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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.