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HomeMy WebLinkAboutA001 - Leter from Department of Revenue and Finance, Applicants with no local place of business STATE OF I A DEPARTMENT OF REVENUE AND FINANCE GERALD D. BAIR, DIRECTOR May 30, 2001 To Iowa cities and counties where retail cigarette permits are issued: Retail Cigarette Permit Applications From Sellers With No Local Place Of Business Some Iowa localities have recently had inquiries or received retail cigarette permit applications from businesses that have no place of business within the local jurisdiction. These businesses typically intend to sell and advertise to local residents via mail and/or the internet rather than through a local outlet. The local jurisdictions have asked the Iowa Department of Revenue &Finance for guidance as to whether Iowa law authorizes retail cigarette permits to be issued under these circumstances. Chapter 453A of the Code of Iowa contemplates that a retail permit-holder will have a physical place of business within the jurisdiction of the permit-issuing authority.' This requirement is consistent with the legislature's concerns regarding the purchase of cigarettes by minors; verification that a would-be buyer is of legal age is most reliably performed in face-to- face transactions in which the seller can examine the ID and see the customer. Therefore, to obtain a retail cigarette permit an applicant must have a physical outlet within the jurisdiction of the permit-issuing locality. The physical outlet may be a new sales location, or in the alternative an existing sales outlet having a valid retail cigarette permit in your jurisdiction could be designated as the applicant's agent for these purposes. In this case, the applicant would not be required to obtain a new retail permit. In either case, the local outlet would serve as the local physical point-of-contact between customers and the seller. This would ensure that a retail cigarette permit is issued only for local retail outlets as required by the Iowa Code, which would in turn ensure meaningful checking of ID's. Finally, note that under Iowa law the power to grant a retail cigarette permit is discretionary with the city council or county board of supervisors, and uniform, nondiscriminatory limits may be placed on its issuance.2 If you have questions, please contact Dawn Johnson at 515-281-8023. PO BOX 10456 / DES MOINES.IOWA 50306-0456 I--n An M III n[Klr` / mrWIDII CI rNnD / MCC RAnIAICC InMIA R0110 May 30, 2001 Page 2 Sincerely, ,4, 2e --- Dale Thede Program Manager- Excise Taxes Compliance Division (515) 281-3766 Fax (515) 281-3756 D ale.ThedeQidrf.state.i a.us 1 See, e.g., Iowa Code § 453A.1 (2 1) ("Retailer" shall mean and include every person in this state who shall sell ... cigarettes..."); Iowa Code § 453A.13 (2) ("Cities may issue retail permits to dealers within their respective limits."); Iowa Code § 453A.22 (3) (When a retail permit is revoked, a new permit is not to be issued"for the place of business at which the violation occurred"for one year without good cause.) See also Iowa Code §§ 453A.1 (19) & (20); 453A.13 (3), (5), (7), (8) & (9); and 701 Iowa Administrative Code §§ 81.12 (1) & 82.1 (7)(a) & (b). 2See 701 Iowa Administrative Code § 82.1 (7)(a). Received a call from Dale Thiede, Iowa Department of Revenue &Finance, about the mail order tobacconist I referred to them the other day. (It was Shirley, from Santa Fe Tobacco.) He said that I gave her the correct information—they would need a retailpen-nit from every local jurisdiction, city or county, they sell to in owa. He asked me to call him if they sent an application in, though,because his department is trying to work with the Attorney General's office to help develop some guidelines. He feels the City's lack of ability to enforce age restrictions or collection of local option sales taxes would be valid reasons for us to deny one. During the course of the conversation,Dale mentioned"council approval" several times, and it sounds as if they expect us to have all the cigarette applications approved just as liquor licenses U are. A few years ago I read the state law and it does sound like that is the process, but we didn't do it that way because we used to have an ordinance under which the council had given the City Clerk administrative authority(it was Section 2.36). I just realized today, in talking with Donna, that Sections 2.27 - 2.40 were completely deleted from the code in 1998,when the City Clerk was put under the supervision of the City Manager. (Our code index has a lot of wrong listings now, as a result.) Anyway,we probably need to consult with Diane on how to go about future approvals when she gets back. 5 Another point of discussion might be whether the council should consider changing the municipal code to restrict approval of retail permits to companies with local storefronts or local addresses, or to prohibit tobacco product sales by mail, or something. According to Dale, his department has been successful in preventing many mail- and internet-order companies from listing Iowa as a state where they can do business simply by requiring permits from every jurisdiction. He said ABD is also starting to pursue wine and beer sales by order,but how could they ever monitor it? They can't go checking people's personal mail! It would be easy for a company like Santa Fe to sell crates of cigarettes to fraternities. It's probably legal, too, if the purchaser is 18, even though the younger kids would have access -- in reality, the house would simply become it's own distributor! L , CHAPTER 2 ADMINISTRATION �r ` Sec. 2.1. CITY SEAL DESCRIBED; DECLARED OFFICIAL. The corporate seal of the city has in its center the words "Ames, Iowa," and around the margin the words "City Seal," and such seal is hereby declared to be the official seal of the city. (Ord. No. 2508, Sec. 2, 5-20-75) Sec. 2.2. OFFICERS AND EMPLOYEES BOND. There shall be purchased and maintained in effect a corporate surety bond and public officers and employees fidelity and faithful performance bond conditioned as specified in Section 64.2 and with such further and additional conditions and coverages and in such amounts as the Council shall from time to time deem prudent and appropriate. (Ord. No. 2508, Sec. 2, 5-20-75: Ord. No. 3071, Sec. 1, 2-27-90) [State Law Ref. Iowa Code Sec. 64.13] Sec. 2.3. WHERE BONDS FILED. Each of the bonds required by section 2.2 above shall be filed in the clerk's office. (Ord. No. 2508, Sec. 2, 5-20-75) Sec. 2.4. PAYMENT OF BOND PREMIUMS. The premium costs for all fidelity bonds required by section 2.3, shall be paid by the city from the general fund. (Ord. No. 2508, Sec. 2, 5-20-75) Sec. 2.5. POWERS OF THE MAYOR. The mayor has all the powers and shall perform such duties as are conferred or directed by the statutes of the state or as required by ordinance or resolution of the city council. (Ord. No. 2508, Sec. 2, 5-20-75) Sec. 2.6 MAYOR TO PRESIDE OVER COUNCIL; RIGHT TO VOTE. The mayor shall preside at meetings of the city council. The mayor is not a member of the council and may not vote as a member of the council, except that the mayor may vote to break a tie on motions not involving ordinances, resolutions or appointments made by the council alone. (Ord. No. 2508, Sec. 2, 5-20-75) [State Law Ref. Iowa Code Sec. 372.4] Sec. 2.7. DUTY TO MAINTAIN OFFICE, KEEP SEAL. The mayor shall keep an office in the city, and shall provide for the keeping of the corporate seal thereof. (Ord. No. 2508, Sec. 2, 5-20-75) Sup #19/1990 Code 2-1 Rev. 4-1-95 Sec. 2.8. MAYOR'S ACTION ON COUNCIL MEASURES. The mayor may sign, veto or take no action on an ordinance, amendment or resolution passed by the council. Measures passed by the council, other than motions, become effective in the following ways: (1) If the mayor signs the measure, a resolution becomes effective immediately upon signing and an ordinance or amendment becomes law when published unless a subsequent effective date is provided within this measure. (2) If the mayor vetoes the measure, the reasons for the veto shall be explained in a message to the council at the time of the veto. Within thirty (30) days after the mayor's veto, the council may pass the measure again by a vote of not less than two-thirds of the council members. If the mayor vetoes a measure and the council repasses the measure after the mayor's veto, a resolution becomes effective immediately upon repassage, and an ordinance or amendment becomes a law when published, unless a subsequent effective date is provided within the measure. (3) If the mayor takes no action on the measure, a resolution becomes effective fourteen (14) days after the date of passage and an ordinance or amendment becomes a law when published, but not sooner than fourteen (14) days after the date of passage, unless a subsequent effective date is provided within the measure. (Ord. No. 2508, Sec. 2, 5-20-75) [State Law Ref. Iowa Code Sec. 380.5 and 380.61 Sec. 2.9. REMOVAL OF APPOINTEES. -A" Except as otherwise provided by state or city law, all persons appointed to city office may be removed by the officer or body making the appointment,but every such removal shall be by written order. The order shall give the reasons, be filed in the office of the city clerk,and a copy shall be sent by certified mail to the person removed who, upon request filed with the clerk within thirty days of the date of mailing the copy, shall be granted a public hearing before the council on all issues connected with the removal. The hearing shall be held within thirty days of the date the request is filed, unless the person removed requests a later date. [State Law Ref. Iowa Code Sec. 372.15] Sec. 2.10. RESERVED. Sec. 2.11. OTHER MATTERS PERTAINING TO THE MAYOR AND MAYOR PRO TEM. (1) The mayor is the chief executive officer of the city and presiding officer of the council. Except for the supervisory duties which have been delegated by ordinance to the city manager, the mayor shall supervise all city officers and departments. (2) The mayor may take command of the police and govern the city by proclamation when a time of emergency or public danger exists. Within the City of Ames the Mayor has all the powers conferred upon the sheriff to suppress disorders. (3) The mayor shall appoint a council member as mayor pro tem. (4) The mayor shall receive as full compensation for service the sum of six thousand dollars($6,000.00) per annum, payable as the Mayor shall request. (Ord. No. 2508, Sec. 2, 5-20-75; Ord. No. 2847, Sec. 1, 3-28-83; Ord. No. 2961, Sec. 1, 94-86; Ord. No. 3048, Sec. 1, 5-23-89; Ord. No. 3256, Sec. 1, 1-25-94) [State Law Ref. Iowa Code Sec.372.4 and 372.141 Sec. 2.12. CITY COUNCIL, MEMBERSHIP, POWERS. The council consists of six (6) members, one from each of the four (4) wards, and two (2) elected from the city at large. The council shall have such powers as are now or may hereafter be conferred by the laws of the State of Iowa. (Ord. No. 2508, Sec. 2, 5-20-75) Sup #19/1990 Code 2-2 Rev. 4-1-95 Sec. 2.13. APPOINTMENT OF OFFICERS. The city clerk, city manager, and city attorney shall be appointed by the city council for such term as the city council may prescribe at the time of appointment, and during the term of said appointment shall be subject to removal only by a vote of the majority of the whole number of the city council. (Ord. No. 2508, Sec. 2, 5-20-75) [State Law Ref. Iowa Code Sec. 392.13] Sec. 2.14. REGULAR MEETINGS. Regular meetings of the city council will be held on the second and fourth Tuesdays of each month at 7:00 p.m. except when the council shall,by motion at a prior meeting, set an alternative date or time, or cancel a meeting, or decide to hold additional meetings during a month. (Ord. No. 2508, Sec. 2, 5-20-75; Ord. No. 3211, Sec. 1, 1-12-93) Sec. 2.15. QUORUM; COMPELLING ATTENDANCE. At all meetings of the council, four (4) members shall be necessary to constitute a quorum, but a smaller number shall have jurisdiction to adjourn to any date prior to that of the next regular meeting. (Ord. No. 2508, Sec. 2, 5-20-75) Sec. 2.16. SPECIAL MEETINGS.— (-VkS'C(J 5klb h The council shall hold special meetings when called by the may or four(4) members of the council. Notice thereof shall be given personally or left at the usual place of residence of each member of the council by the chief of police, or designee, and a record of the services of notices shall be returned to the city clerk and a record of such services made. (Ord. No. 2508, Sec. 2, 5-20-75) Sec. 2.17. APPOINTMENT OF TEMPORARY OFFICERS. The council shall in the absence of the mayor, mayor pro tempore, or clerk appoint a temporary presiding officer or clerk, as the case may be, from their own number, which appointment shall be entered of record. (Ord. No. 2508, Sec. 2, 5-20-75) Sec. 2.18. AUTHORITY TO DETERMINE RULES OF PROCEEDINGS. The council shall determine the rules of its own proceedings consistent with the laws of the State of Iowa. (Ord. No. 2508, Sec. 2, 5-20-75) [State Law Ref. Iowa Code Sec. 372.13(5)] Sec. 2.19. VACANCY IN ELECTED CITY OFFICE. A vacancy in an elective city office during a term of office shall be filled by the council, within thirty days after the vacancy occurs, for the balance of the unexpired term unless a special election is sooner held to fill the office for the remaining balance of the unexpired term. Such an election shall be called if the council is presented with a petition so requesting, signed by eligible electors entitled to vote to fill the office in question. The petition must bear signatures equal in number to two percent of those who voted for candidates for the office at the last preceding election at which the office was on the ballot,but in no case fewer than ten signatures. If the petition so requests and is timely filed,the special election may be held concurrently with any pending election as provided by section 69.12. Otherwise, a special election to fill the office shall be called at the earliest practicable time after the petition is presented to the council. [State Law Ref. Iowa Code Sec. 372.13(2)] Sec. 2.20. ORDINANCES AND AMENDMENTS. (1) The subject matter of an ordinance must be generally described in its title. [State Law Ref. Iowa Code Sec. 380.1] Sup #19/1990 Code 2-3 Rev. 4-1-95 r DIVISION III CITY MANAGER Sec. 2.41. OFFICE CREATED. By virtue of authority conferred by law,the office of city manager is hereby created and continued in the city. (Ord. No. 2508, Sec. 2, 5-20-75) [State Law Ref. Iowa Code Sec. 372.4] Sec. 2.42. APPOINTMENT,TENURE, REMOVAL. The city manager shall be appointed by a majority vote of the city council at a regular meeting, and the manager shall hold office during the pleasure of the city council and be subject to removal only by a majority vote thereof. (Ord. No. 2508, Sec. 2, 5-20-75) Sec. 2.43. MANAGER SUPERSEDES OTHER OFFICERS WHEN POWERS OVERLAP. Whenever, by ordinance of the council the powers and duties heretofore vested in any other appointive municipal offices are to be wholly performed by the city manager, then no such appointment of such appointive offices shall be made, and any appointment of such offices made prior to the adoption of such ordinance shall be thereby cancelled. (Ord. No. 2508, Sec. 2, 5-20-75) Sec. 2.44. ADMINISTRATIVE ASSISTANTS. The city manager is empowered to appoint, with the approval of the council, such administrative assistants as deemed advisable. Such administrative assistants, in the city manager's absence, may do and perform all the acts and duties that may be authorized and required to be performed by the city manager, subject at all times to the orders of the city manager. (Ord. No. 2508, Sec. 2, 5-20-75) Sec. 2.45. DUTIES AND POWERS OF THE CITY MANAGER. The city manager shall be the chief administrative officer of the city and head of the administrative service. As such, shall: (1) Supervise enforcement and execution of the city laws. (2) Attend all meetings of the city council. (3) Recommend to the council any measures necessary or expedient for the good government and welfare of the city. (4) Supervise the official conduct of all officers and employees of the city appointed by the City Manager and take active control of the police department. (5) Supervise the performance of all contracts for work to be done for the city, make all purchases of materials and supplies and see that such materials and supplies are of the quality called for, except with respect to the municipal hospital, and the Ames Public Library. (6) Supervise the construction,improvement,repair,maintenance and management of all city property, capital improvements and undertakings of the city, including the making and preservation of all surveys, maps, plans, drawings, specifications, and estimates for capital improvements, except with respect to the municipal hospital and Ames Public Library. (7) Cooperate with, and give assistance requested by, the Ames Municipal Hospital Board of Trustees, the board of trustees of the Ames Public Library, or any other administrative agency, board, commission or committee of the city. (8) Be responsible for the cleaning, repair, maintenance and lighting of streets, alleys, and public places; and, the collection and disposal of garbage and solid waste. 1 Sup #19/1990 Code 2-8 Rev. 4-1-95 (5) Preferential Motions. When a question is under debate, the only motions in order shall be: First: To adjourn. Second: The previous question. Third: To lay on the table. Fourth: To postpone indefinitely. Fifth: Adjourn to a certain day. Sixth: To refer. Seventh: To amend. Such motions shall have precedence in the order herein arranged, the first three (3) to be decided without debate. (6) When Motion to Adjourn is in Order. A motion to adjourn the city council shall always be in order, except: (a) When a member is in possession of the floor. (b) When the members are voting. (c) When adjournment was the last preceding motion. (d) When it has been decided that the previous question shall be taken. (7) Amendment, Debate of Motions to Adjourn. A motion simply to adjourn cannot be amended; but a motion to adjourn to a given time may be, and is open to debate. (8) Putting the Previous Question. When the previous question is moved and put it shall be in this form, "Shall the main question be now put?" If this is carried, all proposed amendments and all further motions and debates shall be excluded, and the question is put without delay. (9) Amendment, Debate of Motions to Table. A motion to lay a question on the table simply is not debatable but a motion to lay on the table and publish, or any other condition, is subject to amendment and debate. (10) Indefinite Postponement of Motions. When a motion is postponed indefinitely it shall not be taken up again during the same meeting. (11) Precedence of Motions to Refer to Committee. A motion to refer to a standing committee shall take precedence over a similar motion for a special committee. (12) Motions to Amend. (a) A motion to amend an amendment shall be in order; but a motion to amend an amendment to an amendment shall not be entertained. (b) An amendment modifying the intention of a motion shall be in order but an amendment relating to a different subject shall not be in order. (13) Motions to Strike and Insert. On motion to "strike out and insert" the paragraph to be amended shall first be read as it stands, the words proposed to be struck out, and those to be inserted, and finally the paragraph as it would stand if so amended. (14) Timeliness of Motions to Reconsider. A motion may be reconsidered at any time during the same meeting, or at the first meeting held thereafter. A motion for a reconsideration being once made, and decided in the negative, shall not be renewed before the next meeting. (15) Who May Move to Reconsider. A motion to reconsider must be made by members who voted in the majority, or by those who were absent and did not vote upon the question to be reconsidered. (16) Reconsidering Motions More Than Once. No question shall be reconsidered more than once, nor shall a vote to reconsider be reconsidered. (17) Suspension of Rules. The foregoing rules may be suspended for a certain meeting or a certain purpose only by the unanimous vote of the council. (18) Application of Robert's Rules of Order. Upon questions arising not covered by this section, Robert's Rules of Order shall govern. (Ord. No. 2508, Sec. 2, 5-20-75) [State Law Ref. Iowa Code Sec. 372.13(5)] Sup #19/1990 Code 2-5 Rev. 4-1-95 DIVISION 11 CITY CLERK Sec. 2.26. COUNCIL TO APPOINT CITY CLERK. ,\ The council shall appoint a city clerk to maintain city records and perform other duties prescribed by state or city law. [State Law Ref. Iowa Code Sec. 372.13(3)] Sec. 2.27. DUTY TO PUBLISH STATEMENT OF PROCEEDINGS ANDACCOUNTS. The city clerk shall, immediately following a regular or special meeting of the council, prepare a condensed statement of the proceedings of the council, including the total expenditure from each municipal fund, and cause the same to be published in a newspaper of general circulation in the city, said statement to include a list of all claims allowed and a summary of all receipts. (Ord. No. 2508, Sec. 2, 5-20-75) [State Law Ref. Iowa Code Sec. 372.13(6)] Sec. 2.28. RECORD OF COUNCIL MEETINGS. The city clerk or deputy shall attend all meetings of the city council and shall: (1) Promptly record each measure, with a statement, where applicable, indicating whether the mayor signed, vetoed, or took no action on the measure, and whether the measure was repassed over the mayor's veto. (2) Publish all ordinances and amendments in the manner required by law. (3) Authenticate all measures except motions with a signature and certification as to time and manner of publication, if any. (4) Maintain for public use copies of all effective ordinances and codes. (5) Immediately after the effective date of a measure establishing any zoning district, building lines or fire limits, the city clerk shall certify the measure and a plat showing the district, lines, or limits to the county recorder to be recorded in the miscellaneous book or other book provided for special records. (Ord. No. 2508, Sec. 2, 5-20-75) Sec. 2.29. CUSTODY OF BONDS, CONTRACTS. The city clerk shall have custody of all bonds and contracts belonging to the city except where otherwise provided by state law, the provisions of this Code or other ordinances of the city. (Ord. No. 2508, Sec. 2, 5-20-75) Sec. 2.30. RECORDING, CERTIFICATION OF SPECIAL ASSESSMENTS. The city clerk shall keep a record of all special assessments levied by the city and shall certify such assessments and other assessments made by the council to the county auditor. (Ord. No. 2508, Sec. 2, 5-20-75) Sec. 2.31. RECORD OF LICENSES REQUIRED. The city clerk shall keep an accurate record of all licenses issued by the clerk, which record shall show the name of the individual, partnership or corporation to whom such license was issued and the fee collected therefor in each instance. (Ord. No. 2508, Sec. 2, 5-20-75) Sup #19/1990 Code 2-6 Rev. 4-1-95 See. 2.32. RECORD OF OFFICIAL BONDS REQUIRED. The city clerk shall keep a record to be known as the "Record of Official Bonds" and shall record therein the official bond of all municipal officers, elective or appointive, and shall index such record under the title of each office and shall show the name of each principal, sureties, and the date of the filing of the bond. (Ord. No. 2508, Sec. 2, 5-20-75) [State Law Ref. Iowa Code Sec. 64.24] Sec. 2.33. DUTY TO KEEP CEMETERY RECORDS; TO PROMULGATE RULES. The city clerk shall keep all permanent cemetery records of the Ames Municipal Cemetery, as provided by this Code and other ordinances relating thereto. It shall also be the duty of the City Clerk to promulgate rules, in consultation with the Public Works Department and with the approval of the City Council, for the workings of the cemetery. (Ord. No. 2508, Sec. 2, 5-20-75) Sec. 2.34. DUTY TO ACCOUNT FOR, PAY OVER MONIES. All funds of the city coming into the hands of the city clerk shall be promptly accounted for and turned over to the director of finance for disposition as provided by law. (Ord. No. 2508, Sec. 2, 5-20-75) Sec. 2.35. TO BE CLERK OF CIVIL SERVICE COMMISSION. The city clerk shall be the clerk of the civil service commission, keep such records and perform such other duties as required by the laws of Iowa, the ordinances of the city or as prescribed by such commission. (Ord. No. 2508, Sec. 2, 5-20-75) [State Law Ref. Iowa Code Sec. 400.4]C Sec. 2.36. TO BE CLERK OF BOARD OF HEALTH. The city clerk shall be the clerk of the local board of health, keep its records, and perform such other duties as provided by the laws of Iowa, and the ordinances of the city or as provided by said board. (Ord. No. 2508, Sec. 2, 5-20-75) Sec. 2.37. TO BE SECRETARY OF ZONING BOARD OF ADJUSTMENT. The city clerk shall act as secretary of the zoning board of adjustment and keep the records thereof. (Ord. No. 2508, Sec. 2, 5-20-75) Sec. 2.38. CONTROL OVER CIGARETTE PERMITS. The city clerk shall have charge and control of the issuance of cigarette permits authorized by law to be issued by cities. (Ord. No. 2508, Sec. 2, 5-20-75) Sec. 2.39. AUTHORITY OVER SUBORDINATES. The city clerk has authority to appoint deputies. (Ord. No. 2508, Sec. 2, 5-20-75) Sec. 2.40. DISPOSITION OF OLD RECORDS. The city clerk shall,on order of the council,destroy all records and papers other than proceedings, ordinances, instruments dealing with real estate and bond issues, which are more than ten (10) years old, or offer such of them as may be of historical interest to a historical society or a public library. (Ord. No. 2508, Sec. 2, 5-20-75) [State Law Ref. Iowa Code Sec. 372.13(5)] Sup #19/1990 Code 2-7 Rev. 4-1-95 DIVISION Ili CITY MANAGER Sec. 2.41. OFFICE CREATED. By virtue of authority conferred by law, the office of city manager is hereby created and continued in the city. (Ord. No. 2508, Sec. 2, 5-20-75) [State Law Ref. Iowa Code Sec. 372.4] Sec. 2.42. APPOINTMENT, TENURE, REMOVAL. The city manager shall be appointed by a majority vote of the city council at a regular meeting, and the manager shall hold office during the pleasure of the city council and be subject to removal only by a majority vote thereof. (Ord. No. 2508, Sec. 2, 5-20-75) Sec. 2.43. MANAGER SUPERSEDES OTHER OFFICERS WHEN POWERS OVERLAP. Whenever, by ordinance of the council the powers and duties heretofore vested in any other appointive municipal offices are to be wholly performed by the city manager, then no such appointment of such appointive offices shall be made, and any appointment of such offices made prior to the adoption of such ordinance shall be thereby cancelled. (Ord. No. 2508, Sec. 2, 5-20-75) Sec. 2.44. ADMINISTRATIVE ASSISTANTS. The city manager is empowered to appoint, with the approval of the council, such administrative assistants as deemed advisable. Such administrative assistants, in the city manager's absence,may do and perform all the acts and duties that may be authorized and required to be performed by the city manager, subject at all times to the orders of the city manager. (Ord. No. 2508, Sec. 2, 5-20-75) Sec. 2.45. DUTIES AND POWERS OF THE CITY MANAGER. The city manager shall be the chief administrative officer of the city and head of the administrative service. As such, shall: (1) Supervise enforcement and execution of the city laws. (2) Attend all meetings of the city council. (3) Recommend to the council any measures necessary or expedient for the good government and welfare of the city. (4) Supervise the official conduct of all officers and employees of the city appointed by the City Manager and take active control of the police department. (5) Supervise the performance of all contracts for work to be done for the city, make all purchases of materials and supplies and see that such materials and supplies are of the quality called for, except with respect to the municipal hospital, and the Ames Public Library. (6) Supervise the construction,improvement,repair,maintenance and management of all city property, capital improvements and undertakings of the city, including the making and preservation of all surveys, maps, plans, drawings, specifications, and estimates for capital improvements, except with respect to the municipal hospital and Ames Public Library. (7) Cooperate with, and give assistance requested by, the Ames Municipal Hospital Board of Trustees, the board of trustees of the Ames Public Library, or any other administrative agency, board, commission or committee of the city. (8) Be responsible for the cleaning, repair, maintenance and lighting of streets, alleys, and public places; and, the collection and disposal of garbage and solid waste. Sup #19/1990 Code 2-8 Rev. 4-1-95 (9) Provide for and cause records to be kept of the issuance and revocation of licenses and permits authorized by city law for issuance by the city manager or the city manager's appointees. (10) Keep the council fully advised of the financial and other conditions of the city, and of its future needs. (1 1) Prepare and submit to the council, for approval, the necessary budgets. (12) Conduct the business affairs of the city and cause accurate records to be kept by modern and sufficient accounting methods. (13) Make, to the council, not later than the tenth day of each month, an itemized financial report in writing, showing the receipts and disbursements for the preceding month, and insure that copies of such financial reports are available at the office of the city clerk for public distribution. (14) Appoint a treasurer subject to the approval of the council. (15) Perform such other duties as are within the discretion of the council to direct. (16) Employ, reclassify, promote, demote, or discharge employees and fix their compensation, subject to the provisions of the Iowa Civil Service Law and the Soldiers' Preference Law when applicable, except where employment authority is vested in the Ames Municipal Hospital Board of Trustees,the board of trustees of the Ames Public Library, the city clerk, or the city attorney. (17) Appoint some officer or employee to assume, in an acting capacity,the performance of the duties of any office or position in the administrative service which is vacant or lacks administration due to the absence or disability of the incumbent. (18) Have the power to set aside any action taken by a department head or employee within the administrative service,to supersede such department head or employee in the performance of work and duties of the position; and, to direct any department or division of the administrative service to perform work for any other department or division thereof. (19) Have the power to prescribe and promulgate rules, regulations and procedures as deemed necessary or expedient for the conduct of the officers and work of the administrative service. (20) Have the power to designate from the administrative service such committees and officers thereof as shall be necessary for the proper consideration of administrative problems. Such committees shall meet at the request of the city manager and shall make such recommendations on matters referred to them or they shall find necessary for the best interests of the city. (21) Be civil defense director for the City of Ames, and perform such other duties as the council shall direct. (Ord. No. 2508, Sec. 2, 5-20-75) Sec. 2.46. DEPARTMENTAL ORGANIZATION. The administrative service of the city shall be organized and directed by the city manager. The city manager shall file with the city clerk a written organization plan showing the departments and respective duties thereof. 47771 DIVISION IV CITY:ATTORNEY Sec. 2.47. COUNCIL TO APPOINT CITY ATTORNEY. City Attorney may be appointed by vote of a majority of the whole number of the city council and shall serve at the pleasure of the city council, and be subject to removal by a vote the same as required for appointment. [State Law Ref. Iowa Code Sec. 372.13(4)] Sec. 2.48. POWERS AND DUTIES. The city attorney shall be head of the legal department of the city and supervise such assistants as may be appointed. The city attorney, and assistants when so directed by the city attorney, shall have the following powers and duties: Sup #19/1990 Code 2-9 Rev. 4-1-95 (1) Opinions. The city attorney shall give, when requested by the city council, administrative agency, city manager or department head, legal opinion upon all questions of law arising out of any ordinances, suits, claims, or demands for or against the city, and shall give such opinion in writing unless otherwise so requested, which said opinion shall be filed and preserved among the records of the city clerk. (2) Legal adviser. Act as legal adviser to all city officials, boards and commissions as far as their or its official duties are concerned, when requested to do so by said officials, boards and commissions. (3) Ordinances. Report to the city council any defects that may be discovered in any ordinance, and shall draw such ordinances as may be requested by the city council. (4) Contracts and litigation. When directed to do so by any city official, board or commission, draw all contracts between the city and other parties, prosecute and defend all suits or other matters in which the city shall be a party, take appeals in such cases as the interest of the city requires, and prosecute or defend the city's interest in all the courts of the state and of the United States, all subject, however, to the direction of the city council; provided however, that the city attorney is authorized and directed hereby to prepare, sign and file proper informations when there is evidence that a person may be guilty of a violation of a city ordinance, and to prosecute any and all such informations to judgment and on appeal. (5) Membership on boards. Be a member of the board of trustees of the retirement funds for policemen and firemen and an ex officio member, without vote, on the board of trustees of the retirement system for utility employees and such other boards as are designated by the city council. (6) Sign legal papers. Sign the name of the city to bonds and papers of whatever kind necessary in legal proceedings for the prosecution of any suit in court when directed to do so by the city council. (7) Deliver effects of office to successor. Transmit to a successor a docket of all cases pending wherein the city is a part, as well as all books,papers and documents in the possession of the City Attorney belonging to the city. (Ord. No. 2508, Sec. 2, 5-20-75). Sec. 2.49. REIMBURSEMENT FOR OFFICIAL EXPENSES. The city attorney and assistants shall be reimbursed for all money necessarily expended and actually paid out in attending to official business, which expenses, after a full report as to the amount claimed and for what purpose, shall be passed upon by the city council and paid as other claims. (Ord. No. 2508, Sec. 2, 5-20-75) Sup #19/1990 Code 2-10 Rev. 4-1-95 APPLICATION FOR IOWA RETAIL CIGARETTE PERMIT For period , 20 through June 30,20 PLEASE TYPE OR PRINT LEGIBLY Please mail this completed application to your local jurisdiction. If you have questions, call your City Clerk (within city limits) or your County Auditor(outside city limits). I/We hereby make application for a retail permit to sell cigarettes: BUSINESS INFORMATION Name of Business/DBA Location Address(Must Have) PO Box City Zip County Number Telephone Number ( ) Nature of Business Type of Sales: ❑ Vending Machine ❑ Over-the-counter LEGAL OWNER INFORMATION Type of Ownership: ❑ Individual ❑ Partnership ❑ Corporation ❑ LLC ❑ LLP Legal Owner (Name of Individual,Partnership,Corporation,LLC,or LLP) Mailing Address PO Box City State Zip Telephone Number( ) If application is approved and permit granted,I/we do hereby bind ourselves to a faithful observance of the laws governing the sale of cigarettes. Signature of Owner,Partner(s),or Corporate Official Name(please print): Name(please print): Signature: Signature: Date Date FOR OFFICE USE ONLY FOR CITY CLERK/COUNTY AUDITOR ONLY PLEASE SEND COMPLETED COPY TO THE IOWA Amount Paid DEPARTMENT OF PUBLIC HEALTH Date Issued Name of issuing City/County Permit# 70-014a (6/16/00) Instructions for Iowa Retail Cigarette Permit Application (Please print clearly or type) A new application must be submitted every year.If application is not filled out correctly and completely,it will be returned to you and a permit will not be issued until it is completed. Fill in the month,day and year that this application covers.All permits expire June 30th.Normally this period will be the Fiscal Year July 1 st through June 30th. BUSINESS INFORMATION • Fill in the name the business is known by-DBA(doing business as). • Fill in the REQUIRED street address,city,zip and county where the business is actually located,i.e. 911 address.Add the post office box if required for mail delivery. • Fill in the 10-digit telephone number of the business. • Fill in the nature of business,i.e.grocery,restaurant,convenience store,bar,general merchandise,drug,convenience gas,tobacco store,liquor store,etc. • Check whether the cigarettes will be sold through a vending machine or over the counter. LEGAL OWNER INFORMATION • Check whether the legal ownership of the business is individual,a partnership,a corporation,a Limited Liability Corporation(LLC)or a Limited Liability Partnership(LLP). • Fill in the name of the individual,the partnership,the corporation,the LLC or the LLP that is the legal owner of the business.This is NOT the store manager or corporate president. • Fill in the mailing address,post office box(if required for mail delivery),city,state,zip and telephone number of the above named legal owner. • Print the name of the individual owner,partner(s)or corporate official signing this application. • Sign and date the application.The application must be signed by the owner,one of the partners or one of the corporate officers listed above.A preparer's or store manager's signature is not acceptable unless he/she is one of the owners,partners,or corporate officers. • Return this application to your local jurisdiction City Clerk(within city limits)or County Auditor (outside city limits). 70-014b (6/16/00)