HomeMy WebLinkAboutA001 - memo from City Attorney regarding conflict with Code of Iowa OFFICE MEMORANDUM
To Mayor Stuart N. Smith and Members of the City DATE November 3, 1969
Council
FROM James F. Bishop, City Attorney
SUBJECT
The Chief of Police pointed out to me that our City Code is in
conflict with the State Code as to closing hours of beer establishments.
The Municipal Code, Section 3-2012, limits the sale of beer to require
closing at midnight except on Friday nights when it is 1:00 A.M. the
next morning.
Sec. 124. 34, Code of Iowa, has, since 1962, provided that closing
hours will be from two a.m. until seven a.m. except that on Saturday
nights it will be from one a.m. Sunday until seven a.m. Monday. This
section also provides that municipalities may "adopt ordinances not
in conflict with the provisions of this chapter and that do not diminish
the hours durin which beer ma be sold. "
Since our Code was specifically amended with this regard subsequent
to the State Code provision, it would appear that the City Council
deliberately violated the State Code. This would not bother me,
except that the Chief of Police advised me that the Municipal Code
has been ignored and all taverns operate under the State Code provisions.
Hence, my recommendation that we make our Municipal Code conform to
actual practice.
Respectfully submitted,
mes Bisho
City Attorney
JFB:sac