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HomeMy WebLinkAbout2016-10-04 Ordinance5a Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. AN ORDINANCE AMENDING 1-9-3B OF THE CODE OF ORDINANCES TO ADD RECENTLY ANNEXED PROPERTY TO PRECINCTS 8, 10 AND 24. WHEREAS, since January 2013 the City has annexed six properties approved in Resolution No. 13-135, Resolution No. 13-334, Resolution No. 13-335, Resolution No.14-196, Resolution No. 15-7 and Resolution No. 15- 286; and, WHEREAS, it is necessary to add these properties to the adjacent voting precincts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Section 1-9-3B Boundaries of Precincts: Precinct 8 is hereby amended by repealing the description of Precinct 8 and replacing it with the following: Precinct 8: Beginning at the SE corner of 1715 Mormon Trek Boulevard where Mormon Trek Boulevard and Hwy 218 intersect; thence NW and continuing along the Iowa City corporate limits to Melrose Avenue; east on Melrose Avenue to Galway Drive; along Galway Drive to Donegal Court; southerly along Donegal Court to Tipperary Road; southerly along Tipperary Road to where it intersects with the western boundary of lot 195 Galway Hills Subdivision Part 10; southerly along said western boundary and continuing easterly to the BE corner of lot 194 Galway Hills Subdivision Part 10; southerly to Willow Creek; easterly to the west boundary of Shannon Drive; southerly along Shannon Drive to Irving Avenue; northerly and easterly along Irving Avenue to Jensen Street; south along Jensen Street to Walden Road; northeasterly along Walden Road to Mormon Trek Boulevard; south along Mormon Trek Boulevard to the point of beginning. Section 1-9-313 Boundaries of Precincts: Precinct 10 is hereby amended by repealing the description of Precinct 10 and replacing it with the following: Precinct 10: Beginning at the intersection of Highway 6 and the Iowa River; east along Highway 6 to Boyrum Street; then south on Boyrum Street to Southgate Avenue; then east on Southgate Avenue to Keokuk Street; then south on Keokuk Street to Sandusky Drive; then east on Sandusky Drive to Taylor Drive; then south on Taylor Drive to Burns Avenue; then east on Burns Avenue to Sycamore Street; then south on Sycamore Street to the Iowa City corporate limits; then following along the Iowa City corporate limits to the point where the corporate limits intersects the centerline of the CRANDIC Railroad in Section 21, Township 79 N, Range 6 W; then continuing north along said centerline of the CRANDIC to the centerline of the Iowa River; then north along said centerline to the point of beginning. . Section 1-9-313 Boundaries of Precincts: Precinct 24 is hereby amended by repealing the description of Precinct 24 and replacing it with the following: Precinct 24: Beginning at the SE corner of Scott Park on the Iowa City corporate limits; following the corporate limits south to American Legion Road; west on American Legion Road to Scott Boulevard; north along Scott Boulevard to Rochester Avenue; east on Rochester Avenue to the Iowa City corporate limits; starting east along the corporate limits and continuing to follow the corporate limits back to the point of beginning. 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 in effect after its final passage, approval and publication, as provided by law. Ordinance No. Page 2 Passed and approved this day of , 20_. Attest: Marian Karr, City Clerk James A Throgmorton, Mayor App ved B� City Attorneys Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: First Consideration 10/04/2016 Voteforpassage: AYES:Cole, Dickens, Throgmorton, Botchway. NAYS: None Second Consideration _ Vote for passage: Date published Botchway Cole Dickens Mims Taylor Thomas Throgmorton Mims, Taylor, Thomas, . ABSENT: None. that the OWA CITY VOTING PRECINCTS, r Precinct & Council 1 District Boundaries , Res. No. 15-286 Res. No. 14196 ^I Fj7! lip 1 / — 1 t of * � .r- os ®• -- i * y -77 16 i , 1ta /• o \ ; _j' _. Res No -15-7 s{ Res. No. 13-135 w ( a_ M, ae = \ t Id _..s ! .._.. ..,. Res. No. 13-335 mS Legend * ' i O Council District Boundary i Res. No. EL 13-334 Municipairrownship Boundary — N _.. ELSE i w u u r {t•y�' � ... Created by#w Johmwy Caunry Auditar'a OBke I , I WYtWb i 3 I Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE RENEWING AND CONTINUING THE FRANCHISE GRANTED TO MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, A NATURAL GAS SYSTEM TO FURNISH, DELIVER AND SELL NATURAL GAS TO SAID CITY AND ITS INHABITANTS FOR A PERIOD OF TEN YEARS. WHEREAS, the current gas franchise with MidAmerican Energy Company ("MidAmerican") was granted by Ordinance No. 07-4293 with an effective date of December 4, 2007 and is now codified at Chapter 2, Title 12 of the City Code; and, WHEREAS, said ordinance embodies the terms of the agreement reached by the City and MidAmerican in the negotiations preceding its adoption; and, WHEREAS, the franchise has a maximum 25 year term as allowed by Iowa law but provides that if the Council does not adopt a resolution to continue the franchise "more than one, but less than two years prior to the tenth anniversary" the franchise will terminate; and, WHEREAS, while said ordinance requires a resolution of the Council to continue the franchise, Section 364.2(4)(a) of the Iowa Code requires that a city hold a public hearing prior to any renewal of a franchise and that the franchise be renewed by an ordinance, and the continuation is in essence a renewal; WHEREAS, the franchise will terminate on December 4, 2017 unless Council acts to renew it before December 4, 2016; and WHEREAS, it is in the City's best interest to renew and continue the franchise. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 12, entitled "Franchises" Chapter 2, entitled "Gas Franchise', Section 12-2-2, entitled "Franchise Continuation; Termination" is amended by adding a new subsection 12-2-2(A) as follows: A. This franchise is renewed and continued for a period of ten years until December 4, 2027 SECTION IL 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 2016. MAYOR roved by ATTEST: CITY CLERK City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 10/04/2016 Vote for passage: AYES: Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens, Mims. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published that the MIT- rTr- 9 Prepared by: Kristin Watson, Human Rights Investigator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5015 ORDINANCE NO. 16-4678 ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN RIGHTS," TO REMOVE REFERENCES TO "HOUSING ACCOMMODATION," UPDATE REFERENCES TO "MEN AND WOMEN," AND CLARIFY TIME PERIODS WHEREAS, Title 2 of the City Code was substantially amended and updated in December of 2015; and WHEREAS, although the phrase "Housing Accommodation" was removed from the Definitions in the December 2015 amendment, several references remain; and WHEREAS, the outdated phrase "men and women" is used where "persons" would be more inclusive and more accurately reflect Iowa City's commitment to acceptance of all gender identities; and WHEREAS, time limits given are unclear regarding days when City Hall is not open to the public; and WHEREAS, it is in the best interest of the City to adopt these amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. Title 2, entitled "Human Rights" is hereby amended by: 1. Making the following changes to Section 2-3-5: a. Deleting the phrase "housing accommodation" and replacing it with "dwelling" in subsections 2-3-5 A, 2-3-5 D, and 2-3-5 F 1. b. Deleting the word "accommodation" and replacing it with "dwelling" in subsection 2-3-5 D. c. Deleting the phrase "housing accommodations" and replacing it with the word "dwellings" in subsection 2-3-5 E 3. 2. Deleting the phrase "men and women" and replacing it with the word "persons" in Section 2-2-3. 3. Adding the following Section 13 to Chapter 4: Section 2-4-13: Time Limits With respect to any time limit within this chapter that is stated as a number of days, said time period shall be computed in accordance with Iowa Code Section 4.1(34). SECTION IL 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 4th day of October 2016. OR Approved by: ATTEST: Du.Ztr% e24� CIT LERK City Attorney's Office Ordinance No. 16-4678 Page 2 It was moved by Mims and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: ►_ W#.&la NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throginorton First Consideration 09/20/2016 Vote for passage: AYES: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 10/13/2016 Moved by Mims, seconded by Botchway, 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: Thomas, Thorgmorton, Botchway, Cole, Dickens, Mims, Taylor. NAYS: None. ABSENT: None. le) Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 16-4679 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, PARAGRAPH B, REFERENCING THE CITY'S UNDER 21 LAW, TO SHORTEN THE REVIEW AND REVOCATION PERIODS FOR COMPLIANCE CHECK FAILURES FOR HOLDERS OF EXCEPTION CERTIFICATES. WHEREAS, under the current ordinance, liquor license holders with exception certificates have their exception certificates revoked if they are found to sell or otherwise provide alcohol to a minor more than once in a five year period; and WHEREAS, the revocation currently lasts for twelve months, but the establishment is ineligible to reapply for the exception certificate until they no longer have two sales to minors in the past five years; and WHEREAS, revocations under the ordinance have had impacts on the affected establishments much harsher than necessary to correct behavior, and has ultimately decreased the availability of services to patrons under the age of 21 for longer than necessary; and WHEREAS, shortening revocations based on compliance check failures to thirty days for second offenses, and ninety days for third or subsequent offenses, within two years should strike a better balance between deterring underage drinking and making establishments primarily in the business of something other than serving alcohol open and available to underage patrons after 10:00 p.m.; 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 L AMENDMENTS. TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, PARAGRAPH (3)(a) is hereby amended by deleting the subparagraph in its entirety, and substituting the following language: a. Qualification: A licensee or permittee whose primary business purpose is not the sale of alcoholic beverages, wine or beer may qualify for an exception by filing with the city clerk a verified statement from an accountant which establishes that on average over a calendar year more than fifty percent (50%) of the licensee's or permittee's gross sales on the premises are from the sale of goods or services other than alcoholic beverages, wine or beer. Income from fees charged to gain entry to or remain on the premises, such as cover charges, as well as drink mixes, or any part of an alcoholic beverage as defined in chapter 123 of the state code are to be counted as alcohol sales. Any purchases required to gain entry shall be considered cover charges. Ticket sales for any event performed in a theater in which the entire audience area is consistent with traditional theater seating shall be counted as nonalcohol sales. The statement shall recite the actual percentage of nonalcohol sales, as defined herein, and be based on records made in the regular course of the licensee's or permittee's business. No certificate will be issued to the establishment if any of the following is true: (1) Applicant possesses a trailing twelve (12) month possession of alcohol under the legal age (PAULA) ratio over the allowable limit, as defined and set by city council by resolution. (2) Where operation under the exception certificate would be detrimental to the safety, health, and welfare of the residents of the city. Where a preponderance of the evidence shows that the licensee, permittee, or any employees or agents thereof, sold, gave, or delivered alcohol to any patron under the legal drinking age more than once within the last two (2) years, the licensee or permittee shall serve the suspension called for under 4-5-8(B)(3)(g) before being eligible for issuance of the exception certificate. Said suspension will commence on the day the chief of police would otherwise have approved the application. Assuming the applicant remains eligible at that time, the chief of police shall issue the exception certificate following completion of the suspension. TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, PARAGRAPH (3)(g) is hereby amended by deleting the subparagraph in its entirety, and substituting the following language: g. Revocation: Exception certificates may be revoked by the chief of police, or designee, for good cause. Licensees or permittees may appeal a revocation to the city manager or designee by filing a written notice of appeal with the city clerk within ten (10) days of the mailing, by first class mail, of the revocation decision. Appeals will ordinarily be heard no later than fourteen (14) days, and in no event later than thirty (30) days, following the filing of an appeal in the office of the city clerk. In the event of a revocation, the licensee may continue to operate with their exception certificate until the ten (10) day appeal period has passed, or in the event of an appeal to the city manager or designee, until after the city manager or designee has issued his or her ruling on appeal. In the event the city manager or designee affirms the revocation, the establishment's exception certificate will expire seven (7) days from the mailing, by first class mail, of the appeal decision. Good cause for revocation includes, but is not limited to, the following: (1) Where a preponderance of the evidence shows that the licensee, permittee, or any employees or agents thereof, sold, gave, or delivered alcohol to any patron under the legal drinking age more than once within the last two (2) years; or (2) Where at the end of any month the venue's trailing twelve (12) month PAULA ratio, as determined solely by the chief of police, rises above the maximum allowed PAULA ratio, as established by city council by resolution; or (3) Where the establishment has failed to cooperate fully with the police department; or (4) Where continued operation under the exception certificate would be detrimental to the safety, health, and welfare of the residents of the city. Revocations for violations of 4-5-8(B)(3)(g)(1) shall last for thirty (30) days for the 2"d violation within the last two (2) years, and for ninety (90) days for the 3rd and subsequent violations within the last two (2) years. All other revocations shall last twelve (12) months. Following the period of revocation, the applicant may reapply for an exception certificate. SECTION IL 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 4th day of October 2016. OR ATTEST:k� CrTY Ap ved by qY ItIf- City Attorney's Office Ordinance No. 16-4679 Page 4 It was moved by Mims and seconded by Botchway Ordinance as read be adopted, and upon roll call there were: AYES: NAYS ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 09/06/2016 Vote for passage: AYES: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. Second Consideration 09/20/2016 Voteforpassage: AYES: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. Date published 10/13/2016 that the r -7rM7 - `;.-4 CITY OF IOWA CITY 10 MEMORANDUM MEMORANDUM Date: September 23, 2016 To: City Council From: Geoff Fruin, City Manager Re: Compliance Check Penalties The Partnership for Alcohol Safety (PAS) met on Thursday, September 22nd. I provided the group an overview of the proposed ordinance and the reasoning for staffs recommendations to the City Council. Mayor Throgmorton, Police Captain Bill Campbell and Officer David Schwindt also contributed to the discussion. In general, PAS members did not object to the ordinance and seemed to understand the rationale for the change. There was a short discussion as to whether the two-year window was sufficient given the number of compliance checks that are performed in a given year. This is fair question and one that we can revisit if the newly proposed penalty structure does not appear to be effective in modifying behavior. Staff recommends passage of the third and final reading of the ordinance. A copy of the original staff memo is attached for background on the proposal. 09 -OU ® CITY OF IOWA CIT $ MEMORANDUM c Date: September 1, 2016 To: City Council From: Geoff Fruin, City Manager Re: Alcohol Compliance Check Penalties Backaround: The Iowa City Police Department (ICPD) periodically conducts alcohol compliance checks with local businesses that hold a liquor license. During a compliance check, an individual recruited by the ICPD who is under the age of 21 will enter an establishment and attempt to purchase alcohol. The individual is instructed to respond truthfully to any questions and present his/her real identification if asked. If the liquor license establishment serves the underage individual, then they fail the compliance check and face possible sanctions by the State of Iowa and City of Iowa City. State of Iowa sanctions may include a fine or suspension of the liquor license. The City of Iowa City cannot target liquor licenses, which are State issued, so our local penalties target the ability of an establishment to acquire / maintain an 'exception certificate'. The exception certificate is issued by the City and is the mechanism that allows liquor license establishments not primarily in the business of selling alcohol to allow underage individuals to patronize their business after 10:00 p.m. Currently, City Code states that any establishment that fails two or more compliance checks in a five year period will lose, or be ineligible to receive, an exception certificate. The structure of this penalty means that a business who fails two compliance checks in a short period of time could face a nearly five-year exception certificate penalty. Contrarily, a business that falls two compliance checks four years apart will face an exception certificate penalty of only one year. It is important to note that the exception certificate penalty is in addition to any State of Iowa penalties related to the liquor license. Currently, four businesses have had their exception certificate privileges revoked due to having two failed compliance checks in a five-year period. Colonial Lanes, Blackstone's, Sam's Pizza, and the Airliner are serving multi-year penalties for past compliance check failures. Colonial Lanes is no longer permitted to allow underage individuals in their establishment after 10:00 p.m. Following multiple compliance check failures, two separate Panchero's Mexican Grill locations forfeited their liquor licenses so that they could continue to allow underage Individuals in those locations after 10:00 p.m. Two additional establishments, the Bread Garden and Bo - James, are poised to lose their exception certificate if the ordinance remains in place. Issue / Recommendation: With any penalty it is important to consider whether it is meeting the intended purpose and whether it is modifying behavior in the intended fashion. In reviewing the penalty for compliance check failures I believe there are a couple of good reasons to consider an alternative penalty structure. First, because the local penalty can only target exception certificates, the impact is only felt by those businesses that hold such certificates. In most instances, these businesses are not the locations where there is the most concern for underage drinking. Second, the nature of the penalty structure means that some businesses could face close to a five year penalty, while others could face a penalty of only twelve months, depending on the spacing between the failed checks. September 1, 2016 Page 2 It is my view that the local exception certificate penalties have the potential to be beyond what is needed to correct behavior and are possibly counterproductive toward the city's ongoing effort to provide safe, diverse late night options for underage residents. That said, compliance checks are an important tool for the City to continue to use and businesses that hold a liquor license must be held accountable for the manner in which they manage their alcohol operations. The City does not intend to stop compliance checks and all businesses need to face the prospective penalties from both the State of Iowa and Iowa City should they fail to demonstrate a minimum level of responsibility. The proposed ordinance moves from a 'two in five year' structure to one that focuses on a shorter two-year window. Under the proposal, the first violation would result in no local exception certificate penalty (same as current regulation). The second violation in a two-year window would result in a 30 day loss of the exception certificate, followed by a 90 day loss for the third or subsequent violation. All other good causes for revocation of the exception certificate remain at 12 months. I believe this penalty structure, coupled with State penalties, will be sufficient enough to modify behavior while not being overly punitive to businesses holding exception certificates, the majority of whom do not play a major role in underage consumption problems. /o under 4-5-8(3)(g) before being eligible for issuance of the exception certificate. Said suspension will commence on the day the chief of police would otherwise have approved the application. Assuming the applicant remains eligible at that time, the chief of police shall issue the exception certificate following completion of the suspension. TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SRSECTION B, PARAGRAPH (3)(g) is hereby amended by deleting the subparagraph in its entiret and'substituting the following language: g. Revocation: Exception ce 'fixates may be revoked by the chie of police, or designee, for good cause. Licensees or permit es may appeal a revocation to t e city manager or designee by filing a written notice of appeal with a city clerk within ten (10) d s of the mailing, by first class mail, of the revocation decision. Appe Is will ordinarily be heard later than fourteen (14) days, and in no event later than thirty (30) day following the filing of a appeal in the office of the city clerk. In the event of a revocation, the licens a may continue to o erate with their exception certificate until the ten (10) day appeal period hasp ssed, or in the ev t of an appeal to the city manager or designee, until after the city manager or des nee has issue his or her ruling on appeal. In the event the city manager or designee affirms the r vocation, th establishment's exception certificate will expire seven (7) days from the mailing, by (rst class ail, of the appeal decision. Good cause for revocation includes, but is not Iimite `to, the ollowing: (1) Where a preponderance of the evi a ce shows that the licensee, permittee, or any employees or agents thereof, sold, gave, or delive d alcohol to any patron under the legal drinking age more than once within the last two (2) y r ; or (2) Where at the end of any mont the ve e's trailing twelve (12) month PAULA ratio, as determined solely by the chi of police, ises above the maximum allowed PAULA ratio, as established by city council resolution; is (3) Where the establishme4has failed to (4) Where continued oration under the ex( health, and welfare f the residents of the fully with the police department; or certificate would be detrimental to the safety, Revocations for i'ol�tions of 4-5-8(B)(3)(g)(1) shall st for thirty (30) days for the 2"d violation within the last two (2) a rs, and for ninety (90) days for th 3r° and subsequent violations within the last two (2) years. All other revocations shall last twelve ( 2) months. Following the period of revocation, the applican 7 reapply for an exception certificate. SECTION, .REPEALER. All ordinances and parts of or 'nances in conflict with the provision of this Ordinanrk a r hereby repealed. SECTIO//N III: SEVERABILITY. If any section, provision or pa of the Ordinance shall be adjudged to be invalid or}jncogstitutional, such adjudication shall not affect the v idity of the Ordinance as a whole or any section, }irovisibn or part thereof not adjudged invalid or unconstitut nal. This Ordinance shall be effectlye upon publication.