[Chapter 5:10 was repealed and replaced 5-10-2023 by Ord. No. 2023-211. Prior history includes Ord. 2017-26 § 5; Ord. 2015-193; Ord. 2015-117; Ord. 2015-82; Ord. 2013-329 § 1 (part); Ord. 2012-332 (part); Ord. 2011-541; Ord. 2011-441 § 2; Ord. 2011-381; Ord. 2011-361; Ord. 2009-395 § 1; Ord. 2008-369 § 1; Ord. 2008-294; Ord. 2008-247; Ord. 2005-212; Ord. 2005-180; Ord. 2005-147; Ord. 2004-575; Ord. 2003-461; Ord. 2000-304 § 3; Ord. 2000-04; Ord. 95-438; Ord. 98-127 § 1; Ord.
98-110; Ord. 91-256; Ord. 89-186 §§ 1,
2; Ord. 85-647 § 1; Ord. 81-886; Ord. 79-1203 § 2; Ord. 79-1049; Ord. 79-943Ord.
78-612; Ord. 75-319; § 1; prior code § 7-1 through § 7-30.]
[Added 5-10-2023 by Ord.
No. 2023-211]
The purpose of this chapter is to provide administration of
local regulations and procedures for the sale and consumption of beer,
wine, and liquor, to protect the safety, morals, and general welfare
of this community.
[Added 5-10-2023 by Ord.
No. 2023-211]
Where words and phrases used in this chapter are defined by
state law, such definitions shall apply to their use in this chapter
and are adopted by reference. Those definitions so adopted that need
further definition or are reiterated, and other words and phrases
used in this chapter, shall have the following meanings:
A.
CARRY-OUT LIQUOR SALES ESTABLISHMENT — A retail establishment
other than a grocery store or pharmacy for which a class "E" retail
alcohol license has been issued that allows the sale of alcohol or
alcoholic beverages in closed containers for off-premises consumption.
B.
CLUB — A 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.
C.
COMMERCIAL ESTABLISHMENT — A place of business that is equipped
with sufficient tables and seats to accommodate 25 persons at all
times, and the licensed premises of which conform to the ordinances
of this city.
D.
CONVENIENCE STORE — A retail establishment of less than 4,500
square feet with less product selection than a grocery store, generally
accessible hours, and often located alongside busy roads. A convenience
store may take the form of a retail store that has added gas to the
list of goods it has to offer.
E.
GROCERY STORE, SUPERMARKET, OR NEIGHBORHOOD MARKET — A retail
establishment of at least 4,500 square feet that offers the sale of
a wide variety of goods including, but not limited to, food products,
pharmaceuticals, hygienic products, and other household products that
are regularly used in the home by consumers. Consumers often place
items in a shopping cart or basket. The principal business thereof
shall consist of the sale of food and food products for consumption
off the premises. To meet this standard, the sale of all other items,
commodities, and materials shall be included with the volume of the
sale of beer, wine, and liquor and shall not be equal to or exceed
50% of the total dollar volume of all sales made by the establishment.
F.
HOTEL OR MOTEL — A premises licensed by the state department
of inspections and appeals and regularly or seasonally kept open in
a bona fide manner with 20 or more sleeping rooms for the lodging
of transient guests, but does not include a facility licensed as a
bed-and-breakfast.
G.
LEGAL AGE — 21 years of age or more.
H.
LICENSED PREMISES — All rooms, enclosures, contiguous areas,
or places where alcoholic liquor, wine, or beer are sold or consumed
under the authority of a retail alcohol license. A single premise
may consist of multiple rooms, enclosures, areas, or places if they
are within the confines of a single building or contiguous grounds.
I.
PERSON OF GOOD MORAL CHARACTER — A person who meets all of
the following requirements:
1.
Has such financial standing and good reputation as will satisfy the
City Council and the Iowa Alcoholic Beverages Division that the person
will comply with the Iowa Alcoholic Beverage Control Act and all other
applicable laws, ordinances, and applicable regulations.
2.
Demonstrates financial responsibility. The city may consider factors
including but not limited to the amount of financial support and operating
funds and prompt payment of municipal utilities, services, licensing
fees, and any administrative penalties.
3.
Is not prohibited from obtaining a retail alcohol license by the
provisions of this chapter.
4.
Is a citizen of the United States and is a resident of Iowa or is
incorporated to do business in the state. The corporation must be
registered and in good standing with the Iowa Secretary of State's
office.
5.
Has not been convicted of a felony. However, it may be determined
that the person is of good moral character if the felony conviction
occurred more than five years before the application for a license
and if the Governor has restored the person's citizenship rights.
J.
PHARMACY — A drugstore in which drugs and medicines are exposed
for sale and sold at retail or in which prescriptions of licensed
physicians, surgeons, dentists, or veterinarians are compounded and
sold by a registered pharmacist.
K.
PRIVATE PLACE — A location which, at the time alcoholic beverages
are kept, dispensed, or consumed, meets the following criteria:
1.
The general public cannot access the location and attendees are limited
to bona fide social hosts and invited guests.
2.
The location is commercial.
3.
Goods or services are neither sold nor purchased at the location.
4.
The location is not a licensed premise.
5.
Fees, fares, tickets, donations, or charges are not made or required
of the guests to enter the location.
L.
PUBLIC PLACE — A place, building, or conveyance to which the
public has or is permitted access.
M.
PUBLIC OR PRIVATE ELEMENTARY OR SECONDARY SCHOOL — Schools
approved or accredited under the state's department of education
standards.
N.
RESTAURANT — A retail establishment where the principal business
sells food products for consumption on the premises. The volume of
alcoholic beverages, tobacco sales, and nonfood product sales shall
not be equal to or exceed 50% of the total dollar volume of sales
made by the establishment.
[Added 5-10-2023 by Ord.
No. 2023-211]
A person of legal age and good moral character may apply for
a retail alcohol license upon meeting the requirements defined by
state law and this chapter. Eligibility requirements shall apply to
each officer, director, partner, or person who directly or indirectly
owns, controls, or has an interest of 10% or more in the ownership,
profits, or any class of stock.
[Added 5-10-2023 by Ord.
No. 2023-211]
As a condition for City Council approval, a retail alcohol license
applicant must give written consent on the application that fire,
police, building, and health department members may enter the premises
during business hours and without a warrant to inspect for violations
of state law and this chapter. Specific conditions for approval are
as follows:
A.
A retail alcohol license shall not be approved for premises that
do not conform to all applicable laws, ordinances, resolutions, and
health and fire regulations.
B.
No licensee shall have or maintain any interior access to residential
or sleeping quarters unless permission is granted in the form of a
living quarters permit.
C.
A premises in which an on-premises retail alcohol license is held
shall have sufficient tables and seats to accommodate twenty-five
persons at one time.
D.
Any premises for which a class "C" or "E" retail alcohol license
is issued shall have a clear and unobstructed view into the premises
through the entryway and any exterior windows from adjacent sidewalks,
parking areas, streets, or other public areas at all times. Signage
and merchandise displays shall be restricted in entryways and windows
inside and outside the building to prevent obscured sight lines into
the interior of the building. Window signage shall be located within
seven feet above the interior floor level; exterior merchandise displays,
supplies, and equipment shall not exceed the height of the cash register
counter or exceed the height of the interior display racks or shelving,
the top of which should be visible over the exterior display, supplies
or equipment; interior merchandise displays shall not be located between
the cash register counter area and the window facing the parking area.
[Added 5-10-2023 by Ord.
No. 2023-211]
Liquor control licenses shall be classified as follows:
A.
A class "B" retail alcohol license (LG) allows for the sale of beer
and wine for off-premises consumption. Sales by the drink are not
permitted. Allows wholesale sales to on-premises class "C", Special
"C", "D", and "F" retail alcohol licensees but must have a TTB Federal
Wholesale Basic Permit.
B.
A special class "B" retail native wine license (WBN) allows for the
sale of Iowa native wine for off-premises consumption. Sales by the
drink are not permitted.
C.
A class "C" retail alcohol license (LC) allows the sale of alcoholic
liquor, wine, and beer by the drink for on-premises consumption and
carry-out sales of liquor, wine, beer, and mixed drinks or cocktails.
The license must be issued in the name of the individuals who own
the entire business. A special class "C" retail alcohol license (BW)
allows the sale of wine and beer for on-premises consumption and carry-out
sales of wine and beer. The license issued to holders of a special
class "C" license shall clearly state on its face that the license
is limited.
D.
A class "D" retail alcohol license (LD) allows a railway corporation,
an air common carrier, and passenger-carrying boats or ships for hire
with a capacity of 25 persons or more operating in inland or boundary
waters to sell alcoholic liquor, wine, or beer to passengers for on-premises
consumption. Only one license is required for all trains, watercraft,
or aircraft operated in the state by the licensee.
E.
A class "E" retail alcohol license (LE) allows the sale of alcoholic
liquor, wine, and beer for off-premises consumption. Sales by the
drink are not permitted.
F.
A class "F" retail alcohol license (LF) allows non-profit clubs to
sell alcoholic liquor, wine, and beer to bona fide club members and
their guests only for on-premises consumption.
[Added 5-10-2023 by Ord.
No. 2023-211]
Upon receipt by the Revenue Division, an application will be
reviewed by the Building, Zoning, Police, and Fire departments to
determine eligibility based on the truth of facts provided in the
application and compliance with city codes. The Police Department
will investigate the record of calls for service at the premises and
the criminal history of the applicant, owners, and officers. It is
the duty of the Fire Department to inspect the premises for any safety
concerns or fire hazards. Recommendations are provided by the reviewing
departments to the Revenue Division upon completion.
Fees necessary to obtain a retail alcohol license shall be determined
by state law and will be collected by the Iowa Alcoholic Beverages
Division during the submission of the retail alcohol license application.
[Added 5-10-2023 by Ord.
No. 2023-211]
The distance limitation provisions of this section shall not
apply to a renewal of an existing license, an application for temporary
five-day licenses, nor shall they be used to an application for a
new license at a location that held a valid license within six months
before the filing of the latest application.
The provisions in subsections A and B shall not apply if a business
meets the requirements of a grocery store, supermarket, neighborhood
market, pharmacy, club, restaurant, or hotel or motel that offer restaurant
services, as defined in Chapter 5.10. The city may require a holder
of a class "B", "C", or "E" retail alcohol license to furnish a copy
of the business's state income tax form, a verified statement,
or an affidavit by the business's certified public accountant
or chief financial officer showing the total dollar volume of sales
and a breakdown of the applicable sales volume for alcoholic beverages,
tobacco sales, nonfood products, and food items as separate line items
for the six months immediately preceding the application or renewal.
Failure to meet these requirements at the end of the first year disqualifies
the business from continuing to hold a retail alcohol license at the
location for which the special use permit was granted.
A.
No carry-out liquor sales establishment, as defined in Chapter 5.10,
shall be located within 1/4 mile of another existing carry-out liquor
sales establishment in the area within and adjacent to Downtown Davenport,
hereby defined as the area enclosed by the following: Beginning at
the intersection of South Marquette Street and the seawall of the
Mississippi River, north along the center line of Marquette Street
to the center line of West 6th Street, east along the center line
of 6th Street to the center line of Iowa Street, south along the center
line of Iowa Street to the center line of Federal Street, east and
southeast along the center line of Federal Street and as extended
to the seawall of the Mississippi River, and west along said seawall
to the point of beginning. Any carry-out liquor sales establishment
established prior to the effective date of this paragraph (adopted
October 9, 2013, by Ordinance 2013-329) that is nonconforming with
regard to the separation requirement between said uses, as specified
in this title, may continue unless one or both of these conditions
occur, then nonconforming rights cease and the use must convert to
a conforming use:
B.
Class "A", class "B" "C", or class "E" retail alcohol license applications
shall not be approved if the property upon which such licensed activity
will occur is located within 600 feet, including public rights-of-way,
of a state-registered child development home, state-licensed child-care
center, or public or private elementary or secondary school. However,
an application within 600 feet, but not immediately abutting, a state-registered
child development home or state-licensed child-care center may be
approved if the City Council, upon a hearing, grants a waiver to this
rule. The City Council may grant the waiver if it determines the following
exists:
1.
The affected child development home or care center consents to the
granting of the waiver; or
2.
Sufficient buffering exists to mitigate the visual, sound, and foot
traffic likely to be generated by the applicant, similar to or greater
than an arterial roadway or at least 100 feet of natural buffering
such as woods, ravines, waterways, or wetlands.
C.
A straight line shall be used to measure the distance requirements
in this section between the closest point on the parcel to be licensed
to the nearest point on the parcel or parcels of real estate occupied
by a state-registered child development home, state-licensed child-care
center, public or private elementary or secondary school, licensed
establishment, or parcel zoned for residential use, as the case may
be.
D.
An application for an outdoor service area that is located within
600 feet of a state-registered child development home, state-licensed
child-care center, or public or private elementary or secondary school
shall not be granted unless the outdoor service area is enclosed within
a visual barrier, screening or privacy fencing, which shall be at
least six feet in height on all sides of the service area that are
visible from the state-registered child development home, state-licensed
child-care center, or school, and of a sufficient construction to
prevent the viewing of activities within the outdoor service area
from the state-registered child development home, state-licensed child-care
center, or school.
[Added 5-10-2023 by Ord.
No. 2023-211]
Holders of a class "E" retail alcohol license must follow the
additional requirements in this section in addition to all other existing
city ordinances, rules and regulations.
Licensees affiliated with or under the management and supervision
of a grocery store, the grocery store's employee headcount, and
the display area may be used when determining compliance with this
section, even when there is physical separation between the licensed
premises and the grocery store.
A.
The licensed premise must have more than one employee on duty at
all times while the store is open unless an electronic security cap
or tag system is employed or all liquor is secured in a visible location
behind a counter that is only accessible to employees.
B.
A video surveillance system with coverage following reasonable business
judgment that records in a viewable format by the police department
shall be installed and maintained. A licensee may require a subpoena
before allowing access.
C.
The licensee must implement a strict no-loitering policy and must
cooperate with police in addressing loitering on the premises.
D.
No more than 35% of the store's interior display area (measured
in cubic feet) shall be dedicated to beer, wine, or liquor.
E.
Public pay phones on the property are prohibited unless otherwise
required by state or federal law or an existing contractual obligation
as of October 1, 2011.
F.
Twenty-four-hour contact information for a manager or owner to the
police department and the owners of the immediate neighboring properties
and provide, upon request at the store by the public, the contact
information of the manager or owner.
G.
The store must be at least 1,000 square feet in size.
H.
For newly licensed premises a notice shall be sent by the City to
all property owners within 200 feet of the proposed location informing
them of the pending application and the approval process. A "new"
licensed premises is any location that has not had a current carry-out
only liquor license for a period of six months.
[Added 5-10-2023 by Ord.
No. 2023-211]
The business must satisfy the following criteria, in addition
to all other existing city ordinances, rules and regulations, including,
but not limited to, those concerning noise, lights, and nuisance behavior
and conditions.
A.
The business is sufficiently separated from any adjoining residential
area by distance, landscaping, walls, or structures to prevent any
noise, vibration, or light generated by the business from significantly
impacting the adjoining residential uses.
B.
The business will not increase congestion on the streets in any adjoining
residential area by its customers or employees frequently parking
in front of the residences of others. Business locations in operation
before 1965 are exempt from this requirement.
C.
Any parking area provided for business customers' use shall
be illuminated at an intensity of at least one lumen of light on the
parking surface. Parking lot lighting shall be limited to downcast
luminaires. Parking lot lighting shall be directed away from nearby
residential properties and city streets.
D.
Attractive litter and trash receptacles shall be located at convenient
locations inside and outside the premises, and operators of such businesses
shall remove all trash and debris from the premises and adjoining
public areas daily.
E.
Every person holding a retail alcohol license 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.
F.
No business holding a retail alcohol license shall sell or dispense
alcoholic beverages via a drive-through or walk-up window.
[Added 5-10-2023 by Ord.
No. 2023-211]
Action taken by the City Council shall be so endorsed on the
application and thereafter shall be forwarded to the division for
further action as is provided by law.
An outdoor service area privilege that the City Council has
yet to issue a letter of approval shall not be resubmitted to the
City Council for consideration less than six months from the date
of the City Council's decision not to issue a letter of approval.
This prohibition does not apply to an applicant requesting a temporary
outdoor service area privilege.
[Added 5-10-2023 by Ord.
No. 2023-211]
Retail alcohol licenses shall expire one year, eight months,
fourteen days, or five days from the date it was issued unless sooner
suspended or revoked. A license issued for one year must submit a
renewal application annually. Upon submission of the online renewal
application, the city requires additional documentation except when
the licensee is enrolled in the automatic renewal program. If the
applicant fails to submit all required documents for a renewal within
seventy days after the expiration of the license, city staff may administratively
submit a denial to Iowa Alcoholic Beverages Division without being
presented to the City Council.
[Added 5-10-2023 by Ord.
No. 2023-211]
A.
A retail alcohol license is a personal privilege revocable for cause.
It is not property, nor is it subject to attachment and execution
neither alienable nor assignable, and it shall cease upon the licensee's
death. However, at the discretion of the Iowa Alcoholic Beverages
Division, the executor or administrator of the estate of the licensee
may be permitted to operate the decedent's business for a reasonable
time, not to exceed the license's expiration date. Every license
shall be issued in the name of the applicant, and no person holding
a license shall allow any other person to use it.
B.
Any licensee, executor, administrator, or any person duly appointed
by the court to take charge of and administer the property or assets
of the licensee for the benefit of his creditors, may voluntarily
surrender such license to the division. The city shall be notified
when the license is surrendered and shall refund the license a proportionate
amount of the fee paid for such license to the person surrendering
the license as follows:
1.
If surrendered during the first three months of the period for which
said license was issued, the refund shall be three-fourths of the
amount of the fee;
2.
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;
3.
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;
4.
A refund shall not be made for a retail alcohol license surrendered
more than nine months after issuance;
5.
A refund shall not be made for seasonal, fourteen-day, or five-day
licenses;
6.
No refund shall be made to any licensee upon the surrender of his
license if there is a complaint filed with the division or the city
charging him with a violation of this chapter or provisions of the
state alcoholic beverages control act;
7.
If the license is not revoked or suspended upon hearing, the licensee
shall be eligible to receive a refund as provided in this section
upon surrendering of the license. If the license is revoked or suspended
upon hearing, then the licensee shall not be eligible for the refund
of any portion of license fee.
[Added 5-10-2023 by Ord.
No. 2023-211]
City Council may authorize a licensee to transfer a license
from one location to another within the city, provided the transfer
is not a violation of any law or ordinance and the premises having
the license transferred is eligible for a license.
[Added 5-10-2023 by Ord.
No. 2023-211]
A person or club holding a retail alcohol license or 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 liquor or beer.
B.
Sell or dispense any alcoholic liquor, wine or beer on the premises
covered by the license or permit the consumption thereof between the
hours of 2:00 a.m. and 6:00 a.m. on any day.
C.
Sell alcoholic liquor, wine, or beer to any person on credit, except
with a bona fide credit card. This provision shall not apply to the
sales by a club to its members nor sales by a hotel or motel to bona
fide registered guests.
D.
Employ any person under 18 years of age in the sale or serving of
alcoholic beverages for consumption on the premises where sold.
E.
Sell, give, or otherwise supply any alcoholic beverage, wine, or
beer to any person under legal age or permit anyone under the legal
age to consume any alcoholic beverage, wine, or beer;
F.
Knowingly allow the mixing or adding of alcohol or any alcoholic
beverage to beer, wine, or any other beverage in or about the licensee's
place of business.
G.
Keep, or allow to be kept, gambling devices of any kind or description
on the premises or knowingly permit solicitation for immoral purposes
or disorderly conduct on the premises covered by the license, except
games of chance permitted by state law.
H.
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 so reused or adulterated.
I.
Knowingly permit or engage in any criminal activity on the premises
covered by the license.
[Added 5-10-2023 by Ord.
No. 2023-211]
A.
No signs or other matter advertising any brand of alcoholic liquor,
wine, or beer shall be erected or placed upon the outside of any premises
occupied by a licensee authorized to sell liquor, wine or beer at
retail.
B.
No signs or other matter advertising any brand of alcoholic liquor,
wine or beer shall be erected, placed or posted upon the inside of
any premises occupied by a licensee authorized to sell liquor, wine
or beer that is located within 300 feet of any licensed day care center
or public or private elementary or secondary school such that the
sign or other matter advertising liquor, wine or beer is visible from
the day care or school.
[Added 5-10-2023 by Ord.
No. 2023-211]
A retail alcohol license may be suspended for a period up to
one year, or revoked, for violations of law including city ordinances,
following notice in writing and hearing, and shall be revoked in accordance
with the provisions of state law for any of the following causes:
A.
Misrepresentation of any material fact in the application for such
license;
B.
Violation of any of the provisions of the state alcoholic beverage
control act;
C.
Any change in the ownership or interest in the business operated
under a retail alcohol license not previously reported to and approved
by the city and the division;
D.
An event which would have resulted in disqualification from receiving
such license when originally issued;
E.
Any sale, hypothecation, or transfer of such license;
F.
The failure or refusal on the part of any licensee to render any
report or remit any taxes to the division under the state act.
[Added 5-10-2023 by Ord.
No. 2023-211]
Hearing on suspension of liquor licenses shall be before the City Council. The hearing shall be held at the City Hall and shall be presided over by the Mayor or Mayor pro tempore. At such hearing a quorum of the Council and the Mayor or Mayor pro tempore shall be present. The licensee may be, but is not required to be, present. The licensee may be represented by an attorney of the licensee choice, which is privately retained. At such hearing, the city shall be represented by counsel from the legal department who shall present the evidence for the city. The licensee and the city may present witnesses and other relevant testimony and shall have the right to cross examine opposing witnesses, to challenge all non-witness testimony, and to make appropriate final arguments. The hearing may be adjourned for cause for not more than seven days. Decisions shall be on the record with a record vote taken. If at the hearing the facts establish one or more of the causes set out in Section 5.10.230, then the Council, as hereinabove provided, shall suspend the license for such period of time as provided in Section 5.10.310C.
[Added 5-10-2023 by Ord.
No. 2023-211]
The licensee shall be served with a notice of time and place
of hearing on the suspension of a retail alcohol license in the manner
of serving original notices under the Iowa Rules of Civil Procedure,
as amended. Publication of such notice shall not be permitted.
The right of appeal to the hearing board shall be afforded a
licensee whose license has been suspended or revoked. Any applicant
who feels aggrieved by a decision disapproving, suspending, or revoking
issuance of a retail alcohol license may, provided the licensee has
exercised the right of appeal to the hearing board as provided by
a state law, appeal from said decision within 10 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 10 days to the district court of the county wherein the premises
covered by the application are situated.
[Added 5-10-2023 by Ord.
No. 2023-211]
The effect of revocation is specified in Iowa Code Chapter 123.
[Added 5-10-2023 by Ord.
No. 2023-211]
A retail alcohol license may be suspended pursuant to Section 5.10.310C. If the licensee, or an employee thereof, is convicted of a first offense violation of Section 5.10.210E, the City Council shall impose a civil penalty in the amount of $500 in lieu of the suspension of the license. The civil penalty shall be retained by the city. The licensee may appeal the imposition of the penalty to the administrator of the Alcoholic Beverages Division of the State of Iowa.
[Added 5-10-2023 by Ord.
No. 2023-211]
A.
It is unlawful for any person to use or consume alcoholic liquors,
wine or beer upon the public streets or highways, unless otherwise
provided by this section. A person shall not use or consume alcoholic
liquor in any public place except premises covered by a retail alcohol
license and no person shall be intoxicated or simulate intoxication
in any public place.
B.
It is unlawful for any person to consume or otherwise possess alcoholic liquors, wine or beer within any park as defined in Section 12.72.020C, unless otherwise provided by this section. Any person violating this subsection may be ejected from the park area by a park and recreation officer or by any police officer, and may be proceeded against under subsection F of this section.
C.
Beer may be possessed and consumed within a park area by any person
or group which has been issued a valid beer consumption permit for
that area by the director of parks and recreation. Said permit shall
state the person or group to whom issued, the park area to which it
applies, and the date and hours during which it is effective.
D.
The director of parks and recreation may issue a beer consumption
permit when the applicant for said permit has:
1.
Identified the park area to be used, the use to which the area will
be put, the times at which the area will be used, and the person or
group to whom the permit is to be issued; and
2.
Deposited with the park and recreation department a sum of not less
than $50 nor more than $250, contingent upon the size of the group,
to cover any expenses incurred by the department for cleanup of the
park area after the applicant's use thereof. Any amount not needed
to cover clean-up expenses shall be refunded to the applicant within
three days after the applicant's use of the park.
E.
Notwithstanding the provisions of subsections A through D above,
the director of parks and recreation shall provide by rule for the
consumption of beer upon the public golf courses, and shall have the
authority to provide by rule for the sale of beer upon the public
golf courses.
F.
Any person violating any provisions of this section may be fined
not to exceed $100 or sentenced not to exceed 30 days imprisonment.
[Added 5-10-2023 by Ord.
No. 2023-211]
A driver of a motor vehicle or a passenger in a motor vehicle
operated upon a public street or highway shall not possess in the
passenger area of the motor vehicle an open or unsealed bottle, can,
jar, or other receptacles containing an alcoholic beverage. "Passenger
area" means the area designed to seat the driver and passengers while
the motor vehicle is in operation and any area of the motor vehicle
that is readily accessible to the driver or a passenger while in their
seating positions, including but not limited to the glove compartment.
An open or unsealed receptacle containing an alcoholic beverage
may be transported in the trunk of the motor vehicle provided it is
not readily accessible to the driver or a passenger. "Readily accessible"
means available to the driver or a passenger without the driver or
passenger having to move from their seated position. An unsealed receptacle
containing an alcoholic beverage maybe transported behind the last
upright seat of a motor vehicle if the motor vehicle does not have
a trunk provided it is not readily accessible to the driver or a passenger.
This section shall not be interpreted to prohibit a passenger being
transported in a motor vehicle that is licensed and used as vehicle
for hire, or a passenger being transported in the living quarters
of a motor home from possessing an open or unsealed receptacle in
the passenger area of the vehicle for hire or the living area of the
motor home.
[Added 5-10-2023 by Ord.
No. 2023-211]
A.
A person or persons under legal age shall not purchase or attempt
to purchase, or individually or jointly have in their possession or
control alcoholic liquor, wine or beer. For purposes of this section,
joint possession or control of alcoholic liquor, wine or beer is defined
as any alcoholic liquor, wine or beer that is available to a person
without the person having to move from their position.
B.
Subsection A shall not prohibit the giving or dispensing of liquor,
wine or beer to a person under legal age within a private home and
with the knowledge, presence of, and consent of the parent or guardian.
C.
Subsection A shall not prohibit a person under the legal age from
handling alcoholic beverages, wine, and beer during the regular course
of the person's employment by a retail alcohol licensee under
state law.
[Added 5-10-2023 by Ord.
No. 2023-211]
A.
It is unlawful for any person under legal age to enter, remain in
or frequent an establishment holding an on-premises retail alcohol
license in which the sale of alcoholic liquor or beer constitutes
more than 50% of the gross receipts from the licensed premises, unless
accompanied by a parent or legal guardian of such person. Any person,
firm or corporation claiming that the sale of alcoholic liquor or
beer constitutes 50% or less of the gross receipts from such establishment
shall be required to prove the same for purposes of enforcement of
this section. Although an establishment qualifies under the above
50% rule, no person under the legal age shall remain on the premises
30 minutes after the kitchen facilities have closed.
B.
It is unlawful for any person operating an establishment holding
an on-premises retail alcohol license to allow any person under legal
age to remain in the establishment in violation of subsections A and
C of this section.
C.
The provisions of this section shall not apply to any person under
legal age who:
1.
Is a regular employee performing regular duties during the course
of employment; provided, however, such person shall not be allowed
to sell or serve alcoholic liquor or beer for consumption on the premises
where sold;
2.
Enters and remains in for a period not to exceed 10 minutes an establishment
holding an on-premises retail alcohol license for the sole purpose
of purchasing beverages other than alcoholic liquor or beer, or purchasing
food stuffs, neither of which shall be consumed on the premises; provided,
that no person shall be exempt under the provisions of this subsection
who consumes any such beverage or food stuffs on the premises or remains
therein longer than for a period of 10 minutes.
3.
Enters and/or remains in an establishment holding an on-premises
retail alcohol license on a night that has been established by the
business owner or manager as a night reserved for persons under the
legal age, provided that the business owner or manager has notified
the City Clerk and police department in writing that said night or
nights are reserved for customers age 20 and under, and provided that
no beer, wine, or liquor will be served or sold by the licensee on
said "reserved night or nights." Written notification shall be provided
to the city at least two weeks prior to the establishment of a reserved
night. For purposes of this subsection, the "reserved night" shall
be deemed to begin at 2:01 a.m. on the day so reserved and shall end
at 2:00 a.m. the next day.
4.
Is in a licensed premises where the sale of alcoholic beverages is
incidental to the primary purpose of the establishment as a live entertainment
venue or reception/banquet facility and where the licensee has received
a letter of exemption based on a written plan to prevent those who
are nineteen and twenty years of age from obtaining alcoholic beverages
from licensed premises or patrons thereof. "Live entertainment" does
not include disc jockeys, mere playing of recorded music, light shows
or displays, or social dancing. A letter of exemption does not permit
persons under the age of 19 to enter, remain or frequent an establishment.
A letter of exemption may be obtained by submitting a written plan
and a $50 processing fee to detail specific measures to be employed
by the licensed premises to prevent those who are nineteen and twenty
years of age from obtaining alcoholic beverages from licensed premises
or patrons thereof. The plan should be submitted to the Council for
approval. The plan may include a system by which persons under the
age of 21 are readily distinguishable from persons who are not (e.g.
wrist bands) and shall include safeguards to minimize subversion of
the system. The Council shall determine by clear and convincing evidence
that the plan will effectively prevent persons under the legal age
from obtaining alcohol. Once a letter of exemption is granted, it
shall be required of the licensee and all agents and employees thereof,
to ensure the system is operational at all times. Failure of the system
to be operational during business hours shall be deemed a violation
of this subsection by the person employed by the licensee and the
licensee. The letter of exemption shall expire and be reviewed by
the Council at the time of the renewal of the retail alcohol license.
At the time of renewal, the licensee shall submit a $100 renewal fee.
The Council may suspend or revoke a letter of exemption for two or
more violations of this subsection after notice and the opportunity
for a hearing in front of Council is afforded. A licensed premises
whose primary purpose is to sell alcoholic beverages, commonly referred
to as a bar or tavern, may apply for a 19/20 year old exemption for
an event under the terms and conditions specified above and contained
in this paragraph. The event cannot be longer than two days in duration.
A separate application must be made for each event accompanied by
a statement from a peace officer, who has been privately hired by
the licensee for the event for security purposes, that the licensee
has hired the number and type of security personnel recommended by
said officer for the event and what the level of staffing will be
by block of time. In addition to the standards set forth above, Council
may deny the letter of exemption for an event if it determines the
calls for service to the business on a per day average for the two
most recent events is greater than the average for the previous three
months.
Those who are nineteen and twenty years of age will not be allowed
to be present on the licensed premises of an establishment with a
letter of exemption after 11:00 p.m. on Sunday through Thursday night
or between the hours of 12:20 a.m. to 2:00 a.m. on Saturday and Sunday
morning.
[Added 5-10-2023 by Ord.
No. 2023-211]
A.
A violation of any provision of this chapter may be charged as a municipal infraction or as a simple misdemeanor; however, a violation of Section 5.10.210E shall constitute a simple misdemeanor offense punishable by a scheduled fine of $500 upon conviction.
B.
The conviction of any licensee for a violation of any of the provisions of subsections A to I inclusive, of Section 5.10.210 shall, subject to subsection C of this section, be grounds for the suspension or revocation of the license by the division or the city. However, if any licensee is convicted of any violation of Section 5.10.210B1, G or H license shall be revoked and shall immediately be surrendered by the holder.
C.
If any licensee, or employee of such licensee, shall be convicted of a violation of Section 5.10.210E, the city shall, in addition to the other penalties fixed for such violations by this section, assess a civil penalty as follows:
1.
Upon a first conviction, the violator's retail alcohol license shall be suspended for a period of 14 days. However, if the conviction is for a violation of Section 5.10.210E, the violator's retail alcohol license shall not be suspended, but the violator shall be assessed a civil penalty in the amount of $500 by the city. Failure to pay the civil penalty as ordered by Section 5.10.275 or this subsection shall result in an automatic suspension of the license for a period of 14 days.
2.
Upon a second conviction within a period of two years, the violator's retail alcohol license shall be suspended for a period of 30 days. However, if the conviction is for a violation of Section 5.10.210E, the licensee shall also be assessed a civil penalty in the amount of $1,500.
3.
Upon a third conviction within a period of five years, the violator's retail alcohol license be suspended for a period of 60 days. However, if the conviction is for a violation of Section 5.10.210E, the licensee shall also be assessed a civil penalty in the amount of $1,500.
4.
Upon a fourth conviction within a period of five years, the violator's
retail alcohol license shall be revoked.
[Added 5-10-2023 by Ord.
No. 2023-211]
New retail alcohol license applications may bypass action from
the City Council and be processed and endorsed administratively by
city staff if one of the following conditions exist:
1.
The premises is currently licensed under a classification that has
been eliminated and the applicant is applying for an equivalent license
without additional privileges.
2.
All reviewing departments have recommended approval and the City
Council meeting for which the application would be up for consideration
has been canceled. The application must be listed on the next City
Council meeting agenda for ratification.
