Sec. 3-174. Protection of minors in entertainment establishments.
(a) Purpose. The purpose of this section is to protect minors and to protect against underage drinking in entertainment establishments licensed for on-premises consumption.
(b) Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adequate security measures means security measures that are adequate for the policing and enforcement of this chapter, which measures shall include:
(1) Adequately lighted performance areas where alcoholic beverages are sold, served, or consumed or, in the case of civic center arenas or stadiums, performance areas that have segregated sections set apart for the selling, serving, or consuming of alcoholic beverages, which sections are limited to persons 21 years of age and above;
(2) Tamperproof measures that identify persons of legal drinking age; and
(3) Provision of a sufficient number of security personnel based on the size or anticipated size of the audience or based on a prior history for the same or a similar event.
Adequately lighted means ambient lighting that is adequate for the purposes of observing the operation of or patrons within the premises, but which does not include as a light source lighting that emanates from a screen or theatrical lighting directed toward the staging area.
Entertainment means sporting events and live or taped shows or performances, such as plays, motion pictures, concerts, music venues, circuses, and dance routines, performed or conducted by actors, dancers, musicians, disc jockeys, or other performers.
Licensed dinner entertainment establishment means a restaurant that is a licensed entertainment establishment.
Licensed entertainment establishment means an establishment that sponsors, provides, or has entertainment, which activity may or may not require privilege licensing, and that is licensed to sell alcoholic beverages for on-premises consumption.
Nonlicensed area means an area, which includes a performance area, that is within the same building as and that is under common ownership, possession, and control with a licensed entertainment establishment, but which area is not licensed to sell alcoholic beverages for on-premises consumption.
Open-air performance area means a performance area that is in an outdoor amphitheater, park, or other open space, and which may be covered by a temporary tent or enclosure for protection from the elements.
Performance area means that portion of the establishment where entertainment is provided and shall include the staging or screening area and the seating section or other area where patrons view the entertainment. The term shall not include areas or rooms separated from the performance area by a wall or partition which cannot be reached or accessed except through a door or doors.
Restaurant means that portion of an establishment:
(1) That is licensed pursuant to this chapter as a restaurant liquor retailer; or
(2) That is licensed pursuant to this chapter to sell beer or table wine for on-premises consumption and which meets the definition of a restaurant under the state alcoholic beverage control laws and this chapter.
Sporting event means live or taped sporting events which include athletic competitions, team sports, sporting exhibitions, equestrian events, and figure skating.
Staging area means that part of a performance area that is used to present or contain the entertainment such as stages, rings, rinks, and band stands.
(c) Minors prohibited in licensed entertainment establishments. It shall be unlawful for any licensee, directly or indirectly by the owner, manager, servant, agent, or employee of the same, or for any owner, manager, servant, agent, or employee of the same to admit within a non-licensed area, or a concession or performance area of a licensed entertainment establishment as a patron a person under the legal drinking age.
(d) Exemptions. Subject to state and local laws concerning alcoholic beverages and minors, the prohibition in subsection (c) of this section shall not apply:
(1) To the performance area of a licensed dinner entertainment establishment provided:
a. The performance area is adequately lighted at all times that alcoholic beverages are being served or consumed;
b. A full menu of food items shall be available for service and consumption at all times that alcoholic beverages are being served or consumed within the performance area and if food service or consumption is suspended within the performance area by the establishment during a show or performance, then the establishment shall also suspend the service and consumption of alcoholic beverages within the same performance area; and
c. Within the performance area, alcoholic beverages shall be served and consumed only at tables used for dining.
(2) To nonlicensed areas if such areas are separated from licensed performance areas by a partition or wall sufficient to control access and the access points are controlled by management.
(3) To concession areas that are outside of or separated from the performance area if:
a. There is a partition or wall separating the concession area from the performance area that is sufficient to control access and access points are controlled by management;
b. The concession area is adequately lighted at all times that alcoholic beverages are being sold, served or consumed thereon; and
c. Alcoholic beverages are not removed or allowed to be removed from the concession area.
(4) To performance areas of licensed entertainment establishments that have adequate security measures in place, and that do not have stadium or row seating in the performance area, except for open-air performance areas.
(5) To performance areas of civic center arenas or stadiums, which includes sports stadiums, that have adequate security measures in place.
(e) Pre-approval of premises.
(1) The chief of police, or his designee, may require any entertainment establishment to submit for approval plans evidencing compliance with the provisions of this section which includes plans for security, lighting, access, and identification of persons of legal drinking age. In such event, failure to follow or operate in accordance with the approved plans shall constitute a violation of this section.
(2) An entertainment establishment may request of the chief of police, or his designee, a pre-approval of plans evidencing compliance with the provisions of this section which includes plans for security, lighting, access, and identification of persons of legal drinking age. In such event, failure to follow or operate in accordance with the approved plans shall constitute a violation of this section.
(f) Preservation of alcoholic beverage laws. Nothing in this section shall be construed to allow activity which is contrary to state or local alcoholic beverage control laws which includes without limitation laws regulating minors and laws regulating admittance by persons under 19 years of age to alcoholic beverage lounge licensees.
(Ord. No. 11-654, § 1, 9-22-2011)
(Ord. No. 26-245, § 1, adopted 3-26-2026; published 4-1-2026)
