HomeMy WebLinkAbout~Master - Amending Chapter 17 of the Municipal Code; Consumption in Public Places ORDINANCE NO. 4068
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE
CITY OF AMES, IOWA, BY REPEALING SECTION 17.17 AND
ENACTING A NEW SECTION 17.17 THEREOF, FOR THE
PURPOSE OF PREMISES COVERED BY A LOCAL WINE-
TASTING EVENT PERMIT; REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO
THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY;
AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa, that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby
amended by repealing Section 17.17 and enacting a new Section 17.17 as follows:
"Sec. 17.17. CONSUMPTION IN PUBLIC PLACES.
It is unlawful for any person to use or consume alcoholic beverages, wine or beer upon the public streets
or highways of the City of Ames, or consume any alcoholic beverage in any public place, except:
(1) Premises covered by a valid liquor control license; or
(2) If the public place is Brookside, Emma McCarthy Lee, Inis Grove, North and South
River Valley or Moore Memorial Parks, wine and beer may be consumed if it is in or dispensed from
bottles or single serving cans, but not cartons or kegs. Keg beer may be authorized only by the Parks and
Recreation Commission based on such criteria as they shall adopt; or
(3) If the consumption is part of wine or beer tasting authorized pursuant to a permit issued
by the Ames City Council for a local Farmer's Market wine-or beer tasting event.
(a) The City Council may grant a permit for wine or beer tasting to be
conducted by Iowa wineries or breweries at a Farmer's Market upon review and approval by the
Police Department of a plan for such event. The plan shall require proof of liability insurance
coverage of any vendor providing samples; proof of licensing to sell at a satellite location from
any alcoholic beverage licensees; a safety plan; a detailed description and layout of the premises
and hours covered by the event; a description of the system that will be used to limit
consumption to those of legal age; that consumption occurs only in a designated tasting area
located within the boundaries of the farmer's market; that samples served shall be 1 ounce or
less; that all alcoholic beverages shall be served only by holders of an alcoholic beverage control
license; that beverages served shall be native wine and /or Iowa-brewed beer; and that in no
circumstances shall any payment be required for admittance to the market, for any cup or serving
container or for the alcoholic beverage.
(b) For purposes of this subsection, a "Farmer's Market" is a gathering of
not less than ten local vendors selling their homemade or homegrown products at a specific
predetermined location on prescheduled dates. The Farmer's Market shall include at least one
vendor from each of the following categories: vegetables; fruits,jams and salsa; crafts; prepared
foods; meat; and wineries and breweries, except that no more than 10% of the vendors may be
serving alcoholic beverages. The market shall be sponsored by an established organization that
shall be responsible for organization of the market, which shall include securing the location
where the market meets and scheduling and holding the market at least once a week for no less
than eight consecutive weeks.
(c) It shall be unlawful to allow wine or beer tasting without a permit, or to
fail to comply with the provisions of the approved plan for the permitted event.
(4) Violation of this section shall be a municipal infraction punishable by a penalty of$100
for a person's first violation thereof and$200 for each repeat violation.Alternatively, violation of this
section can be charged by a peace officer of the City as a simple misdemeanor."
Section Two. Violation of the provisions of this ordinance shall be in accord with Section
17.17(4) above.
Section Three. All ordinances, or parts of ordinances, in conflict herewith 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 passage and
publication as required by law.
Passed this 14`h day of June , 2011 .
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Diane R. Voss, City CleL�rk 4HI-ta—mjpb�e1�, ayor