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HomeMy WebLinkAbout~Master - Amending Chapter 3 of Municipal Code; Relating to Alcoholic Beverages December 1 , 1971 i ORDINANCE N0. 2382 f ! AN ORDINANCE AMENDING CHAPTER #3 OF THE MUNICIPAL CODE OF THE CITYI OF AMES , IOWA; REPEALING CHAPTER #3 , ESTABLISHING A NEW CHAPTER ! ; DESIGNATED ALCOHOLIC BEVERAGES ; REPEALING ALL ORDINANCES AND PARTSI iOF ORDINANCES IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES , IOWA: Section 1. Chapter #3 of the Municipal Code of the City of :! Ames , Iowa, as hitherto existing is hereby repealed. Section 2. A new chapter to be numbered 3 is added to the Municipal Code of the City of Ames , Iowa , as follows : ij ALCOHOLIC BEVERAGES Article I . General Sec. 3-1001. Short title. f {` This chapter shall be known as the "Alcoholic Beverages ii j and Liquor Control Ordinance. " i i Sec. 3-1002 . State act adopted by reference. The Iowa Beer and Liquor Control Act, hereinafter referrjd �i to as the Act, including future amendments thereto , is hereby adopted by reference thereto, as if set forth herein �+ at this point, without regard to the fact that it is ;! hereinafter added to and repeated in part. Violation of such Act within the City of Ames is hereby declared to be an offense against the City and punishable as a misdemeanor) i� �r ! Sec 3-1003 Powers of the City Council ._ rf j, The City Council shall have the power to suspend any i� retail beer permit or liquor control license for violation of any ordinance or regulation adopted by such Council. The City Council is also impowered to adopt ordinances or �! regulations for the location of premises of retail beer and I� liquor control licensed establishment and is empowered to f adopt ordinances , not in conflict with the provisions of the Act and that do not diminish the hours during which beer or alcoholic beverages may be sold or consumed at retail , governing other activities or matters which may ! affect the retail sale and consumption of beer and alcoholic liquor and the health, welfare and morals of the 1 community. # , Article II . Liquor Control Licenses and Permits 1 I DIVISION 1 . GENERAL j' Sec 3-2001 License or permit required._ �j No person shall manufacture for sale or sell for retail any alcoholic beverage or beer unless a license or permit is first obtained as provided in the "Iowa Beer and Liquor `` }' Control Act" and pursuant to the provisions of this Article) i All permits issued hereunder shall be publicly displayed onj !! the premises for which issued at all times , so as to be easily seen by the public. 4 Sec. 3-2002 . Licensing authority. � The power to issue liquor control licenses , special i liquor permits or beer permits is vested exclusively in the! �! Iowa Beer and Liquor Control Department. However, appli- jj - 1 iS ij I -2- r! cations for a Class "A" , Class "B" or Class "C" liquor control license and retail beer permits are subject to ` }j recommendation of approval or disapproval by the City (} Council. ! Sec. 3-2003 . Liquor control licenses--classes . Liquor control licenses shall be of the following classes : f (a) Class "A" . A Class "A" liquor control license may f be issued to a club and shall authorize the holder it to purchase alcoholic liquors from the department only, and to sell such liquors , and beer, to bona 1! fide members and their guests by the individual drink for consumption on the premises only. {{I (b) Class "B" . A Class "B" liquor control license may I be issued to a hotel or motel and shall authorize the holder to purchase alcoholic liquors from the department only, and to sell such liquors , and beer, to patrons by the individual drink for consumption on the premises only , however, beer may also be sold for consumption off the premises . Each such license shall be effective throughout the premises described i in the application. I� { (c) Class "C" . A Class "C" liquor control license may j be issued to a commercial establishment but must be issued in the name of the individual or individuals I who actually own the entire business and shall } authorize the holder or holders to purchase alcoholiF ligours from the department only, and to sell !1 such liquors , and beer, to patrons by the individual drink for consumption on the premises only, however, i beer may also be sold for consumption off the premises . (d) Class "D" • A Class "D" liquor control license may I� be issued only to a common carrier. I I 1 Sec . 3-2004 . Beer permits--classes. Beer permits shall be of the following classes : (a) Class "A" . A Class "A" permit shall allow the holder to manufacture and sell beer at wholesale. 1 Such sales within the state to be made only to holders of "A" , "B" or "C" permits , or liquor contro� licenses . (b) Class "B" . A Class "B" permit shall authorize the I� holder to sell beer for consumption on or off the {� premises . Such beer shall have been purchased from a holder of a Class "A" permit. (c) Class "C" . A Class "C" permit shall allow the holder to sell beer at retail for consumption off the premises . No Class "C" permit shall be issued !i to any person except the owner or proprietor of a grocery or pharmacy. The beer shall have been �{ purchased from a holder of a Class "A" permit and shall be sold in the original containers only. 1� "Grocery store" means any retail establishment, I the principal business of which consists of the i� sale of food or food products for consumptions off �t the premises . I "Pharmacy" means a drug store in which drugs and ! medicines are exposed for sale and sold at retail, or in which prescriptions of licensed physicians and surgeons , dentists or veterinarians are com- pounded and sold by a registered pharmacist. ,i �r I Sec . 3-2005 . Prohibited interest. , It shall be unlawful for any person or persons to be either directly or indirectly interested in more than one class of license or permit. Sec. 3-2006 . License and permit nontransferable. I� fl ! A special liquor permit, liquor control license or beer I permit shall be a purely personal, nontransferable privilege and shall be revocable for cause. Every permit or license shall be issued in the name of the applicant and no person holding a permit or license shall allow any other person I to use same. i Sec. 3-2007 . Premises must be licensed--exception as to I jI conventions and social gatherings . i It is unlawful for any person to allow the dispensing is or consumption of intoxicating liquor, except sacramental wines and beer, in any establishment unless such establish- mentis licensed under this Article. ; i However, bona fide conventions or meetings may bring their own legal liquor onto the licensed premises if the liquor is i; served to delegates or guests without cost. All other 1 provisions of this Article shall be applicable to such 'premises . The provisions of this section shall have no application to private social gatherings of friends or ! i relatives in a private home or a private place which is i; not of a commercial nature nor where goods and services may (; be purchased or sold nor any charge or rent or other thing of value is exchanged for the use of such premises for any j; purpose other than for sleeping quarters . Sec. 3-2008 . Premises must be approved. j i No liquor control license or retail beer permit shall be� issued for premises which do not conform to all applicable ii laws , ordinances , resolutions , and health and fire regulations Nor shall any liquor control licensee have or maintain any interior access to residential or sleeping quarters , unlessl permission is granted by the state director in the form of a living quarters permit. ' ll Sec. 3-2009 . Premises--location. f l The places of business for all Class "B" and "C" liquor j! licenses and Class "B" beer permits shall be located within the boundaries of the C-2 C-3 C-4 and C-5 Districts as designated and regulated by chapter 38 of this Code , and; the official zoning map as amended; provided that no such 1 i location may be within one hundred and seventy five (175) li feet of any school premises used for such purpose or any church premises used for congregational purposes . In determining the distance above, measurement shall be taken i in a direct line from the main entrance of the premises upon which the place of business of the applicant is located to the nearest property line of the school premises or church premises as the case may be. Sec 3-2010 Premises--minimum seatincl capacity and toilet; facilities . No Class "A" , "B" or "C" liquor license or Class "B" j beer license shall be approved for premises nor alcoholic i beverage or beer sold thereon, for consumption on premises , unless such premises are equipped with tables and seats i sufficient to accommodate not less than twenty five persons j at one time and unless there are provided convenient toilet] i! rooms , separate from other rooms , one for the female sex and one for the male sex. Such toilet rooms and facilities! therein shall be maintained in a workable and sanitary condition at all times . j -4- f , �i Seca 3-2011. Premises--transfer of. if The city council may , in its descretion, authorize a !{ licensee or permittee to transfer the license or permit from one location to another within the city, provided that', i the premises to which the transfer is to be made would have' been eligible for a license or permit in the first instances and such transfer will not result in the violation of any } law, and upon payment, in advance , of a fee of ten dollars i ($10 . 00) to cover the cost of inspecting the new location. I Sec. 3-2012 . Separate locations--Class "C" liquor control_ license and "B" or "C" beer license. Every person holding a Class "C" liquor license or a { Class "B" or "C" beer permit having more than one place of business where alcoholic beverage or beer is sold shall be �I required to have a separate license or permit for each separate place of business , except as otherwise provided 1 by state law. ! j { j Sec . 3-2013 . Food service. { 1 The serving of food on the premises is not a prerequisite }{ to the granting of a liquor control license or a beer permit. �j However, if food is to be prepared or served on the premises , j a permit issued pursuant to Chapter 30 of this Code shall i be required. j DIVISION 2. LICENSING PROCEDURE i 'i E{{� Sec. 3-2021 . Filing applications . I ! An original or renewal application for a Class "A" , "B" ! t; or "C" liquor control license or a Class "B" or "C" beer } {j permit, accompanied by the required fee and bond, shall be {{ filed with the City Clerk. Sec. 3-2022 . Application contents , fees and bonds . 3! Applications shall be submitted on forms supplied by they department and shall contain the information required by i the Act -and- department regulations . Fees and bonds shall {� be as provided by the Act. !I ` !} Sec. 3-2023. Initial application--tentative approval of �j premises . i A person intending to make an initial application for a I liquor control license or a beer permit which requires the I �f approval of the city council is encouraged to request, through the city clerk, tentative approval of the premises for such use before expending any funds for construction or[ remodeling. �I Sec. 3-2024 . Initial applications--investigation of ,} applicants . i { Persons making their initial application to the city of i Ames for a liquor control license or a beer permit must li establish their good moral character. to the satisfaction {I of the city council. The council shall make, or cause to i be made, a. thorough investigation to determine the fitness of the applicant and the truth of the statements made in and accompanying the application . Such applicants , before (; expending any funds in preparation for obtaining the license or permit, are encouraged to arrange , through the city clerk , to appear before the city council. Such an appearance is required and shall be not less than one week prior to ' �{ the date on which the council will be requested to act upon the application. ' }G i -5- li { Sec. 3-2025 . License and permit expiration and renewal. �j All liquor control licenses and beer permits , unless i� sooner suspended or revoked, shall expire one year from l date of issued. Renewal applications for Class "A" , "B" and "C" liquor control licenses and Class "B" and "C" beer permits shall be filed with the city clerk on forms to be provided by the director of the state department. Upon { verification, by checking with the Chief of Police , that I statements thereon are true , the city clerk shall forward j the renewal application to the state department. If a j; question should arise as to whether the renewal action it should be approved, the application shall be referred to II the city council . The applicant shall be notified of the date and time that his application will be considered by 1+ the council. The application with the recommendation of the council will then be forwarded to the state director. Ij j` Article III . Prohibitions and Restrictions i 1 Sec. 3-3001 . Miscellaneous prohibitions . (a) No person shall sell , dispense, or give to any it intoxicated person, or one simulating intoxication, any alcoholic liquor or beer. I �I (b) No person or club holding a liquor control license or retail beer permit nor his agents or employees , J1 shall do any of the following : i (1) Knowingly permit any gaming, gambling, solici- I tation for immoral purposes , or immoral or disorderly conduct on the premises covered by !; the license or permit. ij ij (2) Sell or dispense any alcoholic beverage or beer �i on the premises covered by the license or permit Ij or permit the consumption thereon between the hours of two a.m. and six a.m. on any weekday , ;! and between the hours of one a.m. on Sunday and i six a.m. on the following Monday. f; (3) Sell alcoholic beverages or beer to any person j on credit, except with a bona fide credit card. j i This provision shall not apply to sales by a 1 club to its members nor to sales by a hotel or motel to bona fide registered guests . I (4) Keep on any premises covered by a liquor control) license any alcoholic liquor in any container except the original package purchased from the j department, except still wines placed in dispens; ing or serving containers for temporary storage, and except mixed drinks or cocktails mixed on the premises for immediate consumption. (5) Reuse for packaging alcoholic liquor any container ji or receptacle used originally for packaging I� alcoholic liquor; or adulterate , by the addition; i of any substance , the contents or remaining con- j tents of an original package of alcoholic liquor; { or knowingly possess any original package which jl has been so reused or adulterated. }� (6) Any person under legal age shall not be employed �{ in the sale or serving of alcoholic liquor or ;f beer for consumption on the premises where sold unless the person shall be at least eighteen (; years old and the business of selling food or ii other services constitutes more than fifty i; percent of the gross business transacted therein and then only for the purpose of serving or i� -h- jt I clearing alcoholic beverages or beer as an incident to a meal. This paragraph shall not apply to Class "C" beer permit holders . (See Sec. 3-3004 list maintained by Chief of Police. ) ! ii !' (7) Allow any person other than the licensee, permittee or employees • of such licensee or permittee , to u ' e or keep on the licensed premises any alcoholic liquor in any bottle or other container which is j designed for the transporting of such beverages i except as permitted by Iowa law. This paragraph] I shall not apply to the lodging quarters of a i, Class "B" liquor control licensee or beer permittee (8) Sell , give , or otherwise supply any alcoholic beverage or beer to any person knowing or having ! reasonable cause to believe him to be under legal age, or permit any person knowing or having reasonable cause to believe him to be under legal }i age, to consume any alcoholic beverage or beer. ,I If (9) In the case of a retail beer permittee, knowingly allow the mixing or adding of alcohol or any i alcoholic beverage to beer or any other beverages in or about his place of business . i li (c) No person under legal age shall misrepresent his or her age for the purpose of purchasing or attempting ! to purchase any alcoholic beverage or beer from any i licensee or permittee. If any person under legal age shall misrepresent his or her age , and the licensee or permittee establishes that he made reasonable inquiry to determine whether such prospective pur- chaser was over legal age, such licensee or permittee shall not be guilty of selling alcoholic liquor or �f beer to minors . j Sec. 3-3002 . Sale or supply to and possession by persons j If under legal age. j I; No person shall sell , give , or otherwise supply alcoholic liquor or beer to any person knowing or having reasonable cause to believe him to be under legal age, and no person or persons under legal age shall individually or jointly it have alcoholic liquor or beer in his or their possession or i control; except in the case of liquor or beer given or 1 dispensed to a person under legal age within a private home] and with the knowledge and consent of the parent or guardian �i for beverage or medicinal purposes or as administered to I him by either a physician or dentist for medicinal purposes ii and except to the extent that a person under legal age may j handle alcoholic beverages and beer during the regular 1 course of his or her employment by a liquor control licensee or beer permittee, under the Act. "Legal age means twenty one (21) years of age or more. " Sec. 3-3003 . Evidence of legal age. j ji Upon an attempt to purchase alcoholic liquor or beer by any person who does not appear to be of legal age, the liquor licensee or beer permittee , his agent or employee, i, shall demand and the prospective purchaser, upon such demand, shall display satisfactory evidence that he is of legal age. Any peace officer may demand proof of age of any prospective purchaser, one in possession of alcoholic liquor or beer whether on a licensed or permitted premise or in a public place, on one on the premises of such an establishment not accepted under the provisions of section ; !' 3-3004. Any person under legal age who presents to any vendor falsified evidence of age, as provided above, shall be guilty of a misdemeanor. f -7- �� I I� Sec 3-3004 . Minors prohibited on 2remises. It is unlawful for a person under twenty one (21) years of age to be in, or for any person knowingly to permit a person under the age of twenty one (21) years to be in a ' place where beer or alcoholic beverages are sold unless at j'��ION least fifty percent of the business conducted by the licensee or permittee is other than the sale of beer or alcoholic i _0 , beverages. The provisions of this section shall not apply I O to any person under the age of twenty one (21) years of age who; (a) is accompanied by a parent, guardian or a spouse who is twnety one (21) years of age or older, or (b) is a regular employee of the permit holder while performing S' regular duties during the course of employment. {4 Licensees and permittees shall furnish to the Chief of Police ice true and accurate information upon which he shall I j maintain a list of those establishments whose business , other than the sale of beer or alcoholic beverages , constitutes more than fifty percent of the business. { Sec 3-3005 Consumption in public places--intoxication. i It is unlawful for any person to use or consume alcoholic liquors or beer upon the public streets or highways , or alcoholic liquors in any public place, except premises covered by a liquor control license, and no person shall ! {! be intoxicated nor simulate intoxication in a public place. I� �i Sec. 3-3006 . Booths and lighting. ij (a) Booths. No booths shall be permitted or used in I� connection with the operation of a business under any Class "A" , "B" , or "C" liquor license or Class ! "B" beer permit, unless the same are entirely open j at one side with an unobstructed view therein from }E the rest of the room. The total height of any booth ! structure shall . not exceed forty (40) inches . I (b) Lighting. The place of said business shall be lighted so that all objects are plainly visible at all times , and all parts of such place of business 'j shall be illuminated to a minimum of two (2) foot- candles as measured by a foot-candle meter at a plane of thirty (30) inches above the floor line. j !� Section 3. Savings clause. This ordinance shall not ji impair or affect any act done, offense committed or right accruing', secured or acquired, or penalty, forfeiture, or punishment incurred prior to the time this ordinance takes effect, but the same may bey 11 enjoyed, asserted, enforced, prosecuted, or inflicted, as fully i and to the same extent as if this ordinance had not been passed. j i Section 4 . All ordinances and parts of ordinances in j conflict herewith are hereby repealed. Section 5 . This ordinance is in full force and effect from and after its passage and publication as provided by law. I Passed this 21st day of December 19 71_. 4Loistefltitdo-me-, City Clerk Stuart N. Smith, Mayor ij �f 11/30/71 Moved by Fellinger-Maxwell the ordinance pass on lst reading. Aye : Thurston, Maxwell, Fellinger, Nelson, Fisher, Koerber Nay: None Ordinance declared passed on lst reading. 12/7/71 Moved by Koerber-Fisher the ordinance pass on 2nd reading. Aye : Thurston, Maxwell, FellingE�r, Nelson, Fisher, Koerber Nay: None Ordinance declared passed on 2nd rE!ading. 12/21/71 Moved by Fellinger-Fisher the ordinance pass on 3r..d reading. Aye : Thurston, Maxwell, Fellinger, Fisher Nay: None Absent: Nelson, Koerber Ordinance declared adopted.