HomeMy WebLinkAbout3794-06/17/1991ORDINANCE NO. 3794
AN ORDINANCE AMENDING THE 1988 CODE OF ORDINANCES
OF THE CITY OF WATERLOO, IOWA, BY ADDING SECTION
4-35.1, MINORS PROHIBITED FROM CERTAIN PREMISES,
TO CHAPTER 4, ALCOHOLIC BEVERAGES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WATERLOO, IOWA:
That Section 4-35.1, Minors Prohibited from Certain
Premises, is hereby added to Chapter 4, Alcoholic Beverages,
of the 1988 Code of Ordinances of the City of Waterloo,
Iowa, as follows:
Sec. 4-35.1. Minors Prohibited from Certain Premises.
(a) Policy and Purpose. It is the purpose and intent
of this provision to preclude minors under 21 years of age
from entering or remaining in those establishments whose
sale or dispensing of alcoholic beverages is more than fifty
percent (50%) of the business conducted therein. Although
the ultimate responsibility for the minor's unlawful
presence lies with that minor, the licensee or permittee and
his/her employees have a responsibility to make reasonable
scrutiny of those reasonably suspected to be unlawfully
present.
(b) It shall be unlawful for the holder of a license
or permit issued pursuant to the Iowa Alcoholic Beverage
Control Act for premises where more than fifty percent (50%)
of the business conducted therein is the sale or dispensing
of alcoholic beverages, and for any person employed upon
such premises to knowingly permit or fail to take reasonable
measures to prevent the entry unto such premises of any and
all persons who have not yet attained the age for the lawful
purchase and possession of alcoholic beverages.
(c) It shall be unlawful for any person who has not
yet attained the age for lawful purchase and/or possession
of alcoholic beverages to enter upon such premises as are
described in subsection (2) except as provided for herein.
(d) The provisions of subsection (b) above shall not
apply in the following circumstances:
(1) The under age minor is an employee of the
license holder, or performing a contracted service with
respect to said premises.
(2) The under age person is accompanied by a
parent, legal guardian or spouse who is of legal age
for the purchase and/or possession of alcoholic
beverages.
(3) The under age minor is on the premises during
a time that the licensee or permittee has, in
accordance with a written notice and plan given in
advance to the chief of police, suspended the
dispensing of alcoholic beverages on the licensed
premises or on a clearly delineated part of the
licensed premises operated under a differentiating
trade name. It shall be the strict duty of a licensee
or permittee who authorizes such under age minor to be
on the licensed premises pursuant to such plan, and of
all persons employed with respect to said premises, to
prevent the under age minor from consuming and/or
possessing alcoholic beverages on said premises.
BOOK ?fib PACE 7C2
Ordinance No. 3794
Page 2
Police officers shall be admitted upon the premises at
any time to monitor compliance with all applicable
laws. Failure to comply with that duty, whether
knowingly or otherwise, shall be punishable as a
violation of this section.
(e) It shall be the duty of the licensee or permittee
to display in a prominent place a printed sign, no smaller
than 8" x 10" in size, boldly printed and reading as
follows: Warning to minors: You are subject to punishment
under the City of Waterloo's Code of Ordinances if you are
on the premises without your parent or legal guardian or
spouse or if you attempt to possess and/or purchase any
alcoholic beverages.
(f) Any licensee or permittee or person violating any
of the provisions of this ordinance shall be guilty of a
simple misdemeanor and punished by a fine of up to One
Hundred Dollars ($100.00) or thirty (30) days confinement in
the county jail. Repeated violations may result in the
suspension and/or revocation of the licensee's or
permittee's license.
PASSED AND ADOPTED by the City Council this 17th day of
June, 1991, and approved by the Mayor Pro Tem this 19th day
of June, 1991.
Robert J. Brown, Mayor Pro Tem
ATTEST:
Larr P.i:urger,
Clerk/Auditor
CERTIFICATE
I, Larry P. Burger,
Waterloo, Iowa, do hereby
true and complete copy of
adopted by the Council of
17th day of June, 1991.
City Clerk/Auditor of the City of
certify that attached hereto is a
Ordinance No. 3794, as passed and
the City of Waterloo, Iowa, on the
--Witness my hand and seal
,;1991.
of office this 19th day of
rger
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City of Waterloo
Clerk/Auditor
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BOOK 296 PACE 703
STAT -E- OF IOWA,
Black hawk County,
ORDINANCE NO. 3794
AN ORDINANCE AMENDING THE
1988 CODE OF ORDINANCES OF
THE CITY OF WATERLOO, IOWA,
BY ADDING SECTION 4-35.1,
MINORS PROHIBITED FROM
CERTAIN PREMISES, TO CHAP-
TER 4, ALCOHOLIC BEVERAGES.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
WATERLOO, IOWA:
That Section 4-35.1, Minors Prohb-
ited from Certain Premises, is here-
by added to Chapter 4, Alcoholic
Beverages, of the 1988 Code of
sassing alcoholic beverages on
said premises.
Police officers shall be admitted
upon the premises at any time to
monitor compliance with all applica-
ble laws. Failure to comply with
that duty, whether knowingly or oth-
erwise, shall be punishable as a
violation of this section.
(e) It shall be the duty of the
licensee or permittee to display in a
prominent place a printed sign, no
smaller than 8"x10' in size, boldly
printed and reading as follows:
Warning to minors: You are subject
to punishment under the City of
Waterloo's Code of Ordinances if
you are on the premises without
your parent or legal guardian or
spouse or if you attempt to possess
and/or purchase any alcoholic bev-
erages.
(f) Any licensee or permittee or
person violating any of the provi-
sions of this ordinance shall be
guilty of a simple misdemeanor
and punished by a fine of up to One•
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Hundred Dollars ($100.00)or thirty
(30) days confinement in te county
hail. Repeated violations may result
in the suspension and/or revoca-
tion of the licensee's or permittee's
license.
PASSED AND ADOPTED by the
City Council this 17th day of June, commencing on the
1991, and approved by the Mayor
Pro Tern this 19th day of June.
1991. June 21, 1991
Robert J. Brown, Mayor Pro Tern
ATTEST:
Larry P. Burger, City ClerWAuditor
I, Larry P. Burger, City ClerWAuditor
of the City of Waterloo, Iowa, do
hereby certify that attached hereto
is a true and complete copy of Ordi-
nance No. 3794, as passed and
adopted by the Council of the City
of Waterloo, Iowa, on the 17th day
of June, 1991.
Witness my hand and seal of office
this 19th day of June, 1991
Larry P. Burger, City ClerWAuditor
I do solemnly swear that the annexed copy of LEGAL—City of Waterloo
Ordinance No. 3794
notice was published in the 113nlerloo ander. a daily newspaper printed in Waterloo,
Black Hawk County, Iowa once `a kfr
21st
day of June
19 91in the issues of
of said newspaper, and that the annexed rate of
advertising is the regular legal rate of said newspaper, and that the following is a correct bill for
publishing said notice. o '-) r- c (-
Printer's Bill $
Signed
Subs ribed and sworn to before me this L ^' day of
-i/f%1t." = A
D 19
644/ 41'7 rt -
Received of
the sum of Dollars
in full for publication of the above notice.
Notary Public