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HomeMy WebLinkAboutA001 - proof of publication, January 11, 1972 Proof of Publication in The Sec. 3-1002. State act ANTES DAILY TRIBUNE :::;:..:::.::.:::•:: :..;;:•;;::::..::<:.:}rf #v �' adopted by ref f The Iowa Beer and :`,,;y;;:::::.;;:.:.;.>:::;;:.;;,•.;•.:.;:,.;:•` ^'- Liquor Control Act, q U ::•,>•;•_.<;r•<::•:•::.>:•:.•.:_'^'•`<""^"`:`'''`'>'"'" hereinafter referred to as STATE OF IOWA,STO RY COUNTY,ss.O} ::.:>::»:<:;:>::>:•;:.;:::;:;.; : " :.:::>::::``:`:` the Act including future ORDINANCE N0. 2382 amendments thereto, is I, 1 ;4W*T�6rJ , W. T. Farley on oath AN ORDINANCE AMEN- hereby adopted by depose and saythat I am rforeman DING CHAPTER NO. 3 OF reference thereto, as if 13��'.• of the AMES DAILY TRIBUNE, a daily THE MUNICIPAL CODE OF set forth herein at this THE CITY OF AMES, IOWA; point, without regard to newspaper, printed at Ames, Story County, REPEALING CHAPTER NO. the fact that it is 3, ESTABLISHING A NEW hereinafter added to and Iowa; that the annexed printed _______-__.__ CHAPTER DESIGNATED repeated in part. r� ALCOHOLIC BEVERAGES; of such Act ____...n i—nan-cP_#_2� ---------- - REPEALING ALL OR- within the City of Ames, DINANCES AND PARTS OF is hereby declared to be ORDINANCES IN CONFLICT an and offense punishable as a HEREWITH A N D Y p was published in said newspaper for ESTABLISHING AN EF- misdemeanor. FECTIVE DATE. Sec. 3-1003. Powers of the consecutive weeks, the first -___________ IT IS ORDAINED BY THE City Council. CITY COUNCIL OF THE The CityCouncil shall and the last of said publication was on the CITY OF AMES, IOWA: have the power to suspend an retail beer anuar�_________ Section 1. Chapter No. 3 of p Y ___1 1 th__ day of ____ _ .� the Municipal Code of the City permit or liquor control of Ames, Iowa, as hitherto license for violation of 19_72. existing is hereby repealed. any ordinance or re ulation adopted b -C/2 ,-- -� - - - - ------- Section 2. A new chapter to such Council. The City be numbered 3 is added to the y Sworn to before me and subscr' ed in my Municipal Code of the City of Council is also im- � � . T. Farley Ames, Iowa, as follows: powered to adopt or- presence by Akftfor the or regulations ALCOHOLIC for the location of this --- day of ____cJ aTkU3r'jC.___ BEVERAGES Article I. General premises of retail beer Sec. 3-1001. Short title. and liquor control 1 This chapter shall be licensed establishment /' Notary-Public and is empowered to ��-�` -� "�'� known as the Alcoholic in and for Story County. Beverages and Liquor adopt ordinances, not in Control Ordinance." conflict with the Fees, $__117_�i2 -• provisions of the Act and that do not diminish the hours during which beer Department. However, or alcoholic beverages applications for a Class (d)Class "D". A Cla may be sold or consumed "A", Class "B" or Class holder to purchase "D" liquor contr at retail, governing other "C"liquor control license alcoholic liquors from license may be issu activities or matters and retail beer permits the department only, only to a commo which may affect the are subject to recom ,ad to. sell such carrier. F retail sale and con- mendation of approval or h hors, and beer to Sec. 3-2004. Beer pe sumption of beer and disapproval by the City patrons by the in- mits—classes.alcoholic liquor and the Council, dividual drink for Beer permits shall be 1 health, welfare and Sec. 3-2003. Liquor consumption on the the following classes: morals of the community. control licenses—classes. premises only, (a)Class "A". A Clas:" Article II. Liquor Control Liquor control licenses however, beer may "A„ q permit shall allow Licenses and Permits shall be of the following also be sold for con- the holder tc DIVISION 1. GENERAL classes: sumption off the manufacture and sell "" Cla ss ass A . A Class premises. Each such Sec. 3-2001. License or beer at wholesale.R; permit required. "A" liquor control license shall be ef- Such sales within they No person shall license may be issued fective throughout the state to be made onl manufacture for sale or to a club and shall premises described in to holders of"A", "B" sell for retail any authorize the holder to the application. or "C" permits, or purchase alcoholic (c)Class "C". A Class alcoholic beverage or liquor control licenses. beer unless a license or liquors from the "C" liquor control (b)Class "B". A Class permit is first obtained as department only, and license may be issued "B" permit shall provided in the "Iowa to sell such liquors, to a commercial authorize the holder to Beer and Liquor Control and beer, to bona fide establishment but sell beer for con- Act" and pursuant to the members and their must be issued in the sumption on or off the provisions of this Article. guests by the in- name of the individual premises. Such beer All permits issued dividual drink for or individuals who shall have been pur- hereunder shall be consumption on the actually own the entire chased from a holder publicly displayed on the premises only. business and shall of a Class "A" permit. premises for which issued (b) Class "B". A Class authorize the holder or (c)Class "C". A Class at all times, so as to be "B" liquor control holders to purchase "C"permit shall allow easily seen by the public. license may be issued alcoholic liquors from the holder to sell beer Sec. 3-2002. Licensing to a hotel or motel and the department only, at retail for con- authority. shall authorize the and to sell such sumption off the The power to issue liquors, and beer, to premises. No Class liquor control licenses, patrons by the in- "C" permit shall be special liquor dividual drink for y person ! pe q permits or consumption on the issued to an beer permits is vested p except the owner or exclusively in the Iowa premises only, proprietor of a grocery- Beer and Liquor Control however, beer may or pharmacy. The beer also be sold for con- shall have been pur- sumption off the chased from a holder Dremises. of a Class "A" „pr ;r ana snail De sold in the original containers Sec. 3-2010. Premises— Chapter 30 of this Code only. The provisions of this minimum seating shall be required. "Grocery store" section shall have no capacity and toilet DIVISION2. means any retail application to private facilities. LICENSING establishment, the social gatherings of No Class "A", "B or PROCEDURE principal business of friends or relatives in a "C" liquor license or Sec. 3-2021. Filing ap- which consists of the private home or a private Class "B" beer license plications. sale of food or food place which is not of a shall be approved for An original or renewal products for con- commercial nature nor premises nor alcoholic application for a Class sumptions off the where goods and services beverage or beer sold "A", "B" or "C" liquor premises. may be purchased or sold thereon, for consumption control license or a Class "Pharmacy" means nor any charge or rent or on premises, unless such a drug store in which other thing of value is premises are equipped drugs and medicines exchanged for the use of with tables and seats are exposed for sale such premises for any sufficient to ac and sold at retail,or in purpose other than for commodate not less than acc or ani beer permit, which prescriptions of sleeping quarters. twenty five persons at one accompanied by the licensed physicians Sec. 3-2008. Premises time and unless there are required fee and bond, and surgeons, dentists must be approved. provided convenient shall be filed with the City or veterinarians are No liquor control toilet rooms, separate Clerk. compounded and sold license or retail beer from other rooms,one for Sec. 3-2022. Application by a registered permit shall be issued for the female sex and one contents, fees and bonds. pharmacist. premises which do not for the male sex. Such Applications shall be conform to all applicable toilet rooms and facilities submitted on forms Sec. 3-2005. Prohibited PP supplied b the de r interest. j laws, ordinances, therein shall be main- PP Y Pa t- resolutions, and health tained in a workable and ment and shall contain It shall be unlawful for + eq the information required any person or persons to and fire regulation. Nor sanitary condition at all shall an liquor control times. by the Act and depart- be either directly or in- Y q ment regulations. Fees directly interested in licensee have or maintain Sec. 3-2011. Premises— g an interior access to transfer of. and bonds shall t. as more than one class of Y provided b the Act. license or permit. residential or sleeping The city council may,in P Y quarters, unless per- its descretion,authorize a Sec. 3-2023. Initial ap- Sec. 3-2006. License and q P lication—tentative permit nontransferable. mission is granted by the licensee or permittee to P A special liquor permit, state director in the form transfer the license or approval of premises. liquor control license or of a living quarters permit from one location A person intending to q to another within the city, make an initial ap- beer permit shall be a permit. lication for a liquor purely personal non- Sec. 3-2009. Premises— provided that the plicationtrol license or a beer transferable privilege location. premises to which the P g permit which requires the and shall be revocable for The places of business transfer is to be ma l cause. Every permit or for all Class"B"and"C" would have been eligible a of the city council royal encouraged to license shall be issued in liquor licenses and Class for a license or permit in g the name of the applicant "B"beer permits shall be the first instance and request, through the city and no person holding a located within the such transfer will not clerk, tentative approval permit or license shall boundaries of the "C-2", result in the violation of of the premises for such allow an other erson to "C-3", "C-4" and "C-5" any law, and upon use before expending any Y P District as designated payment,in advance,of a funds for construction or use same. fee of ten dollars ($10.00) remodeling. Sec. 3-2007. Premises and regulated by chapter must be licensed— 38 of this Code, and the to cover the cost of in Sec. 3-2024. Initial ap- exemption as to con- official zoning map as specting the new location. plications—investigation ventions and social amended; provided that Sec. 3-2012. Separate of applicants. no such location may be locations—Class "C" initial a making their gatherings. initial application to the It is unlawful for any within one hundred and liquor control license and person to allow the seventy five (175) feet of "B" or ,C" beer license. city o Ames for a liquor P control license or a beer dispensing or con- any school premises used Every person holding a sumption of intoxicating for such purpose or any Class "C" liquor license permit must establish l i t church premises used for or a Class "B" or "C" their good moral q u o r � except character to the sacramental wines and congregational purposes. beer permit having more beer, in any establish- In determining the than one place of business satisfaction the city ment unless such d i s t a n c e above, where alcoholic beverage council. The council shall establishment is licensed measurement shall be or beer is sold shall be make, a cause to be under this Article. taken in a direct line from required to have a vesmade, a thorough in- under the main entrance of the separate license or the fitness to determine However, bona fide P the fitness of the a conventions,or meetings premises upon which the permit for each separate plicant and the truth of may bring their own legal place of business of the place of business, except Y g g applicant is located to the the statements made in liquor onto the licensed PP as otherwise provided by and accompanyingthe premises if the liquor is nearest property line of state law. . the school premises or Sec.3-2013. Food service. application. Such ex- served to delegates or church remises as the plicants, before ex- guests without cost. All P The serving of food on case may be. the remises is not a Pending any funds in other provisions of this P for obtaining Article shall be a P prerequisite to the preparation g plicable to such premises. granting of a liquor encouraged the license or permit,ed to arrange, control license or a beer throughghe cit clerk, topermit. Ijowever, if foodY is to be prepared or appear before the city served on the premises,a council. Such an ap- permit issued pursuant to pearance is required and shall be not less than one (2)Sell or dispense any week prior to the date on W Any person under alcoholic beverage legal age shall not which the council will be (9) In the case of a requested to act upon the or beer on the retail beer per- p premises covered be employed in the mittee, knowingly application. by the license or sale or serving of Sec. 3-2025. License and permit, or permit alcoholic liquor or allow the mixing or permit expiration and the consumption beer for con- adding of alcohol or renewal. thereon be sumption on the any alcoholic e All liquor control the hours a two premises where beverage to beer or licenses and beer per sold any other beverage a.m. and six a.m. in or about his place the mits, unless sooner on any weekday, person shall be at suspended or revoked, and between the least eighteen of business. shall expire one year (c)No person under legal f.��.,. p -f_iumed, hours of one a.m.on Years old and the age shall misrepresent Y Sunday and six business of selling his or her age for the Class "A", "B" and "C" food or other ser- g liquor control licenses a.m. on the vices constitutes purpose of purchasing following Monday. or attempting and Class "B" and "C" more than fifty per y a g ticoholi (3) Sell alcoholic c beer permits shall be cent of the gross purchase any filed with the city clerk on beverages s beer business transacted beverage or beer from Y c forms to be provided b c any personredit, except withh therein and then any licensee or per- mittee. If an the director of the state a bona fide credit only for the purpose under under legal age shall son department. Upon of serving or his or verification, by checking clearing alcoholic misrepresent with the Chief of Police, beverages or beer her age, and the that statements thereon as an incident to a licensee or permittee are true, the cityclerk c a r d . T h i s establishes that he meal . This shall forward the renewal provision shall not paragraph shall not made reasonable application to the state apply to sales by a apply to C►zmz--o inquiry to determine department. If a question club to its members beer permit whether s u c h should arise as to whether nor to sales by a holders.(See Sec.3- prospective purchaser the renewal action should hotel or motel to 3o04 list maintained was over legal age, be approved, the ap- b o n a f i d e by Chief of Police.) such licensee or plication shall be referred registered quests. (7)Allow any person permittee shall not be to the city council. The (4) Keep on any other than the guilty of selling applicant shall be notified premises covered licensee, permittee alcoholic liquor or beer of the date and time that by a liquor control or employees of to minors. his application will be l i c e n s e a n y such licensee or Sec.3-3002.Sale or supply considered by the council. alcoholic liquor in permittee, to use to and possession by The application with the any container or keep on the recommendation of the except the original licensed premises council will then be package purchased any alcoholic liquor forwarded to the state from the depart- in any bottle or persons under legal age. director. ment, except still other container No person shall sell, A r t i c l e I I I . wines placed in which is designed dispensing give, or otherwise supply Prohibitions and p e n s i n g o r for the transporting alcoholic liquor or beer to Restrictions serving containers of such beverages any person knowing or S e c . 3 - 3 0 0 1 for temporary except as permitted having reasonable cause Miscellaneous storage, and except by Iowa law. This to believe him to be under prohibitions. mixed drinks or paragraph shall not legal age, and no person cocktails mixed on apply to the lodging or persons under legal (a)No person shall sell, the premises for quarters of a Class p g dispense, or give to immediate con B" liquor control age shall individually or - any intoxicated per- q jointly have alcoholic sumption. licensee or beer liquor or beer in his or son, xi one simulating (5)R e u s e f o r permittee. their possession or intoxication, any t in theive Sell, 8)S ( e , g , or control; except alcoholic liquor or packagingp beer. alcoholic liquor any otherwise supply case of liquor or beer (b)No person or club container or any alcoholic given or dispensed to a receptacle used beverage or beer to holding a liquor license person under legal age for or any person knowing or retail beer permit within a private home nor his agents or packaging o r h a v i n g and with the knowledge alcoholic liquor; or reasonable cause to and consent of the parent employees, shall do adulterate b the believe him to be any of the following: Y or guardian for beverage (1)Knowingly permit addition of any under legal age, or or medicinal purposes or any gaming, substance, the permit any person as administered to him by gambling, contents o r knowing or having either a physician or solicitation for remaining contents reasonable cause to dentist for .medicinal immoral purposes, of an original believe him to be purposes and except to or immoral or package of under legal age, to the extent that a person alcoholic liquor; or consume a n y disorderly conduct knowingly possess alcoholic beverage under legal age may on the premises any original or beer. handle alcoholic covered by the beverages and beer license or permit. package which has during the regular course been so reused or of his or her employment adulterated. by a liquor- control licensee or beer per- mittee, under the Act. "Legal age means twenty Licensees and per- one (21) years of age or mittees shall furnish to more." the Chief of Police true all parts of such place Sec. 3-3003. Evidence of and accurate information of business shall be legal age. upon which he shall illuminated to a Upon an attempt to maintain a list of those minimum of two (2) purchase alcoholic liquor establishments whose foot-candles as or beer by any person business, other than the measured by a foot- who does not appear to be sale of beer or alcoholic candle meter at a of legal age, the liquor beverages, constitutes plane of thirty (30) licensee or beer per- more than fifty percent of inches above the floor mittee, his agent or the business. line. employee, shall demand Sec.3-3005. Consumption Section 3. Savings clause. and the prospective in public place— This ordinance shall not purchaser, upon such intoxication. impair or affect any act done, It is unlawful for any demand, shall display offense committed or right satisfactory evidence person to use or consume accruing, secured or that he is of legal age. alcoholic liquors or beer acquired, or penalty , for- Any peace officer may upon the public streets or feiture, or punishment in- demand proof of age of highways, or alcoholic curred prior to the time this any prospective pur- liquors in any public ordinance takes effect,but the. chaser, one in possession place, except premises same may be enjoyed, of alcoholic liquor or beer covered by a liquor asserted, enforced, whether on a licensed or control license, and no prosecuted, or inflicted, as permitted premise or in a person shall be in- fully and to the same extent as public.place, on one on toxicated nor stimulate if this ordinance had not been the premises,of such an intoxication in a public passed. establishment not ac- place. Section 4. All ordinances cepted under the Sec. 3-3006. Booths and and parts of ordinances in provisions of section 3- lighting. conflict herewith are hereby 3004. (a)Booths.No booths shall repealed. Any person under legal be permitted or used in Section 5. This ordinance is age who presents to any connection with the in full force and effect from vendor falsified evidence operation of a business and after its passage and of age,as provided above, under any Class "A", publication as provided, by shall be guilty of a "B", or "C" liquor law: misdemeanor. license Class Passed this 21st day of Sec. 3-3004. Minors "B" beerr permit, December, 1972. prohibited on premises. unless the same are Stuart N. Smith, It is unlawful for a entirely open at one Mayor person under twenty one side with an unob- Louise Whitcome, (21) years of age to be in, structed view therein City Clerk or for any person from the rest of the Published in The Ames knowingly to permit a room. The total height ily Tribune January 11 person under the age of of any booth structure 72 Y twenty one (21) years to shall not exceed forty be in a place where beer (40) inches. -or alcoholic beverages (b)Lighting. The place of are sold unless at least said business shall be fifty percent of the lighted so that all business conducted by the objects are plainly licensee or permittee is visible at all times,and other than the sale of beer or alcoholic beverages. The provisions of this section shall not apply to any person under the age of twenty one (21) years of age who; (a) is ac- companied by a parent, guardian or a spouse who is twenty one (21) years of age or older,or(b) is a regular employee of the permit holder while performing regular duties during the course of employment.