HomeMy WebLinkAbout2025-09-15 I03 State Legislative Changes 2025, Various_INTRO, 1ST-3RD READAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: September 15, 2025
AGENDA ITEM:Consideration of approval of an ordinance amending the Code of Ordinance
of the City of Waukee, Iowa, by incorporating 2025 State of Iowa legislative
changes [introduction; first reading]
FORMAT:Ordinance
SYNOPSIS INCLUDING PRO & CON: Amendments to Waukee Municipal Code are proposed to
mirror provisions within legislation which was approved by the State in the
2025 session:
Conflicts of Interest
Retail Alcohol License
Misrepresentation of Service Animals
Public Notice Requirements
Cigarette and Tobacco License (repeal and replace entire chapter)
Fireworks Use
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The Code of Iowa requires a vote of not less than three-
fourths of all the members of the council (or 4 out of 5, in Waukee’s case) in
order to waive readings of an ordinance.
RECOMMENDATION: Introduce the ordinance, approve the first reading in title only, waive the
second and third readings 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:
I3
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
WAUKEE, IOWA, BY INCORPORATING THE 2025 LEGISLATIVE CHANGES
Be It Enacted by the City Council of the City of Waukee, Iowa:
SECTION 1. SUBSECTION MODIFIED. Subsection 1 of Section 5.07 of the Code of
Ordinances of the City of Waukee, Iowa, is repealed and the following adopted in lieu thereof:
1. Compensation of Officers. The payment of lawful compensation of a City officer,
volunteer firefighter as defined in Section 85.61 of the Code of Iowa, emergency medical
care provider as defined in Section 147A.1 of the Code of Iowa, or employee holding more
than one City office or position, the holding of which is not incompatible with another
public office or is not prohibited by law. This subsection shall not be construed to prohibit
nominal stipends, compensation, incentives, or benefits for volunteer firefighters or
emergency medical care providers.
(Code of Iowa, Sec. 362.5(3)(a))
SECTION 2. SUBPARAGRAPH MODIFIED. Subparagraph (1) of Paragraph D of Subsection
4 of Section 7.05 of the Code of Ordinances of the City of Waukee, Iowa, is repealed and the
following is adopted in lieu thereof:
(1) Notice of the public hearing shall be published not less than four or more than 20
days in a newspaper published at least once weekly and having general circulation in the
City. However, if the City has a population of 200 or less, publication may be made by
posting in three public places in the City.
(Code of Iowa, Sec, 24.2A(4)(b)(2))
SECTION 3. SUBSECTION MODIFIED. Subsection 6 of Section 7.05 of the Code of
Ordinances of the City of Waukee, Iowa, is repealed and the following is adopted in lieu thereof:
6. Notice of Hearing. Following, and not until completion of requirements, of
Subsection 4 of this section, the Council shall set a time and place for public hearing on the
budget to be held before April 30 and shall publish notice of the hearing not less than four or
more than 20 days before the hearing. A summary of the proposed budget and a description
of the procedure for protesting the City budget under Section 384.19 of the Code of Iowa, in
the form prescribed by the Director of the Department of Management, shall be included in
the notice. Proof of publication of the notice under this subsection must be filed with the
County Auditor.
(Code of Iowa, Sec. 384.16(3))
SECTION 4. SUBSECTION MODIFIED. Subsection 2 of Section 41.15 of the Code of
Ordinances of the City of Waukee, Iowa, is repealed and the following adopted in lieu thereof:
2. Restrictions.
A. It is unlawful for any person to use or explode consumer fireworks within the
City outside of the following dates allowed by Section 364.2(6) of the Code of Iowa:
(1) July 3 between the hours of 9:00 a.m. and 10:00 p.m.
a. Except when July 3 falls on a Saturday or Sunday preceding
July 4, in which fireworks shall be allowed between the hours of 9:00
a.m. and 11:00 p.m.
(2) July 4 between the hours of 9:00 a.m. and 11:00 p.m.
(3) December 31 between the hours of 9:00 a.m. and 12:30 a.m. on the
immediately following day.
C. A person shall not use, explode, or discharge consumer fireworks on real
property other than that person’s real property or on the real property of a person
who has consented to the use of consumer fireworks on that property.
D. A person shall not use, explode, or discharge consumer fireworks within 500
feet of any structure which offers for sale in any manner combustible material,
including (but not limited to) gas stations, propane sales, or fireworks sales
establishments.
SECTION 5. NEW SECTION. The Code of Ordinances of the City of Waukee, Iowa, is
amended by adding a new Section 55.23, entitled FALSE REPRESENTATION OF SERVICE
ANIMAL, which is hereby adopted to read as follows:
55.23 FALSE REPRESENTATION OF SERVICE ANIMAL. A person commits the offense
of intentional misrepresentation of an animal as a service animal or a service-animal-in-training if,
for the purpose of obtaining any of the rights or privileges set forth in State or federal law, the
person intentionally misrepresents an animal in one’s possession as one’s service animal or service-
animal-in-training or a person with a disability’s service animal or service-animal-in-training whom
the person is assisting by controlling.
(Code of Iowa, Section 216C.11(3)(B))
SECTION 6. SUBSECTION MODIFIED. Subsection 8 of Section 120.05 of the Code of
Ordinances of the City of Waukee, Iowa, is repealed and the following adopted in lieu thereof:
8. Keep on premises covered by a retail alcohol license any alcoholic liquor in any
container except the original package purchased from the State Department of Revenue 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 Section
123.49, Subsection 2, Paragraph D, Subparagraphs (2), (3), and (4) of the Code of Iowa.
(Code of Iowa, Sec. 123.49(2)(d)(2), (3), and (4))
SECTION 7. CHAPTER MODIFIED. Chapter 121 of the Code of Ordinances of the City of
Waukee, Iowa, is repealed and the following adopted in lieu thereof:
CHAPTER 121
CIGARETTE AND TOBACCO PERMITS
121.01 Definitions 121.07 Expiration
121.02 Permit Required 121.08 Refunds
121.03 Application 121.09 Persons Under Legal Age
121.04 City Approval 121.10 Self-Service Sales Prohibited
121.05 Fees 121.11 Permit Revocation
121.06 Issuance
121.01 DEFINITIONS. For use in this chapter the following terms are defined:
(Code of Iowa, Sec. 453A.1)
1.“Alternative nicotine product” means a product, not consisting of or containing
tobacco, that provides for the ingestion into the body of nicotine, whether by chewing,
absorbing, dissolving, inhaling, snorting, or sniffing, or by any other means. “Alternative
nicotine product” does not include cigarettes, tobacco products, or vapor products, or a
product that is regulated as a drug or device by the United States Food and Drug
Administration under Chapter V of the Federal Food, Drug, and Cosmetic Act.
2.“Cigarette” means any roll for smoking made wholly or in part of tobacco, or any
substitute for tobacco, irrespective of size or shape and irrespective of tobacco or any
substitute for tobacco being flavored, adulterated, or mixed with any other ingredient, where
such roll has a wrapper or cover made of paper or any other material. However, cigarettes
shall not be construed to include cigars.
3.“Department” means the State Department of Revenue.
4.“Place of business” means any place where cigarettes, tobacco products, alternative
nicotine products, or vapor products are sold, stored, or kept for the purpose of sale or
consumption by a retailer.
5.“Retailer” means every person who sells, distributes, or offers for sale for
consumption, or possesses for the purpose of sale for consumption, cigarettes, alternative
nicotine products, or vapor products, irrespective of the quantity or amount or the number of
sales, or who engages in the business of selling tobacco, tobacco products, alternative
nicotine products, or vapor products to ultimate consumers.
6.“Self-service display” means any manner of product display, placement, or storage
from which a person purchasing the product may take possession of the product, prior to
purchase, without assistance from the retailer or employee of the retailer, in removing the
product from a restricted access location.
7.“Tobacco products” means the following: cigars; little cigars; cheroots; stogies;
periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff;
cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts or refuse
scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco
prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or
for both chewing and smoking, but does not mean cigarettes.
8.“Vapor product” means any noncombustible product, which may or may not contain
nicotine, that employs a heating element, power source, electronic circuit, or other
electronic, chemical, or mechanical means, regardless of shape or size, that can be used to
produce vapor from a solution or other substance. “Vapor product” includes an electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device,
and any cartridge or other container of a solution or other substance, which may or may not
contain nicotine, that is intended to be used with or in an electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe, or similar product or device. “Vapor product”
does not include a product regulated as a drug or device by the United States Food and Drug
Administration under Chapter V of the Federal Food, Drug, and Cosmetic Act.
121.02 PERMIT REQUIRED.
1.Retail Cigarette Permits. It is unlawful for any person, other than a holder of a retail
permit, to sell cigarettes, alternative nicotine products, or vapor products at retail and no
retailer shall distribute, sell, or solicit the sale of any cigarettes, alternative nicotine products,
or vapor products within the City without a valid permit for each place of business. The
permit shall, at all times, be publicly displayed at the place of business so as to be easily
seen by the public and the persons authorized to inspect the place of business.
(Code of Iowa, Sec. 453A.13(1))
2.Retail Tobacco Permits. It is unlawful for any person to engage in the business of a
retailer of tobacco, tobacco products, alternative nicotine products, or vapor products at any
place of business without first having received a permit as a retailer for each place of
business owned or operated by the retailer.
(Code of Iowa, Sec. 453A.47A(1))
A retailer who holds a retail cigarette permit is not required to also obtain a retail tobacco permit.
However, if a retailer only holds a retail cigarette permit and that permit is suspended, revoked, or
expired, the retailer shall not sell any tobacco, tobacco products, alternative nicotine products, or
vapor products, during such time.
(Code of Iowa, Sec. 453A.47A(4))
121.03 APPLICATION. A retailer shall submit to the department an application on forms
furnished by the department, accompanied by the required fees and adequate bond as provided in
Section 453A.14, of the Code of Iowa. Applications, any supporting documentation, and the
associated fees shall be submitted electronically to the department.
(Code of Iowa, Sec. 453A.13(5))
121.04 CITY APPROVAL. The City may approve retail permit applications for applicants with
a place of business within the City limits. The City shall use the electronic portal of the department
to process retail permit applications. Upon approval of a retail permit application by the City the
department shall issue the permit to the applicant on behalf of the City.
(Code of Iowa, Sec. 453A.13(2))
121.05 FEES. The fee for a retail cigarette or tobacco permit shall be as follows:
(Code of Iowa, Sec. 453A.13(3)(b) and 453A.47A(7))
FOR PERMITS GRANTED DURING: FEE:
July, August, or September $100.00
October, November, or December $ 75.00
January, February, or March $ 50.00
April, May, or June $ 25.00
121.06 ISSUANCE. Each permit issued shall describe clearly the place of business for which it
is issued and shall be nonassignable.
(Code of Iowa, Sec. 453A.13(9))
121.07 EXPIRATION. All permits shall expire on June 30 of each year. A permit shall not be
granted or issued until the applicant has paid the fees to the department for the next period ending
on June 30.
(Code of Iowa, Sec. 453A.13(3)(a))
121.08 REFUNDS. A retailer may surrender an unrevoked permit and receive a refund from the
City, except during April, May, or June, in accordance with the schedule of refunds as provided in
Section 453A.13 or 453A.47A of the Code of Iowa.
(Code of Iowa, 453A.13(4) and 453A.47A(8))
121.09 PERSONS UNDER LEGAL AGE. A person shall not sell, give, or otherwise supply
any tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes to any
person under 21 years of age. The provision of this section includes prohibiting a person under 21
years of age from purchasing tobacco, tobacco products, alternative nicotine products, vapor
products, and cigarettes from a vending machine. If a retailer or employee of a retailer violates the
provisions of this section, the Council shall, after written notice and hearing, and in addition to the
other penalties fixed for such violation, assess the following:
1.For a first violation, the retailer shall be assessed a civil penalty in the amount of
$300.00. Failure to pay the civil penalty as ordered under this subsection shall result in
automatic suspension of the permit for a period of 14 days.
2.For a second violation within a period of two years, the retailer shall be assessed a
civil penalty in the amount of $1,500.00 or the retailer’s permit shall be suspended for a
period of 30 days. The retailer may select its preference in the penalty to be applied under
this subsection.
3.For a third violation within a period of three years, the retailer shall be assessed a
civil penalty in the amount of $1,500.00 and the retailer’s permit shall be suspended for a
period of 30 days.
4.For a fourth violation within a period of three years, the retailer shall be assessed a
civil penalty in the amount of $1,500.00 and the retailer’s permit shall be suspended for a
period of 60 days.
5.For a fifth violation within a period of four years, the retailer’s permit shall be
revoked.
The Clerk shall give 10 days’ written notice to the retailer by mailing a copy of the notice to the
place of business as it appears on the application for a permit. The notice shall state the reason for
the contemplated action and the time and place at which the retailer may appear and be heard.
(Code of Iowa, Sec. 453A.2, 453A.22, and 453A.36(6))
121.10 SELF-SERVICE SALES PROHIBITED. Except for the sale of cigarettes through a
cigarette vending machine as provided in Section 453A.36(6) of the Code of Iowa, a retailer shall
not sell or offer for sale tobacco, tobacco products, alternative nicotine products, vapor products, or
cigarettes through the use of a self-service display.
(Code of Iowa, Sec. 453A.36A)
121.11 PERMIT REVOCATION. Following a written notice and an opportunity for a hearing,
as provided by the Code of Iowa, the Council may also revoke a permit issued pursuant to this
chapter for a violation of Division I of Chapter 453A of the Code of Iowa or any rule adopted
thereunder. If a permit is revoked, a new permit shall not be issued to the permit holder for any
place of business, or to any other person for the place of business at which the violation occurred,
until one year has expired from the date of revocation, unless good cause to the contrary is shown to
the Council. The Clerk shall report the revocation or suspension of a retail permit to the department
within 30 days of the revocation or suspension.
(Code of Iowa, Sec. 453A.22)
SECTION 8. 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 9. 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 15th day of September, 2025, and approved this 15th day of September,
2025.
Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk