ORDINANCE WHEREAS, the City of Williston has previously enacted Chapter 3 regulating alcoholic beverages, and

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1 ORDINANCE 1093 AN ORDINANCE OF THE CITY OF WILLISTON AMENDING AND REPLACING, IN ITS ENTIRETY, CHAPTER 3 ALCOHOLIC BEVERAGES OF THE WILLISTON CODE OF ORDINANCES. WHEREAS, the City of Williston has previously enacted Chapter 3 regulating alcoholic beverages, and WHEREAS, it is the intent of the City of Williston to amend and replace Chapter 3 in order to correct non-conforming licensing issues, consolidate unnecessary licenses, offer new business opportunities to its citizens while ensuring current license interests are given proper consideration, and simplifying the process of obtaining an alcohol license within the City of Williston. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF WILLISTON, NORTH DAKOTA: Chapter 3 Alcoholic Beverages of the Williston Code of Ordinances is hereby amended and replaced to read as follows: Chapter 3 ALCOHOLIC BEVERAGES Art. I. In General, Art. II. Minors, Art. III. Licenses, Art. IV. Application for License; Qualifications of Licensee, Art. V. Regulation of Licensed Premises and Patrons, Art. VI. Approval Required, Art. VII. Inspection of Premises, Art. VIII. Transferability, Art. IX. Term of Licenses, Art. X. Revocation and Suspension, Art. XI. Cashing of Certain Checks Prohibited, Art. XII. Public Hearing Shall Be Held on License Application, Art. XIII. Alleged Violation, Art. XIV. Penalties, Art. XV. Entertainment and Live Performances Upon Alcohol Beverage Licensed Premises,

2 ARTICLE I. IN GENERAL Sec Definitions. For the purposes of this chapter, the following words, terms, or phrases whenever used herein, shall have the following meaning unless from the context of the section a contrary meaning appears obvious: Alcoholic beverages means any liquid suitable for drinking by human beings, which contains one-half of one (1/2 of 1) percent of alcohol by volume. All alcoholic beverages shall be deemed intoxicating. Annual fee, as used in this chapter, means an annual recurring fee, which shall be established by resolution by the City Commission, paid by a licensee to the City for the continued right to possess and use a license that is allowed under this chapter. This term may also be referred to in this chapter as renewal fee or annual renewal fee. Barrel of beer means a cylindrical container used for holding beer not to exceed thirty-two (32) gallons of beer. Beer means any malt beverage containing more than one-half of one (1/2 of 1) percent of alcohol by volume. Brewer taproom means a brewer which brews twenty-five thousand (25,000) barrels or fewer of beer per year and produced or manufactured on the licensed premises for consumption on or off the premises, or serves beer produced or manufactured on the premises for purposes of sampling the beer. Commercial bowling facility means only such structures within which twelve (12) or more bowling lanes or alleys are maintained and operated by a commercial bowling establishment. Distilled spirits means any alcoholic beverage that is not beer, wine, or sparkling wine. Domestic distillery means an operation located within the State of North Dakota in which the owner or operator produces distilled spirits in accordance with the provisions of the North Dakota Century Code. Domestic winery means an operation located within the State of North Dakota in which the owner or operator produces wine in accordance with the provisions of the North Dakota Century Code. Growler means a sealed container not to exceed sixty-four (64) ounces that is filled with beer and sealed on site for the sole purpose of off-premises consumption. At the time of sale, the container shall be sealed with a paper or plastic adhesive band, strip, or sleeve which is applied over the top of the twist-type closure, cork, stopper, or plug in such a manner that the seal must be broken in order to open the container. The adhesive band, strip, or sleeve shall either (a) bear the name and address of the licensee-seller, or (b) have the sales receipt attached to the container. The sale of growlers in compliance with this chapter is authorized only for general microbrewery licensees approved to sell alcoholic beverages both on-sale and off-sale. The filling of growlers shall not constitute the breaking of a package, as defined in this chapter. The sale of a filled growler shall be considered off-sale. A growler with a broken seal shall be considered an open container for the purposes of the open container law under the North Dakota Century Code. 2

3 Hotel or motel, as used in this chapter, means only such structures which have seventy (70) rooms or more. Initiation Fee, as used in this chapter, means a one-time acquisition fee, which shall be established by resolution by the City Commission, paid by a licensee to the City at the time the licensee obtains a license that is allowed under this chapter. This term may also be referred to in this chapter as initial fee or initial one-time fee. Legacy License means general on sale beer and wine licenses, general on sale liquor licenses, general off sale beer and wine licenses, general off sale liquor licenses, and restaurant beer wine and liquor on sale licenses issued prior to January 1, Liquor means any alcoholic beverage except beer or wine. License Transfer means the act of disposing of a license holder s interest in a liquor license via sale or trade to an individual or a separate entity. During the period of the license, if at any point more than 50% of an entity s ownership changes, it shall be deemed a transfer. If the license is a non-transferable license, a new license must be purchased at that point. Lodge or club means any corporation or association organized for civic, fraternal, social, or business purposes, or for the promotion of sports, which has at least two hundred fifty (250) members in the City of Williston at the time of application for license under this chapter, and was in existence at the time of the adoption of this chapter. Microbrew pub means a brewer which brews ten thousand (10,000) or fewer barrels of beer per year and sells beer produced or manufactured on the licensed premises for consumption on or off the premises, or serves beer produced or manufactured on the premises for purposes of sampling the beer. Minors, for purposes of this chapter, means persons under twenty-one (21) years of age. Off-sale means the sale of alcoholic beverages in the original package solely for consumption off or away from the licensed premises where sold. An off-sale license shall authorize the licensee to conduct such off-sale at the place designated in the license. On-sale means the sale of alcoholic beverages for consumption on the licensed premises where sold. Package and original package means any container or receptacle holding alcoholic beverages which is corked or sealed by the manufacturer and which cork or seal has not been removed or broken prior to the sale of such package to the purchaser. Person shall include, where the context of the provision allows, any natural person, partnership, incorporated or unincorporated association, and bodies corporate, and any agent thereof. Premises means the distinct portion of the building, lot, or public way upon which alcoholic beverages are sold or consumed. Restaurant means a commercial establishment that is licensed to engage in the sale of alcoholic beverages at retail pursuant to this chapter, and which has a City, County or State restaurant license. Such City, County or State restaurant license shall not be a limited restaurant license. Sale means any transfer, exchange, or barter in any manner or by any means whatsoever for a consideration and includes all sales made by any person, whether principal proprietor, agent, servant, employee or corporation. 3

4 Sell at retail or sale at retail means a sale to a consumer for use or consumption and not for the purpose of resale in any form. Sparkling wine means wine made effervescent with carbon dioxide. Wholesaler means any persons engaged in the sale and distribution of alcoholic beverages at wholesale to persons holding a retail license for the sale and distribution of alcoholic beverages within the State or in interstate commerce. Wine means the alcoholic beverage obtained by fermentation of agricultural products containing natural or added sugar or such beverage fortified with brandy and containing not more than twenty-four (24) percent alcohol by volume. (Ord. No. 550, I, ; Ord. No. 619, 1, ; Ord. No. 745, 1, ; Ord. No. 1044, ) Sec Application of chapter. This chapter is declared to be an exercise of the police power directly affecting and designed to promote the peace, safety, good order, health, and well-being of the people of this city. This chapter shall apply to all territory within the city and to such outlying contiguous territory without the corporate limits within which the city may exercise police jurisdiction as defined by law. (Ord. No. 550, I, ) Secs Reserved. 4

5 ARTICLE II. MINORS Sec Possession or consumption of alcohol by persons under the age of twentyone. 1. Except as permitted in this section, an individual under twenty-one years of age may not manufacture or attempt to manufacture, purchase or attempt to purchase, consume or have recently consumed other than during a religious service, be under the influence of, be in possession of, or furnish money to any individual for the purchase of an alcoholic beverage. 2. An individual under twenty-one years of age may not enter any licensed premises where alcoholic beverages are being sold or displayed, except under the conditions stated in A violation of this section is a class B misdemeanor. For a violation of subsection 2, the court also shall sentence a violator to an evidence-based alcohol and drug education program if offered in the community. 4. The court, under this section, may refer the individual to an outpatient addiction facility licensed by the department of human services for evaluation and appropriate counseling or treatment. 5. An individual under twenty-one years of age is immune from criminal prosecution under this section if that individual contacted law enforcement or emergency medical services and reported that another individual under twenty-one years of age was in need of medical assistance due to alcohol consumption, provided assistance to the individual in need of medical assistance until assistance arrived and remained on the scene, or was the individual in need of medical assistance and cooperated with medical assistance and law enforcement personnel on the scene. The maximum number of individuals that may be immune for any one occurrence is five individuals. State law reference Similar provisions, N.D.C.C (2017 Supp.) Ord. No. 4251, 3/18/89; Ord. No. XX, (date) Sec Purchasing for or furnishing to minors. 1. Any individual knowingly delivering alcoholic beverages to an individual under twentyone years of age, except as allowed under section , or to a habitual drunkard, an incompetent, or an obviously intoxicated individual is guilty of a class B misdemeanor, subject to sections An individual under twenty-one years of age is immune from criminal prosecution under this section if that individual contacted law enforcement or emergency medical services and reported that another individual under twenty-one years of age was in need of medical assistance due to alcohol consumption, provided assistance to the individual in need of medical assistance until assistance arrived and remained on the scene and cooperated with medical assistance and law enforcement personnel on the scene, or was the individual in need of medical assistance. The maximum number of individuals that may be immune for any one occurrence is five individuals. 3. If an individual is convicted of this section for delivering alcoholic beverages to an individual under twenty-one years of age, the court shall consider the following in mitigation: a. After consuming the alcohol, the underage individual was in need of 5

6 medical assistance as a result of consuming alcohol; and b. Within twelve hours after the underage individual consumed the alcohol, the defendant contacted law enforcement or emergency medical personnel to report that the underage individual was in need of medical assistance as a result of consuming alcohol. (Ord. No. 550, II, ) Sec Prohibitions as to licensees allowing minors to enter or be upon the premises. It shall be unlawful for any licensee or any of his agents, servants, or employees to permit any minor to enter or be upon the premises where alcoholic beverages are sold or are allowed to be sold unless such minor qualifies for one of the exceptions hereinafter specifically set forth in section 3-17 of this article II. (Ord. No. 550, II, ) Sec Exceptions permitting persons under twenty-one (21) to enter or be upon the premises. Any person under twenty-one (21) years of age may remain in a restaurant where alcoholic beverages are being sold if the restaurant is separated from the room in which alcoholic beverages are opened or mixed and if gross sales of food are at least equal to gross sales of alcoholic beverages which are consumed in the dining area, or if (1) employed by the restaurant as a food waiter, food waitress, busboy, or busgirl under the direct supervision of a person twenty-one (21) or more years of age, and not engaged in the sale, dispensing, delivery, or consumption of alcoholic beverages, or (2) if the person is a law enforcement officer entering the premises in the performance of official duty or (3) any person who is nineteen (19) years of age or older but under twenty-one (21) years of age may be employed by the restaurant to serve and collect money for alcoholic beverages, if the person is under the direct supervision of a person twenty-one (21) or more years of age, but may not be engaged in mixing, dispensing, or consuming alcoholic beverages. Any establishment where alcoholic beverages are sold may employ persons from eighteen (18) to twenty-one (21) years of age to work in the capacity of musicians under the direct supervision of a person twenty-one (21) or more years of age. (Ord. No. 550, II, ; Ord. No. 628, 1, ; Ord. No. 821, ) Sec Licensee shall not sell or dispense alcoholic beverages to minors. It shall be unlawful for any licensee, or any of his agents, servants, or employees, to sell, dispense, or deliver alcoholic beverages to a minor, or to permit the consumption of alcoholic beverages upon the licensed premises by any minor, or to permit any sale, dispensing, or delivering of any alcoholic beverages to any minor. (Ord. No. 550, II, ) Sec Prohibition as to licensees allowing minors to be furnished with alcoholic beverages. No licensee shall permit any minor to be furnished with any alcoholic beverages on the premises for which a license is granted and issued pursuant to this chapter. (Ord. No. 550, II, ) Sec Statement of age may be required prior to purchase. 6

7 1. Before selling, serving, dispensing or delivering to any person any alcoholic beverages, or permitting a person to enter or be upon the premises where any form of alcoholic beverages is sold or offered for sale, a licensee, his agent, servant, or employee, may require a statement in writing and signed by such person of such person's age, in addition to requesting support of such age with other documentary proof such as a driver's license, a birth certificate, or other identification showing such persons' age. 2. A licensed retailer or an employee of a licensed retailer may seize a form of identification displayed as proof of age if the licensed retailer or an employee of a licensed retailer has a reasonable belief that the form of identification has been altered, falsified, or is being used to unlawfully obtain alcoholic beverages. 3. Within twenty-four hours of seizing a form of identification as allowed under this section, a licensed retailer or an employee of a licensed retailer shall notify a law enforcement agency of the seizure and the law enforcement agency shall take possession of the identification within twenty-four hours after receipt of the notice. (Ord. No. 550, II, ) N.D.C.C Sec False statements as to age prohibited. It shall be unlawful for any minor to make any false statement or to furnish, present or exhibit any false or fictitious registration card or other documentary proof or evidence for the purpose of gaining admission to any place where his presence is prohibited or for the purpose of procuring the sale, delivery or furnishing to him or any alcoholic beverages for consumption or otherwise, or to in any other manner misrepresent or misstate his age or the age of any other person for the purpose of purporting to show such person to be of legal age to purchase, consume, or otherwise take possession of alcoholic beverages. (Ord. No. 550, II, ) Sec Posting sign. It shall be the duty of any person who is the proprietor or keeper of a licensed premises to post conspicuously in his place of business the following sign: "Persons under the age of twenty-one (21) years not allowed here". (Ord. No. 550, II, ) Sec Violations by minors; penalty; referral to addiction facilities. Except as permitted by section 3-17, any person under the age of twenty-one (21) years of age purchasing, attempting to purchase, or being in possession of alcoholic beverages, or furnishing money to any person for such purchase, or entering any licensed premises where alcoholic beverages are being sold or displayed, except a restaurant when accompanied by a parent or legal guardian, or in accordance with section 3-17, or if the person is a law enforcement officer entering the premises in the performance of official duty, is guilty of a violation of this article. The court may refer the person to an out-patient addiction facility licensed by the department of health for evaluation and appropriate counseling or treatment. (Ord. No. 592, ) Secs Reserved. 7

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9 ARTICLE III. LICENSES Sec Required. It shall be unlawful for any person to engage in the sale of beer, liquor, wine, or other alcoholic beverages within the City without first obtaining a license or permit therefor. (Ord. No. 550, III, ; Ord. No. 1020, ) Sec Retail Licenses to Be Issued. The City shall issue retail licenses pertaining to the sale of alcoholic beverages. Such retail licenses to be issued hereunder shall consist of the following kinds: 1. general on sale beer and wine 2. general on sale liquor 3. general off sale beer and wine 4. general off sale liquor 5. hotel or motel beer, wine and liquor 6. airport on sale beer, wine and liquor 7. golf course off sale beer and wine 8. Microbrew pub license 9. Restaurant beer, wine, and liquor on-sale 10. domestic distillery license 11. domestic winery license 12. brewer taproom license (Ord. No. 550, III, ; Ord. No , ; Ord. No. 1044, ) 9

10 Sec Conditions and License Fees. 1. The following special conditions, limitations, restrictions, and license fees shall apply to the various classes of licenses as indicated below. 2. Legacy Licenses are transferable licenses. License transfers for legacy licenses occurring during the 16-year period between January 1, 2019 until January 1, 2035 shall not be subject to a transfer fee. After January 1, 2035, a transfer fee may be imposed by the City Commission which shall be set by resolution. 3. Except for the initial license fee for a "restaurant on-sale beer, wine, and liquor license," the yearly license fee may be prorated, depending upon the date of the license application, as follows: If the license is applied for during: January, February, or March, the full license fee shall be due; April, May or June, seventy-five (75) percent of the full license fee shall be due; July, August, or September, fifty (50) percent of the full license fee shall be due; and October, November, and December, twenty-five (25) percent of the full license fee shall be due. a. Legacy Licenses shall be charged no annual license fee for a period of 15 years from January 1, 2020 until January 1, 2035, regardless of whether a license transfers occurs during this period of time. 4. Any applicable initiation fee, license fee, transfer fee, and annual license fee for all alcoholic beverage licenses shall be established by resolution of the City Commission. The license fee and any initial fee must be submitted with the application for said license. The annual renewal fee for all alcoholic beverage licenses shall be established by resolution of the City Commission and must be submitted with the application for renewal. 5. A "general on-sale beer and wine license" shall authorize the licensee to sell beer and wine, at retail for consumption upon the premises of the licensee. The license fee for a general on-sale beer and wine license shall be established by resolution of the City Commission. The license fee must be submitted with the application for said license. a. If this General on-sale beer and wine license is used in a restaurant setting which intends to admit minors, the license is subject to the following specifications and restrictions: i. The restaurant is separated from the room in which alcoholic beverages are opened or mixed ii. Gross sales of food are at least equal to gross sales of alcoholic beverages. The applicant shall disclose the amount of alcohol versus food sales tax information that was reported to the State and such will be provided within seven (7) days of request to verify the fifty (50) percent requirement for food sales or they shall forfeit license. iii. Main course menu items shall be fully prepared on the premises and shall not be primarily pre-packaged, pre-processed, or pre-prepared food products intended for fast or convenient service. iv. The hours within which sales of alcoholic beverages may be made shall coincide with the hours permitted by the City of Williston for the sale of alcoholic beverages and shall also be additionally limited as set forth herein 10

11 v. The license hereunder shall be for consumption on the premises only and no sales for consumption off the premises shall be made. vi. Said restaurant shall follow all other statutes and regulations as required by North Dakota State Century Code and this ordinance. 6. A "general on-sale liquor license" shall authorize the licensee to sell intoxicating liquor at retail for consumption upon the premises of the licensee. The license fee for a general onsale liquor license shall be established by resolution of the City Commission. 7. A "general off-sale beer and wine license" shall authorize the licensee to sell beer and wine, in the original package or container at retail as provided herein. 8. A "general off-sale liquor license" shall authorize the licensee to sell intoxicating liquor in the original package at retail as provided herein. The license fee for a general off-sale liquor license shall be established by resolution of the City Commission. 9. A "hotel or motel on-sale beer, wine and liquor license" may be issued to a hotel or motel providing at least seventy (70) rooms for transient guests. Such license shall authorize the licensee to sell beer, wine and liquor for consumption upon the premises of the hotel or motel, provided that the room from which such sales are made must be physically attached to and be a part of said hotel or motel. The license fee for a hotel or motel onsale beer, wine and liquor license shall be established by resolution of the City Commission. The license fee must be submitted with the application for said license. Temporary bars may be used in banquet rooms or other areas for special events such as conventions, dinner meetings, or similar events, all of which must be held within the confines of the hotel or motel; such areas need not be designated in the license. There shall be no restrictions as to the number of licenses issued under this subsection. 10. A "specialty airport on-sale beer, wine and liquor license" may be issued to the person approved by the City Commission to operate the restaurant facilities at the Sloulin Field International Airport, or the Williston Basin International Airport, once the airport facilities are relocated and fully operational. Such license shall authorize the licensee to sell beer, wine and liquor, at retail, for consumption upon the premises of the licensee in connection with the airport restaurant, in order to provide the service desired for patrons of and visitors to such airport. The license fee for a specialty airport on-sale beer, wine and liquor license shall be established by resolution of the City Commission. The license fee must be submitted with the application for said license. Any applicant for such license shall otherwise be subject to the qualification requirements for licensees contained in this chapter. No off-sale distribution of beer, wine and liquor shall be permitted under such specialty license, and all State and municipal regulations as to hours and time of service and clientele to be served shall be observed by any such licensee. Said licensee shall be required to maintain said on-sale service of beer, wine and liquor as provided herein during all hours in which retail dispensing of alcoholic beverages is permitted under State and local law when said restaurant facility is open for business. 11. In addition to all other liquor licenses authorized by this chapter, the City Commission may issue a municipal golf course beer and wine license to an operator authorized by the Williston Park District for the purposes of selling beer and wine at the municipal golf course. Sales under this license are subject to the following condition: a. Only beer and wine sold by the operator/licensee approved by the Williston Park Board shall be consumed on the municipal golf course property. 11

12 b. All sales shall take place within the club house in a space where minors are not allowed, except for tournaments specifically authorized by the Williston Park Board during which sales may take place on the course. c. Unopened beer and wine in a manner suitably identified in the Williston Park Board s discretion may be removed from the club house to the golf course. However, opened or unopened beer and wine may not leave the golf course premises. d. Minors may be allowed in the club house where consumption takes place; however, nothing within this license shall be interpreted or construed to allow sales to or consumption by minors. e. The consumption of the beer and wine may take place within the club house or outside. f. The annual fee for the municipal golf course license shall be set by resolution of the City Commission. The license fee must be submitted with the application for said license. g. There shall be no self-serve or machine sales of beer and wine. h. The person selling the beer and wine must be twenty-one (21) years of age or older. i. The licensee/operator may be a golf-related organization recognized and approved by the Williston Park Board, or an individual approved by the Williston Park Board. 12. A microbrew pub license authorizes the licensee to produce and manufacture beer at retail for consumption upon the licensed premises, in accordance with the requirements and limitations provided in Title 5 of the North Dakota Century Code, which are incorporated herein by reference. A microbrew pub licensee is also subject to the following specifications and restrictions: a. A microbrew pub may manufacture on the licensed premises, store, transport, sell to wholesale malt beverage licensees, and export no more than ten thousand (10,000) barrels of beer per year. b. The initial fee for a microbrew pub license shall be established by resolution of the City Commission and must be submitted with the application for said license. The annual renewal fee for a microbrew pub license shall be established by resolution of the City Commission and must be submitted with the application for renewal. c. A microbrew pub license will authorize the licensee to sell: (1) Containers sealed on site, sold off-sale only; and (2) Beer that has been brewed on the premises of the licensee, which may be sold either on-sale or off-sale. d. A microbrew pub licensee may not engage in wholesaling activities. All sales and delivery of beer to any other retail licensed premises may be made only through a wholesale beer licensee. A microbrew pub licensee must comply with all statutory provisions for taxation under provided in Title 5 of the North Dakota Century Code. e. A microbrew pub licensee is not precluded from retailing beer it purchases from a wholesaler. f. Complimentary samples of beer may not be in an amount exceeding sixteen (16) ounces per patron in totality. 12

13 g. A microbrew pub licensee shall abide by the provisions of Section 3-76 of Article V of this Chapter 3, governing hours and days of sale. h. Except as modified in this subsection, a microbrew pub licensee shall comply with and be subject to all of the remaining qualifications for licensees. 13. A "restaurant on-sale beer, wine, and liquor license" shall mean a special license to sell beer, wine, and liquor on an on-sale basis only, which may be issued to an establishment providing multi-course meals as well as appetizers and desserts and which derives fifty (50) percent or more of its annual gross receipts from the sale of prepared meals on premises and not alcoholic beverages. The applicant shall disclose the amount of alcohol versus food sales tax information that was reported to the State and such will be provided to the City within seven (7) days of request to verify the fifty (50) percent requirement for food sales or they shall forfeit license. Main course menu items shall be fully prepared on the premises and shall not be primarily pre-packaged, pre-processed, or pre-prepared food products intended for fast or convenient service. The holder of a restaurant on-sale beer, wine, and liquor license shall have the right to provide an area where food and beverages are served to patrons seated at a bar type structure and where beverages are prepared for other patrons seated in the restaurant. The hours within which sales of alcoholic beverages may be made shall coincide with the hours permitted by the City of Williston for the sale of alcoholic beverages and shall also be additionally limited as set forth herein. It is the intention of this restriction that the purpose of a "restaurant on-sale beer, wine, and liquor license" is to allow the sale of alcoholic beverages as an adjunct to the restaurant operation and not that of operating a full-time liquor establishment. A recipient of a "restaurant on-sale beer, wine, and liquor license shall provide a full and complete restaurant and kitchen adequate for the preparation of food as required by this section. Such restaurant and kitchen shall be subject to approval by the Board of City Commissioners. The initial one-time fee for a restaurant on-sale beer, wine, and liquor license shall be established by resolution of the City Commission and must be submitted with the application for said license. The annual renewal fee for the license shall be established by resolution of the City Commission and must be submitted with the application for renewal. Except as modified in this subsection, a license hereunder shall comply with and be subject to all of the remaining qualifications for licenses. There shall be no restrictions as to the number of licenses issued under this subsection. A restaurant on-sale and liquor license is specific to the location listed on the original application, is not transferable on a temporary basis, and any future transfers are restricted to establishments meeting the above criteria at that location. Noncompliance will require review and possible suspension, revocation, or penalties as provided for within this chapter by the Williston City Commission. 14. A domestic distillery license authorizes the licensee to produce distilled spirits and authorizes the sale of distilled spirits in accordance with the requirements and limitations provided in Title 5 of the North Dakota Century Code, which are incorporated herein by reference. A domestic distillery licensee is also subject to the following restrictions and conditions: a. A domestic distillery licensee may sell spirits produced by that distillery at on-sale or off-sale, in retail lots, and not for resale, and may sell or direct ship its spirits to persons inside or outside the State in a manner consistent with the laws of the place of the sale or delivery in total quantities not to exceed twenty-five thousand (25,000) gallons in a calendar year. Direct sales within the State of North Dakota are limited to two and thirty-eight hundredths (2.38) gallons or less per month per person for 13

14 personal use and not for resale. The packaging for spirits must conform with the labeling requirements set forth provided in Title 5 of the North Dakota Century Code. b. The initial fee for a domestic distillery license shall be established by resolution of the City Commission and must be submitted with the application for said license. The annual renewal fee for a domestic distillery license shall be established by resolution of the City Commission and must be submitted with the application for renewal. c. A domestic distillery licensee may obtain a domestic distillery license and a retailer license allowing the on-premises sale of alcoholic beverages at a restaurant owned by the licensee and located on property contiguous to the domestic distillery. A domestic distillery licensee may also own or operate a winery. d. A domestic distillery license shall only be issued to a domestic distillery owner or operator who has obtained an annual manufacturing license from the North Dakota State Tax Commissioner allowing the production of distilled spirits. e. A domestic distillery licensee shall abide by the provisions of Section 3-76 of Article V of this Chapter 3, governing hours and days of sale. f. To the extent the following activities are authorized under Title 5 of the North Dakota Century Code, the same shall also be authorized within the City: 1. A licensee may dispense free samples of the distilled spirits offered for sale. 2. Special events for which a permit has been obtained from the State Tax Commissioner allowing the domestic distillery to give free samples of its product and to sell its product by the glass or in closed containers at off-premises events are, as a result of such permit, authorized within the City. 3. Participation in Pride of Dakota events for which a special events permit has been obtained from the State Tax Commissioner is, as a result of such permit, authorized within the City. g. A domestic distillery license authorizes the licensee to sell glassware, distilled spirits literature and accessories, cheese, cheese spreads, and other snack food items. 15. A domestic winery license authorizes the licensee to operate a domestic winery and to produce and sell wine on-sale and off-sale within in the City in accordance with the requirements and limitations provided in Title 5 of the North Dakota Century Code, which are incorporated herein by reference. A domestic winery licensee is also subject to the following restrictions and conditions: a. A domestic winery license may be issued only to a domestic winery owner or operator who obtains a license from the State Tax Commissioner allowing the production of wine. b. The initial fee for a domestic winery license shall be established by resolution of the City Commission and must be submitted with the application for said license. The annual renewal fee for a domestic winery license shall be established by resolution of the City Commission and must be submitted with the application for renewal. c. A domestic winery license authorizes the licensee to sell wine produced by that winery at on-sale or off-sale, in retail lots, and not for resale, and may sell or direct ship its wine to persons inside or outside the State in a manner consistent with the laws of the place of the sale or delivery in total quantities not to exceed twenty-five thousand 14

15 (25,000) gallons in a calendar year. In addition, a domestic winery licensee may, if so authorized by a license issued by the State of North Dakota, sell beer on-sale only, provided that such on-sale beer sales shall be incidental to the sale of wine. d. A domestic winery license authorizes the licensee to sell glassware, wine literature and accessories, cheese, cheese spreads, and other snack food items. e. Direct sale by licensed wineries. 1. A licensed winery that produces no more than fifty thousand (50,000) gallons of wine per year may sell and deliver, on site or off site, the wine produced by the winery directly to licensed retailers. The licensed winery may sell and deliver wine on site to a licensed retailer who presents the retailer s license or a photocopy of the license. The winery may deliver the wine off site if the winery: i. Uses the winery s equipment, trucks, and employees to deliver the wine; ii. iii. Contracts with a licensed distributor to ship and deliver the wine to the retailer; or Contracts with a common carrier to ship and deliver the wine to the retailer directly from the winery or the winery s bonded warehouse. 2. The shipments delivered by a winery s equipment, trucks, and employees in a year may not exceed four thousand five hundred (4,500) cases. A case may not exceed 2.38 gallons of wine. 3. Individual shipments delivered by common carrier may not exceed three (3) cases per day for each licensed retailer. The shipments delivered by a common carrier in a year may not exceed four thousand five hundred (4,500) cases. A case may not exceed 2.38 gallons of wine. f. To the extent the following activities are authorized under Title 5 of the North Dakota Century Code, the same shall also be authorized within the City: (1) A licensee may dispense free samples on the licensed premises of the wines offered for sale. (2) Special events for which a permit has been obtained by the State Tax Commissioner to give free samples of its product and to sell its wine by the glass or in closed containers at off-premises events are, as a result of such permit, authorized within the City. (3) Participate in Pride of Dakota events, for which a special events permit has been obtained from the State Tax Commissioner is, as a result of such permit, authorized within the City, provided that the incidental sales of on-sale beer allowed by paragraph c. above, will not be allowed at the locations where said permits are utilized. g. A domestic winery license shall not be required for a domestic winery owner or operator possessing a license from the State Tax Commissioner allowing the production of wine and only being present within the City to utilize special event permits issued by the State Tax Commissioner. It is the intent of this exemption to not require licensure by domestic winery owners or operators, if properly licensed elsewhere, where its only presence in the City is to utilize special event permits. h. A domestic winery licensee shall abide by the provisions of Section 3-76 of Article V of this Chapter 3, governing hours and days of sale. 15

16 i. Except as modified in this subsection, a licensee hereunder shall comply with and be subject to all of the remaining qualifications for licensees. 16. A brewer taproom license authorizes the licensee to manufacture on the licensed premises, store, transport, sell, and export twenty-five thousand (25,000) barrels or less of beer annually in accordance with the requirements of provided in Title 5 of the North Dakota Century Code, as amended from time to time, which are incorporated herein by reference. A brewer taproom licensee is also subject to the following restrictions and limitations: a. The initial fee for a brewer taproom license shall be established by resolution of the City Commission and must be submitted with the application for said license. The annual renewal fee for a brewer taproom license shall be established by resolution of the City Commission and must be submitted with the application for renewal. b. A licensee may sell malt beverages manufactured on the licensed premises for consumption on the premises of the brewery or a restaurant owned by the licensee and located on property contiguous to the brewery. c. A brewer taproom licensee may sell beer manufactured on the licensed premises for off-premises consumption in brewery-sealed containers of not less than twelve (12) ounces, growlers, and in brewery-sealed kegs not to exceed 5.16 gallons. d. A licensee may sell and deliver beer produced by the brewery to licensed beer wholesalers. e. A brewer taproom licensee shall abide by the provisions of Section 3-76 of Article V of this Chapter 3, governing hours and days of sale. f. A brewer taproom licensee shall obtain any brewery license required by the State of North Dakota. g. Multiple brewer taproom licenses may be issued to the owner or operator of a brewery producing no more than twenty-five thousand (25,000) barrels of malt beverages annually. Brewer taproom licensees with multiple taprooms must produce beer at each location and the total amount of beer produced at all locations combined may not exceed twenty-five thousand (25,000) barrels of malt beverages annually. h. To the extent the following activities are authorized under Title 5 of the North Dakota Century Code, as amended from time to time, the same shall also be authorized within the City: 1. A licensee may dispense free samples of beer offered for sale. Complimentary samples may not exceed sixteen (16) ounces per patron in totality. 2. A licensee may sell and deliver beer produced by the brewery to licensed retailers within the State of North Dakota, subject to the conditions set forth in Title 5 of the North Dakota Century Code, as amended from time to time. 3. Special events for which a permit has been obtained from the State Tax Commissioner allowing the brewer taproom licensee to give free samples of its beer and to sell its beer by the glass or in enclosed containers at off-premises events are, as a result of such permit, authorized within the City, so long as notice of the special event to which the permit is issued is given to the City Auditor, who shall forward to the Chief of Police, no less than three (3) days before the event is to occur. 16

17 4. A licensee may participate in Pride of Dakota events, for which a special events permit has been obtained from the State Tax Commissioner is, as a result of such permit, authorized within the City. i. All sales and delivery of beer to licensed retailers within the State must be made in accordance with Title 5 of the North Dakota Century Code. Additional sales may be made through a wholesaler licensed in this State. Beer manufactured on the licensed premises and sold by a brewer taproom licensee directly to the consumer for consumption on or off of the premises are subject to the taxes imposed pursuant to Title 5 of the North Dakota Century Code, in addition to any other taxes imposed on brewers and retailers. (Ord. No. 550, III, ; Ord. No. 579, 1, ; Ord. No. 600, 1, ; Ord. No. 628, 2, ; Ord. No. 745, 1, ; Ord. No. 792, ; Ord. No. 799, ; Ord. No. 911, 1, 2, ; Ord. No. 946, ; Ord. No. 955, ; Ord. No , ; Ord. No. 1044, ) Sec Retail liquor license does not authorize beer sale; exception. Only the holder of a "restaurant on-sale beer, wine, and liquor license", hotel or motel beer, wine and liquor license, or specialty airport on sale beer, wine and liquor license is entitled to sell beer and wine without the purchase of a separate license for the sale of beer and wine. The holder of a retail liquor license in a class other than "restaurant on-sale beer and wine and liquor license" shall not be entitled to sell beer and wine without the purchase of a separate license for the sale of beer and wine. (Ord. No. 550, III, ; Ord. No. 911, 3, ) Sec Wholesale licenses to be issued by the state. Any person engaging in the sale at wholesale of beer and wine or liquor in this city must first procure a license from the State Treasurer for the State of North Dakota. The city shall not issue wholesale beer and wine or liquor licenses. (Ord. No. 550, III, ) Sec Special Event Alcoholic Beverage Permit Authorized. The office of the City Auditor may, by special permit, authorize an on-sale alcoholic beverage licensee to engage in the sale of alcoholic beverages at special events, public dances or music festivals on such premises as may be designated by such permit. The fee for such local special permits shall be twenty-five dollars ($25.00), and such permits shall not be valid for a period greater than fourteen (14) days and may include Sundays. 1. An alcoholic beverage licensee desiring to conduct a special event, public dance or music festival wherein alcoholic beverages will be sold, or to sell alcoholic beverages at a special event, public dance or music festival conducted by any other person who has been granted a permit to do so by the Board of City Commissioners, shall make an application for a special permit to do so to the office of the City Auditor. The application shall set forth: b. The name of the applicant; c. The time or period for which the permit is desired; d. The place where such special event, public dance or music festival is to be conducted or held. 2. Said application shall be filed on the form supplied by the City for such purposes. 17

18 3. The City Auditor shall refuse to issue such permit and shall revoke a permit already issued when it appears that: a. The permitted site is or is likely to become a public nuisance or detrimental to public morals; b. Alcoholic beverages or controlled substances are being sold or given away except as provided by such permit; c. Any of the ordinances of this City or the laws of the State are being violated; or d. The City Auditor may refer to the Board of City Commissioners, protests to the issuing of such permit that are made, either orally or in writing, by a sufficient number of people living in the neighborhood of such site for which application for such permit is made to warrant refusal or revocation of such permit as being in a public interest. 4. An applicant may appeal a decision made by the City Auditor to the Board of City Commissioners. The appeal must be filed within 30 days of the City Auditor s decision. A hearing on the appeal shall be held at the next regular commission meeting following the filing of the appeal. The appeal must be filed on a form provided by the City and signed by the applicant. (Ord. No. 550, III, ; Ord. No. 745, 1, ; Ord. No. 1049, ) Sec Special Private Groups Alcoholic Beverages Permit Authorized. Special permits to serve beer, liquor, wine or other alcoholic beverages in public buildings leased for social or business use by private groups without license fees or other charges therefor may be obtained upon compliance with the provisions of this section. 1. Qualification. The application for a permit authorized by this section must be for a temporary social or business use not open to the public at large but restricted to a particular organization temporary or permanent described in the application. The application must be for a permit to: a. Serve without charge by the applicant, his or her, or its guests as an act of hospitality. b. Serve without profit and at cost to those persons who are described in the application and who have contributed to a fund with which applicant has purchased the beer, wine, liquor or alcoholic beverage with mixes and incidentals to its service. 2. Compliance. Any person or organization operating under a special permit issued under this section shall operate in compliance with all applicable provisions of this chapter relating to alcoholic beverages except those provisions relating to licensees. 3. Application form. The application for a permit authorized by the provisions of this section shall be made to the office of the City Auditor upon forms furnished by it, and the applicant shall furnish additional information required by the City Auditor. 4. Statement. The application for a permit under this section must state that the applicant will not sell at retail any beer, wine, liquor, or other alcoholic beverages under such special permit. 5. Fee. The applicant for a permit under this section shall pay with the filing of the application a fee of twenty-five dollars ($25.00) for handling of the same. 18

19 6. Inspection of premises. The applicant for a permit under this section shall, by making such application, consent and agree that police officers may enter and inspect the leased premises or part thereof at any time to check compliance with City ordinances. (Ord. No. 550, III, ; Ord. No. 1049, ) Sec Dispensing Prohibited on Certain Days A person may not dispense or permit the consumption of alcoholic beverages on a licensed premises between two a.m. and eleven a.m. on Sundays, between the hours of two a.m. and eight a.m. on all other days of the week, or on Christmas Day or after six p.m. on Christmas Eve. In addition, a person may not provide off sale after two a.m. on Thanksgiving Day or between two a.m. and eleven a.m. on Sundays. A person that violates this section is guilty of a class B misdemeanor. (NDCC ) Sec Consumption in commercial bowling facility. Notwithstanding the definitions of "Premises" and "On-sale" in section 3-1 herein, sale and consumption of alcoholic beverages in a commercial bowling facility not specifically licensed under this chapter is not unlawful subject to the terms and conditions hereinafter provided. 1. A licensed seller may sell alcoholic beverages in a commercial bowling facility only during league play and during tournaments to actual participants. Observers may consume on the bowling premises during tournaments or league play but must purchase within the licensed facility. The licensed seller's facility must be located within the same building as the commercial bowling facility. No alcoholic beverages may be brought onto the bowling premises except as sold on-sale by the licensee. The mixing of drinks and storage of alcoholic beverages shall be restricted to the licensed seller's premises. 2. The owner of the bowling establishment and the licensed seller have consented in writing to such activity and use, and such consent shall be filed annually with the liquor license application. 3. The proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation. 4. The proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct. 5. The proposed activity will not entail unusual, extraordinary or burdensome expense or police operation. 6. The licensed facility is responsible for complying with all ordinances dealing with alcoholic beverages as though the bowling facility were a licensed premises, except minors may be present. It is the licensed seller's duty to prohibit any minor from consuming any alcoholic beverage sold by the licensee in any area where licensee is serving. 7. The privilege to sell and allow consumption in the bowling facility may be revoked by the city commission if: 19