6.12.200 Licensee to report disorderly conduct.
A. Each licensee shall conduct his or her establishment in a decent, orderly and respectable manner, and shall not permit within or upon the licensed premises the loitering of habitual drunkards or intoxicated persons, lewd or indecent displays, profanity, rowdiness, undue noise or other disturbance or activity offensive to the sensitivities of the average citizen, or to the residents of the neighborhood in which the establishment is located. It shall be unlawful for a licensee to permit the above-described conduct, and it shall be unlawful for:
1. Any licensee having authority to sell alcoholic beverages on his/her premises to permit any disturbances or disorderly acts or conduct to be committed by any person or group of persons on his/her premises.
2. Any licensee having authority to sell alcoholic beverages on his/her premises to in any manner encourage or participate in any disturbance or unlawful or disorderly act or conduct upon his/her premises; provided, however, such licensee may use such lawful means as may be proper to protect his/her person or property from damage or injury.
3. Individuals employed as bartenders to consume alcoholic beverages during those times in which they are actually engaged in the serving of alcoholic beverages to customers on a licensed premises; or for such individuals to engage in the serving of alcoholic beverages to customers on the licensed premises while in an intoxicated condition; or for a licensee having authority to sell alcoholic beverages on his/her premises to permit such conduct by his/her bartenders.
B. A licensee having authority to sell alcoholic beverages upon his/her premises shall immediately report to the Police Department any unlawful or disorderly act or conduct or any disturbance committed on his/her premises.
C. It shall not be a defense that the licensee was not personally present on his/her premises at the time such unlawful or disorderly act, conduct or disturbance took place. However, an agent, servant or employee of the licensee shall not be liable hereunder when absent from the premises and not on duty.
D. Any licensee, agent, servant or employee of a licensee who shall violate any of the provisions of this section shall be subject to the penalty provided for in Chapter 11.01 PMC. (Ord. 686 §2 (Exh. A), 2015)