premises; or (7) Destroy, damage, alter, remove or conceal potential evidence, or attempt to do so, or refuse to surrender evidence when lawfully requested to do so by an ABLE Commission inspector, agent, or any other law enforcement officer, or incite another person to do any of the above.

(Ord. No. 26047, § 2, 11-20-18)