Amendment to City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor ControlCity of Dubuque
City Council Meeting
Action Items # 2.
Copyrighted
August 16, 2021
ITEM TITLE: Amendment to City of Dubuque Code of Ordinances Title 4 Business
and License Regulations, Chapter 2 Liquor Control
SUMMARY: City Clerk recommending City Council adoption of an ordinance
amending Title 4 Business and License Regulations, Chapter 2 Liquor
Control to coincide with the Iowa Alcoholic Beverage Division's
documentation and fee procedures and to authorize the City Clerk's
Office to issue provisional approval for new and renewal applicants prior
to regularly scheduled City Council meetings when the applicants have
met all provisions of the city and state codes.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 4
Business and License Regulations, Chapter 2 Liquor Control, Article B
Liquor, Beer and Wine Licenses and Permits, Sections 4-213-7 Proof of
Financial Responsibility, 4-213-8 Fees and Surcharges, and 4-213-9
Action by Council; forwarding of documents to state
SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion
DISPOSITION:
ATTACHMENTS:
Description Type
Memo Staff Memo
Ordinance Ordinance
Dubuque
City Clerk's Office
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ctyclerk@cityofdubuque.org
www.cityofdubuque.org
TO: The Honorable Mayor and City Council Members
FROM: Adrienne N. Breitfelder, City Clerk
DATE: August 11, 2021
SUBJECT: Amendment to City of Dubuque Code of Ordinances Title 4 Business and
License Regulations, Chapter 2 Liquor Control.
PURPOSE
The purpose of this memo is to request City Council adoption of an amendment to the
City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter
2 Liquor Control.
BACKGROUND
Alcoholic beverage licensing in Iowa is a joint effort involving the license applicant, local
authority (city) and the Iowa Alcoholic Beverages Division (Iowa ABD). City of Dubuque
Code Title 4, Chapter 2 covers liquor, beer and wine licenses, and contains sections that
need to be updated for accuracy and clarity. City of Dubuque Code §4-2B-7 references
the city's authority to request proof of financial responsibility from licensees but does not
include the Iowa ABD's standard language on what qualifies as proof. §4-2B-8 currently
states that the city collects the application fee. However, the Iowa ABD collects the
application fee, so city code must be updated to reflect the current process.
Additionally, the Iowa ABD recently implemented a new application process for liquor
licenses and beer and wine permits. In the previous application process, the City Clerk's
Office could view an application as soon as it was initiated by the applicant. This advance
notice provided the City Clerk's Office ample time to coordinate which City Council
meeting to submit the application for City Council approval. Per City Code §4-2B-9, City
Council approves licenses prior to issuance, and applications are presented to City
Council for approval as a consent item. The new application process restricts the City
Clerk's Office view of an application until the applicant has completed multiple steps in
the process and is ready for local authority approval. The lack of advanced notice of
applications in the Iowa ABD system limits the City Clerk's Office ability to plan for a future
date that the application will be considered for City Council approval. Regularly scheduled
City Council meetings occur on the first and third Monday of each month. Therefore, if the
City Clerk's Office receives an application that is ready for approval during the weeks
when a City Council meeting is not occurring, then the application must wait until the next
City Council meeting to be approved. This may delay businesses from operating or
prevent special events from serving beer if the event takes place before the next regularly
scheduled City Council meeting.
DISCUSSION:
An amendment to City of Dubuque Code of Ordinances Title 4 Business and License
Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and
Permits is proposed to make the following updates to City Code:
1. Reflect current Iowa ABD requirements for proof of financial responsibility and
application fees.
2. Grant the City Clerk's Office provisional approval for new and renewal licenses
prior to regularly scheduled City Council meetings when the applicants have
met all of the application and inspection provisions of the city and state codes.
Per City of Dubuque Code §4-2B-5, investigations of applicants are conducted by the
Chief of Police, and the Health Department, Inspection and Construction Services
Division, and Fire Department inspect premises to determine conformance with all
requirements of state laws, local ordinances, and regulations prior to approval of a
license. No applications will be provisionally approved prior to the completion of these
code requirements.
The City Clerk will place all provisional licenses and permits on the next regularly
scheduled City Council Agenda for review and either approval or revocation by the City
Council. The City Council reserves the right to revoke any provisional new or renewal
liquor, beer, and wine license or permit issued by the City Clerk's Office when an applicant
is no longer eligible for a license or permit at the time of the regularly scheduled City
Council meeting and approval would result in the violation of any provisions of this code,
other city ordinances, or the state code.
RECOMMENDATION
I respectfully request City Council adoption of the ordinance amending City of Dubuque
Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control.
cc: Michael Van Milligen, City Manager
Crenna Brumwell, City Attorney
Trish Gleason, Assistant City Clerk
Prepared by Adrienne N. Breitfelder, City Clerk, 50 W. 13" Street, Dubuque, IA 52001, (563) 589-4120
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13S' Street, Dubuque, IA 52001, (563) 589-4120
ORDINANCE NO. 29-21
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR,
BEER AND WINE LICENSES AND PERMITS, SECTIONS 4-213-7 PROOF OF
FINANCIAL RESPONSIBILITY, 4-2B-8 FEES AND SURCHARGES, AND 4-213-9
ACTION BY COUNCIL; FORWARDING OF DOCUMENTS TO STATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 4-213-7 of the City of Dubuque Code of Ordinances is amended
to read as follows:
4-213-7: PROOF OF FINANCIAL RESPONSIBILITY:
Each liquor control licensee and retail beer permittee shall furnish proof of financial
responsibility either by the existence of a liability insurance policy or by posting bond in
such amount as shall be determined by the Iowa Alcoholic Beverage Division which shall
be based on a review of factors, including but not limited to:
A. Amount of financial support and operating funds;
B. Prompt payment of state and local taxes;
C. Fees and charges for municipal utilities and services; and
D. Prompt payment of licensing fees and any administrative penalties.
Section 2. Section 4-213-8 of the City of Dubuque Code of Ordinances is amended
to read as follows:
4-26-8: RESERVED:
Section 3. Section 4-26-9 of the City of Dubuque Code of Ordinances is amended
to read as follows:
4-2B-9: ACTION BY COUNCIL; FORWARDING OF DOCUMENTS TO STATE:
A. Action taken by the city council shall be so endorsed on the application and
thereafter the application shall be forwarded to the division for such further action as is
provided by law.
B. Provisional Licenses and Permits.
1. The City Clerk's Office is authorized to issue provisional approval for new
and renewal applicants for liquor, beer, and wine licenses and permits prior to
regularly scheduled City Council meetings when the applicants have met all of the
application and inspection provisions of the city and state codes.
2. The City Clerk shall place all provisional approvals on the next regularly
scheduled City Council Agenda for review and either approval or revocation by the
City Council.
3. The City Council reserves the right to revoke any provisional new or renewal
liquor, beer, and wine approval issued by the City Clerk's Office when an applicant
is no longer eligible for a license or permit at the time of the regularly scheduled
City Council meeting and approval would result in the violation of any provisions
of this code, other city ordinances, or the state code.
Section 4. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 16th day of August, 2021.
Dann prank, Mayor Pro Tern
Attest:
Adrienne Breitfelder, CitV Clerk
EFFECT OF AMENDMENT
4-213-7: PROOF OF FINANCIAL RESPONSIBILITY:
Each liquor control licensee and retail beer permittee shall furnish proof of financial
responsibility either by the existence of a liability insurance policy or by posting bond in
such amount as shall be determined by the Iowa Alcoholic Beverage Division which shall
be based on a review of factors, including but not limited to:
A. Amount of financial support and operating funds;
B. Prompt payment of state and local taxes;
C. Fees and charges for municipal utilities and services; and
D. Prompt payment of licensing fees and any administrative penalties.
4-213-8: RESERVED:
4-213-9: ACTION BY COUNCIL; FORWARDING OF DOCUMENTS TO STATE:
A. Action taken by the city council shall be so endorsed on the application and
thereafter the application shall be forwarded to the division for such further action as is
provided by law.
B. Provisional Licenses and Permits.
1. The City Clerk's Office is authorized to issue provisional approval for new
and renewal applicants for liquor, beer, and wine licenses and permits prior to
regularly scheduled City Council meetings when the applicants have met all of the
application and inspection provisions of the city and state codes.
2. The City Clerk shall place all provisional approvals on the next regularly
scheduled City Council Agenda for review and either approval or revocation by the
City Council.
3. The City Council reserves the right to revoke any provisional new or renewal
liquor, beer, and wine approval issued by the City Clerk's Office when an applicant
is no longer eligible for a license or permit at the time of the regularly scheduled
City Council meeting and approval would result in the violation of any provisions
of this code, other city ordinances, or the state code.
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
08/20/2021
and for which the charge is 38.33
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this 20th day of August, 2021
�)� f< pc�O-F'
Notary Pt It in and for Dubuque County, Iowa.
.aa-a JANET K. PAPE
Coanimission Number 199559
_ -- My Comm. Exp. DEC 11, 2022
Ad text : OFFICIAL
PUBLICATION
ORDINANCE NO. 29-21
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B
LIQUOR, BEER AND WINE LICENSES AND PERMITS, SECTIONS 4-213-7
PROOF OF FINANCIAL RESPONSIBILITY, 4-2B-8 FEES AND SURCHARGES,
AND 4-213-9 ACTION BY COUNCIL; FORWARDING OF DOCUMENTS TO STATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Section 4-2B-7 of the City of Dubuque Code of
Ordinances is amended to read as follows:
4-2B-7: PROOF OF FINANCIAL RESPONSIBILITY:
Each liquor control licensee and retail beer permittee shall
furnish proof of financial responsibility either by the
existence of a liability insurance policy or by posting bond
in such amount as shall be determined by the Iowa Alcoholic
Beverage Division which shall be based on a review of factors,
including but not limited to:
A. "Amount of financial support and operating funds;
B. "Prompt payment of state and local taxes;
C."Fees and charges for municipal utilities and services;
and
D. "Prompt payment of licensing fees and any administrative
penalties.
Section 2. Section 4-213-8 of the City of Dubuque Code of
Ordinances is amended to read as follows:
4-2B-8: RESERVED:
Section 3. Section 4-213-9 of the City of Dubuque Code of
Ordinances is amended to read as follows:
4-213-9: ACTION BY COUNCIL; FORWARDING OF DOCUMENTS TO STATE:
A. "Action taken by the city council shall be so endorsed on
the application and thereafter the application shall be
forwarded to the division for such further action as is
provided by law.
B. "Provisional Licenses and Permits.
1."The City Clerk's Office is authorized to issue
provisional approval for new and renewal applicants for
liquor, beer, and wine licenses and permits prior to regularly
scheduled City Council meetings when the applicants have met
all of the application and inspection provisions of the city
and state codes.
2. "The City Clerk shall place all provisional approvals on
the next regularly scheduled City Council Agenda for review
and either approval or revocation by the City Council.
3. "The City Council reserves the right to revoke any
provisional new or renewal liquor, beer, and wine approval
issued by the City Clerk's Office when an applicant is no
longer eligible for a license or permit at the time of the
regularly scheduled City Council meeting and approval would
result in the violation of any provisions of this code, other
city ordinances, or the state code.
Section 4. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 16th day of August, 2021.
/s/Danny C. Sprank, Mayor Pro Tern
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 20th day of August, 2021.
/&/Adrienne N. Breitfelder, City Clerk
It 8/20