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Anthon City Council — Ordinance No. 228 (Alcoholic Beverage Control)

Anthon City Council
ORDINANCE NO. 228
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ANTHON, IOWA,
BY AMENDING PROVISIONS PERTAINING TO ALCOHOLIC BEVERAGE CONTROL

Be It Enacted by the City Council of the City of Anthon, Iowa:
SECTION 1. SECTION MODIFIED. Section 45.01 of the Code of Ordinances of the City of Anthon, Iowa, is repealed and the following adopted in lieu thereof:

45.01 PERSONS UNDER LEGAL AGE. As used in this section, “legal age” means 21 years of age or more.
1. Social Host. A person who is the owner or lessee of, or who otherwise has control over, property that is not a licensed premises shall not knowingly permit any person, knowing or having reasonable cause to believe the person to be under the age of eighteen, to consume or possess on such property any alcoholic liquor, wine, or beer. The provisions of this subsection do not apply to a landlord or manager of the property or to a person under legal age who consumes or possesses any alcoholic liquor, wine, or beer in connection with a religious observance, ceremony, or rite. (Code of Iowa, Sec. 123.47[1A])

2. A person or persons under legal age shall not purchase or attempt to purchase, consume, or individually or jointly have alcoholic beverages in their possession or control; except in the case of any alcoholic beverage given or dispensed to a person under legal age within at private home and with the knowledge, presence, and consent of the parent or guardian, or beverage or medicinal purposes or as administered to the person by either a physician or dentist for medicinal purposes and except to the extent that a person under legal age may handle alcoholic beverages during the regular course of the person’s employment by a retail alcohol licensee, or wine or beer permittee under State laws.
(Code of Iowa, Sec. 123.47[3])

3. A person under legal age shall not misrepresent the person’s age for the purpose of purchasing or attempting to purchase any alcoholic beverage from any retail alcohol licensee.
(Code of Iowa, Sec. 123.49[3])

SECTION 2. SUBSECTION MODIFIED. Subsection 2 of Section 45.02 of the Code of Ordinances of the City of Anthon, Iowa, is repealed and the following adopted in lieu thereof.
2. A person shall not use or consume alcoholic liquor, wine, or beer upon the public streets or highways. A person shall not use or consume alcoholic liquor in a public place, except premises covered by a retail alcohol license. A person shall not possess or consume alcoholic liquors, wine, or beer on public school property or while attending any public or private school-related function. A person shall not be intoxicated in a public place.

SECTION 3. SECTION MODIFIED. Section 120.03 of the Code of Ordinances of the City of Anthon, Iowa, is repealed and the following adopted in lieu thereof:
120.03 INVESTIGATION. Upon receipt of an application for a retail alcohol license, the Clerk may forward it to the Police Chief, who shall then conduct an investigation and submit a written report as to the truth of the facts averred in the application. The Fire Chief may also inspect the premises to determine if they conform to the requirements of the City. The Council shall not approve an application for a license for any premises that does not conform to the applicable law and ordinances, resolutions, and regulations of the City.
(Code of Iowa, Sec. 123.30)

SECTION 4. SECTION MODIFIED. Section 120.04 of the Code of Ordinances of the City of Anthon, Iowa, is repealed and the following adopted in lieu thereof:
120.04 ACTION BY COUNCIL. The Council shall either approve or disapprove the issuance of a retail alcohol license, shall endorse its approval or disapproval on the application, and shall forward the application with the necessary fee and bond, if required, to the Alcoholic Beverages Division. (Code of Iowa, Sec. 123.32[2])

SECTION 5. SECTION MODIFIED. Section 120.05 of the Code of Ordinances of the City of Anthon, is repealed and the following adopted in lieu thereof:
120.05 PROHIBITED SALES AND ACTS. A person holding a retail alcohol license and the person’s agents or employees shall not do any of the following:
1. Sell, dispense, or give to any intoxicated person, or one simulating intoxication, any alcoholic beverage.
(Code of Iowa, Sec. 123.49[1])
2. Sell or dispense any alcoholic beverage on the premises covered by the license, or permit its consumption thereon between the hours of 2:00 a.m. and 6:00 a.m. on any day of the week.
(Code of Iowa, Sec. 123.49[2b])
3. Sell alcoholic beverages to any person on credit, except with a bona fide credit card. This provision does not apply to sales by a club to its members, to sales by a hotel or motel to bona fide registered guests, or to retail sales by the managing entity of a convention center, civic center, or events center.
(Code of Iowa, Sec. 123.49[2c])
4. Employ a person under 18 years of age in the sale or serving of alcoholic beverages for consumption on the premises where sold.
(Code of Iowa, See. 123.49[2f])
5. In the case of a retail wine or beer permittee, knowingly allow the mixing or adding of alcohol or any alcoholic beverage to wine, beer, or any other beverage in or about the permittee’s place of business.
(Code of Iowa, Sec. 123.49[2z])
6. Knowingly permit any gambling, except in accordance with Iowa law, or knowingly permit any solicitation for immoral purposes, or immoral or disorderly conduct on the premises covered by the license or permit.
(Code of Iowa, Sec. 123.49[2a])
7. Knowingly permit or engage in any criminal activity on the premises covered by the license.
(Code of Iowa, See. 123.49[2j])
8. Keep on premises covered by a retail alcohol 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. However, mixed drinks or cocktails that are mixed on the premises and are not for immediate consumption may be consumed on the licensed premises, subject to rules adopted by the Alcoholic Beverages Division.
(Code of Iowa, Sec. 123.49[2d])
9. 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 that has been reused or adulterated.
(Code of Iowa, Sec. 123.49[2e])
10. Allow any person other than the licensee or employees of the licensee to use or keep on the licensed premises any alcoholic liquor in any bottle or other container that is designed for the transporting of such beverages, except as allowed by State law.
(Code of Iowa, Sec. 123.49[2g])
11. Sell, give, possess, or otherwise supply a machine that is used to vaporize an alcoholic beverage for the purpose of being consumed in a vaporized form.
(Code of Iowa, Sec. 123.49[21])
12. Permit or allow any person under 21 years of age to remain upon licensed premises unless over 50 percent of the dollar volume of the business establishment comes from the sale and serving of prepared foods. This provision does not apply to holders of a class “C” beer permit only.

SECTION 6. SECTION MODIFIED. Section 120.06 of the Code of Ordinances of the City of Anthon, is repealed and the following adopted in lieu thereof:
120.06 AMUSEMENT DEVICES. The following provisions pertain to electrical or mechanical amusement devices possessed and used in accordance with Chapter 99B of the Code of Iowa. (Said devices are allowed only in premises with a retail alcohol license, as specifically authorized in said Chapter 99B.)
(Code of Iowa, Sec. 998.57)
1. As used in this section, “registered electrical or mechanical amusement device” means an electrical or mechanical device required to be registered with the Iowa Department of Inspection and Appeals, as provided in Section 99B.53 of the Code of Iowa.
2. It is unlawful for any person under the age of 21 to participate in the operation of a registered electrical or mechanical amusement device.
3. It is unlawful for any person owning or leasing a registered electrical or mechanical amusement device, or an employee of a person owning or leasing a registered electrical or mechanical amusement device, to knowingly allow a person under the age of 21 to participate in the operation of a registered electrical or mechanical amusement device.
4. It is unlawful for any person to knowingly participate in the operation of a registered electrical or mechanical amusement device with a person under the age of 21.

SECTION 7. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

SECTION 8. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law.

Passed by the Council on the 14th day of November, 2022, and approved this 14th day of November, 2022.
____________________
Lisa M. Petersen, Mayor
ATTEST: _______________
Amy Buck, Deputy City Clerk

First Reading: November l4, 2022
Second Reading: Waived
Third Reading: Waived

I certify that the foregoing was published as Ordinance No. 228 on the 24th day of November, 2022.
________________________
Amy Buck, Deputy City Clerk

Published in The Record
Thursday, November 24, 2022

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