Sec. 10-6. Prohibited sales and acts.

(a) No person or club holding a liquor control license or a wine or beer permit nor his or her agents or employees shall do any of the following:

(1) Sell, dispense, or give to any intoxicated person, or one simulating intoxication, any alcoholic liquor, wine, or beer.

(2) Knowingly permit any gambling, except in accordance with I.C. chs. 99B, 99D, 99E, or 99F, or knowingly permit solicitation for immoral purposes, or immoral or disorderly conduct on the premises covered by the license or permit.

(3) 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. Monday through Saturday and between the hours of 2:00 a.m. on Sunday and 6:00 a.m. on the following Monday; however, a holder of a liquor control license or retail beer permit granted the privilege of selling alcoholic liquor, wine, or beer on Sunday may sell or dispense alcoholic liquor, wine or beer between the hours of 8:00 a.m. on Sunday and 2:00 a.m. on the following Monday.

(4) Sell alcoholic liquor, wine, or beer to any person on credit, except with a bona fide credit card. This subsection shall not apply to sales by a club to its members nor to sales by a hotel or motel to bona fide registered guests.

(5) Keep on premises covered by a liquor control license any alcoholic liquor in any container except the original package purchased from the alcoholic beverages division of the state department of commerce, and except mixed drinks or cocktails mixed on the premises for immediate consumption. This prohibition does not apply to common carriers holding a class D liquor control license.

(6) Reuse for packaging alcoholic liquor or wine any container or receptacle used originally for packaging alcoholic liquor or wine; or adulterate, by the addition of any substance, the contents or remaining contents of an original package of an alcoholic liquor or wine; or knowingly possess any original package which has been so reused or adulterated.

(7) Employ any person under the age of 18 years old in the sale or serving of alcoholic liquor, wine or beer for consumption on the premises where sold.

(8) Allow any person other than the licensee, permittee, or employees of the licensee or permittee to use or keep on the licensed premises any alcoholic liquor in any bottle or other container which is designed for the transporting of such beverages, except as permitted in I.C. § 123.95. This subsection does not apply to the lodging quarters of a class B liquor control licensee or wine or beer permittee, or to common carriers holding a class D liquor control license.

(9) Sell, give, or otherwise supply any alcoholic beverage, wine, or beer to any person, knowing or failing to exercise reasonable care to ascertain whether the person is under legal age, or permit any person, knowing or failing to exercise reasonable care to ascertain whether the person is under legal age, to consume any alcoholic beverage, wine, or beer.

(10) In the case of a retail beer permittee 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 the permittee's place of business.

(11) Keep or allow to be kept gambling devices of any kind or description on the premises or place of business of the license or permit holder contrary to state law.

(12) Engage in, perform, act or cause, permit, procure, counsel or assist any other 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;

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, wine or beer permittee, his or her agent or employee.

(13) Knowingly permit solicitation on the licensed premises for purposes of prostitution.

(14) Knowingly permit or engage in any criminal activity on the premises covered by the license or permit.

(15) No licensee shall have or maintain any interior access to residential or sleeping quarters unless permission is granted by the administrator of the alcoholic beverages division of the state's department of commerce in the form of a living quarters permit.

(16) No signs or advertisements advertising beer, wine or liquor or relating to the sale thereof shall be lighted within or on the premises where beer, wine or liquor is sold when such premises are not legally open for the sale of beer, wine or liquor.

(17) No loud or boisterous language shall be permitted in any place where beer, wine or liquor is sold, and such place shall be conducted in a quiet and orderly manner.

(b) 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. If any person under legal age misrepresents the person's age, and the licensee or permittee establishes that the licensee or permittee made reasonable inquiry to determine whether the prospective purchaser was over legal age, the licensee or permittee is not guilty of selling alcoholic liquor, wine, or beer to a person under legal age.

(c) No privilege of selling alcoholic liquor, wine, or beer on Sunday, as provided in I.C. §§ 123.36(6) and 123.134(5), shall be granted to a club or other organization which places restrictions on admission or membership in the club or organization on the basis of sex, race, religion, or national origin. However, the privilege may be granted to a club or organization which places restrictions on membership on the basis of sex, if the club or organization has an auxiliary organization open to persons of the other sex.

 

Sec. 10-43. Conditions for approval.

The following conditions and regulations must be met by an applicant for a liquor control license or a wine or beer permit:

(1) The applicant must give consent in writing on the application that members of the fire and police 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.

(2) The premises for which a liquor control license, or a wine or a beer permit is sought must be located within an area where such business is permitted by chapter 134 of this Code and must otherwise conform to the city zoning requirements.

(3) The premises of a class B beer permit shall, at the time of the application, continue to be equipped with sufficient tables and seats to accommodate 25 persons at one time.

(4) All permits and licenses provided for in this chapter shall be displayed in a conspicuous place on the premises of the permit or license holder and at all times shall be subject to inspection.

(5) No liquor control license or a wine or beer permit shall be approved for premises which do not conform to all applicable laws, ordinances, resolutions, and health and fire regulations.

(6) Licensed premises shall conform with the following:

a. In addition to subsections (1) through (8) of this section, neither class A, B, C or special class C licenses nor class B beer permits shall be granted for premises which are not operated as a restaurant at least half of whose gross income is derived from the sale of prepared food and food-related services and which are located within 150 feet of any church, school, public park or licensed child care center as defined by I.C. ch. 237A.

b. No class B wine permit, class C beer permit, or class E liquor license shall be granted to an applicant whose premises are within 75 feet of any church, school, or public park or licensed child care center as defined by I.C. ch. 237A.

c. In determining the distances set out in this subsection, measurements shall be taken on a direct line from the nearest property line of the premises upon which the place of business of an applicant for a permit or license is located and over which such applicant has control, to the nearest property line of the parcel of real estate upon which the church or school building is situated. These area restrictions shall not affect the right of present permit or license holders who have qualified under the rules heretofore in effect, or their successors by purchase, from renewing their permits or licenses in their present locations.

(7) a. Except in the geographic areas identified in chapter 134 of this Code as a C-3 commercial (downtown) district, neither new permits or licenses nor transfers of existing permits or licenses, other than class C beer permits and class E liquor licenses, will be granted for locations not currently operating under a permit or license, unless 75 percent of the property abutting on both sides of the same street as the premises for which the license or permit is requested and extending 200 feet to the right and left from the center point of such premises facing such street is either currently put to a commercial use or is commercially zoned by chapter 134 of this Code. An exception to this restriction is permitted where the applicant's premises are operated as a restaurant, at least half of the gross income of which is derived from the sale of prepared food and food-related services.

b. In measuring the distances in subsection (10)a of this section, rights-of-way of intersecting city streets and alleys shall be excluded.

c. Where the premises involved are located on a corner lot at the intersection of two streets, it will be sufficient if the usage or zoning so measured along either intersecting street meets the requirements of subsection (10)a of this section.

(8) The area restrictions set forth in this section shall not affect the right of present permit or license holders or their successors by purchase from renewing their permits or licenses in their present locations. No property whose principal structure shall be used wholly or in part for residence purposes shall be deemed actually devoted to commercial use unless more than 50 percent of the gross floor area of the structure shall be devoted to commercial use.

(9) The subsections of this section concerning the location of new or transferred permits and licenses shall not apply to an application for a permit or license by a college or university where 75 percent of the real estate, exclusive of street rights-of-way, within 200 feet of the structure for which the permit or license is sought, is owned by the college or university.

(10) a. Subsections (2) and (3) of this section shall not apply to a person who makes application for a class B beer permit in connection with the operation of a concession stand at a city park designated "community" or "major" by the director of the park and recreation department, or at a city-owned golf course. The city council may approve an application for a class B beer permit in connection with the operation of a concession stand at city parks designated "neighborhood" in special circumstances upon review of the facts and taking into account the recommendation of the park and recreation board.

b. For the purposes of section 10-47 of this chapter, each park at which an applicant desires to operate a concession stand and sell beer shall be deemed a separate place of business for which such applicant shall be required to have a separate license.

(11) Subsection (2) of this section shall not apply to a club or corporation which makes application for a class A liquor control license in connection with the operation of and located on the land occupied by a private full-sized nine- or 18-hole golf course.

(12) Subsection (9)a of this section shall not apply to nonprofit corporations which make application for a five-day, 14-day, seasonal, or Sunday sales liquor control license, where the sale of alcoholic beverages does not occur between the hours of 8:00 a.m. and 5:00 p.m., and where the sale of alcoholic beverages is done on a temporary basis for special events and so as to not comprise greater than 50 percent of the gross revenue for each day alcoholic beverages are sold.

(13) For all class A,B,C or special class C liquor licenses and all class B beer permits the applicant must provide a statement that all designated security employees have received training and certification in security methods. Such training shall be performed and certified to by a third party that is in the training business and shall include a minimum of four hours of training in the following areas: mediation techniques, civil rights or unfair practices awareness as provided in the Iowa Code Section 216.7, and proper physical restraint methods used against a person who has become combative.