§ 6-22. Exceptions to sections 6-20 and 6-21; restaurant endorsement permit.

(a)

The prohibition contained in sections 6-20 and 6-21 shall not be applicable between the hours of 12:00 noon and 12:00 midnight on Sunday to those persons, firms and establishments holding a restaurant endorsement permit as defined hereafter, which said permittees shall be permitted to serve alcoholic beverages of low and high alcoholic content between the hours of 12:00 noon Sunday and 12:00 midnight Sunday, provided the restaurant facilities are open and in operation during the same period.

(b)

A restaurant endorsement permit shall be an endorsement issued in permit form by the mayor or designee upon his finding that an applicant therefor is operating a bona fide restaurant by having a full and properly equipped kitchen facility and dining room; by finding that the applicant has met proper and applicable health standards; and by finding that at least 50 percent of the applicant's sales are from the sale of food. Said restaurant endorsement permit shall be separate and apart from, and in addition to, any other permits and/or licenses which may be required or issued under this Code.

(c)

All applications for restaurant endorsement permits, whether new or renewal, shall be in writing, sworn to, and shall contain the full name of the applicant along with a complete description and true address of the premises on which the restaurant is located. It will be submitted along with all required documents to the mayor or designee for approval. It will further establish that the applicant is operating a bona fide restaurant by having a full and properly equipped kitchen facility and dining room with sufficient employee personnel to operate such facility.

(d)

The applicant will submit an affidavit from the local health department showing compliance with all applicable health and sanitary requirements.

(e)

The applicant will further be required to submit an affidavit from one qualified in conducting an audit of the business establishment showing that a current audit has been performed and that 50 percent of the sales were from the sale of food.

(f)

For new businesses without prior business history on which to base an audit of food sales, the restaurant endorsement permit may be applied for and granted on a temporary basis contingent upon the audit being performed after the end of the first month's operation, provided the other requirements are met.

(g)

The restaurant endorsement permits thus issued shall be effective for periods running concurrently with the firm's applicable liquor license permits and shall be renewable at the same time that liquor licenses are renewable.

(h)

A fee shall be paid with each application for a restaurant endorsement permit, which fee shall be in addition to any other fees required under the provisions of this Code. The amount of the application fee shall be as established by the mayor and council from time to time.

(i)

Motels, hotels and convention facilities shall be permitted to serve beverages described in section 6-21 hereof between the hours of 12:00 noon Sunday and 12:00 midnight Sunday to legitimate groups, guests and other private functions, but shall be prohibited from opening bars or lounges to the general public, during the hours specified herein, for the purpose of selling the beverages described in sections 6-20 and 6-21.

(j)

Religious, charitable, fraternal, veterans and other private clubs, organizations and facilities, which are nonprofit and tax exempt, licensed under the provisions of this chapter upon certification of a nonprofit and tax exempt status by the mayor or designee shall be permitted to sell beverages described in section 6-21 hereof between the hours of 12:00 noon Sunday and 12:00 midnight Sunday. The mayor or designee shall be required to verify this exempt status by permit, but shall not issue a permit unless the applicant shall have provided him with the following information and documents:

(1)

A copy of the charter of the organization, club or facility;

(2)

A current, accurate membership roster;

(3)

Evidence of tax exempt status issued by the internal revenue service of the United States, which said evidence shall be in such form as is customarily provided by the said internal revenue service.

(Ord. No. 84, ¶ IV, 3-8-1983)