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CHAPTER 1: LIQUOR AND BEER CONTROL
ARTICLE 1 - GENERAL PROVISIONS
1.01 PURPOSE. The purpose of this chapter is to provide administration of licenses and permits and for local regulations and procedures for the conduct of the sale and consumption of beer and liquor, for the protection of the safety, morals and general welfare of this community.
1.02 DEFINITIONS. Where words and phrases used in this chapter are defined by state law, such definitions shall apply to their use in this chapter and are adopted by reference. Those definitions so adopted that need further definition or are reiterated, and other words and phrases used herein, shall have the following meanings:
1. "Person of Good Moral Character" shall mean any person who meets all of the following requirements:
(Code of Iowa, Sec. 123.3(12))
a. Has such financial standing and good reputation as will satisfy the commission and the administrator that he will comply with the Iowa Beer and Liquor Control Act and all other laws, ordinances and regulations applicable to his operations under state law. The administrator shall not require the person to post a bond to meet the requirements of this paragraph.
b. Does not possess a federal gambling stamp.
c. Is not prohibited by the Code of Iowa from obtaining a liquor license or beer permit.
(Code of Iowa, Sec. 123.40)
d. Is a Citizen of the United States and a resident of Iowa, or licensed to do business in Iowa in the case of a corporation.
e. Has not been convicted of a felony. However, if his conviction of a felony occurred more than five (5) years before the application for a license or permit, and if his rights of citizenship have been restored by the Governor, the administrator may determine that he is a person of good moral character notwithstanding such conviction.
f. If such person is a corporation, partnership, association, club, or hotel or motel, the requirements of this subsection shall apply to each of the officers, administrators and partners of such person, and to any person who directly or indirectly owns or controls ten (10) percent or more of any class of stock of such person or has an interest of ten (10) percent or more in the ownership or profits of such person. For the purpose of this provision, an individual and his spouse shall be regarded as one person.
2. "Club" shall mean any nonprofit corporation or association of individuals, which is the owner, lessee or occupant of a permanent building or part thereof, membership in which entails the prepayment of regular dues and is not operated for a profit other than such profits as would accrue to the entire membership.
(Code of Iowa, Sec. 123.3(29))
3. "Commercial establishment" shall mean a place of business which is at all times equipped with sufficient tables and seats to accommodate twenty-five (25) persons at one time, and the licensed premises of which conform to the ordinances of the city.
(Code of Iowa, Sec. 123.3(30))
4. "Grocery store" shall mean any retail establishment, the business of which consists of the sale of food products or beverages for consumption off the premises.
(Code of Iowa, Sec. 123.129)
5. "Pharmacy" shall mean a drug store in which drugs and medicines are exposed for sale and sold at retail, or in which prescriptions of licensed physicians and surgeons, dentists or veterinarians are compounded and sold by a registered pharmacist.
(Code of Iowa, Sec. 123.129)
6. "Hotel or Motel" shall mean a premise licensed by the state department of agriculture and regularly or seasonally kept open in a bona fide manner for the lodging of transient guests, and with twenty (20) or more sleeping rooms.
(Code of Iowa, Sec. 123.3(32))
7. "Legal age" shall mean twenty-one (21) years of age or more.
8. "Administrator" shall mean the administrator of the division.
(Code of Iowa, Sec. 123.3(3))
9. "Department" shall mean the alcoholic beverages division of the Iowa Department of Commerce.
(Code of Iowa, Sec. 123.3(2))
1.03 LIQUOR STORE LOCATION. No liquor store shall be located within three hundred (300) feet of a public or private educational institution.
1.04 PERSONS UNDER LEGAL AGE
A person or persons under legal age shall not purchase or attempt to purchase
or individually or jointly have alcoholic liquor, wine or beer in their possession or control; except in the case of liquor, wine or beer 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 the 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, wine and beer during the regular course of the person's employment by a liquor control licensee, or wine beer permittee under State laws.
(Code of Iowa, Sec. 123.47 (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, wine or beer from any licensee or permittee.
(Code of Iowa, Sec. 124.49 (3))
1.05 PUBLIC CONSUMTION OR INTOXICATION. It is unlawful for any person to use or consume alcoholic liquors or beer upon the public streets or highways, or alcoholic liquors in any public place, except premises covered by a liquor control license, or to possess or consume alcoholic liquors or beer on any public school property or while attending any public or private school related function, and no person shall be intoxicated nor simulate intoxication in a public place. As used in this section "school" means a school or that portion thereof which provides teaching for any grade from kindergarten through grade twelve (12).
(Code of Iowa, Sec. 123.46)
1.06 OPEN CONTAINERS IN A MOTOR VEHICLE. Any person driving a motor vehicle or a passenger in a motor vehicle shall not knowingly possess in the motor vehicle upon a public street or highway any open or unsealed bottle, can, jar, or other receptacle containing an alcoholic beverage or beer with the intent to consume the alcoholic beverage or beer upon a public street or highway. Evidence that an open or unsealed receptacle containing an alcoholic beverage or beer was found during an authorized search in the glove department, utility compartment, console, unlocked portable device, or within the driver or passenger area of the motor vehicle while it is upon a public street or highway is evidence from which the court or a jury may infer that the driver or passenger intended to consume the alcoholic beverage or beer while upon the public street or highway.
(Code of Iowa, Sec. 321.284)
CHAPTER 1: LIQUOR, BEER AND WINE CONTROL
ARTICLE 2 - BEER AND WINE PERMITS AND LIQUOR LICENSES
2.01 LICENSE OR PERMIT REQUIRED. It shall be unlawful for any person to sell, offer or keep for sale alcoholic liquor, wine, or beer without first securing a liquor control license or beer or wine permit in accordance with the provisions of this chapter and state law.
(Code of Iowa, Sec. 123.2)
2.02 NATURE OF LICENSE OR PERMIT. A liquor control license or beer permit or wine permit shall be a purely personal privilege and be revocable for cause. It shall not constitute property nor be subject to attachment and execution nor be alienable nor assignable, and in any case it shall cease upon the death of the permittee or licensee. However, the administrator may in his discretion allow the executor or administrator of a permittee or licensee to operate the business of the descendant for a reasonable time not to exceed the expiration date of the permit or license. Every permit or license shall be issued in the name of the applicant and no person holding a permit or license shall allow any other person to use same.
(Code of Iowa, Sec. 123.38)
2.03 BEER PERMITS - CLASSES. Beer permits shall be classed as follows:
1. CLASS "B". A class "B" beer permit shall allow the holder to sell beer at retail for consumption on or off the premises.
(Code of Iowa, Sec. 123.124&123.131)
2. CLASS "C". A class "C" beer permit shall allow the holder to sell beer at retail for consumption off the premises only. Such sales shall be in original containers only. No class "C" permit shall be issued to any person except the owner or proprietor of a grocery store or pharmacy.
(Code of Iowa, Sec. 123.124 & 123.129)
2.04 WINE PERMITS - CLASSES. Wine permits shall be classed as follows:
1. CLASS "A". A class "A" wine permit shall allow the holder to manufacture and sell, or sell at wholesale, wine for consumption off the premises.
(Code of Iowa, 123.173 & 123.177)
2. CLASS "B". A class "B" wine permit shall allow the holder to sell wine at retail for consumption off the premises.
(Code of Iowa, 123.173 & 123.177)
2.05 LIQUOR LICENSES - CLASSES. Liquor control licenses shall be classed as follows:
1. CLASS "A". A class "A" liquor control license may be issued to a club and shall authorize the holder to purchase alcoholic liquors from class "E" liquor control licensees only, wine from class "A" wine permittees only, and native wines from native wine manufacturers, and to sell liquors, wine, and beer, to bona fide members and their guests by the individual drink for consumption on the premises only.
(Code of Iowa, Section 123.30(3)(a))
2. CLASS "B". A class "B" liquor control license may be issued to a hotel or motel and shall authorize the holder to purchase alcoholic liquors from class "E" liquor control licensees, wine from class "A" wine permittees only, and native wines from native wine manufacturers, and to sell liquors, wine, and beer, to patrons by the individual drink for consumption on the premises only. However, beer may also be sold for consumption off the premises. Each license shall be effective throughout the premises.
(Code of Iowa, Sec. 123.30(3)(b))
3. CLASS "C". A class "C" liquor control license may be issued to a commercial establishment but must be issued in the name of the individuals who actually own the entire business and shall authorize the holder to purchase alcoholic liquors from class "E" liquor control licensees only, wine from class "A" wine permittees only, and native wines from native wine manufacturers, and to sell liquors, wine, and beer, to patrons by the individual drink for consumption on the premises only. However, beer may also be sold for consumption off the premises.
A special class "C" liquor control license may be issued and shall authorize the holder to purchase wine from class "A" wine permittees only, and to sell wine and beer to patrons by the individual drink for consumption on the premises only. However, beer may also be sold for consumption off the premises. The license issued to holders of a special class "C" license shall clearly state on its face that the license is limited.
(Code of Iowa, Sec. 123.30(3)(c))
4. CLASS "E". A class "E" liquor control license may be issued and shall authorize the holder to purchase alcoholic liquor from the division only and to sell the alcoholic liquor to patrons for consumption off the licensed premise and to other liquor control licensees. A class "E" license shall not be issued to premises at which gasoline is sold. A holder of a class "E" liquor control license may hold other liquor control licenses, wine or beer permits, but the premises licensed under a class "E" liquor control license shall be separate from other licensed premises, though the separate premises may have a common entrance. However, the holder of a class "E" liquor control license may also hold a class "B" wine or class "C" beer permit or both for the premises licensed under a class "E" liquor control license. The division may issue a Class "E" liquor control license for premises covered by a liquor control license or wine or beer permit for on-premise consumption, if the premises are in a county having a population under nine thousand five hundred in which no other class "E" liquor control license has been issued by the division, and no other applicant for a class "E" license has been made within the previous twelve consecutive months.
(Code of Iowa, Section 123.30(3)(e))
2.06 APPLICATION. A verified application for the original issuance or the renewal of a liquor control license or a beer permit or wine permit shall be filed at such time, in such number of copies and in such form as the administrator shall prescribe, on forms prescribed by him.
(Code of Iowa, Sec. 123.31)
2.07 BOND FILED. The application shall be accompanied by the necessary fee and bond, if required, and be filed with the council for approval or disapproval.
(Code of Iowa, Sec. 123.32 & 123.127)
1. LIQUOR CONTROL LICENSE. Upon posting bond in the penal sum of $5,000.00, and conditioned upon the payment of all taxes payable to the state under the provisions of the Iowa beer and liquor control act and compliance with all provisions of the act.
(Code of Iowa, Sec. 123.30(1))
2. BEER PERMIT AND WINE PERMIT. With class "B" and "C" beer permits, or class "A" and "B" wine permits, upon posting bond in the penal sum of $500.00, and conditioned upon the faithful observance of the Iowa beer and liquor control act.
(Code of Iowa, Sec. 123.128&123.129)
2.08 CONDITIONS FOR APPROVAL. No liquor control license or beer or wine permit shall be approved unless:
1. CHARACTER OF APPLICANT. The applicant is a person of good moral character as defined by this chapter and in the case of a club, corporation or partnership, the officers of the club or corporation and the partners of a partnership are of good moral character as defined by this chapter.
(Code of Iowa, Sec. 123.30(1))
2. RIGHT OF ENTRY. The applicant gives consent in writing on the application that members of the fire and police departments may enter upon the premises without warrant to inspect for violations of the provisions of state law and of this chapter.
(Code of Iowa, Sec. 123.30(1))
3. ACCESS TO RESIDENTIAL OR SLEEPING QUARTERS. No interior access or residential or sleeping quarters is permitted or maintained unless permission is granted by the administrator in the form of a living quarters permit.
(Code of Iowa, Sec. 123.30(2))
4. LOCATION OF PREMISES. The premises are located within areas where such businesses are, or hereafter are, permitted by zoning regulations.
(Code of Iowa, Sec 123.128(1b))
5. SEATING CAPACITY. The premises are, at the time of the application and continue to be, equipped with sufficient tables and seats to accommodate twenty-five (25) persons at one time.
(Code of Iowa, Sec. 123.128(1b))
6. CONFORM TO APPLICABLE LAWS. The premises conform to all applicable laws, ordinances, resolutions, and health and fire regulations.
(Code of Iowa, Sec. 123.30(2) & 123.127(2))
2.09 CIVIL LIABILITY. Every liquor control licensee and class "B" beer permittee shall furnish proof of financial responsibility either by the existence of a liability insurance policy or by posting bond in such amount as determined by the division.
(Code of Iowa, Sec. 123.92)
2.10 SEPARATE LOCATIONS. Every person holding a class "B" or class "C" beer permit or class "A" or "B" wine permit having more than one place of business where such beer or wine is sold shall be required to have a separate license for each separate place of business, except as otherwise provided by state law.
(Code of Iowa, Sec. 123.140)
2.11 INVESTIGATION. Upon receipt of an original application for a liquor license or beer or wine permit by the clerk, it shall be forwarded to a person authorized by the City Council who shall conduct an investigation and submit a written report as to the truth of the facts averred in the application and a recommendation to the Council as to the approval of the license or permit. It shall be the duty a City Council authorized person to inspect the premises to determine if they conform to the requirements of the city, and no license or permit shall be approved until or unless an approving report has been filed with the council by such officer.
(Code of Iowa, Sec. 123.30(1))
2.12 LICENSE AND PERMIT FEES. The following fees shall be submitted with the respective application:
1. CLASS "B" BEER. For a class "B" beer license the annual fee shall be:
a. For cities with population under 1,500:
1) Without Sunday sales privileges . . . . . . . $100.00
2) With Sunday sales privileges . . . . . . . . . $120.00
(Code of Iowa, Sec. 123.134(2&5))
2. CLASS "C" BEER. For a class "C" beer permit the annual fee shall be graduated on the basis of the amount of interior floor space which comprises the retail sales area of the premises covered by the permit, as follows:
a. Up to one thousand five hundred square feet $75.00
b. Over one thousand five hundred square feet and up to two thousand square feet $100.00
c. Over two thousand and up to five thousand square feet $200.00
d. Over five thousand square feet $300.00
(Code of Iowa, Sec. 123.134(3))
e. A Sunday sales permit will increase the fee by 20%.
(Code of Iowa, Sec. 123.134(5))
3. CLASS "A" WINE. For a class "A" wine permit the annual fee is $750.00.
(Code of Iowa, Sec. 123.179(1))
4. CLASS "B" WINE. For a class "B" wine permit the annual fee is $500.00.
(Code of Iowa, Sec. 123.179(2))
5. CLASS "A" LIQUOR. For a class "A" liquor control license the annual fee shall be:
a. Club, less than 250 members:
without Sunday sales privileges $400.00
with Sunday sales privileges $480.00
b. Club, which is a post, branch or chapter of a veterans organization chartered by the Congress of the United States, if such club does not sell or permit the consumption of alcoholic beverages on the premises more than one day in any week, and if the application for a license states that such club does not and will not sell or permit the consumption of alcoholic beverages on the premises more than one day in any week:
without Sunday sales privileges $200.00
with Sunday sales privileges $240.00
(Code of Iowa, Sec. 123.36(2))
6. CLASS "B" LIQUOR. For a class "B" liquor control license the annual fee shall be:
a. Cities of 3,000 or less population $800.00
b. The fee is 20% more for Sunday sales.
(Code of Iowa, Sec. 123.36(3))
7. CLASS "C" LIQUOR. For a class "C" liquor control license the annual fee shall be:
a. Cities of 1,500 population or less $600.00
b. The fee is 20% more for Sunday sales.
(Code of Iowa, Sec. 123.36(4,6))
8. CLASS "E" LIQUOR. For a class "E" liquor license, the annual fee is a sum of not less than $750.00, and not more than $7,500.00 as determined on a sliding scale as established by the division taking into account the factors of square footage of the licensed premises, the location of the licensed premises and the population of the area of the location of the licensed premises.
(Code of Iowa, Sec.123.36(9))
2.13 SURCHARGE. There is imposed a surcharge on the fee for each class "A", "B" or "C" liquor license equal to 30% of the scheduled license fee to be collected and deposited as provided in the Code of Iowa.
(Code of Iowa, Sec.123.36(10))
2.14 SEASONAL PERMITS. Six (6) or eight (8) month seasonal licenses or beer permits may be issued for a proportionate part of the license or permit fee. No seasonal license or permit shall be renewed except after a period of two (2) months. Seasonal licensing shall be only as permitted by state law.
(Code of Iowa, Sec. 123.34(1))
2.15 ACTION BY COUNCIL. Action taken by the council shall be so endorsed on the application and thereafter the application, fee and bond shall be forwarded to the division for such further action as is provided by law.
(Code of Iowa, Sec. 123.32(2))
2.16 EXPIRATION. All liquor control licenses and beer permits, unless sooner suspended or revoked, shall expire one year from date of issuance.
(Code of Iowa, Sec. 123.34(1))
2.17 REFUNDS. Any such licensee or permittee, or his executor, administrator, or any person duly appointed by the court to take charge of and administer the property or assets of the licensee or permittee for the benefit of his creditors, may voluntarily surrender such license or permit to the department and shall notify the city, and the department and the city, or the city by itself in the case of a retail beer or wine permit, shall refund to the person so surrendering the license or permit a proportionate amount of the fee paid for such license or permit as follows:
1. BEFORE THREE MONTH PERIOD. If surrendered during the first three (3) months of the period for which said license or permit was issued the refund shall be three-fourths of the amount of the fee.
2. SIX MONTH PERIOD. If surrendered more than three (3) months but not more than six (6) months after issuance the refund shall be one-half of the amount of the fee.
3. SIX - NINE MONTH PERIOD. If surrendered more than six (6) months but not more than nine (9) months after issuance the refund shall be one-fourth of the amount of the fee.
4. AFTER NINE MONTH PERIOD. No refund shall be made, however, for a liquor control license or beer or wine permit surrendered more than nine (9) months after issuance.
5. SUNDAY SALES. No refund will be given on the Sunday Sales portion of a license or permit fee.
6. COMPLAINT FILED. No refund shall be made to any licensee or permittee, upon the surrender of his license or permit, if there is at the time of said surrender a complaint filed with the department or the city, charging him with a violation of this chapter or provisions of the Iowa beer and liquor control act.
HEARING ON COMPLAINT. If upon hearing on any such complaint the license or permit is not revoked or suspended, then the licensee or permittee shall be eligible, upon surrender of his license or permit, to receive a refund as herein provided. But if his license or permit is revoked or suspended upon such hearing he shall not be eligible for the refund of any portion of his license or permit fee.
8. SEASONAL LICENSES OR PERMITS. No refund shall be made for seasonal licenses or permits.
(Code of Iowa, Sec. 123.38)
2.18 TRANSFERS. The council may, in its discretion, authorize a licensee or permittee to transfer the license or permit from one location to another within the city, provided that the premises to which the transfer is to be made would have been eligible for a license or permit in the first instance and such transfer will not result in the violation of any law or ordinance. An applicant for such a transfer shall file with the application a transfer fee in
the amount of twenty-five dollars $25.00.
(Code of Iowa, Sec. 123.38)
2.19 SIMPLIFIED APPLICATION FOR RENEWAL. Upon receipt of an application for the renewal of a liquor license or beer permit, it shall be forwarded to the a person authorized by the City Council, who shall verify that the qualifications have not changed from the original application, and give a recommendation to the council as to the approval of the license or permit.
(Code of Iowa, Sec. 123.35)
2.20 PROHIBITED SALES AND ACTS. No person or club holding a liquor license or beer or wine permit nor his agents or employees shall do any of the following:
1. INTOXICATED PERSONS. Sell, dispense or give to any intoxicated person, or one simulating intoxication, any alcoholic liquor or beer.
(Code of Iowa, Sec. 123.49(1))
2. HOURS OF OPERATION. Sell or dispense any alcoholic liquor or beer on the premises covered by the license or permit, or permit the consumption thereon, between the hours of two a.m. and six a.m. on any weekday and between the hours of two a.m. and noon on Sunday and ten p.m. on Sunday and six a.m. on the following Monday.
(Code of Iowa, Sec. 123.49(2b))
3. CREDIT SALES. Sell alcoholic liquor or beer to any person on credit, except with bona fide credit card. This provision shall not apply to sales by a club to its members nor to sales by a hotel or motel to bona fide registered guests.
(Code of Iowa, Sec. 123.49(2c))
4. EMPLOYMENT OF MINORS. Employ any person under 18 years of age in the sale or serving of alcoholic liquor or beer for consumption on the premises where sold.
(Code of Iowa, Sec. 123.49(2f))
5. SELLING TO MINORS. Sell, give or otherwise supply any alcoholic beverage or beer to any person knowing or having reasonable cause to believe him to be under legal age, or permit any person knowing or having reasonable cause to believe him to be under legal age, to consume any alcoholic beverage or beer.
(Code of Iowa, Sec. 123.49(2h))
6. MIXING OF ALCOHOLIC BEVERAGE. In the case of a retail beer permittee, knowingly allow the mixing or adding of alcohol or any alcoholic beverage to beer or any other beverage in or about his place of business.
(Code of Iowa, Sec. 123.49(2i))
7. SOLICITING AND DISORDERLY CONDUCT. Knowingly permit any solicitors for unusual purposes, or immoral or disorderly conduct on the premises covered by the license or permit.
(Code of Iowa, Sec. 123.49(2a))
8. BEER BRAND SIGNS PROHIBITED. Permit any signs or other matter advertising any brand of beer to be erected or placed upon the outside of any premises occupied by a licensee or permittee authorized to sell beer at retail.
(Code of Iowa, Sec. 123.51)
9. NUDE CONDUCT PROHIBITED. Cause, permit, procure, counsel or assist any person who is acting as a waiter, waitress, host, hostess, dancer, or entertainer on the licensed premises to:
a. Expose his or her genitals, pubic hair, buttocks, perineum, anus region, or pubic hair region; or
b. Expose or wear any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anus region, or pubic hair region; or
c. Expose any portion of the female breast at or below the nipple thereof.
For purposes of this subsection a person shall be deemed a waiter, waitress, host, hostess, dancer, or entertainer if such person acts in that capacity without regard to whether such person is paid any compensation by the liquor control licensee or beer permittee, his agent or employee.
(Code of Iowa, Sec. 728.5)
2.21 OPTIONAL SUSPENSION OR REVOCATION. Following a written notice and hearing, as provided by this article, a liquor license or beer or wine permit may be suspended by the council for a period up to one year for violations of the municipal code, or suspended for a period up to one year or revoked by the council for any of the following causes:
(Code of Iowa, Sec. 123.39)
1. MISREPRESENTATION. Misrepresentation of any material fact in the application for such license or permit.
(Code of Iowa, Sec. 123.39(1))
2. VIOLATIONS. Violations of any of the provisions of the Iowa beer and liquor control act.
(Code of Iowa, Sec. 123.39(2))
CHANGE IN OWNERSHIP. Any change in the ownership or interest in the business operated under a class "A", class "B", or class "C" liquor control license, or any beer permit which change was not previously reported to and approved by
the city and the division.
(Code of Iowa, Sec. 123.39(3))
4. ORIGINAL DISQUALIFICATIONS. Any event which would have resulted in disqualification from receiving such license or permit when originally issued. (Code of Iowa, Sec. 123.39(4))
5. SALE OR TRANSFER. Any sale, hypothecation or transfer of such license or permit.
(Code of Iowa, Sec. 123.39(5))
6. PAYMENT OF TAXES. The failure or refusal on the part of any licensee or permittee to render any report or remit any taxes to the division under the state law.
(Code of Iowa, Sec. 123.39(6))
7. CONVICTION OF PROHIBITED SALE OR ACT. The conviction of any liquor control licensee or beer or wine permittee for a violation of any of the provisions of section 2.20 shall, subject to section 2.22, be grounds for the suspension or revocation of the license or permit by the division or the city. For a first time offender of Iowa Code Section 123.49(2)(9), an alternative penalty can be the assessment of a fine in the amount of $300.00.
(Code of Iowa, Sec. 123.50(2))
2.22 MANDATORY SUSPENSION OR REVOCATION. A license or permit shall be suspended or revoked by the city council in accordance with the following:
1. SALE TO MINORS OR "SPIKING". If any licensee, beer or wine permittee, or employee of such licensee or permittee is convicted of a violation of section 2.20(5) or a retail beer permittee is convicted of a violation of subsection 6 of said section, the city shall, in addition to the other penalties fixed for such violations by this article, assess a penalty as follows:
a. Upon a first conviction, the violator's liquor control license or beer or wine permit shall be suspended for a period of fourteen (14) days. For a first time offender of Iowa Code Section 123.49(2)(9), an alternative penalty can be the assessment of a fine in the amount of $300.00.
(Code of Iowa, Sec. 123.50(3a))
b. Upon a second conviction within a period of two (2) years, the violator's liquor control license or beer or wine permit shall be suspended for a period of thirty (30) days.
(Code of Iowa, Sec. 123.50(3b))
c. Upon a third conviction within a period of five (5) years, the violator's liquor control license or beer or wine permit shall be suspended for a period of sixty (60) days.
(Code of Iowa, Sec. 123.50(3c))
d. Upon a fourth conviction within a period of five (5) years, the violator's liquor control license or beer or wine permit shall be revoked.
(Code of Iowa, Sec. 123.50(3d))
2. GAMBLING, SOLICITATION. If any liquor control licensee is convicted of any violation of Chapter 99 or 99B of the Code of Iowa, the liquor control license or beer permit shall be revoked and shall immediately be surrendered by the holder, and the bond of the license or permit holder shall be forfeited to the division.
(Code of Iowa, Sec. 123.50(2))
2.23 DEPARTMENT NOTIFIED. When the city council revokes or suspends a liquor license or beer or wine permit, the alcoholic beverages division of the Iowa Department of Commerce shall be given written notice thereof stating the reasons for the revocation or suspension and the length of same.
2.24 APPEAL TO STATE AND COURT. The right of appeal to the hearing board shall be afforded a liquor control licensee or beer or wine permittee whose license or permit has been suspended or revoked. Any applicant who feels aggrieved by a decision of the administrator or city disapproving, suspending or revoking issuance of a liquor control license or beer permit may appeal pursuant to the Iowa Administrative Procedures Act. A city may appeal a decision of the hearing board as provided by statute.
(Code of Iowa, Sec. 123.32(4&5))
2.25 EFFECT OF REVOCATION. Any liquor control licensee or beer or wine permittee whose license or permit is revoked under the Iowa beer and liquor control act shall not thereafter be permitted to hold a liquor control license or beer or wine permit in the state of Iowa for a period of two (2) years from the date of such revocation. The spouse and business associates holding ten (10) percent or more of the capital stock or ownership interest in the business of a person whose license or permit has been revoked shall not be issued a liquor control license or beer or wine permit, and no liquor control license or beer permit shall be issued which covers any business in which such person has a financial interest for a period of two (2) years from the date of such revocation. In the event a license or permit is revoked, the premises which have been covered by such license or permit shall not be relicensed for one year.
(Code of Iowa, Sec. 123.40)
2.26 HEARING ON SUSPENSION OR REVOCATION. The council shall conduct a hearing on each suspension or revocation in the following manner:
1. NOTICE. The permit holder, and the surety on his bond, shall be served with written notice containing a copy of the complaint against him, the ordinance provisions or state statutes allegedly violated, and the date, time and place for hearing on the matter.
2. HEARING. The council shall conduct a hearing, at which both the permit holder and complainants shall be present, the purpose of which is to determine the truth of the facts alleged in the complaint. Should the permit holder or his authorized representative fail to appear without good cause, the council may proceed to a determination of the complaint.
3. RIGHTS OF PERMIT HOLDER. The permit holder shall have the right to be represented by counsel, to testify and present witnesses in his own behalf, and to cross-examine adverse witnesses.
4. EVIDENCE. The council shall admit only reliable and substantial evidence into the revocation or suspension proceeding, and shall give all admitted evidence its natural probative value.
5. CRIMINAL CHARGES. In the event that criminal charges have been brought against the permit holder on the same facts and circumstances as are the basis for the revocation or suspension complaint, the council shall await a judgment in the criminal action before conducting the revocation or temporary suspension hearing required by this section. Neither a conviction nor an acquittal in the criminal action shall be conclusive for purposes of the revocation or suspension proceeding held under this section.
6. RECORD AND DETERMINATION. The council shall make and record findings of fact and conclusions of law, and shall revoke or suspend a permit under this section only when, upon review of the entire record, it finds clear and convincing evidence of a substantial violation of this chapter or state law.
CHAPTER 2: CIGARETTE PERMITS
ARTICLE 3 - GENERAL PROVISIONS
3.01 DEFINITIONS. For use in this chapter the following terms are defined:
1. "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. Provided the definition herein shall not be construed to include cigars.
(Code of Iowa, Sec. 453A.1(2))
2. "Retailer" shall mean and include every person in this state who shall sell, distribute, or offer for sale for consumption or possess for the purpose of sale for consumption, cigarettes irrespective of quantity or amount or the number of sales.
(Code of Iowa, Sec. 453A.1(19) )
3. "Place of Business" is construed to mean and include any place where cigarettes are sold or where cigarettes are stored within or without the State of Iowa by the holder of an Iowa permit or kept for the purpose of sale or consumption; or if sold from any vehicle or train, the vehicle or train on which or from which such cigarettes are sold shall constitute a place of business.
(Code of Iowa, Sec. 453A.1(17))
3.02 PERMIT REQUIRED. No retailer shall sell, distribute, or solicit the sale of any cigarettes within the city without a valid permit for each place of business. The permit shall be displayed publicly in the place of business so that it can be seen easily by the public. No permit shall be issued to a minor.
(Code of Iowa, Sec. 453A.13(1&10))
3.03 APPLICATION. A completed application on forms provided by the State Department of Revenue and accompanied by the fee provided in Section 3.04 shall be filed with the clerk. Renewal applications shall be filed at least 5 days prior to the last regular meeting of the council in June. If a renewal application is not timely filed, and special council meeting is called to act on the application the costs of such special meeting shall be paid by the applicant.
(Code of Iowa, Sec. 453A.13(5&9))
3.04 FEES. The fee for issuing or renewing a cigarette permit shall be as follows:
(Code of Iowa, Sec. 453A.13(3))
1. For permits issued or renewed during: Fee:
(For cities under 15,000 population)
July, August, or September y$75.00
October, November, or December $56.25
January, February, or March $37.50
April, May, or June $18.75
3.05 ISSUANCE. The council shall issue or renew a permit upon a determination that such issuance or renewal will not be detrimental to the public health, safety or morals, and shall certify its action in issuing a permit to the State Department of Revenue.
(Code of Iowa, Sec. 453A.13(2))
3.06 PERMITS NOT TRANSFERABLE. A permit shall not be transferable to another place of business or retailer. However, if a retailer who holds a valid permit changes his place of business, the council, if it decides to issue a new permit to him, shall not charge any additional fee for the unexpired term of the original permit if the retailer has not received a refund for surrender of the original permit.
3.07 EXPIRATION. Permits expire on June 30 of each year.
(Code of Iowa, Sec. 453A.13(3))
3.08 REFUNDS. A retailer may surrender an unrevoked permit and receive a refund from the city except during April, May, or June, as follows:
(Code of Iowa, Sec. 453A.13(4))
1. Permits surrendered during: Amount of refund:
(For cities under 15,000 population)
July, August, or September $56.25
October, November, or December $37.50
January, February, or March $18.75
3.09 REVOCATION. The council, after notice and hearing, shall revoke a permit if it finds the retailer has substantially violated the provisions of this chapter or the Code of Iowa, or if grounds exist that would be sufficient for refusal to issue such a permit. The clerk shall give ten (10) days written notice to the retailer by mailing a copy of the notice by certified mail to the place of business as it appears on his application for a permit. The notice shall state the reason for the contemplated revocation and the time and place at which he may appear and be heard. The hearing shall be held at the regular meeting place of the council.
(Code of Iowa, 453A.22(1))
3.10 RENEWAL AFTER REVOCATION. Upon revocation, no new permit shall be issued to the retailer or for the place of business for one year from the date of revocation unless good cause to the contrary is shown the council.
(Code of Iowa, 453A.22(3))
CHAPTER 3: LICENSING
ARTICLE 4 - GENERAL PROVISIONS
4.01 PURPOSE. The purpose of this chapter is to assure that in the conduct of the activities, vocations, public amusements, and provisions licensed and regulated by this chapter, the public health, safety and welfare will be protected and maintained.
4.02 DEFINITIONS. For use in this chapter the following terms are defined:
1. "Housemover" means any person who undertakes to move a building or similar structure upon or across the public streets, alleys, walks or property.
2. "Junk dealer" means any person engaged in collecting, storing, buying or selling junk. "Junk" means articles or materials that, because of age, deterioration or use, have lost their original utility or desirability but that by alteration, restoration or salvage may furnish an item or items of value.
3. "Scavenger" means any person who transports upon the public streets, alleys, sidewalks or property any refuse except refuse directly from his own property.
4.03 LICENSE REQUIRED. It shall be unlawful for any person to engage in any activity, vocation, profession or public amusement regulated by this chapter without a valid license from the city.
4.04 APPLICATION. Application for any license under this chapter shall be made in writing on forms furnished by the city clerk.
4.05 FEE PAYMENT. All fees required by this chapter shall be paid to the city clerk, who shall give the applicant a written receipt showing the sum received and the time of receipt.
4.06 ISSUANCE. If the city clerk finds that all of the conditions prescribed by this article for the issuance of a license have been satisfied, the license shall be issued immediately to the applicant. The clerk must make a determination whether to issue the license within ten (10) days from the date a completed application is submitted. If the clerk refuses to act within this ten (10) day period, the applicant shall have a right to a hearing before the council at its next regular meeting on whether the license should be issued.
4.07 FEES AND DURATION. The fee and duration of a license shall be:
1. ANNUAL OR DAILY LICENSE. An applicant may apply for an annual or a daily license. The annual license shall be valid for one year after the date on which it is issued. The daily license shall be valid for only one twenty-four (24) hour period, but the applicant may apply for and receive 7 daily licenses at one time. However, no daily license shall be issued more than 10 days before the date for which the license is valid.
2. FEE. The fees for licenses shall be set forth in Appendix A of the Primghar City Code):
FEES. Every licensee shall pay the following fee before a license shall be issued:
1. SCAVENGER:
a. For one day or any part thereof $____
b. For more than one day up to one week $____ per day.
c. For one week $____.
d. For more than one week but not more than one month, $____ per week and $___ for any day or fraction thereof.
e. For one month . . . $_____.
For longer than one month, but less than one year, all fees shall be computed by first computing the monthly fee, then the weekly fee, then the daily fee, and the sum of these fees shall be the fee charged.
For one year . . .$____
2. JUNK:
a. For one day or any part thereof $____
b. For more than one day up to one week $____ per day.
c. For one week $____.
d. For more than one week but not more than one month, $____ per week and $____ for any day or fraction thereof.
e. For one month . . . $____.
For longer than one month, but less than one year, all fees shall be computed by first computing the monthly fee, then the weekly fee, then the daily fee, and the sum of these fees shall be the fee charged.
For one year . . .$____
3. HOUSEMOVER
a. For one day or any part thereof $____
b. For more than one day up to one week $____ per day.
c. For one week $____.
d. For more than one week but not more than one month, $____ per week and $___ for any day or fraction thereof.
e. For one month . . . $____.
For longer than one month, but less than one year, all fees shall be computed by first computing the monthly fee, then the weekly fee, then the daily fee, and the sum of these fees shall be the fee charged.
For one year . . .$____
4.08 POWER TO INSPECT AND INVESTIGATE. Upon receipt of an application for a license, the city clerk shall forward it immediately to an agent of the City, who shall conduct an investigation and submit a written report concerning the truth of the facts stated in the application and a recommendation concerning whether or not a license should be issued. The city clerk shall notify the county or local health officer, the building inspector and the fire chief immediately, and they shall inspect the premises to determine whether the applicant meets the standards of the applicable municipal ordinances and state statutes. These officials shall submit written reports of the results of their investigation within seven (7) days after the clerk received the application. No license shall be issued until these reports have been submitted to the city clerk.
4.09 REVOCATION OF LICENSE. After giving a licensee three (3) days notice and after a hearing, the clerk may revoke any license issued under this ordinance for the following reasons:
1. FRAUDULENT STATEMENTS. The licensee has made fraudulent statements in his application for the license or in the conduct of his business.
2. VIOLATION OF CHAPTER. The licensee has violated this chapter or has otherwise conducted his business in an unlawful manner.
3. DANGER TO PUBLIC HEALTH AND SAFETY. The licensee has conducted is business in such manner as to endanger the public welfare, health, safety, order or morals.
The notice shall be in writing and shall be served personally or as required for personal service by the Iowa Rules of Civil Procedure. The notice shall state the time and place of the hearing and the reasons for the intended revocation.
4.10 APPEAL. If the city clerk revokes or refuses to issue a license, he shall endorse his reasons upon the application. The applicant shall have a right to a hearing before the council at its next regular meeting. The council may reverse, modify or affirm the decision of the city clerk by a majority vote of the council members present, if a quorum; and the city clerk shall carry out the council's decision.
4.11 EFFECT OF REVOCATION. Revocation of a license shall bar the licensee from being eligible for any license under this chapter for a period of one year from the date of revocation.
4.12 RESERVED FOR FUTURE USE.
Editor's note: This section formerly, "License-Rebate" was repealed at time of Codification of the 2004 City Code and is reserved for future use.
4.13 TRANSFER PROHIBITED. In no case shall a license issued under this chapter be transferred to another person or be used for a purpose other than that for which it was issued.
4.14 DISPLAY. Every person who is issued a license under the provisions of this chapter shall display the license in a conspicuous place on the premises on which the business is being conducted.
4.15 EXEMPTIONS. This chapter shall not be construed to require a license of each employee or agent or one engaged in a licensed occupation. Only the owner, manager or agent in charge of such an occupation need possess a license. However, the application for license shall state all persons authorized to conduct business on behalf of the prospective licensee.
CHAPTER 3: LICENSING
ARTICLE 5 - SPECIAL REQUIREMENTS
5.01 COMPLIANCE. Every person who is granted a license under the terms of this chapter shall comply with the following regulations that apply in his case.
5.02 HOUSEMOVERS. The following shall apply to the license for housemovers:
1. APPLICATION. An application for housemover's license shall describe the present location and the future site of the building or similar structure to be moved.
2. BOND. The applicant shall post with the city clerk a penal bond in the sum of $5,000 with good and sufficient sureties approved by the clerk. The bond shall guarantee the licensee's payment for any damage done to the city or to the public property in the course of moving the building or similar structure.
3. INSURANCE. The applicant shall show evidence that he is insured for not less than $100,000 for personal injuries and $25,000 for property damage. A penal bond for the same sum of money may be posted with the clerk in lieu of the insurance policy. The sureties on the bond shall be approved by the city clerk and the bond shall guarantee the licensee's payment for personal injuries or property damage caused by him or his agents or employees in the course of the moving operations.
4. ROUTE. The applicant shall file with the clerk a routing plan approved by the mayor or his appointee. The mayor shall approve the shortest route compatible with the greatest public convenience and safety.
5. FLAGMEN AND WARNING SIGNS. At all times when a building or similar structure is in motion upon any street, alley, sidewalk or public property, the licensee shall maintain flagmen at the closest intersections or other possible channels of traffic to the sides, behind and ahead of the building or structure. At all times when the building or structure is at rest upon any street, alley, sidewalk or public property the licensee shall maintain adequate warning signs or flares at the intersections or channels of traffic to the sides, behind and ahead of the building or structure.
5.03 JUNK DEALERS. The following shall apply to the license for junk dealers:
1. RECORD BOOK. Every junk dealer shall maintain a permanent record book that shows a description of each item received, the name and address of the person from whom it was received, the quantity or weight of each item, the amount paid, and the time and date of the transaction.
2. SEGREGATE DAY'S COLLECTION. Every junk dealer shall segregate each day's collection for a period of forty-eight (48) hours. During this period no item shall be disposed of or altered in any manner.
3. RECEIVE JUNK FROM MINOR. A junk dealer shall not purchase or receive junk from a minor unless he first receives the written consent of the minor's parent or guardian. Such consent shall be attached to the record book as a part of the permanent record.
4. INSPECTION. Health officers and peace officers shall be permitted at all times to inspect the junk dealer's premises for the existence of materials or conditions dangerous to the public health.
5. ENCLOSED WITH FENCE. All junk yards shall be enclosed within a solid fence at least eight (8) feet in height, which hides the contents of the yard from public view. Materials within the yard shall not be stacked higher than the surrounding fence. Any gates in said fence shall be of solid material and equal height.
5.04 SCAVENGERS. The following shall apply to the license for scavengers:
1. APPLICATION. An application for a scavenger's license shall contain a detailed list describing each of the places from which the scavenger collects or intends to collect refuse.
2. COLLECTION RECORD. The licensee shall keep this list up-to-date by reporting immediately to the city clerk any changes of places of collection. Refuse shall be collected only from the places reported as places of collection.
3. REFUSE ON STREET. Refuse shall not be carried upon any street, alley, sidewalk or property of this city in containers that permit leaking or spilling of the refuse.
4. INVESTIGATION BY HEALTH OFFICER. The health officer shall be permitted at all times to investigate the scavenger's activities for the existence of materials or conditions dangerous to the public health.
5.05 PAWNBROKERS. The following shall apply to the license for pawnbrokers:
1. RECORD BOOK. Every pawnbroker shall maintain a permanent record book that shows a description of each item received, the name and address of the person from whom it was received, the quantity or weight of each item, a statement of the nature of the transaction including the sum for which the item is security, the time and date of the transaction, and the disposition made of the item including the time and date of disposition.
2. RECEIVE FROM MINOR. A pawnbroker shall not purchase or receive any item from a minor unless he first receives the written consent of a parent or guardian of the minor. Such consent shall be attached to the record book as a part of the permanent record.
3. NOTIFY POLICE. Any pawnbroker shall notify the local police immediately upon receipt of an item that he believes or has reason to believe is stolen property. Such an item shall not be disposed of or altered without written permission from the local police.
CHAPTER 3: LICENSING
ARTICLE 6 - PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
6.01 DEFINITIONS. For use in this chapter, the following terms are defined:
1. "Peddler" shall mean any person carrying goods or merchandise from house-to-house or upon the public street.
2. "Solicitor" shall mean any person who solicits or attempts to solicit from house-to-house or upon the public street an order for goods, subscriptions or merchandise to be delivered at a future date.
3. "Transient merchant" shall mean any person, firm or corporation who engages in a temporary or itinerant merchandising business and in the course of such business hires, leases or occupies any building or structure whatsoever. Temporary association with a local merchant, dealer, trader or auctioneer, or conduct of such transient business in connection with, as a part of, or in the name of any local merchant, dealer, trader or auctioneer shall not exempt any person, firm or corporation from being considered a transient merchant.
6.02 LICENSE REQUIRED. Any person engaging in peddling, soliciting or in the business of a transient merchant in this city without first obtaining a license as herein provided shall be in violation of this ordinance.
EXEMPTIONS. The following groups or persons shall be exempt from the provisions:
Newspaper boys and girls
Members of local Boy Scout, Girl Scout, Campfire Girls, 4-H Clubs, Future Farmers of America, and similar organizations.
Farmers who offer for sale products of their own raising.
Students representing or conducting projects sponsored by organizations recognized by the schools of Primghar.
Milk delivery men who incidentally solicit additional business or make special sales.
RELIGIOUS AND CHARITABLE ORGANIZATIONS EXEMPT. Authorized representatives of religious and charitable organizations desiring to solicit money or to distribute literature shall be exempt from the operation of Section 6.05 - 6.14 of this ordinance. All such organizations shall be required to submit in writing to the city clerk the name and purpose of the cause for which such activities are sought, names and addresses of the officers and directors of the organization, the period during which such activities are to be carried on, and whether any commissions, fees or wages are to be charged by the solicitor for his efforts and the amount thereof. If the city clerk shall find that the organization is a bona fide charity or religious organization he shall issue, free of charge, a license containing the information designated in this section to the applicant.
6.05 LICENSE APPLICATION. An application in writing shall be filed with the city clerk for a license under this chapter. Such application shall set forth the applicant's name, permanent and local address, business address, if any, physical description, recent photograph, right thumb print, and, unless a solicitor, be accompanied by a certificate that the applicant is in good health and free from contagious diseases, signed by a local physician. The application also shall set forth the applicant's employer, if any, and the employer's address, the nature of the applicant's business, the last three (3) places of such business, and the length of time sought to be covered by the license. A fee of $20.00 shall be paid at the time of filing such application to cover the cost of investigating the facts stated therein.
6.06 BOND REQUIRED. Before a license under this chapter shall be issued, each applicant shall post a bond of $500.00 with the clerk. Such bond shall be conditioned to indemnify and pay the city for any penalties or costs occasioned by the enforcement of this chapter, and shall not be retired until after a lapse of thirty (30) days from the expiration of each license.
6.07 FEES. Every licensee shall pay a fee before a license shall be issued (List of fees can be found in Appendix A of the Primghar City Code): :
1. PEDDLERS:
a. For one day or any part thereof $___
b. For more than one day up to one week $____ per day.
c. For one week $____.
d. For more than one week but not more than one month, $____ per week and $____ for any day or fraction thereof.
e. For one month $____.
f. For longer than one month all fees shall be computed by first computing the monthly fee, then the weekly fee, then the daily fee, and the sum of these fees shall be the fee charged.
2. SOLICITORS:
a. In addition to the investigating fee for each person actually soliciting (principal or agent), a fee for the principal solicitor of $____ per year shall be charged.
6.08 DISPLAY. Each solicitor or peddler shall at all times while doing business in this city keep in his possession the license provided for in this article, and shall, upon the request of prospective customers, exhibit the license as evidence that he has complied with all requirements of this chapter. Each transient merchant shall display publicly his license in his place of business.
6.09 LICENSE NOT TRANSFERABLE. Licenses issued under the provisions of this chapter are not transferable in any situation and are to be applicable only to the person filing the application.
Reserved for future use.
Editor's Note: Section 6.10, formerly "License-Rebate", but was repealed in the 2004 codification of the Primghar Code.
6.11 REVOCATION OF LICENSE. After giving a licensee three (3) days notice and after a hearing, the clerk may revoke any license issued under this ordinance for the following reasons:
1. FRAUDULENT STATEMENTS. The licensee has made fraudulent statements in his application for the license or in the conduct of his business.
2. VIOLATION OF CHAPTER. The licensee has violated this chapter or has otherwise conducted his business in an unlawful manner.
3. DANGER TO PUBLIC HEALTH AND SAFETY. The licensee has conducted is business in such manner as to endanger the public welfare, health, safety, order or morals.
The notice shall be in writing and shall be served personally or as required for personal service by the Iowa Rules of Civil Procedure. The notice shall state the time and place of the hearing and the reasons for the intended revocation.
6.12 EXPIRATION. All licenses granted under this chapter shall expire at 9:00 p.m. of the last day for which the license is issued.
6.13 CONSUMER PROTECTION LAW. All solicitors and peddlers shall be informed of, agree to comply with, and comply with the state law, section 82.3, Code of Iowa, requiring a notice of cancellation to be given in duplicate, properly filled out, to each buyer to which he sells a product or service and, comply with the other requirements of the law.
6.14 EXEMPTIONS. This chapter shall not be construed to require a license of each employee or agent or one engaged in a licensed occupation. Only the owner, manager or agent in charge of such an occupation need possess a license. However, the application for license shall state all persons authorized to conduct business on behalf of the prospective licensee.
CHAPTER 4: RESTAURANTS
ARTICLE 7 - GENERAL PROVISIONS
Reserved For Future Use.