130.03 INVESTIGATION.

Upon receipt of an application for a retail alcohol license, the Clerk may forward it to the Police Chief, or designee, who shall then conduct an investigation and submit a written report as to the truth of the facts averred in the application. The Fire Chief, or designee, may also inspect the premises to determine if they conform to the requirements of the City. The Council shall not approve an application for a license for any premises that does not conform to the applicable law and ordinances, resolutions, and regulations of the City.

(Code of Iowa, Sec. 123.30)

(Ord. 2129 - Jan. 23 Supp.)

130.04 ACTION BY COUNCIL.

The Council shall either approve or disapprove the issuance of a retail alcohol license, shall endorse its approval or disapproval on the application, and shall forward the application with the necessary fee and bond, if required, to the Alcoholic Beverages Division.

(Code of Iowa, Sec. 123.32[2])

(Ord. 2129 - Jan. 23 Supp.)

130.05 WAIVER OF CERTAIN CITY REGULATIONS.

Notwithstanding the provisions of this chapter, the Council may waive certain conditions relating to zoning regulations, health and fire regulations, and other related ordinances and resolutions of the City for businesses or groups listed below that secure a Class B beer permit or Special Event License as issued by the Alcoholic Beverages Division. The waiver of these regulations may be granted upon showing that the applicant is a bona fide civic group, service club, or merchants group, and that such waiver is being requested for use at a carnival, bazaar, centennial, or celebration that has been authorized by the Council. The waiver shall be in effect only during the period of time that the carnival, bazaar, centennial, or other celebration is being held.

(Ord. 1643 - Jul. 09 Supp.)

130.06 PROHIBITED SALES AND ACTS.

A person holding a retail alcohol license and the person's agents or employees shall not do any of the following:

1.   Sell, dispense, or give to an intoxicated person, or one simulating intoxication, any alcoholic beverage.

(Code of Iowa, Sec. 123.49[1])

2.   Sell or dispense any alcoholic beverage on the premises covered by the license, or permit its consumption thereon between the hours of 2:00 a.m. and 6:00 a.m. on any day of the week.

(Code of Iowa, Sec. 123.49[2b])

3.   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, to sales by a hotel or motel to bona fide registered guests or to retail sales by the managing entity of a convention center, civic center, or events center.

(Code of Iowa, Sec. 123.49[2c])

4.   Employ a person under 18 years of age in the sale or serving of alcoholic beverages for consumption on the premises where sold.

(Code of Iowa, Sec. 123.49[2f])

5.   In the case of a retail wine or beer permittee, knowingly allow the mixing or adding of alcohol or any alcoholic beverage to wine, beer, or any other beverage in or about the permittee’s place of business.

(Code of Iowa, Sec. 123.49[2i])

6.   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.

(Code of Iowa, Sec. 123.49[2a])

7.   Knowingly permit or engage in any criminal activity on the premises covered by the license.

(Code of Iowa, Sec. 123.49[2j])

8.   Keep on premises covered by a retail alcohol 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. However, mixed drinks or cocktails that are mixed on the premises and are not for immediate consumption may be consumed on the licensed premises, subject to rules adopted by the Alcoholic Beverages Division.

(Code of Iowa, Sec. 123.49[2d])

9.   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.

(Code of Iowa, Sec. 123.49[2e])

10.   Allow any person other than the licensee or employees of the licensee to use or keep on the licensed premises any alcoholic liquor in any bottle or other container that is designed for the transporting of such beverages, except as allowed by State law.

(Code of Iowa, Sec. 123.49[2g])

11.   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.

(Code of Iowa, Sec. 123.49[21])

12.   Permit or allow any person under twenty-one (21) years of age to remain upon premises after 11 PM when such premises are licensed for consumption by the drink unless over fifty percent (50%) of the dollar volume of the business establishment comes from the sale and serving of prepared foods.

13.   Sell, offer to sell, dispense, or serve for on-premises consumption an unlimited number of servings of alcoholic liquor, wine or beer for a fixed price. Nothing in this subsection shall be construed to prohibit a holder of a liquor control license or wine or beer permit, or its employees or agents, from (a) including servings or drinks of alcoholic liquor, wine or beer as part of a hotel or motel package which includes overnight accommodations, (b) providing a fixed price for an unlimited or indefinite amount of drinks for a private event, which is defined as an event restricted to a particular group or persons, provided that the licensee or permittee shall provide means or method by which to identify persons participating in the private event, such as the use of a separate room or an identification tag or badge, or (c) as otherwise permitted for a special event by the City Council (provided, however, that no permit holder shall be allowed to hold such a special event more than twice per year).

(Ord. 2129 - Jan. 23 Supp.)

130.07 OUTDOOR SEATING AREAS.

1.   With the exception of properties located within Entertainment Districts as defined and regulated in Chapter 143 of the Ankeny Municipal Code, the premises for which a beer permit or liquor control license is sought shall require a special use permit for an outdoor service area as described in paragraph 196.02(1)(I) if it is less than five hundred (500) feet from a residential zoning district. This requirement may be waived by the City Council upon showing that the applicant for such license conforms to the requirements of Section 130.05 of this chapter.

2.   The outdoor seating area shall be delineated by a barrier that is a minimum of thirty-six (36) inches in height and discourages the free movement of people between the outdoor service area and non- licensed areas and shall conform to all physical requirements of the State Code of Iowa as well as all Building Code requirements of the City of Ankeny.

3.   Emergency exits, sized and spaced in accordance with the Building Code, must be provided with a clear and unobstructed access to the public way.

4.   The site shall meet the parking requirements listed in Section 194.01 of this Code of Ordinances.

(Ord. 2100 - Apr. 22 Supp.)