HomeMy WebLinkAboutA001 - memo , recommended amendment of Chapter 3 I i Y U? AMES
OFFICE MEMORANDUM
TO MAYOR STUART N. SMITH AND MEMBERS OF CITY COUNCIL DATE 2-2.0-69
FROM JAMES F. BISHOP, CITY ATTORNEY
SUBJECT RECOMMENDED AMENDMENT OF CHAPTER 3 OF THE MUNICIPAL CODE, RE ARDIN,
— --- RCEMENT- OF PROVISIONS F' TFiF
The recommended amendments were prepared in co-operation with one of
the local attorneys who represented a number of the tavern operators.
The tavern operators feel that they can live with the proposed prov-
isions, and I feel that the new provisions are appropriate and are
enforceable.
Section 3-2040, Minors Misrepresenting Age. There is no change
in this Section, except adding the prohibition of a minor misrepresenting
his or her age for the purpose of entering upon a place of business
where. beer is sold if fifty percent or more of the business is the sale
of beer or intoxicants . This is added primarily for the benefit of
the tavern operators in that it gives them additional support in keeping
minors out of such places.
The only change in Section 3-2042 is the addition of the word
"knowingly" between the work "person", and .the infinitive, "to permit"
in the third line of the Section. This is merely to state what is
actually the law as would be applied and does conform to similar prov-
isions of the State Code.
Section 3-2047 as amended, Subsection a. is worded in terms of
a violation of Subsections 3 , 6 or 7 of Section 124. 20 of the Iowa
Code, and is more detailed and explicit than is the wording of the
present section regarding sale to «ircrs , and allowing gambling. It
also eliminates that part which prohibited the mixing of liquor with beer.
The mixing of beer with liquor is authorized in establishments having
both a beer and liquor license. Subsection b. is amended to refer only
tothe specific section of the Iowa Code which requires the mandatory
revocation of the permit. Subsection c. is amended only to conform to
the provisions of the Iowa Code. The subject matter is the same.
Respectfully submitted,
00
James l %Bis
P
City Attorney
JFB:sac