§ 222 - First and second class licenses, granting of; sale to minors; contracting for foodservice
§ 222. First and second class licenses, granting of; sale to minors; contracting for food service
With the approval of the liquor control board, the control commissioners may grant to a retail dealer in respect to the premises wherein the dealer shall carry on business the following:
(1) Upon making application and paying the license fee provided in section 231 of this title, a first class license for the premises where such dealer shall carry on the business which shall authorize such dealer to sell malt and vinous beverages for consumption only on such premises, and upon satisfying the liquor control board that such premises are leased, rented or owned by such retail dealer and are devoted primarily to dispensing food as meals to the public, except clubs and cabarets, and that such premises have adequate and sanitary space and equipment devoted to preparing and serving meals. The term "public" shall include any part of the public as is represented by patrons of hotels, boarding houses, restaurants, dining cars and similar places where meals are served. A retail dealer carrying on business in more than one place shall be required to acquire a first class license for each place where he shall so sell malt and vinous beverages. No malt or vinous beverages shall be sold by a first class licensee to a minor. Partially consumed bottles of vinous beverages that were purchased with a meal may be removed from first class licensed premises provided the beverages are recapped or resealed.
(2) Upon making application and paying the license fee provided in section 231 of this title, a second class license for the premises where such dealer shall carry on the business which shall authorize such dealer to sell malt and vinous beverages to the public from such premises for consumption off the premises and upon satisfying the liquor control board that such premises are leased, rented or owned by such retail dealers and are safe, sanitary and a proper place from which to sell malt and vinous beverages. A retail dealer carrying on business in more than one place shall be required to acquire a second class license for each place where he shall so sell malt and vinous beverages. No malt or vinous beverages shall be sold by a second class licensee to a minor.
(3) No person under the age of 18 shall be employed by a first class or third class licensee as a bartender for the purpose of preparing, mixing or dispensing alcoholic beverages. No person under the age of 18 shall be employed by a first class or third class licensee as a waitress or waiter for the purpose of serving alcoholic beverages.
(4) A holder of a first class license may contract with another person to prepare and dispense food on the license holder's premises. The first class license holder may have no more than 75 events each year under this subdivision. At least five days prior to each event under this subdivision, the first class license holder shall provide to the department of liquor control written notification that includes the name and address of the license holder, the date and time of the event and the name and address of the person who will provide the food. (Amended 1971, No. 90, § 2; 1985, No. 99 (Adj. Sess.), § 3; No. 159 (Adj. Sess.), § 3; 1987, No. 148 (Adj. Sess.); 1993, No. 11, § 2, eff. April 27, 1993; 1999, No. 39, § 1.)