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A. It shall be unlawful for any persons to consume or drink any alcoholic beverages on any public street, ground, highway, sidewalk, alley, or public right of way in the city, except at the farmers' market or if said person has purchased said alcoholic beverage from an "authorized entity", and is on an "authorized site", as those terms are defined in this section. A person shall not use or consume alcoholic beverages in any public place within the city, except premises covered by a license or permit, and when applicable a public right of way easement agreement. (Ord. 10-4387, 4-6-2010)
B. A person shall not consume or possess an alcoholic beverage in a city park, except if said person has purchased said alcoholic beverage from an "authorized entity", and is on an "authorized site", as those terms are defined in this section 1 , or is doing so pursuant to a permit issued by city staff. Any permit issued will abide by and incorporate administrative rules approved by the city manager. This subsection shall not apply to the farmers' market or property within a city park that is leased to another entity for ninety nine (99) years or more. Notwithstanding any other provision in this section, a person may possess and/or consume beer or wine inside any park shelter, with the exception of those in Napoleon Park and I.C. Kickers Park, during the time period the shelter has been reserved. All persons reserving a shelter and all persons possessing and/or consuming beer or wine in the shelter shall abide by the administrative rules approved by the City Manager.
C. A person shall not use or consume any alcoholic beverages in any city building, except a city building covered by a valid license or permit. Any permit issued will abide by and incorporate administrative rules approved by the city manager. (Ord. 12-4492, 9-4-2012)
D. 1. The city may enter into a written agreement with an authorized entity that allows for the sale of beer and/or wine in a city park, on public right of way, or on a city ground excluding city buildings. The term of said agreement shall not exceed one year.
2. As used in this chapter, the following definitions shall apply:
AGREEMENT: The official agreement between the city and an authorized entity to sell beer and/or wine on an authorized site for consumption and possession only on an authorized site, which includes, at a minimum, the following provisions:
a. Authorized Site: Both a written description and a physical illustration of the authorized site.
b. Dramshop Insurance: The authorized entity shall provide proof that it is in compliance with the liability insurance requirements of Iowa Code section 123.92, as amended, in the amount of five hundred thousand dollars ($500,000.00).
c. Indemnification: The authorized entity shall pay on behalf of the city all sums which the city shall be obligated to pay by reason of any liability imposed upon the city for damages of any kind resulting from the sale of beer and/or wine on the authorized site, whether sustained by any person or persons, caused by accident or otherwise and shall defend at its own expense and on behalf of the city any claim against the city arising out of the use of the authorized site or consumption of beer and/or wine on the authorized site.
d. Inspection: City staff, including the police department, may periodically inspect the authorized site without any prior notice to the authorized entity for the purpose of enforcing the terms of the agreement.
e. License: The authorized entity has a state license to sell beer and/or wine for the term of the agreement.
f. Premises Insurance: The authorized entity shall provide a certificate of insurance for general liability and casualty insurance, naming the city of Iowa City as an additional insured, which provides coverage in the following minimum amounts: comprehensive general liability for bodily injury and property damage of one million dollars ($1,000,000.00) for each occurrence and two million dollars ($2,000,000.00) in the aggregate. The authorized entity shall provide thirty (30) days' notice to the city before cancellation of said insurance.
AUTHORIZED ENTITY: A nonprofit corporation (meaning those entities granted tax exempt status by the IRS under section 501(c)(3) of the internal revenue code).
AUTHORIZED SITE: A precisely described area in a city park, on public right of way, or on a city ground excluding city buildings over which the authorized entity has control for specified hours on specified days pursuant to a written agreement with the city. (Ord. 04-4123, 4-20-2004; amd. Ord. 21-4855, 5-4-2021)
1. See also subsection 10-9-2F of this code.