HomeMy WebLinkAbout~Master - Regulating Beer, Repealing Ordinance 457, 538, 716 r • � I
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ORDINANCE NO. 813
AN ORDINANCE REGULATING THE LICENSE AND SALE OF BEER, FIXING
THE ANNUAL PERMIT FEES, PROVIDING FOR THE REVOKING OF CLASS "B"'
AND "C" PERMITS AND HEARINGS IN CONNECTION THEREWITH UNDER j
CERTAIN CIRCUMSTANCES, PROVIDING FOR FORFEITURE OF BOND
GIVEN BY LICENSEES AND SURETIES, PROHIBITING THE HOLDERS OF BEER
AND MALT LIQUOR PERMITS FROM SELLING, GIVING OR SERVING BEER OR;
I MALT LIQUOR TO PERSONS KNOWN TO HAVE TAKEN TREATMENT FOR THE,.
LIQUOR HABIT, KNOWN TO BE IN THE HABIT OF BECOMING INTOXICATED,
OR TO PERSONS ALREADY UNDER TlE INFLUENCE OF INTOXICATING
LIQUOR, PROVIDING PENALTIES THEREFOR, AND REPEALING
ORDINANCES NOS.""457, 538, 716 AND ALL OTHER ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES, IOWA:
Section 1. Definitions Adopted. For the purpose of this ordinance the
definitions as set out in section 124.2 code of Iowa, 1954, are hereby adopted.
Section 1. 1. Individual. For the purpose of this ordinance an individual
shall include a corporation organized and existing or permitted and authorized to
do business under the laws of Iowa, but not including clubs.
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Section 1. 2. Citizen. For the purpose of this ordinance the term citize�
shall be construed to include a corporationorganized and existing or permitted
and authorized to do business under the laws of Iowa.
Section 2. Permit Required. It shall be unlawful to manufacture for sale,
or sell beer unless a permit is first obtained from the city council of the City of
Ames, as provided by this ordinance and the laws of the state of Iowa.
Section 3. Application for Permit. Application for a permit to sell beer
shall be made to the city council on forms supplied by the city.
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f Section 4. Bond. No permit shall be granted by the council until the
applicant furnishes a bond in the form prescribed and to be furnished by the state '
tax commission, with good and sufficient sureties to be approved by the council,
conditioned upon the faithful observance of the state laws and this ordinance, in the
sum of five hundred dollars ($500. DO), for an individual or class "C" permittee,
or one thousand dollars ($1, DOD. 00) for a club, or in such other sum as shall be
fixed by state law, said bond being further conditioned to the effect that the
{ permittee and his surety, as a part of the permit granted hereunder, shall
consent to forfeiture of the principal sum of said bond in event of cancellation of
filed and hearing had thereon as provided in this
permit as a result of charges
ordinance.
Section 5. Class "B" Permit (individual). A class "B" permit shall be
issued to any individual who:
1. Submits a written application for a permit which application shall
state under oath:
(a) The name and place of residence of the applicant, and the length of
of time he has lived at such place of residence.
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(b) That he is a citizen of the state of Iowa.
(p) The place of birth of the applicant, and if the applicant is a
naturalized citizen, the time and place of such naturalization.
(d) The location of the place or building where the applicant intends
to operate.
(e) The name of the owner of the building and if such owner is not the
applicant, that such applicant is the actual lessee of the premises.
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(f) That the place of business for which the permit is sought is and !
will continue to be equipped with sufficient tables and seats to
accommodate twenty-five (25) persons at one time, and is wholly
within the corporate limits of the City of Ames and within the limits
of the area described under section 7 of this ordinance.
2. Establishes:
(a) That he is a person of good moral character and a citizen of the
State of Iowa.
(b) That the place or building where he intends to operate conforms to
all laws, health and fire regulations applicable thereto, and is a
safe and proper place or building.
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3. Furnishes a bond as prescribed in seEtion 4 hereof.
Section 6. Class "B" Permit. (Club). A class "B" permit shall be
issued to any club who:
1. Submits a written application therefor, executed by its president
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and attested by its secretary or other similar officers performing
the duties usually performed by a president or secretary which
application shall state under oath:
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(a) The name of the club and the location of the premises occupied by it.!
(b) The names of the officers of said club.
(c) That the buildings occupied by said club are wholly within the cor-
porate limits of the City of Ames and within the limits of the area
described under section 7 of this ordinance.
(d) The purposes for which such club was formed and is maintained,
and the number of bona fide members thereof regularly paying dues.'
(e) That the application for such permit was approved by a majority of
the bona fide members of such club present at a regular neeting or
at a special meeting called to consider the same.
Z. Establishes:
(a) That the buildings occupied by such club are wholly within the terri
torial limits of the City of Ame s.
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(b) That it is not a proprietary club or operated for pecuniary profit.
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(c) That it is incorporated under the laws of the State of Iowa, and its
charter is in full force and effect, or it is a regular chartered
branch of a nationally incorporated organization.
(d) That it has a permanent local membership of not less than fifty adult
members.
(e) That the application for such permit was approved by a majority of
i the bona fide members of such club who were present at a regular
meeting, or a special meeting called to consider the same.
i (f) That it was in operation as a club on the first day of January, A.D.,i
1943, or being thereafter formed, was�n continuous operation as a
club for at least two years immediately prior to the date of its
i application for a class "B" permit.
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h3. Furnishes a bond in the amount. of one thousand dollars ($1, 000. 00) '
I� as prescribed by section 4 hereof.
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Section 7. Location of Premises of Class "B" Permittees. The places
of business of all class "B" Permittees shall be located only within the boundaries
of the following described area or district, to-wit:
Beginning at a point 200 feet east of the center line of Duff Avenue
and Sixth Street, thence west on the center line of Sixth Street to
the center line of Douglas Avenue, thence soith along center line of
Douglas Avenue to the center line of the alley between Main Street
and Fifth Street, thence west along the center line of said alley and
of said alley extended to the center line of Clark Street, thence south
along center line of Clark Street and Clark Street extended to a point
200 feet south of the center line of Lincoln Way, thence east along a
line 200 feet south ofthe center line of said Lincoln Way and
parallel thereto to a point 200 feet west of the center line of Duff
Avenue, thence south along a line 200 feet west of the center line
of South Duff Avenue and parallel thereto to a point 4. 56 chains
south of the south line of South Third Street, thence east to a point
200 feet east of the center line of Duff Avenue, thence north along
a line 200 feet distant from the center line of Duff Avenue and
pwallel thereto to the point of beginning and excepting therefrom any
property within 175 feet of any school or church property located
within or adjacent to said tract.
Section 8. Fees Class "B" Permits. The annual permit fee for a class
"B" permit, excepting those issued to hotels and clubs, shall be two hundred I
i dollars ($200. 00) per year, payable in advance. The annual permit fee for
class "B" permits issued to hotels and clubs shall be as follows:
(a) Hotels, having two hundred fifty guest rooms or more, shall i
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pay an annual permit fee of two hundred fifty dollars ($250. 00). j
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(b) Hotels, having more than one hundred and less than two hundred
fifty guest rooms shall pay an annual permit fee of one hundred
fifty dollars ($150. 00).
(c) Hotels, having one hundred guest rooms or less shall pay an annual j
permit fee of one hundred dollars ($100. 00).
(d) Clubs shall pay an annual permit fee of one hundred dollars ($100. 00)
Section 9. Hotel Privilege. Hotels holding class "B" permits may serve
beer to their guests either in the dining room or dining rooms or to any guest
duly registered at such hotel in the rooms of such guests.
Section 10. Hours: Class "B". It shall be unlawful to sell, deliver or
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consume beer in the places of class "B" permittees from 12:00 o'clock midnight
to 6:00 o'clock a.m. the following morning, on week days, and between the hours
of 12:00 o'clock midnight on Saturday and 7:00 o'clock a.m. the following Monday
morning.
Section 11. Liquor Prohibited. No liquor for beverage purposes having
an alcoholic content greater than four per cent (476) by weight, shall be used or
(kept for any purpose in the plac.p of business of a class "B" permittee or on the
premises of such permittee at any time, but this provision shall not apply in any
manner or in any way to drug stores, regularly and continuously employing a
registered pharmacist from having alcohol in stock for medicinal and compounding
purposes.
Section 12. Dancing. Dancing is prohibited in any place where beer is
sold.
Section 13. Facilities Required. It shall be unlawful to sell beer for
consumption on the premises, unless the place where such service is made is
equipped with tables and seats to accommodate twenty-five (25) persons at one
time, and unless there is provided convenient toilet rooms separate from other
rooms, one for the female sex and one for the male sex.
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Section 14. Food Required. It shall be unlawful to sell any beer for
consumption on the premises unless food is served and consumed therewith.
Section 15. Gift of Beer or Lunch Prohibited. It shall be unlawful for
any permittee, his agent or servant, to give away beer, or to promote the sale of
beer by the gift of any lunch, meal or articles of food, except pretzels, cheese or
crackers.
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Section 16. Booths and Lights.
(A,) No booths shall be permitted or used in connection with the operation
of a beer business under any class "B" license issued in the State of
Iowa, unless the same are entirely open at one side with an unob-
structed view therein from the rest of the room. The total height
of any booth structure shall not exceed forty (40) inches.
(b) The place of said business shall be lighted so that all objects are
plainly visible at all times, and all parts of such place of business
shall be illuminated to a minimum of two (2) foot candles as measured
by a foot candle meter at a plane of thirty (30) inches above the floor;
line.
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Section 17. Class "C" Permits. No class "C" permit shall be issued to
any person except the owner or proprietor of a grocery store or pharmacy. For
the purpose of this ordinance "grocery store" means and includes any retail
establishment, the principal business of which consists .cif the sale of food or
food products for consumption off the premises and "pharmacy" shall mean a
drug store in which drugs and medicines are exposed for sale and sold at retail,
or in which prescriptions of licensed physicians and surgeons, dentists or
veterinarians are compounded and sold by a registered pharmacist.
Section 18. Application - Class "C" Permit. No class "C" permit shall
be issued to any person who is the owner or proprietor of a grocery store or
pharmacy, as herein defined, unless said owner or proprietor:
1. Submits a written application for a permit which application j
shall state under oath:
(a) The name and place of residence of the applicant and the length
of time he has lived at such place of residence.
(b) That he is a citizen of the State of Iowa.
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(c) The place of birth of the applicant and if the applicant is a
naturalized citizen, the time and place of such naturalization. '
(d) The location of the place of building where the applicant intends to
operate.
(e) The name of the owner of the building and if such owner is not the
applicant that such applicant is the actual lessee of the premises,
2. Establishes:
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(a) That he is a person of good moral character.
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3. Furnishes a bond as prescribed in section 4 hereof.
Section 19. Fees Class "C" Permit. The annual permit fee for a class
"C" permit shall be twenty-five dollars ($25. 00) per year, payable in advance.
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Section 20. Original Container s. It shall be unlawful for any per son
holding a class "C" permit to sell beer for consumption off the premises except
in the original containers.
Section 21. Beer Labeled. It shall be unlawful to sell beer unless the
bottle, keg, or other original container in which the beer is sold shall bear a
label on the outside stating as follows: "This beer does not contain more than fou�
iper centum (416) of alcohol by weight."
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Section 22. Posters Prohibited. It shall be unlawful for any holder of
any permit to exhibit or display or permit to be exhibited or displayed on the
premises any signs or posters containing the words "bar", "barroom", "saloon"
or words of like import.
Section 23. Hours. Class "C". It shall be unlawful for any class "C" j
permittee to sell or deliver any beer between thebours of 12:00 o'clock midnight
and 6:00 o'clock a.m. the following morning on week days, or between the hours
of 12:00 o'clock midnight on Saturday and 7:00 a.m. the following Monday mornin i.
Section 24. Fitness of Applicant. Before any permit is granted, the
council shall make, or cause to be made a thorough investigation to determine
the fitness of the applicant and the truth of the statements made in and accompany
ing the application.
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Section 25. Citizenship. Permits shall be issued only to persons who
are citizens of the State of Iowa and who are of good moral character and repute.
Section 26. Issuance of Permit. When a class "B" or class "C" permit
has been granted by the city council the city clerk, upon payment of the required
fee, shall issue a permit to the applicant therefor and retain a record thereof in
his office.
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Section 27. Notification to State Board. Upon the issuance or revoking
of a permit by the council, the clerk shall forthwith certify to the state permit
board the action so taken.
Section 28. Expiration. lUl permits shall expire at the end of one (1)
year from date of issuance, and may be renewed for a like period upon applica-
iton being made therefor to the city council. i
Section 29. False Statements. It shall be unlawful to make a false state-
ment concerning any material fact in submitting any application for a permit, or
for a renewal of a permit or in any hearing concerning the revocation thereof.
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Section 30. Separate Permits. Every person holding a permit having
more than one (1) place of business wherein beer is sold, shall obtain and have
a separate license for each separate place of business.
Section 31. Persons Interested. It shall be unlawful for any person
engaged in the manufacture, bottling or wholesaling of beer, or any jobber, or j
any agent of such person, to directly or indirectly supply, furnish, give, or pay =
for any furnishing; fixtures or equipment used in the storage, handling, serving
or dispensing of beer or food within the place of business of another permit
holder, nor shall such person directly or indirectly pay for any such permit
or be interested in the ownership, conduct or operation of the business of another
permit holder authorized to sell beer at retail.
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Section 32. Transfer of Permits. No permits for selling beer shall be
transferred from one permittee to another, and no refund shall be made to any
permittee in case of revocation of permit.
Section 33. Transfer of Location. The council may authorize the trans
fer of the business of a permittee from one location to another, upon proper
showing that the new location meets all the requirements of this ordinance, and
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he laws of the State of Iowa, and on condition that the permittee files with such
pplication, for change in location, the written consent of the surety on his bond,
nd upon the payment in advance of a fee of ten dollars ($10. 00) to cover the cost
f the inspection of the new location.
Section 34. Minors. It shall be unlawful for any minor to serve beer f
n the place of business of any permit holder in which the business of selling beer
onstitutes morethan fifty per cent (50%) of the gross business transacted therein.
Section 35. Sale or Gift to Minors. It shall be unlawful for any person
o sell, give or make available to any minor or to permit any minor to purchase
r consume any beer on the premises of a class "B" or class "C" permit holder,
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for any minor to buy or attempt to buy or to secure or attempt to secure beeromany per son, and it shall further be unlawful for any per s on to offer beer,
th or without consideration, to any minor, except within a private home and wit
Ithe knowledge and consent of the parent or guardian of said minor. A violation of
the provisions of this section by any holder of a class "B" or class "C" permit or
ny of his agents or employees in connection with the operation of a beer business
under said class "B" or class "C" permit shall be a mandatory ground for revocat on
►of said permit, in addition to other mandatory grounds provided in this ordinance.
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Section 36. Beer to Intoxicated Persons. It shall be unlawful for any
holder of a beer or malt liquor permit to sell, give or serve to a person beer
or malt liquor, who is known to have taken treatment for the liquor habit, known
to be in the habit of becoming intoxicated, or to a person already under the influenlae
of intoxicating liquor.
Section 37. List to Permit Holders. The chief of police shall deliver to
the holders of such permits a written list of those persons, who from the records
of the commissioners of insanity of Story County have taken treatment for the laic#
liquor habit, or, who, from the records of the municipal court, are in the habit
of becoming intoxicated. And, from and after such delivery the said holders
shall be conclusively presumed to have the information therein contained.
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Section 38. Consumption Upon Street Prohibited. It shall be unlawful for
any person to use or consume beer upon the public streets or highways or in
automobiles or other vehiGl.es on said streets or highways.
Section 39. Revocation: Optional. The council may revoke the permit
of any permit holder for any cause which, in the judgment of the council, may
be inimical to or prevent the carrying out the intent and purposes of the chapter
124, code of Iowa, 1954, and such permittee shall not be granted a new permit
for a period of one (1) year from the date of revocation. f
Section 40. Revocation: Compulsory. The council shall revoke the I
permit of any permit holder who is convicted of a felony, or is convicted of the
sale of beer contrary to the provisions of the state law, or is convicted of
bootlegging, or who is guilty of the sale or dispensing of wines or spirits in
violation of law, or who shall allow the mixing or adding of alcohol to beer or
any other beverage on the premises of a class "B" permittee, or who shall be guilty
of the violation of any of the provisions of chapter 124 code of Iowa, or of this ordir
nance, and such permittee shall not again be allowed to secure a permit nor shal�
he be in the employ of any person engaged in the manufacture, distribution or I
sale of beer.
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Section 41. Procedure and Bond Forfeiture. In addition to all other j
provisions of this ordinance for the revocation of class "B" licenses, it is
further provided that ten (10) or more citizens may join in filing, and it shall be
the duty of every peace officer to so file with the council a complaint in writing,
when such complainant or complainants shall have knowledge of any violations
of this ordinance by any license holder, setting forth the alleged acts of
violation with reasonable accuracy. The said council shall, upon receipt of any
such complaint, forthwith fix a date for hearing thereonand shall immediately
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thereafter cause a written notice of the date, time and place of said hearing,
together with a copy of the complaint filed, to be served by any peace officer upon'
the permit holder complained against, and upon the surety, or the agent or repre-
sentative of such surety, on his bond. Said date of hearing shall not be sooner
than five (5) days and not later than fifteen (15) days after the filing of said
complaint. Said hearing may be adjourned or continued at the discretion of the
council for good cause shown and the specific reasons therefor entered of record
in the records of the council, but except for extraordinary or unusual circum-
stances., specifically stated in writing and placed in the minutes of such council,
no more than two (2) continuances of not to exceed five (5) days each shall be I
granted. At said hearing the person or persons filing the complaint may be rep-I
resented by counsel and the permit holder maybe represented by counsel. The
council, as the case may be, shall make full inquiry into the charges made in
the complaint, being authorized to administer oaths and take testimony thereon,
and if it appears that the permit holder has violated any provision of this ordinance
for which mandatory revocation is provided, the council shall immediately revoke
said license, and the bond of the permit holder provided for in section 4 of this
ordinance, shall be forfeited and its principal or penal sum shall become immed-
iately due and payable to this city. A certification of such order of forfeiture
shall forthwith be filed with the clerk of the district court of the county and when
so filed the clerk of the court shall forthwith enter a judgment in favor of the
city and against the permittee and the surety on his bond in the full amount of i
the principal sum of said bond. Either the complainant or the permittee may
appeal to the district court of the county, or a judge thereof in vacation, from I
the decision of the council by serving written notice of such appeal on the opposit
party in the same manner as service of original notices of suits and filing said
nt►tice and return of service thereof with the council within ten (10) days after
the entry of such decision. In the event the decision of the council provides for
a revocation of the permit, same shall stand revoked immediately and shall not
be reinstated unless the district court or judge shall reverse the decision of the
council. When notice of appeal has been served and filed, the council shall
immediately certify all the original papers to the clerk of the district court
together with a certified copy of the order appealed from.
Section 42. Refunds. Any class "B" permittee or his executor, adminj
istrator or any person duly appointed by the court to take charge of and administer
the property or assets of such permittee for the benefit of his creditors, may
voluntarily surrender any permit, issued under this ordinance to the city clerk
and when qo surrendered the city clerk shall refund to the person so surrendering
the permit a proportionate amount of the permit fee paid for such permit as
follows: if surrendered during the first three (3) months of the period for which
said permit was issued the refund shall be three-fourths (3/4) of the amount of the
{ permit fee; if surrendered more than three (3) months but not more than six (6) I
months after issuance the refund shall be one-half (1/2) of the amount of the
permit fee; if surrendered more than six (6) months but not more thamine(9)
months after issuance the refund shall be one-fourth (1/4) of the amount of the j
permit fee. No refund shall be made, however, for any permit surrendered i
more than nine (9) months after issuance. No refund shall be made to any permi
holder, upon the surrender of his permit, if there is at the time of said surrender
a complaint filed with the council charging him with a violation of the provisions
of this ordinance. If upon hearing on any such complaint, so filed, his permit
be not revoked, then said permit holder shall be eligible, upon surrender of his
license, to receive a refund as herein provided. But in event his license is
revoked upon such hearing then he shall not be eligible for the refund of any
portion of his permit fee.
Section 43. Employment in Places Having Class "B" Beer Permits.
No person who has been convicted of intoxication or who has held a class "B"
permit which has been revoked shall be employed in a place holding a class "B"
permit in the City of Ames.
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Section 44. Number of Permits. The nurrber of class "B" permits
is limited to sixteen (16) permits in the City of Ames, Iowa.
Section 45. Penalties. Anyone violating any of the provisions of this
fordinance, shall, upon conviction, be subje'bt to imprisonment not exceeding
thirty (30) days, or to a fine not exceeding one hundred dollars ($100. 00).
Section 46. Repeal. Ordinances 467, 538, 716 and all other ordinances
or parts of ordinances in conflict herewith are hereby repealed.
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Section 47. This ordinance shall be in full force and effect from and
after its passage and publication as provided by law.
Passed this 1st day of September, 1955.
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J. W rather, City Clerk J. P. Lawlor, Mayor
Moved by De Hart and seconded by Judge that Ordinance No. 813 be passed
on its first reading.
Voting Aye: Griffith, Judge, De Hart, Bolton and Bliss
Voting Nay: None
Absent: Smith
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Moved by Griffith and seconded by Bliss that the rules governing the passage of
ordinances be suspended, the second and third readings omitted and Ordinance
No. 813 be placed on its. final passage.
Voting Aye: Griffith, Judge, De Hart, Bolton and Bliss
Voting Nay: None
Absent: Smith
Moved by Judge and seconded by Bolton that Ordinance No. 813 do now pass.
Voting ;Aye: Griffith, Judge, De Hart, Bolton and Bliss
Voting Nay: None
Ab sent: Smith
Mayor Lawlor declared Ordinance No. 813 duly adopted.
I, J. W. Prather, City Clerk of the City of Ames, Iowa, do hereby certify that
the above and foregoing Ordinance No. 813 was duly and properly passed at a
meeting of the CityCouncil on the 1st day of September, 1955 and published
by codifying on the day of ';-4, 19
J. W. Prather, City Clerk
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