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SUBJECT: Power of the City Council to pass an
Ordinance prohibiting Minors where beer
is sold.
REQUESTED BY: City Council
OPINION BY: Henry L. Holst
City Solicitor
QUESTION: May the City Council legally pass an
Ordinance prohibiting minors in places
where beer is sold?
CONCLUSION: Yes .
DATE: May 17, 1966.
ANALYSIS
Section 124. 34 of The Code, as amended, provides generally that:
"* * * cities* * * are empowered to adopt
ordinances , not in conflict with this chap-
ter, which may affect the sale and distribu-
tion of beer under class 'B ' permits and the
welfare and morals of the community. "
The Ames City Council now has before it an ordinance which pro-
vides as follows :
"It shall be unlawful for a person under twenty-one
years to be in a place where beer is sold unless at
least fifty per cent of the business conducted by the
permit holder is other than the sale of beer or intoxi-
cating beverages . The provisions of this section shall
not apply to any person under the age of twenty-one years
who:
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(a) is accompanied by a parent or guardian, or,
(b) is a regular employee of the permit holder
while performing regular duties during the course
of employment. *** "
The question to be resolved then is whether the proposed ordinance
is consistent with the provisions of the State Law and affects the
sale and distribution of beer under class "B" permits and the welfare
and morals of the community.
The Supreme Court of Iowa in the case of City of Des Moines
v. Reisman, 248 Iowa 821, 83 N.W. 2d 197 (1957) had before it an
ordinance of the City of Des Moines (Section 9-28) which provided
in part as follows :
"* * * it shall be unlawful for a person under
twenty-one years of age to be in, or for any
person to permit a person under the age of
twenty-one years to be in, a place where beer
is sold unless the major portion of the busi-
ness conducted by the permit holder is other
than the sale of beer and the sale of beer is
merely incidental thereto. "
You will note that in all important aspects , the Des Moines ordi-
nance is nearly indentical with the proposed Ames Ordinance.
In the Reisman Case the Iowa Supreme Court said at page 200
of the 83 N.W. 2d Reporter :
"Nor do we deem the ordinance in question here
in conflict with the provisions ' of the Beer
and Malt Liquors chapter 124, even in absence of
the concluding broad authorization in section
124. 34. The chapter contains no limitation upon
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the discretion of the municipal council or
power of the city in regulation of taverns
with respect to the married status of minors
who desire to enter them. Section 124. 34
purports to grant but not to limit the muni-
cipal power of regulation " (Emphasis added)
The court went on to say at the bottom of the same page:
"The ordinance is valid. "
The above reasoning was followed in 1958 by the Iowa Supreme
in the case of State v. Garman 93 N.W. 2d 105 .
The Reisman Case has been relied upon by the Iowa Attorney
General in two opinions as recently as 1964. They are found in
O.A.G. 1964, Sections 15 . 23 and 15 . 24.
For the reasons given above I am of the opinion that the
City Council may legally pass an ordinance prohibiting minors
in places where beer is sold.
Respectfully submitted,
1"t
&ktoe
•
Henry L Holst
City SOA&citor