(a) Except as provided in this section, it is unlawful to operate a bottle club for profit or pecuniary gain. (b) The Commissioner may, upon application, grant a license to the owner, lessor, or person in charge of the premises to operate a bottle club in accordance with this chapter. (c) The Commissioner may grant a bottle club license only to the following: (1) A person doing business in an establishment meeting the standards of a restaurant. The license permits the establishment to operate as a bottle club on every day of the week and on holidays, except between the hours of 2:00 a.m. and 9:00 a.m. during which time alcoholic liquors may not be consumed on the premises of the establishment. (2) A person renting premises to customers for holding weddings or other social gatherings where there is adequate food, as determined by the Commissioner, provided by the customer or a caterer. The license permits the establishment to operate as a bottle club on every day of the week and on holidays, except between the hours of 2:00 a.m. and 9:00 a.m. during which time alcoholic liquors may not be consumed on the premises of the establishment. If a bottle club licensed under this paragraph (c)(2) has a function that utilizes a licensed off-site caterer, all alcohol must be provided by the licensed off-site caterer. (3) A person doing business in a licensed establishment where persons pay a fee to participate in a creative arts experience, including painting, pottery-making, candle-making, and other similar activities, and where sufficient food is provided by the establishment's owner or by the customer while alcoholic liquors are being consumed. Prepackaged chips, pretzels, and other similar food items are not sufficient food. The license permits the establishment to operate as a bottle club on every day of the week and on holidays, except between the hours of 11:00 p.m. and 9:00 a.m., during which time alcoholic liquors may not be consumed on the premises of the establishment.
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