§ 4-303. Required.

(a)

Except as expressly provided in this division, no person shall be employed in a retail establishment licensed under this chapter as a waiter, waitress, bartender, server or other similar employee who serves or sells alcoholic beverages by the drink, nor shall any person sell or serve alcoholic beverages by the drink, unless such person has obtained a server's license in accordance with this division. Except as expressly provided in this division, it shall be unlawful to be employed in a retail establishment that sells alcoholic beverages as a waiter, waitress, server or other similar employee who sells or serves alcoholic beverages by the drink, unless such person has obtained a server's license in accordance with this division. Notwithstanding any provision of this division, however, a person employed solely as a cashier shall not be required to obtain a license under this division in order to accept payment for alcoholic beverages.

(b)

Notwithstanding the provisions of subsection (a) of this section, a person who has not obtained a server's license under this division may be employed in a retail establishment licensed under this chapter as a waiter, waitress, bartender, server or other similar employee who serves or sells alcoholic beverages by the drink, and may sell or serve alcoholic beverages by the drink, but only for a temporary period of 30 calendar days, beginning on the date on which such person's employment commences, and ending on the date which is 30 calendar days after such commencement date, and only if such person satisfies the following criteria and conditions:

(1)

During the six-month period before the 30-day period commences, the person shall not have previously worked as a server for the retail establishment for whom such employee will work during the 30-day period;

(2)

The person shall file with the city an application for a server's license under this division no later than ten calendar days after such person commences employment with the retail establishment, and shall diligently prosecute such application to completion, and promptly comply with all of the city's requests for information;

(3)

The person is qualified, at the time such employment commences and during such employment, to obtain a server's license under this division;

(4)

If the person previously held a server's license under this division, the person shall not have allowed such license to expire without renewal within the previous 60 calendar days; and

(5)

The person shall not have violated this chapter during the previous three years.

If the application is denied before the end of such 30-day period, the 30-day period shall terminate automatically upon such denial.

(Ord. No. 2008-10, § 1(3-44), 10-6-2008)