HomeMy WebLinkAbout2005-04-18 Ordinance Prepared by Marian K. Karr, City Clerk, 410 East Washington St., Iowa City, IA 52240 (319)356-5041
ORDINANCE NO. 05-
AN ORDINANCE AMENDING CITY CODE TITLE 4, CHAPTER 3, ENTITLED "OUTDOOR SERVICE
AREAS; SEASONAL, FIVE DAY OR FOURTEEN DAY LICENSES AND PERMITS," SECTION 1,
ENTITLED "OUTDOOR SERVICE AREAS," ARTICLE C, ENTITLED "REGULATION OF OUTDOOR
SERVICE AREAS," SUBSECTION 1, ENTITLED "LOCATION RESTRICTIONS", SUBSECTION 2,
"SCREENING FROM PUBLIC VIEW", SUBSECTION 3, "ENTRANCES AND EXITS"; SUBSECTION D,
"EXEMPTIONS FROM REGULATIONS"; AND SECTION 4, ENTITLED "REGULATIONS AND
REQUIREMENTS FOR TEMPORARY OUTDOOR SERVICE AREAS AND SEASONAL, FIVE DAY
AND FOURTEEN DAY PERMITS AND LICENSES," SECTION A, ENTITLED " LOCATION",
SUBSECTION 2.
WHEREAS, current City Code sets forth requirements for selling alcoholic beverages on
private property for licensed establishments; and
WHEREAS, the current requirements make distinctions for establishments in the CB-10 zone; and
WHEREAS, no evidence exists that would require the distinctions for the CB-10 zone and other
private property establishments; and
WHEREAS, having the same requirements for all outdoor service areas would eliminate confusion
and aid enforcement and inspections.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. Section 4-3-1, Subsection C, entitled "Regulation of Outdoor Service Areas," Subsection 1,
entitled "Location Restrictions" is hereby amended by repealing Cl(b) in its entirety and adding the following
new C1 (b):
An outdoor service area shall not be located on any side of a licensed establishment which fronts
on a street unless the outdoor service area is being operated in conjunction with a "restaurant" as defined
in section 4-1-1 of this title.
SECTION II. Section 4-3-1, Subsection C, entitled "Regulation of Outdoor Service Areas," Subsection
2, entitled "Screening From Public View" is hereby amended by repealing in its entirety and adding the
following:
Outdoor Service Areas are required to provide a permanent decorative fence or other suitable
barrier at least three feet (3') in height but no more than eight feet (8') in height which is detectable by
persons who are visually impaired. Emergency exits shall comply with all building, housing and fire codes.
SECTION Ill. Section 4-3-1, Subsection C, entitled "Regulation of Outdoor Service Areas,"
Subsection 3, entitled "Entrances and Exits" is hereby amended by repealing it in its entirety and adding
the following:
Emergency exits shall comply with all building, housing and fire codes.
SECTION IV. Section 4-3-1, Subsection D, entitled "Exemptions From Regulations," is hereby
amended by repealing it in its entirety and the subsection be reserved for further use.
SECTION V. Section 4-3-4, Subsection A, entitled "Location," Subsection 2, is hereby amended by
repealing it in its entirety and adding the following:
A temporary outdoor service area operated in conjunction with a licensed establishment shall not
be located on any side of the licensed establishment which fronts on a street unless the outdoor service
area is being operated in conjunction with a "restaurant" as defined in section 4-1-1 of this title.
SECTION VI REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VII. 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 unconstitutional.
Ordinance No.
Page 2
SECTION VIII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of April, 2005.
MAYOR
ATTEST:
CITY CLERK
._...~oved by
City Attorney's Office
clerk/ord/outdoor.doc
Ordinance No.
Page __
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
First Consideration 4/].8/05
Voteforpassage:AYES: Lehman, 0'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Elliott. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published