§ 4-3. In certain retail establishments only; for consumption on premises.

(a)

Alcoholic beverages, wine or malt beverages shall not be sold at retail for consumption on premises except in the following types of businesses: In restaurants, other than fast food restaurants, serving prepared food which is offered to the general public and where chairs, tables and counters are provided to seat and serve 15 or more persons. Such establishments shall be located in zoning districts which permit restaurants and shall meet the following criteria:

(1)

Where meals with substantial entrees selected by patrons are served;

(2)

Has adequate facilities and sufficient full-time employees to prepare, cook and serve meals for consumption at tables in a dining room located in the licensed premises; and

(3)

Derive at least 50 percent of its total annual gross income from the sale of meals prepared, cooked and consumed on the licensed premises, as determined by totaling all of combined retail outlets located on the licensed premises.

For the purpose of this section, the term "fast-food restaurant" means a restaurant that derives more than 15 percent of its sales by use of a carry-out window serving persons outside the building, who are either on foot or who are the occupants of motor vehicles.

(b)

In hotels or motels, kept, used, maintained, advertised and held out to the general public to be a place where food is served and consumed, and sleeping accommodations are offered for adequate rates to travelers and guests, whether transient, permanent or residential, in which 15 or more rooms are used for sleeping accommodations for guests, and having one or more public dining rooms, with an adequate and sanitary kitchen and with a seating capacity for at least 15 people; and which have a license issued by the state. In lounges that are located within a hotel or motel and have seating accommodations for not less than 15 persons and where access to the lounge is located through the hotel or motel restaurant.

(c)

In private clubs organized and existing under the laws of the state as a bona fide association of individuals organized for fraternal purposes, conducted solely for the benefit of its members and their beneficiaries, and only operated on the lodge system with ritualistic form of work, having a representative form of government and at least 25 regular members paying monthly dues, where no part of the net earnings of which shall inure to the benefit of any shareholder or member, provided further that no member, officer or agent, or employee of the club is compensated, directly or indirectly, by any form of commission or other compensation based on the amount of profit from the sale of alcoholic beverages, malt beverages or wine beyond the amount of such salary as may be fixed by its members or by its governing body out of the general revenue of the club. For the purpose of this subsection, tips which are added to the bills under club regulations shall not be considered as profits hereunder.

(d)

In golf course clubhouses. Malt beverages and wine for consumption on premises may also be sold in the clubhouse, refreshment stands or beverage carts located within the boundaries of the golf courses.

(e)

In bowling alleys, provided that the following rules and regulations are followed:

(1)

No alcoholic beverages will be served in the bowling alley, except through a service window and then only when delivered directly to the customer at that location;

(2)

No alcoholic beverages will be consumed in the area of the bowling lanes, but only in a seating area set aside for spectators located separately and apart from the bowling lanes; and

(3)

No alcoholic beverages will be served in any part of the bowling alley prior to 6:00 p.m. Monday through Saturday.

(Code 1985, § 9-200(9-3))