Subject to the following additional definitions, this chapter shall incorporate by reference the definitions contained in chapter 123, code of Iowa, as amended. Referenced chapters of the code of Iowa, as amended, are hereby made a part of this chapter as if set forth herein:
CLUB: 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.
OUTDOOR SERVICE AREA: An area outside of but immediately adjacent to a building housing a licensed premises, which area has been approved for use for the sale, dispensing or consumption of alcoholic beverages or beer pursuant to the provisions of this title, chapter 123, code of Iowa, as amended, and chapter 150 of the Iowa administrative code, as amended. An outdoor service area shall include any outdoor area where beer or liquor is to be sold, served, carried or consumed by the public and shall be considered as part of the licensed premises. The same federal and state laws and local ordinances which apply to the licensed premises shall also apply to the outdoor service area.
PERFORMER: Live person(s) performing for the entertainment of an audience by doing at least one of the following:
A. Playing musical instrument(s).
B. Singing.
C. Performing comedy.
D. Reading works of poetry or prose.
E. Performing theater.
For purposes of this title, disc jockeys (DJs) are not considered performers. Anyone marketed or advertised as a DJ shall be considered a DJ. Also, anyone playing prerecorded music outside performances of theater shall be considered a DJ.
PROFESSIONAL LIGHT AND SOUND: That lighting and sound equipment needed to meet all requirements of the professional light and sound specification sheet, as approved by city council by resolution.
RESTAURANT: A business whose primary function is the service of food to customers and which meets the following criteria:
A. Prepares meals on the premises and provides meal service to each floor of the premises which is open to the public while the kitchen is open;
B. Has a food service menu from which customers may order;
C. Has an employee whose primary duty is the preparation of food and an employee whose primary duty is to serve food to customers;
D. Has a kitchen separate from the bar equipped with all of the following: a stove, a griddle, a grill or broiler, and a food refrigeration unit with a capacity in excess of twenty (20) cubic feet;
E. Operates the restaurant service during at least sixty percent (60%) of the hours that the business is open to the public; and
F. Holds itself out to be a restaurant and advertises itself as a restaurant if it advertises.
G. Includes a cafe, cafeteria, coffee shop, delicatessen, ice cream shop, lunchroom, or tearoom.
SHOW: A showing of entertainment at least ninety (90) minutes in duration of actual performance time by a live performer(s), in which at least fifty percent (50%) of any fees charged to gain entry to or remain on the premises, including, but not limited to, cover charges and ticket sales, are paid to the performer(s). The performer(s) must be capable of being heard throughout the licensed premises through the audio components of the professional light and sound system, and must be the focus of activity at the licensed premises throughout the time the performer(s) is performing.
TEMPORARY OUTDOOR SERVICE AREA: Either an area outside of but immediately adjacent to a licensed premises approved for the temporary sale of liquor, beer or wine under the license or permit for that premises or an area not within a building licensed for the temporary sale of liquor, beer or wine under a seasonal, five (5) day or fourteen (14) day license or permit.
THEATER: A depiction or dramatic representation by live performers of people and/or events real or imagined. Theater performances must provide seating with a view of the stage sufficient to accommodate at least fifty percent (50%) of the occupant load. Additionally, during the time of the show, there can be no venue space dedicated to patron dancing, or any other patron activity other than eating, drinking, and watching the theater performance. (1978 Code §5-1; amd. 1994 Code; Ord. 95-3676, 5-9-1995; Ord. 97-3764, 1-14-1997; Ord. 97-3790, 6-18-1997; Ord. 10-4412, 10-26-2010; Ord. 13-4538, 6-18-2013; Ord. 14-4579, 4-1-2014)