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HomeMy WebLinkAbout5080-11/04/2011This Ordinance prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 5080 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING SECTION 3 OF CHAPTER 2, LIQUOR CONTROL, OF TITLE 3, BUSINESS AND LICENSE REGULATIONS; AND ENACTING IN LIEU THEREOF A NEW SECTION 3 OF CHAPTER 2, LIQUOR CONTROL, OF TITLE 3, BUSINESS AND LICENSE REGULATIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, That Section 3 of Chapter 2, Liquor Control, of Title 3, Business and License Regulations of the 2007 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; and that a new Section 3 of Chapter 2, Liquor Control, of Title 3, Business and License Regulations, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof substantially in the form attached hereto as Exhibit A, which document is hereby incorporated by reference as though set forth in full herein. INTRODUCED: PASSED 18t CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: October 17, 2011 October 17, 2011 October 17, 2011 October 17, 2011 PASSED AND ADOPTED by the City Council of the City Waterloo, Iowa, on the 17th day of October, 2011, and approved the Mayor on the 17th day of October, 2011. ATTEST: y Sc.. -s, CMC City Cl:rk rnest G. Clar , Mayor CERTIFICATE of by I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5080 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 17th day of October, 2011. Witness my hand and seal of office this 17th day of October, 2011. SEAL zy Schar City Cler EXHIBIT A 3-2-1: PURPOSE: The purpose of this chapter is to provide administration of licenses and permits and for local regulations and procedures for the conduct of the sale and consumption of beer and liquor, for the protection of the safety, morals and general welfare of this community. 3-2-2: DEFINITIONS: Where words and phrases used in this chapter are defined by state law, such definitions are adopted by reference and shall apply to the use of those words and phrases in this chapter. Those definitions so adopted that need further definition or are reiterated, and other words and phrases used herein, shall have the following meanings: CLUB: Any nonprofit corporation or association of individuals, which is the owner, lessee or occupant of a permanent building or part thereof, membership in which entails the prepayment of regular dues and is not operated for a profit other than such profits as would accrue to the entire membership. COMMERCIAL ESTABLISHMENT: A place of business which is at all times equipped with sufficient tables and seats to accommodate twenty five (25) persons at one time, and the licensed premises of which conforms to the ordinances of the city. GROCERY STORE: Any retail establishment, the principal business of which consists of the sale at that location of food, food products or beverages for consumption off the premises, where the volume of sales of such items and other products, but not including alcoholic beverages, is more than fifty percent (50%) of the total volume of all items, commodities and materials sold by the establishment. HOTEL OR MOTEL: A premises licensed by a state agency and regularly or seasonally kept open in a bona fide manner for the lodging of transient guests, and with twenty (20) or more sleeping rooms. LEGAL AGE: The legal age as defined by state law. PERSON OF GOOD MORAL CHARACTER: Any person, as such term is defined by Chapter 123 of the Code of Iowa, who meets all of the following requirements: A. He or she has such financial standing and good reputation as will satisfy the city council and the administrator that he or she will comply with the Iowa Alcoholic Beverage Control Act and all other laws, ordinances and regulations applicable to his or her operations under state law. B. He or she does not possess a federal gambling stamp. C. He or she is not prohibited by the provisions of subsection 3-2-10B of this chapter from obtaining a license or permit. D. He or she is a citizen of the United States and a resident of Iowa, or is licensed to do business in Iowa in the case of a corporation. E. He or she has not been convicted of a felony. However, if the conviction of a felony occurred more than five (5) years before the application for a license or permit, and if his or her rights of citizenship have been restored by the governor, the administrator may determine that he or she is a person of good moral character notwithstanding such conviction. F. If such person is a corporation, partnership, association, club or hotel or motel, the requirements as set out in this definition shall apply to each of the officers, directors and partners of such person, and to any person who directly or indirectly owns or controls ten percent (10%) or more of any class of stock of such person or has an interest of ten percent (10%) or more in the ownership or profits of such person. For the purpose of this provision, an individual and his spouse shall be regarded as one person. PHARMACY: A retail establishment in which prescription drugs and medicines are compounded and/or sold by a licensed pharmacist, where the volume of sales of such items and other products, but not including alcoholic beverages, is more than fifty percent (50%) of the total volume of all items, commodities and materials sold by the establishment. 3-2-3: ELIGIBILITY FOR LIQUOR CONTROL LICENSE OR BEER PERMIT: Upon meeting the requirements imposed by state law and the ordinances of this city, a person who is of good moral character, as defined by state law and this chapter, may apply for a license or a permit. In the case of a club, corporation, partnership or other entity, the officers of the club, corporation or entity, and the partners of a partnership, shall be persons of good moral character, as defined by state law and this chapter. 3-2-4: APPLICATION FOR LICENSE OR PERMIT: A. Investigation Of Applicant: Upon receipt of an original application for a license or 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 of the license or permit. 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 or permit shall be approved until or unless an approving report has been filed with the city council by such officers. B. Civil Liability: Every licensee and Class B beer permittee shall furnish proof of financial responsibility either by the existence of a liability insurance policy or by posting bond in such amount as determined by the division. C. Application For Renewal: Upon receipt of an application for the renewal of a license or permit, it shall be forwarded to the chief of police only, who shall conduct an investigation and shall submit a written report on the applicant as to the truth of the facts answered in the application and a recommendation to the city council as to the approval of the license or permit. D. Action By City Council: Action taken by the city council shall be so endorsed on the application and thereafter the application, fee and bond shall be forwarded to the division for such further action as is provided by law. 2 3-2-5: LICENSE AND PERMIT TERMS; SEASONAL PERMITS: All licenses and permits, unless sooner suspended or revoked, shall expire one year from date of issuance. Six (6) or eight (8) month seasonal licenses or beer permits may be issued for a proportionate part of the license or permit fee. No seasonal license or permit shall be renewed except after a period of two (2) months. Seasonal licensing shall be only as permitted by state regulation. 3-2-6: CONDITIONS OF LICENSE OR PERMIT: A. Investigations: An applicant for a license or permit, as a further condition for approval by the city council, must give consent in writing on the application, that members of the fire, police and health departments and the building inspector may enter upon the premises without warrant to inspect for violations of the provisions of state law and of this chapter. 1. No license or permit shall be approved for premises which do not conform to all applicable laws, ordinances, resolutions and health and fire regulations. 2. No licensee shall have or maintain an interior access to residential or sleeping quarters unless permission is granted by the administrator in the form of a living quarters permit. 3. The premises for which a Class B beer permit is sought must be located within a business district or an area now or hereafter zoned as a business district and conform to the zoning requirements of the city. 4. The premises of a Class B beer permit shall, at the time of the application, continue to be equipped with sufficient tables and seats to accommodate twenty five (25) persons at one time. B. Visibility From Licensed Premises: The licensed premises of any licensee or permittee shall be clearly visible at any hour from the outside, whether the licensee or permittee is open for business, or otherwise, and the following regulations shall be complied with as a condition for approval by the city council: 1. The entrance of the licensed premises which is primarily used by patrons shall have a door or window which provides an unobstructed view of the main seating and/or serving area of the licensed premises with the minimum dimensions of nine inches by nine inches (9" x 9") set into the door or window at eye level, which shall be approximately fifty six inches (56") to sixty four inches (64") above the ground level of the premises. 2. Any window presently in existence, which is mounted at eye level in an exterior wall adjoining the seating and/or serving area, shall have a minimum of nine inches by nine inches (9" x 9") of unobstructed view into the licensed premises. 3. Any licensed premises which has the serving area located within a permanent building whereby the main seating and/or serving area are not immediately accessible nor visible from a public street shall have an unobstructed opening to the main seating and/or serving area as provided in subsection B1 and/or B2 of this section. 3 4. The required openings as provided in subsections B1 and B2 of this section shall not be obstructed, in any fashion, to hinder clear view into the main seating and/or serving area of the licensed premises. 5. The building inspector, or designee, shall be solely responsible for the enforcement of the provisions of this subsection B. Upon inspection, notice of noncompliance shall be sent to the licensee or permittee and to the city clerk for appropriate action in accordance with this section. 6. Compliance by the licensee or permittee with the terms and conditions of this subsection shall occur no later than the time of the renewal of the license or permit. Failure to timely comply may result in suspension or revocation of the license or permit in accordance with this chapter. C. Separate Locations For Class B Or C: Every person holding a Class B or Class C beer permit having more than one place of business where beer is sold shall be required to have a separate license for each separate place of business, except as otherwise prohibited by state law. D. Nature Of License Or Permit: A license or permit shall be a purely personal privilege and be revocable for cause. 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 permittee or licensee. However, the administrator may, in his or her discretion, allow the executor or administrator of the estate of a permittee or licensee to operate the business of the decedent for a reasonable time not to exceed the expiration date of the permit or license. Every permit or license shall be issued in the name of the applicant and no person holding a permit or license shall allow any other person to use same. E. Transfers: The city council will, in its discretion, authorize a licensee or permittee to transfer the license or permit from one location to another within the city, provided that the premises to which the transfer is to be made would have been eligible for a license or permit in the first instance and such transfer will not result in the violation of any law or ordinance. 3-2-7: REFUNDS: Any such licensee or permittee, or the executor or administrator of his or her estate, or any person duly appointed by the court to take charge of and administer the property or assets of the licensee or permittee for the benefit of his or her creditors, may voluntarily surrender such license or permit to the division and when so surrendered the division shall notify the city, and the division and the city, or the city itself in the case of a retail beer permit, shall refund to the person so surrendering the license or permit a proportionate amount of the fee paid for such license or permit as follows: if surrendered during the first three (3) months of the period for which said license or permit was issued, the refund shall be three-fourths (3/4) of the amount of the fee; if surrendered more than three (3) months but not more than six (6) months after issuance, the refund shall be one-half ('/2) of the amount of the fee; if surrendered more than six (6) months but not more than nine (9) months after issuance, the refund shall be one-fourth (1/4) of the amount of the fee. No refund shall be made, however, for a license or permit surrendered more than nine (9) months after issuance. No refund shall be made to any licensee or permittee, upon the surrender of the license or permit, if there is at the time of said surrender a complaint 4 filed with the division or the city, charging him with a violation of this chapter or provisions of the Iowa Alcoholic Beverages Control Act. If upon hearing on any such complaint the license or permit is not revoked or suspended, then the licensee or permittee shall be eligible, upon surrender of the license or permit, to receive a refund as herein provided. But if his or her license or permit is revoked or suspended upon such hearing, he or she shall not be eligible for the refund or any portion of his or her license or permit fee. No refund shall be made for seasonal licenses or permits. 3-2-8: PROHIBITED ACTS AND CONDITIONS: No person holding a license or permit, nor the agents or employees of such person, shall do any of the following: A. Prohibited Interest: It shall be unlawful for any person or persons to be either directly or indirectly interested in more than one class of beer permit. B. Sales To Intoxicated Persons: Sell, dispense or give to any intoxicated person, or one simulating intoxication, any alcoholic beverages. C. Closing Hours: Sell or dispense any alcoholic beverages on the premises covered by the license or permit, or permit the consumption thereof, between the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M. on any weekday, and between the hours of two o'clock (2:00) A.M. on Sunday and six o'clock (6:00) A.M. on the following Monday, however, a holder of a license or Class B beer permit granted the privilege of selling liquor or beer on Sunday may sell or dispense such liquor or beer between the hours of twelve o'clock (12:00) noon and ten o'clock (10:00) P.M. on Sunday. D. Sales On Credit: Sell alcoholic beverages to any person on credit, except with a bona fide credit card. This provision shall not apply to sales by a club to its members nor to sales by a hotel or motel to bona fide registered guests. E. Adding Alcohol To Beer: In the case of a retail beer permittee, knowingly allow the mixing or adding of alcohol or any alcoholic beverage to beer or any other beverage in or about the permittee's place of business. F. Dancing: No dancing shall be permitted unless the licensee or permittee has first secured a dance hall license under the provisions of the ordinances of the city. G. Obscenity: Cause, permit, procure, counsel or assist any person who is acting as a waiter, waitress, host, hostess, dancer or entertainer on the licensed premises to: 1. Expose his or her genitals, pubic hair, perineum, anus region or pubic hair region; or 2. Expose or wear any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, perineum, anus region or pubic hair region; or 3. Come into any physical contact with any customer or patron within the establishment, other than when assisting said customer or patron when entering, leaving, seating or serving. 5 For purposes of this subsection, a person shall be deemed a waiter, waitress, host, hostess, dancer or entertainer if such person acts in that capacity without regard to whether such person is paid any compensation by the licensee or permittee, or by an agent or employee thereof. H. Obscene Pictures: Cause, procure, counsel or assist any person in showing or displaying motion pictures, slides, photographic or other printed displays within the licensed premises which depict or show the genitals, pubic hair, perineum, anus region or pubic hair region of either the male or female. I. Brand Signs Prohibited: No signs or other matter advertising any brand of alcoholic beverage shall be erected or placed upon the outside of any premises occupied by a licensee or permittee. J. Consumption In Public Places; Intoxication: It is unlawful for any person to use or consume alcoholic beverages upon the public streets or highways, or alcoholic liquors in any public place, except premises covered by a license, and no person shall be intoxicated nor simulate intoxication in a public place. 3-2-9: PROHIBITED ACTS INVOLVING MINORS: It shall be unlawful to: A. Employment Of Minors: Employ any person under the age of eighteen (18) years old in the sale or serving of alcoholic beverages for consumption on the premises where sold. B. Sales To Minors: Sell, give or otherwise supply any alcoholic beverages to any person knowing or having reasonable cause to believe him or her to be under legal age, or permit any person knowing or having reasonable cause to believe him or her to be under legal age, to consume any alcoholic beverage or beer. C. Persons Under Legal Age: No person shall sell, give or otherwise supply alcoholic beverages to any person knowing or having reasonable cause to believe him or her to be under legal age, and no person or persons under legal age shall individually or jointly have alcoholic beverages in his, her or their possession or control; except in the case of an alcoholic beverage given or dispensed to a person under legal age within a private home and with the knowledge and consent of the parent or guardian for beverage or medicinal purposes or as administered to him or her by either a physician or dentist for medicinal purposes and except to the extent that a person under legal age may handle alcoholic beverages during the regular course of his or her employment by a licensee or permittee under state law. D. Minors Prohibited From Certain Premises: 1. Policy And Purpose: It is the purpose and intent of this provision to preclude persons under twenty one (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 or her employees have a 6 responsibility to make reasonable scrutiny of those reasonably suspected to be unlawfully present. 2. It shall be unlawful for a licensee or permittee 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 onto such premises of any and all persons who have not yet attained the legal age for the lawful purchase and possession of alcoholic beverages. 3. It shall be unlawful for any person who has not yet attained legal age for purchase and/or possession of alcoholic beverages to enter upon such premises as are described in subsection D2 of this section except as provided for herein. 4. The provisions of subsection D2 of this section shall not apply in the following circumstances: a. The underage minor is an employee of the licensee or permittee, or performing a contracted service with respect to said premises. b. The underage person is accompanied by a parent, legal guardian or spouse who is of legal age for the purchase and/or possession of alcoholic beverages. c. The underage 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 underage minor to be on the licensed premises pursuant to such plan, and of all persons employed with respect to said premises, to prevent the underage minor from consuming and/or possessing alcoholic beverages on said premises. 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 subsection. 5. It shall be the duty of the licensee or permittee to display in a prominent place a printed sign, no smaller than eight inches by ten inches (8" x 10") in size, boldly printed and reading as follows: WARNING TO MINORS: You are subject to punishment under the Waterloo city code 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. 3-2-9A: PREMISES CONTROL: A licensee or permittee shall comply with the following requirements: 7 A. Employ reasonable methods to monitor the premises and all parking lots, streets, alleys and sidewalks abutting such premises to prevent loitering, littering, violation of noise ordinances, or consumption of alcoholic beverages in public places by the patrons of such business. If such activity is observed, then the owner or manager shall promptly report such violations to the police department. B. Post signs on the exterior of the business premises advising patrons to comply with ordinances against loitering, littering, public alcohol consumption, and excessive noises. No less than one sign shall be posted, conspicuously and in a manner calculated to come to the attention of business patrons, on each side of the building along which patrons can reasonably be expected to pass. C. No less than daily on each day that the premises is open for business, pick up and properly dispose of all litter on the property and any area within fifty (50) feet thereof that is not apparently protected against public entry by means of a wall, fence, gate, hedge or similar barrier. 3-2-10: SUSPENSION AND REVOCATION: A. Material Facts For Suspension And Revocation: 1. 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 ($1,000.00) per violation. Before suspension, revocation or imposition of a civil penalty, the licensee or permittee shall be given written notice and an opportunity for a hearing pursuant to state law. 2. A license or permit issued under this chapter may be suspended or revoked, or a civil penalty may be imposed, on the licensee or permittee by the city for any of the following causes: a. Misrepresentation of any material fact in the application for such license or permit. b. Violation of any of the provisions of this chapter or applicable zoning regulations. c. Any change in the ownership or interest in the business operated under a Class A, Class B or Class C license, or any wine or beer permit, which change was not previously reported to and approved by the local authority and the state. d. An event which would have resulted in disqualification from receiving such license or permit when originally issued. e. Any sale, hypothecation or transfer of the license or permit. f. 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. 8 g. Violation of the terms or conditions or any agreement entered into with governing authority with respect to a license or permit. 3. 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 license 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. 4. The city may suspend any permit or license for a violation of an ordinance or regulation adopted by the city. 5. When a license or permit is suspended, after a hearing as a result of violations of this chapter by the licensee or permittee, or his or her agents or employees, the premises which were subject to a license or permit shall not be relicensed for a new applicant until the suspension has terminated or time of suspension has elapsed, or ninety (90) days have elapsed since the 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 (90) days have elapsed from the commencement of the suspension, if the premises prior to the time of the suspension has been purchased under contract, and the vendor under that contract has exercised the person's rights under Iowa Code 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. As to any applicant, licensee or permittee that is not a natural person, the limitations of this subsection shall apply with reference to each natural person who is required to be a person of good moral character under section 3-2-2 of this chapter. 6. If the cause for suspension is a first offense violation of Iowa Code section 123.49(2)(h), or subsection 3-2-8D of this chapter, the city shall impose a civil penalty in the amount of three hundred dollars ($300.00) in lieu of suspension of the license or permit. The city shall retain civil penalties collected under this subsection if the proceeding to impose the penalty is conducted by the city. B. Effect Of Revocation: Any licensee or permittee whose license or permit is revoked under this chapter shall not thereafter be permitted to hold a license or permit in the state of Iowa for a period of two (2) years from the date of revocation. A spouse or business associate holding ten percent (10%) 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 license or permit, and no license or permit shall be issued which covers any business in which such person has a financial interest for a period of two (2) 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. C. Appeal And Hearing: When the city imposes an administrative sanction or disapproves a license application, the applicant may appeal the city's action to the division. The appeal 9 must be in writing and must be filed with the division within twenty one (21) days from the date that the applicant was notified of the city's action. 3-2-11: 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. B. The conviction of any licensee or 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 licensee is convicted of any violation of Iowa Code section 123.49, subsection (2), paragraphs a, d or e, or if any beer permittee is convicted of a violation of Iowa Code section 123.49 subsection (2), paragraph a, the license or permit may be revoked and upon revocation shall immediately surrender the license or permit, and the bond of the licensee or permittee shall be forfeited to the division. C. If any licensee or permittee, or any employee of a licensee or permittee, is convicted of a violation of subsection 3-2-9B of this chapter, or a Class B beer permittee is convicted of a violation of subsection 3-2-8E of this chapter, 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 license or 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 license or 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 license or 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 license or permit shall be revoked. 10 SUMMARY OF ORDINANCE NO. 5080 ADOPTED ON OCTOBER 17, 2011 BY THE WATERLOO CITY COUNCIL AS AMENDMENTS TO THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING CHAPTER 2, LIQUOR CONTROL, OF TITLE 3, BUSINESS AND LICENSE REGULATIONS. This is a summary of amendments to Chapter 2, Liquor Control, of Title 3, Business and License Regulations, of the 2007 Code of Ordinances (referred to below as the "Amended Ordinance"), which were adopted on October 17, 2011: The Amended Ordinance had two primary purposes. First, it made a number of revisions that are non -substantive in nature, such as by updating wording that had become obsolete, making language more gender inclusive, and reflecting changes that have occurred in state agencies with responsibility for alcoholic beverage licensing. Second, the Amended Ordinance introduced some substantive changes, which are addressed in more detail in the following paragraphs. Nearly every section in chapter 2 has been amended in some fashion. The definition of "pharmacy" was revised to provide that the volume of sales of prescription drugs, medicines, and other items, but not including alcoholic beverages, must be more than fifty percent (50%) of the total volume of sales of all items. The Amended Ordinance introduced a new section with provisions pertaining to control of premises subject to a license or permit. These provisions require the licensee or permittee (a) to monitor the premises and abutting parking lots, sidewalks and other areas to prevent loitering, littering, noise ordinance violations, and public alcohol consumption, (b) to post signs advising patrons to comply with specified city ordinances, and (c) to regularly pick up litter on the premises and within fifty (50) feet thereof. The amendment also allows the city to suspend or revoke a license or permit, or impose a civil penalty, if the licensee or permittee violates the terms or conditions of any agreement with governing authority pertaining to a license or permit. The particular penalties have not been changed. The Amended Ordinance has clarified certain qualifications of a new applicant for relicensing a premise subject to a license suspension. If the new applicant is not a natural person, then the restrictions stated in the ordinance also apply to each person who is required to be a "person of good moral character" as defined in the ordinance. The above is only a summary of the Amended Ordinance and not the complete text of the Amended Ordinance. There are details and specific terms and requirements that have not been provided in this summary. The Amended Ordinance may be inspected in its entirety at the office of the City Clerk, 715 Mulberry Street, 1st Floor, Waterloo, Iowa 50703, from Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. The Amended Ordinance will become effective upon publication of this summary. STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1367195 SUMMARY OF ORDINANCE NO. 5080 ADOPT notice was published in the WATERLOO/CEDAR FALLS COURIER -, a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 11/03/2011, in the issues of 11/03/2011 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. Printer's Bill $27.02 Signe Sub/scribed and sworn to before me this / day of ,;61xej*'iX.�P�c./ r Q 0 11 SUE ALANIZ COMMIS&ON NO. 761976 ° 1 SION EXPIRES "ZIR o&ary Puhl Received of the sum of Dollars in full for publication of the above invoice. Notary Seal: SUMMARY OF ORDINANCE NO. 5080 ADOPTED ON OCTOBER 17, 2011 BY THE WATERLOO CITY COUNCIL AS AMENDMENTS TO THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING CHAPTER 2, LIQUOR CONTROL, OF TITLE 3, BUSINESS AND LICENSE REGULATIONS. This is a summary of amendments to Chapter 2, Liquor Control, of Title 3, Business and License Regulations, of the 2007 Code of Ordinances (referred to below as the "Amended Ordinance"), which were adopted on October 17, 2011: The Amended Ordinancehad two prima- ry purposes. First, it made a number of revisions that are non -substantive in na- ture, such as by updating wording that had become obsolete, making languade more gender inclusive, and reflecting changes that have occurred in state agencies with responsibility for alcoholic beverage licensing. Second, the Amended Ordinance Introduced some substantive changes, which are ad- dressed in more detail, in the following paragraphs. Nearly every section in chapter 2'has been amended in some fashion. The definition of "pharmacy" was revised to provide that the volume of sales of prescription drugs, medicines, and other items, but not including alcoholic bever- ages, must be more than fifty percent (50%) of the total volume of sales of all items. , The Amended Ordinance introduced a new section with provisions pertaining to control of premises subject to a license or permit. These provisions require the licensee or permittee (a) to monitor the premises and abutting parking lots, side- walks and other areas to prevent loiter- ing, littering, noise ordinance violations, and public alcohol consumption, (b) to post signs advising patrons to comply with specified city ordinances, and (c) to regularly pick up litter on the premises and within fifty (50) feet thereof. The amendment also allows the city to suspend or revoke a license or permit, or impose a civil penalty, if the licensee or permittee violates the terms or condi- tions of any agreement with governing authority pertaining to a license or permit. The particular penalties have not been changed. The Amended Ordinance has clarified certain qualifications of a new applicant for relicensing a premise subject to a li- cense suspension. If the new applicant is not a natural person, then the restric- tions stated in the ordinance also apply to each person who is required to be a "person of good moral character" as de- fined in the ordinance_ The above is only asummary of the Amended Ordinance and not the com- plete text of the Amended Ordinance. There are details and specific terms and requirements that have not been provid- ed in this summary. The Amended Or- dinance may be inspected in its entirety at the office of the City Clerk, 715 Mul- berry Street, tat Floor, Waterloo, Iowa 50703, from Monday through Friday be- tween the hours of 8:00 a.m. and 5:00 p.m. The Amended Ordinance will become effective upon publication of this summary.