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HomeMy Public PortalAboutOrdinances-2007-289 CITY OF TIFFIN ORDINANCE NO. 2007-289 AN ORDINANCE REGULATING MINORS IN ESTABLISHMENTS SERVING ALCOHOL Section 1: Restrictions and Regulations. A. Between the hours of 9 P.M. and closing, no person who has not yet attained 21 years of age may enter or remain in the licensed or permitted establishment that serves alcoholic beverages on the premises. No person or entity holding a liquor control license or wine and beer permit that authorizes consumption of alcoholic beverages on the premises may allow a person who is not yet 21 years old to remain at the premises. B. However, the provisions of section A of this section do not apply when: 1. The person under 21 years of age is an employee of the license or permit holder, or performing a contracted service for the license or permit holder on the premises, and is on the premises during his or her scheduled work hours. 2. The licensee or permittee applies for and qualifies for an exception certificate from the Mayor as follows: a. A licensee or permittee whose primary business purpose is not the sale of alcoholic beverages, wine or beer may qualify for an exception. The licensee or permittee must file with the city clerk a verified statement from a certified public accountant or an accountant which establishes that on average over a calendar year more than 50% of the licensee's or permittee's gross sales on the premises are from the sale of goods or services other than alcoholic beverages, wine or beer. Those sales must not include income from fees charged to gain entry to or remain on the premises, such as cover charges, drink mixes, or any part of an alcoholic beverage as defined in chapter 123 of the state code. The statement must state the actual percentage of the sales and be based on records made in the regular course of the licensee's or permittee's business. b. In addition to the aforementioned statement, proof of qualification for the exception may include the business records on which the statement is based, such as state and federal tax records, applications for dramshop insurance, audits performed to determine dramshop insurance premiums, and receipts from vendors for goods purchased. The records must be provided to the Mayor for review upon request. c. The mayor will issue an exception certificate if the licensee has satisfied the above requirements. d. An exception certificate will be effective for the duration of the alcoholic liquor control license, wine or beer permit. Last printed 12/13/2007 3:00:00 PM Page 1 of 6 e. A new licensee or permittee who has not previously applied for a renewal of an existing license or permit, and whose primary business purpose is not the sale of alcoholic beverages, wine, or beer may obtain a temporary six-month exception certificate if the licensee's or permittee's business plan anticipates sales as required by subsection B3a of this section. The licensee or permittee must submit an affidavit that details the nature of the new establishment and the anticipated percentage of sales of food and nonalcoholic beverages. At the end of the six-month period, the licensee or permittee may obtain an exception certificate for the remainder of the duration of the license or permit in accordance with subsections B3a through Bic of this section if sales during the six month period support an exception. f. To be effective in excepting the licensee or permittee from the prohibition in subsection A of this section, the exception certificate issued by the mayor must be posted at every entrance to the licensed or permitted establishment in view of patrons of the licensed or permitted establishments. 3. The person under 21 years of age is on the premises during a time that the licensee or permittee has, in accordance with a written notice and plan given in advance to and approved by the mayor, suspended dispensing alcoholic beverages on the licensed premises. A plan must provide a method by which alcoholic beverages will be out of sight and reach of patrons. If the plan receives approval, the mayor will issue a certificate approving the event. The certificate must be posted at every entrance to the licensed establishment in view of patrons of the licensed or permitted establishment. The licensee or permittee permitting persons under 21 years of age onto the licensed premises pursuant to such a plan must take the necessary steps to prevent persons under the legal age from consuming or possessing alcoholic beverages on the premises. 4. The person under 21 years of age is a patron of an "authorized entity" that has entered into an agreement with the city for use of an "authorized site" in a city park. C. Between 9 P.M. and closing,no person under 21 years of age may enter into or remain on the premises of a licensed or permitted establishment that authorizes on the premises consumption unless: 1. The person is an employee of the licensee or permittee or performing a contracted service for the license or permit holder on the premises, and is on the premises during his or her scheduled work hours; 2. A valid exception certificate is posted pursuant to subsection B3 of this section or a valid certificate approving a nonalcoholic event is posted pursuant to subsection B4 of this section; 3. The person under 21 years of age is a patron of an "authorized entity" which has entered into an agreement with the city for use of an "authorized site" in a city park; Last printed 12/13/2007 3:00:00 PM Page 2 of 6 D. Unless a valid exception certificate under the provisions of subsection B3 of this section has been obtained and posted, or a certificate approving a nonalcoholic event under the provisions of subsection B4 of this section has been obtained and posted, for the duration of the event the licensed premises is an "authorized entity". As an "authorized entity" that has entered into an agreement with the city for use of an "authorized site" in a city park, the holder of a liquor control license, or wine or beer permit that authorizes on premises consumption, must obtain a notice from the city clerk. The licensee or permittee must post a notice at every entrance to the licensed or permitted establishment in view of patrons of the establishment, stating: Notice to Persons Under Nineteen (21) Years of Age. You are subject to a fine of$250.00 for being on these premises between the hours of 9:00 p.m. and closing unless: 1. you are an employee of this establishment or performing a contracted service with respect to this establishment and are on the premises during your scheduled work hours. The notice will be prepared by the city clerk and available at no charge. E.1. A person under 21 years of age who violates the provisions of subsection C of this section is guilty of a simple misdemeanor punishable by a penalty of two hundred fifty dollars ($250.00). 2. Violation of the provisions of subsection A or D of this section may be charged as a municipal infraction or a simple misdemeanor. Section 2. Penalty Provision. The city may elect, at its sole discretion, to prosecution any violation either as simple misdemeanor or a municipal infraction. Section 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Severability. If any section, provision, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole, or any section, provision, or part thereof not adjudged invalid or unconstitutional. Section 5. Effective Date. This ordinance shall be in effect after its final passage, approval, and posting as provided by law. On the 12th day of December 2007, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Wright introduced Ordinance No. Last printed 12/13/2007 3:00:00 PM Page 3 of 6 2007-289, and moved that it be given its first reading. The motion was seconded by Councilperson Bartels. Ayes: Dils, Demuth, Bartels, and Wright. Nayes: None. Absent: Petersen. Four members of the council being present and having voted "Aye", Mayor Glenn R. Potter declared the motion carried, and Ordinance No. 2007-289, was read the first time and discussed and placed on record. On the 12th day of December 2007, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Dils moved that the rules requiring reading and reading on two separate dates be suspended and waived and that the Ordinance No. 2007-289 be read a second and third time by title only was seconded by Councilperson Demuth. Ayes: Dils, Bartels, Wright and Dils. Nayes: None. Absent: Petersen. Four members of the council being present and having voted "Aye", Mayor Glenn R. Potter declared the motion carried, and Ordinance No. 2007-289 was read the second time and third time by title only and placed on record. On the 12th day of December, 2007, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, CouncilpersonWright introduced Ordinance No. 2007-289, and moved that it be given its final and last reading. The motion was seconded by Councilperson Dils. Ayes: Wright, Bartels, Dils, and Demuth. Nayes: None. Absent: Petersen. Four members of the council being present and having voted "Aye", Mayor 2007, Mayor Glen R. Potter declared the motion carried, and Ordinance No. 2007-289, was then placed on its last reading and was read the last time. Thereupon, it was moved by Councilperson Bartels,and seconded by Councilperson Wright that Ordinance No. 2007-289 be placed upon its final passage and adopted. Last printed 12/13/2007 3:00:00 PM Page 4 of 6 Ayes: Dils, Bartels, Demuth, and Wright. Nayes: None. Absent: Petersen. Four members of the council being present and having voted "Aye", Mayor Glenn R. Potter declared the motion carried, and the ordinance was passed and adopted. Whereupon the mayor declared that Ordinance No. 2007-289 be adopted and signified his approval of same by fixing his signature thereto. Passed by the council on the 12th day of December 2007 and approved by the mayor on the 12th day of December 2007. ''-2Q- ,:t5)--Uik-- GLENN R. POTTER, Mayor ATTEST: 1 i ,,,,--,,s,,,,, — ',.., rii,k•c______ MARGARET B. REIHMAN, Ci ty Clerk I, Clerk of the City of Tiffin, Iowa, state that an ordinance entitled, AN ORDINANCE REGULATING MINORS IN ESTABLISHMENTS SERVING ALCOHOL and known as No.2007-289 was duly passed by the council on the 12th day of December 2007, and signed by the mayor on the 12th day of December 2007, and published on the 14th day of December 2007, by posting copies thereof in three public places within the limits of the City of Tiffin, Iowa. That I posted copies of Ordinance No. 2007-289 in the following places: Morgan's Service On the Go Convenience Store Solon State Bank of Tiffin MOGA1ET B. REIHMAN, City Clerk Last printed 12/13/2007 3:00:00 PM Page 5 of 6