§ 3-6. Hours of operation.

(a)

The hours of operation for all class A, B and R license holders shall be from 5:00 a.m. daily until 2:00 a.m. for the following day for each and every day of operation. It shall be a criminal offense, as well as a violation of this chapter, for any holder of such a retail dealer's license/permit issued under this chapter, or a servant, agent or employee of same, to dispense, in any manner, alcoholic beverages between the hours of 2:00 a.m. and 5:00 a.m. of any day.

(b)

(1)

All stores, shops, saloons or any other place of business licensed under this chapter shall be closed continuously during the designated closing times listed in the preceding paragraph of this section. During the prohibited periods, no open containers, glasses, bottles, cans or other containers holding alcoholic beverages shall be allowed anywhere on the licensed premises or property, except in a locked cabinet or cupboard; provided, that those businesses maintaining separate rooms for the conduct of business of dealing in alcoholic beverages may securely close and lock said separate rooms. Proof of the finding of any open container holding alcoholic beverages at any other place in the licensed premises during the prohibited periods shall result in a presumption that some of the contents of the container were consumed on the licensed premises on the date found and during the prohibited period and shall further result in a presumption that the contents of the container were sold by the license/permit holder, his manager, agent, servant or employee on the date found.

(2)

The term "open container," as used in this section, shall include, but not be restricted to, any vessel or container of alcoholic beverages which is open in any manner that would permit the contents to be consumed or poured or any container upon which the seal has been broken and the contents exposed to the air. The term "closed," as used in this section or elsewhere in this chapter, shall mean that the entire licensed building shall be locked, that all lights shall be out, that no person shall be inside of said premises and that no dispensing or consumption of any alcoholic beverages shall take place on the subject property.

(Ord. No. 86-07, 10-21-86; Ord. No. 87-05, 3-17-87; Ord. No. 91-13, 10-1-91; Ord. No. 05-05, 11-1-05)