GUIDELINES FOR BEER WINE OFF SALE AND PACKAGE STORES ON THE FREMONT STREET EXPERIENCE
Over the summer the Las Vegas City Council passed several new ordinances to help make Fremont Street a safer place by limiting alcohol sales.
LVMC 6.02.361, Section 4, (A), Within the Pedestrian Mall, commonly referred to FSE, Fremont Street Experience, it is unlawful for a person to:
- Possess an alcoholic beverage in an open glass container, an open metal container or in its original packaging in an open condition.
- Consume any alcoholic beverage in any glass container, metal container or from its original packaging.
The hotel casino properties have all posted signs at their exits to FSE advising their customers that cans and bottles are not permitted on FSE and have provided plastic cups in which to pour their beverage.
The bars located along FSE must also adhere to this and may only sale beverages in plastic or souvenir type containers.
Changes to LVMC 6.50.475, restricts the sale of any single serve products containing alcohol for immediate consumption. In addition, the sale of alcoholic beverages must remain in the manufactures original configuration intended for re-sale.
- No sales of malt or beer beverages in any container greater than 32 ounces.
- No sale or distribution of any malt or beer beverages with an alcoholic content greater than 11%.
- Shall not sale beverages other than beer or wine in containers less than three hundred and seventy-five milliliters.
- Shall not advertise or display any prices within the establishment that are visible to a person standing outside of the establishment.
- Shall limit advertising of alcoholic beverages for sale within the establishment to the windows of the establishment only, and advertising shall not include the price of any alcoholic beverages.
- Shall limit total product advertising upon the windows to no more than 25% of the total area and no more than 40% of that total can be used to advertise alcoholic beverages.
- Stores shall post signs no lower than 3’ and no higher than 7’ at each sales counter and at each entrance and exit of the establishment that states, “Alcohol purchased at this location CANNOT be consumed on the Fremont Street Experience. Any bag containing an alcoholic beverage purchased at this location CANNOT be opened on the Fremont Street Experience” Each sign that refers to the prohibition regarding the opening of a bag must indicate a violation may result in the confiscation of the alcoholic beverages contained is such bag. Such signs must be yellow with black lettering and at least 14” by 20” on each display of alcoholic beverages and at each sale counter in a prominent position. In addition, signs posted at each entrance and exit shall be at least 20” by 24”. All signs must have a minimum font size of 72.
- Stores shall place any alcoholic beverage(S) purchased at the establishment into a separate bag from any other purchases made at the establishment. The separate bag shall be closed by the licensee or person employed by the license by means of a fastener (such as a staple, sticker, seal or some other means) prior to the customer leaving the establishment. The purchase receipt for such alcoholic beverages shall be affixed to the separate bag in such a way that it does not permit the opening of the bag by the customer without tearing or otherwise mutilating the receipt. The receipt must include the date and time of the purchase together with a description of the alcoholic beverage(s) purchased by the customer.
- Stores shall not locate any display of alcoholic beverages inside the establishment within 10’ from any entrance or exit of the establishment.
- Shall not provide any means of display of alcoholic beverages, whether a barrel, a shelf, a cooler of any other means to display alcoholic beverages outside any entrance or exit to the establishment
- Shall limit the display of alcoholic beverages to an area which is the lesser of any area authorized by land use entitlement for alcoholic beverage sales or no more than 10% of its gross retail floor area.
LVMC 10.76.030 was amended to read “It is unlawful for a person to open and/or possess an open bag containing alcoholic beverages closed in accordance with LVMC 6.50.475(M) on or along the Pedestrian Mall. The sole penalty for a violation of this Section is that a peace officer or other officer authorized to enforce this Section may confiscate any alcoholic beverage associated with this violation.
LIQUOR LICENSE UPDATE
On June 18, 2014 the Las Vegas City Council updated the Las Vegas Municipal Code (Ordinance Number 6329) to increase civil penalties for violations of LVMC 6.50, clarifying that the director may suspend an alcoholic beverage license on an administrative basis under certain circumstances and adding a new condition to clarify that a licensee’s violation, or knowingly permitting an employee to violate a condition of an alcoholic beverage license, is a misdemeanor. The update also creates a zone in the downtown area where the consumption of alcoholic beverages in glass or metal containers is prohibited and the possession of open alcoholic beverages in original packaging is prohibited. The update also requires that alcoholic beverages bought at a package liquor or off-sale establishment within the pedestrian mall be placed in a bag prior to the customer leaving the establishment.
- Growlers – Definition: Oversized glass and ceramic beer jugs or metal jugs (serving vessel that is colored glass or double walled/insulated stainless are highly recommended to save the integrity of the brew) that can be filled with craft brew beer or cider available on tap from a growler brew station and are capped and sealed for transport to be taken off-premise for consumption.
- Growler Brew Station: The physical location where the brewed beer or cider is located on tap. Growlers may only be filled from a “Growler Brew Station” by the licensee or the licensee’s employee(s). The station must have hand washing and sterilization equipment approved and permitted by Southern Nevada Health District located physically adjacent to the growler brew station.
- Growler sizes: 32 fluid ounce and 64 fluid ounce glass containers are most common but cannot exceed 1 fluid gallon.
- Growler service: No self-service allowed. Customers cannot fill the growler container(s). Glass or Metal Containers (jugs) must be filled by the licensee or the licensee’s employee(s) who have all three cards (Sheriff’s Card, AA Card, and Health Card) in their possession on premise of the establishment.
- Labels: Craft Beer or Cider Kegs/Distribution Containers located in the Growler Brew Station area must be labeled with:
Name and location of the manufacturer (city and state) and bottler if different.
Name of beer or cider in the container.
Net content of the container.