Alcoholic Beverages
Information for New Beer / Liquor Licensees
LOCAL LAWS:
Sec. 22-161. [Generally.]
No on-premises alcohol beverage license or permit shall be issued for an establishment situated on a lot or parcel which is, at its closest point, within 200 feet of school property. School property shall mean contiguous lots or parcel on which a school building is located and is used or could reasonably be reused for K--12 educational purposes. This distance requirement shall not apply to temporary permits or to areas identified as "C-2" commercial zoning district or "M-1" light manufacturing districts in appendix "A," Zoning of the Ottumwa Municipal Code.
Sec. 25-31. Intoxication in a public place.
It is unlawful for any person to use or consume alcoholic liquors 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 or beer on any public school property or while attending any public or private school-related function, and no person shall be intoxicated nor simulate intoxication in a public place as used in this section. "School" means a school or that portion thereof, which provides teaching for any grade from kindergarten through grade 12.
Sec. 25-31.1. Prohibition of alcohol and minors on premises featuring nude dancing.
(a) It is unlawful for any person to use or consume alcoholic liquor, wine or beer, upon any premises wherein nude dancing is occurring or has occurred or has been advertised to occur within eight hours. No persons under the age of 18 shall be on such premises while such nude dancing is occurring or has occurred or has been advertised to occur within eight hours. It is unlawful for any person to permit the use or consumption of alcoholic liquor, wine or beer, upon any premises under their control, whether theybe owners, managers, or employees of said owners or managers of said premises, wherein nude dancing is occurring or has occurred or has been advertised to occur within eight hours. It is further unlawful for any owner, manager, or employee of any owner or manager to permit persons under the age of 18 years on such premises while nude dancing is occurring or has occurred or has been advertised to occur within eight hours.
(b) For the purpose of this section, nude dancing is any action or entertainment:(1) Wherein there is the display of specified anatomical areas as defined in section 3.31.8 of the Ottumwa Zoning Code (appendix A) of the Ottumwa Municipal Code.(2) Wherein there is the display of moving pictures, films, or pictures, or live entertainment, involving specified sexual activities within the meaning of section 3.31.9 of the Ottumwa Zoning Code (appendix A).
Sec. 25-57. Dancing prohibited.
No public dances in any public place shall be conducted, allowed or permitted, nor shall any person operate or allow any dancing by the public in any public place between the hours of 2:00 a.m. and 6:00 a.m.
Sec. 25-58. Minors prohibited on certain premises.
(a) It shall be unlawful for the holder of a license or permit issued pursuant to the Iowa Alcoholic Beverage Control Act for premises where more than 50 percent of the business conducted is the sale or dispensing of alcoholic beverages for consumption on the premises, and for any person employed with respect to such premises to knowingly permit or fail to take reasonable measures to prevent the entry onto such premises of any and all persons who have not yet attained the age of 21 years. "Business conducted" is defined as the licensee's gross sales from the sale of goods and services, but shall not include cover charges, entertainment fees, or coin-operated amusement machines. It shall be the duty of the licensee and of the person or persons managing such premises to cause to be posted and maintained at all times an easily readable notice in the English language displayed in a prominent place stating that persons less than 21 years of age are prohibited from entering the premises.
A licensee that conducts more than 50 percent of its gross sales in goods and services other than alcoholic beverages, cover charges, entertainment fees, and coin-operated amusement machines shall obtain a letter of exemption from the chief of police prior to allowing persons under 21 years of age on the premises. A letter of exemption shall be obtained by submitting to the chief of police a verified statement from an accountant which establishes that more than 50 percent of the licensee's gross sales are from goods and services other than alcoholic beverages, cover charges, entertainment fees, and coin-operated amusement machines. The letter of exemption shall be effective during the duration of the license or permit, and a current statement from an accountant shall be submitted each time the license or permit is renewed.
(b) It shall be unlawful for any person under the age of 21 years to be on the premises described in subsection (a).(c) However, the provisions of subsections (a) and (b) above shall not apply when:(1) The underage person is an employee of the license holder, or performing a contracted service with respect to said premises and is on the premises during their scheduled work hours.(2) The underage person is accompanied by a parent, legal guardian, or spouse who is of legal age for the purchase of alcoholic beverages.(3) The underage person is on the premises during a time that the licensee has, in accordance with a written notice and plan given to and approved by the chief of police, suspended dispensing alcoholic beverages on the licensed premises or on a clearly delineated part of the licensed premises operating under a differentiating trade name. It shall be the duty of the licensee permitting such underage persons onto the licensed premises pursuant to such a plan, and of all persons employed with respect to said premises, to prevent underage persons from consuming or possessing alcoholic beverages on the premises. Police officers and their designees shall be admitted to the premises at any time to inspect for compliance with all applicable laws. Failure in that duty by the licensee shall be punishable as a violation of this section.(4) The underage person is on the premises as a participant in a special event for a nonprofit organization, or in a banquet or ceremonial dinner for any organization, in accordance with a plan approved in advance by the chief of police. It shall be the duty of a licensee permitting such underage persons onto the licensed premises, and of all persons employed with respect to said premises, to prevent underage persons from consuming or possessing alcoholic beverages on said premises.
(5) The underage person is on the premises during specified posted hours that the licensee does its business primarily in food sales, in accordance with a plan approved in advance by the chief of police. To receive plan approval, a licensee shall be required to demonstrate that there is a clearly definable pattern of hours during which more than 50 percent of the business sales are food. It shall be the strict duty of the licensee, and of all persons employed with respect to said premises, to remove all underage persons from the premises before the start of restricted admission hours each day, and it shall be the duty of the licensee permitting underage persons onto the premises, and of all persons employed with respect to said premises, to prevent underage persons from consuming or possessing alcoholic beverages on said premises. Failure in these duties shall be punishable as a violation of this section.
Sec. 25-62. Persons under legal age.(a) "Legal age" means 21 years of age or more.(b) A person shall not sell, give, or otherwise supply alcoholic liquor, wine, or beer to any person knowing or having reasonable cause to believe that person to be under the legal age to possess such alcoholic liquor, wine, or beer.(c) A person under the legal age to possess alcoholic liquor, wine, or beer shall not possess, purchase, or attempt to purchase such alcoholic liquor, wine, or beer.However, a person under the legal age to do so may possess alcoholic liquor, wine, or beer given to the person within a private home with the knowledge, presence, and consent of the person's parent or guardian, or with the signed, written consent of the parent or guardian specifying the date and place for the consumption and displayed by the person under demand. A person under the legal age to possess alcoholic liquor, wine, or beer may handle such alcoholic liquor, wine, or beer during the course of the person's employment by a liquor control licensee, or wine or beer permittee.