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HomeMy WebLinkAbout1977-12-06 Public Hearing0 0 CITY OF,,IOWA CITY CIVIC CENTER A10 E_ W'6HINGT1S' al?� L�'Y I; — I IC. �\ � � ,. NOTICE OF PUBLIC HMRING ON SUSPENSION OR REVOCATION OF A BEER AND LIQUOR LICENSE ISSUED To PZA7,Z ENfER- TAIIq-M, LTD. , d/b/a THE FTF7 is SE. TO: John Randall Winegard NOTICE IS HEREBY GIVEN, that a public hearing will be held before the City Council of the City of Iowa City, Iowa, at thr Civic Center, 410 E. Washington Street, Iaaa City, Iowa, at 7:30 P.M. on December 20 , 1977 , to determine whether the City Council should suspend or revoke a beer and liquor license issued to Pzazz Enttertaircent, Ltd., d/b/a The Fieldhouse on July 28, 1977, for selling or dispensing alcoholic beverages between the hours of 2:00 A.M. and 6:00 A.M. on the Irorning of November 2, 1977, said acts being in violation of Section 123.49(2)(b) of the Code of Iowa, 1977. Following said public hearing the City Council shall make a determination as to whether a violation of said regulations has occurred and whether said license should be suspended or revoY.ed. G z Abbie Stolfus ' RECEIPT FOR CERTIFIED MAIL -30)' —John -Randall -Win STREET AND NO. _821 Easy _Str_e_et ^,0.. STATE ANO IIP CODE Burlington, Iowa S[FYIC6 OCIIVfR TO a00R['. SP[CIAf D[l1V[RY � PS Form 3DOO Apr. 1971 -(DSc :.ree.. ase ...850. NO INSURANCE COVERAGE PROVIDED— (See oPh., Ods) NOT FOR INTERNATIONAL MAIL eOPOtIRTAO-YNI.io 0 E CITY OF IOWA CIVIC CENTER d10 E 1','• •'>: f ;'_ " NOTICE OF PUBLIC HEARING ON SUSPENSION OR REVOCATION OF A BEER APED LIQUOR LICENSE ISSUED T7 PZA7.Z ENfER- TAII,Mn, LTD., d/b/a THE FIL'I.DIfOUSE. TO: John Randall Winegard CITY NOTICE IS HEREBY GIVEN, that a public hearing will be held before the City Council of the City of Iowa City, Iowa, at tlr Civic Center, 410 E. Washington Street, Iowa City, Iola, at 7:30 P.M. on December 20 , 1977 , to determine %utter the City Council should suspend or revoke a beer and liquor license issued to Pzazz Entertairatent, Ltd., d/b/a The Fieldhouse on July 28, 1977, for selling or dispensing alcoholic beverages between the hours of 2:00 A.M. and 6:00 A.M. on the morning of November 2, 1977, said acts being in violation of Section 123.49(2)(b) of the Code of Iowa, 1977. Following said public hearing the City Council shall mike a determination as to whether a violation of said regulations has occurred and whether said license should be suspended or revoked. I r a Abbie Stolfus RECEIPT FOR CERTIFIED MAIL -30t (pII SENT TO _John_Randall_Winegard___. _ ... ,y LA N O z STREET AND NO. 821 Easy Street P.O. STATE AND IIP CODE Bu_rlingto_n, Iowa 52601 _ _OPTIONAL SERVICES COR ADDITIONAL EELS _ RETEAN 1 Shors 11 whom and data delivered RECEIPT Pnih dell ay to Address., only 3 SNOY. 10 MNem dote and vinery delivered SERVICES with delivery to .. 35 85� , Addressee only.. ",IV,, TO AOOACSSCC ....... ONIY _ ., SOe �. `y $PCCIAI DEIIVERY (eavc Lee re Wired) -- - .......... PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (Saa oflar ride) Apr. Iv7T NOT FOR INTERNATIONAL MAIL ACPO:I RYA 0•eed-443 *City of Iowa cite MEMORANDUM DATE: November 9, 1977 TO: Neal Berlin, City Manager FROM: Tony Rushnir, Asst. City Attorney RE: Suspension/Revocation of Liquor Control License Dear Neal: Attached please find a memorandum from the Police Chief requesting that the Legal Department cmu ence action to revoke or suspend a beer and liquor permit issued earlier by the City Council to The Fieldhouse bar. Following this request, I have drafted a resolution, which is also attached to this memorandum, authorizing the City Clerk to set a public hearing on whether the license should be revoked or suspended. This resolution is pur- suant to Section 123.39 of the Code of Iowa, 1977, which states in part: "Any liquor control license or beer permit issued under this Chapter may, after notice in writing to the license or permit holder and reasonable opportunity for hearing, and subject to the provisions of 123.50 where applicable, be suspended for a period not to exceed one year or revoked by the local authority or the director for any of the following causes: (2) Violation of any of the provisions of this chapter." Section 123.5 is a penalty provision and prescribes automatic sus- pensions or revokations for the eomnission of certain acts for which the license holder has been convicted. In his merorandum of November 2, 1977, the Police Chief alleges that The Fieldhouse bar violated section 123.99(b) of the Cade of Iowa in selling or dis- pensing an alcoholic beverage or beer on the premises or permitting the consuaption thereon between the hours of 2:00 A.M. and 6:00 A.M. on any weekday. From a reading of the statute it is my opinion that it is not necessary that the license holder be convicted prior to any action by the City Council on his or her license. See also Opinion of the Attorney General, May 13, 1975. This statute does provide, however, that such action may only be taken after a determination by the City Council that a violation in fact has occurred. This determin- ation must be preceded by notice and an opportunity for a hearing. 0 _Z 0 Accordingly, after such a hearing, the City Council must determine whether a violation has occurred and if so the Council must then determine whether the license should be suspended or revoked. Should there be any further questions with regard to this matter, please don't hesitate to contact gym. Thank you. City of Iowa Co+ � 'MEMORANDUM DATE: November 2, 1977 TO: City Legal Staff Neal Berlin, City Manager FROM: Harvey D. Miller, Police Chief RF: Fieldhouse Bar On the morning of November 2, 1977 a Stephen Kirk, who purports to be Manager of the Fieldhouse Bar, was charged by Iowa City Police Officers with selling/dispensing alcoholic beverages between the hours of 2:00 a.m. and 6:00 a.m. This is a violation of both City Code and the Code of Iowa. Records (copies attached) of the Iowa City Police Depart- ment indicate that the police were summoned to the Fieldhouse Bar twenty-nine times during calendar 1976 and twenty-seven times thus far in calendar 1977. I refer you to the following provisions of the State Code: 123.49 (2. No person or club holding a liquor control license or retail beer permit under the chapter, nor his agents or employees, shall do any of the following:) 123.49 (b) Sell or dispense any alcoholic beverage or beer on the premises covered by the license or permit, or permit the consumption thereon between the hours of two a.m. and six a.m. on any weekday, and between ...(Sunday hours). 123.50 of the State Code provides the following penalties for violations of this statute: 123.50 (2) The conviction of any liquor control licensee or beer permitted for the violation of any of the provisions of section 123.49 shall, subject to subsection 3 of this section, be grounds for the suspene-ion-o evocation of the license or permit by the department or eal authority. _ I respectfully suggest that the legal mechanism be--\ set in motion to suspend or revoke the liquor license and beer permit of the Fieldhouse Bar. Any information or assistance that can be the Police Department will be provided. cc: Sgt. Evans Sgt. Harris U 0 An Official Opinion Front the Office of RICHARD C. TURNER Attorney General of Iowa Hay 13. 1975 r� LIQUOR, BEER S CIGARSITG.S: Suspension or revocation of n liquor license or beer permit and incompatibility of duties of county and city attorneys. §$123.39, 123.19 and 123.50, Code of lo6va. 1975. A criminal conviction is not necessary for revocation or suspension of a license or permit. A county attorney may riot, as u private attorney. represent it municipality in a license revocation or suspension proceeding. (Shima- nek to Eller, Crawford County Attorney, 5.13.75) Mr. Thomas R. Eller, Crntcford County Alforney: You have requested an opinion on two unrelated matters. First, you would like to know whether a criminal conviction under §§123.49 and 123.50, Code of lowu, is necessary for suspension or revocation of it liquor license or beer permit under §123.39, Code of Iowa. Second, you wonder whether there would be any conflict of interest with your duties as county attorney if you were hired as n private attorney by s municipality in represent the municipality in a license revocation or suspension proceeding. Section 123.39, Code of Iowa, sets out the grounds for revocation or suspension. That section slates that: "Any liquor control license or beer permit issued tinder this chapter may, after notice in writing to the license or permit holder and reason. able opportunity for hearing, and subject to section 123.60 where applic. able, be suspended for a period not to exceed one year or revoked by the local authority or the director for any of the following causes ... The relevant portion of §123.50, Code of Iowa, provides that: 112. The conviction of any liquor control licensee or liver permittee for a violation of any of the provisions of section 123.40 shall, Subject to subsection 3 of this section, be grounds for the suspension or revoca- tion of the license or permit by the department or the local authority. However, if any liquor control licensee is convicted of any violation of subsection 2, paragraphs 'a; '<I' or 'c' of such section, or tiny leer permittee is convicted of a violation of paragraph 'a. the liquor control license or beer permit shall be revoked and shall immediately be sur- rendered by the holder, and the bond of the license or permit holder shall be forfeited to the department." Section 123.49, Code of Iowa, contains a list of miscellaneous prohibitions. Clearly, under §123.50, conviction of violation of certain portions of §123.49 will lead to immediate suspension or revocation, but is such a conviction always necessary? We think not. Section 123.39, which lays down the ground for revocation or suspension, speaks only of violation of any of the provisions of the ]own Beer and Liquor Control Act, not of convictions. Therefore, it is our opinion a liquor license nr beer permit can be revoked or suspended pursuant to §123.39 without a prior criminal conviction. As for your second Inquiry, a similar situation was discussed in an Attorney General's opinion issued November 29, 1965. In 1960 OAG 115, the question was whether a county attorney could represent a munici. polity in a beer bold forfeiture action. The conclusion was that the offices of county attorney and city attorney are incompatible and that a county attorney could not represent a municipality in such a case. 6612 LIQL'Olt, BEER ASU 1'.16.1Bol—1 G5 NOTICE OF PUBLIC HEARING ON PROPOSED ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA BY ADOPTING THE 1976 EDITION OF THE UNIFORM PLUMBING CODE WITH CERTAIN AMENDMENTS; REPEALING ORDINANCE NO. 2710 AND PROVIDING FOR ITS ENFORCEMENT. Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 P.M. on the 6th day of December, 1977, in the Council Chambers in the Civic Center, Iowa City, Iowa. At which hearing, the Council will consider arguments for or against the proposed adoption of the 1976 Edition of the above-named Unifonn Code together with the ordinance setting forth other modifications. A copy of said Code and said Ordinance is now on file in the Office of the City Clerk of Iowa City, Iowa, for examination by persons interested therein. Dated this 21st day of November, 1977. 11/21/77 /s/ ABBIE STOLFUS, CITY CLERK, y/ 6,6 Printers fee OFFICIAL PUBLICATION CERTIFICATE OF PUBLICATION q q oF'RtniMxu is CHUR116 [ryibee Pr"SID STATE. OF IOWA, Johimm County, ss: ' OF WE cm OA1 W cin, IW, DY THE IOWA CITY PRESS -CITIZEN ApFtlh6 Tit ion COoM M 1x1 - • .. - . leN0x4 ROOM M YIOI fJg4x UixVLLxnt RIMA IK. OoOIMM M. =Flo Axe MOYIOIK 1M Ili Cxregllehi. hotlu It hereby yy1 th.l . Milt he.rl, .111 4e MI6 N the CIN fount 11 of 10-. City. lo-.. et 9'. A rh hn let Mtn ar of July, nn, In the Courtin Vicky J. Curtis, being duly sworn say that I reephe In IM Ctrl[ 6.4y. Ian Elly, I ... At !-.Io wrim the wN vi hill .i ft, .r9p+nu am the cashier of the IOWA CITY PRESS - for pr Igl.tl the MpooNO .motion of the 1914 161t1on of the .W.-h..n6 mlfon Coa, lo9rlhn ILEN, a newspaper, published to said VIA th."he"' wlllrq forth oth.r.oalf lullonl. A torr or wm [oa en6 W6 OMI.q. II M. M file /Count}', arta that a notice, a printed copy of �`""» `"1•V'"`_' In the OYfll. of I" City (led Of 10-. City. Io-., I\/ _J fpr n,MINIiM Or a.rfMt InUMle6 ln.reln. which Is h roto attach, was published in said atea inti 16th ay pl JuIY. Ivn. 1 P .eau SIMM. nn nlxr Taper J�' times, on the following July 16. 1977 a e . — --- 1 _ 6 �) i✓ Ca- \, shier Subscribed g and sworn to before me this � — . . r --U= « ry ublic ,+ 4 V. BULGN RElAINGWAY "•• ""=-"""`"n^'� No. IOtlI� 7 (IY CONMIS910N EXPIRES. Septaober39,1977 F. w..........6u�.�acr..r.l.. ,.. as 1. ,. w.,a.... ... _.. .. .,. .: _ ..-.... _.