HomeMy WebLinkAbout1982-07-20 OrdinanceORDINANCE NO. 82_3071
ORDINANCE AMENDING CHAPTER 5 BY ADDING A NEW
SECTION 5-10 TO THE CODE OF ORDINANCES OF THE CITY
OF IOWA CITY, IOWA.
SECTION 1. PURPOSE. The purpose of this amendment
is to prescribe closing hours for certain
establishments which sell alcoholic liquor or beer,
to prohibit presence on said premises by
unauthorized persons when said premises are
required to be closed, and to regulate additional
hours when certain establishments may remain open
for business.
SECTION 2. AMENDMENT. Chapter 5 of the .Code of
Ordinances of the City of Iowa City, Iowa, is
hereby amended by adding the following new section:
Section 5-10. Hours of Business.
(a) "Closing hours." Subject to the
provisions of Section 5-10(d), the
following closing hours shall apply
to any and all premises covered by a
Class "A", B", or "C" liquor control
license or Class "B" beer permit
under this chapter:
(1) Said premises shall be closed
for business between the hours
of 2:00 a.m. and 6:00 a.m. on
any weekday, and between the
hours of 2:00 a.m. on Sunday
and 6:00 a.m. on the following
Monday; however, premises .
covered by the holder of a
liquor control license or beer
permit who has been granted the
privilege of.selling alcoholic
liquor or beer on Sunday may
remain open for business
between the hours of noon and
10:00 p.m. an Sunday.
(2) For the purposes of this
chapter, "weekday" is defined
to include Monday, Tuesday,
Wednesday, Thursday, Friday,
and Saturday.
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(b) "Other uses." No premises described
in Section 5-10(a) shall be used for
any commercial, recreational,
entertainment, or other use or
purpose between the hours said
premises is required to be closed as
provided in this chapter.
(c) "Presence on premises after
closing." It shall be unlawful for
any person, nor shall any licensee
or permittee under this chapter or
his/her agents or employees permit
any person to enter or remain on any
premises described in Section 5-
10(a) between the hours said
premises is required to be closed
for business as provided in this
chapter except that persons already
in said premises at time of closing
shall be allowed an additional
fifteen (15) minutes to depart;
however, the licensee or permittee
and his/her agents or employees may
be present on said premises after
closing for the purposes of
cleaning, maintenance, or
performing other necessary work on
said premises.
(d) "Additional hours." The City may
authorize by.resolution of the City
Council that any establishment
holding a Class "A", "B", or "C"
liquor control license or Class "B"
beer permit for whom the sale of
goods and services other than
alcoholic liquor or beer
constitutes fifty (50) percent or
more of the gross receipts from the
licensed premises may remain open
additional hours beyond the hours
prescribed in Section 5-10(a) but
only for the purpose of selling
goods and services other than
alcoholic liquor or beer. To apply
for such authorization, the
licensee or permittee shall submit a
written and verified application to
the City Clerk, upon a form provided
by the City Clerk, listing certain
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information including the
following: 1) total gross receipts
for the past 90 days from the
establishment, 2) gross receipts
for the past 90 days from the sale
of alcoholic liquor and/or beer, and
3) additional hours requested to
remain open. Said application shall
be accompanied by copies of the
establishment's most recent federal
and state income tax returns and
annual sales tax report. In the
event that the applicant receives
authorization to remain open for
additional hours, the applicant
shall file with the City Clerk on a
quarterly basis a written report,
upon a form provided by the City
Clerk, setting forth gross receipts
information, copies of quarterly
sales tax reports, copies of federal
and state income tax reports when
filed, and such further pertinent
information as the City Council may
require. The City of Iowa City by
its authorized agent shall be
permitted full access during all
reasonable business hours to all
records, reports, audits, tax
reports, and any other documents or
papers pertinent to gross receipts
from any establishment which has
applied for or received
authorization to remain open
additional hours. Failure to make
reports or to permit access to
records as required in this section
shall be cause for the withdrawal of
the additional hours authorization
by the City Council.
SECTION 3. REPEALER.
parts of ordinances
provision of this
repealed.
All ordinances and
in conflict with the
ordinance are hereby
SECTION 4. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional,
such ajudication shall not affect the validity
of the Ordinance as a whole or any section,
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provision or part thereof not adjudged invalid
or unconstitutional.
SECTION 5. EFFECTIVE DATE. This Ordinance
shall be in effect after its final passage,
approval and publication as required by law.
Passed and approved this 20th day of July, 1982.
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Recdved A Approved
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It was moved by Perret , and seconded by Balmer
that the Ordinance as read be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
x BALMER
x DICKSON
x ERDAHL
_cx LYNCH
x MCDONALD
x NEUHAUSER
x PERRET
First consideration 6/22/82
Vote for passage: Ayes -.McDonald, Neuhauser, Perret,
Balmer, Dickson, Erdahl, Lynch. Nays: None.
Second consideration 7/6/82
Vote for passage: Ayes: eu auser, Perret, Balmer,
Dickson, Erdahl, Lynch, McDonald. Nays: None.
Date published 7/28/82
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