CHAPTER 2
LIQUOR CONTROL 1

SECTION:

3-2-1: Purpose

3-2-2: Definitions

3-2-3: Eligibility For Liquor Control License Or Beer Permit

3-2-4: Application For License Or Permit

3-2-5: License And Permit Terms; Seasonal Permits

3-2-6: Conditions Of License Or Permit

3-2-7: Refunds

3-2-8: Prohibited Acts And Conditions

3-2-9: Prohibited Acts Involving Minors

3-2-10: Suspension And Revocation

3-2-11: Penalties

 

Notes

1	1. IC §§ 123.1 et seq., 124.1 et seq.

3-2-1: PURPOSE:

The purpose of this chapter is to provide administration of licenses and permits and for local regulations and procedures for the conduct of the sale and consumption of beer and liquor, for the protection of the safety, morals and general welfare of this community. (Ord. 2584, 12-27-1971)

3-2-2: DEFINITIONS:

Where words and phrases used in this chapter are defined by state law, such definitions shall apply to their use in this chapter and are adopted by reference. Those definitions so adopted that need further definition or are reiterated, and other words and phrases used herein, shall have the following meanings:

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.

COMMERCIAL ESTABLISHMENT: A place of business which is at all times equipped with sufficient tables and seats to accommodate twenty five (25) persons at one time, and the licensed premises of which conforms to the ordinances of the city.

HOTEL OR MOTEL: A premises licensed by the state department of agriculture and regularly or seasonally kept open in a bona fide manner for the lodging of transient guests, and with twenty (20) or more sleeping rooms.

LEGAL AGE: The legal age as defined by state law 1 .

PERSON OF GOOD MORAL CHARACTER: Any person who meets all of the following requirements:

   A.   He has such financial standing and good reputation as will satisfy the city council and the director that he will comply with the Iowa alcoholic beverage control act and all other laws, ordinances and regulations applicable to his operations under state law.

   B.   He does not possess a federal gambling stamp.

   C.   He is not prohibited by the provisions of subsection 3-2-10B of this chapter from obtaining a liquor license or beer permit.

   D.   Is a citizen of the United States and a resident of Iowa, or licensed to do business in Iowa in the case of a corporation.

   E.   He has not been convicted of a felony. However, if his conviction of a felony occurred more than five (5) years before the application for a license or permit, and if his rights of citizenship have been restored by the governor, the director may determine that he is a person of good moral character notwithstanding such conviction.

   F.   If such person is a corporation, partnership, association, club or hotel or motel, the requirements as set out in this definition shall apply to each of the officers, directors and partners of such person, and to any person who directly or indirectly owns or controls ten percent (10%) or more of any class of stock of such person or has an interest of ten percent (10%) or more in the ownership or profits of such person. For the purpose of this provision, an individual and his spouse shall be regarded as one person. (Ord. 2584, 12-27-1971; amd. Ord. 2699, 9-3-1974; Ord. 3529, 3-7-1988; Ord. 5127, 8-20-2012)

 

Notes

1	1. IC § 123.3.

3-2-3: ELIGIBILITY FOR LIQUOR CONTROL LICENSE OR BEER PERMIT:

Upon meeting the requirements imposed by state law and the ordinances of this city, a person who is of good moral character, as defined by state law and this chapter, may apply for a liquor control license or a beer permit. In the case of a club, corporation or partnership, the officers of the club or corporation and the partners of a partnership shall be persons of good moral character, as defined by state law and this chapter. (Ord. 2584, 12-27-1971)

3-2-4: APPLICATION FOR LICENSE OR PERMIT:

   A.   Investigation Of Applicant: Upon receipt of an original application for a liquor license or beer permit by the city clerk, it shall be forwarded to the chief of police, who shall conduct an investigation and shall submit a written report on the applicant as to the truth of the facts averred in the application and a recommendation to the city council as to the approval of the license or permit. It shall be the duty of the health inspector, the building inspector and the fire chief to inspect the premises to determine if they conform to the requirements of the city, and no license or permit shall be approved until or unless an approving report has been filed with the city council by such officers.

   B.   Civil Liability: Every liquor control licensee and class B beer permittee shall furnish proof of financial responsibility either by the existence of a liability insurance policy or by posting bond in such amount as determined by the department.

   C.   Application For Renewal: Upon receipt of an application for the renewal of a liquor license or beer permit, it shall be forwarded to the chief of police only, who shall conduct an investigation and shall submit a written report on the applicant as to the truth of the facts answered in the application and a recommendation to the city council as to the approval of the license or permit.

   D.   Action By City Council: Action taken by the city council shall be so endorsed on the application and thereafter the application, fee and bond shall be forwarded to the Iowa beer and liquor control department for such further action as is provided by law. (Ord. 2584, 12-27-1971; amd. Ord. 4447, 11-13-2000)