Rules for teenage and nude dancing nightclubs near liquor

(a) During the hours of operation of any teenage nightclub or any nude dancing nightclub, no person may possess or consume any intoxicating liquor on the premises of the establishment. (b) During the hours of operation of any teenage nightclub or any nude dancing nightclub, no security guard, responsible managing agent, or employee of the establishment shall knowingly permit a patron to enter the establishment or its premises in possession of intoxicating liquor or to consume intoxicating liquor in the establishment or on the premises of the establishment. (c) During the hours of operation of any teenage nightclub or any nude dancing nightclub, no security guard, responsible managing agent, or employee of the establishment shall knowingly permit any person in an obvious state of intoxication to enter the establishment or its premises. (d) No person shall provide, or contract or otherwise arrange, on behalf of a teenage nightclub or nude dancing nightclub, for the provision of, intoxicating liquor on the premises of the establishment to patrons or anticipated patrons of the teenage nightclub or nude dancing nightclub. (e) Except as otherwise provided under this subsection, a teenage nightclub or a nude dancing nightclub shall not have an entrance or exit leading directly to or from a liquor establishment. The entrance or exit of a teenage nightclub or nude dancing nightclub shall be deemed “leading directly to or from a liquor establishment” if no common area exists between the entrance or exit of the teenage nightclub or nude dancing nightclub and the entrance or exit of the liquor establishment. “Common area” means an area outside either establishment and usable by a member of the general public or invitee to the structure containing the establishments. A teenage nightclub or nude dancing nightclub in operation on August 2, 1999,* but in noncompliance with this subsection on that date, may continue in noncompliance for 180 days from that date. After the 180th day, the teenage nightclub or nude dancing nightclub shall be in violation of this subsection if still having an entrance or exit leading directly to or from a liquor establishment. (f) Except as otherwise provided for below, a teenage nightclub or nude dancing nightclub shall not have a common wall with, or be located in the same building as, a liquor establishment. A teenage nightclub or nude dancing nightclub in operation on August 2, 1999,* but in noncompliance with this subsection on that date, may continue in noncompliance for two years from that date. After the two-year period, the teenage nightclub or nude dancing nightclub shall be in violation of this subsection if still having a common wall with a liquor establishment, or being located in the same building. While operating in noncompliance during the two-year period, the teenage nightclub or nude dancing nightclub shall not expand the teenage nightclub or nude dancing nightclub operation beyond the establishment as existing on August 2, 1999.* The exception provided for above shall not apply in the following situations: when a teenage nightclub or nude dancing nightclub expands its premises to cause the sharing of a common wall with a liquor establishment, whether or not under different ownership; when a liquor establishment, any ownership interest in which is held by a person holding an ownership interest in a teenage nightclub or nude dancing nightclub, locates or expands next to the teenage nightclub or nude dancing nightclub to cause the sharing of a common wall; and when a liquor establishment under different ownership locates or expands next to a teenage nightclub or nude dancing nightclub to cause the sharing of a common wall and, subsequently, a person holding an ownership interest in either establishment acquires an ownership interest in the other establishment. A teenage nightclub or nude dancing nightclub excepted by this subdivision may continue in noncompliance with this subsection until abandoned, destroyed, stopping all business activity, or ceasing for 30 consecutive days to operate as a teenage nightclub or a nude dancing nightclub, as the case may be. While operating in noncompliance, an establishment shall not expand its teenage nightclub or nude dancing nightclub operation beyond the premises of the establishment as existing on August 2, 1999,* the date of compliance, or the date of operation commencement, as applicable. After a teenage nightclub or a nude dancing nightclub is abandoned or destroyed, stops all business activity, or ceases for 30 consecutive days to operate as a teenage nightclub or a nude dancing nightclub, as the case may be, it may commence operation as a teenage nightclub or nude dancing nightclub again only if complying with this subsection and the other provisions of this article. (g) (1) The owner of a teenage nightclub or nude dancing nightclub that is in violation of subsection (e) or (f) shall be deemed the violator. Every day during which the establishment is in violation of subsection (e) or (f) shall be deemed a separate violation. (2) Any person violating subsection (a), (b), (c), or (d) shall be fined not less than $100 and not more than $500 for each violation. Any owner violating subsection (e) or (f) shall be fined not less than $250 and not more than $1,000 for each violation. Editor’s note: * “ August 2, 1999” is substituted for “the effective date of this ordinance.”