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outdated language and adding language that is consistent with the Iowa Code and the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licensing, outdated language was found in Section 4 -2A -3 Prohibited Sales and Acts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