The URL can be used to link to this page

Home My WebLink About~Master - RAGBRAI 2023 - Temporary Ordinance ORDINANCE NO. 4491 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY ENACTING A NEW CHAPTER 34 FOR THE PURPOSE OF ASSISTING CITY OFFICIALS AND THE RAGBRAI COMMITTEE IN MANAGING THE PROVISION OF SERVICES TO THE PUBLIC DURING THE OVERNIGHT STOP OF THE DES MOINES REGISTER'S ANNUAL GREAT BICYCLE RIDE ACROSS IOWA (RAGBRAI) ON DULY 25, AND 26, 2023, 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. l f 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 f hereby amended by repealing Chapter 34 and enacting a new Chapter 34 as follows: E t E "See.34.1.DEFINITIONS. As used herein,the following definitions shall apply: (1) "Food" means food products of all kinds including food packaged for consumption off premises as well as meals prepared for consumption either on or off premises. Food shall also include beverages of every kind, including both alcoholic and nonalcoholic, except for water ! provided without cost to the consumer. (2) "Person" means any individual person, club, group, organization, partnership, corporation, or entity of any kind. (3) "RAGBRAI Committee" means the Advisory Board and the Executive Committee as designated by the City of Ames and Discover Ames. (4) "Vending Booth" means any stand, cart, vehicle, trailer, or other structure at which a person exchanges goods or services for money.An individual person who moves from place to place while exchanging goods or services for money shall also be construed as a vending booth. See.34.2. RAGBRAI COMMITTEE POWERS. ' The RAGBRAI Committee is hereby empowered to: (1) Issue permits to any person engaged in the sale of food or goods to the public, whether for- profit or non-profit in nature, at any time on July 25,2023,or July 26, 2023;and, (2) Regulate the location,days and times of operation, and goods to be offered for sale at vending booths, and limit the number of permits issued;and, (3) Establish appropriate fees, deposit requirements, insurance requirements, enhanced services such as electricity or water access, deadlines, and procedures for the issuance of permits, provided the fee for a person who operates a vending booth on behalf of a non-profit organization for non-profit purposes shall be less than the fee for a person who operates a vending booth on behalf of or as a for-profit entity; and, (4) Revoke, deny, or suspend permits for vending,for any of the following reasons: (a) .Failure to pay required fees;or, (b) Failure to comply with the procedures established by the RAGBRAI Committee for the issuance and maintenance of permits;or, (c) Failure to comply with applicable federal, state or local public health regulations; or, (d) If:, in the judgment of a person designated by the RAGBRAI Committee, the operation or continuing operation of a vending booth would constitute a public nuisance or threaten the safety of the public. See.34.3.RAGBRAI COMMITTEE POWERS RE,STRICTED. The RAGBRAI Committee shall: (1) Use any funds collected through permits or fees established through this Chapter to provide services to the participants in the RAGBRAI event, including but not limited to: drinking water, toilet facilities, solid waste disposal, security, utilities, entertainment, marketing, and promotion. Any finds collected that are not used for these purposes shall be paid to the City of Ames at the conclusion of RAGBRAI. (2) Ensure that the issuance, revocation, denial, or suspension of permits shall be conducted in a fair and consistent manner, and in no instance shall be done on the basis of the color, creed, gender identity, national origin, race, religion, sex, or sexual orientation of the applicant or proprietor. (3) C011SLIIt with and obtain approval from the City Manager or designee prior to establishing fees, regulations, and procedures, and prior to the revocation, denial, or suspension of any permit. Sec.34.4. VENDORS—PERMIT REQUIRED. No person shall sell food or goods to the public in the City of Ames, Iowa on July 25, 2023, or July 26, 2023, at a location other than their regularly established place of business unless said person shall first obtain a permit from the RAGBRAI Committee, except those individuals who have obtained a Vending License pursuant to Division III of Chapter 22 of the Municipal Code (Vending) on or before March 20, 2023, and who continually maintain said license through July 26, 2023. See. 34.5. OUTDOOR ALCOHOLIC BEVERAGE SERVICE AREAS. The presence of approximately 25,000 additional people in Ames on July 25,2023,many of whom may be consuming alcoholic beverages, has the potential to overwhelm local law enforcement personnel. Therefore, to ensure public safety,the City Council has determined that no more than one application for a temporary outdoor alcoholic beverage service area within the City of Ames may be accepted and approved by the City for July 25 or July 26, 2023. The RAGBRAI Committee, or its designee, shall have the first right to apply to the City for such a license. However, if the RAGBRAI Committee fails to secure approval by June 30,2023,the City Council may consider applications from other applicants for an outdoor alcoholic beverage service area for July 25 or July 26, 2023. Any establishment that has, prior to the adoption of this Ordinance, 1 obtained a license for an outdoor alcoholic beverage service area, where that license is valid for July 25 or July 26,2023,shall be permitted to operate that outdoor alcoholic beverage service area pursuant to the terms of its license. See.34.6.VIOLATIONS-PENALTIES. A violation of any provision of this Chapter shall be a municipal infraction, punishable by a civil penalty of$250.00 for each violation. Sec. 34.7. CERTAIN ORDINANCES AND POLICIES SUSPENDED. (1) The provisions of this Ordinance shall supersede the policies of. the Parks and Recreation Commission regarding vending in City parks. (2) The provisions of. Division III of Chapter 22 of the Municipal Code (Vending) shall be suspended and not enforced on July 25, 2023, or July 26, 2023, except for those individuals who have obtained a Vending License pursuant to that Division on or before March 1, 2023, and who continually maintain said license through July 26,2023. (3) For the purpose of facilitating entertainment activities in the public right-of-way, any Sidewalk Caf6 Permit authorized pursuant to Division VII of Chapter 22 of the Municipal Code (Sidewalk Caf6 Permits), which has been deemed to be in conflict with the entertainment planned by the RAGBRAI Committee, shall be suspended on July 25, 2023. (4) For the purposes of providing camping areas and related facilities for RAGBRAI bicyclists staying overnight, Section 19.11 of Municipal Code(Park Hours) shall be suspended and not enforced on.luly 24,July 25,or July 26,2023,for Brookside Park,Stuart Smith Park,Gateway Park, and River Valley Park. (5) For the purpose of facilitating the conveyance of supplies and equipment necessary for j camping, vending, and other service functions within the parks, Section 19.9 of Municipal Code(Unlawful to Operate a Motor Vehicle in City Parks;Exceptions) shall be suspended and not enforced on July 25,2023,or July 26,2023,with respect only to persons designated by the Parks and Recreation Director. See.34.8.EFFE CTIVE DATES. This Ordinance shall be in effect upon adoption by the Ames City Council and remain in effect until 12:01 a.m. on July 27, 2023. Section Two. All previous ordinances or parts of such ordinances in conflict with provisions of this Ordinance are hereby suspended. Section Three. If any section, provision,or part of this Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole, or any section thereof., or part thereof, not adjudged invalid or unconstitutional. Section Four. This Ordinance shall be in frill force and effect from and after its passage, approval and publication as provided by law, and remain in effect until 12:01 a.m. on July 27, 2023. Passed this 14 day of Marcli, 2023 e,4a- /�/z 4mk—a��& Renee Xall, City Clerk John A. Haila, Mayor I i I I i i I i