Item Coversheet

Council Communication

Department: City Clerk
Case/Project No.:
Submitted by: Richard Wade 
Ordinance 6488
ITEM 6.A.
Council Action: 4/11/2022
Description

Ordinance to amend Chapter 3.08 "Beer and Liquor Control" of the 2020 Municipal Code, Iowa, by amending Section 3.08.045 "Exceptions to CBMC 3.08.040 Paragraph E" pertaining to Special Events.
Background/Discussion

CBMC Section 3.08.040 requires that all liquor licenses premises be enclosed between 4 walls and that was the law when I got here in 1980.  At some point along the way, an exception was established for special events but they were few and far between. One of the first ones I remember was for a beer garden in connection with RAGBRAI and then there was an occasional street dance.

 

It was not until the dog track opened and it was contemplated that there would be drinking in the grandstand, that I drafted the first version of 3.08.045 which codified specific exceptions to the 4 wall requirement.  Stadium-type Activities and Golf Courses were two of the first exceptions, along with those for Special Events.  Open Air Dining was another exception and more recently Open Air Taverns.  We have also loosened thing up in the C-4 zones for events such as those that occur on the 100 Block and in the PC zones for things like bike night and classic car nights at Quaker Steak and Lube.

 

The only portion of this code section being impacted by this amendment is subsection D, Special Events.  I am proposing some additional changes to the Special Event exception.  We have already exempted Special Events in C-4 zones from the 4 wall requirement. This ordinance deals with Special Events in areas other than C-4.   The first thing it would do is eliminate the restriction of one event per year.  There are a number of venues in town that are already holding multiple events, but they are relying on other exceptions such as open air dining or stadium type activities, which really do not fit the true nature of the activity.

 

Currently one of the more difficult standards applicants must comply with is a 500-feet buffer from any residential use.  This restriction is remaining in this ordinance, but this version would allow a variance if the applicant can provide the city a written, signed and notarized consent to authorization executed by either the owner or occupant of the residence.

 

I am also adding a specific requirement that the applicant must identify sufficient off-street parking to accommodate the size of the proposed licensed premises within a reasonable distance of the event.

 

A red-lined version of changes is attached.
Recommendation

The City Legal Department recommends passage of this Ordinance.
ATTACHMENTS:
DescriptionTypeUpload Date
Ordinance-red line versionOther3/17/2022
Ordinance 6488Ordinance3/22/2022