HomeMy WebLinkAboutA001 - cover letter dated March 4, 1991 I'ii�� CITY OF AMES , IOWA 50010
ALL-AMEIOCA CITY
1982-1983
March 4, 1991
Honorable Larry R. Curtis, Mayor,
and Members of the City Council
of the City of Ames, Iowa
Re: Procedures for Underage Persons on Liquor Premises — Special Events
Dear Mayor Curtis and Council Members:
When the Council adopted the ordinance to allow the Chief of Police to
administratively approve underage persons on liquor premises, under plans
for special events, I prepared the ordinance so as to require that the
dispensing of alcoholic beverages be discontinued during the event, which I
thought was the policy.
Since then there have been requests to the Council by non—profit groups,
for persons under the legal age to be on liquor premises for special events
while liquor is being sold, and the Council has approved those requests.
Therefore, it would be appropriate to revise the ordinance to clearly state
this policy. This can be done in one of two ways, as shown by the attached
alternate ordinance forms.
Alternate 1. adds to subsection 17.16(2) an item (d) by which the City
Council can approve underage persons on any liquor premises for a non—prof—
it organization's special event on whatever terms the Council would deem
appropriate. Alternate 2. would keep all approval process within the
administrative function of the Chief of Police by striking from item (c) of
the existing ordinance, the phrase "dispensing alcoholic beverages on the
licensed premises It is my understanding that this matter will be on
the Council 's agenda for March 5th. At that time, either alternative can
be moved for enactment.
Yours truly,
' John R. aus
City Attorney
cc: Police Chief
AMES - THE CENTER OF IT ALL
ALTERNATE A
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE
CITY OF AMES, IOWA, BY REPEALING SUBSECTION 17.16(2)
AND RE-ENACTING THE SAME REVISED WITH RESPECT TO
PROCEDURES FOR UNDERAGE PERSONS IN LIQUOR ESTAB-
LISHMENTS FOR SPECIAL EVENTS; REPEALING ALL ORDI-
NANCES IN CONFLICT HEREWITH; ESTABLISHING A PENAL-
TY AND SETTING AN EFFECTIVE DATE.
BE IT ORDAINED, by the City Council for the City of Ames, Iowa:
Section One. The Municipal Code of the City of Ames, Iowa is
hereby amended by repealing subsection 17.16(2) and re-enacting the
same to read as follows:
"(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 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 re-
spect to said premises, to prevent underage per-
sons from consuming or possessing alcoholic beverag-
es 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 partic-
ipant in a special event authorized by the city
council for a non-profit organization."
Section Two. Violation of the provisions of this ordinance shall
constitute a simple misdemeanor punishable by a fine not to exceed $100
or by imprisonment for not more than 30 days.
Section Three. All ordinances or parts of ordinances in conflict
herewith shall be repealed to the extent of such conflict if any.
Section Four. This ordinance shall be in full force and effect
from and after its passage and publication as required by law.
Passed this day of , 1991.
Nancy Dionigi, City Clerk Larry R. Curtis, Mayor
0149
ALTERNATE B
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE
CITY OF AMES, IOWA, BY REPEALING SUBSECTION 17.16(2)
AND RE-ENACTING THE SAME REVISED WITH RESPECT TO
PROCEDURES FOR UNDERAGE PERSONS IN LIQUOR ESTAB-
LISHMENTS FOR SPECIAL EVENTS; REPEALING ALL ORDI-
NANCES IN CONFLICT HEREWITH; ESTABLISHING A PENAL-
TY AND SETTING AN EFFECTIVE DATE.
BE IT ORDAINED, by the City Council for the City of Ames, Iowa:
Section One. The Municipal Code of the City of Ames, Iowa is
hereby amended by repealing subsection 17.16(2) and re-enacting the
same to read as follows:
"(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 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, ktt�WAd CAbAWAk\ 'WM44k
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tth"M A tlxf \*"tjht1W tMdA t 4ViA. 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 re-
spect to said premises, to prevent underage per-
sons from consuming or possessing alcoholic beverag-
es 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.
Section Two. Violation of the provisions of this ordinance shall
constitute a simple misdemeanor punishable by a fine not to exceed $100
or by imprisonment for not more than 30 days.
Section Three. All ordinances or parts of ordinances in conflict
herewith shall be repealed to the extent of such conflict if any.
Section Four. This ordinance shall be in full force and effect
from and after its passage and publication as required by law.
Passed this day of 1991.
Nancy Dionigi, City Clerk Larry R.
0149 Curtis, Mayor