HomeMy WebLinkAboutA044 - Legal Opinion dated August 29, 2002 Memo
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TO: Diane Voss, City Clerk
FROM: John R. Klaus,City Attorney
DATE: August 29, 2002
SUBJECT: Smoking Ordinance, "People's"Affidavit
An affidavit was filed August 23 by Tom Zmolek with respect to "People's Bar & Grill" per Section
21A.201 Ames Code. You ask if it is a proper and effective affidavit under §21A.201 Ames Code. The
pertinent words are:
"if non-alcoholic food sales at such establishment are less than ten percent of the dollar
amount of sales of all kinds at that establishment ..."
There is a food service license issued for"People's Bar&Grill"at 2430 Lincoln Way;a food service license
for"Lumpy's at 2428 Lincoln Way;and a single liquor license has been issued to encompass both"People's
Bar&Grill"and"Lumpy's Underwhere?". The exemption affidavit is made for"People's Bar&Grill"at
2430 Lincoln Way. The affidavit does not pertain to "Lumpy's". Therefore sales at "Lumpy's" are not
included in the 10%computation. The affidavit is effective to allow smoking at"People's Bar&Grill".
The police department asked you how "People's" could allow minors on the"People's"premises if more
than half the business is alcoholic beverage sales,given the 50%rule of Section 17.16(1)Ames Code. The
answer is that minors can be on the premises pursuant to Section 17.16(2)(e)if,as that subsection provides:
"(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."
That exemption to the liquor ordinance requires that"People's"demonstrate that there is a clearly definable
pattern of daytime hours during which more than 50%of the business is food,even though over all the hours
of operation food sales are less than 10%.
JRK:gmw
c: Loras Jaeger
Michael Johns