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A. An after-hours establishment shall comply with this chapter and all applicable city and state laws and ordinances, including but not limited to fire and building and zoning codes. In addition, the following requirements apply:

1. The hours during which the after-hours establishment may be open for conduct of after-hours activity shall be as specified in the after-hours establishment license issued by the city;

2. Persons under 18 years of age are prohibited in an after-hours establishment;

3. Written proof of identification shall be required for admission to an after-hours establishment to ensure compliance with subsection (A)(2) of this section. The following written instruments are the only acceptable types of identification:

a. An unexpired driver’s license issued by any state, provided such license includes a picture of the licensee;

b. An identification license issued pursuant to state law;

c. An armed forces identification card; or

d. A valid unexpired passport issued by a government which contains a photograph of the person and the date of birth;

4. No person shall be admitted to, nor shall any person be allowed to remain on, the licensed premises who is or appears to be under the influence of spirituous liquor or drugs or who is disturbing the peace;

5. No spirituous liquor may be furnished, sold, served or consumed at an after-hours establishment between 2:30 a.m. and 6:00 a.m. If the after-hours licensee holds a liquor license from the state, spirituous liquor service and consumption must terminate upon the hours as required by state law;

6. Admittance and any admittance lines for entry to the establishment shall be closed at 3:00 a.m. or at such other time prescribed in the license issued by the city;

7. Any parking used by patrons of the licensee, and any parking area of the licensee or within 300 feet of the licensed premises shall be supervised by the licensee to ensure that the parking areas are used by persons entering and exiting from their vehicles and are not used as a gathering place; and

8. Applicant must have a current security plan pursuant to this section.

9. A plan which demonstrates how the licensee will ensure compliance with these regulations shall accompany the application and is subject to approval by the police department. Any change in the plan of operation once approved must be submitted to the city for approval prior to the change becoming effective as provided in MCC 5.15.050. A copy of the plan of operation shall be available at the after-hours establishment for inspection by the city during business hours and at other reasonable times. The plan shall include such information as required by the licensing office, including identification of employees, agents or private contractors who are responsible for security and ensuring compliance with the terms of this chapter.

B. Security Plan Required. The applicant shall furnish to the licensing office, for review and approval by the police department, a security plan containing the following information:

1. Plan of operation, program plan and hours;

2. Site/building information;

3. Safety conditions;

4. Patron parking, ingress and egress, vehicular and pedestrian traffic control;

5. Staffing and operations;

6. Conditions of plan;

7. On-site contact person/manager;

8. Any and all responsible parties for business operations;

9. Floor plan and evacuation routes; and

10. Any other reasonable information the police department deems necessary for review and approval of the security plan.

C. Unlawful Activities. It is unlawful for any person or licensee at an after-hours establishment to:

1. Operate without any required city or state permit or in violation of any applicable city or state law or ordinance;

2. Admit persons under 18 years of age;

3. Serve spirituous liquor or permit the consumption thereof at an after-hours establishment when prohibited in this chapter or state law;

4. Employ any person who is under 18 years of age to work during the hours between 2:30 a.m. and 6:00 a.m.;

5. Allow an intoxicated or disorderly person to come into or remain on the licensed premises, except that an intoxicated person may remain on the premises for no longer than 30 minutes to arrange for transportation;

6. Solicit or encourage, or allow an employee to solicit or encourage, to buy a patron anything of value, directly or indirectly, or for a patron to solicit or encourage to buy an employee anything of value, directly or indirectly;

7. Knowingly permit unlawful possession, use, or sale of narcotics, dangerous drugs or marijuana;

8. Knowingly permit prostitution or solicitation of prostitution;

9. Knowingly permit unlawful gambling on the premises;

10. Knowingly permit trafficking in stolen property;

11. Fail or refuse to make the premises or records, or the plan required in subsection (A) of this section available for inspection as provided in this chapter; or

12. Employ or permit a person to be employed on a salary, contractor or commission basis for the purpose of dancing with patrons, except that this shall not apply to bona fide instructors of dancing regularly employed for the exclusive purpose of giving bona fide instructions for dancing. [Ord. 18-16 § 1; Res. 18-29; Code 2004 § 8-3-10.]