HomeMy WebLinkAbout2001-06-12 Ordinance City of Iowa City
MEMORANDUM
TO: Steve Atkins, City Manager / PL/L'~'/~ ~ ~l(I ' ,'z,-
FROM: Joe Fowler, Director, Parking and Transit ..~ ~-/~'~ 0~' ~
DATE: April 2, 2001
RE: Parking Rates
Before entering a discussion on parking rates I believe it is important to review our
current parking policy. At the present time we sell a combination of hourly and permit
parking with the goal of reaching 80 to 90% occupancy. We have established this policy
so there will be parking available in the CBD when there are sales or special events
occurring. At the present time we could reach 100% occupancy every day by selling
additional monthly permits. Our goal is to have parkers pay the fees necessary to cover
our bonding obligation and still maintain reserve parking for special events.
The additional bonding responsibilities of Tower Place and Parking will begin to deplete
the cash reserves of the Parking Division. This will necessitate parking rate increases in
the future. In order to avoid a large, system wide increase in the future I recommend
increasing hourly rates in all off-street parking facilities and in the Linn Street Parking Lot
at this time. I recommend increasing these facilities by $.10 per hour from their current
rates. I am not recommending increasing the park and shop rate at this time.
An increase from $50 to $.60 per hour in Capitol Street, Dubuque Street, Tower Place,
and the Linn Street Lot would provide conformity in the central business district as
parking meters are currently $.60 per hour. This would also make the CBD rates
equivalent to the University of Iowa's public rate. Increasing Chauncey Swan to $.50 per
hour would make it $.10 per hour higher than the parking meters in the area but it does
provide covered parking.
Proposed Parking Rate Increases
Projected Effect
Location Current/Prol~osed on Revenue Reason
Capitol Street Ramp $.50/$.60 +$58,000 Project 10% reduction in
usage
Dubuque Street Ramp $.50/$60 +$18,000 Projected 10% reduction
in usage
Linn Street Lot* $.50/$.60 +$32,000 No projected change in
usage
Tower Place $.60 0 Usage unknown at this
time
Chauncey Swan Ramp $.40/$50 $5,000 Projected 10% reduction
in usage
*This projection is based on the current capacity. A reduction in capacity will affect this
number.
April 2, 2001
Page 2
These rate changes would produce an additional $113,000 in parking revenue each
year.
The increase in hourly fees would create an increased discount for monthly parking
permit holders. For this reason I am recommending a $5.00 increase in all monthly
parking rates. This increase would generate an additional $47,000 per year.
The combined effect of the proposed rate increases is projected to be $160,000 per
year.
parkingVrnem/parkingrates+cloc
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 01-3968
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 4-24, 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 Building 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
0rdinance No. 01-3968
Page 2
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 follows:
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 person's
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.
Ordinance No. 01-3968
Page 3
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 person's motor vehicle operating privileges for a period not to exceed one
year. The court may, at its discration, 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.
Ordinance No. 01-3968
Page 4
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 4-5-7: 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 or an unlimited number of servings
for free.
3. Increase the volume of alcoholic liquor contained in a drink, for on-premises consumption,
without proportionally increasing the price charged for such drink.
4. 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 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.
5. 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
pdze.
6. Dispense, pour, or otherwise serve any alcoholic liquor, wine, or beer directly into a persoWs
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.
2. Providing a fixed price for an unlimited or indefinite amount of drinks for private events. A
"private event" is one restricted to a particular group or persons. The licensee or permittee shall
Ordinance No. 01-3968
Page 5
provide means or methods by which to identify persons participating in the private event, such
as the use of a separate room or a means to identify such participants.
SECTION II. Violations; Penaltv. 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 parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, pro;zision 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 adjudicated invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE: This Ordinance shall take effect on August 1, 2001.
Pa d a roved ' June ,2001.
ATTEST: CiT"~LER;"~-~K ~- '~',,blJ~
City Attorney's Office
Andy. Ord. Alcohol Prohibitions. 12-15-00
Ordinance No. 01-3968
Page 6
It was moved by Vanderhoef and seconded by Wi ] burn that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ASSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
First Consideration 5/1/01
Vote for assa e: AYES: Lehman, Pfab, Vander'hoef, W~]burn. NAYS: Kanner,
O'~onn~e~], Champion. ABSENT: None.
Second Consideration 5/15/01
Voteforpassage:AyE5: Vande~'hoef, W~]burn,Lehman, Pfab. NAYS: O'Donne]],
Kanner', Champion. ABSENT: None.
Date published 6/20/01
Marian Karr I 11 J
From: DChargerMan@aol.com
Sent: Tuesday, May 15, 2001 9:36 AM
To: council@iowa-city.org
Subject: News you can use ....
Here is something I found in an article from the paper at Lake of the Ozarks.
it talks about underage drinking and intoxicated patrons and what they are
doing about it. Here is a short clip, and the link for you. This is a
positive way to use undercover Police.
On the holiday weekend agents will work with business owners and pose as
employees in businesses across the Lake of the Ozarks area to nab liquor law
violators.
"Some establishments have reported recurring problems with either drunk
people or minors trying to purchase alcohol," Hendrickson said. "We set up a
check point inside the bar and our officers dress in plain clothes. We will
assist the employees and owners by reviewing the IDs presented."
Full stoW: Click here: The Lake Sun Leader Online; News
Dave Moore
The Fieldhouse/College St. Billlard Club and Dell
5/15/0 1