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(A) Selling or furnishing to minors. No person shall knowingly sell, give, supply or offer any alcoholic beverage, wine or beer to any person under the age of 21.
(2013 Code, § 5-101)
(B) Minors prohibited on certain premises.
(1) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GUARDIAN. An individual who has been duly appointed as the guardian of a minor pursuant to Iowa Probate Code §§ 633.552 through 633.565 and any future amendments thereto.
MINOR. Any person who has not attained the lawful age for the purchase, consumption or possession of any alcoholic beverage, including beer, wine or liquor, under state laws.
(2) Except as provided in division (B)(4) below, it shall be unlawful for the holder of a license or permit issued pursuant to the state’s Alcoholic Beverage Control Act, I.C.A. §§ 123.1 et seq., for premises where more than 50% of the business of the business conducted is the sale or dispensing of alcoholic beverages, and for every person employed with respect to such premises, to knowingly permit or fail to take reasonable measures to prevent entry into such premises of any and all minors. Either the Chief of Police or the City Administrator may request, upon ten days’ notice, a verified statement from a certified public accountant which establishes that more than 50% of the licensee’s or permittee’s gross sales are from the sale of goods or services other than the sale of alcoholic beverages, wine or beer, which shall not include income from cover charges, entertainment fees, drink mixes, non-alcoholic beverages or any goods or services not sold directly on the licensee’s or permittee’s premises. In addition, any licensee or permittee may tender such a verified statement, at any time, so as to justify his or her lawful conduct of business. Failure to provide the verified statement as requested shall be considered a violation of this section, which may result in a revocation of all licensee permits issued by the city.
(3) Except as provided in division (B)(4) below, it shall be unlawful for a minor to go onto the premises described in division (B)(2) above.
(4) The provisions of divisions (B)(2) and (B)(3) above shall not apply when:
(a) The minor is an employee of the license or permit holder and performing scheduled duties or is performing contracted services with respect to such premises;
(b) The minor is accompanied by a parent, guardian or spouse who is not a minor;
(c) The minor is on the premises during a time that the license or permit holder has, after written notice to the Chief of Police or his or her designee, suspended the dispensing of alcoholic beverages on the premises or on a clearly delineated part of the premises operating under a differentiating trade name. It shall be the duty of the license or permit holder allowing minors onto the licensed premises and all employees of the licensed premises to prevent minors from purchasing, possessing or consuming alcoholic beverages thereon. Police officers shall be immediately admitted to the premises at any time. Failure to fulfill the duties set forth in this division (B)(4)(c) shall be a violation of this section; or
(d) The licensee or permit holder has provided a separate room in which no alcoholic beverages may be served, dispensed, possessed or found. In such room minors may be allowed through an entrance that does not involve passage through any area where such alcoholic beverages are served, dispensed, possessed or found.
(2013 Code, § 5-102)
(C) Special event exception. Notwithstanding any provision of division (B) above, the licensee or permittee may apply for a special event exception from the Chief of Police and City Administrator that shall allow the holder to provide entertainment to persons under legal age, subject to the following.
(1) A licensee or permittee may qualify for a special event exception when an application is submitted to the Chief of Police or his or her designee at least seven business days prior to the proposed special event. Such application shall include the name and address of the licensed or permitted establishment, the type of event for which an exception is applied, the proposed date for the event and the time of the event.
(2) All alcoholic liquor, wine or beer shall be removed or stored so that it is not available for sale or consumption during the period of the special event.
(3) A special event exception shall be valid through the date of the special event or for the duration of the alcoholic liquor control license, wine or beer permit, whichever is first in time.
(4) Failure to comply with the terms of this special event exception shall result in the revocation or denial of such an exception application for one year.
(5) The licensee or permittee shall post a current exception certificate in a conspicuous place in the view of patrons of the licensed or permitted establishment.
(2013 Code, § 5-103)
(D) Posting of notices prohibiting minors. All license or permit holders shall post a conspicuous notice at all entrances notifying all those who enter that minors are prohibited.
(2013 Code, § 5-104)
(E) Exceptions. The provisions of divisions (B)(2) and (B)(3) above shall not apply to the holder of the license or permit at the Marshalltown Softball Complex and any event held outdoors where the premises are not enclosed by a structure, fence, tent or similar enclosure.
(2013 Code, § 5-105)
(Ord. 47, passed 8-14-1950; Ord. 10440, passed 7-11-1963; Ord. 14293, passed 7-10-1989; Ord. 14527, passed 3-11-1996; Ord. 14889, passed 9-26-2011) Penalty, see § 112.999
Supplying alcoholic beverage, wine or beer to person under legal age, see I.C.A. § 123.49(2)h