HomeMy WebLinkAboutA024 - Memo from Police Chief to Bar Owners - changes to proposed ordinance WS
TO: Bar Owners
FROM: Chief Ballantine
DATE: 2/14/90
SUBJECT: Over/Under Ordinance
At last night's City Council meeting, Mayor Curtis announced that the first
reading of the Over/Under Ordinance will be voted on at the February 27,
1990, Council meeting. City Staff is proposing some minor changes to the
ordinance of which you need to be aware. They basically involve new
requirements for posting and the wearing of wristbands by all individuals.
Copies of these proposed amendments to the ordinance are attached. Please
review them and contact me if you have any comments or questions. You are
also welcome to attend the Council Meeting on February 27, 1990, at 7:30
p.m. to share your thoughts with the Council Members.
c: Molly Olinger
City Council Members
�r-went Ord ihGlhc�
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 (50%) 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.
(b) The undera.-e 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) Persons aged 19 and 20 can be on the premises during a time
that the licensee has, in accordance with a written plan
approved by the Police Chief, undertaken to identify and
mark all persons on the premises as being of either lawful age
or not for purchase and possession of alcoholic beverages.
All persons shall be identified by means of a distinctive
wrist band that can only be removed by cutting or by an ink
stamp on the hand placed there by an employee of the
licensed premises. 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.
1
SUPP 17/1985 CODE 17-6 Jan. 1, 1990
I
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. Failure in that duty whether knowingly or
otherwise, shall be punishable as a violation of this
section. Police officers shall be admitted to the premises
at any time to monitor compliance with all applicable laws.
This-subsection-shad-be err-effeet-only-rind-Apiql-1;-1999-
(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) Any person violating this section shall be guilty of 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. 1 & 2, 1-9-90)