5.04.010 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 and for the protection of the safety, morals, and general welfare of this community. The provisions of this chapter shall be administered in accordance with the Iowa Alcoholic Beverage Control Act of Chapter 123 of the Iowa Code.

5.04.020 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 in this chapter, shall have the following meanings:

A. "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, 1991, Sec. 123.3(29))

B. "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, 1991, Sec. 123.3(30))

C. "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, 1991, Sec. 123.129)

D. "Hotel" or "motel" shall mean a premises licensed by the State Department of Agriculture and regularly or seasonally kpt open a bona fide manner for the lodging of transient guests and with twenty (20) or more sleeping rooms. (Code of Iowa, 1991, Sec. 123.3(32))

E. "Legal age" shall mean nineteen (19) years of age or ore. (Code of Iowa, 1991, Sec. 123.3(33))

F. "Person of Good Moral Character" shall mean any person ho meets all the following requirements:

1. Has such financial standing and good reputation as ill satisfy the commission and the administrator that the person will comply with the Iowa Alcoholic Beverages Control Act and all other laws, ordinances and regulations applicable to his operations under state law.

2. Does not possess a federal gambling stamp.

3. Is not prohibited by the provisions of Iowa Code 1991, Section 123.40 from obtaining a liquor license or beer permit.

4. 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.

5. 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 director may determine that he is a person of good moral character not withstanding such conviction.

6. 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, directors and partners of such person and to any person who directly or indirectly owns or controls ten percent (10%) 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. (Code of Iowa, 1991, Sec. 123.3(12))

G. "Pharmacy" shall mean a drugstore 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.

5.04.030 License-permit-eligibility . Upon meeting the requirements imposed by state law and the ordinances of this city, a person who is of good moral character as defined by state law and this chapter, may apply for a liquor control license or a beer permit. In the case of a club, corporation or partnership, the officers of the club or corporation and the partners of a partnership shall be persons of good moral character as defined by state law and this chapter. (Code of Iowa, 1991, Sec. 123.3(12))

5.04.040 License-permit-conditions for approval

A. An applicant for a liquor control license or beer permit, as a further condition for approval by the city council, must give consent in writing on the application that members of the fire, police, and health departments and the building inspector may enter upon the premises without warrant to inspect for violations of the provisions of state law and of this chapter.

B. No interior access to residential or sleeping quarters is permitted or maintained unless permission is granted by the administrator of the Alcoholic Beverages Division of the Department of Commerce, or designee in the form of a living quarters permit. (Code of Iowa, 1991, Sec. 123.30(2))

C. No liquor control license or beer permit shall be approved for premises which do not conform to all applicable bans, ordinances, resolutions and health and fire regulations.

D. The premises are located within areas where such businesses are, or hereafter are, permitted by a valid zoning ordinance or the following described statutory areas: (Code of Iowa, 1991, Sec. 123.128(1)(b); and 123.30(2))

E. The premises are, at the time of the application and continues to be, equipped with sufficient tables and seating to accommodate twenty-five (25) persons at one time. (Code of Iowa, 1991, Sec. 123.128(1)(b) and 123.30(1))

5.04.050 Beer permits-classes . Beer permits shall be classed as follows:

A. A class B permit shall allow the holder to sell beer at retail for consumption on or off the premises. (Code of Iowa, 1991, Sec. 123.124 & 123.131)

B. 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, 1991, Sec. 123.125 & 123.129)

5.04.060 Liquor licenses-classes . Liquor control licenses shall be classed as follows: A. A class A liquor control license issued to a club shall authorize the holder to purchase alcoholic liquors from class E liquor control licensees only, wine from class A permitees only, and native wines from native wine manufacturers and to sell such liquors, wine and beer to bona fide members and their guests by the individual drink for consumption on the premises only. (Code of Iowa, 1991, Sec. 123.30(3)(a))

B. A class B liquor control license issued to a hotel or motel shall authorize the holder to purchase alcoholic liquors from class E liquor control licenses only, wine from class A permittees only, and native wines from native wine manufacturers and to sell such 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 such license shall be effective throughout the premises described in the application. (Code of Iowa, 1991, Sec. 123.30(3)(b))

C. A class C liquor control license issued to a commercial establishment must be issued in the name of the individual or individuals who actually own the entire business and shall authorize the holder or holders to purchase alcoholic liquors from class E liquor control permittees only, wine from class A wine permittees only, and native wines from the native wine manufacturers and to sell such liquors, wine and beer to patrons by the individual drink for consumption on the premises only; however, beer may also be sold for consumption on the premises only; however, beer may also be sold for consumption off the premises. (Code of Iowa, 1991, Sec. 123.30(3)(c))

D. A special class C liquor control license may be issued and shall authorize the holder or holders to purchase wine from class A wine permittees only 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 fact that the license is limited. (Code of Iowa, 1991, Sec. 123.30(3)(c))

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 premises and to other liquor control licensees. A class E license shall not be issued to a premises at which gasoline is sold. A holder of a class E liquor control license may hold other retail liquor control licenses or retail 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. (Code of Iowa, 1991, Sec. 123.30(3)(e))

5.04.070 Permit-separate locations-class B or C . Every person holding a class B or C permit having more than one place of business where such beer is sold, which places do not constitute a single premises within the meaning of Section 123.3(31), Code of Iowa, 1991, shall be required to have a separate place of business except as otherwise provided by state (Code of Iowa, 1991, Sec. 123.139 & 123.140)

5.04.080 License-permit-application-bond . A verified application or the original issuance or the renewal of a liquor control license, wine or beer 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, 1991, Sec. 123.31)

A. The application shall be accompanied by the required fee and bond and be filed with the council for approval or disapproval. The bond to be submitted shall be in a form prescribed by the administrator or as established to the council and in the following amounts: (Code of Iowa, 1991, Sec. 123.32)

1. With any liquor control license, five thousand ($5,000.00) and conditioned upon the payment of all taxes payable to the state under the provisions of the Iowa Alcoholic Beverages Control Act and compliance with all provisions of the ???? 2. With class B and C permits, five hundred dollars ($500.00) and conditioned upon the faithful observance of the Iowa Alcoholic Beverages Control Act.

B. The application shall be accompanied with a DRAM SHOP LIABILITY CERTIFICATE OF INSURANCE, signed by the insurance company and countersigned by an Iowa licensed agent. The applicant shall maintain the minimum amount of coverage required by the Code of Iowa. Additionally, the applicant must obtain an "occurrence" DRAM SHOP liability policy. "Claims made" policies are not acceptable nor are policies with an aggregate limit.

5.04.090 License-permit-investigation of applicant. Upon receipt by the council of an original application or a liquor license or beer permit by the city council, it shall be forwarded to the chief of police who shall conduct an investigation and shall submit a written report on the applicant as to the truth of the facts averred in the application and a recommendation to the city council as to the approval of the license or permit. It shall be the duty of the health inspector, the building inspector and the fire chief to inspect the premises to determine if it conforms 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 city council by such officers. (Code of Iowa, 1991, Sec. 123.30(2))

5.04.100 License-permit-renewal . Upon receipt by the council of an application for the renewal of a liquor license or beer permit, it shall be forwarded to the chief of police only who shall conduct an investigation and shall submit a written report on the applicant as to the truth of the facts answered in the application and a recommendation to the city council as to the approval of the license or permit.

5.04.110 License-permit-civil liability . Every liquor control licensee and class B 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, 1991, Sec. 123.92) (IAC, 1986, 185-5.8(123) and IAC, 1988, 185-5.9(123))

5.04.120 License-permit-fees-generally . The fees designated in Sections 5.04.130 through 5.04.190 shall be submitted with the respective application.

5.04.130 Class B permit-fees . For a class B beer permit, the annual fee shall be: (Code of Iowa, 1991, Sec. 123.134(2),(5))

A. Without Sunday sales privilege-$100.

B. With Sunday sales privilege-$l20.

5.04.140 Class C permit-fees . 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: (Code of Iowa, 1991, Sec. 123.134(3), (5))

A. Up to 1,500 square feet-$75.

B. Over 1,500 square feet and to 2,000 square feet-$100.

C. Over 2,000 square feet and up to 5,000 square feet-$200.

D. Over 5,000 square feet-$300.

5.04.150 Class B, Class C permit-hours of sale on Sunday- . Any club, hotel, motel, or commercial establishment holding a class B beer permit for whom the sale of goods and services other than beer constitutes fifty percent or more of the gross receipts from the licensed premises, subject to the provisions of Section 123.49(2)(b), Code of Iowa 1991, may sell and dispense beer to patrons on Sunday for consumption on the premises and for consumption of beer off the premises between the hours of noon and 10:00 P.M. Any class C beer permittee may sell beer for consumption off the premises between the hours of noon and 10:00 P.M. For the privilege of selling beer on Sunday, the beer permit fees of the applicant shall be increased by twenty percent of the regular fees prescribed for the permit pursuant to Sections 5.04.130 through 5.04.190, and the privilege shall be noted on the beer permit.

5.04.160 Class A liquor control license-fees . For a class A liquor control license, the annual fee and surcharge shall be: (Code of Iowa, 1991, Sec. 123.36(2), (6)) (IAC, 1986, 185-5.16(123) and 185-5.17(123))

A. Club without Sunday sales privileges-$400 + $120 = $520 and Club with Sunday sales privileges-$520 + $104 = $624.

B. Club (less than 250 members): Without Sunday sales privileges-$400 + $120 = $520 and with Sunday sales privileges-$520 + $104 = $624.

C. Club, which is a post, branch or chapter of a veteran's 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 + $60 = $260. and with Sunday sales privileges-$260 + $52 = $312.

5.04.170 Class B liquor control license-fees . For a class B liquor control license, the annual fee and surcharge shall be: (Code of Iowa, 1991, Sec. 123.36(3), (6)) (IAC, 1986, 185-5.16(123) and 185-5.17(123))

A. Without Sunday sales privileges-$800 + $240 = $l040.

B. With Sunday sales privileges-$1040 + $208 = $1248.

5.04.180 Class C liquor control license-fees . For a class C liquor control license, the annual fee and surcharge shall be: (Code of Iowa, 1991, Sec. 123.36(4), (6)) (IAC, 1986, 185-5.16 (123) and 185-5.17(123))

A. Without Sunday sales privileges-$600 + $180 = $780.

B. With Sunday sales privileges-$780 + $156 = $936.

5.04.190 Liquor control license-hours of sale on Sunday Any club, hotel, motel, or commercial establishment holding a liquor control license for whom the sale of goods and services other than alcoholic liquor or beer constitutes fifty percent or more of the gross receipts from the licensed premises, subject to the provisions of Section 123.49(2)(b), Code of Iowa, 1991, may sell and dispense alcoholic liquor to patrons on Sunday for consumption on the premises only, and beer for consumption on or off the premises between the hours of noon and 10:00 P.M. on Sunday. For the privileges of selling beer and alcoholic liquor on the premises on Sunday, the liquor control license fee of the applicant shall be increased by twenty percent of the regular fee prescribed for the license pursuant to this section, and the privilege shall be noted on the liquor control license.

5.04.200 License-permit-scope . A liquor control license or beer permit is a purely personal privilege and is 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. The Director may in his discretion allow the executor or administrator of a permittee or licensee to operate the business of the decedent 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 the same.

5.04.210 Action by council . Action taken by the city council shall be so endorsed on the application and thereafter the application, fee and bond or certificate of insurance shall be forwarded to the Iowa Beer and Liquor Control Department for such further action as is provided by law.

5.04.220 License-permit-expiration . All liquor control licenses or wine or beer permits, unless sooner suspended or revoked, shall expire one year from date of issuance. Sixty (60) days' notice of such expiration must be given in writing by the administrator. (Code of Iowa, 1991, Sec. 123.34)

5.04.230 License-permit-fees-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 division and shall notify the city. The division and the city, or the city by itself in the case of a retail beer 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: 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; 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; 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. No refund shall be made, however, for a liquor control license or wine or beer permit surrendered for more than nine (9) months after issuance. 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 Alcoholic Beverage Control Act. 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. No refund shall be made for seasonal licenses or permits. (Code of Iowa, 1991, Sec. 123.34 & 123.38) (IAC, 1986, 185-5.15(123) and 185-5.19(123) and IAC, 1986, 185-4.16(123))

5.04.240 License-permit-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 as set by the administrator. (Code of Iowa, 1991, Sec. 123.38) (IAC, 1991, 185-4.18(123))

5.04.250 License-permit-suspension and revocation Following a written notice and hearing as provided by this chapter, a liquor license or wine or beer permit may be suspended by the council for a period up to one year for violations of the Code of Ordinances or suspended for a period up to one year or revoked by the council for any of the following causes:

A. Misrepresentation of any material fact in the application for such license or permit. (Code of Iowa, 1991, Sec. 123.39(1))

B. Violations of any of the provisions of the Iowa Alcoholic Beverages Control Act. (Code of Iowa, 1991, Sec. 123.39(2))

C. 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 wine or beer permit which change was not previously reported to and approved by the city and the division. (Code of Iowa, 1991, Sec. 123.39(3))

D. Any event which would have resulted in disqualification from receiving such license or permit when originally issued. (Code of Iowa, 1991, Sec. 123.39(4))

E. Any sale, hypothecation or transfer of such license or permit. (Code of Iowa, 199l, Sec. 123.39(5))

F. 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, 199l, Sec. 123.39(6))

G. The conviction of any liquor control licensee or wine or beer permittee for a violation of any of the provisions of the Code of Ordinances.

5.04.260 License-permit-revocation-effect . Any liquor control licensee or wine or beer permittee whose license or permit is revoked under the Iowa Alcoholic Beverages Control Act shall not thereafter be permitted to hold a liquor control license or wine or beer 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 percent (10%) 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 wine or beer permit, and no liquor control license or wine or beer permit shall be issued which covers any business in which such person has 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 re-licensed for one (1) year. (Code of Iowa, 1991, Sec. 123.40)

5.04.270 License-permit-suspension or revocation-hearing The council shall conduct a hearing on each suspension or revocation in the following manner: (Code of Iowa, 1991, Sec. 123.39)

A. 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 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.

5.04.280 License-permit-suspension or revocation-appeal and hearing . The right of appeal to the hearing board shall be afforded a liquor control licensee or wine or beer 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 wine or beer permit may, provided he has exercised his right of appeal to the hearing board as provided by state law, appeal from said decision within ten (10) days to the district court of the county wherein the premises covered by the application is situated. The city may appeal a decision of the hearing board within ten (10) days to the district court of the county wherein the premises covered by the application is situated. (Code of Iowa, 1991, Sec. 123.32(4) & (5)) (IAC, 1986, 185-10.14(123.17A)

5.04.290 Prohibited sales and acts . No person or club holding a liquor license or wine or beer permit nor his agents or employees shall do any of the following:

A. Sell, dispense or give to any intoxicated person, or one simulating intoxication, any alcoholic liquor, wine or beer. (Code of Iowa, 1991, Sec. 123.49(1))

B. Sell or dispense any alcoholic liquor, wine or beer on the premises covered by the license or permit or permit the consumption thereon between the hours of 2:00 A.M. and 6:00 A.M. on any weekday; between the hours of 2:00 A.M. and noon on Sunday; and, 10:00 P.M. on Sunday and 6:00 A.M. on the following Monday except when that Monday is New Year's Day, then such sales or consumption may be permitted between the hours of midnight and 2:00 A.M. on Monday. (Code of Iowa, 199l, Sec. 123.49(2)(b) & 123.150)

C. Sell alcoholic liquor, wine 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, 1991, Sec. 123.29(2)(c))

D. Employ any person under eighteen years of age in the sale or serving of alcoholic liquor, wine or beer for consumption on the premises where sold. (Code of Iowa, 1991, Sec. 123.49(2)(f))

E. Sell, give, or otherwise supply any alcoholic beverage, wine 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, wine or beer. (Code of Iowa, 1991, Sec. 123.49(2)(h))

F. In the case of a retail beer or wine permittee, knowingly allow the mixing or adding of alcohol or any alcoholic beverage to beer, wine or any other beverage in or about his place of business. (Code of Iowa, 1991, Sec. 123.49(2)(i)) G. Knowingly permit any gambling, except in accordance with Iowa law, or knowingly permit any solicitors for unusual purposes or immoral and disorderly conduct on the premises covered by the license or permit. (Code of Iowa, 1991, Sec. 123.49(2)(a))

5.04.300 Beer brands signs prohibited . No signs or other matter advertising any brand of beer shall 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, 1991, Sec. 123.51(1) and (3))

5.04.310 Consumption in public places-intoxication . It is unlawful for any person to use or consume alcoholic liquors, wine 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, wine 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 school or that portion thereof which provides teaching for any grade from kindergarten through grade twelve (12). (Code of Iowa, 1991, Sec. 123.46(2))

5.04.320 Persons under legal age . No person shall sell, give, or otherwise supply alcoholic liquor, wine or beer to any person knowing or having reasonable cause to believe him to be under legal age, and no person or persons under legal age shall individually or jointly have alcoholic liquor, wine or beer in his or 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 and consent of the parent or guardian for beverage or medicinal purposes or as administered to him 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 his or her employment by a liquor control licensee, or wine or beer permittee under state bans. (Code of Iowa, 1991, Sec. 123.47)

5.04.330 Violation-penalties-generally. Any person who violates any of the provisions of this chapter shall be subject to a fine not to exceed one hundred dollars or to imprisonment for not more than thirty days.

5.04.340 Violation-provision for suspension and revocation . The conviction of any liquor control licensee or beer permittee for a violation of any of the provisions of subsections A to F, inclusive, of Section 5.04.290 shall, subject to Section 5.04.350, be grounds for the suspension or revocation of the license or permit by the department or the city. However, if any liquor control licensee is convicted of any violation of subsection (2), paragraphs a, d, or e, of Section 49, or any beer permittee is convicted of a violation of subsection (2), paragraph a of said section of the Iowa Alcoholic Beverages Control Act, 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 Department of Beer and Liquor Control. (Code of Iowa, 1991, Sec. 123.49)

5.04.350 Violation-term of suspension-revocation for repeated convictions . If any licensee, beer permittee, or employee of such licensee or permittee is convicted of a violation of subsection E of Section 5.04.290, or a retail beer permittee is convicted of a violation of subsection F of said section, the city shall, in addition to the other penalties fixed for such violations by Sections 5.04.330 and 5.04.340, assess a penalty as follows: A. Upon a first conviction, the violator's liquor control license or beer permit shall be suspended for a period of fourteen days.

B. Upon a second conviction within a period of five years, the violator's liquor control license or beer permit shall be suspended for a period of thirty days.

C. Upon a third conviction within a period of five years, the violator's liquor control license or beer permit shall be suspended for a period of sixty days.

D. Upon a fourth conviction within a period of five years, he violator's liquor control license or beer permit shall be revoked.

Chapter 5.12 Peddlers, Solicitors and Transient Merchants Sections:

5.12.010 Definitions

5.12.020 License-requirement

5.12.030 License-exemptions

5.12.040 License-religious and charitable organizations

5.12.050 License-application

5.12.060 License-issuance

5.12.070 License-fees

5.12.080 Bond required

5.12.090 License-display

5.12.100 License-nontransferable

5.12.110 License-rebate

5.12.120 License-revocation

5.12.010 Definitions. For use in this chapter, the following terms are defined:

A. "Peddler" means any person carrying goods or merchandise who sells or offers for sale for immediate delivery such goods or merchandise from house-to-house or upon the public street.

B. "Solicitor" means any person who solicits or attempts to solicit from house-to-house or upon the public street an order of goods, subscriptions or merchandise to be delivered at a future date.

C. "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 associations 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. (Code of Iowa, 1991, Sec. 81A.1)

5.12.020 License-requirement . 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 chapter. (Code of Iowa, 1991, Sec. 81A.2)

5.12.030 License-exemptions. The following are excluded from the application of this chapter:

A. Newspaper boys and girls.

B. Members of local Boy Scout, Girl Scout, Campfire Girls, 4-H Clubs, Future Farmers of America, and similar organizations.

C. Farmers who offer for sale products of their own raising.

D. Students representing or conducting projects sponsored by organizations recognized by the schools of Primghar.

E. Milk delivery men who only incidentally solicit additional business or make special sales.

5.12.040 License-religious and charitable organizations

A. Authorized representatives of religious and charitable organizations desiring to solicit money or to distribute literature shall be exempt from the operation of Sections 5.12.050 through 5.12.130. 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.

B. If the city clerk finds 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.

5.12.050 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, shall 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 places of such business, and the length of time sought to be covered by the license. A fee of $2.00 shall be paid at the time of filing such application to cover the cost of investigating the facts stated therein.

5.12.060 License-issuance . If the city clerk finds the application is made out in conformance with Section 5.12.050 and the facts stated therein are correct, he shall issue, upon posting of bond as required by Section 5.12.080, a license and charge a fee therefor as determined by section 5.12.070. 5.12.070 License-fees. Every licensee shall pay the following fee before a license shall be issued:

A. For one day or any part thereof, $5.00.

B. For more than one day up to one week, $3.00 per day.

C. For one week, $20.00.

D. For more than one week but not more than one month, $10.00 per week and $2.00 for any day or fraction thereof.

E. For one month, $50.00.

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.

5.12.080 Bond required . Before a license under this chapter shall be issued, each applicant shall post a bond of $500.00 with the city 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 days from the expiration of each license. (Code of Iowa, 1991, Sec. 81A.4)

5.12.090 License-display . Each solicitor or peddler shall at all times while doing business in this city keep in his possession the license provided for in Section 5.12.060 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. 5.12.100 License-nontransferable . 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.

5.12.110 License-rebate . Any licensee, except in the case of a revoked license, shall be entitled to a rebate of part of the fee he has paid if he surrenders his license before it expires. The amount of the rebate shall be determined by dividing the total license fee by the number of days for which the license was issued and then multiplying the result by the number of full days not expired. In all cases, at least $5.00 of the original fee shall be retained by the city to cover administrative costs.