HomeMy WebLinkAbout2005-10-18 Ordinance Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 4, ENTITLED, "ALCOHOLIC BEVERAGES," CHAPTER 5,
ENTITLED, "PROHIBITIONS AND RESTRICTIONS," SECTION 4, ENTITLED, "REGULATION OF
PERSONS UNDER LEGAL AGE" TO PROVIDE THAT SECOND AND SUBSEQUENT OFFENSE
VIOLATIONS MAY BE BASED ON A PRIOR CONVICTION UNDER EITHER CITY ORDINANCE OR
STATE LAW.
WHEREAS, Ordinance No. 05-4162 provides enhanced penalties for second and subsequent
convictions for possession of alcohol under the legal age (PAULA);
WHEREAS, Ordinance No. 05-4162 substantially mirrors the PAULA provision in state law at section
123.47(3) of the Code of Iowa;
WHEREAS, the enhanced violation under the City Ordinance should be based on a prior PAULA
conviction either under the City Ordinance or under state law;
WHEREAS, the present ordinance should be clarified to provide specifically that the prior conviction, for
purposes of enhancement, may be based on a violation of section 123.47(3) of the Code of Iowa; and
WHEREAS, it is in the public interest to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section 4
entitled "Regulation of Persons under Legal Age," Paragraph A1 is amended by adding a new subparagraph
e as follows:
In determining if a violation charged is a second or subsequent offense, conviction for violation of
this section or section 123.47 of the Code of Iowa shall be counted as previous offenses.
SECTION II. REPEALER. All ordinances and pads of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION Ill. 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.
SECTION IV. EFFECTIVE DATE. This Ordinance shall take effect upon publication.
Passed and approved this day of ,2005.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
· sue/ord&res/CabOrd.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 ! 0! ] 8/05
Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott,
Lehman. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published