HomeMy WebLinkAbout2006-07-31 Ordinance
Prepared by: Susan Dulak, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240: 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 2,
ENTITLED "LIQUOR LICENSING AND BEER PERMITS" BY AMENDING SECTION 2 TO ALLOW
LIVE PERFORMANCE THEATERS TO SERVE AND CONSUME ALCOHOL ABOVE THE
GROUND FLOOR.
WHEREAS, City Code section 4-2-2 limits the sale and consumption of alcehol pursuant to a liquor
license or beer/wine permit to the ground floor except for hOlels, motels, restaurants, and private clubs;
WHEREAS, live performance theaters which have liquor licenses or beer/wine permits should be
granted a similar exception to the general ground floor limitation: and
WHEREAS, it is in the best interest of the City to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 4, entitled "Alcoholic Beverages," Chapter 2, entitled "Liquor Licensing and Beer Permits,"
Section 2, entitled "Premises Requirements," Subsection B is hereby amended by deleting n in its
entirety and adding a new Subsection B as follows:
No liquor control license nor beer permit for serving and consuming on premises shall be approved
for an establishment which is not located on the ground floor of a building and which does not centain
windows which permit visibility of Its interior from the public way, except for hotels, motels, restaurants,
private clubs, and theaters that have live performances as their principle function. An establishment will
be considered to be on the ground floor if it is located on a mall level. This provision shall not be
applicable to establishments which were licensed prior to the effective date hereof
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. ~ any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shali not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after lis final passage, approval and
publication, as provided by law.
Passed and approved this _ day of , 2006.
MAYOR
ATTEST:
CITY CLERK
Approved by
~~ ~- a" -C:>~
City Attorney's Office
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 07/3] /06
Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey
Champion, Correia. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published