[HISTORY: Adopted by the City Council of the City of Marion as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 45 of the 2000 Code]
[Ord. No. 06-10; amended 3-23-2023 by Ord. No. 23-02]
As used in this section, "legal age" means 21 years of age or more.
A. 
A person or persons under legal age shall not consume, purchase or attempt to purchase or individually or jointly have alcoholic beverages in their possession or control; except in the case of alcoholic beverages given or dispensed to a person under legal age within a private home and with the knowledge, presence and consent of the parent or guardian, for beverage or medicinal purposes or as administered to the person 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 the person's employment by a liquor control licensee, or wine or beer permittee under state laws. A person under legal age who has consumed alcoholic beverages shall be presumed to have had the same in their possession prior to its consumption.
[Amended 8-17-2023 by Ord. No. 23-21]
B. 
A person under legal age shall not misrepresent the person's age for the purpose of purchasing or attempting to purchase any alcoholic beverage from any licensee or permittee.
A. 
As used in this section, unless the context otherwise requires, the following terms shall have the meanings indicated:
ARREST
As defined in § 804.5 of the Code of Iowa and includes taking into custody pursuant to § 232.19 of the Code of Iowa.
CHEMICAL TEST
A test of a person's blood, breath or urine to determine the percentage of alcohol present by a qualified person using devices and methods approved by the Commissioner of Public Safety.
PEACE OFFICER
As defined in § 801.4 of the Code of Iowa.
SCHOOL
A public or private school or that portion of a public or private school which provides teaching for any grade from kindergarten through grade 12.
B. 
A person shall not use or consume alcoholic beverages upon the public streets or highways. A person shall not use or consume alcoholic liquor, wine or beer in any public place, except premises covered by a liquor control license and as permitted in Chapter 238, Parks, Recreation Areas and Cultural Facilities, Articles I and II, of this Code of Ordinances. A person shall not possess or consume alcoholic beverages on public school property or while attending any public or private school-related function. A person shall not be intoxicated or simulate intoxication in a public place.
[Ord. No. 17-23; amended 3-23-2023 by Ord. No. 23-02]
C. 
When a peace officer arrests a person on a charge of public intoxication under this section, the peace officer shall inform the person that the person may have a chemical test administered at the person's own expense. If a device approved by the Commissioner of Public Safety for testing a sample of a person's breath to determine the person's blood alcohol concentration is available, that is the only test that need be offered the person arrested. In a prosecution for public intoxication, evidence of the results of a chemical test performed under this subsection is admissible upon proof of a proper foundation. The percentage of alcohol present in a person's blood, breath or urine established by the results of a chemical test performed within two hours after the person's arrest on a charge of public intoxication is presumed to be the percentage of alcohol present at the time of arrest.
D. 
A peace officer shall make a reasonable effort to identify a person under the age of 18 who violates this section and refer the person to juvenile court in accordance with Iowa Code § 123.46, Subsection 5.
[Added 3-23-2023 by Ord. No. 23-02]
[Added 3-23-2023 by Ord. No. 23-02]
A person shall not be charged or prosecuted for a violation of § 109-1 or 109-2 above if the person is immune from charge or prosecution pursuant to Iowa Code § 701.12.
[Adopted by Ord. No. 18-35 (Ch. 120 of the 2000 Code)]
[Amended 3-23-2023 by Ord. No. 23-02]
No person shall manufacture for sale or sell, or offer or keep for sale, alcoholic liquor, wine or beer without first securing a liquor control license, wine permit or beer permit in accordance with the provisions of Chapter 123 of the Code of Iowa.
It is unlawful to manufacture for sale, sell, offer or keep for sale, possess or transport alcoholic liquor, wine or beer except upon the terms, conditions, limitations and restrictions enumerated in Chapter 123 of the Code of Iowa, and a license or permit may be suspended or revoked or a civil penalty may be imposed for a violation thereof.
[Amended 3-23-2023 by Ord. No. 23-02]
Upon receipt of an application for a liquor license, wine or beer permit, the Clerk shall forward the application to the Marion Police Department and Division of Criminal Investigation, who shall conduct a background investigation and submit a written report as to the truth of the facts averred in the application and qualifications to hold a license or permit. The Marion Fire Department and Marion Building Division shall also inspect the premises to determine if they conform to the requirements of the City Code. The Council shall not approve an application for a license or permit for any premises which do not conform to the applicable law and ordinances, resolutions and regulations of the City. The City Clerk shall not issue a license or permit under this chapter until the applicant has paid all fees required by the State of Iowa.
The Council shall either approve or disapprove the issuance of the liquor control license or retail wine or beer permit and shall endorse its approval or disapproval on the application, and thereafter the application, necessary fee and bond, if required, shall be forwarded to the Alcoholic Beverages Division of the State Department of Commerce for such further action as is provided by law.
A person or club holding a liquor license or retail wine or beer permit and the person's or club's agents or employees shall not do any of the following:
A. 
Sell, dispense or give to any intoxicated person, or one simulating intoxication, any alcoholic beverage.
[Amended 3-23-2023 by Ord. No. 23-02]
B. 
Sell or dispense any alcoholic beverage on the premises covered by the license or permit, or permit its consumption thereon, between the hours of 2:00 a.m. and 6:00 a.m. on a weekday, and between the hours of 2:00 a.m. on Sunday and 6:00 a.m. on the following Monday; however, a holder of a license or permit granted the privilege of selling alcoholic liquor, beer or wine on Sunday may sell or dispense alcoholic liquor, beer or wine between the hours of 6:00 a.m. on Sunday and 2:00 a.m. of the following Monday; and further provided that a holder of any class of liquor control license or the holder of a Class B beer permit may sell or dispense alcoholic liquor, wine or beer for consumption on the premises between the hours of 8:00 a.m. on Sunday and 2:00 a.m. on Monday when that Monday is New Year's Day and beer for consumption off the premises between the hours of 8:00 a.m. on Sunday and 2:00 a.m. on the following Monday when that Sunday is the day before New Year's Day.
[Amended 3-23-2023 by Ord. No. 23-02]
C. 
Sell alcoholic beverages to any person on credit, except with a bona fide credit card. This provision does not apply to sales by a club to its members, nor to sales by a hotel or motel to bona fide registered guests, nor to retail sales by the managing entity of a convention center, civic center or events center.
[Amended 3-23-2023 by Ord. No. 23-02]
D. 
Employ a person under 18 years of age in the sale or serving of alcoholic liquor, wine or beer for consumption on the premises where sold.
E. 
In the case of a retail beer or wine permittee, knowingly allow the mixing or adding of alcohol or any alcoholic beverage to beer, wine or any other beverage in or about the permittee's place of business.
F. 
Knowingly permit any gambling, except in accordance with Iowa law, or knowingly permit any solicitation for immoral purposes, or immoral or disorderly conduct on the premises covered by the license or permit.
G. 
Knowingly permit or engage in any criminal activity on the premises covered by the license or permit. However, the absence of security personnel on the licensed premises is insufficient, without additional evidence, to prove that criminal activity occurring on the licensed premises was knowingly permitted in violation of this Subsection G. For purposes of this Subsection G, "premises" includes parking lots and areas adjacent to the premises of a liquor control licensee or wine or beer permittee authorized to sell alcoholic beverages for consumption on the licensed premises and used by patrons of the liquor control licensee or wine or beer permittee.
[Amended 3-23-2023 by Ord. No. 23-02]
H. 
Keep on premises covered by a liquor control license any alcoholic liquor in any container except the original package purchased from the Alcoholic Beverages Division of the State Department of Commerce and except mixed drinks or cocktails mixed on the premises for immediate consumption or as otherwise provided by this Subsection H. This prohibition does not apply to holders of a Class D liquor control license or to alcoholic liquor delivered in accordance with Iowa Code § 123.46A.
[Amended 3-23-2023 by Ord. No. 23-02]
(1) 
Mixed drinks or cocktails mixed on the premises that are not for immediate consumption may be consumed on the licensed premises, subject to the requirements of this subsection pursuant to rules adopted by the Alcoholic Beverages Division. The rules shall provide that the mixed drinks or cocktails be stored, for no longer than 72 hours, in a labeled container in a quantity that does not exceed three gallons. The rules shall also provide that added flavors and other nonbeverage ingredients included in the mixed drinks or cocktails shall not include hallucinogenic substances or added caffeine or other added stimulants, including but not limited to guarana, ginseng and taurine. The rules shall also require that the licensee keep records as to when the contents in a particular container were mixed and the recipe used for that mixture. In addition, mixed drinks or cocktails mixed on the premises pursuant to this subsection may be sold for consumption off the licensed premises as provided in and subject to the requirements of Subsection H(2).
(2) 
Mixed drinks or cocktails mixed on premises covered by a Class C liquor control license or a Class C native distilled spirits liquor control license for consumption off the licensed premises may be sold if the mixed drink or cocktail is immediately filled in a sealed container and is promptly taken from the licensed premises prior to consumption of the mixed drink or cocktail. A mixed drink or cocktail that is sold in a sealed container in compliance with the requirements of this subsection and rules adopted by the Alcoholic Beverages Division shall not be deemed an open container subject to the requirements of Iowa Code §§ 321.284 and 321.284A if the sealed container is unopened and the seal has not been tampered with, and the contents of the container have not been partially removed. For purposes of this subsection:
(a) 
"Sealed container" means a vessel, including a substantial or sturdy plastic container and a vacuum- or heat-sealed pouch, containing a mixed drink or cocktail that is designed to prevent consumption without removal of a tamper-evident lid, cap or seal. "Sealed container" does not include a container with a sipping hole or other opening for a straw, unless the hole or other opening includes a tamper-evident seal, but a straw may be separately provided with a sealed container to the consumer for off-premises consumption.
(b) 
"Tamper-evident" means a lid, cap or seal that visibly demonstrates when a container has been opened.
I. 
Reuse for packaging alcoholic liquor or wine any container or receptacle used originally for packaging alcoholic liquor or wine; or adulterate, by the addition of any substance, the contents or remaining contents of an original package of an alcoholic liquor or wine; or knowingly possess any original package which has been reused or adulterated.
J. 
Allow any person other than the licensee, permittee or employees of the licensee or permittee to use or keep on the licensed premises any alcoholic liquor in any bottle or other container which is designed for the transporting of such beverages, except as allowed by state law. This subsection does not apply to the lodging quarters of a Class B liquor control licensee or wine or beer permittee, or to holders of a Class D liquor control license.
[Amended 3-23-2023 by Ord. No. 23-02]
K. 
Permit or allow any person under legal age as set by state law to enter or remain in the place of business of any permit holder or license holder in which the selling of beer, wine and/or alcoholic liquor constitutes more than 50% of the annual gross business transacted therein after 7:00 p.m. on any day of the week, unless actually engaged in a trade, occupation or business other than the serving of alcoholic liquor or beer, which requires said person's presence within or upon said premises and the person is at least 18 years of age.
L. 
Sell, give or otherwise supply any alcoholic beverage, wine or beer to any person, knowing or failing to exercise reasonable care to ascertain whether the person is under legal age, or permit any person, knowing or failing to exercise reasonable care to ascertain whether the person is under legal age, to consume any alcoholic beverage, wine or beer.
M. 
Sell, give, possess or otherwise supply a machine which is used to vaporize an alcoholic beverage for the purpose of being consumed in a vaporized form.
The location of a building wherein there is sale of alcoholic liquor, wine or beer shall be in a properly zoned district under Chapter 340, Zoning, of the Code of Ordinances, except for the following:
A. 
With regard to permits and licenses for consumption on premises:
(1) 
Parties that make application and are approved for a five-day special events liquor license; or
(2) 
Parties that complete a special events application and have an approved hold-harmless agreement with the City may engage a caterer with a valid liquor license with catering privilege to sell alcohol at said special event.
B. 
With regard to all permits and licenses, including retail locations:
(1) 
A place of business of any permit holder or license holder in which the selling of beer, wine and/or alcoholic liquor constitutes more than 50% of the annual gross business shall not be located within 200 feet of a building primarily used as a school, except:
[Amended 3-23-2023 by Ord. No. 23-02]
(a) 
Permits or licenses in effect as of January 17, 2019, or renewals thereof;
(b) 
Permits or licenses in effect prior to the establishment or relocation of the school within the 200-foot limitation;
(c) 
Businesses located within the U-1 Uptown 1 Zoning District.