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Code of Ordinances_Liquor Control AmendmentTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Liquor License Ordinance 4 -2A -3 and 4 -2B -6 Amendments DATE: December 7, 2012 Dubuque kital All- America City II 111! 2012 City Clerk Kevin Firnstahl recommends City Council approval of an amendment to City of Dubuque Code of Ordinances as it pertains to Liquor Licensing Section 4 -2A -3 Prohibited Sales and Acts and Section 4 -2B -6 Requirements for Premises, eliminating outdated language and adding language that is consistent with the Iowa Code and the City's Unified Development Code. Section 4 -2A -3 Prohibited Sales and Acts is amended by adjusting the language to coincide with an amendment made to the Iowa Code on July 1, 2012, to include a new Infusion law. This law essentially allows license holders to infuse alcohol with other limited non - alcoholic beverages and flavors not intended for immediate consumption and store it for no more than 72 hours in addition to other stipulations. Section 4 -2B -6 Requirements for Premises is amended by deleting a reference to a former city zoning classification known as Local Business A District, which is an obsolete classification. Planning Services reviews all liquor license applications against the current Unified Development Code for compliant zoning classifications. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Kevin S. Firnstahl, City Clerk Masterpiece on the Mississippi Dubuque All- America City 11111 r 2012 December 6, 2012 TO: Michael C. Van Milligen City Manager FROM: Kevin S. Firnstahl, City Clerk SUBJECT: Liquor License Ordinance 4 -2A -3 and 4 -2B -6 Amendments INTRODUCTION While reviewing the City of Dubuque Code of Ordinances as it pertains to liquor licensing, outdated language was found in Section 4 -2A -3 Prohibited Sales and Acts and Section 4 -2B -6 Requirements for Premises. DISCUSSION Section 4 -2A -3 Prohibited Sales and Acts is amended by adjusting the language to coincide with an amendment made to the Iowa Code on July 1, 2012 to include a new Infusion law. This law essentially allows license holders to infuse alcohol with other limited non - alcoholic beverages and flavors not intended for immediate consumption and store it for no more than 72 hours in addition to other stipulations. (Attachment). Section 4 -2B -6 Requirements for Premises is amended by deleting a reference to a former city zoning classification known as Local Business A District, which is an obsolete classification. Planning Services reviews all liquor license applications against the current Unified Development Code for compliant zoning classifications. RECOMMENDATION I recommend City Council approval of the attached ordinance amending Section 4 -2A -3 Prohibited Sales and Acts and Section 4 -2B -6 Requirements for Premises of the Code of Ordinances to add language that is consistent with the Iowa Code and the City's Unified Development Code. Thank you. KF /tlg cc: Crenna Brumwell, Assistant City Attorney Kyle Kritz, Assistant Planner Trish Gleason, Assistant City Clerk Attachments: Ordinance Amendment Iowa Code Excerpt Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381 ORDINANCE NO. 64 12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE A ALCOHOLIC BEVERAGES, SECTION 4 -2A -3 PROHIBITED SALES AND ACTS BY ADJUSTING THE LANGUAGE TO COINCIDE WITH AN AMENDMENT TO THE IOWA CODE; AND ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS, SECTION 4 -2B -6 REQUIREMENTS FOR PREMISES BY DELETING A REFERENCE TO A FORMER ZONING CLASSIFICATION KNOWN AS LOCAL BUSINESS A DISTRICT WHICH NO LONGER EXISTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 4 -2A -3 of the City of Dubuque Code of Ordinances is amended to read as follows: 4 -2A -3: PROHIBITED SALES AND ACTS: A person or club holding a liquor license or retail wine or beer permit under this chapter, and the person's or club's agents or employees shall not do any of the following: G. Keep on premises covered by a liquor control license any alcoholic liquor in any container except the original package purchased from the division and except mixed drinks or cocktails mixed on the premises for immediate consumption on the licensed premises or as otherwise provided by Iowa Code, Section 123.49(2)(d). This prohibition does not apply to common carriers holding a class D liquor control license; Section 2. Section 4 -2B -6 of the City of Dubuque Code of Ordinances is amended to read as follows: 4 -2B -6: REQUIREMENTS FOR PREMISES: B. Requirements: In addition to any other requirements, the premises for which a beer permit, wine permit, or liquor control license is sought shall meet the following requirements: 3. The premises for which a retail beer permit is sought shall be located within a business district or an area now or hereafter zoned to permit such business and shall conform to the zoning requirements of the city. Section 3. This Ordinance takes effect upon publication. Passed, approved, and adopted the 17tnday of December , 2012. Attest: Roy D. Buol, Ifayor OFFICIAL PUBLICATION ORDINANCE NO. 64-12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULA- TIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE A ALCO- HOLIC BEVERAGES, SECTION 4-2A -3 PROHIBITED SALES AND ACTS BY ADJUSTING THE LAN- GUAGE TO COINCIDE WITH AN AMEND- MENT TO THE IOWA CODE; . AND ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS, SECTION 4- 2B-6 REQUIREMENTS FOR PREMISES BY DELETING A REFER- ENCE TO A FORMER ZONING CLASSIFI- CATION KNOWN AS LOCAL BUSINESS A DISTRICT WHICH NO LONGER EXISTS NOW,. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 4 of.- . the . City : of - Dubuque Code of Ordinances is amended to read as follows: 4 -2A -3: PROHIBITED SALES AND ACTS: A person or club holding a liquor license or retail wine or beer permit under this chapter, and the person's or , club's agents or employees shall not do any of the following: G. Keep on premises covered by a liquor control license any alcoholic liquor in any container except the original package purchased_ from the division and except mixed drinks or cocktails mixed on the premises for imme- diate consumption on the licensed premises or as otherwise provided by Iowa Code, Section 123.49(2)(d). This prohibition does not apply to common carriers holding a class D liquor control license; Section 2. Section 4- 2B -6 of the City of Dubuque Code of Ordinances is amended to read as follows: 4 -2B -6: REQUIRE- MENTS FOR PREMISES: B. Requirements: In addition to any other requirements, the pre- mises for which a beer permit, wine permit, or liquor control license is sought shall meet the following require- ments: 3. The premises for which a retail beer permit is sought shall be located within a business district or an area now or hereafter zoned to permit such business and shall conform to .the zoning requirements of the city. Section` 3. This Ordinance takes effect upon publication. Passed, approved, and adopted the 17th: day of December, 2012. /s /Roy D. Buol, Mayor Attest /s/ Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 21st day of. December, 2012. /s /Kevin S. Firnstahl, City Clerk It 12/21 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, 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: December 21, 2012, and for which the charge is $25.86. At.,..32,,AAAL_f)atv Subscribed to before me, a otary Public in and for Dubuque County, Iowa, this any, day of,,�,�4) , 20 /t., . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEEYER Commieslon Number 154o85 r: cxn Fc9. 1. ?Q'74 EFFECT OF AMENDMENT 4 -2A -3: PROHIBITED SALES AND ACTS: A person or club holding a liquor license or retail wine or beer permit under this chapter, and the person's or club's agents or employees shall not do any of the following: G. Keep on premises covered by a liquor control license any alcoholic liquor in any container except the original package purchased from the division and except mixed drinks or cocktails mixed on the premises for immediate consumption on the licensed premises or as otherwise provided by Iowa Code, Section 123.49(2)(d). This prohibition does not apply to common carriers holding a class D liquor control license; 4 -2B -6: REQUIREMENTS FOR PREMISES: B. Requirements: In addition to any other requirements, the premises for which a beer permit, wine permit, or liquor control license is sought shall meet the following requirements: 3. The premises for which a retail beer permit is sought shall be located within a business district or an area now or hereafter zoned to permit such business and shall conform to the zoning requirements of the city. However, no class B beer permit shall be issued for premises located in local business A of such public hearing has first been given. 123.49 Miscellaneous prohibitions. 2. A person or club holding a liquor control license or retail wine or beer permit under this chapter, and the person's or club's agents or employees, shall not do any of the following: d. (1) Keep on premises covered by a liquor control license any alcoholic liquor in any container except the original package purchased from the division, and except mixed drinks or cocktails mixed on the premises for immediate consumption on the licensed premises or as otherwise provided by this paragraph "d "1. This prohibition does not apply to common carriers holding a class "D" liquor control license. (2) Mixed drinks or cocktails mixed on the premises that are not for immediate consumption may be consumed on the licensed premises subject to the requirements of this subparagraph pursuant to rules adopted by the division. The rules shall provide that the mixed drinks or cocktails be stored, for no longer than seventy -two hours, in a labeled container in a quantity that does not exceed three gallons. The rules shall also provide that added flavors and other nonbeverage ingredients included in the mixed drinks or cocktails shall not include hallucinogenic substances or added caffeine or other added stimulants including but not limited to guarana, ginseng, and taurine. In addition, the rules shall require that the licensee keep records as to when the contents in a particular container were mixed and the recipe used for that mixture. 185 - 4.5(123) Mixed drinks or cocktails not for immediate consumption. An on- premises liquor control licensee may mix, store, and allow the consumption of mixed drinks or cocktails which are not for immediate consumption, subject to the requirements and restrictions provided in Iowa Code section 123.49(2) "d "(2) and this rule. 4.5(1) Definitions. a. Immediate consumption. For purposes of Iowa Code section 123.49(2) "d" and this rule, immediate consumption is defined as the compounding and fulfillment of a mixed drink or cocktail order upon receiving the order for the mixed drink or cocktail. b. Mixed drink or cocktail. A beverage composed in whole or in part of alcoholic liquors, combined with other alcoholic beverages and/or nonalcoholic beverages or ingredients including but not limited to ice, water, soft drinks, or flavorings. 4.5(2) Location. Mixed drinks or cocktails which are not for immediate consumption shall be mixed, stored, and consumed on the liquor control licensed premises. Mixed drinks or cocktails shall not be removed from the licensed premises. 4.5(3) Quantity. A mixed drink or cocktail which is not for immediate consumption shall be mixed, stored, and dispensed from a labeled container in a quantity not to exceed three gallons. 4.5(4) Container. A mixed drink or cocktail which is not for immediate consumption shall at all times be in a container compliant with applicable state and federal food safety statutes and regulations. a. The mixed drink or cocktail shall be mixed and remain stored in the same container. b. The mixed drink or cocktail shall be removed from the stored container for any one of the following dispensing purposes: (1) To compound and fulfill a mixed drink or cocktail order upon receiving the order for the mixed drink or cocktail. (2) For transfer into a pourable container. The pourable container shall have affixed a label compliant with subrule 4.5(5) containing identical label information from the container the contents were poured from. The expiration date and time shall not be extended by the transfer of product to a pourable container. c. The mixed drink or cocktail may be strained into another container when each of the following conditions is met: (1) The mixed drink or cocktail is returned to the labeled container it is strained from without delay. (2) The container and process is compliant with applicable state and federal food safety statutes and regulations. d. An original package of alcoholic liquor as purchased from the division or an original package of wine shall not be used to mix, store, or dispense a mixed drink or cocktail, pursuant to Iowa Code section 123.49(2) "d" and "e." e. The mixed drink or cocktail shall not be mixed, stored, or dispensed from a container bearing an alcoholic beverage name brand. 4.5(5) Label. A label shall be placed on a container when the contents of the mixed drink or cocktail are placed into the empty container. a. Contents are defined in subrule 4.5(6). b. The label shall be subject to the following requirements and restrictions: (1) The label shall adhere to the container for the duration of the seventy -two hours. (2) The label shall be affixed to the container in a conspicuous place. (3) The label shall legibly identify the month, day, and year the contents are placed into the empty container. (4) The label shall legibly identify the time the contents were placed into the empty container. The time shall be reported to the minute utilizing the 12 -hour clock, and include either the ante meridian (AM) or post meridian (PM) part of time. (5) The label shall legibly identify the month, day, and year the contents expire. (6) The label shall legibly identify the time the contents expire. The time shall be reported in the same manner as reported in subparagraph 4.5(5) "b "(4). (7) The label shall legibly specify the title of the recipe used for the contents of the container. (8) The label shall legibly identify the person who prepared the contents of the container. (9) The label shall legibly identify the size of the batch contained within and be conspicuously marked with the words "CONTAINS ALCOHOL." (10) The label shall be removed from the container only after the entire contents have been consumed or destroyed and disposed of in accordance with applicable law. (11) A removed label shall not be reapplied to a container. (12) A new label, subject to the requirements and restrictions of this subparagraph, shall be affixed to a container that is being reused for a mixed drink or cocktail which is not for immediate consumption. c. A licensee may access a label template on the Web site of the division located at www.IowaABD.com. 4.5(6) Contents. Contents include alcoholic beverages, nonalcoholic ingredients, or combination thereof, which are not for immediate consumption. a. A licensee is limited to utilizing alcoholic beverages in the mixed drink or cocktail which are authorized by the license. b. A licensee shall utilize alcoholic beverages in the mixed drink or cocktail which are obtained as prescribed by Iowa Code chapter 123. c. The contents of the mixed drink or cocktail shall not include hallucinogenic substances, added caffeine or added stimulants including but not limited to guarana, ginseng, and taurine, or a controlled substance as defined in Iowa Code section 124.401. 4.5(7) Disposal. a. Any mixed drink or cocktail, or portion thereof, not consumed within seventy -two hours of the contents being placed into the empty container shall be destroyed and disposed of in accordance with applicable law. b. An expired mixed drink or cocktail which is not for immediate consumption shall not be: (1) Added to an empty container and relabeled; or (2) Added to another mixed drink or cocktail which is not for immediate consumption. 4.5(8) Records. A licensee shall maintain accurate and legible records for each mixed drink or cocktail which are not for immediate consumption. a. Records shall contain: (1) The month, day, and year the contents are placed into the empty container. (2) The time the contents are placed into the empty container. The time shall be reported in the same manner as reported in subparagraph 4.5(5) "b "(4). (3) Each alcoholic beverage, including the brand and the amount, placed in the container. The amount of each alcoholic beverage shall be reported utilizing the metric system. (4) Each nonalcoholic ingredient placed in the container. (5) The recipe title and directions for the contents of the container. (6) The size of the batch. (7) The identity of the person who prepared the contents of the container. (8) The month, day, and year the contents of the container are destroyed and disposed of or entirely consumed. (9) The time the contents of the container are destroyed and disposed of or entirely consumed. The time shall be reported in the same manner as reported in subparagraph 4.5(5) "b "(4). (10) The method of destruction and disposal or specify the entire contents were consumed. (11) The identity of the person who destroyed and disposed of the contents, if not consumed. b. A licensee may access record keeping forms on the Web site of the division located at www.IowaABD.com, by sending a request by fax to 515- 281 -7375, or by sending a request by mail to Alcoholic Beverages Division, 1918 SE Hulsizer Road, Ankeny, Iowa 50021. c. Records shall be maintained on the licensed premises for a period of three years and open to inspection pursuant to Iowa Code section 123.30(1). 4.5(9) Dispensing machines. a. Machine without alcoholic beverages. Nothing in this rule prohibits a licensee from operating a machine to premix and dispense frozen or iced mixed drinks or cocktails, provided that alcoholic beverages are added to the mixed drink or cocktail after being dispensed from the machine upon receiving an order for the mixed drink or cocktail. The machine shall comply with all applicable state and federal food safety statutes and regulations. b. Machine with alcoholic beverages. A dispensing machine which contains a mixed drink or cocktail with alcoholic beverages is subject to the requirements and restrictions of this rule. 4.500) Food safety compliance. A licensee who mixes, stores, and allows the consumption of mixed drinks or cocktails which are not for immediate consumption shall comply with all applicable state and federal food safety statutes and regulations. 4.501) Federal alcohol compliance. A licensee who mixes, stores, and allows the consumption of mixed drinks or cocktails which are not for immediate consumption shall comply will all applicable federal statutes and regulations. Prohibitions include but are not limited to processing with non - taxpaid alcoholic liquor, aging alcoholic liquor in barrels, heating alcoholic liquor, bottling alcoholic liquor, and refilling alcoholic liquor or wine bottles. 4.5(12) Violations. Failure to comply with the requirements and restrictions of this rule shall subject the licensee to the penalty provisions of Iowa Code section 123.39, including fine, license suspension, and/or license revocation. This rule is intended to implement Iowa Code subsection 123.49(2