The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
AFTER HOURS BUSINESS: Any business open during any time between the hours of two o'clock (2:00) A.M. to six o'clock (6:00) A.M. any day of the week and where patrons are allowed to bring their own beer and wine onto the business premises.
BEER: Any liquid capable of being used for beverage purposes made by the fermentation of an infusion in potable water of barley, malt, and hops, with or without unmarred grains or decorticated and degerminated grains or made by the fermentation of or by distillation of the fermented products of fruit, fruit extracts, or other agricultural products, containing more than one-half of one percent (0.5%) of alcohol by volume but not more than five percent (5%) of alcohol by weight but not including mixed drinks or cocktails; or, as otherwise defined by succeeding state legislation.
BUSINESS PREMISES OR LICENSED PREMISES: All buildings and properties including parking lots owned or leased for the benefit of the operation of the after hours business.
DESIGNATED SECURITY EMPLOYEE: An agent, contract employee, independent contractor, servant, or employee of a licensee or permittee who works in a security position in any capacity at a commercial establishment licensed or permitted under this chapter.
HOTEL OR MOTEL: Premises licensed by the state department of inspections and appeals and regularly or seasonally kept open in a bona fide manner for the lodging of transient guests and with twenty (20) or more sleeping rooms.
PERSON: Any individual, association, partnership, corporation, or club owning or operating an after hours business.
PERSON OF GOOD MORAL CHARACTER, OR AS OTHERWISE DEFINED BY SUCCEEDING STATE LEGISLATION: Any person who meets all of the following requirements:
A. The person has such financial standing and good reputation as will satisfy the city that the person will comply with this chapter and all laws, ordinances, and regulations applicable to the person's operations under this chapter.
1. In evaluating any applicant's "financial standing", the city may consider the following: an applicant's "financial standing" may include, but is not limited to, verified source(s) of financial support and adequate operating capital for the applicant's proposed after hours business, a record of prompt payment of local or state taxes due, a record of prompt payment to the city and the various utility companies of fees or charges due the city or the utility companies for municipal services or utilities provided, and prompt payment of or satisfaction of any fee, fine, or civil penalty imposed pursuant to any chapter of this code.
2. In evaluating an applicant's "good reputation", the city may consider such factors as, but not limited to, the following: a pattern or practice of violating any of the requirements or prohibitions set out in this chapter to which the licensee or licensee's agents or employees have pleaded guilty or been found guilty in a criminal court or have been otherwise sanctioned under this chapter, a pattern or practice of violating any of the state alcoholic beverages laws and regulations for which corrective action has been taken, convictions of licensee under laws relating to operating a motor vehicle while under the influence of drugs or alcohol, convictions under any laws relating to illegal drug use, possession or sale, convictions on misdemeanor charges, and their recency and severity.
B. The person is not subject to or prohibited from obtaining a liquor control license or a wine or beer permit.
C. Notwithstanding subsection E of this definition, the applicant is a citizen of the United States and a resident of the state of Iowa, or licensed to do business in the state of Iowa in the case of a corporation. Notwithstanding subsection E of this definition, in the case of a partnership, only one general partner need be a resident of the state of Iowa.
D. The person has not been convicted of a felony. However, if the person's conviction of a felony occurred more than five (5) years before the date of the application for a license or permit, and if the person's rights of citizenship have been restored by the governor, the city may determine that the person is of good moral character notwithstanding such conviction.
E. The requirements of this definition apply to the following:
1. Each of the officers, directors, and partners of such person.
2. A person who directly or indirectly owns or controls ten percent (10%) or more of any class of stock of such person.
3. A person who directly or indirectly has an interest of ten percent (10%) or more in the ownership or profits of such person.
4. For the purposes of this subsection, an individual and the individual's spouse shall be regarded as one person.
WINE: Any beverage containing more than five percent (5%) of alcohol by weight but not more than seventeen percent (17%) of alcohol by weight or twenty one and twenty five hundredths percent (21.25%) of alcohol by volume obtained by the fermentation of the natural sugar contents of fruits or other agricultural products but excluding any product containing alcohol derived from malt or by the distillation process from grain, cereal, molasses, or cactus; or, as otherwise defined by succeeding State legislation. (Ord. 869, 9-6-2007)