CITY OF ELY

LINN COUNTY, IOWA

 

ORDINANCE #188

REGULATING OUTDOOR ALCOHOL SERVICE AREAS

 

            SECTION 1.  SECTION 3-9-9 ADOPTED.  Section 3-9-9 of the Ely City Code is hereby adopted as follows:

 

3-9-9: OUTDOOR SERVICE AREAS:

1.     Approval Required: Any permittee or licensee under this title or any applicant for a license or permit under this title desiring to operate an outdoor service area adjacent to and in conjunction with a licensed premises must obtain the approval of the city council and of the Iowa Alcoholic Beverages Division or its successor before commencing operation of such outdoor service area.

 

2.     Application For Permission To Operate Outdoor Service Area; Approval Or Disapproval:

 

A.    An application for an outdoor service area shall be made upon the form provided by the state. Such application may accompany the initial application or any renewal application for a license or permit under this title or may be submitted at any time in conjunction with an amended application for a license or permit.

 

B.    An application for the approval of an outdoor service area shall include all information required to be submitted with applications for beer and liquor licenses. The application shall be submitted to the city clerk at least fifteen (15) days prior to the date it is to be considered by the city council. An outdoor service area shall be subject to the same annual renewal requirements as are all beer and liquor licenses.  Approval by the city council of an outdoor service area shall be by application to the Iowa Alcoholic Beverages Division or its successor with regard to the diagram, dramshop insurance coverage and all other state requirements.

 

C.    Upon submitting an application for an outdoor service area, the applicant shall provide the name and address of the owner of each abutting property as well as every other property which is within one hundred feet (100') of applicant's premises. The applicant shall also post on the applicant's premises in an area readily observable to the public a sign provided by the city regarding the applicant's intent to establish or renew an outdoor service area. Such notice must be posted at least ten (10) days prior to the date and time when the application will appear on the agenda for approval by the city council.

 

D.    Approval or disapproval of an application for an outdoor service area shall be at the discretion of the city council. Such discretion shall be exercised with due regard to public health, safety and welfare considerations. In the event that there is a change of ownership, the outdoor service area use shall be permitted to continue, provided the usage is continuous.

 

3.     Regulation Of Outdoor Service Areas: The operation of an outdoor service area shall be subject to the following terms, conditions and regulations:

 

1.     Location Restrictions:

a.      Outdoor service areas must be located on private property and may not encroach on any public right of way.

An outdoor service area shall not be located on any side of a licensed establishment which fronts on a street.

b.     An outdoor service area must be immediately adjacent to the licensed establishment of which it is a part.

 

2.     Screening From Public View: Outdoor service areas are required to provide a permanent decorative fence or other suitable barrier at least three feet (3') in height but no more than seven feet (7') in height, as approved by the City Council, which is detectable by persons who are visually impaired, and is entirely opaque with no visual distance between slats.  Emergency exits shall comply with all building, housing and fire codes.

 

3.     Entrances And Exits: Entrance to the Outdoor service area shall only be allowed from within the licensed premises, exits shall prevent entrance to the outdoor service area from locations other than inside the licensed premises.  Emergency exits shall comply with all building, housing and fire codes. 

 

4.     Hours of Operation.  Outdoor service areas may operate between the hours of 9:30 am and 9:30 pm. Sunday through Thursday, and 9:30 am through 10:30 pm Friday and Saturday.

 

5.     Noise Restrictions: Amplified sound equipment shall be prohibited in outdoor service areas. Compliance with §3-1-2 of the Ely Code of Ordinances, as well as all other ordinances, shall be required.

 

6.     Food to be Available:  Food must be available for service to patrons in an outdoor service area during all hours of the outdoor service area’s operation. Outdoor service areas shall not operate when the licensed premises kitchen is closed.

 

7.     Occupancy Limits: The owner or operator of an outdoor service area shall be required to observe the same per square foot occupancy limits that apply to the building which it abuts. The occupancy limit for each outdoor service area shall be determined by the city building official. In the event inclement weather requires early closing of the outdoor service area, the licensee or permittee shall not allow patrons of the outdoor service area to enter that portion of the licensed premises housed in the adjacent building if to do so would result in exceeding the occupancy limits therefore as determined by the city building official.

 

8.     Advertising And Signs: Additional advertising or identification signage beyond that permitted for the main licensed establishment shall not be permitted.  Advertisements of any form shall not be allowed on the side of the fence, or other screening barrier, that faces away from the permitted premises. 

 

9.     Compliance With City And State Provisions: Outdoor service areas shall comply with appropriate building, housing and fire codes and with all other applicable state and city laws.

 

4.     Temporary Outdoor Service Areas.  An outdoor service area open for no more than 3 consecutive days in any single year shall be considered temporary.  The operation of a temporary outdoor service area shall be subject to the following terms, conditions and regulations

 

1.     Location Restrictions:

a.      Temporary outdoor service areas may not be located upon or encroach on any public right of way that is open for vehicular traffic.

b.     An outdoor service area must be adjacent to the licensed establishment of which it is a part.

 

2.     Entrance and Exit.  Access to temporary outdoor service areas shall be limited in compliance with the regulations of the Iowa Alcoholic Beverages Division or it’s successor.  Emergency exits shall comply with all building, housing and fire codes.

 

3.     Hours of Operation.  Temporary outdoor service areas may operate between the hours of noon and 9:30 pm; unless different hours of operation are specifically authorized by the City Council.

 

4.     Noise Restrictions: Compliance with §3-1-1 of the Ely Code of Ordinances, as well as all other ordinances, shall be required.

 

5.     Advertising And Signs: Additional advertising or identification signage beyond that permitted for the main licensed establishment shall not be permitted.

 

6.     Compliance With City And State Provisions: Outdoor service areas shall comply with appropriate building, housing and fire codes and with all other applicable state and city laws, rules and ordinances.

 

5.     Inspections: Outdoor service areas shall be subject to inspection at least annually at the same time inspection of the adjacent licensed establishment occurs. The city may, in its discretion, inspect an outdoor service area at any other time.

 

6.     Suspension Or Revocation Of Permission To Operate An Outdoor Service Area:

 

1.     The city council may, after written notice to the licensee or permittee and after hearing before the City Council, suspend or revoke authorization for the operation of an outdoor service area for any establishment when the licensee or permittee has violated or has permitted or allowed the violation of any provision of the code of Iowa, as amended, the terms and conditions of the permit, or this code pertaining to the operation of an outdoor service area or when the continued operation of the outdoor service area constitutes a threat to public health, welfare or safety or constitutes a "nuisance" as defined in Title III, chapter 2 of this code.

 

2.     The suspension/revocation procedure shall be initiated by the police chief or City Clerk/Administrator by the filing of an administrative complaint with the city council. Written notice of hearing, as well as a copy of said complaint, shall be served upon the licensee or permittee at least ten (10) calendar days prior to the date set for hearing. In the event of suspension or revocation, the city shall notify the department.

 

3.     Notwithstanding the provisions of subsections 6.1 and 6.2 of this section, the city council may order the immediate closure of an outdoor service area if it is determined that its continued operation presents a clear and imminent threat to public health, safety or welfare.

 

4.     Suspension or revocation of authorization by the city for operation of an outdoor service area shall not affect the licensing of the principal establishment unless separate action to suspend or revoke that license/permit is also initiated.

 

SECTION 2. REPEALER CLAUSE.  Any ordinance, provision or part thereof, which differs or is inconsistent with this ordinance is hereby repealed, to the extent of said difference or inconsistency.

 

SECTION 3.  SEVERABILITY.  If any section, provision or part of this Ordinance shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, 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 4.  EFFECTIVE DATE.  This ordinance shall be in effect from and after it’s final passage, approval, posting and publication as required by law. 

 

Introduced this 12th day of June, 2006, and adopted by the City Council of the City of Ely, Iowa this 12th day of June, 2006.

 

 

 

                                                                                                                                                                                                                                    Dale Stanek, Mayor

Attest:

 

 

                                                                       

Aaron Anderson, Clerk/Administrator

 

 

 

 

 

 

 

I certify the foregoing was posted and published as Ordinance #188 on the                day of                         , 2006, as required by law.

 

                                               

Aaron Anderson, Clerk/Administrator