HomeMy WebLinkAbout1997-06-18 OrdinancePrepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 97-3790
AN ORDINANCE AMENDING CITY CODE TITLE
4, ENTITLED "ALCOHOLIC BEVERAGES,"
CHAPTER 1, ENTITLED "DEFINITIONS", SEC-
TION 1, ENTITLED "DEFINITIONS; TITLE 10,
ENTITLED "USE OF PUBLIC WAYS AND PROP-
ERTY", CHAPTER 3, ENTITLED "COMMERCIAL
USE OF SIDEWALKS", SECTION 1, ENTITLED
"DEFINITIONS"; AND TITLE 4, ENTITLED
"ALCOHOLIC BEVERAGES," CHAPTER 2,
ENTITLED "LIQUOR LICENSES AND BEER
PERMITS", SECTION 2, ENTITLED "PREMISES
REQUIREMENTS.
WHEREAS, the City desires to clarify that
liquor and beer may only be served, consumed,
and stored on the ground floor of an establish-
ment unless the establishment is a hotel, motel,
restaurant or private club; and
WHEREAS, it is in the public's interest,
safety, and welfare to provide that restaurants
which serve liquor and beer must serve food on
all floors on which liquor and beer are served
while the kitchen is open.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. Title 4, entitled "Alcoholic Bever-
ages", Chapter 1, entitled "Definitions", Sec-
tion 1, entitled "Definitions" is hereby amended
by repealing the definition of "Restaurant" and
inserting a new definition of "Restaurant" to
read as follows:
Restaurant: A business whose primary
function is the service of food to customers
and which meets the following criteria:
A. Prepares meals on the premises and
provides meal service to each floor of the
premises which is open to the public while the
kitchen is open;
B. Has a food service menu from
which customers may order;
C. Has an employee whose primary
duty is the preparation of food and an employ-
Ordinance No. 97-3790
Page 2
ee whose primary duty is to serve food to
customers;
D. Has a kitchen separate from the bar
equipped with all of the following: a stove, a
griddle, a grill or broiler, and a food refrigeration
unity with a capacity in excess of twenty (20)
cubic feet;
E. Operates the restaurant service
during at least sixty percent (60%) of the hours
that the business is open to the public; and
F. Holds itself out to be a restaurant
and advertises itself as a restaurant if it adver-
tises.
G. Includes a care, cafeteria, coffee
shop, delicatessen, ice cream shop, lunchroom,
or tearoom.
SECTION Ill. Title 10, entitled "Use of Public
Ways and Property", Chapter 3, entitled "Com-
mercial Use of Sidewalks", Section 1, entitled
"Definitions" is hereby amended by repealing
the definition of ~'Restaurant" and inserting a
new definition of "Restaurant" to read as fol-
lows:
Restaurant: A business whose primary
function is the service of food to customers
and which meets the following criteria:
A. Prepares meals on the premises and
provides meal service to each floor of the
premises which is open to the public while the
kitchen is open;
B. Has a food service menu from
which customers may order;
C. Has an employee whose primary
duty is the preparation of food and an employ-
ee whose primary duty is to serve food to
customers;
D. Has a kitchen separate from the bar
equipped with all of the following: a stove, a
griddle, a grill or broiler, and a food refrigeration
unity with a capacity in excess of twenty (20)
cubic feet;
E. Operates the restaurant service
during at least sixty percent (60%) of the hours
that the business is open to the public; and
F. Holds itself out to be a restaurant
and advertises itself as a restaurant if it adver-
tises.
G. Includes a cafe, cafeteria, coffee
shop, delicatessen, ice cream shop, lunchroom,
or tearoom.
SECTION III. Title 4, entitled "Alcoholic Bever-
ages", Chapter 2, entitled "Liquor Licenses and
Ordinance No. 97-3790
Page 3
Beer Permits", Section 2, entitled "Premises
Requirements" is hereby amended by repealing
subparagraph A.2., and inserting a new sub-
paragraph A.2. to read 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 contain windows which permit
visibility of its interior from the public way,
except for hotels, motels, restaurants and
private clubs. An establishment will be consid-
ered to be on the ground floor if it is located on
a mall level. This provision shall not be applica-
ble to establishments which were licensed prior
to the effective date of this ordinance.
SECTION IV. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconsti-
tutional.
SECTION VI. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this ~[8f, h day of
June ,19 97 ·
MAYOR~-
ATTEST: ~
CITY CLERK
A~rove~ b~ _
City Attorney's Office
Ordinance No. 97-3790
Page 4
It was moved by Kubb¥ and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Baker
X Kubby
X Lehman
X Norton
X Novick
x Thornberry
X Vanderhoef
lehman that the
First Consideration 6/17/97
Vote for passage: AYES:
Vanderhoef, Baker, Kubby.
Lehman, Norton, Novick,The~nbe~ry ,
NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
6/20/97
Moved by Kubby, seconded by Norton, that the rule requiring ordinances
to be considered and voted on for passage at two Council meetings prior
to the meeting at which it is to be finally passed be suspended, the
second consideration and vote be waived and the ordinance be voted upon
for final passage at this time. AYES: Vanderhoef, Kubby, Lehman,
Norton, Novick, Thornberry. NAYS: None. ABSENT: Baker.