HomeMy WebLinkAbout2022-08-15 I04 State Legislative Changes 2022, Alcoholic Beverages Control Ordinance_2ND-3RD READAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: August 15, 2022
AGENDA ITEM:Consideration of approval of an ordinance amending Code of Ordinances of
the City of Waukee, Iowa, by amending provisions within Chapter 45,
Alcohol Consumption and Intoxication, pertaining to alcoholic beverage
control [second, third (final) readings]
FORMAT:Ordinance
SYNOPSIS INCLUDING PRO & CON:
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: As the ordinance revisions reflect provisions recently
approved by the State legislature and as there have been no public comments
on the proposed ordinance, City staff recommend approval of the second
reading of the ordinance in title only and waiver of the third reading. The
Code of Iowa requires a vote of not less than three-fourths of all the members
of the Council (or four out of five in Waukee’s case) in order to waive
readings of an ordinance.
RECOMMENDATION: Approve the second reading of the ordinance in title only, waive the third
reading and place the ordinance on final passage.
ATTACHMENTS: I. Proposed Ordinance
PREPARED BY: Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I4
ORDINANCE NO. _______
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
WAUKEE, IOWA, BY AMENDING PROVISIONS PERTAINING TO ALCOHOLIC
BEVERAGE CONTROL
Be It Enacted by the City Council of the City of Waukee, Iowa:
SECTION 1. SECTION MODIFIED. Section 45.01 of the Code of Ordinances of the City
of Waukee, Iowa, is repealed and the following adopted in lieu thereof:
45.01 PERSONS UNDER LEGAL AGE. As used in this section, “legal age”
means 21 years of age or more.
1. A person or persons under legal age shall not purchase or attempt to
purchase, consume, or individually or jointly have alcoholic beverages in their
possession or control; except in the case of any alcoholic beverage given or
dispensed to a person under legal age within a private home and with the
knowledge, presence, and consent of the parent or guardian, for beverage or
medicinal purposes or as administered to the person by either a physician or
dentist for medicinal purposes and except to the extent that a person under
legal age may handle alcoholic beverages during the regular course of the
person’s employment by a retail alcohol licensee, or wine or beer permittee
under State laws.
(Code of Iowa, Sec. 123.47[3])
2. A person under legal age shall not misrepresent the person’s age for the
purpose of purchasing or attempting to purchase any alcoholic beverage from
any retail alcohol licensee.
(Code of Iowa, Sec. 123.49[3])
SECTION 2. SUBSECTION MODIFIED. Subsection 2 of Section 45.02 of the Code of
Ordinances of the City of Waukee, Iowa, is repealed and the following adopted in lieu
thereof:
2. A person shall not use or consume alcoholic liquor, wine, or beer upon the
public streets or highways. A person shall not use or consume alcoholic liquor in any
public place, except premises covered by a retail alcohol license. A person shall not
possess or consume alcoholic liquors, wine, or beer on public school property or while
attending any public or private school-related function. A person shall not be
intoxicated in a public place.
SECTION 3. SECTION MODIFIED. Section 120.03 of the Code of Ordinances of the
City of Waukee, Iowa, is repealed and the following adopted in lieu thereof:
120.03 INVESTIGATION. Upon receipt of an application for a retail alcohol
license, the Clerk may 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 may also inspect the premises to determine if they
conform to the requirements of the City. The Council shall not approve an application
for a license for any premises that does not conform to the applicable law and
ordinances, resolutions, and regulations of the City.
(Code of Iowa, Sec. 123.30)
SECTION 4. SECTION MODIFIED. Section 120.04 of the Code of Ordinances of the
City of Waukee, Iowa, is repealed and the following adopted in lieu thereof:
120.04 ACTION BY COUNCIL. The Council shall either approve or disapprove the
issuance of a retail alcohol license, shall endorse its approval or disapproval on the
application, and shall forward the application with the necessary fee and bond, if
required, to the Alcoholic Beverages Division.
(Code of Iowa, Sec. 123.32[2])
SECTION 5. SECTION MODIFIED. Section 120.05 of the Code of Ordinances of the
City of Waukee, is repealed and the following adopted in lieu thereof:
120.05 PROHIBITED SALES AND ACTS. A person holding a retail alcohol
license and the person’s agents or employees shall not do any of the following:
1.Sell, dispense, or give to any intoxicated person, or one simulating
intoxication, any alcoholic beverage.
(Code of Iowa, Sec. 123.49[1])
2.Sell or dispense any alcoholic beverage on the premises covered by the
license, or permit its consumption thereon between the hours of 2:00 a.m. and
6:00 a.m. on any day of the week.
(Code of Iowa, Sec. 123.49[2b])
3.Sell alcoholic beverages to any person on credit, except with a bona
fide credit card. This provision does not apply to sales by a club to its
members, to sales by a hotel or motel to bona fide registered guests, or to retail
sales by the managing entity of a convention center, civic center, or events
center.
(Code of Iowa, Sec. 123.49[2c])
4.Employ a person under 18 years of age in the sale or serving of
alcoholic beverages for consumption on the premises where sold.
(Code of Iowa, Sec. 123.49[2f])
5.In the case of a retail wine or beer permittee, knowingly allow the
mixing or adding of alcohol or any alcoholic beverage to wine, beer, or any
other beverage in or about the permittee’s place of business.
(Code of Iowa, Sec. 123.49[2i])
6.Knowingly permit any gambling, except in accordance with Iowa law,
or knowingly permit any solicitation for immoral purposes, or immoral or
disorderly conduct on the premises covered by the license or permit.
(Code of Iowa, Sec. 123.49[2a])
7.Knowingly permit or engage in any criminal activity on the premises
covered by the license.
(Code of Iowa, Sec. 123.49[2j])
8.Keep on premises covered by a retail alcohol license any alcoholic
liquor in any container except the original package purchased from the
Alcoholic Beverages Division of the State Department of Commerce and
except mixed drinks or cocktails mixed on the premises for immediate
consumption. However, mixed drinks or cocktails that are mixed on the
premises and are not for immediate consumption may be consumed on the
licensed premises, subject to rules adopted by the Alcoholic Beverages
Division.
(Code of Iowa, Sec. 123.49[2d])
9.Reuse for packaging alcoholic liquor or wine any container or
receptacle used originally for packaging alcoholic liquor or wine; or adulterate,
by the addition of any substance, the contents or remaining contents of an
original package of an alcoholic liquor or wine; or knowingly possess any
original package that has been reused or adulterated.
(Code of Iowa, Sec. 123.49[2e])
10.Allow any person other than the licensee or employees of the licensee
to use or keep on the licensed premises any alcoholic liquor in any bottle or
other container that is designed for the transporting of such beverages, except
as allowed by State law.
(Code of Iowa, Sec. 123.49[2g])
11.Sell, give, possess, or otherwise supply a machine that is used to
vaporize an alcoholic beverage for the purpose of being consumed in a
vaporized form.
(Code of Iowa, Sec. 123.49[21])
SECTION 6. SECTION MODIFIED. Section 120.06 of the Code of Ordinances of the
City of Waukee, is repealed and the following adopted in lieu thereof:
120.06 AMUSEMENT DEVICES. The following provisions pertain to electrical or
mechanical amusement devices possessed and used in accordance with Chapter 99B of
the Code of Iowa. (Said devices are allowed only in premises with a retail alcohol
license, as specifically authorized in said Chapter 99B.)
(Code of Iowa, Sec. 99B.57)
1.As used in this section, “registered electrical or mechanical amusement
device” means an electrical or mechanical device required to be registered with
the Iowa Department of Inspection and Appeals, as provided in Section 99B.53
of the Code of Iowa.
2.It is unlawful for any person under the age of 21 to participate in the
operation of a registered electrical or mechanical amusement device.
3.It is unlawful for any person owning or leasing a registered electrical or
mechanical amusement device, or an employee of a person owning or leasing a
registered electrical or mechanical amusement device, to knowingly allow a
person under the age of 21 to participate in the operation of a registered
electrical or mechanical amusement device.
4.It is unlawful for any person to knowingly participate in the operation
of a registered electrical or mechanical amusement device with a person under
the age of 21.
SECTION 7. 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 8. WHEN EFFECTIVE. This ordinance shall be in effect from and after its
final passage, approval and publication as provided by law.
Passed by the Council the ___ day of _______, 2022, and approved this ___ day of _______,
2022.
Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk