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HomeMy WebLinkAbout~Master - Amending Chapter 3 of Municipal Code; Repealing Sunday Alcohol Sale Restrictions ORDINANCE NO. 2452 AN ORDINANCE AMENDING CHAPTER #3 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA; REPEALING SECTION 3-3001 AND ESTABLISHING A NEW SECTION 3-3001; REPEALING RESTRICTIONS ON SUNDAY SALE OF ALCOHOL AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES, IOWA: Section 1. Section 3-3001 of the Municipal Code of the City of Ames, Iowa, as hitherto existing is hereby repealed. Section 2. A new section to be numbered 3-3001 is hereby added to the Municipal Code of the City of Ames, Iowa, as follows : Sec. 3-3001. Miscellaneous prohibitions. (a) No person shall sell, dispense, or give to any intoxicated person, or one simulating intoxication, any alcoholic liquor or beer. (b) No person or club holding a liquor control license or retail beer permit nor his agents or employees, shall do any of the following: (1) Knowlingly permit any unlawful gaming, gambling, solicitation for immoral purposes, or immoral or disorderly conduct on the premises covered by the license or permit. (2) Sell or dispense any alcoholic beverage or beer on the premises covered by the license or permit, or permit the consumption thereon between the hours of two a.m. and six a.m, on any weekday, and between the hours of two a.m, on Sunday and six a.m. on the following Monday; however, a holder of a liquor control license or class "B" beer permit to whom the Iowa Beer and Liquor Control Department has granted the privilege of selling alcoholic liquor or beer on Sunday may sell or dispense such liquor or beer between the hours of Noon and ten p.m on Sunday. (3) Sell alcoholic beverages or beer to any person on credit, except with a bona fide credit card. This provision shall not apply to sales by a club to its members nor to sales by a hotel or motel to bona fide registered guests. (4) Keep on any premises covered by a liquor control license any alcoholic liquor in any container except the original package purchased from the department, except still wines placed in dispensing 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 or receptacle used originally for packaging alcoholic liquor; or adulterate, by the addition of any substance, the contents or remaining contents of an original package of alcoholic liquor; or knowingly possess any original package which has been so reused or adulterated. -2- -r (6) Any person under legal age shall not be employed in the sale or serving of alcoholic liquor or beer for consumption on the premises where sold unless the person shall be at least eighteen (18) years old and the business of selling food or other services constitutes more than fifty percent (500) of the gross business transacted therein and then only for the purpose of serving or clearing alcoholic beverages or beer as an incident to a meal. This paragraph shall not apply to class "C" beer permit holders . (7) Allow any person other than the licensee, permittee or employees of such licensee or permittee, to use or keep on the licensed premises any alcoholic liquor in any bottle or other container which is designed for the transporting of such beverages except as permitted by Iowa law. This paragraph shall not apply to the lodging quarter of a 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 age , to consume any alcoholic beverage or beer. (9) In the case of a retail beer permittee, knowingly allow the mixing or adding of alcohol or any alcoholic beverage to beer or any other beverage in or about his place of business . (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 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 purchaser was over legal age, such licensee or permittee shall not be guilty of selling alcoholic liquor or beer to minors . Section 3 . All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 4 . This ordinance is in full force and effect from and after its passage and publication as provided by law. Passed this 4th day of September 1973 . Mary E . aul, City Clerk Stuart N . Smith, Mayor lst Reading - 8-7-73 - (Koerber-Huston) Ayes : Koerber, Calhoun, Maxwell, Huston, Nelson. Absent : Pounds . 2nd Reading - 8-28-73 - (Huston-Koerber) Ayes : Huston, Pounds, Koerber, Calhoun, Nelson. Absent : Maxwell. Final Reading - 9-4-73 - (Maxwe" l-Calhoun) Ayes : Pounds, Koerber, Calhoun, Maxwell, Huston, Nelson. Nays : N ne .