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HomeMy WebLinkAbout2010-09-07 Ordinance~^~~ Prepared by: Christina Kuecker, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 10-4404 AN ORDINANCE AMENDING THE IOWA CITY ZONING CODE, SECTION 14-3B-1 HISTORIC DISTRICT OVERLAY ZONE; SECTION 14-8E-2 HISTORIC REVIEW; SECTION 14-8E-3 CERTIFICATE OF ECONOMIC HARDSHIP; AND SECTION 14-2B-6 MULTIFAMILY SITE DEVELOPMENT STANDARDS WHEREAS, the City's zoning code adopts and incorporates the Historic Preservation Handbook, which establishes guidelines for the designation of historic districts, conservation districts, and historic landmarks and the review of exterior projects on such properties; and WHEREAS, one goal and objective of the Iowa City Historic Preservation Plan, incorporated into the Iowa City Comprehensive Plan, is to streamline, clarify, and simplify the historic preservation review process; and WHEREAS, the Iowa City Historic Preservation Commission and City Staff have revised the Iowa City Historic Preservation Handbook to implement said goals and objectives; and WHEREAS, the Historic Preservation Commission voted 9-0 (Thomann absent) to recommend approval of the revised Iowa City Historic Preservation Handbook at the May 13, 2010 meeting; and WHEREAS, the Planning and Zoning Commission voted 7-0 to recommend approval of the revised Iowa City Historic Preservation Handbook and amend the zoning code accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA; SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Adding to paragraph 1 of subsection 14-36-1(D) the following: g. Northside Historic District Ordinance No. 10-4404 Page 2 W C7 ~m~ m 0 ;. _t., 5 f .y-~'wA^..r eROwN sr ~ E I ~ ~ ~ ~. w ~ 3 N ~ jj ~ ~ ~ M ? '...._..__1 RONALdS ST ~ i ~ I ~ ~__._ ~__~_L.-~~ ---i s a 9 i 5 I ~_~__~-7.1~ RCH ST s ~ ~ ~~L_ 2 4 ~ t 1 x R ' ;i 11 µµ ~` .71 (A1R LH~l~ ~ 7 y y i ~'`~ r ! _ ~,. l .,.. '~ j' ~ p~+ NPC~2T ST t ~ t` ii C r . ___. va O cn z ~ L_ p I ~ ~_~~ x BLOpMI~JGT~N ST B. Deleting subsection 14-8E-2B, and substituting in lieu there of: B. Levels of Historic Review 1. Minor Review a. A minor review will be conducted if the change proposed in the application is of a type specifically defined and listed as eligible for Minor Review in the Iowa City Historic Preservation Handbook, as amended b. Applications for minor review will be reviewed by a designated Commission member or designated staff to the Commission. Applications will be approved upon finding that the proposed change to the property will have no material effect on the historic character of the property or the Historic or Conservation District. Decisions may be appealed to and reviewed by the Historic Preservation Commission, if so requested by the applicant. If there is evidence that the proposed change may have a material effect on the historic character of the property or Historic or Conservation District, the application for minor review will be deferred and will be forwarded for major review by the Historic Preservation Commission. c. A written report of the minor reviews processed shall be made to the Commission at the next scheduled Commission meeting. 2. Intermediate Review a. An intermediate review will be conducted if the change proposed in the application is of a type specifically defined and listed as eligible Ordinance No. 10-4404 Page 3 for Intermediate Review in the Iowa City Historic Preservation Handbook, as amended. b. Applications for intermediate review will be reviewed jointly by the designated Commission staff and the Historic Preservation Commission Chair or the Chair's designee. Decisions may be appealed to the Historic Preservation Commission, if so requested by the applicant. If the designated Commission staff or the Historic Preservation Commission Chair determines that an application warrants review by the full Commission, said application will be forwarded for major review. c. A written report of the intermediate reviews processed shall be made to the Commission at the next scheduled Commission meeting. 3. Major Review a. A major review will be conducted for applications that meet one or more of the following criteria: (1) The application is for a specific change that does not qualify for minor or intermediate review; or (2) The application is for minor or intermediate review and has been recommended for major review by the designated Commission staff or the Historic Preservation Commission Chair; or (3) An appeal of a decision regarding a minor or intermediate review. b. Major reviews will be conducted by the Historic Preservation Commission. Applications that are denied may be appealed to the City Council if the property is a Historic Landmark or a property located within a Historic District; or appealed to the Board of Adjustment if the property is located within a Conservation District. C. Deleting subsection 14-8E-3(B), and substituting in lieu there of: B. Submittal Requirements Applications for a Certificate of Economic Hardship must be filed with the Department of Planning and Community Development. 2. The application shall consist of a letter and supporting materials that provide evidence of the approval criteria for a certificate of economic hardship as set forth in Article 14-36, Historic District and Conservation District Overlay, are met. 3. The owner must in good faith consult with the Historic Preservation Commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Documentation of such effort must be presented to the Commission. D. Deleting paragraph 14-2B-6(I)(1), and substituting in lieu there of: 1. The front setback for new buildings must not deviate more than 5 feet from the average setback of existing principal buildings along the same frontage. Alternatively, for frontages that contain more than six lots, the average may be calculated based on the principal building setbacks on the four closest lots along the same frontage to the lot containing the Ordinance No. 10-4404 Page 4 new building. However, in no instance shall a new building be located closer to the street than the existing principal building that is closest to the street along the same frontage. This setback standard supersedes the setback standards of the base zone. 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, 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 be effect after its final passage, approval and publication. Passed and approved this 7th day of septemb,eY01o . MAYOR ATTEST: ~~~%~~~~. ;~~1~ C1-1Y `SL.ERK Ordinance No. 10-4404 Page 5 It was moved by Bailey and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion _~ Dickens x Hayek ~_ Mims x Wilburn x Wright First Consideration 8 / 31 / o ~ o _ Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration ------------ Vote for passage: Date published 9~5/~n~o Moved by Bailey, seconded by Wright, 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: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. ~.. ~Y~ - ` r Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 16 OF THE CITY CODE, ENTITLED "PUBLIC WORKS," CHAPTER 1, ENTITLED, "STREETS, SIDEWALKS AND PUBLIC RIGHT OF WAY," TO ESTABLISH A PERMIT PROCESS FOR PLACEMENT OF PIANOS ON THE PUBLIC RIGHT OF WAY. WHEREAS, this past summer the City received two requests to place pianos on the right of way (ROW) for public use, and the City subsequently entered into temporary use of ROW agreements; WHEREAS, the City has since received additional requests for more pianos on the ROW; WHEREAS, a permitting process for pianos is preferable to temporary ROW agreements because a permitting process allows the City to respond more quickly to requests and utilize less staff time; and WHEREAS it is in the City's best interest to establish a permitting process for pianos on the ROW. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 16, entitled "Public Works," Chapter 1, entitled "Streets, Sidewalks and Public Right of Way," Article A, entitled "Streets, Sidewalks and Public Right of Way Generally," by adding a new Section 9, entitled "Piano Permits" as follows: The City Engineer or designee is authorized to issue an annual piano permit for placement of a piano on the right of way subject to the following conditions: A. Use is limited from March 1 to November 30; B. Insurance coverage as required by the City's risk manager; C. Execution of an agreement to indemnify the City; E. No sale, transfer, or assignment of the piano permit without written consent of the City; F. The location of the piano must be approved by the City and shall not interfere with access to public or City utilities located and/or operated within the City's right of way;. G. No sign or advertisement is allowed on the piano except for a sign identifying the sponsor(s) of the piano; H. The piano must be securely covered from 10:00 p.m. to 10:00 a.m. Sunday through Wednesday and from midnight to 10:00 a.m. Thursday through Saturday. When uncovered the piano must be available for use by all members of the public. I. The piano shall be securely anchored to the right of way. The anchoring system must be approved by the City Engineer or designee. Applicant shall be responsible for all damage to the right of way caused by the anchoring or placement of the piano. A deposit in an amount determined by the City Engineer or designee shall be required prior to placement of the anchoring system and shall be returned when the sidewalk is restored to its prior condition. J. The applicant shall be solely responsible for the piano and any and all damage to the piano. The City Engineer or designee shall grant the permit if the applicant has fully completed the application which includes signing the indemnification agreement, providing a certificate of insurance showing compliance with this section, and paying the deposit. If the permit is denied, the City Engineer or designee shall state the reasons therefore within three (3) working days of the application being filed. The process for appeals and revocation of the permit shall be the same as for a temporary use of sidewalk permit. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. 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 be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2010. MAYOR Ap ~ ed: ~~ ATTEST: CITY CLERK City Attorney's Office Ordinance No. Page It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 9 / ~ / o ~ o _ Vote for passage: AYES: Wilburn, Wright, NAYS: None. ABSENT: None. Second Consideration Vote for passage: that the Ordinance Bailey, Champion, Dickens, Hayek, Mims. Date published Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDIN TITLE 16 OF THE CITY CODE, ENTITLED "PUBLIC WORKS," CHAPTER 1, ENTITLED, " TREETS, SIDEWALKS AND PUBLIC RIGHT OF WAY," TO ESTABLISH A PERMIT PR ESS FOR PLACEMENT OF PIANOS ON THE PUBLIC RIGHT OF WAY. ' WHEREAS, this past summer the ~ty received two requests to place piyt'fos on the right of way (ROW) for public use, and the City subseque tly entered into temporary use o OW agreements; WHEREAS, the City has since receive additional requests for mor pianos on the ROW; WHEREAS, a permitting process for pia s is preferable to tempo ry ROW agreements because a permitting process allows the City to re and more quickly to r quests and utilize less staff time; and WHEREAS it is in the City's best interest toe tablish a permittjtig process for pianos on the ROW. ~ NOW, THEREFORE, BE IT ORDAINED BY TH CITY COI~VCIL OF THE CITY OF CITY, IOWA: ~' SECTION I. AMENDMENTS. 1. Title 16, entitled "Public Works," Chapter 1, entitled tr ts, Sidewalks and Public Right of Way," Article A, entitled "Streets, Sidewalks and Public Right of Generally," by adding a new Section 9, entitled "Piano Permits" as follows: The City Engineer or designee is authorized to issue an an ual the right of way subject to the following conditions: A. Use is limited from March 1 to October 31; B. Insurance coverage as required by the City's rislyf»anager; C. Execution of an agreement to indemnify the permit for placement of a piano on E. No sale, transfer, or assignment of the pia o permit without written co sent of the City; F. The location of the piano must be appr ed by the City and shall not int rfere with access to public or City utilities located and/or operated wit n the City's right of way; G. No sign or advertisement is allowe~ on the piano except for a sign identifyi~ig the sponsor(s) of the piano; / \ H. The piano must be securely co ered from 10:00 p.m. to 10:00 a.m. Sunday through Wednesday and from midnight to 10:00 a.m. Thur day through Saturday. When uncovered the piano must be available for use by all members of the public. I. The piano shall be securely anchored to the right of way. The anchoring system must be approved by the City Engineer or designee. Applicant shall be responsible for all damage to the right of way caused by the anchoring or placement of the piano. A deposit in an amount determined by the City Engineer or designee shall be required prior to placement of the anchoring system and shall be returned when the sidewalk is restored to its prior condition. J. The applicant shall be solely responsible for the piano and any and all damage to the piano. The City Engineer or designee shall grant the permit if the applicant has fully completed the application which includes signing the indemnification agreement, providing a certificate of insurance showing compliance with this section, and paying the deposit. If the permit is denied, the City Engineer or designee shall state the reasons therefore within three (3) working days of the application being filed. The process for appeals and revocation of the permit shall be the same as for a temporary use of sidewalk permit. SECTION II. REPEALER. ~I ordinances and parts of ordinances in conflict with the pr ision of this Ordinance are hereby repealed. ~ SECTION III. SEVERABILITY. any section, provision or part of the Ordinance sh~l be adjudged to be invalid or unconstitutional, such adt dication shall not affect the validity of the Ordnance as a whole or any section, provision or part thereof not djudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. s Ordinance shall be in effect after its fiinal passage, approval and publication, as provided by law. Passed and approved this day of 201 MAYOR ATTEST: CITY CLERK City Attorney's Office 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 Dickens Hayek Mims Wilburn Wright First Consideration 8/31/2010 Vote for passage: AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published r ^~-'_,--r,~~ GITY C7F IC~1NA CITY ~:~, ~r ~~~I~~~'~ ~ ~~~ Date: September 2, 2010 To: Iowa City Council From: Eric Goers, Assistant City Attorney Re: Split Premises Ordinance Last month, The Mill applied for a split premises event, whereby the premises would be divided into alcohol-free and alcohol-permitted sections. The application was denied as unavailable under present City Code. At your August 16th Work Session, you asked that we explore the possibility of a split premises ordinance to allow for such an event, while making sure that we not gut the under 21 ordinance in doing so. With this Memo we are presenting such an ordinance. In exploring how to best balance the important interests of promoting entertainment and preventing underage patrons from gaining access to alcohol, I met twice with Andre Perry, Talent Buyer for The Mill, and executive Director at The Englert Theatre, to seek his input. The discussion was valuable, if not resulting in easy answers to the problem. His suggested approach was not for a split premises ordinance amendment, but instead for a new category of exception to the Under 21 ordinance for "entertainment venues." Attached to this Memo is his letter. While staff strongly agrees that Andre, The Mill, and The Englert (among many others) "positively foster Iowa City's cultural importance by offering a place where local, regional, and national artists can perform their work", not all establishments have proven to be as responsible in addressing underage and binge drinking. Obviously, neither staff nor Council can simply name the establishments they view as historically responsible, granting them privilege to the exclusion of all others. The "entertainment venue" would mix patrons over and under the legal age, resulting in increased access to alcohol by 18-20 year-olds through exposure to legal-aged friends possessing alcohol in the same space. We have inferred Council does not wish to see this result. Less clear is whether Council wished to open the split premises option solely to venues offering live performances, as opposed to establishments offering an alcohol-free venue for under age patrons to enjoy DJs, movie screenings, or other events utilizing pre-recorded material. That being said, I have taken guidance from Andre in crafting both the ordinance before you, and in presenting the following possible additional requirements for Council's consideration, should you wish to limit this split premises option to live-performance events: a. The event must focus on the live performance of a bona fide entertainment act. At least 50% of any ticket and door charges for each performance must be paid to the entertainer(s). Following each event, a report must be filed with the City Clerk's Office noting the total ticket or door charges collected for the event, and what amount was paid to the performing artist(s). b. All patrons under the legal age must be off-site no later than 30 minutes after the end of the event performance(s). c. There can be no more than 45 minutes between performing acts. Staff believes that the language of the proposed ordinance will allow some flexibility on the part of the HIS director and Chief of Police, (especially for those establishments who have demonstrated an ability to control underage drinking) to accommodate bars wishing to host such entertainment events, while still prohibiting under age access to alcohol, and maintaining safety for all patrons. Should you have questions or concerns, please do not hesitate to call me. Date: August 24, 2010 To: Iowa City Council From: Andre Perry, Talent Buyer The Mill Restaurant, Executive Director The Englert Theatre Samuel Locke-Ward, Talent Buyer The Mill Restaurant Marty Christensen, Owner The Mill Restaurant Re: Cultural and Artistic Development Exemption: an exemption for Entertainment Venues from the Under 21 Ordinance Members of City Council, We support many of the ideas behind the creation and implementation of the Under 21Ordinance and applaud your efforts in bringing this legislation to life in Iowa City. As members of the community who devote our time to the cultural and artistic development of Iowa City we would like to propose an exemption which will allow "Entertainment Venues" to continue hosting events that are available to patrons who are both over and under 21 years of age. As owners and managers of performance spaces, we feel that we positively foster Iowa City's cultural importance by offering a place where local, regional, and national artists can perform their work. We propose a measure under which "Entertainment Venues" can host events within regular business hours (from opening until 2 A.M.) that are available to all patrons 18 years or older. It is important to note that such an exemption would be consistent with the legislation found in many successful cultural centers, ranging from big cities like New York, Chicago, and San Francisco to smaller markets more akin to Iowa City. If Iowa City chooses to not pursue such a path of protecting venues which provide diverse entertainment to mixed aged groups, we do believe it could seriously damage our cultural value as a town. In this document, we outline the criteria that would define an "Entertainment Venue", as well as the conditions under which mixed-age events could occur. Defining an Entertainment Venue A business applying for an Entertainment Venue exemption must meet all of the following criteria. "Entertainment" is defined as musical, literary, and theatric performance. -An entertainment venue must have a dedicated and designated performance area for events where all performances are held. This space must include a stage of at least 8' x 6' dimensions. -An entertainment venue must have professional and permanently-installed sound and lightning An entertainment venue must provide entertainment at least 75% of its open business days -At least 80% of entertainment events must exclusively feature original materials (original material being defined as compositions written by the artists performing or other artists working closely with the performing artists and/or authorizing the performances of the composition) -At least 50% off any ticket/door charges for a performance must be transferred to the performing artists - An entertainment venue must file an annual report with the Iowa City Council detailing its past year's entertainment calendar as well as the number of open business days, number of total events, and number of events featuring original material -An entertainment venue must have at least one employee on-staff charged with the task of "programming" and/or "talent buying" for the venue - An entertainment venue must budget at least $1,500 towards the professional development of their programming staff annually, including but not limited to conferences or events (like Arts Midwest or South by Southwest or the Annual Conference for Historic Theatre Managers) that enhance the employee's understanding of the industry -An entertainment venue must carry annual subscriptions to at least two professional development / industry-tracking services, such as Pollstar Pro. Conditions of Entertainment Events -All patrons above the age of twenty-one will be marked with a wristband -Entertainment venues will provide capable staff to monitor entertainment events -All venue staff will be trained in determining the difference between minors and other patrons -All minors must be off-site 30 minutes after the end of a performance at an entertainment venue -There can be no more than 45 minutes between performing acts at an entertainment event -If a venue is defined by the city as a "split-venue" then minors are only allowed on-site in the area of the venue that is providing entertainment DEFER TO 9/21/2010 Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, TO ADD A NEW SUBPARAGRAPH 6, AND TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION C, TO ADD A NEW SUBPARAGRAPH 5, TO ALLOW THE CHIEF OF POLICE TO APPROVE SPLIT-PREMISES SPECIAL EVENTS IN LIQUOR LICENSE ESTABLISHMENTS, PERMITTING ENTRY BY THOSE UNDER LEGAL AGE INTO AN ALCOHOL-FREE PORTION OF THE ESTABLISHMENT, WHILE STILL ALLOWING THE SERVICE AND POSSESSION OF ALCOHOL TO THOSE OF LEGAL AGE IN A SEPARATE ALCOHOL-PERMITTED PORTION OF THE ESTABLISHMENT. WHEREAS, current City Code does not allow liquor licensees without exception certificates to split their premises into alcohol-free and alcohol-permitted spaces for entertainment events; and WHEREAS, the City wishes to accommodate liquor license establishments wishing to put on bona fide entertainment events by allowing under age patrons to enjoy the entertainment without being exposed to alcohol; and WHEREAS, the City believes that under tightly controlled settings, responsible establishments may safely be able to host entertainment events without contributing to underage drinking; and WHEREAS, it is in the best interest of the City to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, is hereby amended by adding a new subparagraph 6 as follows: 6. The person under the legal age is on the alcohol-free portion of the premises during a time that the licensee or permittee has, in accordance with a written notice and plan given in advance to and approved by the chief of police or designee, divided the premises into alcohol-free and alcohol-permitted sections. Said plan must provide a method by which alcoholic beverages will be out of sight and reach of underage patrons. If the plan is approved, the chief of police or designee shall issue a certificate approving the event, which certificate shall be posted at every entrance to the licensed establishment in view of patrons of the licensed or permitted establishment. It shall be the strict duty of a licensee or permittee permitting such persons under the legal age onto the licensed premises pursuant to such a plan, and the agents and employees of the licensee or permittee, to prevent persons under the legal age from consuming or possessing alcoholic beverages on said premises. In addition, the following requirements must be met: a. The physical set-up and separation of the alcohol-free and alcohol-permitted portions of the establishment must earn prior approval by the Director of Housing and Inspection Services, or designee, for matters of safety and code-compliance, including, but not limited to, occupancy, bathrooms and exits. b. Both the alcohol-free and alcohol-permitted portions of the establishment shall include City Code-compliant bathrooms. c. The Director of Housing and Inspection Services may, but is not required to, allow those establishments with a PAULA ratio of .50 or less during the twelve (12) months prior to the event application, to permit patrons of both the alcohol- free and alcohol-permitted spaces to share the same bathrooms, as long as the establishment strictly enforces a rule prohibiting alcoholic beverages in the bathrooms. For purposes of this section, the PAULA ratio shall be based on the twelve (12) PAULA reports immediately preceding the Licensee's event application, all as calculated by the chief of police, or designee. d. The alcohol-free and alcohol-permitted portions of the establishment must be separated by one-hour construction walls and doors, as approved by the Director of Housing and Inspection Services, or designee, or comparable barriers, as approved by the chief of police, or designee. e. It shall be the strict duty of the licensee to exclude those under legal age from the alcohol-permitted area, and to exclude all alcoholic beverages from the alcohol- free area. f. All patrons of legal age must be marked with a wristband indicating they are of age. All patrons under legal age must be marked indicating they are under legal age. TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION C, is hereby amended by adding a new subparagraph 5 as follows: 5. The person under the legal age is in the alcohol-free portion of an establishment hosting a split premises event approved by the chief of police pursuant to subsection B(6) above. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. 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 be effective upon publication. Passed and approved this day of , 2010. MAYOR ATTEST: CITY CLERK Approv y ~ o~~v -.~ City Attorney's Office M ,~~ ~ ~' Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5041 ORDINANCE NO. i n-44n5 ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," BY REPEALING SUBSECTIONS 5-2-2, "TAXICAB BUSINESS LICENSE; VEHICLE DECALS," AND 5-2-4, "VEHICLE INSPECTION REQUIRED," IN THEIR ENTIRETY AND REPLACING THEM WITH NEW SUBSECTIONS; AND AMENDING 5-2-7 TO PROVIDE PROVISIONS FOR RATE CHANGES. WHEREAS, City Code section 5-2-2 establishes requirements for operating a taxicab business and 5- 2-4 outlines requirements for taxicab vehicle inspections; and WHEREAS, 5-2-7 set out provisions for rates and rate changes; and WHEREAS, City Council wishes to increase minimum qualifications to operate a taxicab business, require taximeters in each taxicab, and outline procedures for rate changes; and WHEREAS, it is in the best interest of the City to adopt new regulations for "taxicabs". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," is hereby amended by deleting in their entirety subsections 5-2-2 and 5-2-4 and adding new subsections as follows: 5-2-2: TAXICAB BUSINESS LICENSE; VEHICLE DECALS. A. APPLICATION: Each applicant for a taxicab business license shall file an application with the City Clerk on forms provided by the City, which shall be verified and shall furnish the following information: 1. The name and address of each person with an ownership interest in the company wishing to operate a taxicab business. 2. The experience of the applicant in the transportation of passengers. 3. The record of convictions of misdemeanors and/or felonies, including moving and nonmoving traffic violations, and certified state of Iowa criminal history and certified state of Iowa driver's record for each person identified in subsection Al of this section. 4. The signature of all persons with an ownership interest in the business. 5. Such pertinent information as the City may require. B. MINIMUM QUALIFICATIONS: Each taxicab business shall meet the following minimum requirements: 1. Except for pedicabs, horse drawn vehicles, and airport shuttles, provide taxicab service to the public 24 hours a day, 7 days a week, and have a business office location and phone that is answered 24 hours a day, 7 days a week. All dispatching shall be done from the office. 2. Except for pedicabs, horse drawn vehicles, and airport shuttles, provide a minimum of four (4) qualified licensed taxicab vehicles of which a minimum of one vehicle shall be in operation at all times. All taxicabs must comply with the vehicle requirements of this Chapter. 3. Provide a certificate of liability insurance in accordance with this Chapter. 4. Meet all applicable zoning ordinance regulations and other city regulations. 5. Except for pedicabs and horse drawn vehicles, maintain manifest logs and provide manifest logs to the City upon request. C. BUSINESS LICENSE. Ordinance No. 10-4405 Page 2 1. Issuance or Denial of Business License: If the City Clerk finds that the applicant has fully complied with the requirements of this Chapter and the Police Chief or Chief's Designee has determined that there is no information which would indicate that the issuance of the license would be detrimental to the safety, health or welfare of residents of the city, the City Clerk shall issue a license to conduct a taxicab business. 2. Revocation of Business License: If the city clerk subsequently finds that the taxicab business is not in full compliance with the requirements of this chapter or if the police chief or chief's designee finds that continued operation of the taxicab business would be detrimental to the safety, health or welfare of residents of the city, the city clerk may revoke the license to conduct a taxicab business as provided in section 5-1-5 of this title. D. DECALS 1. Application Forms: Each applicant shall also file an application for a decal for each taxicab with the City Clerk on forms provided by the City. 2. Attachment Of Decal: No taxicab shall be operated on any street within the city unless a decal has been issued by the city clerk. The decal shall be attached to the lower corner of the front windshield on the passenger side. Pedicabs or horsedrawn vehicles shall display the decal on the left rear of the vehicle. 3. Issuance Or Denial Of Decal; Nontransferability: a. If the City Clerk finds that the applicant has fully complied with the requirements of this Chapter and the City Equipment Superintendent or Designee determines that there is no information which would indicate that issuance of the decal would be detrimental to the safety, health or welfare of residents of the city, the City Clerk shall issue a decal for the taxicab. b. The decal shall be nontransferable as between vehicles and taxicab businesses. c. Decals will be issued by the city clerk on the next business day at least 24 hours after the filing of a completed application for such decal with the city clerk. 5-2-4: VEHICLE INSPECTION REQUIRED: A. Each applicant for issuance or renewal of a taxicab decal shall submit with the application a current certificate of inspection issued by the City Equipment Superintendent or designee. Such certificate shall be valid for forty five (45) days from the inspection. Each vehicle governed by this article shall be subject to an annual inspection, and no vehicle shall pass inspection unless it complies with this chapter and the vehicle equipment requirements of the code of Iowa. All inspections shall consist of the following: (1) All taxicabs shall be inspected for compliance with the requirements of this Chapter, excluding pedicabs and horsedrawn vehicles, as follows: a. Exterior. Headlights, taillights, brake lights, directional signal lights, reverse light operation, hazard light operation, marker lights (including parking and side marker), operation of license plate lights, windshield, windshield washers, windshield wipers, including rear wiper if so equipped, vent glasses, all other vehicle glass, glass window raisers, doors and door locks, trunk lid, trunk hood, and interior door handles, exhaust system, splash shields, bumpers, fenders, mirrors including rearview and outside mirrors and attached lighted dome light, body and tires shall be inspected to ascertain that each is functioning properly. Each taxicab shall be maintained in a reasonably clean condition. There shall be no tears or rust holes in the vehicle body and no loose pieces such as fenders, bumpers or trim hanging from the vehicle body. There shall be no unrepaired body damage which would create a safety problem or interfere with the operation of the vehicle. b. Interior. The rearview mirror, foot brakes, parking brakes, seat belts, horn operation, passenger interior light and air conditioning and heating systems shall be inspected to ascertain that each is functioning properly. The upholstery, floor mats, head lining, door panels and the trunk compartment shall be inspected to determine whether they are clean, free of tears, and that the trunk has sufficient space for passengers' luggage. Each vehicle must be equipped with a taximeter that is in good operating order, and has been calibrated and sealed by a certified calibrator. Dated documentation must be Ordinance No. 10-4405 Page 3 provided to the city equipment superintendent, on a form provided by the city, with each inspection and filed with the city clerk when the inspection is completed. Calibration date must be within 30 days prior to the annual inspection. Signage must be conspicuously displayed on the inside of a vehicle that states "If the meter is not working, this vehicle cannot operate as a taxi. Receipt for fare available upon request." B. The city equipment superintendent or designee may require re-inspection of a vehicle on belief that a vehicle is not mechanically fit. In the event any vehicle is determined by the city equipment superintendent or designee not to be mechanically fit, the decal shall be confiscated and returned to the city clerk. After reinspection and determination that the vehicle meets the standards of mechanical fitness, a new decal will be issued and charged as established by council resolution. The police chief or designee may require reinspection of a vehicle on belief that a vehicle is in such unsafe condition as to endanger any person. In the event any vehicle is determined by the police chief or designee to be in such unsafe condition as to endanger any person, the decal shall be confiscated and returned to the city clerk. Once notified, the licensee must have the vehicle reinspected within two (2) business days, and a new decal will be provided at no charge. If the licensee fails to have the vehicle reinspected or the vehicle fails reinspection within two (2) business days, the licensee must apply for a new decal and will be charged the fee established by council resolution. 5-2-7: RATES; HOURS; COMPLAINTS: 3. Rates must be based on time, distance, or a combination thereof. A rate based on distance includes destination rates. A rate based on time must utilize a taximeter. All other rates, charges, or fees, except for extra rider stipulations and clean up rates, are prohibited. 4. No owner or driver of a taxicab shall charge a greater sum for the use of a taxicab than in accordance with the rate card on file in the office of the city clerk. 5. Whenever the owner of a taxicab business desires to change the rate charged, the owner shall file a rate card with the city clerk setting forth the new rates. The business must have all taximeters re- calibrated by a certified calibrator on a form provided by the city and returned to the city clerk no later than 10 business days after filing the new rates with the city clerk. The taximeter must be re-calibrated no sooner than the filing date of a rate card change and no later than 10 business days after said filing date. Failure to have all taximeters in all vehicles re-calibrated as required shall result in the city clerk recommending revocation of the taxicab business license. B. The City may require verification of a certified calibration for taximeters without prior notice for the purpose of ensuring compliance with this chapter. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. 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 apply to taxicab business licenses effective March 1, 2011 and inspections that apply to licenses issued for the time period beginning March 1, 2011. Passed and approved this 7th day of September , 2010. ~^ MAYO~~~ ATTEST:,,~I ~ ~ n ~~~ CITY~~RK Ap d b City Attorney's Office clerk/ord2010(4).doc Ordinance No. t 0-4405 Page 4 It was moved by ~t,a Win; on and seconded by Wright that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion ~_ Dickens x Hayek x Mims X Wilburn ~_ Wright First Consideration 8/17/2010 Vote forpaSSage: AYES: Mims, Wilburn,Wright, Bailey, Champion, Dickens, Hayek. NAYS: None. ABSENT: None. Second Consideration 8 / 31 / 2010 Vote for passage: AYES: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. NAYS: None. ABSENT: None. Date published 9 / 15 / 2010