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HomeMy WebLinkAbout01/20/2015ORDINANCE COMMITTEE January 20, 2015 5:00 p.m. Harold E. Getty Council Chambers Roll Ca11: Members: Chairperson Mayor Pro Tem All Council Members Approval of Agenda, as proposed. NEW BUSINESS 1. Repeal Title 3, Chapter 3, Section 3 (3-3-3): Shooting Galleries, in its entirety --Submitted by Daniel Trelka, Director of Safety Services. 2. Amend City Code 3-1-6 (After Hours Establishments) and renumber the newly amended 3-1-6 as 3-3-3--Submitted by Daniel Trelka, Director of Safety Services. ADJOURNMENT Suzy Schares, CMC City Clerk/Human Resource Director CITY OF WATERLOO Council Communication Ordinance Committee Meeting: January 20, 2015 Prepared: January 13, 2015 Dept. Head Signature: Daniel J TTlka - - # of Attachments: 1 SUBJECT: entirety. Repeal Title 3, Chapter 3, Section 3 (3-3-3): Shooting Galleries, in its Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Approve repeal Summary Statement: 3-3-3 is outdated and antiquated. Other ordinances would provide regulation of any shooting gallery -type activity if necessary. In addition, the action of repealing 3-3- 3 is necessary as part of efforts to update and re -organize city ordinances under Title 3 of the City Code. Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: 3-3-3: SHOOTING GALLERIES: No person shall carry on or engage in the business of operating a shooting gallery in the city without first procuring a license therefor, and paying a license fee of ten dollars ($10.00) per month, or fifty dollars ($50.00) per year. (Rev. Ord. 1540, Comp. 1941, p. L-4) CITY OF WATERLOO Council Communication Ordinance Committee Meeting: January 20, 2015 Prepared: January 13, 2015 Dept. Head Signature: Daniel # of Attachments: 1 SUBJECT: Amend City Code 3-1-6 (After Hours Establishment) and renumber the newly amended 3-1-6 as 3-3-3 Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Approve ordinance amendment Summary Statement: The ordinance as written tended to lack adequate guidance, particularly in regard to the completion of an investigation into the applicant's background and judicial due process, to regulate after hours establishments. Chris Wendland agreed and recommends the changes in the attached. The recommended changes will provide continuity between this ordinance and the City's Liquor Control ordinance under Title 3, Chapter 2. As such, it will enhance the City's ability as it relates to the regulation of after-hours establishments. Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: 34-6 3-3-3: AFTER HOURS ESTABLISHMENTS: A. No person shall carry on or operate an after hours establishment in the city without first procuring a license and paying an annual fee of three hundred fifty dollars ($350.00). A license shall be granted only if the person is of good moral character as defined by section 3-2-2 of this code. In the case of a club, corporation, limited liability company, partnership, or other entity or association of persons, the officers of the club or association, the shareholders of the corporation. the members of the limited liability company, the partners of a partnership, or the owners of the entity, as applicable, shall be persons of good moral character as so defined. B. Definition: For purposes of this section, "after hours establishment" means any business, establishment or place open to members of the general public at any time between the hours of 12:00 midnight and 6:00 a.m., which is an adult business/adult use as defined in the zoning ordinance or which has for its primary purpose entertainment of any kind, social gathering, dancing, the playing of games of skill or chance in any form and regardless of legality, or the playing of live or recorded music, and which holds no permit or license to sell or dispense alcoholic beverages but which may allow patrons or invitees to bring their own alcoholic beverages for consumption on the premises. "General public" includes but is not limited to persons who pay a fee or charge to enter the premises or who are required to obtain membership or other designation of preferred status in or from the establishment. C. Application for License: Each person desiring to engage in the business of carrying on or operating an after hours establishment shall make written application to the city clerk on forms furnished by the city clerk, which shall contain the following information: 1. Name and address of applicant. 2. Business name and business address. 3. Legal description of business premises. 4. Brief description of operation. D. Investigation Of Applicant: Upon receipt of an original application for a liquor license or beer permit by the city clerk, it shall be forwarded to the chief of police, who shall conduct an investigation and shall submit a written report on the applicant as to the truth of the facts averred in the application and a recommendation to the city council as to the approval or denial of the license. It shall be the duty of the health inspector, the building inspector and the fire chief to inspect the premises to determine if they conform to the requirements of the city, and no license shall be approved until or unless an approving report has been filed with the city council by such officers. The city council shall then act upon the application and either approve or deny it. Upon city council approval, the city clerk shall issue a one year license accordingly. In the case of denial, the city council shall state the reasons for denial. E. Inspections: An applicant for a license under this chapter must, as a further condition for approval by the city council. give written consent on the application for members of the fire, police and health departments and the building inspector to enter upon the premises without warrant to inspect for violations of the provisions of state law and of this chapter. F. Nature of License: A license under this chapter shall be a purely personal privilege. It shall not constitute property, nor be subject to attachment and execution nor be alienable nor assignable, and in any case it shall cease upon the death of the licensee or the termination of its existence. However, the director may, in his discretion, allow the executor or administrator of a licensee to operate the business of the decedent for a reasonable time not to exceed the expiration date of the license. Every license shall be issued in the name of the applicant, and no person holding a license shall allow any other person to use same. G. Revocation: A license under this chapter shall be revocable for cause. A license may be revoked by the city council, after required notice, for failure to comply with state law, as well as any or all city ordinances relating to the operation of an after hours establishment.