§ 6-234. Brown bagging.

(a)

Any establishment holding a consumption-on-the-premises license for the sale of distilled spirits, malt beverage, beer or wine shall not allow such beverages to be brought onto the premises by anyone for consumption-on-the-premises without first obtaining a brown bagging permit. Only establishments holding consumption-on-the-premises licenses for malt beverages, wine and distilled spirits shall be eligible to add a brown bagging permit at no additional charge. Brown bagging shall be unlawful at all business establishments that do not obtain a brown bagging permit and consumption-on-the-premises license as provided for in this section.

(b)

No bottle or other container of distilled spirits shall be in the possession or under the control of any owner, licensee, employee or agent of such establishment at any time. Possession of such bottle or container of distilled spirits shall be prima facie evidence of the violation of this provision. Bottles or other containers of distilled spirits must remain in the possession of, or under the control of, the person bringing such bottle or container into an establishment permitting brown bagging.

(c)

The above regulation shall not apply during legal hours for sale to those establishments holding brown bagging permits which also hold a distilled spirits consumption-on-the-premises license.

(d)

Establishments holding brown bagging permits shall not deny or restrict the privilege or brown bagging by patrons or impose any admission charge, cover charge or minimum charge on brown bagging patrons that is not also imposed upon all other patrons during the legal hours for sale and consumption of alcoholic beverages.

(Ord. No. O-00-04, 4-11-2000)