1. As used in this section unless the context otherwise requires:
A. "Alcoholic beverage" means any alcoholic liquor, wine or beer.
B. "Agreement" means the official agreement between the city and an authorized entity to sell, serve, possess, and/or consume alcoholic beverages on an authorized site. An agreement which allows the sale or service of alcoholic beverages shall include, at a minimum, the following provisions:
(1) Authorized Site Description: Both a written description and a physical illustration of the authorized site.
(2) Dramshop Insurance: The authorized entity shall provide proof that it is in compliance with all applicable liability insurance requirements of Iowa Code section 123.92, as amended.
(3) 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 or service of alcoholic beverages 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 alcoholic beverages on the authorized site.
(4) 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.
(5) License: The authorized entity has a state licensing necessary to provide the alcoholic beverages being served or sold for the term of the agreement.
(6) Premises Insurance: The authorized entity, when required by law to obtain state licensure pursuant to subparagraph 5 above, shall provide a certificate of insurance for reasonable general liability and casualty insurance coverage, naming the city of North Liberty as an additional insured. The authorized entity shall provide thirty (30) days' notice to the city before cancellation of said insurance.
C. "Arrest" means the same as defined in Section 804.5 of the Code of Iowa and includes taking into custody pursuant to Section 232.19 of the Code of Iowa.
D. "Authorized entity" means an entity granted permission to sell, serve, possess and/or consume alcoholic beverages pursuant to an agreement with the City under this section, or the holder of a special event permit issued pursuant to Section 171.03(2) of the North Liberty Code of Ordinances, which permit specifically allows the sale, service, consumption and/or possession of alcohol on public property and/or within public right-of-way.
E. "Authorized site" means a precisely described area in a park, within a public right-of-way, on city grounds or within a city building over which the authorized entity has control for specified hours on specified days pursuant to a special event permit or written agreement with the city.
F. "Chemical test" means a test of a person's blood, breath, or urine to determine the percentage of alcohol present by a qualified person using devices and methods approved by the Commissioner of Public Safety.
G. "Peace officer" means the same as defined in Section 801.4 of the Code of Iowa.
H. "School" means a public or private school or that portion of a public or private school which provides teaching for any grade from kindergarten through grade twelve.
2. Restrictions on public use or consumption of alcohol:
A. A person shall not use or consume any alcoholic beverage upon any public street, ground, park, building, highway, sidewalk, alley, or public right of way in the city, except if said person has obtained 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 any alcoholic beverage in any public place, except premises covered by a license or permit, and when applicable, a public right of way easement agreement.
B. The city may enter into a written agreement with an authorized entity that allows for the sale, service, or distribution of alcoholic beverages in a city park, on public right of way, or on city grounds. The term of said agreement shall not exceed thirty (30) days.
C. A person shall not possess or consume any alcoholic beverage on public school property or while attending any public or private school-related function.
3. A person shall not be intoxicated or simulate intoxication in a public place.
4. When a peace officer arrests a person on a charge of public intoxication under this section, the peace officer shall inform the person that the person may have a chemical test administered at the person's own expense. If a device approved by the Commissioner of Public Safety for testing a sample of a person's breath to determine the person's blood alcohol concentration is available, that is the only test that need be offered the person arrested. In a prosecution for public intoxication, evidence of the results of a chemical test performed under this subsection is admissible upon proof of a proper foundation. The percentage of alcohol present in a person's blood, breath, or urine established by the results of a chemical test performed within two hours after the person's arrest on a charge of public intoxication is presumed to be the percentage of alcohol present at the time of arrest.
(Ord. 2024-06 - Oct. 24 Supp.)