HomeMy WebLinkAboutA028 - Letter from City Attorney to ABD dated April 19, 2001 - history of Ames ordinance - City Attorney's Office
515 Clark Avenue,P.O. Box 811
C.ring People Ames, IA 50010
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F%epliaval Seivice
April 19, 2001
Lynn M. Walding, Administrator
Alcoholic Beverages Division
Iowa Department of Commerce
1918 S.E. Hulsizer Road
Ankeny, Iowa 50021
Re: Ames Ordinance Regulating Minors on Licensed Premises
Dear Lynn:
In response to your phone call yesterday asking for information on the history of the Ames ordinance
that regulates admission of minors to liquor establishments, I will give a brief account of how the
ordinance (copy attached) evolved over the past thirty years.
December, 1971 (Ord. 2382): Prohibit"underage person"on premises where over 50%of sales are
alcoholic beverages,with exceptions for employees and persons accompanied by parents or spouse
of legal age.
January, 1979(Ord.2700): An exemption is added for events sponsored by non-profit organizations,
with council approval.
January, 1989 (Ord. 3033): An exemption is made for an establishment that, with a plan approved
by the police chief, has suspended all sales and dispensing for a specified time.
February, 1989 (Ord. 3039): The exemption of council approved non-profit organization events is
deleted.
May, 1989 (Ord. 3046): In response to an ISU student petition drive, the so-called "over/under"
exemption is enacted to allow 19 and 20 year olds on the premises if IDed and issued wristbands to
distinguish those who could and could not legally have alcoholic beverages. It had a sunset clause
of January 1, 1990.
December, 1989 : An ordinance to extend the"over/under"plan to April, 1990 is vetoed by mayor.
January 1990 (Ord. 3068): With the signature of a new mayor, the "over/under" exemption was
extended to April 1, 1990, but it then lapsed and was not re-enacted.
' f
March, 1991 (Ord. 3121): An exemption is added for non-profit organization events, even if liquor
sales/dispensing not suspended, if approved by the city council.
December, 1991 (Ord. 3154): An exemption is added for banquet/ceremonial dinners of any
organization, if approved by the city council.
January, 1993 (Ord. No. 3214): An exemption is added to allow underage persons on the premises
during specified times of day when sales are more than 50% food if a plan is approved by police
chief.
March, 1994 (Ord. 3269): The exemption for banquet/ceremonial dinner is changed from council
approval to police chief approval.
Although the regulations make it an offense for the licensee to permit or fail to take reasonable
measures to prevent underage persons on the premises,all citations have been issued to the underage
persons discovered on the premises by police.
Last year the city council denied renewal to an establishment that had 14"underage on the premises"
incidents in one year. The non-renewal was upheld on appeal to the Division. In response, a
coalition of licensees worked with the city administration to develop a process for licensee
performance evaluation to be considered at renewal time.
Yours truly,
/ John R. Klaus
City Attorney
cc Mayor and Council
City Manager
Police Chief