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HomeMy Public PortalAboutResolutions-2007-289 (2)CITY OF TURN 0RI) IN'A�TCE NO. ?007-? ` S9 AN ORUIII�—kNCE REGULATING 1�ZI1�T T S.ERNTINT N 4LWHOL ORS Ih ESTABLISHgENTS Section 1: Restrict=ons atld Rei Mations. A. Bdt-,veen the hours of 9 p, Of age ma y and closing, no person Who has not yet attained _ enter or remain in the licensed or pennitted establislunent that serves eI v alcoholic beverages on the premises. �t ' 1 years'. r v, ine atnd beer pernnit that authorizes one son or of al es � holding a liquor control license premises may allowwa person «ho is not alcoholic beverages on the Yet -1 years old to remain at the premises. B. However, the provisions of section A of this section don 1., The person under 21 of apply when: perforrriin� Years of age is an employee of tine license or a contracted service for the license or pemnit Bolder on the prlelnlsosder, or the pre during during his or her scheduled ;;,ork hours. and is on 2. The`licensee or pe Mayor as follolvs: nnnittee applies for and quaIiries for anexception cel l--lcate from the a. A licensee or pertnittee v be`, hose primary business purpose is not the sale of alcoholic erases ;;7ne or b. , r Innay q se with the city clerl; a verified Staten t froinan ea. cepil fe The license accountant ;�'Inich establishes that on av 01 Pernittee must file d public accountant or an licensee's or permittee's g erage over a calendar , gross sales on the prennises'3te from he saI_le of ore �a1�I �0/ of theP ~' other than alcoholic beverages, ;�'il�e or beer. Those sales rnu fees charged to gain entry to or remain on the premises, such as cover char 'Reinclude come from st not mixes, or any part °f an alcoholic bevera� The statement must state the actual ercenge taas define s, drink, d in chapter 12; of the state code. in the regular course of the Iicensee'ps or e �e °f the sales. and be based on records made p rinittee's business. b. In addition to the aforementioned statement, proof of may include the business records on ;which the statement is base qualification for tI�e exception federal tax records, applications for d hick the insurance audi drarnshop insurance remiu d. such as state and p ms, and receipts from vendors for t� �`rfonned to determine records must'be provided to the A7aS7or for re; ie;� °i ds purchased. The upon requestc.. e quirelanehe mayor «i11 rissue an exception certificate if the licensee nts. has satisf ed ;he above d e' Ceprion certificate will be erie coi:�trol _license, ctive for the duration ;;'L e or beer per or the alcoholic liquor r st printed 1s/13!2oo7 3:00:00 P.�4 Page 1`of6 e. A new licensee or permittee r�-ho has not previously applied for a ren existing license or alcoholic, beverages. vale, oIr beer lase y obta r, buailless Purpose renewal of an certificate if the licensee's or permittee's businessp pose is not the sal -.10-0 a t, nlporary six-month exceptloii subsection B;a of this section. The licensee or ermittee must plan anticipates sales as required b_�,- detaiis the nature of the new estahlislhment-and he anticipated Percentage g submit an affidavit that and nonalcoholic beverages 4t the end of -he'six-month P entage of salesr may obtain an exception certificate for the iemaitzder of the d of good Per"' in accordance «ith subsections B; p` r1°d `he licensee or pernnittee duration of the license or six month period supporta through Bac of this section if sales during �� an exception. ne f. To be effective in exceiSting the licensee or permittee from the A of this section, the exception ertificate issued by entrance to the licensed °r P prohibition in subsection the mayor must be posted at every Permitted establishments. p�Inljtted establishunent in view of patrons of the licei.sed or 3. The person under 21 years of age is on the re permittee has, ill accordance w . p �I11iSeS during ° ith a �a�•itten notice and Plan m a time that the licensee or approved by the rnayor, suspended dispensing p �iV en in advance to and Premises. A plan:�.ust i .� alcoholic beverag p'°vde a method b �v ' yes on the licensed sight and reachi of patrons. If the y h�ch alcoholic be %gill be out of Plan receives approval the ma 7 approving the event. The certificate must be Posted at eve establishment in vie«, of patrons of p, °r eSII issue a certificate p he licensed or �' entrance to L12 Iicen`sed or permittee permitting persons under ? Permitted establishment. The license' - to such a plan must ta1;e . 1 5 ears of age'onto the lice premises p she necessary stepsursuallt consulning or possessing alcoholic ' to present persons under the lega ag Deverag �� oe prom yes on the premises. ?. Theerson P under 21 years of age is a atro� into an agreement wit, p n of all "authorizede n tile cif, for use of -I�tity, ghat has entered an "authorized site" in a city parlL C. Between 9 P.M. and closing no person under on the premises of a licensed or permitted establishment hmen th tears g e 172ay enter into or remain L consumption unless: authorizes on the premises 1. The person is an em _1ov service for the Iic p • ee of the licensee or ei se or permif holder on the p pn, ese� d ise or onhe pr mise tractId or her scheduled work hours; s during his ?. A valid exception certificate is posted u"rs�u t to su a i,alid certificate app;o�,ing p bsection B, of this sectign or a thus section; a nonalcoholic event is posted pursuant to subsection B4 of �. The person under 21 years of age is a patron of an " entered into an aareemer- authorized ent:t< " Which , 1< «ith the cite for use of LT, "authorizecel has d site" in a c1:7N7 ps-, ark e Last panted 12;13/1007 ;:00: oo pIq 'age 2 of 6 LM 4 LM D. unless a valid exception. If under section has been obtained and posted; or a ce�tIleLirProvisions ol�subsection B3 of this app, a nonalcoholic event t under the prol'isions of subsection B4 oftliis sec`: the duration of the event the licensed premises is�al??"laT�thb rizedentity,. ea`l�?d posted for "authorized entity" that has entered into an'agree, "authorized site,, in a city park, the holder of a,lie1uor t «-:t,? tl?e city for use of an perl?llt that authorizes on premises consumption qinust obtain la leoticeiroT?111e or beer The licensee or errittee post a noac, at eve o . ? the city cleerk. p must +' entranc, �o the .lc establislu??eat in vie«r of patrons'of the estabIislu??eat, stating: eased or pern?itted• ?�rotiee to persons Under X111Cteell (21) Fears of,Qae. A 4 You are subject to afi-ne`of S2S0,00 for being ori thesearerrrises between th 9: 00 P. tri, and closing unless: e hours a f 1• you are an employee of this establishment or per forn7in6 acontracted serrice respect to this establislzrnent and are ori the premises dur-j17 yoarr scheduled iiceIork vit I o1urs. The notice will be prepared by the city cleric and available at no charge. E.1. A. pel•sorl under 2.1 years of age «7ho violates tl section is guilty of a simple misdemeanor punishable by aPro'penalty of isions b,o hundrednC oar his dollars (5250.00), �lfty 2. Violation of the provisions of subsection A or D of this section may be char '-nunicipal irlfraction or a simple misdemeanor• ed as a Section . ro�Tis ort. The cit I,�a ,. prosecution any, y 5 elect, pt its sale discretion; to, iolation either as simple misdemeanor or a i7unici�,al infraction. Section 3 !!e Baler, All ordinances or parts of ordinances the provisions of this Ordinance are hereby repealed. In1CeS iIl conflict «lith Section, Severa[ailitN% If any section, provision, or part of this o• shall be adjudged to ,be. invalid or unconstitutional, such adjudication 1 ordinance not affeef the validity of the ordinance as a whole, or an , 'on,rshall or part thereof not ad'udg 5 section, provision _l ed invalid or uncanstitutior ' Section 5. EffectNe gate. This ordinance shall be i, -r, �� . passage, appro �'aI, and posting as provided , - Cf�. �.t a�L�i its final ny la��7, On the 12u'' day or: Decelrber 2007, at a : e� , i Council. Tiffin, _ar I !meeting of Ti' -n ; T j 1 girl; Io« -a. Cou i e r C_t� nci_personintroduced Ordinance N,10. Last printed z2/23/2007 3:00:06 Piq1` Page 3 of t 2007-289, and moved that itbe given its r"Irst reading. The motion was seconded by Councilperson Bartels. A3 -es: Dils; Demuth, Bartels, and Wrigllt. i,rayes:-None. absent: Petersen. •Four memb`ers of the council being present and having voted _"Aye". Mayor Glenn R. Potter declared the motion carlizd, and Ordinance" No. 2607-289, Nvas read the first time and discussed and placed on record. On the 12th day of December 2007, at a regular meeting of the Tiffn City Council, Tiffin, Iowa, Councilperson Dils moved that the rules requiring reading- and reading. -on two separate dates be suspended and «�aived and that the Ordinance No. 2007-289 be read -a second and third time by title onl was seconded by Councilperson Demuth. Y Ayes: Dils, Bar gels, 'Wright and Dils. 1 Nayes: None. Absent: Petersen. ' s Four memF ers of the council being present and having voted "Aye l��tayor R Glenn R. otter declared tile motion�cai ied, and Ordinance No. 2007-289. was read the second time and third di-iie by title only and placed on record. On the 12th day. of December, 2007, at a regular meeting of the Tiffin Cit r Council, Tiffin, Iowa, CouncilpersonWric, introduced Ordinance It o. 2007-289, and move'd,that it beivenalts final and last reading, The niotlon was seconded by "Councilperson Dils. Ayes: Wright, Bartels, Dills, and Demuth. Nayes: None. Absent: Petersen. Four members of the council being present and having'voted `:Aye", Mayor 2007, Mayor Glen R. Porter declared the motion carried, and Ordinance No. 2007-289, was then placed on its last reading and vas'read the last time. Thereupon, it ��7 ad b Council_ P s mov., y person Bar tels,and seconded b�7 Councilperson Wright that Ordinance No. 2007-289 be placed uponlits final passage and adopted. 'a F -Lass printed 12/13. 200 ;:00:00 PM Page 4 of 6'+ . P-