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HomeMy WebLinkAboutA007 - Letter from City Attorney dated March 22, 1989 to GSB - proposed ordinance i+ AMES C ITY OF AMES iOWA 5001 ALL-AMERICA CTTy 1982-1983 March 22, 1989 Mr. Doug Martin, President Government of the Student Body 15 Memorial Union Iowa State University Ames, Iowa 50011 Re: Ordinance to Create Another Exception to the Prohibition Against Underage Persons Being in Bars Dear Mr. Martin: In accordance with your request, I have prepared an ordinance to create another exception to the prohibition against underage persons being in bars. This exception would permit persons aged 19 or 20 in bars if they are there pursuant to a program adopted by the bar operator to issue identifying wrist bracelets that can only be removed if cut. This identification program would need to be approved, in advance, by the Police Chief. The new subsection is to expire at the end of this calendar year. If the experience has been acceptable, the Council may reenact the ordinance. A "sunset clause" was your idea, as I recall . You also suggested including a minimum fine. However, in talking to the Chief of Police, I learned that the Judge has been assessing the maximum fine of $100.00. Yours trul�r, John R. Klaus City Attorney 5th & Kellogg Ames, Iowa 50010 (515) 239-5146 JRK:gmw $ Enclosure cc: Mayor and Council ? City Manager Chief of Police f AMES — THE CENTER OF IT ALL ORDINANCE NO. AN ORDINANCE TO AMEND TIIE MUNICIPAL CODE OF THE CITY OF AMES, IOWA BY REPEALING SEC. 17.16 AND EN- ACTING A NEW SEC. 17.16 REGULATING MINORS ON CER- TAIN PREMISES; ESTABLISHING A PENALTY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND ESTABLISHING AN EFFECTIVE DATE BE IT ORDAINED, by the City Council of the City of Ames, Iowa: Section One. The Municipal Code of the City of Ames, Iowa shall be and is hereby amended by repealing See. 17.16 and enacting a new Sec. 17.16 as follows: "Seel 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 dispens- ing of alcoholic beverages and for every person em- ployed 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. 4 .f ' (2) However, the provisions of subsection (1) above shall not apply when: (a) The underage person is an employee of the ,a license holder, or performing a contracted service ,F. with respect to said premises. (b) The underage person is accompanied by a parent, guardian or spouse who is of legal age for the purchase of alcoholic beverages. ,i (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 'j 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 ' 4 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. a (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 for purchase and possession of alcoholic beverages, or not, by means of a distinctive wrist band that can only be removed by cutting. It shall be the strict duty of a licensee permitting such underage 1 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. This subsection shall be in effect only until January 1, 1990. (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 V by subsection (2)." Section Two. Violation of this ordinance shall constitute a misdemeanor. Section Three. All ordinances or parts of ordinances in conflict here- with are hereby repealed to the extent of such conflict, if any. Section Four. This ordinance shall be in full force and effect from and after its publication as required by law. Adopted this day of 1989 Nancy Dionigi, Acting City Clerk F. Paul Goodland, Mayor 097 i �i 1