HomeMy WebLinkAbout~Master - Revisions to public consumption ordinance to allow public alcoholic beverage tasting/sampling ORDINANCE NO. 4093
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA, BY REPEALING SUBSECTIONS 17.17(1) & (4) AND
ENACTING NEW SUBSECTIONS 17.17(1),(4)AND(5)THEREOF,FOR
THE PURPOSE OF ALLOWING PUBLIC ALCOHOLIC BEVERAGE
TASTINGS;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 Sub-Sections 17.17(1)and(4)and enacting new Sub-Sections 17.17(1),(4)and(5)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, beer permit or wine permit that authorizes
consumption on the premises;or
(4) If the consumption occurs as part of a wine,beer or alcoholic beverage tasting that is offered free of
charge to the public which meets all of the following conditions:
(a) The tasting shall occur only in a commercial zoning district;
(b) The tasting shall be conducted by a retailer whose premises are covered by a valid alcoholic
control license or permit authorizing either on or off premise consumption;
(c) The tasting shall be held on or in the licensed premises;
(d) The tasting shall comply with all requirements of Iowa Code Chapter 123—The Alcoholic
Beverage Control Act and with the Administrative regulations adopted pursuant to that Act;
(e) Beverage samples shall be one (1) ounce or less per sample and shall be limited to the
beverages the retailer is licensed or permitted to sell;and
(f) Prior to conducting a tasting,the retailer shall submit a written tasting event plan to the Ames
Police Department and shall obtain written approval of the plan from the Police Chief or the Police Chief's
designee.The plan shall include information disclosing the retailer's steps to monitor and control tasting events
including details of the retailer's plan to ensure that no underage persons possess or consume any alcoholic
beverage,training of staff,duration of the event,and means for preventing or addressing overconsumption or
intoxication of patrons. The plan shall include documentation from the retailer's general liability insurance
carrier indicating that the tasting activity is covered by the terms of the policy in effect.
Where a retailer intends to conduct multiple similar tasting events, the retailer's plan may be submitted for
approval on an annual basis.However,if the retailer wishes to hold a special,non-routine tasting event in addition to
the routine events approved in the annual plan,the retailer shall obtain separate approval for the special,non-routine
event.
(5) 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 may 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 22" day of November , 2011 .
Diane R.Voss,City Clerk Ann H.Campbell,Mayo