HomeMy WebLinkAbout2001-05-01 Ordinance Prepared by: Robert Miklo. Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
0r'd'inance No. 01-3964
ORDINANCE AMENDING THE ZONING CHAPTER BY DESIGNATING THE GOVERNOR-
LUCAS-BOWERY STREET CONSERVATION DISTRICT AS A CONSERVATION OVERLAY
(OCD) ZONE~ CONTAINING PROPERTIES LOCATED ALONG S. GOVERNOR AND S.
LUCAS STREETS~ SOUTH OF BURLINGTON STREET~ AND ALONG BOWERY STREET
BETWEEN LUCAS STREET AND THE SUMMIT STREET HISTORIC DISTRICT.
WHEREAS, the Iowa City Municipal Code authorizes the Historic Preservation Commission
to nominate and the City Council to designate conservation districts, where deemed appropriate,
as a means of preserving the neighborhood character of traditional Iowa City neighborhoods, or
for preserving areas that exemplify unique or distinctive development patterns; and
WHEREAS, the Historic Preservation Commission has studied an area consisting of
properties located along S. Governor and S. Lucas Streets, south of Burlington Street, and along
Bowery Street between Lucas Street and the Summit Street Historic District, to determine its
eligibility for designation as a historic or conservation district, and
WHEREAS, the Historic Preservation Commission has determined that said area meets the
eligibility criteria for designation as a conservation district. and has prepared a conservation
district report. as required by City Code Section 14-6J-4C, which recommends that such
designation be considered; and
WHEREAS, the Historic Preservation Commission feels that designation of the subject area
as a conservation district will help stabilize property values and encourage reinvestment in older
neighborhoods by providing for design review of new construction or alterations of existing
buildings to assure compatibility with the existing character of the district, will encourage the
retention of existing contributing structures within the district, and will protect the environmental
setting of the Summit Street Historic District. located immediately east of the proposed district
boundaries; and
WHEREAS, at its January 11, 2001 public hearing, the Historic Preservation Commission
nominated said district for designation as a conservation district; and
WHEREAS, at its March 1, 2001 meeting, the Planning and Zoning Commission
recommended approval of the proposed conservation district designation; and
WHEREAS, the State Historical Society of Iowa has reviewed the proposed nomination and
concurs with the recommendations contained within the above referenced conservation district
report; and
WHEREAS. the Historic Preservation Plan and Comprehensive Plan both encourage the
preservation of the character of older Iowa City neighborhoods; and
WHEREAS, the designation of this neighborhood as a conservation district would be
consistent with the goals and objectives of the City's Historic Preservation Plan. which has been
incorporated as part of the City's Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. The following described property is hereby designated as a
Conservation Overlay (OCD) Zone and subject to the provisions and guidelines contained within
the Governor-Lucas-Bowery Street Conservation District Report, incorporated herein by this
reference:
Commencing at the northwest corner of Strohrn's Addition. Block 1, Lot 1, westerly 30 feet
and southerly 30 feet to the point of beginning, which is in the center of the Lucas Street
right-of-way, then southerly 567.8 feet, southeast 561.81 along the northern right-of-way line
of the Iowa Interstate Railroad, northerly 838.08 feet to the southern right-of-way line of
Bowery Street, easterly 42.65 feet, northerly 968.83 feet, westerly 42.69 feet, northerly 220
feet, westerly 75 feet, northerly 98 feet, westerly 120 feet to the center of the Governor Street
right--of-way, then southerly 245.56 feet, westerly 199.98 feet, northerly 80 feet, westerly 160
feet, northerly 20 feet along the eastern right-of-way line of Lucas Street, then easterly 120
feet, northerly 130 feet, westerly 150 feet to the center of the Lucas Street right-of-way, then
northerly 70 feet, westerly 114.69 feet along the southern right-of-way line of Burlington
Ordinance No. 01-3964
Page 2
Street, then southerly 110 feet, westerly 88 feet to the center of the right-of-way of the alley
running north and south between Lucas and Dodge Streets, southerly 1343.57 feet to the
southern right-of-way line of Bowery Street, westedy 10 feet to the center of the right-of-way
of the alley running south of Bowery Street between Lucas and Dodge Streets, southerly 220
feet. eastedy 70 feet, northerly 60 feet, and easterly 152.5 feet to the point of beginning.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to
change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the
final passage, approval and publication of this ordinance as provided by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the
Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance
and to record the same at the office of the County Recorder of Johnson County, Iowa, all as
provided by law.
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 Ordinance shall be in effect after its final passage.
approval and publication, as provided by law.
Passed and approved this 1Stday of May ,2001.
Cit~ ~ rn~
Ordinance No. 01-3964
Page 3
It was moved by Vanderhoef and seconded by t4~ 1 burn that the Ordinance
as mad be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
~( Vanderhoef
X Wilbum
First Consideration 4/3/01
Voteforpassage:AYES: Pfab, Vande~'hoef, 14'ilburn, Champion, Kanner, Lehman,
0'Donne]'l. NAYS: None. ABSENT: None.
Second Consideration 4/17/01
Voteforpassage:AYES: O'Donne]I, Pfab, Vanderhoef, i4i~burn, Champion, Kanner,
Lehman, NAYS: None. ABSENT: None.
Date published 5/9/01
Prepared by: Eleanor Diikes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 01-3965
ORDINANCE AMENDING TITLE 1, ENTITLED "ADMINISTRATION", CHAPTER 4, ENTITLED
"GENERAL PENALTY", SECTION 'I{B) TO INCREASE THE MAXIMUM CRIMINAL PENALTY
FOR SIMPLE MISDEMEANORS TO $500 AS AUTHORIZED BY STATE CODE.
WHEREAS, City Code sets the criminal penalty for a simple misdemeanor, unless another
penalty is specified, at a maximum fine of $100 or a sentence not to exceed 30 days in jail; and
WHEREAS, state law now authorizes cities to impose a maximum penalty for simple
misdemeanors in the amount of $500; and
WHEREAS, the City Council desires to increase the maximum criminal penalty to $500, as
authorized by state code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT. Section 1-4-1(B) City Code is hereby deleted and the following
substituted in lieu thereof:
B. Criminal penalty: The doing of any act prohibited or declared to be unlawful, an offense or
a simple misdemeanor by this Code or any ordinance or Code herein adopted by reference, or the
omission or failure to perform any act or duty required by this Code or any ordinance or Code
herein adopted by reference, is a simple misdemeanor and is, unless another penalty is specified
or the violation is scheduled under state law, punishable by a penalty not exceeding five hundred
dollars ($500) or in excess of thirty (30) days' imprisonment.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi-
sions 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 whoIe or any section, provision or part thereof not adjudged invalid or unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
Pas and approved this 1st, day of Nay ,20. 01
City Attorney's Office
Ordinance No. 01-3965
Page 2
It was moved by 0' Donne'l 1 and seconded by Pfab that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X . Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhcef
X Wilbum
First Consideration 4/4/03.
Voteforpassage: AYES: Champion, Kanner, Lehman, O'Donne]], Pfab,Vanderhoef,
Wi]burn. NAYS: None. ABSENT: None.
Second Consideration 4/3.7/01
Voteforpassa e: AYES: t4i]bu~'n, Champion, Kanne~', Lehman, 0'Donne]], Pfab,
Vanderhoef. NA~/'~: None. ABSENT: None.
Date published 5/9/03.
DEFEATED
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING THE CITY CODE OF THE CITY OF IOWA CITY, IOWA, BY
ENACTING NEW SECTIONS NUMBERED 4-2-3, ENTITLED "LOCAL REVIEW OF
APPLICATION/INVESTIGATION OF APPLICANT"; SECTION 4-2-4, ENTITLED "NOTICE
AND HEARING"; AND SECTION 4-2-5, ENTITLED "CIVIL PENALTIES"; REVISING
SECTION 4-5-4 ENTITLED "REGULATION OF PERSONS UNDER LEGAL AGE";
ENACTING A NEW SECTION 4-5-6 ENTITLED "SALES TO INTOXICATED PERSONS";
AND ENACTING A NEW SECTION 4-5-7 ENTITLED "LIMITATIONS ON SALES", ALL OF
WHICH PROVIDE FOR THE REGULATION OF ALCOHOL SALES.
WHEREAS, underage drinking, binge drinking, and the over consumption of alcohol in Iowa City
have a significant and negative impact on the health, welfare and morals of its citizens, and result in
increased burdens on Iowa City's criminal justice system and social services agencies; and
WHEREAS, it is the intent of the Iowa City City Council to address and discourage underage
drinking, binge drinking, and the over consumption of alcohol and the negative externalities associated
with such behaviors and activities; and
WHEREAS, State law authorizes the City Council as the licensing authority to impose
administrative penalties for, among other things, violations of the Alcoholic Beverage Control provisions
of the Iowa Code and ordinances of the City; and
WHEREAS, it is the intent of the Iowa City City Council to hold holders of liquor control licenses,
wine, or beer permits accountable and responsible for fully and effectively complying with all state laws
and city ordinances with respect to the selling and serving of alcohol to patrons; and
WHEREAS, the City Council desires to address negative impacts associated with such activity
and conduct through accountability, enforcement, and penalties; and
WHEREAS, such accountability, enforcement and penalties are in the best interests of the health,
welfare and morals of the citizens of Iowa City, Iowa for the reasons stated above.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 4 of the City Code, entitled "Alcoholic Beverages" is amended, as
follows:
I. Adding a new section 4-2-3, entitled "Local Review of Application/Investigation of Applicant" as
follows:
Section 4-2-3: Local Review of Application/Investigation of Applicant
A. It shall be the responsibility of the applicant for a liquor control license, beer permit, or wine
permit, or a renewal of any of those, to obtain the appropriate application from the City Clerk.
B. Prior to submission to the City Council, the application must be submitted to the Iowa City
Fire Chief, the Iowa City Chief of Police, the Iowa City Buildin9 Official, and the Johnson County
Health Department and the County Attorney, each of whom will approve or disapprove the
application. It shall be the responsibility of the Fire Chief, Building Official, and Health Department
to inspect the premises and determine if it complies with all applicable state and local laws, rules,
and regulations. The Chief of Police and County Attorney shall each make an investigation to
determine if the applicant is of good moral character as defined in Section 123.3(26) of the Iowa
Code and the Rules of the Iowa Alcoholic Beverages Division. With regard to renewal applications,
that investigation shall include any relevant information about prior operations under the license or
permit. Disapproval of the application by any of the above must be in writing and must set forth the
reasons therefore. Each official reviewing the application must complete the investigation and, if
applicable, the memo setting forth the reasons for disapproval within five working days following
receipt of the application.
II. Adding a new section 4-2-4, entitled "Notice and Hearing" as foIIows:
4-2-4: Notice and Hearing:
The City Council shall provide the licensee or permittee an opportunity to be heard prior to the
imposition of a civil penalty, suspension or revocation or disapproval of an application for renewal.
Notice may be given by personal service or first-class mail directed to the manager or contact
person of the applicant as listed on the application. Notice by personal service must be given at
least five days before the hearing. Notice by first-class mail is effective on mailing and must be
given at least six days before the hearing.
III. Adding a new section 4-2-5, entitled "Civil Penalties" as follows:
Section 4-2-5: Civil Penalties
A. Any violation of state law, local ordinance, or the rules of the Alcoholic Beverages Division
by any employee, agent, or servant of a licensee or permittee shall be deemed to be the act of the
licensee or the permittee and shall subject the license or permit of said licensee or permittee to civil
penalties, including suspension or revocation.
B. The City Council may suspend a license or permit for a period not to exceed one year,
revoke the license or permit, or impose a civil penalty not to exceed one thousand dollars ($1,000)
per violation. Before suspension, revocation, or imposition of a civil penalty the license or permit
holder shall be given written notice and opportunity for a hearing in accordance with Section 4-2-4.
C. A license or permit issued may be suspended or revoked, or a civil penalty may be imposed
on the license or permit holder by the City Council for any of the following causes:
1 ) Misrepresentation of any material fact in the application for such license or permit.
2) Violation of any of the provisions of Chapter 123, the Alcoholic Beverages Control provisions
of the Iowa Code.
3) Any change in the ownership or interest in the business operated under a Class "A," Class
"B," or Class "C" liquor control license, or any wine or beer permit, which change was not
previously reported to and approved by the City Council.
4) Any event which would have resulted in disqualification from receiving a license or permit
when originally issued.
5) Any sale, hypothecation, or transfer of the license or permit.
6) The failure or refusal on the part of any licensee or permittee to render any report or remit
any taxes due under Chapter 123 of the Iowa Code.
D. A license or permit issued may be suspended for a period not to exceed one year for
violation of any ordinance or regulation of the City of Iowa City relating to the purchase, possession,
sale, supply, dispensing or giving of alcohol when such ordinance or regulation has no counterpart
under State law.
E. When a liquor license or wine or beer permit is suspended after a hearing as a result of
violation by the licensee, permittee, or the licensee's or permittee's agents or employees, the
premises which were licensed by the license or permit shall not be relicensed for a new applicant
until the suspension has terminated or time of suspension has elapsed, or ninety days have
elapsed since the commencement of the suspension, whichever occurs first. However, this section
does not prohibit the premises from being relicensed to a new applicant before the suspension has
terminated or before the time of suspension has elapsed or before ninety days have elapsed from
the commencement of the suspension, if the premises prior to the time of the suspension have
been purchased under contract, and the vendor under that contract had exercised the persoWs
rights under Chapter 656 of the Iowa Code and sold the property to a different person who is not
related to the previous licensee or permittee by marriage or within the third degree of consanguinity
or affinity and if the previous licensee or permittee does not have a financial interest in the business
of the new applicant.
2
F. A criminal conviction is not a prerequisite to a suspension, revocation, or imposition of a civil
penalty pursuant to this section.
G. If the cause for suspension is a first offense violation of section 123.49, subsection 2,
paragraph "h" of the Iowa Code or section 4-5-4(B) of the City Code, the City Council shall impose a
civil penalty in the amount of five hundred dollars in lieu of suspension of the license or permit.
H. The City Council shall notify the Alcoholic Beverages Division of any action taken under this
section and shall notify the licensee or permit holder of the right to appeal a suspension, revocation,
or imposition of a civil penalty to the Alcoholic Beverages Division.
I. If any licensee, wine permittee, beer permittee, or employee of a licensee or permittee is
convicted of selling, giving, or otherwise supplying any alcoholic beverage, wine, or beer to any
person in violation of section 123.49, subsection 2, paragraph "h" of the Iowa Code or section 4-5-
4(B) of the City Code, in addition to criminal penalties fixed for such violations, the City Council shall
assess a civil penalty as follows:
a. Upon a first conviction, the violator's liquor control license or wine permit or beer permit shall
not be suspended, but rather, the violator shall be assessed a civil penalty in the amount of
$500. Failure to pay the civil penalty will result in automatic suspension of the license or permit
for a period of fourteen days.
b. Upon a second conviction within a period of two years, the violator's liquor control license,
wine permit, or beer permit shall be suspended for a period of thirty days and the violator shall
also be assessed a civil penalty in the amount of $1,500.
c. Upon a third conviction within a period of three years, the violator's liquor control license,
wine permit, or beer permit shall be suspended for a period of sixty days and the violator shall
also be assessed a civil penalty in the amount of $1,500.
d Upon a fourth conviction within a period of three years, the violators' liquor control license,
wine permit, or beer permit shall be revoked
IV. Repealing in its entirety section 4-5-4 and substituting in-lieu-thereof a new section 4-5-4,
entitled "Regulation of Persons Under Legal Age" as follows:
Section 4-5-4: Regulation of Persons Under Legal Age
A. A person or person under legal age shall not purchase or attempt to purchase, or individually
or jointly have alcoholic liquor, wine, or beer in their possession or control; except in the case of
liquor, wine, or beer given or dispensed to a person under legal age within a private home and with
the knowledge, presence, and consent of the parent or guardian, for beverage or medicinal
purposes or as administered to the person by either a physician or dentist for medicinal purposes
and except to the extent that a person under legal age may handle alcoholic beverages, wine, or
beer during the regular course of the person's employment by a liquor control licensee, or wine or
beer permittee under this chapter.
1. A person who is under legal age, other than a licensee or permittee, who violates this
section regarding the purchase of or attempt to purchase alcoholic liquor, wine, or beer, or
possessing or having control of alcoholic liquor, wine, or beer, commits a simple misdemeanor
punishable by a fine of one hundred dollars for the first offense. A second or subsequent
offense shall be a simple misdemeanor punishable by a fine of two hundred dollars and the
suspension of the persoWs motor vehicle operating privileges for a period not to exceed one
year. The court may, at its discretion, order the person who is under legal age to perform
community service work under section 909.3A of the Iowa Code, or an equivalent value to the
fine imposed under this section.
B. 1. An employee or agent of a person or club holding a liquor control license or retail
wine or beer permit shall not sell, give, or otherwise supply any alcoholic beverage, wine, or
beer to any person, knowing or failing to exercise reasonable care to ascertain whether the
person is under legal age, or permit any person, knowing or failing to exercise reasonable care
to ascertain whether the person is under legal age, to consume any alcoholic beverage, wine, or
beer.
2. Any person who violates this section commits a simple misdemeanor punishable as a
scheduled violation under section 805.8, subsection 10, paragraph "a" of the Iowa Code.
3. A person under legal age shall not misrepresent the person's age for the purpose of
purchasing or attempting to purchase any alcoholic beverages, wine, or beer from any licensee
or permittee, If any person under legal age misrepresents the person's age, and the licensee or
permittee establishes that the licensee or permittee made reasonable inquiry to determine
whether the prospective purchaser was over legal age, the licensee or permittee is not guilty of
selling alcoholic liquor, wine, or beer to a person under legal age,
V. Adding a new section 4-5-6, entitled "Sales to Intoxicated Persons" as follows:
Section 4-5-6: Sales To Intoxicated Persons
A person shall not sell, dispense, or give to an intoxicated person, or one simulating intoxication,
any alcoholic liquor, wine, or beer. A person who violates this provision shall be guilty of a simple
misdemeanor.
VI. Adding a new section 4-5-7, entitled "Limitations on Sales", as follows:
Section 4-6-7: Limitations On Sales
A. It shall be unlawful for a holder of a liquor control license, or wine permit or beer permit, or its
employees or agents, to do any of the following:
1. Sell, offer to sell, dispense or serve for on-premises consumption, two or more servings of
any alcoholic liquor, wine, or beer to any one person for the price of one such drink.
2. Sell, offer to sell, dispense or serve for on-premises consumption an unlimited number of
servings of alcoholic liquor, wine, or beer for a fixed price.
3. Increase the volume of alcoholic liquor, wine, or beer contained in a serving, for on-premises
consumption, without proportionally increasing the price charged for such serving.
4. Sell, offer to sell, dispense or serve for on-premises consumption any alcoholic liquor, wine,
or beer at a reduced price from that normatly or customarily charged by the licensee or
permittee.
5. Sell, offer to sell, dispense or serve for on-premises consumption, more than two (2)
servings of any alcoholic liquor, wine, or beer at any one time to any one person. With
respect to alcoholic liquor, beer or wine customarily sold in quantity, such as pitchers of beer
and bottles of wine, the permittee, licensee, employee or agent shall not sell, offer to sell,
dispense or serve such alcoholic liquor, wine, or beer unless he or she can verify that the
person or persons who will consume such alcoholic liquor, wine, or beer are of legal age.
6. Encourage or permit any game or contest or tournament of any kind which involves drinking
any alcoholic liquor, wine, or beer or the awarding of alcoholic liquor, wine, or beer as a
prize,
7. Dispense, pour, or otherwise serve any alcoholic liquor, wine, or beer directly into a person's
mouth.
B. Exceptions: Nothing in subsection A shall be construed to prohibit a holder of a liquor control
license, or wine, or beer permit, or its employees or agents, from:
1. Including servings or drinks of alcoholic liquor, wine, or beer as part of a hotel or motel package
which includes overnight accommodations.
4
2. Providing a fixed price for an unlimited or indefinite amount of drinks for private catered events.
SECTION II. Violations; Penalty. Violations of this ordinance may be prosecuted as a simple
misdemeanor or as a municipal infraction, as provided for in this chapter, or as provided for in Title 1,
Chapter 4 of this Code, as amended.
SECTION II. Repealer. All ordinances and pads of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or pad 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 pad thereof not adjudicated invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE: This Ordinance shall take effect on July 1, 2001.
Passed and approved this day of ,2001.
MAYOR
ATTEST:
CITY CLERK
Ap roved by:~
, /-/-Z -ol
City Attorney's Office
Andy. Ord. Alcohol Prohibitions. 12-15-00
DEFEATED
OrdinanceNo.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 4/3/01
Voteforpassage:AYES: Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion,
Kanner. NAYS: None. ABSENT: None.
Second Consideration 5/1/01
Voteforpassage:AYES: None. NAYS: Champion, Kanner, Lehman, O'Donnell, Pfab,
Vanderhoef, Wilburn. ABSENT: None.
Date published
City of Iowa City
MEMORANDUM
DATE: April 25, 2001
TO: City Council
FROM: Eleanor Dilkes, City Attorney
RE: Alcohol Ordinances
In response to the April 4, 2001 letter to licensees from Assistant City Attorney Andy Matthews,
City Clerk Marian Karr and me, we received written comments/questions from two licensees and
got input from six individuals representing four establishments at the meeting on April 19. All
individuals who submitted written comments or attended the meeting are copied on this memo.
After taking input and answering questions from bar owners and licensees we have made the
revisions to Section 4-5-7 dealing with specials and out-of-sight sales shown in the ordinance.
The reasons for those revisions follow.
1. Section 4-5-7(A)(2). We have added the word "free" so that serving an unlimited amount
of alcohol for free is also prohibited. Note that this will not prohibit a free drink on a
customer's birthday, for instance.
2. Section 4-5-7(A)(3). This section addresses increasing the volume of alcohol within a
particular drink and requires that there be a "proportional" increase in price. The question
was posed whether, for instance, a "tall" with two shots of liquor must be double the price
of a "short" with one shot of liquor. Our initial response was that if these are drinks
normally offered they are not "specials" that encourage more consumption of alcohol and
there has been no "increase" in the amount of alcohol. Thus, the ordinance would not
prohibit a bar from offering a short with one shot for $4.00 and a tall with two shots for
$6.00. We gave some thought to deleting the word "proportionally" from this provision but
that would essentially render the provision meaningless. We have limited the provision to
liquor as this is the focus of this provision.
3. Section 4-5-7(A)(4). This provision regarding reducing the price from that normally or
customarily charged has been eliminated at Counci['s direction.
4. Section 4-5-7(A)(5)(now 4). This is the provision dealing with out-of-sight sales. We have
eliminated the prohibition on "selling" or "offering to sell" and focused on the "dispensing"
or "serving". The purpose here is to allow the licensee to sell more than two drinks at a
time to one person (e.g., run a tab or sell a round for the entire table) but to prohibit the
dispensing or serving of more than two drinks to any one person. Although restricting
sales, in addition to delivery, would be more clear cut from an enforcement prospective, it
is unwieldy from the perspective of the licensees and customers to require a cash
transaction for every two drinks.
**TO PERSONS ATTENDING THE APRIL '19 MEETING: PLEASE READ THE FOLLOWING
SECTION AS THE RESULT IS DIFFERENT THAN THAT DISCUSSED AT THE MEETING.
5. ** Section 4-5-7(A)(6)(now 5). A question was asked by one licensee whether the
following would be prohibited by this section which prohibits the use of alcohol in games
and contests: A beer wholesaler provides the bar with a jacket to be raffled off to
April25,2001
Page 2
patrons with patrons getting one raffle ticket for each beer of that type consumed. It was
our initial thought that this was not the type of game or contest that caused the concern
and we stated that this would not be a problem. On furlher reflection, however, the
hypothetical presented is distinguishable only in degree perhaps from other types of
games and contests that encourage the consumption of more alcohol such as "bladder
busters". We are unable to draft a provision that would distinguish the type of games
brought to our attention which gave rise to the initial concern and the question posed as
both types of "contests" arguably encourage more drinking. Therefore, the hypothetical
contest regarding the jacket raffle would be prohibited under the proposed ordinance.
6. Section 4-5-7(B)(2). As you know, the exception for private events has been discussed
and brought to your attention and we have attempted to give it more definition. We have
removed the term "catered" as a catering privilege under Iowa law applies to private
parties that are off-premises and the sales restrictions in the ordinance apply only to on-
premises consumption. In addition, we have had questions about what makes an event
"private" i.e. how access to the event must be restricted. For instance, we received a
question from the owner of a small tavern indicating that although she does not have
private parties very often, she does do birthday parties with special prices being given to
the birthday person and those persons to whom he or she gives a ticket provided by the
bar. We have added definition to "private event" to require that there be some means of
segregating or identifying the persons who are allowed to participate in the private event.
Finally, due to the anticipated delay in final passage we have changed the effective date from
July 1, 2001 to August 1, 2001.
We will discuss these changes with you at your work session on April 30, 2001. As you know, you
gave first reading to one version of this ordinance. If the Council chooses to change the
ordinance in accordance with the above recommendations or in some other material respect, it
should vote down the ordinance that was read once and vote yes on the revised ordinance.
Please call me or Andy Matthews if you have any questions.
cc: Steve Arkins
Marian Karr
Andy Matthews
Dale Helling
Licensees and Bar Owners submitting written comments to City Clerk and City Attorney
or attending April 19 meeting:
Susan Spalj, Shakespeare's
Lew Converse, Fieldhouse/College Street Billiards
David Moore, Fieldhouse/College Street Billiards
Mike Porter, One Eyed Jakes
Brad Norton, One Eyed Jakes
Leah Cohen, Bo James
Beverly Klein, Mike's Tap
Eleanor~rnemos~alcoho14-24-01 .doc
Marjan Karr
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Date: Fri, 20 Apr 2001 08:26:07 -0500
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To: council@iowacity.org
Subject: Re: vote concerning bars
Dear council members,
I stongly urge you to vote that all bars in Iowa City require their
patrons to be 21 years of age.
Sincerely,
David Gibbon
Page 1 of ]
Marjan Karr
From: Gary and Marcy [gmwolfl@home.com]
Sent: Tuesday, April 17, 2001 6:30 AM
To: council@iowa-city.org
Subject: Alcohol Ordinance
It sounds like your efforts to curb alcohol related problems is not going to have the effect we had hoped.
Please investigate and support 21-year old bars. This has worked in other communities and will work here. We must provide an
incentive for non-alcohol businesses to invest in downtown Iowa City.
Thanks.
Gary Wolf
4/17/01
I definitely feel that we have enough laws on the books to control the issue; we just need
more staff to enforce the laws. If I was a police officer, I'd be afraid to go into several of our
larger bars on a Friday or Saturday night. It cannot be very safe for them. The larger the crowd
size, the larger the potential problem.
At this time, I think the council should either delay any action, or start with bans on drink
specials that promote excessive drinking. Increase the penalty substantially for the under age
drinker who chooses to break the law and jeopardize our businesses. Finally, realize that today' s
student will grow up, just as we all have, mosl of them law abiding, good American citizens. We
have created enough criminals in our society; do we want to create even more?
Thank you for your consideration of my thoughts and feelings.
Best Regar~ht/~a~
Stanley J. White
President
DIAMOND DAVE ' S
MI~XICAN RESTAHRANTS
City of Iowa City
city
410 E. Washington St.
Iowa City, IA 52240
Dear Council Members:
I have remained silent to a l~ge degree. as you have filtered through the press~e created
by the Stepping Up Coalition ~d others with respect to the underage and binge driving issues.
As a restaurant owner with a ba I feel I will not be as impacted by your cu~ent proposed
legislation as some, except when it comes to civil penalties on license holders.
Somewhere along the ~vay I believe we have forgotten that the responsibility for those
who t~ ~d succeed at purchasing alcoholic beverages underage should be put upon the person
who is attempting to break the law. Your present proposed penalties which includes suspension
of licenses ad revoking of licenses is too hash on the license holder compared to the penalty for
the under aged person purposefully breaking the law.
Any license holder could be set up and in the course of a few days have earned euough
violations to be pe~anently closed, based on the number of fake 1D's in this college
community. We do try our best to control the sale of alcohol to minors. But obviously, fake ID's
becomes ~other issue. When a under age drinker gets caught with a drink in a ba, do you
think they ~e going to show or admit they have a fake ID? No wayl They know the penalty for
f~e ID's is greater than for underage possession.
Thus, I propose that the penalty for underage drinking should be $1,000.00 for the first
offense, a revoked driver's license for 30 days upon the second ofi~nse, and a $1000.00 fine as
well as a revoked ~iver's license for one year for the third offense. We have clmped do~vn on
drunk drivers, so why should we not clamp down on under age drinkers as well?
I graduated from the University of Iowa in 1973. The council once asked at a public
meeting the difi~rence between today versus years ago. I don't believe we drink any more today,
or any less. Binge drinking existed back then, ~ve just didn't have a name for it. The real
difference today is that we have a larger college population in Iowa City than we did in 1973, but
more impoa~tly, we have much larger facilities (bas) tbr students to frequent. In my day Joe's
Place and the Airliner were considered the larger bars, not todayl
201 S. CLINTON STREET. SUITE 281
IOWA CITY, IOWA 52240
319/337-7690. FAX 319/337-4707