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