HomeMy WebLinkAbout2023-09-05 Ordinance 3092_Liquor Licenses, Cigarette and Tobacco PermitsORDINANCE NO. 3092
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
WAUKEE, IOWA, BY AMENDING PROVISIONS PERTAINING TO LIQUOR
LICENSES AND CIGARETTE AND TOBACCO PERMITS
Be It Enacted by the City Council of the City of Waukee, Iowa:
SECTION 1. 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of Waukee, Iowa, is repealed and the following adopted in lieu thereof: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 Iowa
Department of Revenue.
(Code of Iowa, Sec. 123.32[2])
SECTION 2. SECTION MODIFIED. Section 120.05 of the Code of Ordinances of the City
of Waukee, Iowa, is repealed and the following adopted in lieu thereof: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[l])
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 tide credit
card. This provision does not apply to sales by a club to its members, to sales by a hotel
or motel to bona tide 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, except as follows:
A. Definitions. For use in this subsection the following terms are defined as
follows:
(1) "Bar" means an establishment where one may purchase alcoholic
beverages for consumption on the premises and in which the serving of
food is only incidental to the consumption of those beverages.
(Code of Iowa, Sec. 142D.2[I])
(2) "Restaurant" means eating establishments, including private and
public school cafeterias, which offer food to the public, guests, or
employees, including the kitchen and catering facilities in which food is
prepared on the premises for serving elsewhere, and including a bar area
within a restaurant.
(Code of Iowa, Sec. 142D. 2[17])
B. This subsection shall not apply if the employer has, on file, written
permission from the parent, guardian, or legal custodian of a person 16 or 17
years of age for the person to sell or serve alcoholic beverages for consumption on
the premises where sold. However, a person 16 or 17 years of age shall not work
in a bar as defined in Paragraph A.
(1) The employer shall keep a copy of the written permission on file
until the person is either 18 years of age or no longer engaged in the sale
of or serving alcoholic beverages for consumption on the premises where
sold.
(2) If written permission is on file in accordance with Paragraph B, a
person 16 or 17 years of age may sell or serve alcoholic beverages in a
restaurant as defined above in Paragraph A during the hours in which the
restaurant serves food.
C. A person 16 or 17 years of age shall not sell or serve alcoholic beverages
under this subsection unless at least two employees 18 years of age or older are
physically present in the area where alcoholic beverages are sold or served.
D. If a person employed under this subsection reports an incident of
workplace harassment to the employer or if the employer otherwise becomes
aware of such an incident, the employer shall report the incident to the
employee's parent, guardian, or legal custodian and to the Iowa Civil Rights
Commission, which shall determine if any action is necessary or appropriate
under Chapter 216 of the Code of7owa.
E. An employer that employs a person under this subsection shall require the
person to attend training on prevention and response to sexual harassment upon
commencing employment.
F. Prior to a person commencing employment under this subsection, the
employer shall notify the employer's dramshop liability insurer, in a form and
time period prescribed by the Director, that the employer is employing a person
under this subsection.
(Code of Iowa, Sec. 123.49[2fJ)
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.
(Code of7owa, 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 Iowa 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 rules
adopted by the Iowa Department of Revenue.
(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[2k])
SECTION 3. SECTION MODIFIED. Section 121.05 of the Code of Ordinances of the City
of Waukee, Iowa, is repealed and the following adopted in lieu thereof:
121.05 ISSUANCE AND EXPIRATION. Upon proper application and payment of the
required fee, a permit shall be issued. Each permit issued shall describe clearly the place of
business for which it is issued and shall be nonassignable. All permits expire on June 30 of each
year. The Clerk shall submit a duplicate of any application for a permit to the Iowa Department
of Revenue within 30 days of issuance of a permit.
SECTION 4. 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 5. 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 51h day of September, 2023, and approved this 5`h day of September,
2023.
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Courtney Clarke, Mayor
Attest:
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Rebecca D. Schuett, City Clerk