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Home My WebLink About4447-11/13/2000 BLACK HAWK COUNTY IOWA:SS 020040 MISC Filed for record APR 4 , 2001 at ifo�lt} �C,�. 4:00 P.M. and recorded in Book 342 MISC at Page 238 MARGIN PROOF. ' • RECORDER COMPA FEE 1-25.00/ . CITY OF WATERLOO ATTN: NANCY ECKERT This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street , Waterloo, Iowa. ORDINANCE NO. 4447 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA: BY REPEALING SECTION 4-15, BEER PERMITS; CLASSES, SECTION 4-16, LIQUOR LICENSES; CLASSES, SECTION 4- 19, APPLICATION; CONTENTS; BOND, AND SECTION 4-23 , LICENSE AND PERMIT FEES, OF CHAPTER 4 , ALCOHOLIC BEVERAGES; AND SUBSECTION (f) OF SECTION 4-35 . 1, MINORS PROHIBITED FROM CERTAIN PREMISES, OF CHAPTER 4 , ALCOHOLIC BEVERAGES; AND BY REPEALING SECTION 4-30, BEER BRAND SIGNS PROHIBITED, SECTION 4-31 , SUSPENSION AND REVOCATION, SECTION 4-32 , EFFECT OF REVOCATION, SECTION 4-33 , APPEAL AND HEARING, AND SECTION 4-36, PENALTIES, OF CHAPTER 4 , ALCOHOLIC BEVERAGES; AND ENACTING IN LIEU THEREOF NEW SECTION 4-30 , BEER BRAND SIGNS PROHIBITED, SECTION 4-31, SUSPENSION AND REVOCATION, SECTION 4-32 , EFFECT OF REVOCATION, SECTION 4-33 , APPEAL AND HEARING, AND SECTION 4-36, PENALTIES, OF CHAPTER 4 , ALCOHOLIC BEVERAGES . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, THAT: That Section 4-15, Beer Permits; Classes, Section 4-16, Liquor Licenses; Classes, Section 4-19, Application; Contents; Bond, and Section 4-23 , License and Permit Fees, and Subsection (f) of Section 4-35 . 1, Minors Prohibited from Certain Premises, of Chapter 4 , Alcoholic Beverages, of the Code of Ordinances of the City of Waterloo, Iowa, are hereby repealed in their entirety. That Section 4-30 , Beer Brand Signs Prohibited, Section 4- 31, Suspension and Revocation, Section 4-32 , Effect of Revocation, Section 4-33 , Appeal and Hearing, and Section 4-36, Penalties, of Chapter 4 , Alcoholic Beverages, of the Code of Ordinances of the City of Waterloo, Iowa, are hereby repealed in their entirety; that new Section 4-30 , Beer Brand Signs Prohibited, Section 4-31, Suspension and Revocation, Section 4- 32 , Effect of Revocation, Section 4-33 , Appeal and Hearing, and Section 4-36, Penalties, of Chapter 4 , Alcoholic Beverages, of the Code of Ordinances of the City of Waterloo, Iowa, are hereby enacted in lieu thereof as follows : Sec. 4-30 . Beer brand signs prohibited. No signs or other matter advertising any brand of beer shall be erected or placed upon the outside of any premises occupied by a licensee or permittee authorized to sell beer at retail . 0342 PAGE 238 Ordinance No. 4447 Page 2 Sec . 4-31 . Suspension and revocation. (a) The city may suspend a license or permit issued pursuant to this chapter for a period not to exceed one year, revoke the license or permit, or impose a civil penalty not to exceed one thousand dollars per violation. Before suspension, revocation, or imposition of a civil penalty, the license or permit holder shall be given written notice and an opportunity for a hearing pursuant to state law. (b) A license or permit issued under this chapter may be suspended or revoked, or a civil penalty may be imposed on the license or permit holder by the city for any of the following causes : (1) Misrepresentation of any material fact in the application for the license or permit . (2) Violation of any of the provisions of this chapter. (3) Any change in the ownership or interest in the business operated under a class "A" , class "B" , or class "C" liquor control license, or any wine or beer permit, which change was not previously reported to and approved by the local authority and the state . (4) An event which would have resulted in disqualification from receiving the license or permit when originally issued. (5) Any sale, hypothecation, or transfer of the license or permit . (6) The failure or refusal on the part of any licensee or permittee to render any report or remit any taxes to the division under this chapter when due. (c) A criminal conviction is not a prerequisite to suspension, revocation, or imposition of a civil penalty pursuant to this section. The city shall notify the division in writing of the action taken, and shall notify the licensee or permit holder of the right to appeal a suspension, revocation, or imposition of a civil penalty to the division. Civil penalties imposed and collected by the city under this section shall be retained by the city. (d) The city may suspend any retail wine or beer permit or liquor control license for a violation of any ordinance or regulation adopted by the city. (e) When a liquor license or wine or beer permit is suspended after a hearing as a result of violations of this chapter by the licensee, permittee or the licensee ' s or permittee ' s agents or employees, the premises which were licensed by the license or permit shall not be relicensed for a new applicant until the suspension has terminated or time of suspension has elapsed, or ninety days have elapsed since the 0342 PAGE 239 Ordinance No. 4447 Page 3 commencement of the suspension, whichever occurs first . However, this section does not prohibit the premises from being relicensed to a new applicant before the suspension has terminated or before the time of suspension has elapsed or before ninety days have elapsed from the commencement of the suspension, if the premises prior to the time of the suspension had been purchased under contract, and the vendor under that contract had exercised the person' s rights under chapter 656 and sold the property to a different person who is not related to the previous licensee or permittee by marriage or within the third degree of consanguinity or affinity and if the previous licensee or permittee does not have a financial interest in the business of the new applicant . (f) If the cause for suspension is a first offense violation of Iowa Code §123 .49 (2) (h) , or Section 4-29 (e) of this chapter, the city shall impose a civil penalty in the amount of three hundred dollars in lieu of suspension of the license or permit . The city shall retain civil penalties collected under this paragraph if the proceeding to impose the penalty is conducted by the city. Sec. 4-32 . Effect of revocation. Any liquor control licensee, wine permittee, or beer permittee whose license or permit is revoked under this chapter shall not thereafter be permitted to hold a liquor control license, wine permit, or beer permit in the state of Iowa for a period of two years from the date of revocation. A spouse or business associate holding ten percent or more of the capital stock or ownership interest in the business of a person whose license or permit has been revoked shall not be issued a liquor control license, wine permit, or beer permit, and no liquor control license, wine permit, or beer permit shall be issued which covers any business in which such person has a financial interest for a period of two years from the date of revocation. If a license or permit is revoked, the premises which had been covered by the license or permit shall not be relicensed for one year. Sec. 4-33 . Appeal and hearing. When the city imposes an administrative sanction or disapproves a license application, the licensee may appeal the city' s action to the Alcoholic Beverages Division of the State of Iowa. The appeal must be in writing and must be filed with the Division within twenty-one (21) days from the date that the licensee was notified of the City' s action. Sec . 4-36 . Penalties. (a) Any licensee, permittee, or person violating any of the provisions of this chapter shall be subject to a fine of One Hundred Dollars ($100 . 00) for the first offense, Two Hundred Fifty Dollars ($250 . 00) for the second offense, and Five Hundred Dollars ($500 . 00) for each subsequent offense or imprisonment of thirty (30) days . Repeated violations may result in the suspension and/or revocation of the licensee' s or permittee' s license . 0342 PAGE 240 Ordinance No . 4447 Page 4 (b) The conviction of any liquor control licensee or beer permittee of a violation of any of the provisions of this chapter may, subject to subsection (c) of this section, be grounds for the suspension or revocation of the license or permit by the city. However, if any liquor control licensee is convicted of any violation of subsection (2) , paragraphs "a" , "d" , or "e" , of Section 49, or any beer permittee is convicted of a violation of subsection (2) , paragraph "a" of said section of the Iowa Beer and Liquor Control Act, the liquor control license or beer permit may be revoked, and upon revocation shall immediately surrender the liquor control license or beer permit, and the bond of the licensee or permit holder shall be forfeited to the Alcoholic Beverages Division of the Iowa Department of Commerce . (c) If any licensee, beer permittee, or employee of the licensee or permittee is convicted of a violation of section 4- 29, subsection (e) of this article, or a retail beer permittee is convicted of a violation of subsection (f) of the section, the city may, in addition to the other penalties fixed for such violations by this section, assess a penalty as follows : (1) Upon a first conviction, the violator ' s liquor control license or beer permit may be suspended for a period of fourteen (14) days . (2) Upon a second conviction within a period of two (2) years, the violator' s liquor control license or beer permit may be suspended for a period of thirty (30) days . (3) Upon a third conviction within a period of three (3) years, the violator ' s liquor control license or beer permit shall be suspended for a period of sixty (60) days . (4) Upon a fourth conviction within a period of three (3) years, the violator ' s liquor control license or beer permit shall be revoked. INTRODUCED: November 13 , 2000 PASSED 1st CONSIDERATION: November 13 , 2000 PASSED 2nd CONSIDERATION: November 13 , 2000 PASSED 3rd CONSIDERATION: November 13 , 2000 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 13th day of November, 2000, and approved by the Mayor on the 15th day of November, 2000 . c---- 42:- 16-1244-111 John R. R9ff, Mayor ATTEST: Nancy Eck=d , City Clerk 0342 PAGE 241 Ordinance No . 4447 Page 5 CERTIFICATE I , Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4447, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 13th day of November, 2000 . Witness my hand and seal of office this 15th day of November, 2000 . Nancy Eck t, City Clerk SEAL 0342 PAGE 242