CHAPTER NO.   2312

  AN ORDINANCE AMENDING CHAPTER 120 OF THE ORDINANCES OF THE CITY OF CLINTON, IOWA RELATING TO LIQUOR LICENSES, WINE AND BEER PERMITS

 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLINTON, IOWA:

 Section 1.  Chapter 120.01 is amended by adding the following sentences thereto:  “All applications for new licenses or permits or renewal of licenses or permits must be filed in the City Clerk’s Office at least 45 days prior to the intended opening date or expiration date.  In the event the application is filed less than 45 days prior to the intended opening date or expiration date, the license or permit may not be approved by the City Council prior to said date and the licensee will not be able to serve alcoholic beverages.”

 Section 2.  Chapter 120.03 is amended to read as follows:  INVESTIGATION.  Upon receipt of an application for a liquor license, wine or beer permit, the Clerk shall forward it to the Police Chief, who shall then conduct an investigation and submit a written report as to the truth of the facts averred in the application.  The Fire Chief shall also inspect the premises to determine if they conform to the requirements of the City.   After completion of the investigation by the Police Chief and Fire Chief, their report shall be referred to the Regulations and Enforcement Committee for all applications for on-premises consumption of alcoholic beverages.  Applications for off-premises consumption will be referred directly to the City Council after completion of the investigations by the Police Chief and Fire Chief.  The Council shall not approve an application for a license or permit for any premises which does not conform to the applicable law and ordinances, resolutions and regulations of the City.  The Police Chief and Fire Chief shall report to the City Council any violation of the state code or city ordinances that occur on the licensed premises of any licensee.

Section 3.   Chapter 120.04 is amended to read as follows:  ACTION BY COUNCIL.  The Council shall either approve or disapprove the issuance of the liquor control license or retail wine or beer permit and shall endorse its approval or disapproval on the application by a separate vote on each application.  Thereafter the application , necessary fee and bond, if required, shall be forwarded to the Alcoholic Beverages Division of the State Department of Commerce for such further action as is provided by law.

Section 4.  Chapter 120.05 is amended to read as follows:  PERSONS UNDER 21 IN LICENSED PREMISES.  The purpose of this section is to prohibit the presence of persons under the age of 21 in establishments serving alcoholic beverages for consumption on the premises unless the sale of alcoholic beverages is merely incidental to the business conducted at said establishment or the licensee has received a letter of exemption.  

Section 5.  Chapter 120.05 (1)(C) is amended to read as follows:  “Licensed Premises” means all rooms, enclosures, contiguous areas, or places susceptible  of precise description where alcoholic beverages are sold for consumption on the premises under authority of a liquor control license, wine permit or beer permit.

 Section 6.  Chapter 120.05 (1)(D) is amended to read as follows:  “Valid Form of Identification” means any state-issued drivers license, state-issued identification card or a military identification card on which a photograph, name and date of birth are affixed.

Section 7.  Chapter 120.05 (1) is amended by adding the following definitions: 

E.  “Class I Exemption” means an exemption pursuant to Section 120.05(4) for a licensee whose sales of goods and services other than alcoholic beverages exceed 65% or more of gross sales.

F.  “Class II Exemption” means an exemption pursuant to Section 120.05(5) for a licensee whose sale of goods and services other than alcoholic beverages are less than 65% of gross sales.

 Section 8.  Chapter 120.05 (3)(D) is amended to read as follows:  The licensee has received a letter of exemption based on a written plan to prevent persons under the age of 21 from obtaining alcoholic beverages from the licensed premises or patrons thereof during the hours the exemption applies pursuant to Section 5D.

 Section 9.  Chapter 120.05 (4)(A) is amended to read as follows:  A licensee whose sale of goods and services other than alcoholic beverages, constitutes sixty-five percent (65%) or more of gross sales and the sale of alcoholic beverages is merely incidental to the licensee’s business shall obtain a letter of exemption prior to allowing persons under twenty-one years of age on the premises.  A letter of exemption may be obtained by submitting to the City Clerk’s office the appropriate forms and a certified statement from an accountant verifying that sixty-five percent (65%) or more of the licensee’s gross sales is from goods and services other than alcoholic beverages.  The letter of exemption, if granted, shall be effective for the duration of the license or permit and renewed annually with the license or permit.  A current certified statement from an accountant shall be submitted each time the license or permit is renewed or upon demand of the City Clerk’s Office.  The City Clerk shall forward the application to the Regulations and Enforcement Committee.  If approved by the Regulations and Enforcement Committee, the application shall be placed on the City Council agenda for consideration.  After City Council approval, the letter of exemption shall be signed by the City Clerk.

 Section 10.  Chapter 120.05 (5) is amended to read as follows:  “Letter of Exemption to Licensee Whose Sales of Goods And Services Other Than Alcoholic Beverages Are Less Than 65 Percent of Gross Sales”

A.  A letter of exemption which will permit persons under the age of twenty-one to be on licensed premises where sales of goods and services other than alcoholic beverages are less than 65 percent of gross sales may be obtained by submitting to the Regulations and Enforcement Committee, for approval, a written plan detailing specific measures to be employed by the licensee to prevent persons under the age of twenty-one from obtaining alcoholic beverages from the licensed premises or patrons thereof.  Said plan shall include a system by which persons under the age of twenty-one are readily distinguishable from persons who are not, and shall include safeguards to minimize subversion of the system. 

B.  Applicant must also provide some social activity, (excluding bands, DJ’s, and karokee), for the 18-20 year old patrons, during all hours of operation.  Pool tables and dart games qualifies as social activity.  Once a letter of exemption is granted, it shall be required of the licensee, and all agents and employees thereof, to insure the system is operational at all times.  Failure of the system to be operational during business hours shall be deemed a violation of this section. 

C.  Where there is a letter of exemption under this Section, all bar/wait staff and security employees of the licensee must be at least 21 years of age.

D.  The letter of exemption for licensees whose sales of goods and services other than alcoholic beverages are less than 65 percent of gross sales shall permit persons under the age of 21 on the premises until 12:30 a.m.  As of 12:30 a.m. no person under 21 years of age shall be on the licensed premises.

E.  The letter of exemption, if granted, shall be effective for the duration of the license or permit and renewed annually with the license or permit.   All new applications and renewal applications for an exemption under this section will require review and approval from the Regulations and Enforcement Committee.  If approved by the Regulations and Enforcement Committee, the application shall be placed on the City Council agenda for consideration.  After City Council approval, the letter of exemption shall be signed by the City Clerk.

F.  In the event the Regulations and Enforcement Committee denies the licensee’s application for a letter of exemption under this section, the licensee shall have the right to appeal said denial to the Council by submitting a letter of appeal to the City Clerk within seven (7) days after receipt of the letter of exemption denial by the Regulations and Enforcement Committee.  The Council shall then schedule a hearing for the licensee within thirty (30) days of receipt of the appeal to determine whether the letter of exemption should have been denied and issue its decision thereafter.  Approval by the City Council of the letter of exemption under this section shall require six affirmative votes.

 Section 11.  Chapter 120.05 (6) is amended to read as follows:  “Valid Form of Identification Required on Licensed Premises”. 

 A.  It shall be required of all persons who enter licensed premises which are required to have a letter of exemption pursuant to subsection 5 of this section to have on their persons a valid form of identification, in the form of (1) pictured state drivers license, or (2) pictured state identification card, or (3) pictured military identification card with a date of birth, and to produce the identification upon demand of the license or permit holder, any employee or agent thereof, or a police officer, at any time.  Persons from whom identification is demanded but who cannot produce a valid form of identification shall not be allowed entry onto the licensed premises; or, if on the premises, must leave immediately.

 B.  Persons under the age of twenty-one who fraudulently cause themselves to be identified as age twenty-one or older shall be guilty of a violation of this section.  Persons who aid or abet any person under the age of twenty-one to be identified as age twenty-one or older shall be guilty of a violation of this section.

 C.  Persons that are found guilty under Section 6B, shall be guilty of a municipal infraction and shall be subject to a $250.00 fine for the first offense, and $500.00 for any subsequent offense.

 Section 12.  Chapter 120.05 (7) is amended to read as follows: 

A.  A licensee shall be subject to lose its exemption for up to 60 days for any violation of the Code of Iowa, Chapter 120, Clinton City Ordinances, any conditions of their letter of exemption, or for failing to employ the specific measures proposed to and approved by the Regulations and Enforcement Committee.

B.  Prior to the re-issuance of a letter of exemption under Section 5 that has been revoked, all bar/wait staff and security employees of the licensee must complete, pass and continue to be certified by T.I.P.S. training.

C.  The Council Regulations and Enforcement Committee shall hold a hearing for the licensee or permit holder to show cause as to why the City should not suspend the licensee’s exemption, liquor license, wine permit or beer permit.  The Regulations and Enforcement Committee shall forward a recommendation on whether the licensee’s exemption, license or permit should be suspended to the Council.  The Council may, pursuant to Section 123.39 of the Code of Iowa, suspend the exemption, license or permit for a period of up to one year.

 D.  The City Clerk shall notify the license or permit holder at least 7 days prior to the time the Council will consider the recommendation of the Regulations and Enforcement Committee.  The license or permit holder shall be given the opportunity to address the Council and state why the recommendation of the Regulations and Enforcement Committee should not be approved.  The Council may accept or modify the recommendation of the Regulations and Enforcement Committee.  The decision of the Council can be appealed to the administrator of the Iowa Alcoholic Beverages Division of the Department of Commerce except for any decision regarding the suspension, revocation or denial of the licensee’s exemption.

Section 13.  Severability Clause.  If any section, provision or part of this ordinance shall be adjudged 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 14.  Repealer.  Any ordinance or parts of ordinances in conflict herewith are hereby repealed.

 Section 15.  Effective Date.  This ordinance shall be in full force and effect from and after its adoption and publication as provided by law.

                                                                        MAYOR

LaMetta K. Wynn

ATTEST:

_________________________

Deborah K. Neels, City Clerk

ADOPTED: December 20, 2005