ORDINANCE NO. 21-4851

Ordinance amending Title 4, entitled “Alcoholic Beverages,” Chapter 1, entitled “Definitions,” to revise the definition of “restaurant” for Outdoor Service Areas.

Whereas, there is an increased demand for outdoor seating areas associated with restaurants, bars, hotels, and similar commercial uses due to COVID-19 restrictions; and

Whereas, outdoor areas on private property where alcoholic beverages are served for on-site consumption are defined as “outdoor service areas” and rules for these areas are set forth in Title 4, Alcoholic Beverages; and

Whereas, the current definition of “restaurant” lists specific kitchen equipment that may not be needed for certain types of food preparation; and

Whereas, the revised definition of “restaurant” aligns Iowa City’s requirements with those of a full-service food establishment as certified by the Johnson County Health Department; and

Whereas, revising the definition will ease administration of these provisions, streamline approval for applicants, and allow additional establishment to provide outdoor service areas;

Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:

   Section I. Amendments.

1.   Title 4, entitled “Alcoholic Beverages," Chapter 1, entitled "Definitions," is amended by adding the following underlined text and deleting the following strike-through text:

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; adequate cooking equipment; adequate hood ventilation system that complies with state/local fire and building codes; two 3-compartment sinks or a commercial dish machine; adequate food storage, refrigeration, and holding equipment. Kitchen must meet basic food requirements of a full-service food establishment as certified by the Johnson County Health Department.  

    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.

   Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed.

   Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

   Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law.

   Passed and approved this 16 TH day of March, 2021.

s/Bruce Teague, Mayor

Attest:s/Kellie Fruehling, City Clerk   

Submitted to publish on 3/25/21