The purpose of this chapter is to provide administration of licenses and permits and for local regulations and procedures for the conduct of the sale and consumption of beer, wine and liquor for protection of the safety, health and general welfare of this community. (Ord. 877 § 1 (part), 1989)

Where words and phrases used in this chapter are defined by state law, such definitions shall apply to their use in this chapter and are adopted by reference. Those definitions so adopted that need further definition or are reiterated and other words and phrases used here shall have the following meanings:
A. The term "person of good moral character" means any person who meets all of the following requirements:
1. He or she has such financial standing and good reputation as will satisfy the city council and the Administrator of the Alcoholic Beverages Division that he or she will comply with the Iowa Alcoholic Beverage Control Act and all other laws, ordinances and regulations applicable to his or her operations under state law.
2. He or she does not possess a federal gambling stamp.
3. He or she is not prohibited by the provisions of Section 5.08.230 of this chapter from obtaining a liquor license, wine or beer permit.
4. He or she is a citizen of the United States and a resident of Iowa or licensed to do business in Iowa in the case of a corporation. Notwithstanding subsection F of this section, in the case of a partnership, only one partner need be a resident of this state.
5. He or she has not been convicted of a felony. However, if his or her conviction of a felony occurred more than five years before the application for a license or permit, and if his or her rights of citizenship have been restored by the governor, the Administrator of the Alcoholic Beverages Division may determine that he or she is a person of good moral character notwithstanding such conviction.
6. If such a person is a corporation, partnership, association, club or hotel or motel, the requirements of this subsection shall apply to each of the officers, directors and partners of such person and to any person who directly or indirectly owns or controls ten percent or more of any class of stock of such person or who has an interest of ten percent or more in the ownership or profits of such person.
B. The term "club" means any nonprofit corporation or association of individuals which is the owner, lessee or occupant of a permanent building or part thereof, membership in which entails the prepayment of regular dues and is not operated for a profit other than such profits as would accrue to the entire membership.
C. The term "commercial establishment" means a place of business which is at all times equipped with sufficient tables and seats to accommodate twenty-five person at one time and the licensed premises of which conform to the ordinances of this city.
D. The term "grocery store" means any retail establishment, the business of which consists of the sale of food products or beverages for consumption off the premises. The term "food products or beverages" does not include alcoholic liquor, wine or beer.
E. The term "pharmacy" means a drug store in which drugs and medicines are exposed for sale and sold at retail or in which prescriptions of licensed physicians and surgeons, dentists or veterinarians are compounded and sold by a registered pharmacist.
F. The term "hotel" or "motel" means a premises licensed by the State Department of Inspections and regularly or seasonally kept open in a bona fide manner for the lodging of transient guests and with twenty or more sleeping rooms.
G. The term "legal age" is a defined term pursuant to Sections 123.47 and 123.47A of the code of Iowa. (Ord. 877 § 1 (part), 1989)

Upon meeting the requirements imposed by state law and this chapter, a person who is of good moral character as defined by state law and this chapter may apply for a liquor control license, a wine permit or a beer permit. In the case of a club, corporation or partnership, the officers of the club or corporation and the partners of a partnership shall be persons of good moral character as defined by state law and this chapter. (Ord. 877 § 1 (part), 1989)

An applicant for a liquor control license, wine permit or beer permit, as a further condition for approval by the city council, must give consent in writing on the application that members of the fire, police and health departments and the building inspector may enter upon the premises without warrant to inspect for violations of the provisions of state law and of this chapter.
A. No liquor control license, wine permit or beer permit shall be approved for premises which do not conform to all applicable laws, ordinances, resolutions and health and fire regulations.
B. No licensees shall have or maintain any interior access to residential or sleeping quarters unless permission is granted by the Administrator of the Alcoholic Beverages Division in the form of a living quarters permit.
C. The premises of a class B beer permit and classes of liquor licenses or wine permits where consumption on the premises is allowed shall, at the time of the application, and continue to be equipped with sufficient tables and seats to accommodate twenty-five persons at one time. (Ord. 877 § 1 (part), 1989)

Beer permits shall be classed as follows:
A. Class B. A class B beer permit shall allow the holder to sell beer at retail for consumption on or off the premises.
B. Class C. A class C beer permit allows the holder to sell beer at retail for consumption off the premises only. Such sales shall be in original containers only. No class C permit shall be issued to any person except the owner or proprietor of a grocery store or pharmacy.
C. Class D. A class D beer permit allows the holder to sell beer for consumption on and off the premises and wine in original containers only for consumption off the premises. The holder may purchase wine from a class A wine permittee or a class F beer permittee and may purchase beer from a class A beer permittee or a class F beer permittee.
D. Class E. A class E beer permit allows the holder to sell beer and wine in original containers only for consumption off the premises. The holder may purchase wine from a class A wine permittee or a class F beer permittee and may purchase beer from a class A beer permittee or a class F beer permittee. (Ord. 877 § 1 (part), 1989)

Liquor control licenses shall be classed as follows:
A. Class A. A class A liquor control license issued to a club authorizes the holder to purchase alcoholic liquors from class E liquor control licensees only, wine from class A wine permittees only and native wines from native wine manufacturers and to sell liquors, wine and beer to bona fide members and their guests by the individual drink for consumption on the premises only.
B. Class B. A class B liquor control license issued to a hotel or motel authorizes the holder to purchase alcoholic liquors from class E liquor control licensees only, wine from class A wine permittees only and native wines from native wine manufacturers and to sell liquors, wine and beer to patrons by the individual drink for consumption on the premises only. However, beer may also be sold for consumption off the premises. Each such license shall be effective throughout the premises described in the application.
C. Class C. A class C liquor control license issued to a commercial establishment must be issued in the name of the individual or individuals who actually own the entire business and authorizes the holder to purchase alcoholic liquors from class E liquor control licensees only, wine from class A wine permittees only and native wines from native wine manufacturers and to sell liquors, wine and beer to patrons by the individual drink for consumption on the premises only. However, beer may also be sold for consumption off the premises.
D. Special Class C. A special class C liquor control license authorizes the holder to purchase wine from class A wine permittees only and to sell wine and beer to patrons by the individual drink for consumption on the premises only. However, beer may be sold in original containers for consumption off the premises.
E. Class E. A class E liquor control license authorizes the holder to purchase alcoholic liquor from the Alcoholic Beverages Division of the Department of Commerce only and to sell the alcoholic liquor to patrons for consumption off the licensed premises and to other liquor control licensees. The holder of a class E liquor control license may also hold a class B wine or class C beer permit if the class E liquor control licensee is a grocer or pharmacist, or both, for the premises licensed under a class E liquor license. Any other class of license or permit may not be held for premises licensed under a class E liquor control license. Gasoline may not be sold at any premises licensed under a class E liquor control license. By department rule, gasoline is deemed to be sold where the payment is made.
F. Class F. A class F liquor control license allow the holder to make purchases and sales allowed to class C liquor control licensees; however, wine may also be sold in original containers for consumption off the premises.
G. Class G. A class G liquor control license allows the holder to make purchases and sales allowed to special class C liquor control licensees; however, wine may also be sold in original containers for consumption off the premises.
H. Class H. A class H liquor control license allows the holder to make purchases and sales allowed to class B liquor control licensees; however, wine may also be sold in original containers for consumption off the premises. (Ord. 877 1(part), 1989)

A class B wine permit authorizes the holder to purchase wine from a person holding a class A wine permit and sell wine in original containers only at retail to consumers for consumption off the premises. (Ord. 877 § 1 (part), 1989)

A verified application for the original issuance or the renewal of a liquor control license, wine permit or a beer permit shall be filed at such time, in such number of copies and in such form as the State Administrator of the Alcoholic Beverages Division shall prescribe on forms prescribed by him or her. The application shall be accompanied by the required fee and bond and be filed with the city council for approval or disapproval. The bond to be submitted shall be in a form prescribed by the State Administrator and in the amount set by statute or administrative rules. (Ord. 877 § 1 (part), 1989)

Fees shall be submitted with the respective application as set by statutes or administrative rules. (Ord. 877 § 1 (part), 1989)

It is unlawful for any person or persons to be either directly or indirectly interested in both retail and wholesale permits or licenses except as specifically allowed by state law. (Ord. 877 § 1 (part), 1989)

Every person holding a class B beer or class C beer permit or class B wine permit having more than one place of business where beer or wine is sold is required to have a separate license for each separate place of business, except as otherwise provided by state law. (Ord. 877 § 1 (part), 1989)

Upon receipt of an original application for a liquor license, wine permit or beer permit by the city council, it shall be forwarded to the chief of police, who shall conduct an investigation and shall submit a written report on the moral fitness of the applicant and as to the truth of the facts declared in the application and a recommendation to the city council as to the approval of the license or permit. It shall be the duty of the fire chief to inspect the premises to determine if it conforms to the requirements of the city, and no license or permit shall be approved until or unless an approving report has been filed with the city council by such officer. (Ord. 877 § 1 (part), 1989)

Upon receipt of an application for the renewal of a liquor license, wine permit or beer permit, it shall be forwarded to the chief of police only, who shall conduct an investigation and shall submit a written report on the applicant as to the truth of the facts declared in the application and a recommendation to the city council as to the approval of the license or permit. (Ord. 877 § 1 (part), 1989)

Every liquor control licensee and class B beer permittee shall furnish proof of financial responsibility by the existence of a liability insurance policy in such amount as determined by the state Alcoholic Beverages Division. This applies to any licensee or permittee who sells liquor, wine or beer for consumption on the premises and to class E liquor control licensees. (Ord. 877 § 1 (part), 1989)

A license is a purely personal privilege and may be suspended or revoked for cause. It shall not constitute property nor be subject to attachment and execution not be transferable by gift, sale or bequest, nor assignable, and in any case it shall cease upon
the death of the permittee or licensee. However, the Administrator of the Alcoholic Beverages Division may in his or her discretion allow the executor or administrator of a permittee or licensee to operate the business of the decedent for a reasonable time not to exceed the expiration date of the permit or license. Every permit or license shall be issued in the name of the true owner, and no person holding the permit or license shall allow any other person to use it. (Ord. 877 § 1 (part), 1989)

The city council shall approve or disapprove the application. Action taken by the city council shall be endorsed on the application. The liability insurance (if applicable) shall be forwarded to the Iowa Alcoholic Beverages Division for further action as provided by law. (Ord. 877 § 1 (part), 1989)

A. Liquor control licenses, wine permits and beer permits, unless sooner suspended or revoked, expire one year from date of issuance. The State Administrator will give sixty days written notice of the expiration to each licensee or permittee.
B. The Administrator of Alcoholic Beverages may issue six-month or eight-month seasonal liquor control licenses, class B wine permits or class B beer permits for a proportionate part of the annual license or permit fee. No seasonal license or permit shall be renewed at its expiration except after a period of two months.
C. The Administrator may issue fourteen-day class A, class B and class C liquor control licenses, fourteen-day class B wine permits and fourteen-day class B beer permits. A fourteen-day license or permit, if granted, is valid for fourteen consecutive days, but the holder shall not sell on the two Sundays in the fourteen-day period unless the holder qualifies for and obtains the privilege to sell on Sundays in
accordance with state law. The fee for a fourteen-day liquor license, wine permit or beer permit is one-quarter of the annual fee for that class of liquor license, wine or beer permit. The fee for the privilege to sell on the two Sundays in the fourteen days period is twenty percent of the price of the fourteen-day liquor license, wine permit or beer permit.
D. No refund shall be made for seasonal licenses or permits or for fourteen-day liquor licenses, wine permits or beer permits. (Ord. 877 § 1 (part), 1989)

Any licensee or permittee, or his or her executor, administrator or any person duly appointed by the court to take charge of and administer the property or assets of the licensee or permittee for the benefit of his or her creditors may voluntarily surrender the license or permit to the state Alcoholic Beverages Division and shall notify the city, and the division and the city, or the city by itself in the case of a retail beer permit, shall refund to the person so surrendering the license or permit a proportionate amount of the fee paid for such license or permit as follows: If surrendered during the first three months of the period for which said license or permit was issued, the refund shall be three-fourths of the amount of the fee; if surrendered more than three months but not more than six months after issuance, the refund shall be one-half of the amount of the fee; if surrendered more than six months but not more than nine months after issuance the refund shall be one-fourth of the amount of the fee. No refund shall be made, however, for a liquor control license or beer permit surrendered more than nine months after issuance. No refund shall be made to any licensee or permittee upon the surrender of the license or permit if there is at the time of the surrender a complaint filed with the State Division or the city charging the licensee or permittee with a violation of the chapter or provisions of the Iowa Alcoholic Beverage Control Act. If upon hearing on the complaint the license or permit is not revoked or suspended, then the licensee or permittee shall be eligible upon surrender of the license or permit to receive a refund. But if the license or permit has been revoked or suspended upon hearing, the person shall not be eligible for the refund of any portion of the license or permit fee. No refund shall be made for seasonal or fourteen-day licenses or permits. (Ord. 877 § 1 (part), 1989)

The council will, in its discretion, authorize a licensee or permittee to transfer license or permit from one location to another within the city, provided that the premises to which the transfer is to be made would have been eligible for a license or permit in the first instance and the transfer will not result in the violation of any law or ordinance. An applicant for a transfer shall file with the application for transfer proof of dram shop liability insurance and penal bond covering the premises to which the license is to be transferred. (Ord. 877 § 1 (part), 1989)

No person or club holding a liquor license, wine or beer permit nor their agents or employees shall do any of the following:
A. Sell, dispense or give to any intoxicated person, or one simulating intoxication, any alcoholic liquor, wine or beer;
B. Sell or dispense any alcoholic liquor, wine or beer on the premises covered by the license or permit or permit the consumption on the premises covered between the hours of two a.m. and six a.m. on any weekday and between the hours of two a.m. on Sunday and six a.m. on the following Monday, except as allowed by a permit for Sunday sales and on New Year’s Eve. The holder of a Sunday sales privilege may sell alcoholic liquor, wine or beer for on premises or off premises consumption between the hours of ten a.m. and midnight on Sundays;
C. Sell alcoholic liquor, wine or beer to any person on credit, except with bona fide credit card. This provision shall not apply to sales by a club to its members nor to sales by a hotel or motel to bona fide registered guests;
D. Employ any person under the age of eighteen years old in the sale or serving of alcoholic liquor, wine or beer for consumption on the premises where sold;
E. Sell, give or otherwise supply any alcoholic liquor, wine or beer to any person under legal age or permit any person under legal age to consume any alcoholic beverage, wine or beer;
F. In the case of a retail beer or wine permittee, knowingly allow the mixing or adding of alcohol or any alcoholic beverage to beer, wine or any other beverage in or about the licensee’s or permittee’s place of business;
G. Knowingly permit any gambling, gaming, solicitations for immoral purposes or immoral or disorderly conduct on the premises covered by the license or permit, except games of chance permitted by state law. (Ord. 924 § 1 (part), 1992; Ord. 877 § 1 (part), 1989)

No signs or other matter advertising any brand of alcoholic liquor, beer or wine shall be erected or placed upon the outside of any premises occupied by a license or permittee authorized to sell alcoholic liquor, beer or wine at retail. All signs formerly erected shall be removed by the owner of the premises. (Ord. 877 § 1 (part), 1989)

Following written notice and hearing, a liquor license, wine permit or beer permit may be suspended for a period up to one year for violations of this chapter or revoked for any of the following causes:
A. Misrepresentation of any material fact in the application for the license or permit;
B. Violation of any of the provisions of the Iowa Alcoholic Beverages Control Act;
C. Any change in the ownership or interest in the business operated under a class A, class B or class C liquor control license or any beer or wine or combined permit which change was not previously reported to and approved by the city and the State Alcoholic Beverages Division;
D. An event which would have resulted in a disqualification from receiving the license or permit when originally issued;
E. Any sale, hypothecation or transfer of the license or permit;
F. The failure or refusal on the part of a licensee or permittee to render any report or remit any taxes to the State Alcoholic Beverages Division under the State Act. (Ord. 877 § 1 (part), 1989)

Any liquor control licensee or wine or beer permittee whose license or permit is revoked under the Iowa Alcoholic Beverage Control Act shall not be permitted to hold a liquor control license, wine or beer permit in the state of Iowa for a period of two years from the date of revocation. The spouse and business associates holding ten percent or more of the capital stock or ownership interest in the business of a person whose license or permit has been revoked shall not be issued a liquor control license or beer permit, and no liquor control license or wine or beer permit shall be issued which covers any business in which the person has a financial interest for a period of two years from the date of such revocation. In the event a license or permit is revoked, the premises which have been covered by such license or permit shall not be relicensed for one year. (Ord. 877 § 1 (part), 1989)

Code of Iowa, subsections 123.32(4) and (5) are adopted by reference. (Ord. 877 § 1 (part), 1989)

It is unlawful for any person to use or consume alcoholic liquors, wine or beer upon the public streets or highways or alcoholic liquors in any public place, except premises covered by a liquor control license or to possess or consume alcoholic liquors, wine or beer on any public school property or while attending any public or private school related functions, and no person shall be intoxicated nor simulate intoxication in a public place. As used in this section "school" means a school or that thereof which provides teaching for any grade from kindergarten through grade twelve. Any person violating any provisions of this section shall be fined not to exceed one hundred dollars or sentenced not to exceed thirty days imprisonment. (Ord. 877 § 1 (part), 1989)

Code of Iowa, Section 123.28, second paragraph, is adopted by reference. (Ord. 877 § 1 (part), 1989)

No person shall sell, give or otherwise supply alcoholic liquor, wine or beer to any person knowing or having reasonable cause to believe him or her to be under legal age, and no person or persons under legal age shall individually or jointly have alcoholic liquor, wine or beer in his or her or their possession or control; except in the case of liquor, wine or beer given or dispensed to a person under legal age within a private home and with the knowledge and consent of the parent or guardian for beverage or medicinal purposes or as administered to him or her by either a physician or dentist for medicinal purposes and except to the extent that persons under the legal age may handle alcoholic beverages and beer during the regular course of his or her employment by a liquor control licensee, wine or beer permittee under state laws. (Ord. 877 § 1 (part), 1989)

A. Any person who violates any of the provisions of this chapter shall be subject to a fine of not to exceed one hundred dollars or to imprisonment for not more than thirty days.
B. The conviction of a liquor control licensee or of a wine or beer permittee for a violation of any of the provisions of subsections A to G, inclusive, of Section 5.08.200 of this chapter shall, subject to subsection C of this section, be grounds for the suspension or revocation of the license or permit by the Division or the city. However, if any liquor control licensee is convicted of any violation of Subsection (2), Paragraphs "a," "d" or "e" of Iowa Code Section 123.49 or any beer permittee is convicted of a violation Subsection (2), Paragraph "a" of said Section of the Iowa Code, the beer or wine permit or liquor license shall be revoked and shall immediately be surrendered by the holder, and the bond of the licensee or permit holder shall be forfeited to the State Alcoholic Beverages Division.
C. If any liquor licensee or beer or wine permittee or employee of such licensee or permittee is convicted of a violation of Section 5.08.200, subsection E of this chapter, or if a retail beer or wine permittee is convicted of a violation of subsection F of said 5.08.200, the city shall, in addition to the other penalties fixed for such violations by this section, assess a penalty as follows:
1. Upon the first conviction, the violator’s liquor license or beer or wine permit shall be suspended for a period of fourteen days. However, if the conviction is for a violation of Section 123.49, Subsection (2), Paragraph H, or subsection E of Section 5.08.200, which occurred on or after January 1, 1988, the violator’s liquor control license or wine or beer permit shall not be suspended, but the violator shall be assessed a civil penalty in the amount of three hundred dollars. Failure to pay the civil penalty as provided under the sections specified herein will result in automatic suspension of the license or permit for a period of fourteen days.
2. Upon a second conviction within a period of two years, the violator’s liquor control license or beer or wine permit shall be suspended for a period of thirty days.
3. Upon a third conviction within a period of five years, the violator’s liquor control license or beer or wine permit shall be suspended for a period of sixty days.
4. Upon a fourth conviction within a period of five years, the violator’s liquor control license or beer or wine permit shall be revoked. (Ord. 877 § 1 (part), 1989)

The council shall conduct its hearing on suspension or revocation in the following manner:
A. The licensee or permit holder shall be served with written notice containing a copy of the complaint against the licensee or permittee, the chapter, provision(s) or state statute(s) allegedly violated and the date, time and place for a hearing on the matter.
B. The council shall conduct a hearing at which both the licensee or permit holder and the complainant(s) shall be present, the purpose of which is to determine the truth of the facts alleged in the complaint. Should the licensee or permit holder or their authorized representative fail to appear without good cause, the council may proceed to a determination on the merits of the complaint.
C. The licensee or permit holder shall have the right to be represented by counsel, to testify and present witnesses in his or her own behalf and to cross-examine adverse witnesses.
D. The council shall admit only reliable and substantial evidence into the revocation or suspension proceeding and shall give all admitted evidence its natural probative value.
E. In the event that criminal charges have been brought against the licensee or permit holder on the same facts and circumstances as are the basis for the revocation or suspension complaint, the council shall await a judgment in the criminal action before conducting the revocation or temporary suspension hearing required by this section. Neither a conviction nor an acquittal in the criminal action shall be conclusive for purposes of the revocation or suspension proceeding held under this section.
F. The council shall make the record findings of fact and conclusions of law and shall revoke or suspend a license or permit under this section only when, upon review of the entire record, it finds evidence of a substantial violation of this chapter or state law. (Ord. 877 § 1 (part), 1989)

A holder or applicant for a liquor control license or class B beer permit may apply for a Sunday sales permit as provided in Section 123.36(6) or Section 123.134 of the code.
A. To satisfy the fifty percent requirements, the holder or applicant must satisfy one of the following conditions:
1. For a holder of a liquor control license or class B beer permit, provide a ninety-day statement of gross receipts showing fifty percent or more from goods or services other than beer and liquor;
2. For an initial application of a liquor control license or class B beer permit, the city may conditionally approve the application provided that the licensee/permittee, within the fifteen-day period after the first ninety days of operation, submits to the city a statement of gross receipts, as set out hereinafter, showing fifty percent or more from goods and services other than beer and liquor;
3. For holders of liquor control licenses or class B beer permits who have less than ninety days of operation, the city may conditionally approve the application as provided in subparagraph 2 of this subsection.
B. To satisfy this requirement the licensee/permittee or applicant will submit with his original application a verified statement specifying the amounts and sources of gross receipts of the applicant or licensee/permittee’s business for the applicable ninety-day period.
C. On all applications for Sunday sales permits and renewal Sunday sales permits, the city reserves the right to require a verified statement from a certified public accountant as to the gross receipts as set out hereinabove at the city council’s discretion.
D. The rules and regulations as specified by the Iowa Administrative Code as promulgated by the Beer and Liquor Commission shall control the determination as to qualifying receipts from goods and services. (Ord. 877 § 1 (part), 1989)

The following regulations shall apply to those outdoor service areas located on private property adjacent to any business licensed under Chapter 123 of the code of Iowa and as defined in Chapter 123.3(31) and as licensed under Chapter 5.08 of this code of the city. An "outdoor service area" means and includes any such area where beer or liquor is sold and served, carried or consumed by the public. It shall be considered as part of the licensed premises, and the same federal, state and local laws which apply to the licensed premises shall also apply to the outdoor service area. Any establishment operating an outdoor service area as defined above shall be subject to the following:
A. Outdoor service areas must be located on private property and may not encroach on any public right-of-way. Such area must be immediately adjacent to the licensed establishment of which it is a part.
B. Outdoor service areas shall not be located in the front yard of any licensed premises.
C. Outdoor service areas shall be screened on all sides from public view. Screening shall consist of a fence, shrubbery or other suitable barrier of not less than five feet in height nor more than eight feet in height. It shall be of solid construction which will effectively prevent normal access and/or egress from the premises except by way of an emergency fire exit only. Such fire exit shall be required of all outdoor service areas.
D. Outdoor service areas shall be accessible only as follows:
1. From the licensed premises which it adjoins;
2. From outdoor exits in the event that said exits are manned by the employees of the licensed premises at all times to control entry and exit;
3. A required fire exit which shall be for emergency use only.
E. Outdoor service areas shall be permitted only in those zoning districts which permit other than residential uses and shall not be permitted to exit within one hundred feet of any lot zoned for residential use.
F. Outdoor service areas shall comply with appropriate building, housing, fire and zoning codes and all other applicable state and city laws.
G. Applications for the approval of outdoor service areas shall include all required information and shall be submitted with applications for beer and liquor licenses and in the same manner and method as applying for beer and liquor licenses as specified in state and city codes. Outdoor service areas shall be subject to the same annual renewal requirements as are all beer and liquor licenses. Such approval shall be subject to the applicant also meeting all requirements of the Iowa Beer and Liquor Control Department with regard to diagram, dram shop coverage and all other state requirements. Approval by the city council of an outdoor service area shall be by letter to the Iowa Beer and Liquor Control Department, and such approval shall be separate and distinct from approval of the beer or liquor license.
H. The city may, after notice to the license or permit holder and a reasonable opportunity for hearing, revoke any authorization for the operation of an outdoor service area for any establishment for excessive noise or other problems, as determined by the city, which result directly from the operation of the outdoor service area. The revocation procedure shall be initiated by the city attorney filing an administrative hearing complaint with the city council. (Ord. 877 § 1 (part), 1989)

A. It shall be unlawful for the holder of a license or permit issued pursuant to the Iowa Alcoholic Beverage Control Act and for every person employed with respect to said premises to permit or fail to take reasonable measures to prevent the entry onto such premises of all persons who have not yet attained the age of nineteen years. However, the provisions of subsection A of this section shall not apply when:
1. The underage person is accompanied by said person’s parent, legal guardian or spouse;
2. Where more than fifty percent of the business conducted on the premises of the licensee or permittee is from revenues other than the sale of liquor and alcoholic beverages;
3. Violation of this section shall constitute a misdemeanor. (Ord. 924 § 1 (part), 1992)