YSC, Title 30.  Alcoholic Beverages
 
 
 
Chapter 4:  Standard of Sale

401.  Conduct of business.
402.  Conditions of premises.
403.  Hours of sale.
404.  Sale to intoxicated persons.
405.  Consumer or purchaser.
406.  Prohibition of sales.
407.  Consumption in and on public areas.
408.  Consumption by licensee.
409.  Age of dispensers.
410.  Person under eighteen years prohibited on premises with Retail On-sale
            License.

     401.  Conduct of business.
     A licensee, whether a wholesaler or retailer, shall not encourage the consumption of alcoholic beverages, but shall confine his business to the supplying of the demand for alcoholic beverages in an orderly manner in accordance with this title.

Source:  YDC 4470, modified.

     402.  Conditions of premises.
     The Board shall have the power to prescribe by regulation the construction, equipping, lighting and sanitary facilities of any premises as will provide a safe and sanitary premises with sufficient lighting and an orderly atmosphere.

Source:  YDC 4471, modified.

     403.  Hours of sale.

     (a)  Except as otherwise provided herein, a retail off-sale or on-sale licensee may sell and/or serve alcoholic beverages during the following hours:

               Monday ............................ 9:00 a.m. until 11:00 p.m.
               Tuesday ........................... 9:00 a.m. until 11:00 p.m.
               Wednesday ...................... 9:00 a.m. until 11:00 p.m.
               Thursday .......................... 9:00 a.m. until 11:00 p.m.
               Friday .............................. 9:00 a.m. until  1:00 a.m.
               Saturday .......................... 9:00 a.m. until  1:00 a.m.
               Sunday ............................ 9:00 a.m. until 11:00 p.m.

     (b)  After the hours of sales listed in this section, there shall be a 30 minute period in which no alcoholic beverages may be sold, but any person who has purchased or obtained a drink before the closing hour of sale may be permitted to consume his drink on the premises.

     (c)  On holidays observed by the State Government, hours shall be from 9:00 a.m. until 11:00 p.m. when such holidays precede a normal government working day; or, if such holiday precedes a non-working day, hours shall be from 9:00 a.m. until 1:00 a.m.

     (d)  Duly licensed wholesalers shall be permitted to make sales in bulk, not for immediate consumption, during normal working hours.

     (e)  No person who holds a retail on-sale or retail off-sale license shall sell or serve any alcoholic beverage in any municipality or island on an election day during the hours that the polls are open.

Source:  YDC 4472, as amended by YSL 3-63 12, modified.

     404.  Sale to intoxicated persons.
     A licensee, his employees, and his agents shall not sell or give or cause to be sold or given, any alcoholic beverages to any person who is obviously intoxicated.

Source:  YDC 4473.

Cross-reference:  The statutory provision on drunken and disorderly conduct is found in section 403 of Title 11 (Crimes and Punishment) of this Code.  The statutory provision on illegal possession and consumption of alcoholic beverages is found in section 808 of Title 11 of this Code.  The statutory provision on consumption of alcoholic beverages in and on public areas is found in section 809 of Title 11 of this Code.  The statutory provision on persons under the influence of drugs or intoxicating liquor is found in section 704 of Title 25 (Motor Vehicles and Highways) of this Code.

      405.  Consumer or purchaser.
     No person shall sell, give or otherwise deliver possession of any alcoholic beverage to a person less than 21 years of age or to a person who does not have in his immediate possession a valid drinking permit.  Proof that a person did sell, give or otherwise deliver possession of any alcoholic beverage to a person less than 21 years of age or to a person who does not have in his immediate possession a valid drinking permit shall give rise to a conclusive and irrebuttable presumption of violation of this section.

Source:  YDC 4474, as enacted by YDL 5-60 2, as amended by YSL 1-225 1 and YSL 3-63 13, modified.

Cross-reference:  The statutory provision on the age of dispensers is found in section 409 of this chapter.  The statutory provision on illegal possession and consumption of alcoholic beverages is found in section 808 of Title 11 (Crimes and Punishment) of this Code.  The statutory provision on consumption of alcoholic beverages in and on public areas is found in section 809 of Title 11 of this Code.

     406.  Prohibition of sales.
     A licensee, his employees, and his agents shall not offer for sale, sell, or deliver to any person any alcoholic beverages on the premises of any school, jail, prison, or corrective institution, hospital or dispensary, any designated public recreation area or any public highway.

Source:  YDC 4475, modified.

     407.  Consumption in and on public areas.

     (a)  It shall be unlawful for any person to consume alcoholic beverages in any public building or on the grounds adjacent thereto without prior permission of the appropriate official as stated in subsection (b), nor shall any person consume alcoholic beverages on any public road or recreational area.  "Public building" means a building or space owned or managed by the State or any agency thereof for public offices or for other public purposes.  "Recreational area" means an area accessible to the general public and owned or managed by the State or any agency thereof for the purposes of amusement, play, or other form of relaxation.

     (b)  The Governor may authorize consumption of alcoholic beverages in any public building or on the grounds adjacent thereto, except the Legislature building or on the grounds adjacent thereto.  The Speaker may authorize consumption in the Legislature building or on the grounds adjacent thereto.

     (c)  Any person who violates any provision of this section shall be subject to a fine of not less than $30.00 but not more than $300.00, or imprisonment of not more than six months, or both.  Any person who violates any provision of this section and has been issued a citation for the violation may settle the violation by paying a fine of $30.00 to the Clerk of Court within two weeks from the date of citation.

     (d)  If any provision or application of this section to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this section, and to this end the provisions of this section are severable.

Source:  YDC 4476, as enacted by YSL 2-37 1, modified.

Cross-reference:  The statutory provision on drunken and disorderly conduct is found in section 403 of Title 11 (Crimes and Punishment) of this Code.  The statutory provision on illegal possession and consumption of alcoholic beverages is found in section 808 of Title 11 of this Code.  The statutory provision on consumption of alcoholic beverages in and on public areas is found in section 809 of Title 11 of this Code.  The statutory provision on persons under the influence of drugs or intoxicating liquor is found in section 704 of Title 25 (Motor Vehicles and Highways) of this Code.
 
Commission Comment:  Reference to . District Administrator. is changed to "Governor".  Reference to "Executive Committee of the Legislature" is changed to "Speaker".

     408.  Consumption by licensee.
     A licensee, his employees, and his agents shall not consume or be permitted to consume any alcoholic beverages while on duty at the licensee's premises.

Source:  YDC 4477, modified.

     409.  Age of dispensers.
     No licensee shall permit any person to dispense, sell or give out on the licensee's premises or to deliver off the premises any alcoholic beverage unless such person shall have reached the age of 18 years.

Source:  YDC 4478, as amended by YSL 3-63 14 and YSL 5. 17 1, modified.

Cross-reference:  The statutory provision on illegal possession and consumption of alcoholic beverages is found in section 808 of Title 11 (Crimes and Punishment) of this Code.  The statutory provisions on consumption of alcoholic beverages in and on public areas are found in section 407 of this chapter and in section 809 of Title 11 of this Code.

     410.  Person under eighteen years prohibited on premises with Retail On-sale License.

     (a)  No person who has a retail on-sale license shall allow a person under 18 years of age to enter the premises for which the license is issued during business hours, except as provided in subsection (b) of this section.

     (b)  An on-sale licensee retailer is exempted from the requirements of subsection (a) if:

                                (1)  the licensee is a restaurant which serves regular meals regularly, or a retail store whose primary business is selling non-alcoholic merchandise; and

                               (2)  after 10 o'clock p.m. such licensee disallows any person under 18 years of age to enter the premises during business hours unless accompanied by either a parent or guardian, or an adult person, of 21 years of age or older.

     (c)  A person convicted of violating this section shall be punished pursuant to section 212 of chapter 2 of this title.

Source:  YDC 4479, as enacted by YSL 1-225 2 and as amended by YSL 3-63 15 and YSL 5-16 1, modified.