TITLE 5. BUSINESS TAXES, LICENSES AND REGULATIONSTITLE 5. BUSINESS TAXES, LICENSES AND REGULATIONS\Chapter 5.09 ALCOHOLIC LIQUOR – SALES BY TEMPORARY PERMIT

As used in this chapter, the words and phrases defined in this section shall have the following meanings, unless the context otherwise requires:

A.    “Alcoholic liquor” means alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being, but shall not include cereal malt beverage.

B.    “Person” means and includes individuals, firms, copartnerships, corporations and associations.

C.    “Temporary permit” means a permit, issued in accordance with the laws of the state, which allows the permit holder to offer for sale, sell, and serve alcoholic liquor for consumption on unlicensed premises, open to the public.

D.    “Temporary permit holder” is a person, as defined herein, who has a temporary permit.

(Ord. 717 § 1, 1987)

It is unlawful for any person granted a temporary permit by the state to sell or serve any alcoholic liquor within the city without first obtaining a local temporary permit from the city clerk.

(Ord. 717 § 2 (part), 1987)

A.    There is levied a temporary permit fee in the amount of twenty-five dollars per day on each group or individual holding a temporary permit issued by the State Director of Alcoholic Beverage Control authorizing sales within the city, which fee shall be paid before the event is begun under the state permit.

B.    Every temporary permit holder shall cause the temporary permit receipt to be placed in plain view on any premises within the city where the holder of the temporary permit is serving or mixing alcoholic liquor for consumption on the premises.

(Ord. 717 § 2 (a), (b), 1987)

A.    It is unlawful for any person to conduct an event under a state-issued temporary permit without first applying for a local temporary permit at least seven days before the event. Written application for the local temporary permit shall be made to the city clerk and shall clearly state:

1.    The name of the applicant;

2.    The group for which the event is planned;

3.    The location of the event;

4.    The date and time of the event;

5.    Any anticipated need for police, fire or other municipal services.

B.    Upon presentation of a state temporary permit, payment of the city’s temporary permit fee and a written application as provided for in subsection A of this section, the city clerk shall issue a local temporary permit to the applicant, if there are no conflicts with any zoning or other ordinances of the city.

C.    The city clerk shall notify the chief of police whenever a temporary permit has been issued, and forward a copy of the permit and application to the chief of police.

(Ord. 717 § 3, 1987)

A.    No alcoholic liquor shall be sold or served by a person holding a license or permit from the city whose place of business or other premises are located within two hundred feet of any church, school, nursing home, library and hospital, such distance to be measured from the nearest property line of such church, school, nursing home, library and hospital, to the nearest portion of the building occupied by the premises.

B.    The distance location of subsection A above shall not apply to a club, drinking establishment, caterer or temporary permit holder when the license or permit applicant petitions for and receives a waiver of the distance limitation from the governing body. The governing body shall grant such a waiver only following public notice and hearing and a finding by the governing body that the proximity of the establishment is not adverse to the public welfare or safety.

C.    No license or permit shall be issued for the sale of alcoholic liquor if the building or use does not meet the zoning ordinance requirements of the city, or conflicts with other city laws, including building and health codes.

(Ord. 717 § 4, 1987)

No temporary permit holder shall allow the serving, mixing or consumption of alcoholic liquor between the hours of two a.m. and six a.m. at any event for which a temporary permit has been issued.

(Ord. 717 § 7 (a), 1987)

No alcoholic beverages shall be given, sold or traded to any person under twenty-one years of age.

(Ord. 717 § 7 (b), 1987)

A.    It is unlawful for any person under the age of twenty-one years to remain on any premises where the sale of alcoholic liquor is licensed for on-premises consumption, or where a caterer or a temporary permit holder is serving alcoholic liquor.

B.    It is unlawful for the operator, person in charge or licensee of any premises licensed for on-premises consumption of alcoholic liquor or a caterer or temporary permit holder who is serving alcoholic liquor to permit any person under the age of twenty-one years to remain on the premises.

C.    This section shall not apply if the person under the age of twenty-one years is accompanied by his or her parent or guardian, or if the licensed or permitted premises derives not more than fifty percent of its gross receipts in each calendar year from the sale of alcoholic liquor for on-premises consumption.

(Ord. 717 § 5, 1987)

No person shall drink or consume any alcoholic liquor on city-owned property.

(Ord. 717 § 6, 1987)

If the permit holder has violated any of the provisions of this chapter, the governing body may revoke such temporary permit, and the individual holding the permit may be charged in municipal court with a violation of the alcoholic liquor laws of the city and upon conviction shall be punished by:

A.    A fine of not more than four hundred ninety-nine dollars; or

B.    Imprisonment in jail for not more than one hundred seventy-nine days; or

C.    Both such fine and imprisonment not to exceed subsections A and B above.

(Ord. 717 § 8, 1987)