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HomeMy WebLinkAbout2010-09-21 Ordinance Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. 10-4405 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. Ordinance No. Page 2 10-4406 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 21st day of September , 2010. MAYOR Ap roved: ATTEST: 7~ C~ti!/ ` ?'~` l - ~' ' (C~ CITY ERK City Attorney's Office Ordinance No. ~ n-t~~nti Page _~ It was moved by Wilburn and seconded by M; m~ that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion ~_ Dickens x Hayek x Mims x Wilburn x Wright First Consideration 9 / 7 / o ~ o Vote for passage: AYES: Wilburn, Wright, NAYS: None. ABSENT: None. Second Consideration ----------------- Vote for passage: Date published 9/29/2010 Bailey, Champion, Dickens, Hayek, Mims. Moved by Wilburn, seconded by Bailey, 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: Wright, Bailey, Champion, Dickens, Hayek, Mims, Wilburn. NAYS: None. ABSENT: None. '~ 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. 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. 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 -~_ ~ ~ ~ ~ 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 9/21/2010 Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published ~~ 1' i ~~~~~ ~ui~' . ,~~,,~~ CITY OF IOWA CIT 10 MEMORANDUM Date: September 15, 2010 To: Iowa City Council From: Eric Goers, Assistant City Attorney Re: Split Premises Ordinance / "Entertainment Venues" Following your last work session, when the proposed split premises ordinance was considered, you asked that we explore the possibility of a new class of exceptions to the Under 21 after 10:00 p.m. ordinance for "entertainment venues." The intent, as I understood it, was to allow legitimate entertainment without gutting the effectiveness of the ordinance. Although your time to discuss this matter was limited, it appeared from your discussions that you were aiming this exception at live music venues, so I sought out and met with a group of owners and managers of the best known live music venues in Iowa City to seek their input. Because I wish to both confirm your intent, and to gauge your interest in the criteria, I have listed both the venue operators' proposed requirements and some additional requirements you might consider. In furtherance of that goal, please answer the following: 1. What kind of entertainment do you wish to have included? A. Live musical acts? B. Live DJs playing pre-recorded music? C. Pre-recorded music without an actively-involved DJ? D. Non-musical performances such as comedy acts, poetry readings, or movie screenings? 2. How late do you wish underage patrons be allowed to stay? (venue operators have requested midnight.) 3. Do you approve use of the following criteria suggested by venue operators: A. Must be at least 19 years old to remain past 10:00 p.m.? B. A dedicated performance stage of at least 8' x 6' in dimension? C. A professional and permanently-installed sound and lighting set-up? i. Minimum specifications would be laid out by an independent expert ii. The City would send staff or a designee to confirm the presence of the minimum requirements at the time of application, with later verification as needed. D. Requirement that venues put on shows on at least 150 calendar days? i. Shows would require at least 90 minutes of actual performance time? ii. At least 50% of the door receipts on show days must go to the performing artist(s)? (Settlement sheets must be utilized and made available to the City at our request) iii. Venues must provide an annual (orsemi-annual or quarterly) report of all shows and dates on aCity-provided standardized form? E. Venues must have at least one salaried employee responsible for booking entertainment acts? F. Venues must carry annual subscriptions to at least one professional development/ industry-tracking services, such as Pollstar Pro? September 15, 2010 Page 2 G. Venues must have a PAULA ratio over the trailing 12 months of no greater than .50 based on at least 10 bar checks. More discussion on this below. H. Venues must mark all patrons over 21 with a wristband, and must mark all underage patrons with a wristband or permanent marker on the hand? I. Venues must provide capable staff to monitor patrons at all shows? 4. Do you approve of the following additional requirements? A. Shall we allow the underage patrons only on show days, or on any day the venue is open? i. If the argument is to open up entertainment to those under legal age, there would seemingly be no reason to allow underage patrons in when there is no entertainment for them to see. ii. Presumably we would require venues to provide us with a list of show dates ahead of time -preferably at least a week. B. Should we require a ratio of staff to patrons? Dependent on venue capacity, or on expected attendance? ii. Any special training required? TIPS? C. Ability to quickly revoke the exception upon problematic behavior such as: i. Sales to underage persons? ii. PAULA ratios at the end of any given month climbing over a certain rate? (a) Note that while we have historically noted problems at rates of 1.00, the passage of the under 21 ordinance has been extremely effective in reducing underage drinking in the establishments, causing PAULA rates to plummet in most establishments since that time. (b) During the period of June through August, 2009, the citywide PAULA rate was .585. During the same period in 2010, following the Under 21 effective date of June 1, the rate was .054. (c) Of course, one should note that 15 clean bar checks followed by one PAULA would result in a rate over that average. 1 in 20 = .05; 1 in 2 = .50. (d) By the time this ordinance would become effective, we would have approximately five months worth of post-Under 21 PAULA data available. Do we limit our PAULA rate review to that period, or consider the trailing 12 months? (e) One might consider requiring a minimum number of bar checks in order for a PAULA rate to be taken into effect, such as the 18 we previously utilized, or a sliding scale of higher permitted rates for fewer visits, and a lower permissible level for more visits. (f) Which rate would you like to use? iii. Failure to abide by all the requirements of the exception? iv. Revocation decisions to be made by the Chief of Police, with appeal to the City Manager? D. Any limitations related to capacity? i. See the attached August 2010 PAULA report, which contains the capacity for each establishment, as well as their YTD PAULA rates. September 15, 2010 Page 3 ii. Or do we simply rely on the ongoing PAULA figures to ensure that establishments are able control underage drinking within their establishment? 5. Do we do this in lieu of a split venue ordinance, or as an additional option? I will be present at the Work Session to answer your questions and hear your responses. Should you have any questions ahead of time, please do not hesitate to call me. Cc: Eleanor Dilkes, City Attorney Dale Helling, Interim City Manager Marian Karr, City Clerk Sam Hargadine, Police Chief Denise Brotherton, Planning/Research Sergeant ~ ~o Iowa City P olice Depart ment ~' ~ ~~~ ~p.A.U. L.A. R eport -Augus t 2010 ( Possession o f Alcohol Under Legal Age ) siness Name (occupancy] B Monthly Totals Year-to-Da te Totals t u t ~ , visits arrests visits s arres (occu anc loads j ... Ib17 808 Restaur i ~9 i, ,~ 15 0 48 30 52 6 . Airliner [223] 13 0 3 0 10 0 American Le ion 140 Aoeshe Restaurant [156] 1 0 1 0 Atlas World Grill [165] Blackstone 297 Bluebird Diner [82J 8 0 24 8 Blue Moose [436] Bob's Your Uncle 260' 7 0 20 0 Bo-James [200] Bread Garden Market 8 Bakery 11 1 51 13 [It's] Brothers Bar & Grill 556 [The] Brown Bottle [289] 3 0 4 0 Buffalo Wild Wings Grill & Bar [189] 0 7 0 Caliente Ni ht Club 498 0 0 0 1 0 Carl & Ernie's Pub 8 Grill [92] Carlos O'Kelly's [299] Chefs Table 162 Chipotle Mexican Grill [119] 0 5 0 [The] Club Car [56] 3 0 0 1 0 Coaches Corner [160] Colonial Lanes 502] 0 0 1 0 Dave's Foxhead Tavern [87] ' 1 0 3 0 s) [73] David's Place (aka Dawit 6 0 18 2 DC's [120] (The] Deadwood [218] 4 0 7 0 Devotay [45] 4 0 7 0 Donnelly's Pub [49] 3 0 9 0 [The] Dublin Underground [57] [Fraternal Order of] Eagle's [315] EI Banditos 25 EI Dorado Mexican Restaurant [104] [BPO] Elks #590 [205] EI Ranchero Mexican Restaurant (161 Englert Theatre [838] The Field House (aka Third Base) 420 ~ 0 37 78 0 Firewater [114] 0 15 First Avenue Club [280] 0 0 2 0 Formosa Asian Cuisine [149] 0 4 0 Gabes [261J 3 1 0 4 0 Geor e's Buffet 75] 0 0 1 0 Givanni's [156] Godfathers Pizza [170] 2 0 2 0 Graze [49 Grizzly's South Side Pub [265] 0 0 g 0 Guido's Deli [20] 1 0 1 0 Hawke a Hideawa 94 0 0 2 0 [The] Hilltop Lounge [90] 0 0 5 0 IC Ugly's [72] India Cafe [100] Jimmy Jack's Rib Shack [71] 2 0 11 0 Jobsite [120] 6 0 13 0 Joe's Place 281 Joseph's Steak House [226] Karaoke La Reyna [78] PAULA Visit year.:°~ 1.083 0.200 0.000 0.000 0.333 0.000 0.255 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.111 0.000 0.000 0.000 2.108 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 La Reyna [49J Linn Street Cafe [80] Los Portales 161 2 17 6 0.353 Martini's [200] 8 Masala [46] Mekong Restaurant 89 1 11 1 0.091 Micky's [98J 5 0 1 p [The] Mill Restaurant [325] 1 Lo al Order o Moose 476 [Sheraton] Morgan's (231J Motley Cow Cafe (82] Okobo i Grill 222 0 6 0 0.000 Old Capitol Brew Works [294] 3 0 31 30 0.968 One-Eyed Jake's [299] aka J Bar 3 One-Twen -Six 105 1 0 0.000 Orchard Green Restaurant [200] 1 0 Oyama Sushi Japanese Restaurant [87J Pagliai's Pizza [113 Panchero's (Clinton St) [62] Panchero's Grill Riverside Dr) 95 0 0.000 Piano Lounge [65] 5 0 1 27 1 0.037 Pints [180] ____ Pit Smokehouse [4~ _ ___ _-- Piua Hut (116] Piua Ranch [226] Quali Inn/Hi hlander 971 0 0.000 Quinton's Bar & Deli [149] 3 0 8 [The] Red Avocado [47] Rick's Grille & S irits 120 Riverside Theatre [118] 0 4 0 0.000 Saloon [120J 1 3 0 4 p 0.000 Sam's Piua 174 0 6 0 0.000 [TheJ Sanctuary Restaurant [132] 4 7 0 0.000 Shakespeare's [90J 1 0 0 3 p 0.000 Short's Bur er 8 Shine [56 1 1 0.083 ' 1 0 12 s [178] Slippery Pete 0 8 0 0.000 Sidelines 200 3 y 0 41 32 0.780 Sports Column [400J 0 3 p 0.000 Star Loun a 144 0 15 1 0.067 Studio 13 (206J 4 g 1 2 55 71 1.291 [The] Summit [736] _ Sushi Popo [84] Takanami Restaurant [148J 1 14 1 0.071 TCB [250 1 Thai Flavors [60] Thai Spice [91J Times Club Prairie Li hts 60 - T. Spoons [102J 6 0 35 16 0.457 Union Bar [854] VFW Post #3949 197] 0 10 3 0.300 [The] Vine Tavern (170J 3 0 24 2 0.083 Vito's [320] 7 0 0 1 0 0.000 Wi 8 Pen Pizza Pub 154J 1 5 2 0.400 [Iowa City] Yacht Club [206] 3 Zio Johno's Spaghetti House [94] Z'Mariks Noodle House 4 702 326 O.as4 Totals : 194 12 PAULA at non-busi ness locations : 38 83 Other PA ULA Totals : 50 409 `J `includes outdoor seating area current month r°°"~'~"°•" S_. °=' -- L ems. "- G'7 3 ~ `1 - ... 4 11 Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5041 ORDINANCE NO. ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS" TO CLARIFY AIRPORT SHUTTLES CAN OPERATE WITHOUT A TAXIMETER WHEREAS, City Code section 5-2 establishes regulations for taxicabs and drivers; and WHEREAS, City Council wishes to clarify airport shuttles operate between the Eastern Iowa Airport and the Quad City airports only; and WHEREAS, it is in the best interest of the City to adopt regulations exempting airport shuttles from the taximeter requirement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 1, entitled "Definitions," is hereby amended by deleting the definition of Airport Shuttle and replacing it as follows: AIRPORT SHUTTLE: A vehicle furnished with a driver that carries passengers for hire exclusively on a route that either starts at or ends at the Eastern Iowa Airport or the Quad Cities Airport, and operates without a taximeter. 2. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 4, entitled "Vehicle Inspection Required" is hereby amended by adding the following sentence to the end of Section 4, Subsection A, Paragraph 1 b: Taximeters are not required in airport shuttles. 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 upon publication. Passed and approved this day of , 2010. MAYOR ATTEST: CITY CLERK Appr ~ b City ne 's Offing,. ~ ~.. , ~p 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 ~~/~n~ n Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published