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HomeMy WebLinkAbout2584-12.27.1971 • ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 4, ALCOHOLIC BEVERAGES, IN ITS ENTIRETY OF THE CITY OF WATERLOO CODE OF ORDINANCES AND ENACTING IN LIEU THEREOF A NEW CHAPTER 4 REGULATING THE SAT,F, AND CONSUMPTION OF BEER AND LIQUOR: PROVIDING FOR THE ISSUANCE, REVOCATION OR SUSPENSION OF PERMITS AND LICENSES THEREFOR; AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. PURPOSE. The purpose of this ordinance 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. Section 2. DEFINITIONS. Where words and phrases used in this ordinance are defined by state law, such definitions shall apply to their use in this ordinance and are adopted by reference. Those definitions so adopted that need further definition or are reiterated, and other words and phrases used herein, shall have the following meanings: (1) "Person of good moral character" means any person who meets all of the following requirements: a. He has such financial standing and good reputation as will satisfy the city council and the director that he will comply with the Iowa Beer and Liquor Control Act and all other laws, ordinances,and regulations applicable to his operations under state law. b. He does not possess a federal gambling stamp. c. He is not prohibited by the provisions of section twenty-two (22) of this ordinance from obtaining a liquor license or beer permit. d. Is a citizen of the United States and a resident of Iowa, or licensed to do business in Iowa in the case of a corporation. e. He has not been convicted of a felony. However, if his conviction of a felony occurred more than five years before 1 the application for a license or permit, and if his rights of citizenship have been restored by the Governor, the director may determine that he 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 of this subsection 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 or more of any class of stock of such person or has an interest of ten percent 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. (2) "Club" means 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. (3) "Commercial establishment" means a place of business which is at all times equipped with sufficient tables and seats to accommodate twenty-five persons at one time, and the licensed premises of which conform to the ordinances of this city. -2- (4) "Grocery Store" means any retail establishment, the principal business of which consists of the sale of food or food products for consumption off the premises. The volume of sales of all other items, commodities and materials shall be included with the volume of sales of beer, and sales of beer shall not equal or exceed fifty percent of the dollar volume of all sales made by the establishment to meet the test that food sales must be the principal business thereof. (5) "Pharmacy" means 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. (6) "Hotel" or "motel" means a premise licensed by the state department of agriculture and regularly or seasonally kept open in a bona fide manner for the lodging of transient guests, and with twenty or more sleeping rooms. (7) "Legal age" means twenty-one years of age or more. Section 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 ordinance, may apply fora liquor control license or a beer permit. In the case of a club, corporation, or partnership, the officers of the club or corporation and the partners of a partnership shall be persons of good moral character as defined by state law and this ordinance. Section 4. CONDITIONS FOR APPROVAL OF LICENSE OR PERMIT-PREMISES. An applicant for a liquor control license or beer 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 ordinance. (1) No liquor control license or beer 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 any interior access to residential or sleeping quarters unless permission is granted by the state beer and liquor control director 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 here- after zoned as a business district and conform to the zoning require- ments of this 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 persons at one time. (5) No state liquor store shall be located within three hundred (300) feet of a public or private educational institution unless a lesser distance is specifically authorized by ordinance. Section 5. BEER PERMITS - CLASSES. Beer permits shall be classed as follows: (1) Class "B". A class "B" beer permit shall allow the holder to sell beer at retail for consumption on or off the premises. (2) Class "C". A class "C" beer permit shall allow the holder to sell beer at retail for consumption off the premises only. Such sales shall be in original containers only. No class "C" permit shall be issued to any person except the owner or proprietor of a grocery store or pharmacy. -3- Section 6. LIQUOR LICENSES - CLASSES. Liquor control licenses shall be classed as follows: (1) Class "A". A class "A" liquor control license issued to a club shall authorize the holder to purchase alcoholic liquors from the department only, and to sell such liquors, and beer, to bona fide members and their guests by the individual drink for consumption on the premises only. (2) Class "B". A class "B" liquor control license issued to a hotel or motel shall authorize the holder to purchase alcoholic liquors from the department only, and to sell such liquors, and beer, to patrons by the individual drink for consumption on the premises only, however, beer may also be sold for consumption off the premises. Each such license shall be effective throughout the premises described in the application. (3) Class "C". A class "C" liquor control license issued to a commercial establishment must be issued in the name of the individual or individuals who actually own the entire business and shall authorize the holder or holders to purchase alcoholic liquors from the department only, and to sell such liquors, and beer to patrons by the individual drink for consumption on the premises only, however, beer may also be sold for consumption off the premises. Section 7. 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. Section 8. SEPARATE LOCATIONS -- CLASS "B" OR "C". Every person holding a class "B" or class "C" permit having more than one place of business where such beer is sold shall be required to have a separate license for each separate place of business, except as otherwise prohibited by state law. Section 9. APPLICATION, CONTENTS: BOND. A verified application for the original issuance or the renewal of a liquor control license or a beer permit shall be filed at such time, in such number of copies, and in such form as the state director of beer and liquor control shall prescribe, on forms prescribed by him. The application shall be accompanied by the required fee and bond and be filed with the city council for approval or disapproval. The bond to be submitted shall be in a form prescribed by the state director and in the following amounts: (1) With any liquor control license $5,000.00 and conditioned upon the payment of all taxes payable to the state under the provisions of the Iowa beer and liquor control act and compliance with all provisions of the act. (2) With any beer permit $500.00 and conditioned upon the faithful observance of the Iowa beer and liquor control act. Section 10. 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 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. Section 11. SIMPLIFIED APPLICATION FOR RENEWAL. Upon receipt of an application for the renewal of a liquor license or beer 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. • -4- Section 12. CIVIL LIABILITY. Every liquor control 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 department. Section 13. LICENSE AND PERMIT FEES. The following fees shall be submitted with the respective application: (1) For a class "B" beer permit the annual fee shall be $300.00. (2) For a class "C" beer permit the annual fee shall be graduated on the basis of the amount of interior floor space which comprises the retail sales area of the premises covered by the permit, as follows: a. Up to one thousand five hundred square feet $ 75.00 b. Over one thousand five hundred square feet and up to two thousand square feet $100.00 c. Over two thousand and up to five thousand square feet $200.00 d. Over five thousand square feet $300.00 (3) For a class "A" liquor control license the annual fee shall be: a. $600.00 b. Club, less than 250 members $400.00 c. Club which is a post, branch, or chapter of a veterans organization chartered by the Congress of the United States, if such club does not sell or permit the consumption of alcoholic beverages on the premises more than one day in any week, and if the application for a license states that such club does not and will not sell or permit the consumption of alcoholic beverages on the premises more than one day in any week $200.00 (4) For a class "B" liquor control license the annual fee shall be $1,300.00. (5) For a class "C" liquor control license the annual fee shall be $1,300.00. Section 14. NATURE OF LICENSE OR PERMIT. A liquor control license or beer 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 director may in his discretion allow the executor or administrator 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. Section 15. ACTION BY 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 Iowa beer and liquor control department for such further action as is provided by law. Section 16. EXPIRATION OF LICENSE OR PERMIT. All liquor control licenses and beer permits, unless sooner suspended or revoked, shall expire one year from date of issuance. Six or eight-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 months. Seasonal licensing shall be only as permitted by state regulation. -5- Section 17. REFUNDS. Any such licensee or permittee, or his executor, administrator, 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 creditors, may voluntarily surrender such license or permit to the department and when so surrendered the department shall notify the city, and the department and the city, or the city by 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 months of the period for which said license or permit was issued the refund shall be three-fourths of the amount of the fee; if surrendered more than three months but not more than six months after issuance the refund shall be one-half of the amount of the fee; if surrendered more than six months but not more than nine months after issuance the refund shall be one-fourth of the amount of the fee. No refund shall be made, however, for a liquor control license or beer permit surrendered more than nine months after issuance. No refund shall be made to any licensee or permittee, upon the surrender of his license or permit, if there is at the time of said surrender a complaint filed with the department or the city, charging him with a violation of this ordinance or provisions of the Iowa beer and liquor 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 his license or permit, to receive a refund as herein provided. But if his license or permit is revoked or suspended upon such hearing he shall not be eligible for the refund of any portion of his license or permit fee. No refund shall be made for seasonal licenses or permits. Section 18. TRANSFERS. The 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. Section 19. PROHIBITED SATES AND ACTS. No person or club holding a liquor license or beer permit nor his agents or employees shall do any of the following: (1) Sell, dispense, or give to any intoxicated person, or one simulating intoxication, any alcoholic liquor or beer. (2) Sell or dispense any alcoholic liquor or beer on the premises covered by the license or permit, or permit the consumption thereon between the hours of two a.m. and six a.m. on any weekday, and between the hours of one a.m. on Sunday and six a.m. on the following Monday. (3) Sell alcoholic liquor or beer 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. (4) Employ any person under the age of eighteen years old in the sale or serving of alcoholic liquor or beer for consumption on the premises where sold. Persons between the ages of eighteen and twenty-one shall be allowed to serve or clear alcoholic liquor or beer as an incident to a meal if the business of selling food or other services constitutes more than fifty percent of the gross business of the licensee or permittee. (5) Sell, give, or otherwise supply any alcoholic beverages or beer to any person knowing or having reasonable cause to believe him to be under legal age, or permit any person knowing or having reasonable cause to believe him to be under legal age, to consume any alcoholic beverage or beer. • -6- (6) 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 his place of business. (7) Keep, or allow to be kept, gambling devices of any kind or description on the premises or place of business of the license or permit holder. (8) No dancing shall be permitted unless the permittee has first secured a dance hall license under the provisions of the ordinances of this city. Section 20. 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. All such signs formerly erected shall be removed by the owner of same by July 1, 1974. Section 21. SUSPENSION AND REVOCATION. A liquor license or beer permit may be suspended for a period up to one year, or revoked, for violations of law including city ordinances, following notice and hearing, and shall be revoked in accordance with the provisions of state law for any of the following causes: (1) Misrepresentation of any material fact in the application for such license or permit. (2) Violation of any of the provisions of the Iowa beer and liquor control act. (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 beer permit which change was not previously reported to and approved by the city and the department. (4) An event which would have resulted in disqualification from receiving such license or permit when originally issued. (5) Any sale, hypothecation, or transfer of such 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 department under the state act. Section 22. EFFECT OF REVOCATION. Any liquor control licensee or beer permittee whose license or permit is revoked under the Iowa beer and liquor control act shall not thereafter be permitted to hold a liquor control license or beer permit in the state of Iowa for a period of two years from the date of such revocation. The spouse and business associates 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 or beer permit, and no liquor control license 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 such revocation. In the event a license or permit is revoked the premises which had been covered by such license or permit shall not be relicensed for one year. Section 23. APPEAL AND HEARING. The right of appeal to the hearing board shall be afforded a liquor control licensee or beer permittee whose license or permit has been suspended or revoked. Any applicant who feels aggrieved by a decision of the director or city disapproving, suspending, or revoking issuance of a liquor control license or beer permit may, provided he has excercised his right of appeal to the hearing board as provided by state law, appeal from said decision within ten days to the district court of the county wherein the premises covered by the application are situated. The city may appeal a decision of the hearing board within ten days to the district court of the county wherein the premises covered by the application are situated. w . -7- Section 24. CONSUMPTION IN PUBLIC PLACES - INTOXICATION. It is unlawful for any person to use or consume alcoholic liquors or beer upon the public streets or highways, or alcoholic liquors in any public place, except premises covered by a liquor control license, and no person shall be intoxicated nor simulate intoxication in a public place. Any person violating any provisions of this section shall be fined not to exceed one hundred dollars or sentenced not to exceed thirty days imprisonment. Section 25. PERSONS UNDER LEGAL AGE. No person shall sell, give, or otherwise supply alcoholic liquor or beer to any person knowing or having reasonable cause to believe him to be under legal age, and no person or persons under legal age shall individually or jointly have alcoholic liquor or beer in his or their possession or control; except in the case of liquor or beer 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 by either a physician or dentist for medicinal purposes and except to the extent that a person under legal age may handle alcoholic beverages and beer during the regular course of his or her employment by a liquor control licensee or beer permittee under state law. Section 26. PENALTIES. (1) Any person who violates any of the provisions of this ordinance shall be subject to a fine of not to exceed one hundred dollars or to imprisonment for not more than thirty days. (2) The conviction of any liquor control licensee or beer permittee for a violation of any of the provisions of subsections (1) to (6) , inclusive, of section nineteen (19) of this ordinance shall, subject to subsection three (3) of this section, be grounds for the suspension or revocation of the license or permit by the department or the city. However, if any liquor control licensee is convicted of any violation of subsection two (2) , paragraphs "a", "d", or "e", of section forty-nine (49) , or any beer permittee is convicted of a violation of subsection two (2) , paragraph "a" of said section of the Iowa beer and liquor control act, the liquor control license or beer permit shall be revoked and shall immediately be surrendered by the holder, and the bond of the license or permit holder shall be forfeited to the department of beer and liquor control. (3) If any licensee, beer permittee, or employee of such licensee or permittee shall be convicted of a violation of section nineteen (19) subsection five (5) of this ordinance, or a retail beer permittee shall be convicted of a violation of subsection six (6) of said section, the city shall, in addition to the other penalties fixed for such violations by this section, assess a penalty as follows: a. Upon a first conviction, the violator's liquor control license or beer permit shall be suspended for a period of fourteen days. b. Upon a second conviction within a period of two years, the violator's liquor control license or beer permit shall be suspended for a period of thirty days. c. Upon a third conviction within a period of five years, the violator's liquor control license or beer permit shall be suspended for a period of sixty days. d. Upon a fourth conviction within a period of five years, the violator's liquor control license or beer permit shall be revoked. Section 27. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. These are: Ordinance No. 1432, as revised, and Chapter 4, Alcoholic Beverages, in its entirety. Section 28. SEVERABILITY CLAUSE. If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. -8- Section 29. WHEN EFFECTIVE. This ordinance shall become effective January 1, 1972. Passed by the City Council on the v,t4 day of eZa'+e,tip.`. 1 ,1971. Mayor ATTEST: City Clerk Str= 688 TA'TE OF IOWA, I, Robert J. McCoy 5S Publisher of the Waterloo poilp Courier Black Rawl.County, a daily newspaper printed in the English language and published in Waterloo, Black Hawk County, Iowa do solemnly swear that the annexed copy of Ordinance No. 2.584 CE,,it RNO AG CHAPTER, notice was published in the English language only ij Y IAN ORDINA gEVCITYOF once a for consecutive 4, ALCOHOLIC WATER- ENAC ODE OF'I ENTIRETY OF H`"ORDINANCES EREOF AND At day of 19 \ Loo ENACTING IN 4 REGULATINt R, commencing on the NEW CND CONSUMPTION OF SALE IQU PROVIDING OR sus •in the issues of DP4�' lb�l 29__ _a 1971 pE L g, REVOCATION AN0 LI- ISSUANCE' PERMITS of said newspaper, and OF PROVID•'. \ cENspENHEREFOF AN�OLATIONS', THEREOFAL71E5 FOR cOUNCILI that the annexed rate of advertising is the regular legal Tate of BE IT ORDAINED WATERLOO' IOWA:! OF THE CITY O WA The Purpose of o. said newspaper, and that the following is a correct bill for pub- , Section 1. PURPOSE.prose s andfh is to p rmits and for lishing said notice. this ordinance and procedures,,lion of licenses and Procedures for f of Q 181.142 local regulations consume of n the Printer's Bill (conduct of the sale orthe Protection of beer and orals,and general welfare safety• morals \this community. Where words Section 2• D used inIthis ordinance.ore and phrases law such definitions defined by state y (shall apply io their use refehencerdlThose Subscribed and sworn to before me this 2q th $ and are adopted by further so adopted that need ocher D. I r� definitions or ore reiterated, December A. D., 19_L __ definition hrases used herein, Shall f 1 words and P and moral /�f have thpersoin olf ng me moral character" S it!!y IIIperson who meets all of the• lotary Publics means any p uirements: \folloa. He rhos such financial standing and good reputation O4the will director the city council and Received of that he will comply with the Iowal Dollars Beer and Liquor Control Act anda a sum of other laws, ordinances, and regale- lions applicable to his operations full for publication of the above notice. under state law• ossess a federal b. He does not P gambling stamp• the pro _- c He is not prohibited by o fYtl of Publishers visions of section twenty a liquor this ordinance from obtaining license or beer permit. d. Is a i��in Off Iowa,Unitedic Statestnsed i all 0 (6i i tnP GP