Chapter 9-Beer and Liquor Licenses


3-9-1 PURPOSE. The purpose of this chapter is to provide for 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 the protection of the safety, health, and general welfare of this community.
(Code of Iowa, Sec. 364.1)

3-9-2 REQUIRED OBEDIENCE TO PROVISIONS OF THIS CHAPTER AND STATE LAW. The following sections of the Iowa Code are hereby adopted by reference:

1. 123.2 and 123.3 General Prohibition and Definitions

2. 123.18 Favors From Licensee or Permittee

3. 123.22 State Monopoly

4. 123.28 Open Alcoholic Beverage Containers

5. 123.30 Liquor Control Licenses – Classes

6. 123.31 Application Contents

7. 123.33 Records

8. 123.34 Expiration – License or Permit

9. 123.35 Simplified Renewal Procedure

10. 123.36 Liquor Fees – Sunday Sales

11. 123.38 Nature of Permit or License – Surrender – Transfer

12. 123.39 Suspension or Revocation of License or Permit – Civil Penalty

13. 123.40 Effect of Revocation

14. 123.44 Gifts of Liquors Prohibited

15. 123.46 Consumption in Public Places – Intoxication – Right to Chemical Test –

16. 123.47 Persons Under Legal Age – Penalty

17. 123.49 Miscellaneous Prohibitions

18. 123.50 Criminal and Civil Penalties

19. 123.51 Advertisements for Alcoholic Liquor, Wine or Beer

20. 123.52 Prohibited Sale

21. 123.90 Penalties Generally

22. 123.95 Premises Must Be Licensed – Exception as to Conventions and Social

23. 123.122 through 123.145 Beer Provisions (Division II)

24. 123.150 Sunday Sales Before New Year’s Day

25. 123.171 through 123.182 Wine Provisions (Division V)

26. 321.284 Open Containers in Motor Vehicles – Drivers

27. 321.284A Open Containers in Motor Vehicles – Passengers

3-9-3 ACTION BY COUNCIL. The City Council shall approve or disapprove the application. Action taken by the City Council shall be endorsed on the application. The application, fee, penal bond, and certificate of dram shop liability insurance (if applicable) shall be forwarded to the Iowa Alcoholic Beverages Division for further action as provided by law.
(Code of Iowa, Sec. 123.32(2))

3-9-4 TRANSFERS. The City Council may, in its discretion, authorize a licensee or permittee to transfer the 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. 991, Passed April 19, 2004)
(Code of Iowa, Sec. 123.38)

3-9-5 OPEN CONTAINERS. The provisions of this Code shall not apply to open containersof bottled and canned beer and wine coolers upon a premises covered by a Liquor Control License or a rental agreement for the following designated locations:

a.) First Ward Park Pavilion
b.) Fifth Ward Park North and South Pavilions
c.) Two Horseshoe Pond Park Pavilions
d.) Horseshoe Pond Park camper pads, but not including tent camping areas
(Ord. 1113, 06-17-13)