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)

3-2-5: LICENSE AND PERMIT TERMS; SEASONAL PERMITS:

All liquor control licenses and beer permits, unless sooner suspended or revoked, shall expire one year from date of issuance. Six (6) or eight (8) month seasonal licenses or beer permits may be issued for a proportionate part of the license or permit fee. No seasonal license or permit shall be renewed except after a period of two (2) months. Seasonal licensing shall be only as permitted by state regulation. (Ord. 2584, 12-27-1971)

3-2-6: CONDITIONS OF LICENSE OR PERMIT:

   A.   Investigations: An applicant for a liquor control license or beer permit, as a further condition for approval by the city council, must give consent in writing on the application, that members of the fire, police and health departments and the building inspector may enter upon the premises without warrant to inspect for violations of the provisions of state law and of this chapter.

      1.   No liquor control license or beer permit shall be approved for premises which do not conform to all applicable laws, ordinances, resolutions and health and fire regulations.

      2.   No licensee shall have or maintain an interior access to residential or sleeping quarters unless permission is granted by the state beer and liquor control director in the form of a living quarters permit.

      3.   The premises for which a class B beer permit is sought must be located within a business district or an area now or hereafter zoned as a business district and conform to the zoning requirements of the city.

      4.   The premises of a class B beer permit shall, at the time of the application, continue to be equipped with sufficient tables and seats to accommodate twenty five (25) persons at one time.

      5.   No state liquor store shall be located within three hundred feet (300') of a public or private educational institution unless a lesser distance is specifically authorized by chapter.

   B.   Visibility From Licensed Premises: The licensed premises of any beer or liquor permittee shall be clearly visible at any hour from the outside, whether the permittee is open for business, or otherwise, and the following regulations shall be complied with as a condition for approval by the city council:

      1.   The entrance of the licensed premises which is primarily used by patrons shall have a door or window which provides an unobstructed view of the main seating and/or serving area of the licensed premises with the minimum dimensions of nine inches by nine inches (9" x 9") set into the door or window at eye level, which shall be approximately fifty six inches (56") to sixty four inches (64") above the ground level of the premises.

      2.   Any window presently in existence, which is mounted at eye level in an exterior wall adjoining the seating and/or serving area, shall have a minimum of nine inches by nine inches (9" x 9") of unobstructed view into the licensed premises.

      3.   Any licensed premises which has the serving area located within a permanent building whereby the main seating and/or serving area are not immediately accessible nor visible from a public street shall have an unobstructed opening to the main seating and/or serving area as provided in subsections B1 and/or B2 of this section.

      4.   The required openings as provided in subsections B1 and B2 of this section shall not be obstructed, in any fashion, to hinder clear view into the main seating and/or serving area of the licensed premises.

      5.   The building inspector, or designee, shall be solely responsible for the enforcement of these provisions. Upon inspection, notice of noncompliance shall be sent to the holder of the liquor license or beer permit and to the city clerk for appropriate action in accordance with this section.

      6.   Compliance by the licensee with the terms and conditions of this subsection shall occur within thirty (30) days from the effective date of this section or no later than the time of the renewal of the beer or liquor license, whichever last occurs. Failure to timely comply may result in suspension or revocation of the liquor license in accordance with this chapter.

   C.   Separate Locations For Class B Or C: Every person holding a class B or class C permit having more than one place of business where such beer is sold shall be required to have a separate license for each separate place of business, except as otherwise prohibited by state law.

   D.   Nature Of License Or Permit: A liquor control license or beer permit shall be a purely personal privilege and be revocable for cause. It shall not constitute property, nor be subject to attachment and execution nor be alienable nor assignable, and in any case it shall cease upon the death of the permittee or licensee. However, the director may, in his discretion, allow the executor or administrator of a permittee or licensee to operate the business of the decedent for a reasonable time not to exceed the expiration date of the permit or license. Every permit or license shall be issued in the name of the applicant and no person holding a permit or license shall allow any other person to use same.

   E.   Transfers: The city council will, in its discretion, authorize a licensee or permittee to transfer the license or permit from one location to another within the city, provided that the premises to which the transfer is to be made would have been eligible for a license or permit in the first instance and such transfer will not result in the violation of any law or ordinance. (Ord. 2584, 12-27-1971; amd. Ord. 3494, 7-13-1987)

   F.   Drive-Up Windows; Signage: Each licensed or permitted premises equipped with a drive-through or walk-up window or any similar drive-up or drive-in system must conspicuously post and maintain a sign upon such window or system or upon the remote ordering system on the premises that contains the following statement in bold characters no less than one inch (1") in height: "Alcohol Sales From Drive-Up Prohibited". A grocery store or a pharmacy operating in compliance with subsection 10-27-1(Q)(2)(a) of the zoning regulations is exempt from this requirement.

   G.   Drive-Up Windows; Violations: Any licensee or permittee who sells or dispenses alcoholic beverages via a drive-through or walk-up window or any similar drive-up or drive-in system in violation of title 10 of this code shall be guilty of a violation of this section. In addition to any penalties prescribed by this chapter, the licensee or permittee shall, upon conviction, obtain a building permit and proceed to permanently close said window or opening and shall finish the exterior of the work to conform in materials and appearance as closely as reasonably possible to the remainder of the exterior of the premises, within ninety (90) days of conviction of such violation. (Ord. 5127, 8-20-2012)