§ 4-108. Employment in drinking establishment, club or cereal malt beverage provider; limitations; unlawful acts.

(a)

It shall be unlawful for any person, worker or volunteer to perform services on the licensed premises of a drinking establishment, private club or cereal malt beverage provider licensed under this article, other than establishments also licensed as arenas or auditoriums, in connection with the serving, dispensing, delivery or effecting the serving, dispensing, storing, delivering or securing of alcoholic beverages or cereal malt beverages, whether voluntarily or otherwise, who:

(1)

Is under the age of 18 years in connection with the serving, dispensing, delivery or effecting the serving, dispensing, storing, delivering or securing of alcoholic beverages or cereal malt beverages;

(2)

Has been adjudged guilty of a felony or of any crime involving a morals charge in this state, in any other state, or of the United States;

(3)

Has been adjudged guilty of a violation of any intoxicating liquor law of this state, of any other state, or of the United States, during the two-year period immediately following such adjudging;

(4)

Has been adjudged guilty of an assault or battery in this state or in any other state of the United States during the two-year period immediately following such adjudging;

(5)

Is under the age of 21 years at any time when not under the on-premises supervision of either the licensee, manager, or an employee who is 21 years of age or over; or

(6)

Is under 21 years of age in connection with the mixing or dispensing of cereal malt beverages or drinks containing alcoholic liquor.

Subsection (a) of this section specifically includes, but is not limited to, those persons employed or performing services relating in any manner to the dispensing or serving of alcoholic or cereal malt beverages within such a club, drinking establishment, or caterer, guards, doormen, waiters, waitresses, dancers, managers, assistant managers, or licensees. For the purpose of this section, janitors, busboys, cooks, dishwashers or a bona fide independent contractor, while specifically performing structural repair or improvement, are excluded, unless otherwise required by law.

(b)

It shall be unlawful for any person to work or volunteer to perform services on the licensed premises of a drinking establishment licensed under this article and also licensed as an arena or auditorium who:

(1)

Is under the age of 18 years in connection with the serving of alcoholic liquor or cereal malt beverage;

(2)

Is under the age of 21 in connection with the mixing or dispensing of drinks containing alcoholic liquor or cereal malt beverage;

(3)

Is under the age of 21 years and not supervised by the licensee or an employee who is at least 21 years of age;

(4)

Has been convicted of a felony or of any crime involving a morals charge in this state or in any other state of the United States to dispense, mix or serve alcoholic liquor or cereal malt beverage;

(5)

Has been convicted within the previous two years of a violation of any intoxicating liquor law of this state, of any other state, or of the United States, to dispense, mix or serve alcoholic liquor or cereal malt beverage; or

(6)

Is a manufacturer, distributor or retailer, or an officer, agent, or employee of a manufacturer, distributor or retailer in the capacity of a person registered to mix, serve, sell, or dispense alcoholic liquor.

(c)

Violation of this section shall be punishable by a fine of not more than $500.00, by imprisonment for not more than six months, or by both.

(d)

Each day any person acts in violation of the provisions of this section shall constitute a separate offense.

(Code 1988, § 4-79; Ord. No. O-35-01, § 1, 5-17-2001)