A. Definitions: The definitions and provisions contained in this section shall govern the construction, meaning, and application of the following words and phrases used in this chapter.
AFTER HOURS BUSINESS: | Any business, establishment, or place open to members of the general public at any time between the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M. which has for its primary purpose entertainment of any kind, social gathering, dancing, or playing games of skill or chance in any form regardless of legality, or the playing of live or recorded music, and which holds no permit or license to sell or dispense alcoholic beverages. |
AFTER HOURS BUSINESS LICENSE: | The privilege granted by the city to operate an after hours business. |
ALCOHOLIC BEVERAGE: | Any beverage containing more than one-half of one percent of alcohol by volume including alcoholic liquor, wine, and beer. |
APPLICANT: | A person or business entity engaged in the process of applying for an after hours business license. |
BUSINESS PREMISES or LICENSED PREMISES: | All buildings, structures, lots, and properties owned, leased, or utilized for the benefit of the operation of the after hours business. |
BUSINESS RECORDS: | All financial accounting records of the after hours business. |
CITY CLERK: | The city clerk of Waterloo, Iowa, or his or her designee, to include the Waterloo police department. |
EDUCATIONAL INSTITUTION: | Any preschool, elementary, secondary, or merged area school, area education agency, community college, or post-secondary college or university and their governing boards. |
GENERAL PUBLIC: | Ordinary people in society, and also includes, but is not limited to, people who pay a fee or charge to enter the premises, or people who are required to obtain membership or other designation or preferred status in or from the establishment to obtain entry. |
HOTEL or MOTEL: | Premises licensed by the State Department of Inspections and Appeals 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. |
LICENSEE: | A person to whom the city has granted an after hours business license. |
PERSON: | Any natural individual, firm, partnership, trust, company, club, joint venture, estate, association, or corporation or any group or combination acting as a unit and the individuals constituting such group or unit. As applied to partnerships or associations the word includes the partners or members thereof; and as applied to corporations it includes the officers, agents or employees thereof who are responsible for the act. The singular includes the plural. The masculine gender includes the feminine and neutral genders and vice versa. |
PLACARD: | A poster or sign for public display affixed to a structure stating the occupation or use of the particular business or structure is illegal to be used as an after hours business. |
REGISTERED MANAGER: | An individual who resides in Iowa and who is designated by the applicant to be responsible for the conduct and operations of an after hours business. The registered manager serves as an agent for the after hours business, and shall be the recipient of any official notices or processes from the city related to this chapter. |
B. License Required:
1. No person shall operate an after hours business, either exclusively or in connection with another business, without being licensed by the city as provided in this chapter.
2. The after hours business license shall be conspicuously displayed on the business premises in a public area at all times.
C. License Fees And Term:
1. The fees for an after hours business license in the city will be set by city council resolution. The fees shall be paid when an application for a license is filed.
2. Licenses will be issued for a fixed term and shall not exceed one year. The term of the license shall not exceed the length of the applicant's property interest in the intended after hours business location, as shown by the information submitted by the applicant, and shall not exceed the length of the applicant's required insurance policy for the same.
3. Ten (10) days prior to the expiration of a license that has not been issued for a full year, an applicant may request an extension of the license period. The applicant must provide an updated lease, deed or other property interest document and valid insurance for the requested license extension period. License extensions shall not extend beyond one year from the original license issuance date related to the extension request. No license extensions shall be granted if the applicant is requesting to, or has, modified the after hours business name, address, or interior plans and specifications.
4. The licensee may apply to renew the license by the submission of an application for renewal in the same manner as required for original issuance, accompanied by the payment of the license fee as set by city council resolution. Applications for renewal shall be available from the city clerk.
D. Application: Application for an after hours business shall be made on forms provided by the city clerk's office. The application shall include:
1. The intended business name, the address of the property to be used as an after hours business, and documentation establishing the applicant's property interest and control of the premises on which the business will be located, which shall be in the form of a lease, deed, or other document that establishes the applicant's interest.
2. Name and owner(s) of any other businesses located on the same parcel of land as the intended after hours business.
3. At the time of application, the applicant shall provide the following most current and updated information as requested below in a list format to be maintained at all times concerning the applicant, owner, manager, and registered manager of the after hours business:
a. Name and address for each individual;
b. License number of a valid and current government issued photo ID for each individual;
c. Up to date contact information including phone numbers and electronic mail addresses for each individual;
d. Dates and locations of other related businesses any individual listed above owns or operates, or has owned or operated;
4. A statement as to whether the applicant, owner, manager, or registered manager has ever had a similar license denied, revoked or suspended in any city, county, or any state and the reason or the denial, revocation or suspension.
5. Interior plans and specifications for the interior premises to be licensed.
6. Written consent of the registered manager to serve as an agent for services of notices and other processes related to the after hours business. The registered manager shall remain responsible for the conduct of the after hours business until another person has been designated in writing by the applicant or licensee.
7. Consent to use the information on the application to conduct a background check on the applicant, owner, manager, and registered manager.
8. Each after hours business shall provide proof of general liability insurance, including personal and advertising injury in the amount of one million dollars ($1,000,000.00) and a general aggregate of products and completed operations aggregate of two million dollars ($2,000,000.00). A certificate of insurance shall be delivered to the city clerk prior to the issuance of an after hours business license. Such insurance shall be maintained during the term of the license.
9. In the event an applicant or licensee intends to operate an after hours business in multiple physical locations, a separate application is required for each individual location.
E. Granting Or Denial Of License:
1. After hours business license applications shall be reviewed by the city clerk who, after considering all of the information provided in and with the application shall either grant or deny the license.
2. If the city clerk finds that the applicant for an after hours business license has fully complied with all requirements of this chapter and with all other applicable ordinances and codes, the city clerk shall issue an after hours business license.
3. Whenever any application for an after hours business license shall have been denied by the city clerk the applicant will be notified by mail and no new application covering the same applicant or any principal, member, partner, or shareholder of the same or similar applicant, if not an individual, shall be filed with the clerk until one year has elapsed from the date of filing the previous application.
F. Conditions Governing Issuance:
1. Licenses shall only be issued to applicants who have provided all the information requested in the application, have paid the license fee, have met the requirements of this chapter, and do not meet any grounds for denial of applications under Section M of this chapter.
2. If information changes on the application during the licensing period, the applicant must contact the city to update the information within ten (10) calendar days. The applicant or licensee shall promptly notify the city in writing of any change with regard to, but not limited to, the following: ownership, business location, business name, interior plans and specifications, insurance status, or registered manager designation and provide all relevant application information pertaining to the above.
G. Scope Of License:
1. An after hours business license shall be a personal privilege and may be suspended or revoked as provided for herein. It is not property, nor is it subject to attachment and execution, nor alienable or assignable and it shall immediately cease upon the death of the licensee if an individual person, termination of the licensed business entity, or terminate immediately if the licensed business entity or licensed building, lot, or property is sold or transferred.
2. Every license shall be issued in the name of the applicant and no person holding a license shall allow any person not included on the application to use the license.
3. No after hours business license shall be sold or transferred. An after hours business license is automatically terminated at the sale, transfer, or other change in property interest of the licensed business entity, building, lot, or property. The purchaser of any after hours business shall make application for and obtain a new license before operating any after hours business.
H. Location Restrictions:
1. No after hours business shall provide outdoor entertainment.
2. No after hours business shall be permitted in a residential zone district as defined by the Waterloo Municipal Code.
3. All licensed premises shall comply with the zoning ordinance of the Waterloo Municipal Code.
I. Exemptions: The following persons shall not be required to obtain an after hours business license for the city:
1. Hotels or motels licensed by the State of Iowa.
2. Persons holding private gatherings in private residences.
3. Persons holding school events sanctioned by an educational institution.
J. Examination Of Premises:
1. As part of the application process for an after hours business license, applicants must submit the proposed after hours business location and premises to inspection by the city's building inspections department and fire department. Failure to submit to the required inspections or failure to meet city code standards during the inspections shall result in denial of the license, per Section M of this chapter.
2. An after hours business may be re-inspected to ensure compliance with this chapter if one (1) or more of the following occurs:
a. Credible information is received indicating that the after hours business is operating in violation of the provisions of this code or any state law;
b. A city official, police officer, fire code official, or any other government official witnesses a possible violation of the standards or provisions of this code, or any state or federal laws, and the city determines there is probable cause to enter the premises;
c. The city must determine whether the after hours business is acting in compliance with a notice or an order issued by a city official; and/or
d. A public health, safety or welfare emergency is observed or is reasonably believed to exist.
K. Persons Under Age Eighteen (18) Not Allowed On Licensed Premises: No person holding an after hours business license, nor his or her agents or employees shall allow a person under eighteen (18) years of age to enter or remain on the licensed premises from twelve o’clock (12:00) A.M. through six o’clock (6:00) A.M. on all days when the licensed premises is open for business.
L. Violation By Applicant, Owner, Manager, Employee Or Registered Manager: All managers, owners, registered managers, licensee, and employees of any after hours business shall be subject to and bound by this chapter and state law and shall be liable for the same penalties and to the same extent as his or her employer or principal for any violation of this chapter or state law. Any violation of this chapter or state law by any clerk, agent, or employee of a licensee shall be deemed the act of the licensee and shall subject the licensee to potential civil penalty, criminal action, or license suspension or revocation.
M. Adverse Action; Grounds For Denial And Revocation Or Suspension: It shall be grounds for denial of the application or revocation or suspension of the license if:
1. The applicant, owner, manager, or registered manager fails to provide and maintain proof of insurance or proof of valid property interest in the property being used for an after hours business.
2. The applicant, owner, manager, employee or registered manager has been charged or convicted of disorderly conduct in violation of either state or city law.
3. The applicant, owner, manager, employee or registered manager has been charged or convicted of human trafficking in violation of Iowa Code Section 710.
4. The applicant, owner, manager, employee or registered manager knowingly permits any gambling on the premises in violation of Iowa Code Section 725.
5. The applicant, owner, manager, employee or registered manager keeps or allows to be kept gambling devices of any kind on the licensed premises contrary to state law.
6. The applicant, owner, manager, employee or registered manager knowingly permits loud or raucous noise or behavior in violation of the municipal code.
7. The applicant, owner, manager, employee or registered manager knowingly permits or engages in the use or sale of illegal drugs in violation of Iowa Code Section 124.
8. The applicant, licensee, employee, or registered manager knowingly permits or engages in the sale of alcoholic beverages.
9. The applicant, licensee, employee, or registered manager knowingly permits or engages in a sex crime defined by Iowa Chapter 709, Prostitution as defined by Iowa Code Chapter 725 or Iowa Code Chapter 627, or is a registered sex offender under Iowa Code.
10. The applicant, licensee, employee, or registered manager knowingly permits or engages in any criminal activity on the premises covered by the license.
11. The applicant, owner, manager, employee or registered manager knowingly permits or engages in the manufacture or delivery of a controlled substance as defined by Iowa Code Chapter 124.
12. The applicant, owner, manager, employee or registered manager has been charged or convicted of illegal control or possession of any narcotic drugs or controlled substance on a licensed premises.
13. The applicant, owner, manager, employee or registered manager has had a license suspended, denied, or revoked by another municipality or by the city within the past two years. Suspension or revocation of an after hours license shall be grounds for suspension or revocation at all locations licensed and controlled by the applicant, owner, manager, employee or registered manager.
14. The applicant, owner, manager, employee or registered manager has engaged in actions in violation of state laws or municipal ordinances that may adversely affect public health or safety.
15. The application contains false information, intentionally fails to disclose required information, or was fraudulently or deceptively prepared or submitted by the applicant or another individual.
16. The applicant, owner, manager, employee or registered manager has any unpaid fees or bills owed to the city.
17. The applicant, owner, manager, employee or registered manager has violated, or is currently in violation of provisions of this chapter.
18. The applicant, owner, manager, employee or registered manager knowingly permits violations of sections of the municipal code to occur at a licensed premises.
19. The property to be utilized for the after hours business does not meet occupancy requirements of the municipal code upon inspection by the city's building inspections department.
20. The property to be utilized for the after hours business does not meet fire code requirements of the municipal code upon inspection by the city's fire department.
21. The property to be utilized for the after hours business does not meet life safety requirements of the municipal code upon inspection by the city's building inspections department. The applicant does not submit to the required inspections by the city's building inspections department or fire department.
N. Notice Of Denial, Revocation, Suspension, Or Corrective Action:
1. Upon a determination by the city clerk that a licensee has failed to comply with the requirements of this chapter, the city shall issue a notice of violation to the licensee. Service shall be provided in accordance with Section S of this chapter.
2. Upon receipt of the notice of violation, the licensee shall immediately cease or remedy all violations of this chapter. If the violation cannot be remedied immediately, the licensee may submit a corrective action plan to the city clerk within ten (10) days of receiving the notice of violation. The licensee's corrective action plan shall specify the specific actions the licensee will implement to ensure the violations in question do not continue. This will include a timeline for the corrective actions to become effective.
3. If the licensee submits a corrective action plan, the licensee or their registered manager will meet with the city clerk within seven (7) business days to review the facts of the case and the corrective action contemplated by the plan. After the meeting and a review of the licensee's corrective action plan, the city clerk shall approve or deny the contents of the plan.
4. The submission of the corrective action plan may be considered by the city clerk as cause to delay corrective action taken by the city pursuant to Section P of this chapter.
5. If the licensee fails to take immediate corrective action, fails to submit a corrective action plan, fails to submit a corrective action plan that is approved by the city clerk, or fails to meet the deadlines or requirements imposed by an approved corrective action plan, the city clerk may take corrective action against the licensee, after hours business, or the premises used by the same pursuant to Section P of this chapter.
O. Notice Of Violation; Contents: The notice of violation required by this chapter shall contain:
1. The name and location of the business in question.
2. The name of the licensee, and registered manager.
3. A description of what constitutes a violation of this chapter.
4. A statement that the licensee shall cure any violation of this chapter or submit a corrective action plan to the city clerk within ten (10) days of receiving the notice of violation, or the business may face license suspension, license revocation, and the city may placard the after hours business's premises related to the violations until the licensee and after hours business is in full compliance with this chapter.
P. Corrective Action By The City:
1. If a licensee, who has been served with a notice of violation, fails to comply with the requirements of the notice of violation, the city may take corrective action. Such corrective action may include the suspension or revocation of the licensee's after hours business license or the placing of a placard on each entrance to the property and ensuring the property is secure from access. This provision shall not be construed to impose any duty upon the city to take such corrective action.
2. If the city placards the property, the licensee shall be responsible for all of the costs incurred by the city in taking such action.
3. If the city placards the property, it shall be illegal for any person to remove or alter the placard, or to access or operate out of the property without written permission of the city clerk. The city clerk may, for good cause, grant access to the placarded property to specific individuals for specific times and purposes.
4. If the city suspends or revokes the after hours business license, it shall be illegal for any person to hold open the after hours business for continued business until the license has been reinstated or a new license obtained.
5. If the city has reason to believe an after hours business defined by this chapter is or imminently will be operating without a license, the city clerk may placard the property immediately until a license is obtained.
6. An after hours business operating in violation of this chapter may be placarded immediately and their license may be revoked and no license shall be issued to the applicant and business owner for one year.
Q. Reinstatement Of License, Removal Of Placard:
1. If a license has been suspended and the city clerk determines that the licensee and after hours business has remedied all violations listed in the notice of violation, the city clerk may order that the suspension be lifted.
2. If the city placards an after hours business and the city clerk determines that the licensee and after hours business has remedied all violations listed in the notice of violation, the city clerk shall order the removal of placards from the premises.
R. Appeal Of Administrative Decisions Or Actions:
1. Any person aggrieved by a decision or act of the city clerk or city under this chapter, including, but not limited to, denial of a license, a notice of violation, or corrective action taken by the city, shall have the opportunity for hearing before a hearing officer appointed by the city. Any aggrieved party may appeal any such decision or act by submitting a written request for a hearing to the city clerk. All such appeals must be hand delivered, electronically delivered, or posted by mail within ten (10) days of the decision or act of the city clerk or city. When a timely appeal has been made, the hearing shall be held pursuant to this section; any request for hearing received shall not entitle the requesting party to a hearing.
2. Upon receipt of a timely request for hearing and the appointment of a hearing officer, the hearing officer shall set a hearing to be held within ten (10) days from said receipt and, further shall give no less than seven (7) days' notice to the requesting party of the time, date, and location of said hearing. The hearing may be reset by agreement of the parties, as confirmed in writing, but in no event shall the hearing be held any later than thirty (30) days after the date of the action or decision being appealed.
3. The hearing shall be informal in nature, and the parties may be represented by counsel or appear on their own behalf. After reviewing the evidence presented, the hearing officer shall make a written ruling within five (5) days of the hearing affirming or vacating the decision or act of the city clerk or city under this chapter.
S. Service Of Notice: Except where expressly provided otherwise, notices required under this chapter shall be served by one or more of the following methods:
1. Mailing by both regular mail and certified mail, as defined in Iowa Code Section 618.15 (2021), to the last known address of the licensee and/or registered manager.
2. Hand delivery and mailing by regular mail to the licensee and registered manager.
3. Personal service on the licensee and registered manager pursuant to Iowa Rule of Civil Procedure 1.305.
4. Any other method of providing notice that results in the notice actually being received by the licensee and registered manager.
5. In the event the licensee is a business entity, service shall be made upon the registered agent on file with the Iowa Secretary of State. If the licensee is a business entity that has failed to register, or is not required to register as a registered agent with the Iowa Secretary of State, service upon the registered manager shall be deemed sufficient under this chapter.
T. Alternative Means Of Enforcement: Without negating, restricting, or otherwise limiting any conditions or sanctions imposed pursuant to this chapter, this chapter may also be enforced by any lawful means, including but not limited to the following:
1. Prosecution as a simple misdemeanor in accordance with Title 1 of the Waterloo Municipal Code and Chapter 364 of the Iowa Code.
2. The filing of a municipal infraction in accordance with Title 1 of the Waterloo Municipal Code and Chapter 364 of the Iowa Code.
U. Administrative Rules: The city clerk is authorized to establish administrative rules not inconsistent with any ordinance to carry out the provisions of this chapter. A copy of said rules shall be on file at the office of the city clerk. (Ord. 5263, 1-26-2015; amd. Ord. 5606, 7-6-2021)