Legal Documents of White Pine

All beer permits shall be restrictive as to the type of beer business authorized under them.

1. Beer permits for retail sale of beer may be further restricted by the beer board so as to authorize sales only for off premises consumption. It shall be unlawful for any beer permit holder to engage in any type or phase of the beer business not expressly authorized by his or her permit. It shall likewise be unlawful for him or her not to comply with any and all express restrictions or conditions that are written into his or her permit by the beer board.

2. No on-premise permit shall be issued for a premise other than a restaurant. For purposes of this chapter, "on premise" shall include the interior of the business enclosed by permanent walls and covered by a permanent roof.

   On premise establishments must provide separate public restroom facilities for both sexes.

   1. "Restaurant" means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served, such place being provided with adequate and sanitary kitchen and dining room equipment and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. At least one (1) meal per day shall be served at least five (5) days a week, with the exception of holidays, vacations and periods of redecorating, and the serving of such meals shall be the principal business conducted, except were the restaurant is located in a hotel or motel which provides at least thirty (30) rooms or suites for guests, in which case, the restaurant business may be secondary to the hotel or motel business. A restaurant shall also be eligible for an on-premise permit hereunder if the restaurant serves at least one (1) meal a day at least four (4) days a week with the exception of holidays, vacations and periods of redecorating, and if the serving of such meals are the principal business conducted, and if such restaurant is only open for four (4) days a week. In no case shall beer be sold at times other than when meals are being served.
   2. A permit is required for all employees involved in the selling or dispensing of beer for on premises consumption. There shall be a fee imposed for such permit by resolution of city council, as it may act from time to time, in such amounts and for such duration as the council deems appropriate. Applicants for employee permits must be certified in alcohol server training under the "Training for Intervention Procedures" (TIPS) program, and maintain certification during employment, or be certified under a comparable program formally approved and adopted by the beer board. The training must include, but not be limited to, recognition of possible impairment of patrons, criminal and civil liability issues related to serving alcoholic beverages, and the legal and social consequences of unlawful consumption of alcoholic beverages.
   3. Annual sales of beer as defined in this chapter shall not exceed twenty five percent (25%) of total taxable sales for any on premise permit holder. In the application of this section, total taxable sales shall be defined as those food and nonalcoholic beverage sales subject to state and local sales taxes. It shall be a violation of this section if the beer sales exceed the twenty-five percent (25%) limit in two (2) consecutive months or three (3) months in any calendar year.
3. No off-premise permit shall be issued for a premise other than full line grocery stores, drugstores, or convenience stores. Such establishments must be constructed so that the cashier(s) or checkout counter(s) are clearly visible from a public street or shopping center parking lot. For the application of this section, a full line grocery store shall be defined as a store that maintains an inventory of staple food items including fresh meats, vegetables, produce, and fruits. A drug store shall be defined as a business whose primary business is the sale of prescription drugs and associated items. A convenience store shall be defined as a store that maintains an inventory of basic food items such as luncheon meats, snack items, milk products, bread products, and canned goods. A permit is required for all managers and other employees involved in the selling or dispensing of beer for off premise consumption. There shall be a fee imposed for such permit by resolution of city council, as it may act from time to time, in such amounts and for such duration as the council deems appropriate. The on-site manager and any other employee who makes off premises sales of beer must be certified in alcohol server training under the "Training for Intervention Procedures" (TIPS) program, and maintain certification during employment, or be certified under a comparable program formally approved and adopted by the beer board.
4. Each holder of a beer permit shall continuously maintain in Town of White Pine:
   
   
   
   1. A registered office which may be the same as the permitted place of business; and
   2. A registered agent, who shall be an individual who resides in Jefferson County and whose business office is identical with the registered office.
5. No brewer, wholesaler or manufacturer of beer, nor any agent of such brewer, wholesaler or manufacturer, shall be permitted to make a loan of money or furnish any fixtures of any kind or have any interest either directly or indirectly in the business of any retailer of beer, or in the premises occupied by such retailer. No person holding and/or exercising a valid permit issued pursuant to this chapter shall while so doing conveyor grant or contract to conveyor grant any interest in the business located at the place named on the permit, or an interest in the premise or any property therein, to any brewer, wholesaler or manufacturer of beer regulated by this chapter. No person holding and/or exercising a valid permit issued pursuant to this chapter shall incur or contract any indebtedness or financial obligation to any brewer, wholesaler or manufacturer of beer regulated by this chapter, except for the purchase of the beverages. No permit shall be granted under this chapter to any applicant who at the time of making application, is indebted or financially obligated to any such brewer, wholesaler or manufacturer, except for the purchase of the beverages. (1978 Code, § 2-208, as amended by Ord. #8-07, Oct. 2007, and replaced by Ord. #8-23, Aug. 2023 Ch15_11-07-23)