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Home My WebLink AboutA018 - Memo from Assistant City Attorney dated January 30, 1990 to Police Chief - Ordinance revisions MEMORANDUM TO: Dennis Ballantine, Police ChiefLl Sgt. Smith, Police Department Sgt. Reid, Police Department FROM: Judy K. Parks, Assistant City Attorney DATE: January 30, 1990 RE: Minors on Premises Ordinance Revisions With this memorandum please find a draft of the minors on premises ordi- nance that will incorporate the changes we discussed relating to banding and posting. I also clarified the employee exception so that only on-duty employees are included. All the provisions that will be enforced against the customer/citizen are included in the ordinance, and must be there to give the public notice of what behavior is in violation. Also, those provisions that will be enforced against the licensees that are not subject to negotiation are in the ordinance. Please read through this carefully, and if you have suggestions on how to reword anything to make it clearer, let me know. I look forward to hearing your comments. JKP:dls w ki iehJQd �r�.i r1AhCe DRAFT 1, 1-30-90 ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING SECTION 17.16 AS IT NOW EXISTS AND REENACTING A NEW SECTION 17.16 FOR THE PURPOSE OF ; REPEAL- ING ALL ORDINANCES IN CONFLICT HEREWITH; ESTABLISH- ING A PENALTY AND SETTING AN EFFECTIVE DATE. IT IS HEREBY ORDAINED, the the Municipal Code of the City of Ames, Iowa, is amended as follows: Section One. The Municipal Code of the City of Ames, Iowa is hereby amended by repealing Sec. 17.16 as it now exists and reenact- ing Sec. 17.16 as follows: "Sec. 17.16. MINORS PROHIBITED ON CERTAIN PREMISES. (1) It shall be unlawful for the holder of a license or permit issued pursuant to the 'Iowa Alcoholic Beverage Control Act' for premises where more than fifty percent (500) of the business conducted is the sale or dispensing of alcoholic beverages and for every person employed with respect to such premises to knowingly permit or fail to take reasonable measures to prevent the entry onto such premises of any and all persons who have not yet attained the age for lawful purchase and possession of alcoholic beverages. (2) However, the provisions of subsection (1) above shall not apply when: (a) The underage person is an employee of the license holder, or performing a contracted service with respect to said premises, but only during the hours the person is on duty. (b) The underage person is accompanied by a parent, guardian or spouse who is of legal age for the purchase of alcoholic beverages. (c) The underage person is on the premises during a time that the licensee has, in accordance with a written notice and plan given in advance to the Chief of Police, suspended dispensing alcoholic beverages on the licensed premises or on a clearly delineated part of the licensed premises operated under a differentiating trade name. It shall be the strict duty of a licensee permitting such underage See. 17.16. MINORS PROHIBITED ON CERTAIN PREMISES. (1) It shall be unlawful for the holder of a license or permit issued pursuant to the'Iowa Alcoholic Beverage Control Act'for premises where more than fifty percent(50%)of the business conducted is the sale or dispensing of alcoholic beverages for consumption on the premises,and for any person employed with respect to such premises to knowingly permit or fail to take reasonable measures to prevent the entry onto such premises of any and all persons who have not yet attained the age of twenty-one. It shall be the duty of the licensee and of the person or persons managing such premises to cause to be posted and maintained at all times an easily readable notice in the English language stating that persons less than 21 years of age are prohibited from entering the premises. (Ord.No. 3116, 2-5-91;Ord.No. 3119, 2-16-91) (2) However,the provisions of subsection(1)above shall not apply when: (a) The underage person is an employee of the license holder,or performing a contracted service with respect to said premises,and is on the premises during their scheduled work hours. (b) The underage person is accompanied by a parent,guardian or spouse who is of legal age for the purchase of alcoholic beverages. (c) The underage person is on the premises during a time that the licensee has,in accordance with a written notice and plan given in advance to the Chief of Police,suspended dispensing alcoholic beverages on the licensed premises or on a clearly delineated part of the licensed premises operated under a differentiating trade name. It shall be the strict duty of a licensee permitting such underage persons onto the licensed premises pursuant to such a plan, and of all persons employed with respect to said premises,to prevent underage persons from consuming or possessing alcoholic beverages on said premises. Police officers shall be admitted to the premises at any time to monitor compliance with all applicable laws. Failure in that duty whether knowingly or otherwise,shall be punishable as a violation of this section. (d) The underage person is on the premises as a participant in a special event for a non-profit organization,or in a banquet or ceremonial dinner for any organization,in accordance with a plan approved in advance by the Chief of Police. It shall be the strict duty of a licensee permitting such underage persons onto the licensed premises, and of all persons employed with respect to said premises,to prevent underage persons from consuming or possessing alcoholic beverages on said premises. (e) The underage person is on the premises during specified posted hours that the licensee does its business primarily in food sales,in accordance with a plan approved in advance by the Chief of Police. To receive plan approval,a licensee shall be required to demonstrate that there is a clearly definable pattern of daytime hours during which more than 50%of the business'sales are food. It shall be the strict duty of the licensee,and of all persons employed with respect to said premises,to remove all underage persons from the premises before the start of restricted admission hours each day,and it shall be the strict duty of the licensee permitting underage persons onto the premises,and of all persons employed with respect to said premises,to prevent underage persons from consuming or possessing alcoholic beverages on said premises. Failure in these duties,whether knowingly or otherwise,shall be punishable as a violation of this section. (Ord.No. 3121,Sec. 1, 3-5-91;Ord.No. 3154,See. 1, 12-17-91;Ord.No. 3214,Sec. 1, 1-26-93;Ord.No. 3269, Sec. 1, 3-22-94) (3) It shall be unlawful for any person who has not yet attained the age for lawful purchase and possession of alcoholic beverages to go onto such premises as are described in subsection(1)except as is provided for by subsection (2)• (4) Violation of the provisions of subsections 17.16(1)through 17.16(3)pertaining to underage persons on licensed premises shall be a municipal infraction punishable by a penalty of$100 for a person's first violation and$200 for each repeat violation. Alternatively,violation of those stated subsections can be charged by a peace officer of the City as a simple misdemeanor. (Ord.No. 3497,Sec. 25, 8-25-98;Ord.No. 3500,Sec. 1, 10-13-98;Ord.No. 3551, 3-7-00) (5) Minors Prohibited on Premises at nude Performances. Persons under the age of 18 years shall not attend any live entertainment or performance presented for commercial purposes,that consists in whole or in part of persons exposing human genitalia,human buttocks,or the human female breast nipple. No person shall participate in presenting such entertainment to a person under the age of 18. A violation of this subsection shall be a municipal infraction punishable by a penalty of$100 for a person's first violation thereof and$200 for each repeat violation. Alternatively,violation of this subsection can be charged by a peace officer of the City as a simple misdemeanor. (Ord.No.2700,Sec. 2, 1-16-79;Ord.No. 3003,Sec.24,2-23-88;Ord.No. 3033,Sec. 1, 1-24-89;Ord.No. 3039,Sec. 1, 2-17-89;Ord.No. 3046,Sec. 1, 5-9-89;Ord.No. 3052, Sec. 1, 6-27-89;Ord.No. 3068,Sec. I&2, 1-9-90;Ord.No. 3289,Sec. 1, 8-23-94; Ord.No. 3497,Sec.26, 8-25-98;Ord.No. 3551, 3-7-00, Ord.No. 3589, 9-26-00)