Title 5 BUSINESS LICENSING AND REGULATION

 

Ordinance No. 2012-332, adopted August 22, 2012 amended Title V entitled "Business Licenses and Regulations" by deleting former Title V and enacting a new Title V in its place.

 

                        Chapters:

                           5.01        General Business Licensing Provisions

                           5.02        Signs or Canopies

                           5.03        Auctions and Auctioneers

                           5.04        Reserved

                           5.05        Closing Out Sales

                           5.06        Police and Fire Alarm Systems

                           5.07        Gasoline Stations and Repair Garages

                           5.08        Motorcycle Sales and Dealers

                           5.09        Motor Vehicle Sales and Dealers

                           5.10        Alcoholic Beverage Control

                           5.11        Bottle Clubs

                           5.12        Public Amusements

                           5.13        Public Dancehalls

                           5.14        Live Entertainment

                           5.15        Cigarette, Tobacco, Alternative Nicotine or Vapor Products

                           5.16        Adult Entertainment

                           5.17        Retail Sales and Transient Merchants

                           5.18        Mobile Ice Cream Vendors

                           5.19        Mobile Food Units

                           5.20        Nonconsensual Tow Regulations

                           5.21        Vehicles for Hire

                           5.22        Pawnbrokers, Second-Hand Dealers and Junk Dealers

                           5.23        Metal Recyclers and Salvage Operators

 

 

 

Chapter 5.01  GENERAL BUSINESS LICENSING PROVISIONS

 

(Prior ordinance history: prior code §§ 2-31-2-34, 2-37-2-40 and Ordinance Nos. 79-1203, 82-158, 2003-618 and 2004-596)

 

Sections:

    5.01.010       Construction and interpretation.

    5.01.020       Definitions.

    5.01.030       License required—Violation— Penalty.

    5.01.040       Closure order.

    5.01.050       Terms and renewals and fee payment due.

    5.01.060       License fees.

    5.01.070       License application.

    5.01.080       License investigation or inspection.

    5.01.090       License issuance or denial.

    5.01.100       License suspension or revocation or recission.

    5.01.110       Hearing procedures.

    5.01.120       Indebtedness—License ineligibility.

    5.01.130       Change of business location.

    5.01.140       Change of officers.

    5.01.150       Change of business name.

    5.01.160       Non-transferable.

    5.01.170       License display—Duplicate.

    5.01.180       Alteration prohibited.

    5.01.190       Enforcement.

    5.01.200       Interference unlawful.

    5.01.210       State laws incorporated.

    5.01.220       Penalties.

 

 

 

5.01.010          Construction and interpretation.

    The general provisions contained in this chapter apply to all businesses or occupations regulated by the city of Davenport.  If a provision of this chapter conflicts with a more specific provision established in any other chapter in Title 5, they shall be construed, if possible, so that effect is given to both; if the conflict is irreconcilable, the more specific provision prevails as an exception to the general provision in Chapter 5.01. (Ord. 2012-332 (part)).

 

5.01.020          Definitions.

    In the construction and interpretation of this title the following meanings shall be observed unless it is apparent from such construction and interpretation that the meaning ascribed herein is inconsistent with or conflicts with the manifest intent of the city council or the context of the ordinance. 

    A.    "Business" includes any activity engaged in by any person or caused to be engaged in by the person with the object of gain, benefit, or advantage, either direct or indirect. 

    B.    "City administrator" means the city administrator or his or her designee. 

    C.    "Finance director" means the director of the finance department or his or her designee. 

    D.    "Goods, wares or merchandise" means the same as tangible personal property.

    E.     "Person" means individual, corporation, limited liability company, business trust, estate, trust, partnership or business association or any other legal entity. 

    F.     "Sale or sales" means any transfer, exchange or barter, conditional or otherwise, in any manner or by any means, for consideration.   

    G.    "Tangible personal property" means personal property that can be seen, weighed, measured, felt or touched, or that is in any other manner perceptible to the senses. (Ord. 2012-332 (part)).

 

5.01.030          License required—Violation—Penalty.

    It shall be unlawful for any person to conduct, engage in, maintain, operate, carry on or manage a business or occupation for which a license is required by any provision of this code without a license first having been procured for such business or occupation.  A separate business license shall be required for each separate place of business.  Any person convicted of violating this section shall be assessed a civil penalty of not less than two hundred dollars. (Ord. 2012-332 (part)).

 

5.01.040          Closure order.

    Any business or occupation for which a license is required by this code and for which no license for the period in question has been issued, may be immediately ordered closed until such license has been procured.  The failure to make any required payment or to renew a license shall also constitute grounds for the issuance of a closure order provided a thirty-day notice of right to cure the violation has been given before such closure may take place.  The finance director is authorized to issue a closure order.  Any person who continues to operate a business or occupation for which a closure order has been issued pursuant to this section shall be guilty of a simple misdemeanor offense punishable as provided by state law.  If a fine is imposed said fine shall be not less than five hundred dollars for each offense. (Ord. 2012-332 (part)).

 

5.01.050          Terms, renewals and fee payment due.

    Unless a specific term for a license is otherwise provided for in a specific chapter of this code, the term of all licenses shall run annually from April 1st to March 31st.  Except as otherwise provided all license fees are due and payable on April 1st of each year and if unpaid by May 1st of each year shall be deemed delinquent.  The finance director shall provide notice that fees are delinquent after May 1st upon all persons whose license fees are due and delinquent.  For any license renewal fee that remains unpaid after May 1st a ten percent penalty shall be added to the base fee for each calendar month or part of a calendar month such license fee remains unpaid. Businesses or occupations commencing after October 1st shall pay a license fee in an amount equal to one-half of the annually required license fee. (Ord. 2012-332 (part)).

 

5.01.060          License fees.

    License fees shall be established by resolution of the city council from time to time as it deems appropriate. (Ord. 2012-332 (part)).

 

5.01.070          License application.

    All applications for licenses shall be made in writing to the finance director on a form provided for that purpose. 

    Every application shall contain the name, address and telephone number of the person applying for a license, the address for which the license is being sought, and such other information as may be required by the finance director.  If the applicant is a partnership or business association the application shall contain the names, addresses and telephone numbers of all partners or persons holding a twenty-five percent or more interest.  If the applicant is a corporation the application shall contain the names, addresses and telephone numbers of its corporate officers and all stockholders who own twenty-five percent or more of the voting stock of the corporation. 

    An application for a license to operate a business or occupation for which the applicant is required to collect and pay state sales tax shall have a copy of the applicant’s state sales tax permit attached. 

    The finance director shall be the custodian of all applications and business licensing records.  Any information required by an application that qualifies as a confidential record under federal or state law shall not be disclosed to the public. (Ord. 2012-332 (part)).

 

5.01.080          License investigation or inspection.

    Upon receipt of an application which requires an investigation or inspection by any department of the city, the finance director shall transmit to each department charged with investigating or inspecting the application such information as may be necessary in order that the required investigation or inspection may be performed by said department so it may render its recommendation concerning the issuance of the license.  Each department charged with such investigation or inspection shall, immediately upon receipt of such information cause an investigation or inspection to be made, and shall, within ten days after the receipt of said information, recommend approval or denial of the application based upon whether the application meets the relevant requirements. 

    If any department shall recommend denial it shall be the duty of said department to notify the applicant and the finance director of its recommendation to deny and the reasons for said recommendation.  A recommendation to deny based upon failure of the proposed business to comply with a building, fire, electrical, plumbing, mechanical or similar code provision shall stay all time requirements in the processing of said application until the applicable code provision has been determined satisfied after a reinspection performed by the appropriate department.  Failure of an applicant to remedy the cause for the denial recommendation by a department based upon building, fire, electrical, plumbing, mechanical or similar code within sixty days shall constitute denial of the application. 

    If a department performs its inspection or investigation and determines that the application meets the requirements relevant to its inspection or investigation it shall promptly notify the finance director of its recommendation that the application may be approved. (Ord. 2012-332 (part)).

 

5.01.090          License issuance or denial.

    Unless cause exists for the denial of an application for a business license the license shall be issued.  If the finance director determines that the application should be denied the applicant shall be notified in writing of the reason(s) for the denial.  The notice of denial shall be sent to the applicant within ten days after the finance director’s receipt of the last recommendation from an investigating department and shall be sent by certified mail to the address shown on the application.  Upon receipt of the notice of denial the applicant may request an administrative hearing as provided in Section 2.86.020 of the city code.  The purpose of the hearing shall be to determine whether there is sufficient cause supporting the denial of the application.  Good and sufficient cause to deny a business license application includes, but is not limited to, any of the reasons sufficient for suspension, revocation or rescission of a business license.  If a timely request for hearing is not filed the applicant shall be deemed to have waived any and all rights to challenge the denial. (Ord. 2015-118 § 1: Ord. 2012-332 (part)).

 

5.01.100          License suspension, revocation or rescission.

    The finance director shall have the power to suspend or revoke any license issued under the provisions of this code for good and sufficient cause or if he determines that the licensee has violated any of the provisions of this code or any of the statutes of the state of Iowa.  Good and sufficient cause includes, but is not limited to, a determination that business conducted or to be conducted under and by virtue of said license is or will be detrimental to public health, morals or general welfare, or liable to lead to violations of any law or ordinance, or liable to provoke a breach of the public peace, or if any false or misleading statements or representations have been made on the application or in furtherance of the business, or any other credible information upon which it is reasonable for the city to rely. 

    No license shall be suspended or revoked except upon the licensee having received written notice that its license is being suspended or revoked, the basis for the suspension or revocation, notification that the licensee may appeal the suspension or denial by filing written request for an appeal with the city administrator within seven days from the date of the notice of suspension or revocation.  Upon receipt of a written notice of appeal the city administrator shall schedule an informal hearing to be held within twenty days of the applicant’s request or as soon as mutually agreeable for a hearing at which the licensee may show cause and be heard regarding why its license should not be suspended or revoked.  Within seven days' time after the hearing the city administrator shall issue a written decision regarding the suspension or revocation of the business license. 

    In addition to a violation of any of the provisions of this code or any of the statutes of the state of Iowa or for other good and sufficient cause, a business or occupation license may be denied, suspended, revoked or rescinded for any of the following reasons:

    A.    Failure of the licensee to strictly comply with the provisions of this code or state or federal law applicable to the operation of the business or conduct of the occupation;

    B.    Conviction of a disqualifying offense for obtaining the license, if any; a conviction for any offense contrary to the public order, general welfare, public peace, public health or public safety;

    C.    Conviction for a criminal offense involving dishonesty or fraudulent acts;

    D.    Inclusion of false, misrepresented, misleading or fraudulent information in procuring the license or renewal, or the omission of relevant and material information or facts;

    E.     Failure to meet or satisfy any applicable building, zoning, plumbing, electrical, mechanical or fire code provision;

    F.     Voluntary or involuntary loss of a similar license within the last ten years as a result of or based upon conduct or acts involving any of the foregoing reasons for denial, suspension or revocation. 

    The finance director shall have the power and authority to rescind any license erroneously issued by the finance department.  In order for such rescission to be effective, the finance director shall notify the licensee whose license is to be rescinded at least ten days before the rescission will take effect.  The notice shall be served by certified mail to the address stated on the application.  The finance director shall state in the notice the basis for the proposed rescission and shall advise the licensee that it may appeal the rescission by filing written request for an appeal with the city administrator within seven days from the date of the notice of the finance director’s notice of decision.  Upon receipt of a written notice of appeal the city administrator shall schedule an informal hearing to be held within twenty days of the applicant’s request or as soon as mutually agreeable for a hearing at which the licensee may show cause and be heard regarding why its license should not be suspended or revoked.  Within seven days' time after the hearing the city administrator shall issue a written decision regarding the rescission of the business license which shall become effective five days from the date of the written decision. (Ord. 2012-332 (part)).

 

5.01.110          Hearing procedures.

    Hearings shall be scheduled and held as provided by the procedures in Chapter 2.86 of the city code.  (Ord. 2015-118 § 2; Ord. 2012-332 (part)).

 

5.01.120          Indebtedness—License ineligibility.

    No initial or renewal license shall be issued to any applicant or licensee who has outstanding indebtedness to the city.  Indebtedness for purposes of this title means an obligation to pay a sum of money that is due and delinquent; it does not include an obligation to pay a sum of money that is due but not delinquent.  Indebtedness includes (a) a sum of money owed to the city for which the period granted for payment has expired, (b) an admitted unpaid parking ticket, (c) an admitted unpaid notice of violation or (d) a judgment in favor of the city.  A license may be issued upon the payment of all outstanding indebtedness. (Ord. 2012-332 (part)).

 

5.01.130          Change of business location.

    If any person licensed to engage in a business or occupation at a particular place shall, before the expiration of the license period, desire to change the location of said place, he shall be required to obtain a new license before conducting the business or occupation at the new location.  It shall be unlawful to conduct the business or occupation at the new location prior to obtaining the new license.  The new license shall be issued if the new location is approved, there are no other disqualifying factors and the appropriate fee for the new license has been paid. (Ord. 2012-332 (part)).

 

5.01.140          Change of officers.

    All licensees shall notify the finance department in writing within thirty days of the effective date of any change that occurs in its officers, members, partnership, stockholders or other individuals required to be identified on an initial license application.  At the time of the filing of notice of such change, if the licensee has a license approved by the police department prior to its issuance, the licensee shall be allowed to continue to operate pending the police department’s investigation. If the police department’s investigation results in a negative recommendation the licensee shall be notified in writing pursuant to the suspension, revocation or rescission provisions. (Ord. 2012-332 (part)).

 

5.01.150          Change of business name.

    All licensees shall notify the finance department in writing of any change that occurs in the name of the licensed business and the effective date of the name change and shall be issued a new license at no cost. (Ord. 2012-332 (part)).

 

5.01.160          Nontransferable.

    No transfer of ownership shall be allowed on any business or occupation license. (Ord. 2012-332 (part)).

 

5.01.170          License display—Duplicate. 

    It shall be the duty of every person conducting, engaging in, maintaining, operating, carrying on or managing a business or occupation for which a license is required by this code to post such license in a conspicuous place at the premises where the business or occupation is being conducted so that it is visible and legible to the public. 

    Every licensee operating a mobile cart or vehicle shall be required to have a metal plate securely fastened on the outside of the cart or vehicle in a conspicuous place in which to post its business or occupation license so it is visible and legible to the public. 

    In the event a licensee who has been issued a license shall lose the same, the finance director is authorized to issue a duplicate license upon the making of an affidavit of loss by such licensee and the payment of a duplicate license issuance fee as established by the city council. (Ord. 2012-332 (part)).

 

5.01.180          Alteration prohibited.

    No person shall add to, alter, deface, forge or counterfeit any license issued by the city.  Any person who violates this subsection shall be guilty of a simple misdemeanor offense punishable as provided by state law. (Ord. 2012-332 (part)).

 

5.01.190          Enforcement.

    The finance director is charged with enforcing compliance with the provisions of this title.  The finance director has authority to take such action as deemed necessary to enforce the requirements of this title.  The finance director shall have the authority to enter at any time any place of business for which a license is required by this title for the purpose of ascertaining whether or not the provisions of this title are being met.  The finance director shall have the authority to call upon the police department for aid in the enforcement of this title. (Ord. 2012-332 (part)).

 

5.01.200          Interference unlawful.

    It shall be unlawful for any person to knowingly interfere with or impede the finance director or agents thereof in the enforcement of duties.  A person acts knowingly when he or she is aware or should be aware that as a practically certain result of his or her conduct the immediate ability of the enforcement officer to perform his or her duties will be hampered, hindered, infringed or disturbed.  Any person who violates this section shall be guilty of a simple misdemeanor offense punishable as provided by state law. (Ord. 2012-332 (part)).

 

5.01.210          State laws incorporated.

    Any additional rules or regulations imposed upon a given business or occupation by state laws are incorporated into Title 5 by this reference. (Ord. 2012-332 (part)).

 

5.01.220          Penalties.

    The doing of any act prohibited or declared to be unlawful by this title, unless otherwise stated to constitute a simple misdemeanor offense, is punishable as a municipal infraction subject to civil penalties as provided for by state law.  Any penalty imposed shall be cumulative with or in addition to suspension or revocation of any license.  Any subsequent violation within a twelve-month period shall constitute a repeat infraction and upon conviction for each such offense the violator shall be fined as provided by state law.  In addition to being subject to the imposition of civil fines, the city may also request that the court order equitable relief to prevent, correct, or abate such violations. Each calendar day that the violation is permitted to exist after notification shall constitute a separate or repeat municipal infraction offense. (Ord. 2012-332 (part); Ord. 2003-139 § 1; Ord. 95-437 § 1 (part)).

 

 

 

Chapter 5.02  SIGNS OR CANOPIES

 

Sections:

    5.02.010       Billboards.

    5.02.020       Sign or canopy over public property.

    5.02.030       Applicant and liability insurance.

    5.02.040       Sign and canopy regulations.

 

 

5.02.010          Billboards.

    Every person maintaining any billboard or similar advertising device or structure shall, in addition to complying with all other ordinances regulating such device or structure, obtain a business license for each such device or structure before constructing and maintaining such device or structure.  This section shall not be construed so as to forbid or regulate the owner of a building from painting signs or advertising on the exterior walls of said building advertising the business engaged within said building at any height, except as otherwise regulated or prohibited under Title 17. (Ord. 2012-332 (part)).

 

 

5.02.020          Sign or canopy over public property.

    No person shall erect or maintain any sign, rigid canopy or marquee over public property without first having obtained a license therefor.  No permit for the construction or erection of a sign, rigid canopy or marquee shall be issued until a license has first been obtained as provided in this section.  This section does not apply to a sign, canopy or marquee that does not project over public property by more than twelve inches.  A license authorizing the temporary placement of a sign over public property may be applied for and obtained for a sign to be displayed at a given location over public property for a period of two weeks or less in duration.  No license shall be required for any sign erected by the city, erected in association with a city-sponsored event, or approved and erected pursuant as part of an approved special event application. (Ord. 2012-332 (part)).

 

 

5.02.030          Applicant and liability insurance.

    Any license required by this chapter may be applied for and obtained by the owner of the land or building, or by the tenant of the land or building provided the tenant’s application includes written consent of the owner of the land or building.  An application for a license required by the chapter shall be accompanied by a copy of a liability insurance policy providing insurance coverage for any claims that may result from the placement and maintenance of the sign over public property and shall include a provision indemnifying, defending and saving the city harmless from any and all claims that may result from the placement and maintenance of the sign over public property.  Liability insurance shall be kept in force at all times the sign or canopy projects over public property.  The city shall be listed on the liability insurance policy for purposes of receiving notice of its cancellation or expiration not less than thirty days prior to the effective date of the cancellation or expiration. (Ord. 2012-332 (part)).

 

 

5.02.040          Sign and canopy regulations.

    A.    All signs, canopies and marquees extending over any public sidewalk, street, alley or other public place must be placed, fastened and constructed in accordance with the provisions of the building code and zoning ordinances of the city in effect at the time of the placement, fastening or construction or replacement, refastening or reconstruction of a sign, canopy or marquee.  No sign, canopy or marquee shall be placed, fastened, constructed or maintained over any public sidewalk, street, alley or other public place so as to obstruct the view of any traffic control signal, sign or device.  Any sign, canopy or marquee placed, fastened or constructed contrary to building code regulations, zoning regulations or so as to obstruct the view of any traffic control signal, sign or device shall be subject to being ordered removed and the license and fee forfeited. 

    B.    Any person who posts or attaches any sign, poster, announcement or advertisement on any building, sidewalk, fence, tree, utility pole, sign pole, traffic signal pole, water hydrant or similar structure or fixture not designed, manufactured or intended for the display of additional signs, posters, announcements or advertisements without the written consent of the owner shall be guilty of a simple misdemeanor punishable as provided by state law. (Ord. 2012-332 (part)).

 

 

 

Chapter 5.03 AUCTIONS AND AUCTIONEERS

 

(Prior ordinance history: prior code §§ 5-1―5-8, 5-10 and Ordinance No. 82-158.)

 

Sections:

    5.03.010       Auctioneer license required.

    5.03.020       Regulations.

 

 

5.03.010          Auctioneer license required.

    No person shall carry on the business of auctioneer or sell or offer for sale for any person or for himself at auction sale any real or personal property within the limits of the city without first obtaining an auctioneer's license.  (Prior code § 5-2 (part); Ord. 2012-332 (part)).

 

 

5.03.020          Regulations.

    A.    No person shall hold a public auction using any noise producing or amplifying sound for the purpose of advertising or attracting attention to an auction sale and no such device shall be used at an outdoor auction site after ten o’clock p.m. (Ord. 2012-332 (part)).

 

 

 

Chapter 5.04  RESERVED

 

 

 

Chapter 5.05  CLOSING OUT SALES

 

(Prior ordinance history: prior code §§ 6-16-6, 6-8-610 and Ordinance Nos. 81-620 and 82-158.)

 

Sections:

    5.05.010       License required.

    5.05.020       Application.

    5.05.030       Effect of license and duties of licensee.

    5.05.040       Exemptions.

 

 

5.05.010                      License required.

    No person shall sell or offer to sell any goods at retail at a sale advertised, held out or conducted as a going out of business sale, fire or water damage sale or bankrupt sale without first having obtained a license from the city. (Ord. 2012-332 (part)).

 

 

5.05.020          Application.

    A person desiring to conduct a sale regulated by this section shall make written application setting forth the following information:

    A.    The name and address of the owner of the goods to be sold;

    B.    The name and address of any person who has contracted to conduct the sale on behalf of the owner;

    C.    The address of the location where the sale is to be held;

    D.    The nature of the owner’s occupancy of the premises;

    E.     The period of time during which the proposed sale is to be conducted;

    F.     A statement of the facts regarding the sale including, as applicable:  the date of the fire/water damage, the reason for going out of business, the name of the court and caption of the bankruptcy including a copy of any order authorizing the sale;

    G.    Any other information the finance director deems appropriate. (Ord. 2012-332 (part)).

 

 

5.05.030          Effect of license and duties of licensee.

    A.    The license shall authorize the sale described in the application for not less than one nor more than three periods of not more than thirty consecutive days in each period.  The initial period shall commence on and include the date the license is issued.   

    B.    The licensee may advertise its sale by print ads, radio or television ads, and on-premises advertising signs, but shall not employ or use any off-site signage to advertise or provide notice of the sale.  Any off-site signs are subject to immediate removal and destruction. 

    C.    The closing out business license shall be posted in a prominent place upon the premises where the sale is conducted. 

    D.    Iowa Code §§714.16((2)(g) is by this reference incorporated as if fully set forth herein.  Any person violating the provisions set forth in §§714.16(2)(g) is liable for a civil penalty not to exceed one thousand dollars for each day that the violation exists.  The civil penalties collected shall be deposited in the general fund of the city if the city prosecutes the violation.  The civil penalty is in addition to and not in lieu of any criminal penalty.  Pursuant to Iowa Code §§714.16(2)(g), the city may obtain a preliminary injunction without posing a bond to enjoin a violation of §§714.16(2)(c) or (g) pending a hearing. (Ord. 2012-332 (part)).

 

 

5.05.040          Exemptions.

    The provisions of this chapter apply, but no licensing fee shall be charged, to a person acting pursuant to an order of a court of competent jurisdiction, persons acting in accordance with their powers and duties as public officials or auctioneers selling at public auction. (Ord. 2012-332 (part)).

 

 

 

Chapter 5.06  POLICE AND FIRE ALARM SYSTEMS

 

Editor's Note: Prior ordinance history: prior code §§ 27.01-1—27.01-5; Ord. 74-788; Ord. 82-158; Ord. 87-412.

 

Sections:

 

 

I.  General Provisions

 

    5.06.010       Definitions.

    5.06.020       Automatic protection devices.

    5.06.030       Direct alarm systems.

    5.06.040       Alarm system restrictions.

 

 

II.  Licensing Requirements and Procedures

 

    5.06.050       Alarm business—License required.

    5.06.060       Alarm agent—License required.

    5.06.070       Alarm system—Permit required.

    5.06.080       Central station system—License required.

    5.06.090       Modified central station—License required.

    5.06.100       Telephone answering service—License required.

    5.06.110       License and permit renewal, modifications.

    5.06.120       Issuance or denial of license or permit, suspension, revocation or rescission.

    5.06.130       Appeal.

    5.06.140       Business license tax. 

    5.06.150       Posting of licenses and permits.

    5.06.160       Transfer of license or permit prohibited.

    5.06.170       Failure to pay ad valorem taxes.

    5.06.180       Service available.

    5.06.190       Responsibility for alarm response.

 

 

III.  Enforcement and Administration

 

    5.06.200       Generally.

    5.06.210       False fire alarms.

    5.06.220       False police alarms.

    5.06.230       Liability of city limited.

    5.06.240       Conflict of interest prohibited.

    5.06.250       Violations and penalties. 

 

 

 

I.  GENERAL PROVISIONS

 

5.06.010          Definitions.

    For the purposes of this chapter, the following words and phrases shall be construed to have the meaning set forth in this section unless it is apparent from the context that a different meaning is intended.

    1.     "Alarm agent" means any person engaged in or employed by an alarm business, either directly or indirectly, whose duties include any of the following activities:  selling, maintaining, leasing, servicing, inspecting, repairing, altering, replacing, moving, or installing an alarm system on any building, place, or premises.

    2.     "Alarm business" means the business of selling, leasing, maintaining, inspecting, servicing, repairing, replacing, altering, moving, or installing an alarm system.

    3.     "Alarm system" means an assembly of equipment or devices arranged to send a signal to a remote receiving station to make known the occurrence of a robbery or an attempted robbery or an unauthorized intrusion requiring urgent attention and to which the police are expected to respond and includes both automatic and manually operated systems.  Alarm systems shall include automatic holdup alarm systems, burglar alarm systems, holdup alarm systems, manual holdup alarm systems.  This term also includes an assembly of equipment or devices, or a single device, which monitors temperature, humidity, or other conditions, arranged to send a signal to a remote receiving station to make known the occurrence of a fire or fire-related condition requiring urgent attention and to which the fire department is expected to respond and includes both automatic and manually operated systems.  Fire alarms are included in this definition of alarm systems.

    4.     "Alarm user" means the person, firm, partnership, corporation, company, association, or other organization of any kind which has an alarm system to protect its premises, regardless of whether it owns or leases the alarm system.

    Each premises having a separate connection to a central station system, a modified central station, or a telephone answering service shall be considered a separate alarm system user for purposes of calculating false alarms subject to the following:  in the event a building or group of buildings is connected to or part of a single integrated alarm system, the entire building or group of buildings shall be considered to have a single alarm system for purposes of calculating false alarms; but if the building or group of buildings is not so connected, then each individual alarm system shall be treated as a separate premises.  However, any building or group of buildings which contains multiple leaseholds or condominium agreements shall be considered to be a single alarm system as to the common areas of the building or group of buildings which are not covered by leasehold or condominium ownership for other than common usage.  All other premises not specifically mentioned shall, as to each separate ownership, lease, or other interest owning, maintaining, or using an alarm system, be considered to have a separate alarm system for purposes of calculating false alarms.

    5.     "Automatic protection device" means an instrument which automatically sends a pre-recorded voice alarm actuated by a physical force or condition characteristic of a fire, other casualty, or unauthorized intrusion, over regular telephone lines.

    6.     "Burglar alarm system" means a method of detecting and signaling the presence, entry, or attempted entry of an intruder into a protected premises.

    7.     "Central station system" means a system or group of systems, usually operated for customers by a person, in which the signals and messages of automatic protection devices and alarm systems are transmitted to, recorded in, and supervised from a central location which has trained operators and guards on duty at all times who shall take appropriate action upon receipt of a signal or message including the relaying of messages to the emergency communications center.

    8.     "Chief" means, in the case of a fire alarm system, the chief of the fire department, and, in the case of a burglar or hold-up alarm system, the chief of the police department.

    9.     "City" means the city of Davenport, Iowa, or such officers or employees as may be designated by this chapter to have specific duties in relation to this chapter.

    10.   "Direct line" means a telephone line leading directly to the emergency communications center that is for use only to report emergency messages and signals on a person-to-person basis.

    11.   "False fire alarm" means the activation of a fire alarm system through technical failure, malfunction, improper installation, or the negligence of the owner or lessee of an alarm system or of his or her employees or agents.  False fire alarm does not include the activation of an alarm system which is caused by storms, tornadoes, or other violent weather conditions.  False fire alarm does not include alarm activation caused by heat, smoke or steam in the absence of fire.  False fire alarm does not include alarm system activations or failures caused by water, gas, electrical, telephone or other transmission devices not under the control of an alarm user or his or her employees or agents, the willful act of any person other than the alarm user or his or her agent or employee, and does not include alarm activations or failures due to conditions clearly beyond the control of the alarm user or his or her agents or employees.

    12.   "False police alarm" means the activation of an alarm system through technical failure, malfunction, improper installation, or the negligence of the owner or lessee of an alarm system or of his or her employees or agents.  False police alarm does not include the activation of an alarm system which is caused by storms, tornadoes, or other violent weather conditions.  False police alarm also does not include the activation or failure of an alarm system caused by transmission lines not under the control of an alarm user or alarm agent, the willful act of any person other than the alarm user or his or her employees or agents or the alarm agent, and does not include activations or failures due to conditions clearly beyond the control of the alarm agent or alarm user.  False police alarm does include the activation or use of an alarm system for purposes other than warning or notification of an unauthorized intrusion, or robbery or attempted robbery, or other emergency situations.

    13.   "Fire chief" means the chief of the fire department of the city, or the chief's authorized representative.

    14.   "Fire department" means the fire department of the city.

    15.  "Holdup alarm system" means a method of signaling a robbery or attempted robbery or unauthorized intrusion of a premises in which the signal transmission is initiated by the direct action of a person.

    16.   "Indicator" means the instrumentation on a monitor panel at the receiving terminal of a signal line which produces both visual and audible alarm signals when activated by a signaling device at an identifiable location or origin.

    17.   "Key" (to a telephone line) means to use a telephone line for transmitting a message, either by direct connection or by a mechanism not so connected, that utilizes the microphone of a standard telephone to do so.

    18.   "Modified central station" means a central station operated for the customers of an alarm business by a person which provides at all time the service of monitoring and relaying messages for customers to the emergency communication center in connection with automatic protection devices and alarm systems, but which does not meet the requirements nor provide all the services of a central station.  This definition includes "monitoring stations."

    19.   "Person" means any individual, partnership, corporation, association, or other organization, but does not include the city.

    20.   "Police chief" means the chief of the police department or the chief's authorized representative.

    21.   "Police department" means the police department of the city.

    22.   "Protected premises" means that part of a building or real estate to which protection is afforded by an alarm system.

    23.   "Primary trunkline" means a telephone line leading directly into the emergency communications center that is for the purpose of handling emergency calls on a person-to-person basis, and which line is identified as a public safety response line such as "911" or by a specific listing among any police department numbers in any telephone directory issued by any telephone directory publisher serving the city and surrounding area.

    24.   "Secondary trunkline" means a telephone line leading into the police or fire department or city hall that is identified by a specific listing among the telephone numbers in any telephone directory issued by any telephone directory publisher serving the city and surrounding area that is for handling administrative and other non-emergency calls on a person-to-person basis.

    25.   "Signaling device" means an instrument that, upon detection of physical force or condition characteristic of an emergency, will activate a signal line in such a way as to cause both visual and audible signals to be registered by indicators on a monitor panel at the receiving terminal of the signal line in a central location.

    26.   "Signal line" means a line not connected to any standard telephone equipment which leads into an indicator panel in either a central station system or a modified central station and which is designated to transmit an alarm signal readily identifiable as to location or origin.

    27.   "Telephone answering service" means a business operating a telephone answering activity that includes the service whereby trained employees on duty at all times receive pre-recorded voice messages from automatic protection devices and who have the duty to relay immediately by live voice any such emergency message to the police or fire department.

    28.   "This chapter" includes any regulations adopted pursuant to the provisions of Section 5.06.200 and the standards, rules, and regulations established by the chief for direct alarm systems.  (Ord. 2012-332 (part): Ord. 95-437 § 1 (part)).

 

5.06.020          Automatic protection devices.

    A.    Restrictions on Keying.

    1.     No person shall install, cause to be installed, or permit the installation or operation of an automatic protection device keyed either to a primary or secondary trunkline on premises of any kind within the corporate limits of the city.

    2.     An owner or lessee of an automatic protection device who has an alarm system permit may authorize an alarm business licensed by this chapter to intercept the signal or message and relay it by phone line to the emergency communications center, provided that the device meets the requirements of this chapter and, further provided that the operations of such device will not interfere with the normal functions of the police department, fire department or the emergency communications center.

    3.     No person, except an alarm business or alarm agent with a license from the city as required by this chapter, shall install any automatic protection device within the corporate limits of the city.

    B.    Keying to Intermediaries.  Any person who has an automatic protection device within the corporate limits of the city may arrange to have such device keyed to any of the following intermediaries who are authorized to relay emergency messages to the emergency communications center, as appropriate:

    1.     A licensed central station system;

    2.     A licensed modified central station;

    3.     A licensed telephone monitoring service.  (Ord. 2012-332 (part): Ord. 95-437 § 1 (part)).

 

5.06.030          Direct alarm systems.

    No direct alarm system shall be permitted with the police or fire department. (Ord. 2012-332 (part): Ord. 95-437 § 1 (part)).

 

5.06.040          Alarm system restrictions.

    A.    No central station system, modified central station, or telephone answering service shall relay messages from any alarm system to the emergency communications center other than through a direct phone line.

    B.    Any audible signal or noise from an alarm system which can be heard directly outside the perimeter of the protected premises must automatically terminate within fifteen minutes from the time it was activated.  (Ord. 2012-332 (part): Ord. 95-437 § 1 (part)).

 

 

 

II.  LICENSING REQUIREMENTS AND PROCEDURES

 

5.06.050          Alarm business—License required.

    No person shall conduct an alarm business within the corporate limits of the city unless they possess a currently valid alarm business license issued pursuant to this chapter.  (Ord. 2012-332 (part): Ord. 95-437 § 1 (part)).

 

5.06.060          Alarm agent—License required.

    No person shall conduct themselves as an alarm agent within the corporate limits of the city unless they have a currently valid alarm agent business license issued pursuant to this chapter.  A person holding a valid alarm business license is exempt from the requirement of obtaining an alarm agent license.  (Ord. 2012-332 (part): Ord. 95-437 § 1 (part)).

 

5.06.070  Alarm system—Permit required.

    A.    No person shall install, cause to be installed, or permit the installation or operation of an alarm system unless a currently valid alarm system permit or direct alarm system permit has been issued by the city clerk for such alarm system pursuant to the provisions of this chapter.  An alarm system permit shall be obtained for any fire, burglar, or holdup alarm which transmits a signal or message to a central station system, a modified central station, a telephone answering service or an on-premises audible and/or visual alarm device which can be heard or observed outside the perimeter of the protected premises.

    B.    Those conducting alarm businesses shall be responsible for procuring and processing all applications, and any renewals, for their subscribers, and for transmitting completed applications to the city of Davenport finance department and all fees to the city of Davenport finance department. Those conducting alarm businesses are further required to report, within thirty days, the discontinued use of any alarm system serviced by the alarm business to the police chief or fire chief.

    C.    Where the alarm system is in operation and is not serviced by an alarm business, the person owning, using, or possessing such alarm system shall be responsible for obtaining the permit and shall make direct application to the city of Davenport finance department. When an alarm system not serviced by an alarm business is no longer in operation, the person owning or possessing such alarm system shall report, within thirty days, the discontinued use of the alarm system to the police chief or fire chief. No commercial business can discontinue use of a fire alarm and/or sprinkler system.  (Ord. 2012-332 (part): Ord. 95-437 § 1 (part)).

 

5.06.080          Central station system—License required.

    No person shall operate a central station system, which relays messages to the emergency communications center in the absence of a currently valid central station system license issued pursuant to the provisions of this chapter.  (Ord. 2012-332 (part): Ord. 95-437 § 1 (part)).

 

5.06.090          Modified central station—License required.

    No person shall conduct a modified central station system which relays messages to the emergency communications center in the absence of a currently valid license issued pursuant to the provisions of this chapter.  (Ord. 2012-332 (part): Ord. 95-437 § 1 (part)).

 

5.06.100          Telephone answering service—License required.

    No person shall conduct a telephone answering service which includes in such service the receipt and relay of messages to the emergency communications center from automatic protection devices in the absence of a currently valid telephone answering service license issued pursuant to the provisions of this chapter.  (Ord. 2012-332 (part): Ord. 95-437 § 1 (part)).

 

5.06.110          License and permit renewal, modifications.

    A.    All licenses and direct alarm system permits issued pursuant to this chapter shall expire annually on March 31.  All applications for renewal of such licenses and permits shall be filed with the city of Davenport finance department on forms provided for that purpose.  The fee for the renewal of each license and direct alarm system permit shall be the same as the initial application fee and shall be paid to the city of Davenport finance department prior to the time the license or permit renewal is issued.  All fees for licenses and direct alarm system permits become due and delinquent at the same time as business licenses generally pursuant to Title 5 of the municipal code.

    B.    Alarm system permits need not be renewed.

    C. Any modification of, change in ownership of, change in location of, or addition to an alarm system requires that a new application, new application fee, and new alarm system permit be issued pursuant to this chapter.  (Ord. 2012-332 (part): Ord. 95-437 § 1 (part)).

 

5.06.120          Issuance or denial of license or permit, suspension, revocation, or rescission. 

    The issuance or denial of an application filed pursuant to this chapter, or the suspension, revocation or rescission of a license or permit shall be as provided in Chapter 5.01.  In addition to those reasons set out in Chapter 5.01 regarding the denial, suspension, revocation or rescission of a license or permit covered by this chapter, additional grounds upon which such determination may be based include: 

    1.     The alarm system was, or will be, installed by an unlicensed alarm business or alarm agent, or

    2.     The alarm system is not in conformance with this chapter, or

    3.     The alarm system has generated an excessive number of false alarms such that it has interfered with the conduct of the business of the police department or fire department. (Ord. 2012-332 (part)).

 

5.06.130          Appeal.

    Upon receipt of a decision denying an application, or a decision suspending, revoking or rescinding a license or permit, affected applicant, licensee or permittee may request an administrative hearing as provided in Section 2.86.020 of the city code.  At the hearing the applicant, licensee or permittee shall be allowed a reasonable opportunity to be heard in order to show cause as to why the adverse decision should not be upheld.  The burden of proof shall be upon the party making the appeal.  The hearing shall be scheduled and held as provided by the procedures in Chapter 2.86 of the city code.  If a timely appeal is not filed the applicant, licensee or permittee shall be deemed to have waived all rights to challenge the suspension, revocation or rescission of its license or permit. (Ord. 2015-118 § 3; Ord. 2012-332 (part): Ord. 95-437 § 1 (part)).

 

5.06.140          Business license tax.

    Nothing contained in this chapter shall be construed as a waiver or exemption from any business license tax otherwise applicable.  (Ord. 2012-332 (part): Ord. 95-437 § 1 (part)).

 

5.06.150          Posting of licenses and permits.

    A central station system, modified central station, telephone answering service, or an alarm business license shall be posted at all times at the premises from which the licensed activity is conducted.  A person acting as an alarm agent shall carry their alarm agent registration card on their person at all times when so engaged and shall display said card to any police officer or fireman upon demand.  An alarm system permit shall be posted at all times on the protected premises.  (Ord. 2012-332 (part): Ord. 95-437 § 1 (part)).

 

5.06.160          Transfer of license or permit prohibited.

    No license or permit issued pursuant to this chapter shall be transferable.  (Ord. 2012-332 (part): Ord. 95-437 § 1 (part)).

 

5.06.170          Failure to pay ad valorem taxes.

    No license or permit shall be issued or renewed pursuant to this chapter if any ad valorem taxes upon any real property or personal property used directly or indirectly in connection with the proposed business or service are delinquent.  Where a license or permit has been issued and ad valorem taxes on such property thereafter become delinquent, the license or permit shall be subject to cancellation immediately without notice and without right of appeal.  (Ord. 2012-332 (part): Ord. 95-437 § 1 (part)).

 

5.06.180          Service available.

    Each alarm business shall have licensed alarm agents and supplies and equipment so located as to be able to respond to a request for repair or adjustment of any alarm system that such an alarm business sold, maintained, or inspected within two hours of the request for such service.  They shall respond within two hours of the request; except that if the request occurs within the hours that the protected premises is open for business or otherwise substantially occupied, repair or adjustment may be made at any time prior to the closing of the protected premises.  (Ord. 2012-332 (part): Ord. 95-437 § 1 (part)).

 

5.06.190          Responsibility for alarm response.

    Every person who has an alarm system on premises shall, upon notification that the alarm system is giving a signal, proceed immediately to the protected premises and render all necessary service.  However, the owner or person in control of the protected premises may enter into an agreement with an alarm business or a licensed private detective agency or watch service to respond in that person's stead.  (Ord. 2012-332 (part): Ord. 95-437 § 1 (part)).

 

 

 

III.  ENFORCEMENT AND ADMINISTRATION

 

5.06.200          Generally.

    A.    Enforcement and administration of this chapter shall be a function of the chief of the respective departments concerned except where this chapter specifically assigns responsibility to other parties.

    B.    The chief may propose rules and regulations, not inconsistent with the terms of this chapter, prescribing minimum equipment standards, facility standards, and operation standards for the installation, construction, maintenance and operation of alarm systems, central station systems, modified central stations, telephone answering services, and requiring inspection and approval of all such systems.  Such rules and regulations shall have the full force and effect of law upon adoption by resolution by the city council after a public hearing.  No permit or license shall be issued for any device or system which does not comply with the provisions of this chapter and said rules and regulations as finally adopted.  Copies of these standards shall be furnished to all licensed alarm businesses, central station systems, modified central stations, and telephone monitoring services, and shall be available for inspection in the office of the chief and the city clerk.  (Ord. 2012-332 (part): Ord. 95-437 § 1 (part)).

 

5.06.210          False fire alarms.

    A.    A report shall be forwarded, if requested by the fire chief, to the fire department within forty-eight hours, Sundays and holidays excepted, with regard to each and every false alarm, and such additional information as may be reasonably required by the fire chief to be supplied with regard thereto. The report shall be made by the alarm business where the alarm system is serviced by an alarm business.  The report shall be made by the alarm system permittee in all other instances.

    B.    Excessive Number of False Alarms.  The chief is given authority to determine if an excessive number of false fire alarms have resulted from the operation of any alarm system.  When such determination is made, the city of Davenport alarm services shall inform the subscriber or the proprietor, owner or operator of that alarm system that an excessive number of false fire alarms have occurred.  If, in the opinion of the chief, excessive numbers of false fire alarms continue to occur, the chief has the authority to suspend or revoke the permit as provided by Section 5.06.120.

    C.    Interference with the Department.  In addition to the foregoing remedy of suspension or revocation, when false fire alarms from any premises are so excessive as to interfere with the normal conduct of the business of the fire department, the chief shall require the business and/or the property owner to repair the system to current fire/alarm code requirements. 

    D.    Any attempt to disconnect or interfere with fire protection systems to include fire alarms/sprinkler systems may result in occupancy permit revocation and/or criminal charges.

    E.     Any party whose alarm permit has been suspended or revoked by the chief pursuant to this section may administratively appeal said decision pursuant to Chapter 2.86. (Ord. 2013-324; Ord. 2012-332 (part); Ord. 95-437 § 1 (part)).

 

5.06.220          False police alarms.

    A.    Reports.  A report on a form approved by the police chief shall be forwarded, if requested by the police chief, to the police department within forty-eight hours, Sundays and holidays excepted, with regard to each and every false alarm transmitted to the police department together with such additional information as may be reasonably required by the chief.  The report shall be made by the alarm business where the alarm system is serviced by an alarm business.  The report shall be made by the alarm system permittee in all other cases.

    B.    Defective Equipment.  If any false police alarm occurs as a result of any defect of the alarm equipment, including the method of sounding or transmitting the alarm signal, or from any defect in installation of the equipment, including the method of sounding or transmitting the alarm signal or the faults or neglect of the alarm system permittee or any of their employees, the report of the false alarm shall include a statement as to the action taken to remedy the false police alarm cause.

    C.    The chief is given authority to determine if an excessive number of false police alarms have resulted from the operation of any alarm system.  When such a determination is made, the chief shall inform the subscriber or the proprietor, owner or operator of that alarm system that an excessive number of false alarms have occurred.  If, in the opinion of the chief, excessive numbers of false alarms continue to occur, the chief has the authority to suspend or revoke the permit as provided by Section 5.06.120 or in the alternative may decline to respond pursuant to Section 5.06.220.

    D.    Interference with the Department. In addition to the foregoing remedy of revocation or suspension, when false police alarms from any protected premises are interfering with the normal conduct of the business of the police department, the chief may decline to respond to any alarms until the cause of such false alarms is corrected.  The chief shall make a reasonable effort to give prompt notice of such action to the owner or occupant of the protected premises.

    E.     Any party whose alarm permit has been suspended or revoked by the chief pursuant to this section may administratively appeal said decision pursuant to Chapter 2.86. (Ord. 2013-324; Ord. 2012-332 (part); Ord. 95-437 § 1 (part)).

 

5.06.230          Liability of city limited.

    The city shall take every reasonable precaution to assure that alarm signals and messages received from central station systems, modified central stations, and telephone monitoring services regarding alarm signals received by and dispatched by the emergency communication center are given appropriate attention and are acted upon. The city shall not be liable for any defects in the operation of any alarm devices or signal line systems, for any failure or neglect to respond appropriately upon receipt of an alarm, nor for the failure or neglect of any person with a license or permit issued pursuant to this chapter in connection with the installation, maintenance, or operation of equipment, the transmission of alarm signals and prerecorded alarm messages, or the relaying of such signals and messages.  In the event that the city finds it necessary to disconnect a defective automatic protection device or signaling device, the city shall incur no liability by such action. (Ord. 2012-332 (part): Ord. 95-437 § 1 (part)).

 

5.06.240          Conflict of interest prohibited.

    No employee of the police or fire department, nor a member of such employee's immediate family, shall have any interest, directly or indirectly, in any alarm business within the limits of the city.  No such employee or family member shall be employed by an alarm business subject to the provisions of this chapter.  (Ord. 2012-332 (part): Ord. 95-437 § 1 (part)).

 

5.06.250          Violations and penalties.

    A.    An alarm user who has more than three false police and/or fire alarms in any consecutive twelve-month period shall be deemed to have committed a municipal infraction violation for a fourth or any other subsequent false alarms within a consecutive twelve-month period. The fourth violation shall be deemed the first violation and upon conviction the violator shall be fined seventy-five dollars. Any subsequent violation within a twelve-month period shall be a repeat infraction and upon conviction for each such offense the violator shall be fined one hundred fifty dollars.  No alarm which occurs within fourteen days of the date of notification of the installation of a new alarm system shall be considered to be a false alarm for purposes of determining the number of false alarms per consecutive twelve-month period or for the purpose of imposing a penalty.

    B.    Anyone who violates any of the other provisions of this chapter shall be guilty of a municipal infraction and shall, upon conviction, be subject to a civil penalty of seventy-five dollars for a first offense or one hundred fifty dollars for each repeat offense. In addition to being subject to the imposition of civil fines, the city may also request that the court order equitable relief to prevent, correct, or abate such violations. Each day that the violation is permitted to exist after notification in writing by the chief or city clerk, and the expiration of the time designated for correction in aforesaid notification, shall constitute a separate or repeat municipal infraction offense. (Ord. 2012-332 (part): Ord. 2003-139 § 1; Ord. 95-437 § 1 (part)).

 

 

 

Chapter 5.07  GASOLINE STATIONS AND REPAIR GARAGES

 

(Prior ordinance history: prior code §§ 14.01-1—14.01-8.)

 

Sections:

    5.07.010       License required.

    5.07.020       Regulations.

 

 

5.07.010          License required.

    No person shall carry on or engage in the business of selling or offering for sale motor vehicle fuel at retail without first having obtained a license.  No person shall engage in the business of operating a public garage for the purpose of performing repair work on motor-powered vehicles in exchange for a charge, fee or remuneration without first procuring a license therefor. (Ord. 2012-332 (part)).

 

 

5.07.020          Regulations.

    A.    Such business shall be conducted in a manner so as not to interfere with the motor vehicle or pedestrian traffic.

    B.    The premises shall be kept and maintained in a clean and safe manner so as to protect persons in its vicinity and the environment, minimize danger to life or property or to otherwise become a nuisance. 

    C.    All storage of flammable liquids and combustible materials shall be in accordance with federal, state and local laws. (Ord. 2012-332 (part)).

 

 

 

Chapter 5.08  MOTORCYCLE SALES AND DEALERS

 

Sections:

    5.08.010       License required.

    5.08.020       License application.

    5.08.030       Shop facilities required.

    5.08.040       Lot requirements.

    5.08.050       Combined businesses.

 

 

5.08.010          License required.

    No person shall engage in the business of selling new or used motorcycles, or both, without first having obtained a license therefor as provided in this chapter.  (Ord. 2012-332 (part): Prior code § 20-15).

 

 

5.08.020          License application.

    Application for such license shall be made on a verified written statement to the finance department and shall state:

    A.    The name of the applicant and, if a corporation, the name of the principal officers and the name of the person the corporation shall designate as manager;

    B.    The location where the business is to be conducted;

    C.    The length of time the applicant has resided in the city, and, if a corporation, the length of time the manager or person or persons in charge have resided in the city;

    D.    The type of shop the applicant maintains in connection with its principal place of business and whether it is equipped to service and repair the types and makes of motorcycles which the applicant proposes to sell;

    E.     The approval of required facilities by the state department of public safety;

    F.     Such other reasonable and pertinent information as the finance director shall from time to time require. (Ord. 2012-332 (part): Prior code § 20-16).

 

 

5.08.030          Shop facilities required.

    No license shall be given to an applicant unless he has shop facilities and equipment, in connection with his principal place of business, to satisfactorily repair and service the makes and types of motorcycles he proposes to sell and at all times has in charge a competent mechanic. (Ord. 2012-332 (part): Prior code § 20-20).

 

 

5.08.040          Lot requirements.

    A.    The minimum square feet for a new or used motorcycle lot, either as a principal place of business or a sublot, shall be five thousand square feet.  The principal place of business shall have one stall for shop facilities for each twenty motorcycles allowed on all lots owned by the licensee with a minimum of four stalls per motorcycle lot.  The following restrictions shall apply to the abovementioned requirements:

    1.     All the facilities required by this chapter must be owned, leased or otherwise controlled by the licensee and be used for the sole purpose of complying with this chapter.

    2.     Borrowing of another's facilities in order to comply with the requirements of this chapter is not allowed.

    3.     Areas separated by a street or alley may be considered a single principal lot or sublot only, if the areas are within one hundred feet of each other.

    4.     It is unlawful for any person to operate a motorcycle dealership unless the surface of such motorcycle business lot has first been covered with concrete to a depth of at least six inches or with plant-mixed asphalt to a depth of at least two inches laid upon stone bracing of not less than six inches in depth. (Ord. 2012-332 (part)).

 

 

5.08.050          Combined businesses.

    If the licensee intends to run or manage a new or used motorcycle dealership in connection with a new or used motor vehicle dealership, the requirements of this chapter shall be deemed requirements above and beyond those required in the new or used motor vehicle ordinance, codified in Chapter 5.09. (Ord. 2012-332 (part): Prior code § 20-27).

 

 

 

Chapter 5.09  MOTOR VEHICLE SALES AND DEALERS

 

Sections:

    5.09.010       License required.

    5.09.020       License application.

    5.09.030       Business regulations.

 

 

5.09.010          License required.

    No person shall engage in the business of selling new or used motor vehicles, or both, without first having obtained a license therefor as provided in this chapter.

    "Selling" includes bartering, exchanging or otherwise dealing in new or used vehicles.       "Sublot" means a car lot owned by a person who has been issued a new or used car dealer license for a principal place of business that is separated from said principal place of business by more than one hundred feet. (Ord. 2012-332 (part): prior code §§ 20-1, 20-2).

 

 

5.09.020          License application.

    Application for such license shall be made on a verified written statement to the finance director and shall state:

    A.    The name of the applicant and, if a corporation, the name of the principal officers and the name of the person the corporation shall designate as manager;

    B.    The location where the business is to be conducted;

    C.    The length of time the applicant has resided in the city and, if a corporation, the length of time the manager or person or persons in charge have resided in the city;

    D.    The type of shop the applicant maintains in connection with its principal place of business and whether it is equipped to service and repair the types and makes of cars which the applicant proposes to sell;

    E.     The approval of required facilities by the state department of public safety;

    F.     Such other reasonable and pertinent information as the finance director shall from time to time require. (Ord. 2012-332 (part): Prior code § 20-3).

 

 

5.09.030          Business regulations.

    A.    No license shall be given to any applicant unless the applicant has shop facilities and equipment in connection with the applicant's principal place of business to satisfactorily repair and service the makes and types of cars that the applicant proposes to sell, and at all times has a competent mechanic in charge; and meets the other requirements imposed by this chapter.

    B.    That the proposed business shall not create a nuisance or fire hazard or jeopardize the public safety.

    C.    The minimum square feet for a new or used car lot, either as a principal place of business or as a sublot shall be ten thousand square feet.

    D.    The principal place of business shall have repair stalls and shop facilities in conformance with the following requirements:

 

Maximum

Number of

 

Number of Cars

Repair Stalls

 

1-10

1

 

11-20

2

 

21-50

4

 

51-100

6

 

101-200

8

 

> 200

10

    The following restrictions shall apply to the above-mentioned requirement:

    1.     All the shop facilities required by this chapter must be owned, leased, or otherwise controlled by the licensee or applicant.

    2.     Under no circumstance will the mere borrowing of another's shop facilities in order to comply with this chapter be deemed compliance.

    E.     Areas separated by a street or alley may be considered as a single principal lot or sublot only if the areas are within one hundred feet of each other.

    F.     The licensee shall be entitled to have one motor vehicle for each two hundred forty square feet in the licensed area.

    G.    Notwithstanding the requirements for off-street parking contained in Chapters 17.30 and 17.44, motor vehicle dealerships shall provide at least one off-street parking space for customer use for each repair stall required under this chapter.

    H.    It is unlawful for any person to operate a motor vehicle dealership unless the surface of such motor vehicle dealership lot has first been paved in conformance with the requirements of Davenport Municipal Code Chapter 17.56.  If an applicant is able to demonstrate that he or she is waiting for a Department of Natural Resources permit concerning an underground storage tank, a temporary surface of seal-coated gravel will satisfy the requirements of this section for a period of twelve months immediately succeeding the application date. Upon proper demonstration that DNR approval is still pending, the twelve-month period may be renewed for a like time period.  It is unlawful for any person operating or concerned with the operation of an outdoor motor vehicle parking space in the city to permit dust, dirt, or other debris to accumulate upon the surface of such parking space or to blow from such surface.

    I.      All motor vehicles must be stored on the licensee's paved parking surface. Under no circumstance shall a licensee store, park or otherwise place, or permit the storing, parking or placing of motor vehicles upon the public sidewalks, streets, or within the public right-of-way.

    J.     No cars shall be stored within a thirty foot visibility triangle at the intersection of two streets (measured along the right-of-way lines of the two streets).

    K.    The provisions of this chapter expressly apply to motor vehicle dealerships. Any requirements not contained in this chapter, but expressly contained in Chapters 17.30, 17.42, or 17.44, shall also govern the operation of a motor vehicle dealership. (Ord. 2012-332 (part): Ord. 92-417 § 1 (part): Ord. 77-1071 § 1: prior code §§ 20-6, 20-7, 20-11).

 

 

 

Chapter 5.10  ALCOHOLIC BEVERAGE CONTROL

 

Sections:

    5.10.010       Purpose.

    5.10.020       Definitions.

    5.10.030       Liquor control license or wine or wine or beer permitEligibility.

    5.10.040       Liquor control license or wine or beer permitConditions for approval.

    5.10.050       Classification of beer permits.

    5.10.060       Classification of liquor control licenses.

    5.10.070       Reserved.

    5.10.080       Separate license for each place of business.

    5.10.090       Permits and licensesApplicationBond.

    5.10.100       Permits and licensesApplicationInvestigation.

    5.10.105       Permits and licensesDistance separation provisions.

    5.10.106       Carryout only liquor additional requirements.

    5.10.107       All licenses and permits-Additional requirements.

    5.10.110       Permits and licensesApplication for renewal.

    5.10.120       Permits and licensesProof of financial responsibility.

    5.10.130       Permits and licensesFees.

    5.10.140       Permits and licensesAdditional fee for Sunday sales.

    5.10.150       Permits and licensesGrandfather effect.

    5.10.160       Nature of license or permit.

    5.10.170       Action by council.

    5.10.180       Expirations.

    5.10.190       Refunds.

    5.10.200       Transfer of licenses and permits.

    5.10.210       Prohibited sales and acts.

    5.10.220       Advertisement signs prohibited.

    5.10.230       Suspension and revocationCauses.

    5.10.240       Revocation and suspensionHearing.

    5.10.250       Revocation and suspension notice.

    5.10.260       Revocation and suspensionAppeal and hearing.

    5.10.270       Effect of revocation.

    5.10.275       Civil penalty in lieu of license revocation.

    5.10.280       Consumption in public placesIntoxication.

    5.10.285       Restrictions on open containers.

    5.10.290       Persons under legal age.

    5.10.300       Regulation of minors in beer and liquor establishments.

    5.10.310       Violations-Penalties.

 

5.10.010          Purpose.

    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 and liquor, for the protection of the safety, morals and general welfare of this community. (Ord. 2012-332 (part): prior code § 7-1).

 

5.10.020          Definitions.

    Where word 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 in this chapter, shall have the following meanings:

    A.    "Commercial establishment" means a place of business which is at all times equipped with sufficient tables and seats to accommodate twenty-five persons at one time, and the licensed premises of which conform to the ordinances of this city.

    B.    "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.    "Public or private elementary or secondary school" means those schools approved or accredited under the standards of the state department of education.

    D.    "Grocery store" means any retail establishment, the principal business of which consists of the sale of food or food products for consumption off the premises. The volume of sales of all other items, commodities and materials shall be included with the volume of sales of beer, and sales of beer shall not equal or exceed fifty percent of the dollar volume of all sales made by the establishment to meet the test that food sales must be the principal business thereof.

    E.     "Hotel" or "motel" means a premises licensed by the state department of inspections and appeals and regularly or seasonally kept open in a bona fide manner for the lodging of transient guests, and with twenty or more sleeping rooms.

    F.     "Legal age" means twenty-one years of age or more.

    G.    "Person of good moral character" means any person who meets all of the following requirements:

    1.     The person has such financial standing and good reputation as will satisfy the city council and the administrator that the person will comply with the Iowa Alcoholic Beverage Control Act and all other laws, ordinances and regulations applicable.

    2.     The person does not possess a federal gambling stamp.

    3.     The person is not prohibited by the provisions of this chapter from obtaining a liquor license or a wine or beer permit.

    4.     The person is a citizen of the United States and resident of the state or licensed to do business in the state in the case of a corporation. Notwithstanding paragraph 6, in the case of a partnership, only one partner need be a resident of this state.

    5.     The person has not been convicted of a felony. However, if the felony conviction occurred more than five years before the application for a license or permit, and if the person's rights of citizenship have been restored by the Governor, the administrator may determine that the person is of good moral character notwithstanding such conviction.

    6.     If such 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 has an interest of ten percent or more in the ownership or profits of such person. For the purpose of this provision, an individual and his spouse shall be regarded as one person.

    H.    "Pharmacy" means a drugstore 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.

    I.      "Carry-out liquor sales establishment" means any retail establishment other than a grocery store or pharmacy for which a Class E liquor control license has been issued that allows the sale of alcohol or alcoholic beverages in closed containers for off-premises consumption. (Ord. 2013-329 § 1 (part); Ord. 2012-332 (part): Ord. 2000-304 § 3: Ord. 98-127 § 1: Ord. 89-186 §§ 1, 2: Ord. 85-647 § 1: Ord. 79-1203 § 2: Ord. 79-1049 § 1: prior code § 7-2).

 

5.10.030          Liquor control license or wine or beer permit - Eligibility.

    Upon meeting the requirements imposed by state law and the ordinances of this city, a person who is twenty-one years of age or more, of good moral character as defined by state law and this chapter, may apply for a liquor control license or a wine or 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 twenty-one years of age or more, of good moral character as defined by state law and this chapter. (Ord. 2012-332 (part): Ord. 89-186 § 3: prior code § 7-3).

 

5.10.040          Liquor control license or wine or beer permit - Conditions for approval.

    An applicant for a liquor control license or a wine 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 during business hours at the licensee or permittee to inspect for violation of the provision of state law and of this chapter. Specific conditions for approval are as follows:

    A.    No liquor control license or wine 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 licensee shall have or maintain any interior access to residential or sleeping quarters unless permission is granted by the administrator in the form of a living quarters permit.

    C.    The premises for which a class B beer permit is sought must be located within a business district or an area now or hereafter zoned as a business district and conform to the zoning requirements of this city.

    D.    The premises of a class B beer permit shall, at the time of the application, continue to be equipped with sufficient tables and seats to accommodate twenty-five persons at one time.

    E.     Any premises for which a class "E" liquor control license or a class "B" wine or a class "C" beer permit is sought or has been issued shall have visual access which shall provide at all times a clear and unobstructed view into the premises through the entryway and any exterior windows thereof from the adjacent sidewalk, parking area, street or other public area. In order to satisfy the clear and unobstructed view requirement, establishments shall restrict entryway and window signage and merchandise displays, inside and outside of the building, so as not to obscure sightlines into the interior of the building from the adjacent sidewalk, parking area, street or other public area, in general; and of the cash register counter area, in particular. At a minimum, the bottom edge of window signage shall be located not less than seven feet above the interior floor level; exterior merchandise displays, supplies and equipment located on the outside of such premises in the area of the cash register counter area shall not exceed the height of the cash register counter; exterior merchandise displays, supplies and equipment located on the outside of such premises in an area away from the cash register counter area shall not exceed the height of the interior display racks or shelving the top of which should be visible over the exterior display, supplies or equipment; cash register counter interior merchandise displays shall not be located between the cash register counter area and the window facing the parking area. (Ord. 2012-332 (part): Ord. 2004-575 § 8: Ord. 2000-304 § 2: Ord. 89-186 § 4: Ord. 79-943: prior code § 7-4).

 

5.10.050          Classification of beer permits.

    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 or off the premises.

    B.    Class C. A class C beer permit shall allow 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. (Ord. 2012-332 (part): prior code § 7-5).

 

5.10.060          Classification of liquor control licenses.

    Liquor control licenses shall be classified as follows:

    A.    Class "A." A class "A" liquor control license may be issued to a club and shall authorize the holder to purchase alcoholic liquors from class "E" liquor 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 may be issued to a hotel or motel and shall authorize 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 license shall be effective throughout the premises described in the application.

    C.    Class "C." A class "C" liquor control license may be issued to a commercial establishment but must be issued in the name of the individuals who actually own the entire business and shall authorize 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 be sold for consumption off the premises.

    A special class "C" liquor control license may be issued and shall authorize 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 also be sold for consumption off the premises. The license issued to holders of a special class "C" license shall clearly state on its face that the license is limited.

    D.    Class "D." A class "D" liquor control license may be issued to a railway corporation, to an air common carrier, and to passenger-carrying boats or ships for hire with a capacity of twenty-five persons or more operating in inland or boundary waters, and shall authorize the holder to sell or furnish alcoholic beverages, wine, and beer to passengers for consumption only on trains, watercraft as described in this section, or aircraft, respectively. Each license is valid throughout the state. Only one license is required for all trains, watercraft, or aircraft operated in the state by the licensee.

    E.     Class "E." A class "E" liquor control license may be issued and shall authorize the holder to purchase alcoholic liquor from the division only and to sell the alcoholic liquor to patrons for consumption off the licensed premises and to other liquor control licensees. A class "E" license shall not be issued to premises at which gasoline is sold. A holder of a class "E" liquor control license may hold other liquor control licenses or wine or beer permits, but the premises licensed under a class "E" liquor control license shall be separate from other licensed premises. However, the holder of a class "E" liquor control license may also hold a class "B" wine or class "C" beer permit or both for the premises licensed under a class "E" liquor control license. (Ord. 2012-332 (part): Ord. 89-186 § 5: prior code § 7-7).

 

5.10.070          Reserved.

(Ord. 2012-332 (part): Repealed by Ord. 89-186 § 6).

5.10.080          Separate license for each place of business.

    Every person holding a class B or class C permit having more than one place of business where such beer is sold shall be required to have a separate license for each separate place of business, except as otherwise prohibited by state law. (Ord. 2012-332 (part): prior code § 7-8).

 

5.10.090          Permits and licenses—Application—Bond.

    A verified application for the original issuance or the renewal of a liquor control license or a wine or beer permit shall be filed at such time, in such number of copies, and in such form as the administrator shall prescribe, on forms prescribed by the administrator. The application shall be accompanied by the necessary fee and a bond, if required, and be filed with the city council for approval or disapproval. The bond, if required, shall be submitted in a form prescribed by the administrator and in an amount to be determined by state law. (Ord. 2012-332 (part): Ord. 89-186 § 7: prior code § 7-8).

 

5.10.100          Permits and licenses—Application—Investigation.

    Upon receipt of an original application, investigatory fee and fee for a liquor license or beer permit by the city clerk, it shall be forwarded to the chief of police who shall conduct an investigation and shall submit a written report on the applicant as to the truth of facts averred 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 they conform 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 offers. The city council by resolution shall set the amount of the investigatory fee. (Ord. 2012-332 (part): Ord. 2003-461 § 1: prior code § 7-10).

 

5.10.105          Permits and licenses—Distance separation provisions.

    A.    No application for a class A, class B, class C, or class E liquor store control license or a wine permit or a beer permit shall be approved if the property upon which such licensed or permitted activity will occur is located within six hundred feet, including public rights-of-way, of a state registered child development home, state licensed child care center, or public or private elementary or secondary school. However, an application within six hundred feet, but not immediately abutting, a state registered child development home or state licensed child care center may be approved if the city council upon a hearing grants a waiver to this rule. The city council may grant the waiver if it determines the following exists: (1) the affected child development home or care center consents to the granting of the waiver; or (2) sufficient buffering exists to adequately mitigate the visual, sound, and foot traffic likely to be generated by the applicant, such as: (a) an arterial roadway as defined in section 17.04.010.15, (b) at least one hundred feet of natural buffering like woods, ravines, waterways, or wetlands, or (c) similar or greater visual, sound, and physical separation as set forth in paragraphs (a) and (b) immediately above. "Physical separation" refers to the ease and options for pedestrian movement.

    B.    The prohibitions contained in subsections A and F shall not apply to hotels offering restaurant service, formally organized clubs operated solely for objects of national or state-wide social, patriotic, benevolent or similar purposes, pharmacies, or restaurants where the sale of alcoholic beverages is not the principal business carried on; nor to the renewal of a license or permit for the sale and consumption on premises that are located within six hundred feet of a state registered child development home, state licensed child care center or school if the premises was previously licensed or permitted prior to the establishment of the distance separation limitation and said license or permit has not expired or lapsed for a period of six months or more.

    "Hotel" as used in this section means a premises licensed by the state and regularly kept open for the lodging of transient guests but does not include a facility licensed as a bed and breakfast. "Restaurant" as used in this section means any retail establishment, the principal business of which consists of the sale of food products for consumption on the premises. The volume of food sales—not including the sale of alcoholic beverages, tobacco sales and non-food product sales—shall not be less than fifty percent of the total dollar volume of sales made by the establishment. It shall be presumed that the sale of alcoholic beverages by the holder of a liquor control license or class B beer permit constitutes more than fifty percent of the volume of all sales, which presumption may be overcome by furnishing a verified statement of total dollar volume of all sales which also shows as separate line items total dollar sales figures for food, alcoholic beverages, tobacco sales and non-food product sales for the six months immediately preceding the application or renewal, or by providing an affidavit by the business's certified public accountant or chief financial officer stating the gross income breakdown, or a copy of the business's state income tax form showing the income breakdown. A business unable to rebut the presumption as provided shall be required to obtain a special use permit as provided for in Chapter 17.48, which permit, if approved, shall be conditioned upon the city's receipt of income information at the one year anniversary of the grant of the special use permit showing that the business does, in fact, meet the definition herein. Failure to rebut the presumption at the end of the first year by meeting the fifty percent nonalcoholic beverage income requirement disqualifies the business from continuing to hold a liquor license, beer or wine permit at the location for which the special use permit was granted. A statement as to how the business operation will or is proposed to operate or its estimated income projections are not sufficient or adequate to overcome the presumption.

    C.    A neighborhood market, grocery store or supermarket licensed for off-site consumption only shall not be subject to the limitations contained in subsections A and F of this section. A neighborhood market, grocery store or supermarket shall be generally defined as a business that offers for sale a wide variety of goods including, but not limited to, foodstuff, meat, dairy, eggs, fresh produce, fresh baked goods, drinks, pharmaceuticals, health care and hygienic products, and other household products that are regularly used in the home by consumers. A neighborhood market is the smallest of the exempt stores and has the least variety of product selections amongst the exempt stores. A convenience store, which is subject to the limitations contained in subsections A and F, is by contrast, a smaller store or shop of less than 4500 square feet with less product selection than a grocery store, generally accessible business hours, often located alongside busy roads. A convenience store can take the form of a gas station supplementing its income with retail goods or a retail store that has added gas to the list of goods it has to offer. Size of the facility and limited product selection are key differences between a neighborhood market/grocery store/supermarket and a convenience store; another would be supermarket customers frequently shop by putting their product selections into a shopping cart or basket.

    D.    Distance requirements in this section shall be measured by a straight line between the closest point on the parcel to be licensed or permitted to the nearest point on the parcel or parcels of real estate occupied by a state registered child development home, state licensed child care center, public or private elementary or secondary school, other liquor licensed or permitted establishment, or parcel zoned for residential use as the case may be.

    E.     An application for an outdoor service area that is located within six hundred feet of a state registered child development home, state licensed child care center, or public or private elementary or secondary school shall not be granted unless the outdoor service area is enclosed within a visual barrier, screening or privacy fencing, which shall be at least six feet in height on all sides of the service area that are visible from the state registered child development home, state licensed child care center, or school, and of a sufficient construction to prevent the viewing of activities within the outdoor service area from the state registered child development home, state licensed child care center, or school.

    F.     No carry-out liquor sales establishment as defined in Chapter 5.10 shall be located within one-quarter mile of another existing carry-out liquor sales establishment in the area within and adjacent to Downtown Davenport, hereby defined as the area enclosed by the following: Beginning at the intersection of South Marquette Street and the seawall of the Mississippi River, north along the centerline of Marquette Street to the centerline of West 6th Street, east along the centerline of 6th Street to the centerline of Iowa Street, south along the centerline of Iowa Street to the centerline of Federal Street, east and southeast along the centerline of Federal Street and as extended to the seawall of the Mississippi River, and west along said seawall to the point of beginning. Any carry-out liquor sales establishment established prior to the effective date of this paragraph (adopted October 9, 2013 by Ordinance 2013-329) that is nonconforming with regard to the separation requirement between said uses, as specified in this title, may continue unless one or both of these conditions occur, then nonconforming rights cease and the use must convert to a conforming use:

    1.     The liquor license lapses, is revoked or is discontinued for a period of one year; or,

    2.     There are changes to the use such that the use no longer meets the definition of a carry-out liquor sales establishment.

    G.    The distance limitation provisions of this section shall not apply to applications for temporary five day licenses or permits; nor shall they be applied to an application for a new license or permit at a location that held a valid license or permit within six months' time prior to the filing of the new application, including locations where a valid license or permit was held on July 1, 2008.

(Ord. 2017-26 § 5: Ord. 2015-193: Ord. 2015-82: Ord. 2012-332 (part): Ord. 2011-441 § 2: Ord. 2011-381: Ord. 2011-361: Ord. 2009-395 § 1: Ord. 2008-369 § 1: Ord. 2008-247 § 1: Ord. 2004-575 §§ 5–7: Ord. 2000-304 § 1, 4: Ord. 91-256 § 1: Ord. 85-647 § 2: Ord. 81-886 § 1).

 

5.10.106          Carryout only liquor additional requirements.

    In addition to all other requirements, carryout only class E Liquor licensees must: 1) a) keep all liquor in a location that, while visible, is behind a counter accessible only to employees, b) employ an electronic security cap or tag system, or c) have more than one employee on duty at all times the licensed premises is open; 2) maintain a video surveillance system with coverage in accordance with reasonable business judgment that records in a format that is viewable by the police department (licensee may require a subpoena prior allowing access); 3) perform a Crime Prevention Through Environmental Design ("CPTED") analysis of the location with the police department; 4) institute a strict no loitering policy and cooperate with police in addressing loitering on the premises; 5) have no more than thirty-five percent of the store's interior display area (measured in cubic feet) dedicated to beer, wine, or liquor; or 6) not have any public pay phones on the property unless otherwise required by existing contractual obligation as of October 1, 2011 or state or federal law; 7) keep the premises free from litter and debris related to the store's business; 8) provide 24-hour contact information for a manager or owner to the police department and the owners of the immediate neighboring properties and provide, upon request at the store by the public, the contract information of the manager or owner; and 9) be a store of at least one thousand square feet in size. For newly licensed premises a notice shall be sent by the city to all property owners within two hundred feet of the proposed location informing them of the pending application and the approval process. A "new" licensed premises is any location that has not had a current carryout only liquor license for a period of six months. "Liquor," "beer" and "wine" are defined in Iowa Code §123.3. For the purposes of this section licensees affiliated or associated with or under the management and supervision of a grocery store may use the affiliated, associated or supervising grocery store's display area and employee headcount when determining compliance with the above criteria even if there is physical separation between the licensed premises and the grocery store. (Ord. 2012-332 (part): Ord. 2011-541 § 1).

 

5.10.107          All licenses and permits- Additional requirements.

    A.    No business holding a liquor license or a beer or wine permit shall sell or dispense alcoholic beverages via a drive through or walk-up window.

    B.    The business must satisfy the following criteria, in addition to all other existing city ordinances, rules and regulations, including, but not limited to those concerning noise, lights, and nuisance behavior and conditions:

    1.     The business is sufficiently separated from any adjoining residential area by distance, landscaping, walls or structures to prevent any noise, vibration or light generated by the business from having a significant detrimental impact upon the adjoining residential uses.

    2.     The business will not increase congestion on the streets in any adjoining residential area by its customers or employees frequently parking in front of the residences of others. Business locations in operation prior to 1965 are exempt from this requirement.

    3.     Any parking area provided for use of customers of the business shall be illuminated at an intensity of at least one footcandle of light on the parking surface. Parking lot lighting shall be limited to downcast luminaires. Parking lot lighting shall be directed away from nearby residential properties and city streets;

    4.     Attractive litter and trash receptacles shall be located at convenient locations inside and outside the premises, and operators of such business shall remove all trash and debris from the premises and adjoining public areas on a daily basis.

(Ord. 2017-26 § 6)

 

5.10.110          Permits and licenses—Application for renewal.

    Upon receipt of an application for the renewal of a liquor license 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 answered in the application and a recommendation to the city council as to the approval of the license permit. (Ord. 2012-332 (part): prior code § 7-11).

 

5.10.120          Permits and licenses—Proof of financial responsibility.

    Every liquor control licensee and class "B" permittee shall furnish proof of financial responsibility either by the existence of a liability insurance policy or by posting bond in such amount as determined by the division. (Ord. 2012-332 (part): Ord. 89-186 § 8; prior code § 7-12).

 

5.10.130          Permits and licenses—Fees.

    The necessary fees to obtain a liquor control license or a wine or beer permit shall be paid annually in the manner prescribed by the administrator. The amount of the license or permit shall be determined by the applicable state law. (Ord. 2012-332 (part): Ord. 89-186 § 9: prior code § 7-13).

 

5.10.140          Permits and licenses—Additional fee for Sunday sales.

    Any club, hotel, motel or commercial establishment holding a liquor control license, subject to Section 5.10.210B, may apply for and receive permission to sell and dispense alcoholic liquor and wine to patrons on Sunday for consumption on the premises only, and beer for consumption on or off the premises between the hours of 10:00 a.m. and twelve midnight on Sunday. For the privilege of selling beer, wine, and alcoholic liquor on the premises on Sunday the liquor control license fee of the applicant shall be increased by twenty percent of the regular fee prescribed for the license pursuant to this section, and the privilege shall be noted on the liquor control license. (Ord. 2012-332 (part): Ord. 89-186 § 10: prior code § 7-14).

 

5.10.150          Permits and licenses—Grandfather effect.

    The city council at any time after passage and publication of the ordinance codified in this chapter may repeal the authorization to sell on Sunday. Any license or permit for which the increased fee for Sunday sales has been paid and which is in effect at the time of such repeals shall remain effective until its date of expiration, unless sooner suspended or revoked. (Ord. 2012-332 (part): prior code § 7-15).

 

5.10.160          Nature of license or permit.

    A liquor control license or a wine or beer permit shall be a purely personal privilege and be revocable for cause. It shall not constitute property nor be subject to attachment and execution nor be alienable nor assignable, and in any case it shall cease upon the death of the permittee or licensee. However, the administrator may in the administrator's discretion allow the executor or administrator or 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 applicant, and no person holding a permit or license shall allow any other person to use same. (Ord. 2012-332 (part): Ord. 89-186 § 11: prior code § 7-16).

 

5.10.170          Action by council.

    Action taken by the city council shall be so endorsed on the application and thereafter the application, fee and bond, if required, shall be forwarded to the division for such further action as is provided by law.

    An applicant's request for an outdoor service area privilege, for which the city council has not issued a letter of approval, shall not be resubmitted to the city council for consideration less than six months from the date of the city council's decision not to issue a letter of approval. This prohibition does not apply to an applicant's request for a temporary outdoor service area privilege. (Ord. 2012-332 (part): Ord. 2005-180 § 1: Ord. 2005-147 § 1: Ord. 89-186 § 12: prior code § 7-17).

 

5.10.180          Expirations.

    All liquor control licenses and wine or beer permits, unless sooner suspended or revoked, shall expire one year from date of issuance. Six-month or eight-month seasonal licenses or beer permits may be issued for a proportionate part of the license or permit fee. No seasonal license or permit shall be renewed except after a period of two months. Seasonal licensing shall be only as permitted by state regulation. (Ord. 2012-332 (part): Ord. 89-186 § 13: prior code § 7-18).

 

5.10.190          Refunds.

    A.    Any such licensee or permittee, or his 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 creditors, may voluntarily surrender such license or permit to the division and when so surrendered the division 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 surrendering the license or permit a proportionate amount of the fee paid for such license or permit as follows:

    1.     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;

    2.     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;

    3.     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;

    4.     No refund shall be made, however, for a liquor control license or wine or beer permit surrendered more than nine months after issuance;

    5.     No refund shall be made for seasonal or fourteen day licenses or permits.

    B.    No refund shall be made to any licensee or permittee, upon the surrender of his license or permit, if there is at the time of said surrender a complaint filed with the division or the city charging him with a violation of this chapter or provisions of the state alcoholic beverages control act.

    If upon hearing on any such 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 as provided in this section. But if the license or permit is revoked or suspended upon such hearing the licensee or permittee shall not be eligible for the refund of any portion of license or permit fee. (Ord. 2012-332 (part): Ord. 89-186 § 14: prior code § 7-19).

 

5.10.200          Transfer of licenses and permits.

    The council will, 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 such transfer will not result in the violation of any law or ordinance. (Ord. 2012-332 (part): prior code § 7-20).

 

5.10.210          Prohibited sales and acts.

    A person or club holding a liquor license or retail value wine or beer permit or the person's or club's agents or employees shall not do any of the following:

    A.    Sell, dispense, or give to any intoxicated person, or one simulating intoxication, any alcoholic liquor 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 thereof between the hours of 2:00 a.m. and 6:00 a.m. on any weekday, and between the hours of 2:00 a.m. on Sunday and 6:00 a.m. on the following Monday, except as provided in the following paragraphs.

    1.     However, a holder of a liquor control license, wine or beer permit granted the privilege of selling alcoholic liquor, wine or beer on Sunday may sell or dispense such liquor, wine or beer between the hours of 10:00 a.m. and midnight on Sunday.

    2.     No privilege of selling alcoholic liquor, wine or beer on Sunday, as provided in Sections 5.10.140 and 5.10.200, shall be granted to a club or other organization which places restrictions on admission or membership in the club or organization on the basis of sex, race, religion, or national origin. However, the privilege may be granted to a club or organization which places restrictions on membership on the basis of sex, if the club or organization has an auxiliary organization open to persons of the other sex;

    C.    Sell alcoholic liquor, wine or beer to any person on credit, except with a bona fide credit card. This provision shall not apply to the 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 eighteen years of age in the sale or serving of alcoholic liquor or beer for consumption on the premises where sold;

    E.     Sell, give, or otherwise supply any alcoholic beverage, wine, or beer to any person, knowing or failing to exercise reasonable care to ascertain whether the person is under legal age, or permit any person, knowing or failing to exercise reasonable care to ascertain whether the person is under the legal age, to consume any alcoholic beverage, wine, or beer.

    F.     In the case of a retail beer or wine permitted, knowingly allow the mixing or adding of alcohol or any alcoholic beverage to beer, wine or any other beverage in or about the permittee's place of business;

    G.    Keep, or allow to be kept, gambling devices of any kind or description on the premises or knowingly permit solicitation for immoral purposes, or immoral disorderly conduct on the premises covered by the license or permit, except games of chance permitted by state law;

    H.    Reuse for packaging alcoholic liquor or wine any container or receptacle used originally for packaging alcoholic liquor or wine; or adulterate, by the addition of any substance, the contents or remaining contents of an original package of an alcoholic liquor or wine; or knowingly possess any original package which has been so reused or adulterated;

    I.      Knowingly permit or engage in any criminal activity on the premises covered by the license  or permit.

    J.     No business required to hold a liquor license or beer or wine permit shall sell or dispense alcoholic beverages via a drive-through or walk-up window.

    K.    If business has ceased for a period of six months or more on any parcel of property for which a special use permit as provided in Section 17.48.020 was required and obtained, any new business for which a special use permit would be required shall, prior to operating from that same property, be required to apply for and obtain its own special use permit.

    L.     Any application or renewal which requests a change in class of license or permit from a less permissive privilege to a more expansive privilege shall require the licensee or permittee to obtain a special use permit as provided by Section 17.48.020.

    M.    The operation of a business required to hold a liquor license or beer or wine permit shall obtain a special use permit as approved by the zoning board of adjustment unless such business can establish that it qualifies as one of the businesses that is identified in subsections B and C as exempt, i.e., a hotel, restaurant, grocery store or pharmacy whose sales of alcoholic beverages do not account for more than fifty percent of gross income. Any business that does not have previous operations experience upon which to establish that it qualifies for an exemption shall obtain a special use permit. (Ord. 2012-332 (part): Ord. 2008-247 § 2: Ord. 2004-575 § 1: Ord. 98-110 § 1: Ord. 89-186 § 15: Ord. 79-1049 § 2: prior code § 7-21).

 

5.10.220          Advertisement signs prohibited.

    A.    No signs or other matter advertising any brand of alcoholic liquor, wine or beer shall be erected or placed upon the outside of any premises occupied by a licensee or permittee authorized to sell liquor, wine or beer at retail.

    B.    No signs or other matter advertising any brand of alcoholic liquor, wine or beer shall be erected, placed or posted upon the inside of any premises occupied by a licensee or permittee authorized to sell liquor, wine or beer that is located within three hundred feet of any licensed day care center or public or private elementary or secondary school such that the sign or other matter advertising liquor, wine or beer is visible from the day care or school.

(Ord. 2012-332 (part): Ord. 2000-304 § 5; Ord. 89-186 § 16: prior code § 7-22).

 

 

5.10.230          Suspension and revocation causes.

    A liquor license or a wine or beer permit may be suspended for a period up to one year, or revoked, for violations of law including city ordinances, following notice in writing and hearing, and shall be revoked in accordance with the provisions of state law for any of the following causes:

    A.    Misrepresentation of any material fact in the application for such license or permit;

    B.    Violation of any of the provisions of the state alcoholic beverage 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 wine or beer permit, which change was not previously reported to and approved by the city and the division;

    D.    An event which would have resulted in disqualification from receiving such license or permit when originally issued;

    E.     Any sale, hypothecation, or transfer of such license or permit;

    F.     The failure or refusal on the part of any licensee or permittee to render any report or remit any taxes to the division under the state act. (Ord. 2012-332 (part): Ord. 89-186 § 17: prior code § 7-23).

 

5.10.240          Revocation and suspension-Hearing.

    Hearing on suspension of wine or beer permits and liquor licenses shall be before the city council. The hearing shall be held at the city hall and shall be presided over by the mayor or mayor pro tem. At such hearing a quorum of the council and the mayor or mayor pro tem shall be present. The licensee may be, but is not required to be present. The licensee or permittee may be represented by an attorney of the licensee or permittee's choice, which is privately retained. At such hearing, the city shall be represented by counsel from the legal department who shall present the evidence for the city. The licensee and the city may present witnesses and other relevant testimony and shall have the right to cross examine opposing witnesses, to challenge all nonwitness testimony, and to make appropriate final arguments. The hearing may be adjourned for cause for not more than seven days. Decisions shall be on the record with a record vote taken. If at the hearing the facts establish one or more of the causes set out in Section 5.10.230, then the council, as hereinabove provided, shall suspend the permittee's license for such period of time as provided in Section 5.10.310C. (Ord. 2015-117 § 7: Ord. 2012-332 (part): Ord. 89-186 § 18: Ord. 79-1203 § 3: prior code § 7-24).

 

5.10.250          Revocation and suspension notice.

    The permittee or licensee shall be served with a notice of time and place of hearing on suspension of wine or beer permit and liquor license in the manner of serving original notices under the Iowa Rules of Civil Procedure, as amended. Publication of such notice shall not be permitted. (Ord. 2012-332 (part): Ord. 89-186 § 19: prior code § 7-25).

 

5.10.260          Revocation and suspension—Appeal and hearing.

    The right of appeal to the hearing board shall be afforded a liquor control licensee or a wine or beer permittee whose license or permit has been suspended or revoked. Any applicant who feels aggrieved by a decision of the administrator or city disapproving, suspending, or revoking issuance of a liquor control license or a wine or beer permit may, provided the licensee or permittee has exercised the right of appeal to the hearing board as provided by a state law, appeal from said decision within ten days to the district court of the county wherein the premises covered by the application are situated. The city may appeal a decision of the hearing board within ten days to the district court of the county wherein the premises covered by the application are situated. (Ord. 2012-332 (part): Ord. 89-186 § 20: prior code § 7-26).

 

5.10.270          Effect of revocation.

    Any liquor control licensee or wine or beer permittee whose license or permit is revoked under the state alcoholic beverage control act shall not thereafter be permitted to hold a liquor control license or a wine or beer permit in the state for a period of two years from the date of such 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 a wine or beer permit, and no liquor control license or wine or beer permit shall be issued which covers any business in which such 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 had been covered by such license or permit shall not be relicensed for one year. (Ord. 2012-332 (part): Ord. 89-186 § 21: prior code § 7-27).

 

5.10.275          Civil penalty in lieu of license revocation.

    A liquor control license or a wine or beer permit may be suspended pursuant to Section 5.10.310C. If the licensee or permittee, or an employee thereof, is convicted of a first offense violation of Section 5.10.210E, the city council shall impose a civil penalty in the amount of five hundred dollars in lieu of the suspension of the license or permit. The civil penalty shall be retained by the city. The licensee or permittee may appeal the imposition of the penalty to the administrator of the Alcoholic Beverages Division of the State of Iowa.  (Ord. 2012-332 (part): Ord. 2004-575 § 3: Ord. 89-186 § 22).

 

5.10.280          Consumption in public places—Intoxication.

    A.    It is unlawful for any person to use or consume alcoholic liquors, wine or beer upon the public streets or highways, or in any public place except premises covered by a liquor control license, unless otherwise provided by this section; and no person shall be intoxicated or simulate intoxication in any public place.

    B.    It is unlawful for any person to consume or otherwise possess alcoholic liquors, wine or beer within any park as defined in Section 12.72.020C, unless otherwise provided by this section. Any person violating this subsection may be ejected from the park area by a park and recreation officer or by any police officer, and may be proceeded against under subsection F of this section.

    C.    Beer may be possessed and consumed within a park area by any person or group which has been issued a valid beer consumption permit for that area by the director of parks and recreation. Said permit shall state the person or group to whom issued, the park area to which it applies, and the date and hours during which it is effective.

    D.    The director of parks and recreation may issue a beer consumption permit when the applicant for said permit has:

    1.     Identified the park area to be used, the use to which the area will be put, the times at which the area will be used, and the person or group to whom the permit is to be issued; and

    2.     Deposited with the park and recreation department a sum of not less than fifty dollars nor more than two hundred fifty dollars, contingent upon the size of the group, to cover any expenses incurred by the department for cleanup of the park area after the applicant's use thereof. Any amount not needed to cover clean-up expenses shall be refunded to the applicant within three days after the applicant's use of the park.

    E.     Notwithstanding the provisions of subsections A through D above, the director of parks and recreation shall provide by rule for the consumption of beer upon the public golf courses, and shall have the authority to provide by rule for the sale of beer upon the public golf courses.

    F.     Any person violating any provisions of this section may be fined not to exceed one hundred dollars or sentenced not to exceed thirty days imprisonment. (Ord. 2012-332 (part): Ord. 89-186 § 23: Ord. 78-612: prior code § 7-28).

 

5.10.285          Restrictions on open containers.

    A driver of a motor vehicle or a passenger in a motor vehicle operated upon a public street or highway shall not possess in the passenger area of the motor vehicle an open or unsealed bottle, can, jar, or other receptacle containing an alcoholic beverage.  "Passenger area" means the area designed to seat the driver and passengers while the motor vehicle is in operation and any area of the motor vehicle that is readily accessible to the driver or a passenger while in their seating positions, including but not limited to the glove compartment.

    An open or unsealed receptacle containing an alcoholic beverage may be transported in the trunk of the motor vehicle provided it is not readily accessible to the driver or a passenger.  "Readily accessible" means available to the driver or a passenger without the driver or passenger having to move from their seated position.  An unsealed receptacle containing an alcoholic beverage may be transported behind the last upright seat of a motor vehicle if the motor vehicle does not have a trunk provided it is not readily accessible to the driver or a passenger.  This section shall not be interpreted to prohibit a passenger being transported in a motor vehicle that is licensed and used as vehicle for hire, or a passenger being transported in the living quarters of a motor home from possessing an open or unsealed receptacle in the passenger area of the vehicle for hire or the living area of the motor home. (Ord. 2012-332 (part): Ord. 2000-04 § 1: Ord. 89-186 § 24).

 

5.10.290          Persons under legal age.

    A.    A person or persons under legal age shall not purchase or attempt to purchase, or individually or jointly have in their possession or control alcoholic liquor, wine or beer.  For purposes of this section, joint possession or control of alcoholic liquor, wine or beer is defined as any alcoholic liquor, wine or beer that is available to a person without the person having to move from their position.

    B.    Subsection A shall not prohibit the giving or dispensing of liquor, wine or beer to a person under legal age within a private home and with the knowledge, presence of, and consent of the parent or guardian.

    C.    Subsection A shall not prohibit a person under the legal age from handling alcoholic beverages, wine, and beer during the regular course of the person's employment by a liquor control licensee, or wine or beer permittee under state law. (Ord. 2012-332 (part): Ord. 2000-04 § 2: Ord. 98-110 § 2: Ord. 89-186 § 25: prior code § 7-29)

 

5.10.300          Regulation of minors in beer and liquor establishments.

    A.    It is unlawful for any person under legal age to enter, remain in or frequent an establishment holding a liquor license or class B beer permit in which the sale of alcoholic liquor or beer constitutes more than fifty percent of the gross receipts from the licensed premises, unless accompanied by a parent or legal guardian of such person. Any person, firm or corporation claiming that the sale of alcoholic liquor or beer constitutes fifty percent or less of the gross receipts from such establishment shall be required to prove the same for purposes of enforcement of this section. Although an establishment qualifies under the above fifty percent rule, no person under the legal age shall remain on the premises thirty minutes after the kitchen facilities have closed.

    B.    It is unlawful for any person operating an establishment holding a liquor license or a class B beer permit to allow any person under legal age to remain in the establishment in violation of subsections A and C of this section.

    C.    The provisions of this section shall not apply to any person under legal age who:

    1.     Is a regular employee performing regular duties during the course of employment; provided, however, such person shall not be allowed to sell or serve alcoholic liquor or beer for consumption on the premises where sold;

    2.     Enters and remains in for a period not to exceed ten minutes an establishment holding a liquor license or class B beer permit for the sole purpose of purchasing beverages other than alcoholic liquor or beer, or purchasing food stuffs, neither of which shall be consumed on the premises; provided, that no person shall be exempt under the provisions of this subsection who consumes any such beverage or food stuffs on the premises or remains therein longer than for a period of ten minutes.

    3.     Enters and/or remains in an establishment holding a liquor license or class B beer permit on a night that has been established by the business owner or manager as a night reserved for persons under the legal age, provided that the business owner or manager has notified the city clerk and police department in writing that said night or nights are reserved for customers age twenty and under, and provided that no beer, wine, or liquor will be served or sold by the licensee or permittee on said "reserved night or nights." Written notification shall be provided to the city at least two weeks prior to the establishment of a reserved night. For purposes of this subsection, the "reserved night" shall be deemed to begin at 2:01 a.m. on the day so reserved and shall end at 2:00 a.m. the next day.

    4.     Is in a licensed premises where the sale of alcoholic beverages is incidental to the primary purpose of the establishment as a live entertainment venue or reception/banquet facility and where the licensee has received a letter of exemption based on a written plan to prevent nineteen and twenty year olds from obtaining alcoholic beverages from licensed premises or patrons thereof. "Live entertainment" does not include disc jockeys, mere playing of recorded music, light shows or displays, or social dancing.

A letter of exemption does not permit persons under the age of nineteen to enter, remain or frequent an establishment. A letter of exemption may be obtained by submitting a written plan and a fifty dollar processing fee to detail specific measures to be employed by the licensed premises to prevent nineteen and twenty year olds from obtaining alcoholic beverages from licensed premises or patrons thereof. The plan should be submitted to the council for approval. The plan may include a system by which persons under the age of twenty-one are readily distinguishable from persons who are not (e.g. wrist bands) and shall include safeguards to minimize subversion of the system. The council shall determine by clear and convincing evidence that the plan will effectively prevent persons under the legal age from obtaining alcohol. Once a letter of exemption is granted, it shall be required of the licensee and all agents and employees thereof, to insure the system is operational at all times. Failure of the system to be operational during business hours shall be deemed a violation of this subsection by the person employed by the licensee or permittee and the licensee or permittee. The letter of exemption shall expire and be reviewed by the council at the time of the renewal of the liquor license or Class B permit. At the time of renewal the licensee or permittee shall submit a one hundred dollar renewal fee. The council may suspend or revoke a letter of exemption for two or more violations of this subsection after notice and the opportunity for a hearing in front of council is afforded. A licensed premises whose primary purpose is to sell alcoholic beverages, commonly referred to as a bar or tavern, may apply for a nineteen/twenty year old exemption for an event under the terms and conditions specified above and contained in this paragraph. The event cannot be longer than two days in duration. A separate application must be made for each event accompanied by a statement from a peace officer, who has been privately hired by the licensee for the event for security purposes, that the licensee has hired the number and type of security personnel recommended by said officer for the event and what the level of staffing will be by block of time. In addition to the standards set forth above, council may deny the letter of exemption for an event if it determines the calls for service to the business on a per day average for the two most recent events is greater than the average for the previous three months.

    Nineteen and twenty year old patrons will not be allowed to be present on the licensed premises of an establishment with a letter of exemption after 11:00 p.m. on Sunday through Thursday night or between the hours of 12:20 a.m. to 2:00 a.m. on Saturday and Sunday morning. (Ord. 2015-117 § 8: Ord. 2012-332 (part): Ord. 2008-294 § 1: Ord. 2005-212 § 1: Ord. 98-127 §§ 2–5: Ord. 95-438 § 1: Ord. 79-1049 § 3: Ord. 75-319 § 1: prior code § 7-29.01).

 

5.10.310          Violations—Penalties.

    A.    A violation of any provision of this chapter may be charged as a municipal infraction or as a simple misdemeanor; however, a violation of Section 5.10.210E shall constitute a simple misdemeanor offense punishable by a scheduled fine of five hundred dollars upon conviction.

    B.    The conviction of any liquor control licensee or wine or beer permittee for a violation of any of the provisions of subsections A to I inclusive, of Section 5.10.210 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 Section 5.10.210B, 1, G or H or any wine or beer permittee is convicted of a violation of Section 5.10.210G or H, the liquor control license or wine or beer permit shall be revoked and shall immediately be surrendered by the holder, and any bond of the license or permit holder shall be forfeited to the department of beer and liquor control.

    C.    If any licensee, wine permittee, beer permittee, or employee of such licensee or permittee shall be convicted of a violation of Section 5.10.210E, or a retail wine or beer permittee shall be convicted of a violation of Section 5.10.210F, the city shall, in addition to the other penalties fixed for such violations by this section, assess a civil penalty as follows:

    1.     Upon a first conviction, the violator's liquor control license or beer permit shall be suspended for a period of fourteen days. However, if the conviction is for a violation of Section 5.10.210E, 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 five hundred dollars by the city. Failure to pay the civil penalty as ordered by Section 5.10.275 or this subsection shall result in an 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 permit shall be suspended for a period of thirty days. However, if the conviction is for a violation of Section 5.10.210E, the licensee or permittee shall also be assessed a civil penalty in the amount of one thousand five hundred dollars.

    3.     Upon a third conviction within a period of five years, the violator's liquor control license or beer permit shall be suspended for a period of sixty days. However, if the conviction is for a violation of Section 5.10.210E, the licensee or permittee shall also be assessed a civil penalty in the amount of one thousand five hundred dollars.

    4.     Upon a fourth conviction within a period of five years, the violator's liquor control license or beer permit shall be revoked. (Ord. 2012-332 (part): Ord. 2004-575 §§ 2, 4: Ord. 89-186 § 26: prior code § 7-30).

 

 

 

Chapter 5.11  BOTTLE CLUBS

 

Sections:

    5.11.010       Purpose.

    5.11.020       Definitions.

    5.11.030       Bottle club license required.

    5.11.040       License application and issuance.

    5.11.050       Bottle club regulations.

    5.11.060       Violations.

 

 

5.11.010          Purpose.

    In the adoption of this chapter, and as an aid in the construction, interpretation and enforcement of this chapter, the city council finds:

    A.    There has been an increase in the number of so-called private locker, private social, after-hours or bottle clubs where liquor, wine and or beer is kept, stored, sold or consumed.

    B.    There is an increasing tendency to establish such private locker, private social, after-hours or bottle clubs which do not have or may not require a permit or license from the Alcoholic Beverages Division of the State of Iowa in or near residential areas.

    C.    That the unlicensed and unregulated consumption of liquor leads to violations of law and is detrimental to the public health, welfare and morals and may degenerate into a public nuisance. 

    D.    That in many instances the establishment or creation of such private locker, private social, after-hours or bottle clubs is merely a scheme or device to circumvent the laws regulating the licensing and regulation of liquor establishments, placing of liquor establishments in prohibited areas and the payment of licensing fees.

    E.     That such practices tend to cause inconvenience, annoyance and nuisance to the public generally and to the neighborhoods in which they are located specifically and are detrimental to the good order, health, morals, public safety and welfare of the community as a whole. 

    For the foregoing reasons, it is the intent and purpose of this chapter to prohibit the establishment of a private locker, private social, after-hours or bottle club contrary to the provisions of this chapter and to prevent the use of any trick, artifice or evasion to circumvent the declared policy of this state and of the city in regulating the dispensing of intoxicating liquors within the city. (Ord. 2012-332 (part): Ord. 2012-163 § 1 (part)).

 

 

5.11.020          Definitions.

    As used in this chapter, unless the context otherwise requires:

    A.    "Alcohol" means the product of distillation of any fermented liquor rectified one or more times, whatever the origin thereof, including synthetic ethyl alcohol. 

    B.    "Alcoholic beverage" means any beverage containing more than one-half of one percent of alcohol by volume including alcoholic liquor, wine and beer.

    C.    "Club" means any nonprofit corporation or association of individuals that have filed articles with the state which exists for the promotion of some common object other than the sale or consumption of alcoholic beverages, membership in which entails the payment of dues; and which is not operated for a profit other than such profits as would accrue to the entire membership; and that is operated solely for objects of national or state-wide social, patriotic, recreational, benevolent or similar purpose. 

    D.    "Private locker, private social, after-hours or bottle club" means any group, corporation or association of individuals, not licensed or permitted by the Iowa Alcoholic Beverages Division, wherein members of the group, corporation or association provide their own or collectively keep or have alcoholic beverages readily accessible to said members  after payment of dues, membership fee, cover charge or something similar and where alcoholic beverages are consumed on the premises.  This definition does not include a private social gathering hosted by a private social host in their private residence or a private social gathering at a nonresidential location under the exclusive possession and control of the private social host for a non-repetitive special social event such as a wedding reception, anniversary party, birthday party, graduation party or similar event. 

    All words and phrases used in this chapter which are not defined herein shall have the meaning ascribed to such words and phrases in the Iowa Alcoholic Beverage Control Act unless a different meaning is clearly intended from the context. (Ord. 2012-332 (part): Ord. 2012-163 § 1 (part)).

 

 

5.11.030          Bottle club license required.

    No person shall keep, maintain, operate, lease any premises, building or place for use as a private locker, private social, after-hours or bottle club without first having obtained a bottle club license from the city as provided in this chapter. (Ord. 2012-332 (part): Ord. 2012-163 § 1 (part)).

 

 

5.11.040          License application and issuance.

    A.    An application for a bottle club license shall be made in conformance with the provisions of this chapter. 

    B.    The application shall be made and submitted in writing, signed by the applicant if an individual.  If the applicant is a corporation or association of individuals, the application shall be signed by the duly authorized agent thereof.  The application shall be verified by oath or affidavit and shall include the following statements and information:

    1.     In the case of an individual: the name, residence address, current telephone number and social security number; in the case of a corporation or association of individuals: the names, residence addresses and social security numbers of all officers, directors, partners, owners, and any persons directly or indirectly benefiting financially by an interest in the corporation or association; and the name, residence address, telephone number and social security number of all managers;

    2.     The character of the business of the proposed bottle club;

    3.     A description of the premises for which a license is desired which shall set forth such other material information, description, plan or drawing of that part of the premises where it is proposed to consume or keep alcoholic beverages, which description shall include the street address of the premises or place of business which is to be operated under such permit and the applicable zoning of the premises;

    4      The name and address of the owner of the premises; if the premises is leased, a copy of the lease agreement;

    5.     A copy of every agreement for the management and operation of the proposed bottle club;

    6.     A statement as to whether the applicant has made application for a similar license with this or any other jurisdiction and the disposition of such application;

    7.     A statement as to whether the applicant is qualified to receive said license pursuant to the provisions of this chapter;

    8.     A statement as to whether the applicant has ever been convicted of a felony, gambling offense, violation of the law regarding the manufacture, possession or sale of any controlled substance, or a violation of any law regarding alcoholic beverages;

    9.     A statement as to whether any previous alcoholic beverages permit or license issued by any state or subdivision thereof has been denied, suspended or revoked and the reasons for such action;

    10.   A statement that the applicant will not violate any of the laws of the state of Iowa or any provision of the city code in the conduct of its business. 

    C.    At the time of filing an application for a bottle club license and upon payment of the license fee, the applicant shall provide proof to the finance department that it has obtained liquor liability (dramshop) insurance for the operation of the bottle club premises in the aggregate amount of one million dollars single limit per occurrence; said insurance policy shall be for a term in coexistence with the duration of the applicable license period and shall not be subject to cancellation except upon thirty days’ prior notice to the city; the termination or lapse of a permittee’s insurance coverage shall be grounds for revocation of such license.  The amount of the license fee shall be established by resolution. 

    D.    When the application for a bottle club license is received by the finance department, the director or designee shall cause said application to be submitted to the police department, fire department and land use division for review purposes.  The police department shall conduct a background check on the applicant and provide the director with a recommendation to approve or deny the license.  The fire department shall inspect the premises for compliance with fire and safety codes and shall provide the director with a recommendation to approve or deny the license.  The land use division shall review the premises for compliance with the city’s zoning regulations and provide the director with a recommendation for approval or denial of the license.  The review recommendations for approval or denial shall be completed and provided to the director with twenty-one days’ of the receipt of the application for review. 

    E.     An application for a bottle club license may be denied for any of the reasons contained in Chapter 5.01, and in addition, for any of the following reasons:

    1.     Any principal has been convicted of a felony, gambling offense, violation of the law regarding the manufacture, possession or sale of any controlled substance, or a violation of any law regarding alcoholic beverages within a period of five years;

    2.     Any principal has had a previous alcoholic beverages permit or license issued by any state or subdivision thereof denied, suspended or revoked;

    3.     The applicant has not paid the fee or provided satisfactory proof of insurance;

    4.     Any principal has not attained the age of twenty-one;

    5.     Any principal has violated any provision of this chapter or Chapter 5.10 of the Davenport Municipal Code

    F.     A bottle club license may be suspended or revoked for any of the reasons that would support a denial of the issuance of a license and for violations of the law including nuisance abatement. 

    G.    The denial, suspension or revocation of a license may be appealed by the applicant or licensee to the designated hearing officer according to the applicable provisions of the city code. (Ord. 2012-332 (part): Ord. 2012-163 (part)).

 

 

5.11.050          Bottle club regulations.

    A.    A bottle club license is not assignable or transferable.

    B.    A bottle club shall not charge any fee to a guest for entry into the club or for the right or privilege of consuming alcohol or food within the club.  A bottle club may allow a nonmember to consume alcoholic beverages or food stuffs at no charge as a guest of a member.  In order for a non-member to be able to consume alcohol or food as a guest of a member the club must have verified the nonmember’s identification through presentation of a driver’s license or state identification and must keep a log of the following information:  the date and time of the nonmember guest’s admission, the nonmember guest’s name and date of birth, and the name of the member serving as the guest’s host.  This record shall be made available to any law enforcement officer upon request.

    C.    A bottle club shall not permit consumption of alcoholic beverages on the bottle club premises by minors or visibly intoxicated persons.  

    D.    Any law enforcement officer of the city or any member of the fire department, building department or finance department shall be permitted to enter any licensed premises at any reasonable time for the purpose of making inspection or maintaining order.  It shall be the duty of every licensee to afford free access to every part of such establishment and to render all aid and assistance necessary to enable such persons to make a full, thorough and complete examination of the premises to determine compliance with this chapter.  Refusal to permit such inspection is illegal. 

    E.     A bottle club license is a privilege. 

    F.     A licensee shall not permit any gambling, except in accordance with Iowa Code chapters 99B, 99D or 99F, and shall not permit solicitation for immoral purposes or disorderly conduct on the premises.

    G.    A bottle club shall not sell or dispense any alcoholic beverages on the licensed premises or permit its consumption thereon between the hours of two o’clock a.m. and eleven o’clock a.m.

    H.    A bottle club shall not store any alcoholic liquor in any container except its original package.

    I.      A bottle club shall not employ any person under the age of twenty-one years of age in the sale or serving of alcoholic beverages for consumption on the premises.

    J.     A bottle club shall not permit or engage in any criminal activity on the premises.

    K.    A bottle club shall not allow any person under the age of twenty-one years of age to remain in the premises.

    L.     In any action to enjoin or establish a nuisance, evidence of the general reputation of the premises described in the petition or notice shall be admissible for the purpose of proving the existence of the nuisance.

    M.    Use or possess a machine to vaporize an alcoholic beverage for the purpose of being consumed in vaporized form.

    N.    A bottle club shall not have or maintain any residential or sleeping quarters or similarly designed or furnished room or space.

    O.    For zoning purposes a bottle club shall be subject to zoning regulations applicable to a business regulated pursuant to Chapter 5.10 including distance separation requirements.  Notwithstanding the foregoing, no bottle club shall be operated or maintained within a residentially zoned district or within one block of a residentially zoned district. 

    P.     A bottle club shall maintain a current roster of its membership showing the name, date of birth and address for every member and a statement of the fees, dues or other compensation paid by said member for membership in the bottle club.  This record shall be made available to any law enforcement officer upon request. 

    Q.    A C.P.T.E.D. lighting survey of the proposed bottle club shall be conducted by the police department and the bottle club shall install and at all times maintain adequate security lighting as set forth in the police department’s C.P.T.E.D. lighting survey report. (Ord. 2012-332 (part): Ord. 2012-163 § 1 (part)).

 

 

5.11.060          Violations.

    A licensee who, while exercising the privileges granted by said license violates any provision of the city code may be subject to the suspension or revocation of said license.  Suspension or revocation shall be handled in the same manner as that set forth in Chapter 5.01.  Additionally, any person violating any of the provisions of this chapter shall be guilty of a municipal infraction or, if the section violated may be charged as a simple misdemeanor violation under state law, the offense may be charged as a simple misdemeanor. A separate and distinct offense shall be deemed to be committed for each day that any person continues in violation of any of the provisions of this chapter. (Ord. 2012-332 (part): Ord. 2012-163 § 1 (part)).

 

 

 

Chapter 5.12  PUBLIC AMUSEMENTS

(Prior ordinance history: Prior code §§ 28-1—28-23; Ordinance Nos. 79-1203, 82-158.)

 

Sections:

    5.12.010       Shows, exhibitions and performances—License required.

    5.12.020       Billiard tables, pinball machines, shuffleboards, etc.—Licensed required.

    5.12.030       Golf, roller rink or athletic practice field—License required.

    5.12.040       Use of unlicensed amusement prohibited.

    5.12.050       Penalty for violations.

    5.12.060       Exemptions.

 

 

5.12.010          Shows, exhibitions and performances—License required.

            No person shall give a show, exhibition, performance, concert, circus, animal performance, lecture or similar public amusement for pay or gain, without procuring a license therefor unless said show is given in a facility covered by a license in which case such facility shall be held to cover all shows, exhibitions and performances held therein.  (Ord. 2012-332 (part): prior code § 28-1).

 

 

5.12.020          Billiard tables, pinball machines, shuffleboards, etc.—License required.

    No person shall keep any billiard table, pool table, or similar type of amusement device; pinball machine, electronic game machine, photo-electric device, shuffleboard, or similar type amusement device; ten pin or bowling alley; shooting gallery; juke box, automatic music machine or automatic motion picture machine or any general amusement device for the use of which or privilege of playing thereon, or hire thereof any charge is directly or indirectly made or any remuneration whatever is taken, without first having obtained a license therefor.  One road or track shall constitute a ten pin, nine pin or bowling alley within the meaning thereof, regardless of the number of pins used.  (Ord. 2012-332 (part): Ord. 82-158 § 25:  prior code § 28-9).

 

 

5.12.030          Golf, roller rink or athletic practice field—License required.

    No person shall maintain and operate a miniature golf course, practice golf ground or other athletic practice field or building operating commercially for the use of which or privilege of playing thereon a charge is directly or indirectly made or any remuneration is taken without first having obtained a license therefor. (Ord. 2012-332 (part): Ord. 82-158 § 28: prior code § 28-13)

 

 

512.040           Use of unlicensed amusement prohibited.

    No person shall permit the display, presentation or playing by others for remuneration any amusement or device which requires a license under this chapter upon premises owned, operated or controlled by such person unless a license has been obtained prior to such display, presentation or play as required.  (Ord. 2012-332 (part): Ord. 82-769 § 1: prior code § 28-20).

 

 

5.12.050          Penalty for violations.

    Any person, firm or corporation violating any provision of this chapter may be cited with a simple misdemeanor offense or municipal infraction violation and upon conviction shall be assessed a fine of not less than one hundred dollars or shall be imprisoned for a period not to exceed thirty days. (Ord. 2012-332 (part): prior code § 28-19).

 

 

5.12.060          Exemptions.

    The provisions of this chapter shall not apply to a publicly owned theater, concert hall, art center, museum; church or religious facility, college, university, primary or secondary educational institution, county fairground, city-sponsored events or events covered by the city’s special events policy. (Ord. 2012-332 (part).

 

 

 

Chapter 5.13  PUBLIC DANCEHALLS

 

Sections:

    5.13.010       Dancehall license required.

 

 

5.13.010          Dancehall license required.

    No person shall, within the limits of the city, own, conduct or let or rent for hire, any dancehall or hall in which any public dance is held, without first having procured a license therefor.  A "public dance," within the meaning of this chapter, means any dance or hall to which the general public is admitted, whether any charge or fee be paid for such admission or not, or any dance or hall, the admission to which is not limited or restricted to those personally invited or to the members of any duly organized bona fide club, society or organization. (Ord. 2012-332 (part): prior code §§ 29-1, 29-2). 

 

 

 

Chapter 5.14  LIVE ENTERTAINMENT

 

Sections:

    5.14.010       Purpose.

    5.14.020       Definitions.

    5.14.030       License required.

    5.14.040       Exemptions.

 

 

5.14.010          Purpose.

    This chapter shall be deemed an exercise of the police power of the municipality for the protection of the public welfare, health, peace and safety and all of its provisions shall be liberally construed for the accomplishment of its purpose. It is the purpose and intent of this chapter to regulate liquor licensed businesses offering live entertainment in order to limit their potential adverse impact within the community while at the same time permitting lawful businesses to conduct operations within the community. The provision of live entertainment by commercial establishments creates the potential for environments characterized by excessive noise, overcrowding, excessive traffic, littering, public disorder, and juvenile inducements. These regulations are necessary to protect the health, safety, general welfare, and peace of all residents of the community. (Ord. 2012-332 (part): Ord. 93-284 § 1 (part)).

 

 

5.14.020          Definitions.

    Where words and phrases used in this chapter defined by state law and Chapter 5.10 of the Davenport Municipal Code shall have the same meanings ascribed to their use in this chapter and are adopted by reference. Definitions so adopted that need further definition and other words and phrases are defined as set forth in this section.

    A.    "Commercial establishment" means a place of business which is equipped with sufficient seats to accommodate twenty-five or more persons at one time and wherein alcoholic beverages, wine or beer are sold or consumed. A single premises may consist of multiple rooms, enclosures, areas or places if they are wholly within the confines of a single building or contiguous grounds.

    B.    "Live entertainment" means any performance, show, production, or concert wherein live music, instrumental, vocal or both, is presented to an audience or spectators located upon the premises where such performance, show, production, or concert is being given; or any performance, show, production, or concert wherein a disc jockey is utilized to provide musical entertainment to an audience or spectators.

(Ord. 2012-332 (part): Ord. Ord. 93-284 § 1 (part)).

 

 

5.14.030          License required.

    No person shall allow, cause or permit a presentation of any live entertainment at or within any commercial establishment owned, operated or managed by that person without first procuring a live entertainment business license therefor. (Ord. 2012-332 (part): Ord. 93-284 § 1 (part)).

 

 

5.14.040          Exemptions.

    The provisions of this chapter shall not apply to a publicly owned theater, concert hall, art center, or museum; church or religious facility, college, university or other educational institution, country club, fraternal club or lodge, hotel, motel, county fair, or fairground. No live entertainment business license shall be required for festivals which are permitted pursuant to the city's special events policy. (Ord. 2012-332 (part): Ord. 93-284 § 1 (part)).

 

 

 

Chapter 5.15  CIGARETTE, TOBACCO, ALTERNATIVE NICOTINE OR VAPOR PRODUCTS

 

Sections:

    5.15.010    Permits.

 

5.15.010          Permits.

    The City of Davenport administers cigarette, tobacco, alternative nicotine and vapor products permits on the behalf of the State of Iowa. No person shall engage in the business of a retailer of cigarette, tobacco, alternative nicotine and vapor products at any place or business without first having received a permit as a cigarette, tobacco, alternative nicotine and vapor products retailer. No permit shall be issued for the sale of cigarette, tobacco, alternative nicotine and vapor products at retail in the city except to applicants who shall be engaged in one or more of the following listed occupations and shall be so engaged otherwise than incidentally or as an adjunct to some other occupation not so listed:

    A.    The retail grocery business;

    B.    The retail drug store business;

    C.    The retail cigarette, tobacco, alternative nicotine and vapor products business;

    D.    The sale of malt beverages under a class B license;

    E.     The restaurant business;

    F.     The hotel business;

    G.    The operation of a private club;

    H.    The operation of a gasoline filling or service station;

    It shall be provided, nevertheless, that nothing contained in this chapter shall prevent the issuance of a permit for the sale of cigarette, tobacco, alternative nicotine and vapor products at retail to any applicant who is now the holder of any such permit or who shall purchase the goodwill of any business conducted by any person who is the present holder of such a permit. (Ord. 2016-541: Ord. 2012-332 (part): prior code § 2-44).

 

 

 

Chapter 5.16  ADULT ENTERTAINMENT

 

Sections:

    5.16.005       Purpose and authority.

    5.16.010       Short title.

    5.16.020       Definitions.

    5.16.030       Adult entertainment business license required.

    5.16.040       Application.

    5.16.050       Application processing.

    5.16.060       Standards for issuance or denial of license.

    5.16.070       Reserved.

    5.16.080       Inspections by city.

    5.16.090       Change of information.

    5.16.100       Regulations applicable to all adult establishments.

    5.16.110       Special regulations for adult booths.

    5.16.120       Special regulations for adult cabarets.

    5.16.130       Special regulations for adult stores.

    5.16.140       Special regulations for adult theaters.

    5.16.150       Licensee responsibility for employees.

    5.16.160       License revocation or suspension.

    5.16.170       Administrative record.

    5.16.180       Recordkeeping by licensee.

    5.16.190       Nuisance declared.

    5.16.200       Penalty.

 

 

5.16.005          Purpose and authority.

    It is the purpose of this chapter to regulate sexually oriented businesses to promote the health, safety and general welfare of the citizens of the city of Davenport, and to establish reasonable and uniform regulations to prevent the adverse secondary effects of sexually oriented businesses. It is not the purpose of this chapter to impose a limitation or restriction on the content of any form of expression or communication. Similarly, it is not the intent of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment.

    Based on evidence concerning the adverse secondary effects of adult uses on the community as presented to the city council at meetings and in reports and in studies conducted in other communities the city council finds:

    Sexually oriented businesses lend themselves to ancillary unlawful and/or unhealthy activities that are not controlled by the operators of such establishments, particularly those which provide private or semi-private booths, including sexual acts, masturbation, oral and anal sex;

    Offering and providing such space encourages such activity which creates unhealthy, unsanitary conditions;

    Persons frequent certain sexually oriented businesses for the purpose of engaging in sex within the premises of such business;

    At least fifty communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection, genital herpes, hepatitis B, Non A, Non B, amebiasis, salmonella infections and shigella infections;

    Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners or operators to self-regulate those activities and maintain the facilities in a sanitary condition;

    Numerous studies have determined that semen is found in areas of sexually oriented businesses where persons view adult entertainment;

    Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect the surrounding neighborhoods and community;

    A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and/or operators of sexually oriented businesses; further, such licensing will place a heretofore nonexistent incentive on the owners and/or operators to see that sexually oriented businesses are run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the city of Davenport;

    Requiring licensing of sexually oriented businesses and compliance with the reasonable regulations imposed by a licensing scheme will help reduce the incidence of certain types of criminal behavior, will aid in the prevention of the spread of sexually transmitted diseases and reduce the impact of adverse secondary effects on the neighborhoods surrounding sexually oriented businesses;

    The general health, safety and welfare of the citizens of the city of Davenport will be promoted by the enactment of this ordinance. (Ord. 2012-332 (part): Ord. 2001-228 § 1(part)).

 

 

5.16.010          Short title.

    This chapter shall be known as the city of Davenport's "Adult Entertainment Business Licensing Ordinance." (Ord. 2012-332 (part): Ord. 2001-228 § 1 (part)).

 

 

5.16.020          Definitions.

    For the purposes of this chapter, the following terms, phrases and words shall have the meanings set forth herein.

    A.    "Adult booth" shall mean any area of an adult establishment that is set off from the remainder of such establishment by one or more walls, partitions or other dividers and which is used to show, exhibit, play, display or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction or description of any specified anatomical areas or the performance or simulation of any specified sexual activities.

    B.    "Adult cabaret" shall mean any commercial establishment that as a substantial or significant portion of its business provides any of the following:

    1.     Persons who appear nude;

    2.     Live performances that are distinguished or characterized by an emphasis on the exposure, depiction or description of a specified anatomical area or the performance or simulation of a specified sexual activity; or

    3.     Films, motion pictures, video or audio cassettes, slides, computer displays or other visual representations, recordings, imagery, illustration or depictment of any kind that are distinguished or characterized by an emphasis on the exposure, depiction or description of any specified anatomical area or the performance or simulation of any specified sexual activity.

    C.    "Adult entertainment business license" shall mean a license issued to an adult establishment pursuant to the provisions of this chapter.

    D.    "Adult establishment" or "adult entertainment business" shall mean an adult store, adult cabaret, adult theater, nude model studio, sexual encounter center, adult model or escort agency.

    E.     "Adult establishment employee" shall mean any individual, including the manager(s) security, bartenders, waitresses, and all other persons working at the establishment when it is open to adult establishment patrons; but does not include any performer, entertainer, escort, independent contractor, dancer or model, or persons whose presence at the licensed establishment occurs only when the establishment is not open to adult establishment patrons. This definition shall not include persons delivering merchandise, food and beverages for sale or rent by the adult establishment, or persons whose sole function is to perform cleaning, maintenance or repairs to the licensed premises, its fixtures or equipment.

    F.     "Adult establishment patron" shall mean any individual, other than an adult establishment employee or adult establishment performer, present in or at any adult establishment open for business; or any individual who solicits the services of or provides any form of consideration to an escort or companion regardless of location in relation to an adult business establishment premises. This definition shall not include persons delivering merchandise, food and beverages for sale or rent by the adult establishment, or persons performing maintenance or repairs to the licensed premises, its fixtures or equipment.

    G.    "Adult material" shall mean any of the following, whether new or used:

    1.     Books, magazines, periodicals, or other printed matter or digitally stored materials, films, motion pictures, video cassettes, audio cassettes, slides, computer displays or other visual or audio representations or recordings of any kind, DVD, CD rom, or similar item that is distinguished or characterized by an emphasis on the exposure, depiction, description, imagery or visual representation of any specified anatomical area or the performance or simulation of any specified sexual activity.

    2.     Instruments, novelties, devices or paraphernalia that are designed for use in connection with specified sexual activities or that depict, describe or portray specified anatomical areas; except that this definition shall not include those items used for birth control or for the prevention of sexually transmitted diseases.

    H.    "Adult motel" shall mean any motel, hotel or similar business that (1) offers accommodations to the public for any form of consideration; and provides patrons with closed-circuit television transmission, telephones, motion pictures, video cassettes, slides, or other material that is characterized by the depiction or description of any specified anatomical area or any specified sexual activity; and has a sign that is visible from the public right-of-way that advertises the availability of adult materials; or (2) offers a room or suite for consideration for a period of time that is less than ten hours; or (3) allows a tenant, occupant or patron of a room or suite to sublet the room or suite for a period of time that is less than ten hours.

    I.      "Adult store" shall mean any commercial establishment that (1) contains one or more adults booths, or (2) as a substantial or significant portion of its business offers for sale, rental, exchange or viewing any adult materials.  Adult stores do not include commercial establishments that offer for sale, rental, exchange or viewing any adult materials as a sideline or adjunct to sales, rentals, exchanges or viewings of materials other than adult materials.  An adult store that utilizes twenty-five percent of more of its floor space for the display of adult materials but does not offer on-site adult entertainment shall be licensed as a subclass adult store.  Subclass adult stores may be located in C-2 general commercial districts as well as all other districts in which adult businesses may be sited.  Subclass adult stores shall only be required to pay the licensing fee required for a retail business license and shall be issued a retail license and subclass adult store license for that one fee if they otherwise meet the requirements for obtaining a license.   

    J.     "Adult theater" shall mean any commercial establishment that as a substantial or significant portion of its business features or provides films, motion pictures, video or audio cassettes, slides, or other visual representations, recordings, imagery, illustration or depictment of any kind that are distinguished or characterized by an emphasis on the exposure, depiction or description of any specified anatomical area or the performance or simulation of any specified sexual activity.

    K.    "Commercial establishment" means any place where admission, services, performances, or products are provided for or upon payment of any form of consideration.

    L.     "Escort" shall mean a person who, for pecuniary consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease dance or otherwise perform or appear before another person while nude in or about any place of public or private resort or any private quarters or business premises.

    M.    "Escort agency" shall mean any person or business entity furnishing or offering to furnish, or advertising to furnish escorts as one of its business purposes, for a fee, tip or any other form of consideration.

    N.    "Licensed premises" shall mean the place or location described in an adult entertainment business license whereupon an adult entertainment establishment is authorized to operate. No public rights-of-way shall be included within the licensed premises.

    O.    "Licensee" shall mean any person or business entity that has been issued an adult entertainment business license pursuant to the provisions of this chapter.

    P.     "Nude model studio" shall mean any place where a person who appears nude is provided for the purpose of being sketched, drawn, painted, sculptured, photographed or similarly depicted by any other person who has paid money or any other form of consideration, barter or exchange, or for whose benefit someone else has paid money or any other form of consideration, barter or exchange, for the purpose of being allowed to observe the person appearing nude being sketched, drawn, painted, sculptured, photographed or similarly depicted. Nude model studio does not include public or private colleges or universities licensed by the state of Iowa that offer art, modeling or anatomical drawing classes.

    Q.    "Nude or state of nudity" shall mean a state of dress or undress that exposes to view (1) less than completely and opaquely covered human genitals, pubic region, anus, or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed; or (2) human male genitals in a discernibly turgid  state even if completely and opaquely covered, or any device that when worn, simulates human male genitals in a discernibly turgid state.

    R.    "Sexual encounter center" shall mean any business or commercial establishment that, for consideration, offers (1) physical contact in the form of wrestling or tumbling between persons of the opposite sex, or (2) activities between two or more persons regardless of gender when one or more of the persons is in a nude condition, or (3) where two or more persons may congregate, associate or consort in connection with specified sexual activities or specified anatomical areas, or (4) where two persons may congregate, associate, or consort, in a private room, suite, or similar enclosure, with one of the two persons modeling lingerie, dancing in a sexually suggestive manner, or some similar activity for the pleasure or entertainment of the other. Sexual encounter center does not include a gymnastic, acrobatic, athletic or similar demonstration or show that has been issued and holds a valid public amusement license under Chapter 5.16 of the Code.

    S.     "Specified anatomical area" shall mean any of the following:

    1.     Less than completely and opaquely covered human genitals; pubic region; buttocks; anus; or female breast below a point immediately above the top of the areola but not including any portion of the cleavage exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed;

    2.     Human male genitals in a discernibly turgid state, even if completely and opaquely covered or any device or covering that when worn, simulates human male genitals in a discernibly turgid state.

    T.     "Specified criminal act" shall mean any unlawful lewd, indecent or immoral conduct, including but not limited to, any of the acts specified in any of the following statutes or ordinances:

    1.     Chapter 709 of the Code of Iowa, sexual abuse;

    2.     Subsection 709A.1(2)(a) of the Code of Iowa, contributing to juvenile delinquency;

    3.     Section 710.1, Section 710.5, Section 710.8 and Section 710.10 of the Code of Iowa, kidnapping, child stealing, harboring a runaway child, enticing a child;

    4.     Section 725.1, Section 725.2, Section 725.3 and Section 725.4 of the Code of Iowa, prostitution, pimping, pandering and leasing a premises for prostitution;

    5.     Section 726.1 of the Code of Iowa, bigamy;

    6.     Section 726.2 of the Code of Iowa, incest;

    7.     Section 726.6 of the Code of Iowa, child endangerment;

    8.     Chapter 728 of the Code of Iowa, obscenity;

    9.     Subsection 124.401(1)(a), (b), and (c) of the Code of Iowa, controlled substances;

    10.   Chapter 9.12 of the Municipal Code of Davenport, Loitering for Prostitution.

    U.    "Specified sexual activity" shall mean any of the following:

    1.     The fondling or touching of one person's human genitals, pubic region, buttocks, anus or female breasts by another person;

    2.     Sex acts, normal or perverted, actual or simulated, including without limitation, cunnilingus, fellatio, anilingus, bestiality, intercourse, oral copulation or sodomy;

    3.     Masturbation, actual or simulated;

    4.     Excretory or urinary functions as part of or in connection with any of the activities set forth in paragraphs 1, 2, or 3 of this definition.

    V.    "Straddle dance" shall mean the use by an adult establishment employee or his or her body to touch the genitals, pubic region, buttocks, anus or female breast of any adult establishment patron, or the touching of genitals, pubic region, buttocks, anus or female breast of any person by an adult establishment patron. Touching constitutes a straddle dance regardless of whether the physical contact occurs while one person is displaying or exposing a specified anatomical area or whether the physical contact is direct or through a medium such as clothing. The terms lap dance, table dance, and face dance shall be included in the definition of straddle dance. This definition shall not apply to emergency care providers, including emergency medical care providers, health care providers, firefighters and peace officers while providing emergency health care to a person at or in an adult establishment.

    W.   Reserved.

    X.    "Substantial or significant portion of its business" shall mean that twenty-five percent or more of the establishment's floor space is utilized for the display of any adult material; or that one or more persons appearing, performing or working in a state of nudity constitutes a fundamental or essential part of or attraction of the business. Regardless of the foregoing, any business establishment that advertises or holds itself out as "XXX," "adult," or "sex" in conjunction with adult material and/or nude appearances or performances is deemed to meet the substantial or significant portion of its business standard.

    Y.    "Adult establishment performer" shall mean any individual who performs for, dances for, models for or similarly entertains an adult establishment patron, including but not limited to escorts, performers, entertainers, dancers, models, companions and similar persons, whether independently contracted by or indirectly or directly employed by an adult establishment. Adult establishment performer shall include any person who displays specified anatomical areas or performs or simulates specified sexual activity while in the premises of an adult business or as an escort.

    Z.     "Adult amusement arcade" shall mean an establishment having as one of its principal uses one or more of the following: customer-operated motion picture devices, peep shows, viewing areas, or similar devices either coin, token or slug operated, or which in consideration of an entrance fee, displays materials distinguished or characterized by an emphasis on depictions of specified sexual acts or specified anatomical areas.  (Ord. 2012-332 (part): Ord. 2001-228 § 1 (part)).

 

 

5.16.030          Adult entertainment business license required.

    A.    An adult entertainment business license shall be required to establish, operate or maintain an adult establishment within the city. Except as provided in subsection 5.16.030B, it shall be unlawful for any person or entity not having a current and valid adult entertainment business license to establish, operate or maintain an adult establishment within the city.

    B.    An adult establishment existing or operating on or prior to the effective date may continue to exist and operate, provided, however, that the existing establishment (1) shall submit an application for an adult entertainment business license not less than sixty days after the effective date or (2) shall cease operations not less than two hundred forty days after the effective date unless it has secured an adult entertainment business license.

    C.    An adult entertainment license may be renewed only by making application as required for an initial license pursuant to Section 5.16.040. An application for renewal shall be made at least thirty days before the expiration of the then-current licensed term. The expiration of a license shall not be affected or extended by a renewal application that is made less than thirty days before the expiration of the then-current licensed term.

    D.    No person shall operate an adult establishment, adult entertainment business or similar adult business in the city of Davenport except that a person may operate, pursuant to this chapter, an adult bookstore, adult theater or adult cabaret.  (Ord. 2012-332 (part): Ord. 2001-228 § 1 (part)).

 

 

5.16.040          Application.

    A.    An application for an adult entertainment business license, or the renewal thereof, shall be made in writing to the finance department on a form prescribed by said department and shall be signed (1) by the applicant, if the applicant is an individual; (2) by at least one of the persons entitled to share in the profits of the organization and having unlimited personal liability for the obligations of the organization, and the right to bind all other such persons, if the applicant is a partnership, joint venture, or any other type of organization where two or more persons share in the organization's profits and liabilities; (3) by a duly authorized agent, if the applicant is a corporation; or (4) by the trustee, if the applicant is a land trust. The application shall be verified by oath or affidavit as to the veracity of all statements made on or in connection with the application and any attachments thereto. Each application shall specifically identify the applicant and the licensed premises for which the adult entertainment business license is sought.

    B.    Every application for an adult entertainment business license, or for the renewal of an existing adult entertainment business license shall be accompanied by a license fee in the amount of five hundred dollars. Additionally, a one hundred ten dollar administrative processing fee must be remitted for each individual disclosed in the application pursuant to Section 5.16.040D,1, D,2 and D,14, and for every adult establishment employee identified pursuant to Section 5.16.040 D,15. License fees and administrative processing fees are nonrefundable.

    C.    Every adult entertainment business license, and any renewals thereof, shall be conditioned on the acquisition and maintenance in good standing by the applicant or licensee of a surety bond or other similar security in favor of the city in the amount of two thousand five hundred dollars. Before an adult entertainment business license may be issued, the applicant shall furnish such bond or security, and before an adult entertainment business license is renewed or reinstated following revocation or suspension, the licensee shall submit evidence that the bond or security, in the amount required pursuant hereby, remains in full force and effect. The bond or other security, or part thereof, for an adult entertainment business license shall be forfeited automatically pursuant to Section 5.16.190 of this chapter in order to reimburse the city for costs associated with the proceedings related to a license suspension or revocation.

    D.    Each application shall include the following information and documents:

    1.a.  Individuals. The applicant's legal name, all of the applicant's aliases, the applicant's residence and business addresses, the applicant's social security number, and driver's license number, written proof of the applicant's age, the place of birth and citizenship of the applicant and, if a naturalized citizen, the time and place of the applicant's naturalization.

    b.     Corporations. The applicant corporation's complete name and official business address; the legal name, all aliases, and the ages, residence and business addresses, social security number and driver's license number of all directors, officers and managers of the corporation, and of every person or entity owning or controlling more than fifty percent of the voting shares of the corporation; the corporation's date and place of incorporation and the objects for which it was formed; proof that the corporation is a corporation in good standing and authorized to conduct business in the state of Iowa; and the name, address and telephone number of the registered corporate agent for service of process.

    c.     Partnerships, joint ventures, etc. The applicant organization's complete name and official business address, the legal name, all aliases, and the ages, residence and business addresses, social security number and driver's license number of each partner or any other person entitled to share in the profits of the organization, whether or not such person is also obligated to share in the liabilities of the organization.

    d.     Land trusts. The applicant land trust's complete name; the legal name, all aliases, and the ages, residence and business addresses, social security and driver's license number of each trustee and beneficiary of the land trust and the specific interest of each such beneficiary in the land trust; and the interest, if any, that the land trust holds in the licensed premises;

    2.     If a corporation or a partnership is an interest holder that must be disclosed pursuant to Sections 5.16.040D,1,b, D,1,c or D,1,d above, then such interest holders shall disclose the information required by those subsections with respect to their interest holders.

    3.     The general character and nature of the business of the applicant.

    4.     The length of time that the applicant has been in the business of the character specified in response to Section 5.16.040D,3 above.

    5.     The location, street address, legal description and telephone number of the premises for which the adult entertainment business license is sought.

    6.     The specific name of the business that is to be operated under the adult entertainment business license.

    7.     The identity of the fee simple owner of the property on which the licensed premises is located.

    8.     A diagram showing the internal and external configuration of the licensed premises, including all doors, windows, entrances, exits, the fixed structural internal features of the premises, plus interior rooms (identifying the use to which each room will be put), walls, partitions, stages, performance areas, and restrooms. The diagram shall also designate the precise location in the licensed premises where the adult entertainment business license will be posted as required by Section 5.16.100N. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; provided, that each diagram shall be oriented to the north and some designated street or other structure, and shall be drawn to its designated scale or with marked dimensions to an accuracy of plus or minus six inches and sufficient to clearly show the various interior dimensions of all areas of the licensed premises. The requirements of this subsection shall not apply for renewal applications provided the applicant adopts a diagram that was previously submitted for the license sought to be renewed and provided the applicant certifies that the licensed premises has not been altered since the immediately preceding issuance of the license and that the previous diagram continues to accurately depict the interior and exterior layout of the licensed premises. The approval or use of the diagram required by this chapter shall not be deemed to be, and shall not be considered or interpreted or construed to constitute any other city approval otherwise pursuant to applicable city code, ordinances or regulations.

    9.     The names of each governmental body from which, within the last five years immediately preceding the date of the present application, the applicant, or any of the individuals or entities identified in the application pursuant to Sections 5.16.040D,1 and D,2 above, has received a license or other authorization to conduct or operate a business (a) substantially the same as an adult entertainment business, and the names and addresses of each such business; (b) requiring a federal, state or local liquor license, and the names and addresses of each such business; or (c) requiring a federal, state or local gaming license, and the names and addresses of each such business.

    10.   The specific type or types of adult entertainment business establishment that the applicant proposes to operate in the licensed premises.

    11.   A copy of each adult entertainment business license, liquor license and/or gaming license currently held by the applicant or any of the individuals identified in the application pursuant to Sections 5.16.040D,1 and D,2.

    12.   Whether the applicant or any of the individuals identified in the application pursuant to Sections 5.16.040D,1 and D,2 above, within the five years immediately preceding the date of the application, has been convicted, pleaded nolo contendere to, or is currently charged with committing, by indictment or information, any specified criminal act. As to each conviction, plea or charge, the applicant or other individual shall provide the conviction date or plea date, the case number, the nature of the misdemeanor or felony violation, the name and location of the court in which the case was handled and, if a felony conviction, the date upon which the applicant's or other person's rights were restored by the governor together with a copy of said restoration of rights.

    13.   Whether the applicant or any of the individuals identified in the application pursuant to Sections 5.16.040D,1 and D,2 above, has had a license or other authorization to conduct or operate a business substantially the same as an adult entertainment business or any business requiring a liquor or gaming license, revoked or suspended; and, if so, the date and grounds for each such revocation or suspension, the name and address of the location of the establishment at issue and the name of the governing body that took administrative action to suspend or revoke said license.

    14.   The name, residential address and telephone number of the individual or individuals who shall be the day-to-day on-site managers of the proposed adult entertainment business establishment. If the manager is a person other than the applicant, the applicant shall provide, for each manager, all of the information required pursuant to Sections 5.16.040D,1, D,9, D,11, D,12 or D,13 above.

    15.   For the individual or individuals executing the application pursuant to Section 5.16.040A of this chapter, and for the individual or individuals identified in Section 5.16.040D,1, D,2 and D,14 a fully executed waiver on a form prescribed by the city to obtain criminal conviction information based upon fingerprint identification pursuant to the Iowa Code and Section 5.16.040E below.

    E.     Each application shall include the following information and documents:

    1.     Prior to the issuance of a license, the applicant and all persons required to be identified in Sections 5.16.040D,1, D,2 and D,14 shall be photographed and fingerprinted by the Davenport police department, said fingerprinting to be used in connection with obtaining the person's criminal history information. No license shall be issued until such time as the photographing and fingerprinting have been completed.

    2.     If at any time after the issuance of a license or during the course of consideration of an application filed pursuant to this chapter, the composition of the partnership or corporation changes from that stated in Section 5.16.040D, or if a new manager or other adult establishment employee is employed, the applicant or licensee shall cause the new persons to be identified as would otherwise be required by this code for an application, and to be photographed and finger-printed, and that information, together with the waiver form required by Section 5.16.040D,15 shall be submitted to the finance department within five days of the change or new employment.

    3.     Notice of any change contemplated by Section 5.16.040E,3 above, after the issuance of a license, shall be given to the finance department within five days of the change. Failure to give the notice shall constitute good and sufficient basis for revoking or suspending the license.

    4.     Failure to comply with the provisions of this section shall constitute good and sufficient basis or revoking or suspending a license or if such license has not yet been issued, to refuse the issuance of the license. Failure to comply with the provisions of this section shall also be cause to refuse to renew a license.

    F.     Any application for an adult entertainment business license that does not include all of the information and documents required pursuant to subsection 5.16.040D, as well as the administrative processing fees and bond or other security required by subsections 5.16.040B and C above, shall be deemed to be incomplete and shall not be acted upon or processed by the city. The finance department shall, within five days of the submission of an incomplete application, return the application to the applicant, along with a brief written explanation of the reason or reasons why the application is not complete.

(Ord. 2012-332 (part): Ord. 2001-228 § 1 (part)).

 

 

5.16.050          Application processing.

    A.    Within five days after the receipt of a completed application for an adult entertainment business license that includes all of the information and documents required as well as the administrative processing fees and bond or other security, the finance department shall transmit a copy of the application and attachments to the fire department, the zoning and land use department and the police department (the reviewing departments).

    B.    Each reviewing department shall, within fourteen days after the transmittal of the application (1) review the application; (2) conduct such inspections of the proposed licensed premises and the background and criminal history investigations of the applicant and all individuals identified in the application pursuant to Section 5.16.040D regarding the matters within their respective jurisdictions, as shall be reasonably necessary to verify the information set forth in the application and to determine whether the proposed adult entertainment business and licensed premises comply with the requirements of this chapter and other applicable laws, codes, ordinances, rules and regulations; and (3) prepare and submit to the finance department a written report regarding the results and findings of such reviews, inspections and investigations, including an explanation of the specific reasons the applicable laws and regulations if the written report recommends disapproving the license.

    C.    In the event that the licensed premises has not yet been constructed or reconstructed to accommodate the proposed adult entertainment business, the reviewing departments shall base their respective written reports, investigations and inspections, to the extent necessary, on the diagrams submitted pursuant to subsection 5.16.040D,8. Any adult entertainment business license issued prior to the construction or reconstruction necessary to accommodate the adult entertainment business shall contain a condition that the adult entertainment establishment shall not be open for business until the licensed premises has been inspected and determined to be in substantial compliance with the diagram submitted with the application.

    D.    An applicant for an adult entertainment business license shall cooperate fully in the inspections and investigations conducted by the reviewing departments. The applicant's failure or refusal (1) to give any information reasonably relevant to the investigation of the application; (2) to allow the licensed premises to be inspected; (3) to appear at any reasonable time and place for examination under oath regarding the application; or (4) to otherwise be uncooperative with an investigation or inspection required by this chapter, shall constitute an admission by the applicant that the applicant is ineligible for an adult entertainment business license and shall be good and sufficient basis for denial of the license by the city.

    E.     The finance department shall, within thirty days after the submission of a properly completed application either issue an adult entertainment business license pursuant to Section 5.16.060 of this chapter or shall deny the issuance of a license based upon the recommendation of the reviewing departments.

    F.     The decision to deny a license may be appealed to the city administrator or the city administrator's designee pursuant to Section 5.16.160B. A decision that is not timely appealed or a decision on appeal rendered by the city administrator or the city administrator's designee shall be final. (Ord. 2012-332 (part): Ord. 2001-228 § 1 (part)).

 

 

5.16.060          Standards for issuance or denial of license.

    A.    Issuance. The finance department shall issue or deny an adult entertainment business license to an applicant based upon the reports, investigations and inspections and recommendations of the reviewing departments and on any other credible information on which it is reasonable for the city to rely:

    1.     All information and documents required by Section 5.16.040 have been properly provided and the information and statements in the application are true and correct;

    2.     All persons identified in the application pursuant to Sections 5.16.040D,1, D,2 and D,14 are at least twenty-one years of age and not under any legal disability;

    3.     No person identified pursuant to Section 5.16.040D,1, D,2, D,14 or D,15 has been convicted of or pleaded nolo contendere to a specified criminal act within the five years immediately preceding the date of the application;

    4.     No person identified pursuant to Section 5.16.040D,1, D,2, D,14 or D,15 has been convicted of or pleaded nolo contendere to any violation of this chapter within the five years immediately preceding the date of the application;

    5.     No person identified in the application pursuant to Section 5.16.040D,1, D,2 and D,14 is overdue on payment to the city of taxes, fees, fines or penalties assessed against or imposed on, any such individual;

    6.     No person identified in the application pursuant to Section 5.16.040D,1, D,2 and D,14 is residing with, married to or a person (1) who has been denied an adult entertainment business license within twelve months immediately preceding the date of the application; (2) whose adult entertainment business license has been revoked within twelve months immediately preceding the date of the application; or (3) whose adult entertainment business license is under suspension at the time of the application.

    7.     The adult establishment and licensed premises, and the proposed operation of the adult entertainment business comply with all then-applicable building, zoning, health and safety codes and regulations;

    8.     The applicant has confirmed in writing and verified under oath as part of the application that the applicant has read this chapter and all provisions of the city zoning regulations applicable to adult entertainment establishments, and is familiar with their terms and conditions; and that the licensed premises and the proposed adult entertainment business are and shall be in compliance therewith;

    9.     The applicant owner or at least one of the day-to-day on-site managers resides within Scott County, Iowa, or Rock Island County, Illinois.

    B.    Denial. If the city determines that the applicant has not met one or more of the conditions set forth in Section 5.16.060A above, then the finance department shall deny issuance of the adult entertainment business license and shall give the applicant a written notification and explanation of such denial. The notice of denial shall be delivered in person or by certified mail, return receipt requested, addressed to the applicant's address as set forth in the application. The adult entertainment business license shall be deemed denied on the day the notice of denial is delivered in person or three days after it is placed in the U.S. mail as provided by this subsection.

(Ord. 2012-332 (part): Ord. 2001-228 § 1(part)).

 

 

5.16.070          Reserved.

(Reserved by Ord. 2012-332 (part)).

 

 

5.16.080          Inspections by city.

    A.    The finance department, reviewing departments and other city representatives shall inspect all adult establishments as may be necessary to determine compliance with the provisions of this chapter prior to license issuance and may periodically inspect for the purpose of determining continuing compliance with this chapter.

    B.    The license shall permit city representatives to inspect the licensed premises and the adult establishment for the purpose of determining compliance with the provisions of this chapter and all other applicable laws at any time during which the licensed premises is occupied or an adult establishment patron is on the premises.

    C.    It shall be unlawful for the licensee, any adult entertainment employee, or any other person to prohibit, interfere with or refuse to allow any lawful inspection conducted by city representatives pursuant to this chapter or any other chapter of the city code.

    D.    Licensee conduct in violation of section 5.16.080C above shall be good and sufficient basis for suspension or revocation of the adult entertainment business license pursuant to Section 5.16.190 of this chapter.

    E.     It shall be unlawful for any person to operate any kind of warning device, alarm, siren or other similar system for the purpose of warning or aiding and abetting the warning of any adult establishment employee, adult establishment patron or other person that city representatives are approaching or have entered the licensed premises.  (Ord. 2012-332 (part): Ord. 2001-228 § 1 (part)).

 

 

5.16.090          Change of information.

    During the pendency of any application for, or during the term of, any adult entertainment business license, the applicant or licensee shall promptly notify the finance department in writing (1) of any change in any information given by the applicant or licensee in the application for or renewal of such license, including but not limited to any change in managers of the adult entertainment establishment, or any individuals identified in the application pursuant to Section 5.16.040D,1, D,2 or D,14 of this chapter; or (2) if the events constituting grounds for suspension or revocation pursuant to Section 5.16.190 of this chapter occur. (Ord. 2012-332 (part): Ord. 2001-228 § 1 (part)).

 

 

5.16.100          Regulations applicable to all adult establishments.

    A.    General Compliance. All licensed premises and adult establishments shall comply with the provisions of this chapter, all other applicable city ordinances, resolutions, rules and regulations, and all other applicable federal, state and local laws.

    B.    Hours of Operation. Adult establishments shall close by 3:00 a.m., on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays and shall not reopen for business until after 9:00 a.m. Adult establishments shall close by 4:00 a.m., on Saturdays and Sundays and shall not reopen for business until after 9:00 a.m.

    C.    Restrooms. Separate male and female restrooms shall be provided for and used by adult establishment employees and adult establishment patrons.

    D.    Restricted Access. No adult establishment patron shall be permitted to enter any of the nonpublic portions of any adult establishment at any time, including without limitation, any storage areas or dressing rooms or other rooms provided for the benefit of adult establishment employees and performers. This subsection shall not apply to persons delivering merchandise, food and beverages, or performing maintenance or repairs to the licensed premises, provided however, that any such persons shall remain in such nonpublic areas only for the purposes and to the extent necessary to perform their employment duties. This subsection shall not apply to persons interviewing for employment as adult establishment employees or performers provided such persons remain in such nonpublic areas only for the purpose of interviewing and to the extent necessary for interviewing.

    E.     Specific Prohibited Acts.

    1.     No adult establishment patron or any other person at any adult establishment, other than an adult establishment employee employed to provide adult entertainment in accordance with the regulations of this chapter, shall appear, be present, or perform while nude; provided however, that no such adult establishment employee shall appear, be present, or perform while nude at any adult establishment that otherwise serves alcoholic liquor, beer or wine pursuant to a license issued under Chapter 5.10 of the Municipal Code of Davenport.

    2.     No adult establishment employee or any other person at any adult establishment shall perform or conduct any specified sexual activities with or for any adult establishment patron or any other adult establishment employee or any other person. No adult establishment patron or any other person at any adult establishment shall perform or conduct any specified sexual activity with or for any adult establishment employee or any other adult establishment patron or any other person.

    F.     Exterior Display. No adult establishment shall be maintained or operated in any manner that causes, creates, or allows public viewing of any adult material, or any entertainment depicting, describing or relating to specified sexual activities or specified anatomical areas, from any public rights-of-way or private property other than the lot on which the licensed premises is located. No portion of the exterior of an adult establishment shall utilize or contain any flashing lights, search lights, spotlights, or other similar lighting systems; or any words, lettering, photographs, silhouettes, drawings or pictorial representations of any manner except to the extent allowed pursuant to subsection G of this section with regard to signs. This subsection shall apply to any advertisement, display, promotional material, decoration, sign, performance, show, and to any window, door or other opening to the adult establishment.

    G.    Signage. All signs for adult establishments shall be flat wall signs. The maximum allowable sign area shall be one square foot of sign area per foot of lot frontage on the street, but under no circumstances may a sign exceed thirty-two square feet. The maximum number of signs shall be one per lot frontage. Signs otherwise permitted pursuant to this subsection shall contain only (1) the name of the adult establishment conducted on the licensed premises, and/or (2) the specific type of adult entertainment business conducted on the licensed premises. Temporary signage and banner signage shall not be permitted in connection with any adult establishment.

    H.    Noise. No loudspeakers or sound amplification equipment audible beyond the lot lines of the property on which the licensed premises is located shall be used at any time.

    I.      Gambling Prohibited. No adult establishment shall contain any slot, bagatelle, pigeonhole, or any other games, machines, gaming machines, devices or similar equipment or implements that are defined as gambling devices under Iowa law.

    J.     Manager's Station. Each adult establish-ment shall have one or more manager's stations which shall be occupied by a manager or other designated person at all times during the business's hours of operation. The interior of each adult establishment shall be configured in such a manner that there is a direct and substantially unobstructed view from the manager's station to every part of every area, except the restrooms, of the adult establishment to which any adult establishment patron is permitted access. In lieu of the foregoing requirements imposed by this subsection, an adult establishment business may use a camera surveillance system, monitored by a manager or other designated person at all times during the business's hours of operation, which provides a direct and substantially unobstructed view to every part of every area, except the restrooms, of the adult establishment to which any adult establishment patron is permitted access.

    K.    Alcohol Prohibition. No adult establishment that serves or otherwise provides alcoholic liquor, wine or beer pursuant to a liquor license shall provide or allow adult establishment employees to appear or perform while nude.

    L.     Age Limitations. No adult establishment employee or adult establishment performer shall be under the age of eighteen years of age. No adult establishment patron shall be under the age of eighteen years of age.

    M.    Outdoor and Off-Street Parking. All outdoor and off-street parking areas of an adult entertainment establishment shall be illuminated from dusk to closing hours of operation, and any time that any adult establishment patron is present, with a light system which provides an average minimum maintained horizontal illumination on one foot candle of light on the parking services and walkways.

    N.    Content and Display of License. Every adult entertainment establishment license shall be provided by the city, and shall, at a minimum, prominently state on its face the name of the licensee, the expiration date, and the address of the adult establishment. Every licensee shall cause the licensee's adult entertainment business license to be framed, covered by glass, and displayed at all times in a conspicuous place on the licensed premises so that is may easily be seen and read at any time by any person entering the licensed premises.

    O.    License Term. Except as hereafter provided, adult entertainment business licenses shall be operative and valid, unless first terminated, suspended or revoked, for a term beginning April 1st of one year and terminating on the 31st day of March the following year. Adult entertainment licenses issued after April 1st of any year for operations to commence in that year shall be operative and valid, unless first terminated, suspended or revoked, for a term commencing on the date of issuance and terminating on the 31st day of March of the following year. (Ord. 2012-332 (part): Ord. 2001-228 § 1 (part)).

 

 

5.16.110          Special regulations for adult booths.

    A.    Adult booths shall be prohibited in all adult establishments except for adult stores.

    B.    Only one person shall occupy an adult booth at any time. No adult establishment patron or other individual occupying an adult booth shall engage in any specified sexual activity.

    C.    The entranceway of an adult booth shall consist of a nonporous, easily cleaned door that shall be positioned such that it leaves a permanent, unobstructed opening of not less than eighteen inches from the lintel or top of the door frame down to the top of the door and a permanent, unobstructed opening of not less than eighteen inches from the floor up to the bottom of the door. The door shall open out into a common hallway or common area. No door shall be equipped with any type of lock or device that would prevent anyone from opening the door at any time. An adult establishment patron occupying an adult booth shall be at least partially visible from outside of the booth at all times.

    D.    Except for the entranceways and ventilation devices, the walls or partitions of each adult booth shall be constructed and maintained of solid walls or partitions without any holes or openings whatsoever. The wall and ceiling surfaces shall be constructed or permanently covered by nonporous, easily cleanable material and shall not consist of wood, plywood, composition wood panels or other porous material within six feet of the floor. All ventilation devices must be covered by a permanently affixed ventilation cover. Ventilation holes may only be located in the ceiling or within one foot from the top of the walls.

    E.     A sign consisting of letters at least one inch high shall be posted in a conspicuous place at or near the entranceway to each adult booth. The sign shall state (1) that only one person is allowed in an adult booth at any time; (2) and that it is unlawful to engage in any specified sexual activity while in an adult booth. The sign shall be enclosed or framed in a tamper-resistant enclosure or frame.

    F.     Whenever the use of an adult booth is relinquished by an adult establishment patron said adult booth shall be cleaned prior to it being occupied by any other adult establishment patron.

(Ord. 2012-332 (part): Ord. 2001-228 § 1 (part)).

 

 

5.16.120          Special regulations for adult cabarets.

    A.    No adult establishment patron shall be on or be allowed at any time on any stage or platform.

    B.    A minimum lighting level of not less than thirty lux horizontal, measured at thirty inches from the floor and on ten-foot centers shall be maintained at all times in all areas of the adult cabaret where adult establishment patrons are allowed.

    C.    Doors to areas on the licensed premises, which are lawfully available for use by persons other than adult establishment employees, shall not be locked during the adult cabaret's business hours.

    D.    Straddle dances shall be prohibited in all adult establishments except for adult cabarets.

    E.     The finance department is authorized to issue no more than three adult cabaret business licenses annually. Those business licenses shall be issued to those adult cabarets licensed and existing in the city at the time of the enactment of this ordinance and shall be renewable to those cabarets until such time as they cease to operate. Thereafter, the licenses shall be available to the first-in-time-qualified applicant. Cessation of business shall be deemed to have occurred whenever an adult cabaret business is sold or leased or subleased, a transfer of securities constituting a controlling interest occurs or the license is revoked. (Ord. 2012-332 (part): Ord. 2002-574 § 1: Ord. 2001-228 § 1 (part)).

 

 

5.16.130          Special regulations for adult stores.

    A.    No signs or other advertisements shall be placed in the windows or doors of an adult store such that they are visible to any person from the public rights-of-way or from any property other than the property on which the licensed premises is located.

    B.    All windows, doors and other apertures shall be designed and constructed so as to prevent the viewing of the interior of the establishment from the public rights-of-way or from any property other than the property on which the licensed premises is located.

    C.    Restrooms provided for adult establishment patrons shall remain locked and access to the restrooms shall only be made available to patrons requesting a key from the manager.  (Ord. 2012-332 (part): Ord. 2001-228 § 1 (part)).

 

 

5.16.140          Special regulations for adult theaters.

    A.    Each adult theater shall provide seating only in individual chairs with arms or in seats separated from each other by immovable arms and not on couches, benches, or other multi-person seating structures. The number of seats shall equal the maximum number of persons who may occupy the theater.

    B.    Each adult theater shall have a continuous main aisle alongside the seating area such that each person seated in the adult theater is visible from the aisle at all times.

    C.    Each adult theater shall post a sign in a conspicuous place at or near the entranceway to the theater auditorium that lists the maximum number of individuals who may occupy the theater auditorium area, which number shall not exceed the number of seats in the theater auditorium.

    D.    Restrooms provided for adult establishment patrons shall remain locked and access to the restrooms shall only be made available to patrons requesting a key from the manager.  (Ord. 2012-332 (part): Ord. 2001-228 § 1 (part)).

 

 

5.16.150          Licensee responsibility for employees.

    Every act or omission by an adult establishment employee constituting a violation of any of the provisions of this chapter shall be deemed to be the act or omission of the licensee if such act occurs either with the authorization, knowledge or approval of the licensee, or as a result of the licensee's failure to adequately supervise the adult establishment employee. Accordingly, any such act or omission by an adult establishment employee shall be deemed to be the act or omission of the licensee for the purpose of determining whether the licensee's adult entertainment business license should be revoked, suspended or renewed. (Ord. 2012-332 (part): Ord. 2001-228 § 1 (part)).

 

 

5.16.160          License revocation or suspension.

    A.    Grounds. Pursuant to the procedures set forth hereinafter, the finance department may suspend, for not more than one year, or revoke, any adult entertainment business license if the finance department determines, based upon credible and reasonably reliable information and evidence, that one or more of the following have occurred:

    1.     The licensee has violated any of the provisions or requirements of this chapter or the zoning provisions of the city code applicable to adult establishments;

    2.     The licensee (1) knowingly or negligently furnished false or misleading information or withheld information on any application or other document submitted to the city for the issuance or renewal of any adult entertainment business license; or (2) knowingly or negligently caused or suffered any other person to furnish false or misleading information or to withhold any information on the licensee's behalf;

    3.     The licensee committed a felony or specified criminal act;

    4.     The licensee authorizes, approves, or as a result of the licensee's negligent failure to supervise the licensed premises or the adult entertainment establishment, allows, suffers or permits an adult establishment employee, an adult establishment patron or any other person to (a) violate any of the provisions or requirements of this chapter or the license issued pursuant hereto; or (b) commit any felony or specified criminal act on the licensed premises; or

    5.     The licensee or any person identified pursuant to Section 5.16.040D becomes disqualified for the issuance of an adult entertainment business license at any time during the term of the license at issue.

    B.    An adult entertainment business license may be suspended for up to one year or revoked pursuant to the terms and conditions set forth herein.

    1.     Notice. Upon determining that one or more of the grounds for suspension or revocation exist, the finance department shall serve a written notice on the licensee in person or by certified mail, return receipt requested, addressed to the licensee's address as set forth in the application. The notice shall (a) state that the city has determined that the licensee's adult entertainment business license is suspended for a specified number of days or revoked, (b) state the specific basis for the city's determination; (c) state the date by which the licensee must file an appeal of the suspension or revocation by given written notice of the appeal to the city clerk.

    2.     Hearing. The appeal hearing shall be conducted by the city administrator or the city administrator's designee. The hearing shall be no less than fourteen days after service of the licensee's written notice to appeal is received by the city clerk unless otherwise agreed to by the parties. No transcription of the record will be made though either party may have a transcriber present at their own expense. At the hearing, the city shall present evidence to support the suspension or revocation of the license, followed by the licensee's presentation of evidence to refute the grounds cited by the city for suspending or revoking the license. Within three days after the close of the hearing, the city administrator or the city administrator's designee shall render a decision in writing setting forth the reasons in support of the decision rendered. The written decision shall be served on the licensee in person or by certified mail, return receipt requested, addressed to the licensee's address as set forth in the application. The decision of the city administrator or the city administrator's designee shall be final.

    3.     Upon the suspension or revocation of an adult entertainment business license, the city shall take custody of the suspended or revoked license and such part of the bond or other security shall be forfeited as the city shall deem necessary to reimburse the city for costs associated with the proceedings related to the suspension or revocation at issue. Such bond or other security shall be replenished to equal the amount required by Section 5.16.040C prior to the issuance of any new adult entertainment establishment license for the licensed premises or for the reinstatement of any suspended license.  (Ord. 2012-332 (part): Ord. 2001-228 § 1 (part)).

 

 

5.16.170          Administrative record.

    The finance department shall keep an accurate record of every adult entertainment business license application received and acted upon, together with all relevant information and materials pertaining to such application, and a copy of any adult entertainment business license issued pursuant hereto. (Ord. 2012-332 (part): Ord. 2001-228 § 1 (part)).

 

 

5.16.180          Recordkeeping by licensee.

    The licensee of every adult establishment shall keep and maintain a register of all its adult establishment employees. For each such employee, the register shall include the following information:

    A.    Legal name and all aliases;

    B.    Date of birth;

    C.    Social Security and driver's license numbers;

    D.    Gender;

    E.     Date of commencement of employment;

    F.     Date of termination of employment;

    G.    A description of the employee's specific job or employment duties.

    The register shall be maintained for all current adult establishment employees and all adult establishment employees employed at any time within the immediately preceding thirty-six months. The licensee shall make the register of its adult establishment employees available for inspection by the city immediately upon demand at all reasonable times. (Ord. 2012-332 (part): Ord. 2001-228 § 1 (part)).

 

 

5.16.190          Nuisance declared.

    An adult entertainment business established, operated, or maintained in violation of any of the provisions of this chapter or any of the zoning provisions related to adult entertainment businesses shall be, and is, declared to be a public nuisance. The city may, in addition to, or in lieu of any remedy set forth in this chapter, commence an action to enjoin, remove or abate such nuisance in the manner provided by law. (Ord. 2012-332 (part): Ord. 2001-228 § 1 (part)).

 

 

5.16.200          Penalty.

    Any person who commits an offense or violates any of the provisions of this chapter shall be fined not less than fifty dollars nor more than two hundred dollars for a first violation. Second or subsequent violations shall carry a fine of not less than two hundred dollars. Each day that a violation continues shall be a separate offense or violation. (Ord. 2012-332 (part): Ord. 2001-228 § 1 (part)).

 

 

 

Chapter 5.17  RETAIL SALES AND TRANSIENT MERCHANTS

 

Sections:

    5.17.010       License required.

    5.17.020       Definitions.

    5.17.030       Sales regulations.

 

5.17.010          License required.

    A.    Retailer or Grocer. No person shall engage in or conduct any business as a retailer or grocer without first having procured a retail license. For the purposes of this section "retailer" means every person engaged in the business of selling tangible personal property to the ultimate consumer.

    Retailer does not include the following:

    1.     Furnishing of utilities including: gas, electricity, water communication service

    2.     Tickets or admission to places of amusement or athletic events. (Ord. 82-158 § 38: Ord. 79-1203 § 4 (part): prior code § 14-104 (part)).

    3.     Businesses where retail sales is a minimal part of overall business revenue. These business types include: bars, restaurants, taverns, clubs, food services, salons, barbershops, nail shops, tattoo and massage parlors and mortuaries.

    B.    Transient Merchants. No person shall engage in transient sales covered by this chapter without first having obtained a transient merchant license as required by this chapter. Transient merchant provisions shall not apply to, and no transient merchant license is required by the city for:

    1.     Persons selling or offering for sale, tangible personal property or services as a fund-raising tool in connection with an educational or religious institution, a national or state-wide social, patriotic, recreational or benevolent organization;

    2.     Persons selling at wholesale to retail merchants for the purpose of resale;

    3.     Persons selling or distributing newspapers;

    4.     Persons selling tangible personal property or services to business enterprises only;

    5.     Persons who sell or offer for sale, from their residence in the city, works of art or handcrafts created or made by such person or a member of their immediate family;

    6.     Persons licensed by the state to sell real estate, insurance or as transient vendors of pharmaceuticals;

    7.     Persons selling or distributing livestock feeds as defined by state law;

    8.     Persons selling or delivering tangible personal property or services through a permanent business licensed by the city;

    9.     Persons selling or offering for sale, tangible personal property or services at an event for which a blanket transient merchant license has been issued;

    10.   Persons selling or offering for sale home grown fruits and vegetables;

    11.   Persons selling or offering for sale tangible personal property at a garage or yard sale conducted at the residence of a person offering tangible personal property at such sale;

    12.   Persons conducting and selling admissions to theatricals, shows, rides, sporting events and games, concerts, circuses, carnivals or other, similar public amusements where no sales of other products not related to the public amusement are made or offered;

    13.   Persons selling or offering for sale food and/or beverages to or for a food service establishment licensed by the state.

    Any person going door-to-door while engaged in any of the activities listed in subsection B1 through 13 shall at all times comply with the restrictions contained in subsections 5.17.030C and D and may be cited for violations thereof. (Ord. 2016-542: Ord. 2012-332 (part): Ord. 82-158 § 38: Ord. 79-1203 § 4 (part): prior code § 14-104 (part)).

 

5.17.020          Definitions.

    For the purpose of this chapter, certain terms, words and phrases are defined as set forth in this section unless a different meaning is clearly intended in a given context. 

    A.    "Residence" means every separate dwelling or living unit occupied for residential purposes located within any type of building or structure. 

    B.    "Transient merchant" means any person who:

    1.     Sells or offers for sale tangible personal property or personal services; or

    2.     Takes or attempts to take orders for the sale of tangible personal property, personal services, advertising or subscriptions to be delivered, furnished or performed at a future time; or

    3.     Solicits or attempts to solicit funds; and

    4.     Who does not maintain or intend to maintain a permanent business address located within the city for a period of one year or more (permanent business address does not include a post office box address). (Ord. 2012-332 (part)).

 

5.17.030          Sales regulations.

    A.    No person shall engage in activities regulated by this chapter on public property without first procuring written authorization from the appropriate governing body.  Public property includes public streets, alleys, rights-of-way, sidewalks, parks and publicly-owned property. 

    B.    No person shall shout or use any sound amplification device for the purpose of attracting attention to one’s self, or one’s goods and merchandise or services upon any of the public places of the city or upon any private premises in the city where sound of sufficient volume is emitted or produced to be capable of being plainly heard from a distance of fifty feet or more. 

    C.    No person, whether required to obtain a license hereunder or not, shall engage in the activities regulated by this chapter at any residence or business establishment in defiance of any posted notice indicating that peddlers, solicitors or transient merchants are prohibited or not welcome. 

    D.    No person shall engage in the activities regulated by this chapter and in so doing go from door to door in any residential area prior to 9:00 o’clock a.m., or after 6:30 o’clock p.m., on any weekday or Saturday.  No person shall engage in the activities regulated by this chapter on Sunday or on a national holiday. 

    E.     No person shall, within one thousand feet of any existing, non-transient business, sell or offer for sale similar tangible personal property as that of the non-transient business.  This prohibition does not apply to a transient merchant operating under a blanket transient merchant license where business is conducted entirely within an enclosed building. 

    F.     No transient merchant shall engage in business at a location without the written permission, by lease or otherwise, of the owner or person in possession of the property.  Such written authorization must be signed by the parties and shall state the dates for which the transient merchant may use the location.  Such written authorization must be displayed by the transient merchant at all times. 

    G.    There shall be a minimum of four off-street parking spaces designated for the use of a transient merchant’s customers and employees at any fixed location. 

    H.    Any display of tangible personal property offered for sale and any signs or advertising shall be at least fifteen feet from the curbline or outside edge of a public right-of-way.  Prohibited signs designated in Section 17.45.030 shall not be used.  Signs must comply with subsection 17.45.050B,4.

    I.      Each transient merchant who is required to obtain a license under this chapter and all employees operating thereunder who go door to door shall, at all times while conducting business, keep in his or her possession, a copy of the transient merchant license and shall display the license to any person with whom they are offering their goods, merchandise or service, or to any law enforcement officer or enforcement officer of the city, immediately upon demand. 

    J.     The owner or person in control of any real property located within the city upon which a permanent building is located, or any person using public property with the city’s authorization, may procure a blanket transient merchant license on behalf of all transient merchants who will be engaged in activities regulated by this chapter on the owner’s or person in control’s property or on said public property with the city’s authorization under the following conditions:  said person submits in writing to the finance director or his designee the location of the premises upon which such activities are to be conducted and maintains an annual record of the information that would be required of each transient merchant if said transient merchant were independently applying for a transient merchant license.  Such record of information shall be maintained for period of one calendar year (i.e., a list of all transient merchants allowed to conduct business in calendar year one shall be maintained until January 1st of calendar year three).  Such record shall be submitted to the finance director by February 1st of the following year.  It is the responsibility of the holder of a blanket transient merchant license to ensure that any transient merchants conducting business under his blanket license do not violate the provisions of this chapter and any violation by a transient merchant operating under a blanket license shall be deemed sufficient cause to deny the holder’s application for a future blanket license. 

    K.    An event conducted under a single event blanket transient merchant license shall conclude not more than fourteen days from the onset of the event.

    L.     If the city has probable cause to believe that a transient merchant is conducting business in violation of the provisions of this chapter, the city may, at its discretion, take possession of and hold all tangible personal property being offered for sale by said transient merchant pending the conclusion of any enforcement action taken by the city. (Ord. 2012-332 (part)).

 

 

Chapter 5.18  MOBILE ICE CREAM VENDORS

 

Editor's Note: See also Chapter 5.19, Mobile Food Units.

 

Sections:

    5.18.010       License required.

    5.18.020       Application for owner's license.

    5.18.030       Application for operator's license.

    5.18.040       Compliance with federal, state, and local law.

    5.18.050       Issuance of license.

    5.18.060       Prohibition against registered sex offenders.

    5.18.070       Annual sound calibration.

 

5.18.010          License required.

    The sale of frozen desserts to the public from a motorized vehicle without either an owner's or operator's license issued pursuant to this chapter is prohibited. (Ord. 2012-332 (part): Ord. 2008-371 § 1 (part)).

 

5.18.020          Application for owner's license.

    Applications for a mobile ice cream vendor owner's license shall be made to the finance department on the forms provided. The application shall contain the following information:

    A.    The name, address, and date of birth of the applicant.

    B.    The applicant's work or corporate history for the past five years. If the applicant is a corporation or limited liability company, the information shall also be given for all its officers, board members, and shareholders or members. The business shall list all its officers and all other businesses operated by the entity. If the business is a foreign business, a copy of the certificate to do business in the state of Iowa shall be provided.

    C.    A list of all felony and misdemeanor conviction by the applicant or any of those individuals listed in subsection B above.

    D.    A statement as to whether the applicant or any of those individuals listed in subsection B above is a registered sex offender in this state or any other state or county.

    E.     A photocopy of the driver's license of the applicant or any of those individuals listed in subsection B above.

    The application shall be verified under oath. (Ord. 2012-332 (part): Ord. 2008-371 § 1 (part)).

 

5.18.030          Application for operator's license.

    Applications for a mobile ice cream vendor operator's license shall be made to the finance department on the forms provided. The application shall contain the following information:

    A.    The name, address, and date of birth of the applicant.

    B.    The applicant's work history for the past five years.

    C.    A list of all felony and misdemeanor convictions by the applicant.

    D.    A statement as to whether the applicant is a registered sex offender in this state or any other state or country.

    E.     A photocopy of the driver's license of the applicant. The application shall be verified under oath.

(Ord. 2012-332 (part): Ord. 2008-371 § 1 (part)).

 

5.18.040          Compliance with federal, state and local law.

    In the course of doing business or operating the vehicle from which frozen desserts are being sold, owners and operators must comply with all applicable federal, state, and local laws including, but not limited to, motor vehicle codes and health department regulations. Violation of applicable law is grounds for suspension or revocation for both the operator's as well as the owner's license. (Ord. 2012-332 (part): Ord. 2008-371 § 1 (part)).

 

5.18.050          Issuance of license.

    Upon receipt of a completed application and payment of the application and license fee, the revenue division shall issue the license to the applicant. (Ord. 2012-332 (part): Ord. 2008-371 § 1 (part)).

 

5.18.060          Prohibition against registered sex offenders.

    Regardless of the provisions of Section 5.18.050, no license shall be issued where the applicant or any of those individuals listed in subsection 5.18.020B. above is a registered sex offender of this or any other state or country as the result of a crime committed against a person under eighteen years of age. Further, no person who is a registered sex offender of this or any other state or country as the result of a crime committed against a person under eighteen years of age shall operate upon the streets, alleys, and roadways a vehicle used, or that appears to be used, for the retail sale of frozen desserts whether engaged in the sale at the time or not. (Ord. 2012-332 (part): Ord. 2008-371 § 1 (part)).

 

5.18.070          Annual sound calibration.

    Every calendar prior to April 1st, the mobile ice-cream vendor shall have the sound broadcast system on its vehicle(s) calibrated by the police department to ascertain at what level the system may broadcast at in order to not exceed 70 dBA Leq (1), as those terms are defined in Chapter 8.19, at a distance of thirty feet from the vehicle. Operating the sound system above this level is prohibited. (Ord. 2012-332 (part): Ord. 2010-131: Ord. 2008-371 § 1 (part)).

 

 

Chapter 5.19  MOBILE FOOD UNITS

 

Editor's Note: Prior ordinance history: Ordinance No. 2012-332.

 

See also Chapter 5.18 Mobile Ice Cream Vendors.

 

Sections:

5.19.010           Definitions.

5.19.020           License and permit required.

5.19.030           Application.

5.19.040           Exceptions.

5.19.050           General regulations for all mobile food units and pushcarts.

5.19.060           Pushcart specific regulations.

5.19.070           Mobile food unit specific regulations.

5.19.080           Enforcement and penalties.

 

 

5.19.010          Definitions.

    A.    "Commissary" means a licensed food facility regulated by a governmental entity where food is stored, prepared, portioned, packaged or any combination thereof, and where such food is intended for consumption at another location or place from a mobile food unit or pushcart.

    B.    "Food establishment" means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption. For the purposes of this chapter, "food establishment" does not include an establishment that offers only pre-packaged foods that are non-potentially hazardous; a produce stand which sells only whole, uncut fresh fruits and vegetables; an establishment operating in a farmers market if potentially hazardous food is not sold or distributed; a residence in which food that is non-potentially hazardous is sold for consumption off premises to a consumer customer provided the food is labeled so as to identify its preparer; a private home that receives catered or home-delivered food; child care facilities or food establishments in hospitals or health care facilities which are subject to regulation by state agencies; supply vehicles and vending machines.

    C.    "Mobile food unit" means motorized, a self-propelled food establishment or a trailer or vehicle towed by a motorized vehicle, that is readily movable, and which typically operates at a remote location and returns to base of operation or commissary at the end of its daily business. Mobile food units are considered Class IV mobile food units by the Iowa Department of Inspections and Appeals.

    D.    "Mobile food unit zone" means an area of governmentally owned property that has been designated as a location upon which mobile food units and pushcarts may sell or offer for sale for immediate consumption food and/or beverages.

    E.     "Potentially hazardous food" has the same meaning as provided in Iowa Code Chapter 137F.

    F.     "Pushcart" means a non-motorized food establishment limited to serving non-potentially hazardous packaged foods with limited assembly or commercial or commissary prepared foods that are reheated on the pushcart, such as frankfurters. Pushcarts may be towed by a vehicle, but are generally capable of being moved by human power. Pushcarts are considered Class III mobile food units by the Iowa Department of Inspections and Appeals.

(Ord. 2017-59 § 1 (part)).

 

5.19.020          License and permit required.

    No person shall sell or offer for sale or otherwise engage in a business as a mobile food unit or pushcart within the city without having first obtained a license to operate as such. A mobile food unit license is a special license and is required in addition to any other required city business license or state license or permit the person may hold or be required to hold. A separate mobile food unit license is required for each mobile food vehicle or pushcart from which business is conducted in the city. The exception to this requirement is a person having a license to operate as a mobile ice cream vendor need not obtain a mobile food unit license unless that person also sells or offers for sale food and/or beverages besides selling or offering for sale frozen desserts. Mobile food unit licenses are not transferable or assignable. The license fee required shall be established by the city council by resolution.

    In addition to the license, no person shall sell or offer for sale or otherwise engage in business as a mobile food unit or pushcart within the public right-of-way, either in one of the mobile unit zones or in special occurrence permit situations, without first having obtained a permit to operate as such. A separate mobile food unit permit is required for each mobile food vehicle or pushcart from which business is conducted in the city. The permit fee required shall be established by the city council by resolution.

    No person shall sell or offer for sale or otherwise engage in business as a mobile food unit or pushcart within the public right-of-way, other than in a designated mobile food unit zone, unless a special occurrence permit has been obtained by the premises/property owner. The premises shall make a formal request and complete an application to the city outlining all dates/times, and special occurrence permits require city council approval. Special occurrence permits are limited to one per premises. (Ord. 2017-59 § 1 (part)).

 

5.19.030          Application.

    An application form available from the finance department must he filled out and submitted to the finance department for processing. The completed application must be submitted together with a copy of the applicant's Iowa retail sales tax permit and proof of liability insurance, including commercial general liability insurance coverage and automotive liability insurance coverage. Commercial general liability insurance shall include coverage for bodily injury, death and property damage with limits of liability of not less than one million dollars per occurrence and aggregate combined single limit. Automobile liability insurance coverage shall include coverage for bodily injury, death and property damage with limits of liability of not less than one million dollars per occurrence, combined single limit. Certificates of insurance shall provide that the policy or policies have been endorsed to provide thirty days advance notice of cancellation and forty-five days advance notice of non-renewal and ten days advance notice of cancellation for non-payment of premium and that these notices shall be provided to the city finance department by email, facsimile or mail. Cancellation of required insurance automatically revokes and terminates the mobile food unit license to operate in Davenport unless other insurance policies are provided in a timely manner to the city. If the mobile food unit sells food or beverages other than pre-packaged items that do not require hot or cold handling procedures, the application shall also contain a copy of the mobile food unit's license issued by the Iowa Department of Inspections and Appeals, a copy of the food establishment license issued by the Iowa Department of Inspections and Appeals for any commissary kitchen or other premises where food is prepared, copies of the food protection manager certifications, the name and address of the facility at which any waste fat, waste oil or waste grease generated by the mobile food unit operation is disposed of, and a copy of the certificate of annual compliance issued by the fire marshal. (Ord. 2017-59 § 1 (part)).

 

5.19.040          Exceptions.

    A.    Temporary mobile food units or pushcarts associated with a public celebration or special event hosted by a public body, community organization, charitable organization, patriotic organization, religious organization, educational institution or similar entity are exempt from the licensing provisions or this chapter provided the unit's participation is by invitation or contract with the host or sponsoring organization and provided the unit displays proof of its authorization to operate in Iowa and required health inspection certification.

    B.    Temporary food units associated with a private party on private, residential property hosted by the owner of the property upon which the unit is dispensing food and/or beverage, such as a graduation party, wedding reception, birthday celebration or similar event, are exempt from the licensing provisions of this chapter provided the unit's participation is by invitation or contract with the host and provided the vendor displays proof of its authorization to operate in Iowa and required health inspection certification. (Ord. 2017-59 § 1 (part)).

 

5.19.050          General regulations for all mobile food units and pushcarts.

    A.    Mobile food units shall have, and at all times maintain, all necessary licenses and permits from the Iowa Department of Inspections and Appeals as well as the City of Davenport's required permits and licenses.

    B.    Mobile food units shall at all times operate in compliance with all applicable food, health and sanitation laws and shall comply with all health department regulations regarding food service, food storage and preparation, food handling and food cooking and shall have a valid inspection certificate or permit evincing health department inspection and approval on display and easily visible to the mobile food unit's or pushcart's patrons at all times in operation.

    C.    No mobile food unit or pushcart shall offer for sale or sell food and/or beverage between the hours of 12:00 a.m. and 6:00 a.m.

    D.    No mobile food unit or pushcart may operate in the right-of-way or outside of a designated mobile food vending zone established by the City of Davenport absent of the premises obtaining a special occurrence permit which must be approved by the City Council.

    E.     No mobile food unit or pushcart shall operate within a city park unless such operation occurs within the boundaries of a designated mobile food unit zone or a separate permit has been acquired from the director of the parks and recreation department.

    F.     No mobile food unit or pushcart shall park or stand its pushcart or vehicle within (1) 40 feet of a pedestrian crosswalk, or a stop sign or traffic signal light, (2) adjacent to a designated bicycle lane, or (3) absent written authorization of the restaurant, within 200 feet of any public entrance to any permanent restaurant during hours the restaurant is open for business. For purposes of this section, bars that serve food are deemed to be restaurants. Mobile food units and pushcarts that are not directly involved with the sponsor organization shall not park or stand within 1,200 feet (3 city blocks) of an approved special event.

    G.    No mobile food unit or pushcart shall operate in a manner that violates Chapter 8.19 of the city code concerning noise. A mobile food unit or pushcart shall not call out to, cry out, shout out or otherwise communicate or make any noise or use any device to call attention to his or her unit's or cart's location and operation.

    H.    A mobile food unit or pushcart is responsible for keeping and maintaining the area around and within fifty feet of the mobile food unit or pushcart neat, clean and free from trash, debris, garbage and other hazardous conditions at all times regardless of whether the trash, debris or garbage originated from the operation of the unit or pushcart or was left in the area by a pedestrian passersby or natural conditions. A mobile food unit or pushcart shall provide adequate trash receptacles for the public for all garbage from its operation and from the accumulation of garbage in the area around his or her unit or pushcart at all times the unit is in operation. At the close of its daily business the mobile food unit or pushcart must remove all garbage from the area and properly dispose of it away from the site of its operation; the garbage shall not simply be placed in nearby public garbage receptacles provided for use to the general public at large.

    I.      The license required by this chapter, the state sales tax permit and all licenses, permits or certificates required to be displayed by state law, shall be posted on the mobile food unit or pushcart so as to be readily visible to all persons conducting business with the mobile food unit.

    J.     Mobile food units and pushcarts shall only offer single service food utensils such as cups, straws, knives, forks, spoons, stirrers, plates, bowls, wrappers, containers, and similar utensils, which shall be individually wrapped if usual, and kept in a clean place and only used once in the service of food and/or beverage.

    K.    No mobile food unit or pushcart shall he left at its operating location at the end of its business day and shall be removed to its base business operation location.

    L.     No mobile food unit or pushcart shall conduct operations at a location or in a manner that hinders, impedes or restricts access to a pay phone, mail box, emergency call box, traffic control box, fire hydrant, entrance to a building or a driveway.

    M.    A mobile food unit or pushcart operating on private property shall not encroach into any public sidewalk or public right-of-way. All private property owners allowing mobile food units on property must register with the city as having a mobile kitchen for public safety purposes.

    N.    No mobile food unit or pushcart is allowed on the grounds of any school unless it has been invited to be there as part of a school authorized function.

    O.    The city reserves the right to move a mobile food unit or pushcart from any location if determined to be necessary for the provision of emergency or public services or in the interest of public safety, peace and welfare.

    P.     No mobile food unit or pushcart shall offer for sale or sell any liquor, beer or wine from such unit.

(Ord. 2017-59 § 1 (part)).

 

5.19.060          Pushcart specific regulations.

    A.    A pushcart shall not allow, cause or obstruct the passage along any sidewalk, street, alley or parking lot as a result of a congregation of people seeking service from the pushcart or because of the size, shape or placement of the pushcart so as to interfere, inhibit or block the normal flow of pedestrian or vehicular traffic.

    B.    A pushcart shall not violate parking regulations.

    C.    A pushcart shall not sell to any person operating a vehicle on a public street while the person's vehicle is located within the traveled portion of the roadway. A pushcart may sell to a person operating or occupying a motor vehicle that is legally parked, but may only do so from the curb side of said parked vehicle.

    D.    No pushcart or equipment shall be allowed to remain in the public right-of-way at the close of business.

    E.     All pushcarts and equipment associated with the business shall be maintained so as to enhance the aesthetic and overall appearance of the area in which the pushcart is operated.

    F.     Pushcart vendors agree to indemnify and hold harmless the city from and against any and all loss, cost, damages or claims to persons or property, including property of the city, arising out of or claimed to have arisen out of the operation of a pushcart. In addition, pushcart vendors agree to defend, at no cost to the city, any such claims or lawsuits. The city may, at its option, join the defense of such claim or lawsuit without relieving the pushcart vendor from its obligations to indemnify, hold harmless and defend the city.

    G.    Pushcarts may operate anywhere within a designated mobile food unit zone on a paved surface, designated parking space or sidewalk subject to the other requirements of this chapter. In addition, a pushcart may operate at a requested location on private property provided application has been made for permission to operate the requested location and that application is accompanied by a verifiable letter from the owner or person in control of the property granting permission to operate on the premises. Permission by the owner/person in control of property may be rescinded at any time by notifying the city finance department in writing that permission is rescinded. If permission is rescinded, no fees or portion of fees paid will be refunded.

    H.    No pushcart shall conduct business in areas of the city at which they are not permitted or authorized.

    I.      Pushcarts shall now be subject to the same permit and fee structure as all other mobile food units.

    J.     For a period of five years, pushcarts with existing location permits from the City of Davenport may continue serving at those locations. After the period of five years, pushcarts must be only in a designated mobile food unit zone, or the premises must obtain a special occurrence permit.

(Ord. 2017-59 § 1 (part)).

 

5.19.070          Mobile food unit specific regulations.

    A.    Sales shall be conducted on the sidewalk side of the mobile food unit whenever possible away from moving vehicles.

    B.    No mobile food truck should provide or allow any dining area, tables, chairs, boothes, benches, bar stools, stand-up counters, or similar furniture.

    C.    No mobile food unit shall be used for any purpose other than as a mobile food unit offering food and/or beverage to customers.

(Ord. 2017-59 § 1 (part)).

 

5.19.080          Enforcement and penalties.

    The Scott County Health Department, the Davenport Police Department, the Davenport Fire Department and the Finance Department of the City of Davenport are authorized to enforce this chapter. The Scott County Health Department may elect to pursue enforcement under the provisions of this chapter or under applicable state laws and regulations with the sanctions available thereunder.

    The performance of any action contrary to the provisions of this chapter may be cited as a municipal infraction offense. Additionally, failure to adhere to the regulations is cause for revocation or suspension of a license to operate as a mobile food unit or pushcart.

(Ord. 2017-59 § 1 (part)).

 

 

Chapter 5.20  NONCONSENSUAL TOW REGULATIONS

 

Editor's Note: Prior ordinance history includes portions of Ordinance 82-158 § 46.

 

Sections:

    5.20.010       Nonconsensual towing regulations.

 

5.20.010          Nonconsensual towing regulations.

    Any operator engaged in towing a motor vehicle without the prior consent of the owner, commonly known as a private property trespass tow, shall:

    A.    Not actually tow the vehicle if the owner or operator of the trespassing vehicle is present and removes the vehicle from the premises, but the owner or operator shall be liable to the towing operator for a reasonable fee not to exceed one-half of the hookup and initial tow fee set out in the most current resolution by the city;

    B.    Provide to any owner or operator reclaiming a vehicle a comprehensive statement of the fees charged for towing, recovery and processing vehicles;

    C.    Provide notice of the removal of the vehicle immediately to the police department which shall include a description of the vehicle towed by make, model, vehicle identification number and license plate number, and the identity of the towing operator and the location to which the vehicle was towed for storage;

    D.    Not charge a hookup and initial towing fee or storage fee in excess of the amount set by the city in the case of a noncommercial passenger vehicle or light duty truck with single rear wheels, unless the maximum amount charged for towing such a vehicle is listed on the required sign(s);

    E.     Maintain a storage yard within the city to which any vehicle from within the city that is nonconsensually towed shall be stored, however any towing company, who provides proof to the legal department by October 30, 2009 that it has a contract for nonconsensual towing services within the city, will be exempted from this requirement;

    F.     Not impose storage charges or other charges or fees for any period during which the owner or operator of the vehicle was prevented from recovering the vehicle because the towing operator's business was closed;

    G.    Not refuse to make change, up to one hundred dollars, for the owner or operator of a vehicle towed if the owner or operator pays in cash for charges for towing and storage;

    H.    Maintain all towing records, which shall include itemized fees, for a period of one year from the date of service;

    I.      Not employ any driver required to register as a sex offender under state law;

    J.     Not remove a vehicle towed to any location out of the city except as provided in subsection E above;

    K.    Not conduct business in such manner as to endanger the health and welfare of the public or to provoke a breach of the peace or in violation of any law;

    L.     Not perform a nonconsensual tow from private property, four-plexs or smaller excepted, unless there is signage posted on the property that is plainly visible at the access points which states that unauthorized vehicles will be towed at the owner's expense and provides the telephone number the owner of the vehicle may call regarding the tow and states that towing may occur twenty-four hours per day, seven days per week;

    M.    Provide a minimum of eight hours per day that the owner of a towed motor vehicle may reclaim his or her vehicle, weekends and national holidays excepted;

    N.    Accept cash, and may accept insurance company checks, certified checks, money orders or nationally recognized credit cards (however, any individual credit card offered in payment may be considered unacceptable by the operator if the credit card processing company denies charges being applied to said card or the actual card is not presented to the operator for inspection).

    The foregoing provisions do not apply to police tows or tows that occur due to the provision of municipal services such as snow plowing, street repair, street cleaning, or similar municipal activities. (Ord. 2012-332 (part): Ord. 2009-394 § 1 (part)).

 

 

Chapter 5.21  VEHICLES FOR HIRE

 

Sections:

    5.21.010       Definitions.

    5.21.020       Regulations.

    5.21.030       Vehicle requirements.

    5.21.040       Commercial automobile liability insurance.

    5.21.050       Driver requirements.

    5.21.060       Party bus regulations.

 

 

5.21.010          Definitions.

    The following words and phrases as used in this chapter shall have the meanings as set out herein:

    A.    "Advertising" shall mean to advise, announce, give notice of, publish, or call attention by use of oral, written, or graphic statements made in newspapers, telephone directories or other publications or on radio or television, any electronic medium, or contained in any notice, handbill, catalog, newsletter, poster, sign, flyer, business card or letter.

    B.    "Compensation" shall mean a return in money, property, or anything of value for the rendition of vehicle for hire service.

    C.    "Commercial business office" shall mean the primary place of business where management and employees perform office work for a vehicle for hire company and which shall meet the following requirements: a) properly zoned, b) customer/employee parking, c) sufficient commercial vehicle parking, d) sanitary facilities/restrooms, e) dedicated wired phone line with a unique/dedicated number, f) identifying signage, and g) central dispatch. The address of the commercial business office must match the address on the local business tax receipt.

    D.    "Driver" shall mean the individual who is driving or physically operating the taxicab, limousine, shuttle, or other passenger vehicle for hire and includes the term "chauffeur."

    E.     "Limousine" shall mean a chauffeur-driven motor vehicle, modified-for-the-purpose as a luxury stretch vehicle, regardless of length and which contains a fixed partition used to separate the driver and passenger seating areas. A limousine is prohibited from using a taximeter and toplight unless it is being used as taxicab.

    F.     "Manifest" shall mean written or electronic/digital documentation prepared by the vehicle for hire business providing individual trip logs for each pickup/drop-off of passengers that can be viewed upon request by law enforcement officers. The "manifest" shall be in the possession of the vehicle for hire driver and central dispatch and shall include the business name, business phone number, name of the passenger (if provided/known), pickup/drop-off address and dates/times involved.

    G.    "Municipal exemption" shall mean the recognition by city of certain vehicle for hire businesses authorized to operate through municipal ordinances and which may be exempt from paying certain fees required by this chapter. In order to exercise this exemption, such businesses must be physically located, operating and dispatching within the city limits of the municipality approving the business to operate. Such exempt businesses must meet all other requirements of this chapter.

    H.    "Nonmedical, wheelchair and stretcher transportation service" shall mean the transportation of persons while on stretchers or wheelchairs, or persons whose handicap, illness, injury, or other incapacitation makes it impractical to be transported by a regular common carrier such as a bus, taxicab, or other vehicle for hire. Such persons do not need, nor are likely to need, any medical attention during transport.

    I.      "Passenger" shall mean a person utilizing a vehicle for hire for the purpose of being transported to a destination, or a person who is awaiting the arrival of a dispatched vehicle for hire, and does not include the chauffeur.

    J.     "Prearranged" shall mean a written, e-mail, fax or telephone reservation made at least thirty minutes in advance by the person requesting service from a vehicle for hire business. Such reservations shall be documented in written form by the business. The written documentation requested herein shall be made available immediately upon the request of authorized personnel or law enforcement.

    K.    "Sedan" shall mean any pre-arranged vehicle for hire, not equipped with a taximeter, which is not a limousine, SUV, transport van/shuttle, nonmedical wheelchair and stretcher transportation vehicle or taxi. Sedans shall include all other commercially manufactured passenger vehicles not already defined herein. Such vehicles shall not display the word "taxicab," "taxi," or "cab" on the vehicle exterior or interior. A sedan is prohibited from using a taximeter and toplight unless it is being used as a taxicab.

    L.     "Sport utility vehicle or SUV" shall mean a type of passenger vehicle which combines the load-hauling and passenger-carrying capacity of a large station wagon or minivan. An SUV is prohibited from using a taximeter and toplight unless it is being used as a taxicab.

    M.    "Taxicab" shall mean a motorized vehicle, equipped with a taximeter, engaged in the transportation of passengers for compensation, and where the route or destination is controlled by the passenger.

    N.    "Taximeter" shall mean any device permanently and internally mounted in a taxicab and which records and indicates a charge or fare measured by distance traveled, waiting time or other traditionally compensable activities of taxicab service.

    O.    "Top light" shall mean a permanently installed roof mounted lighted device which shall be illuminated whenever the taximeter is on. The top light must be a minimum size of ten inches by four inches permanently mounted on the vehicle roof and display or include the word "taxi," "taxicab" or "cab."

    P.     "Transport van/shuttle" shall mean a motor vehicle not equipped with a taximeter, with a seating capacity for at least four passengers, exclusive of the driver, where there is no separation of the driver and passenger compartments and not modified from the manufacturer's specifications. A functioning seat belt must be available for each passenger.

    Q.    Reserved.

    R.    "Vehicle for hire" shall mean any motorized, self-propelled vehicle engaged in the transportation of persons upon the streets of the city with the intent to receive compensation for providing such transportation, and shall include, but not be limited to, nonmedical, wheelchair and stretcher transportation services, taxicabs, transport vans/shuttles, SUVs and limousines. The term shall not be construed to include ambulances.

    S.     "Vehicle for hire company" shall mean any individual, partnership, association, corporation, broker or other legal entity which holds business permits for or contracts with one or more vehicles for hire, provides vehicles or services to drivers of vehicles for hire, or which operates a central dispatch for one or more vehicles for hire.

    T.     "Vehicle for hire driver's I.D. badge (I.D. badge)" shall mean a permit authorizing the holder thereof to utilize the motor vehicle(s) described in said permit for the transportation of passengers as authorized pursuant to this chapter.

    U.    "Vehicle for hire service standards" shall mean a summary of "passenger" and "driver" expectations prominently displayed within every vehicle for hire passenger compartment. (Ord. 2016-587 (part): Ord. 2012-332 (part)).

 

5.21.020          Regulations.

    A.    Compliance with the provisions of this chapter shall in no way relieve an individual or vehicle for hire company from compliance with all municipal, county, state and federal laws.

    B.    Vehicle for hire businesses and drivers shall cooperate fully at all times with law enforcement personnel in furnishing information required in connection with requests for proof of insurance, vehicle registration, driver's I.D. badge, manifest inspection or investigations of consumer complaints. Further, vehicle for hire businesses and drivers shall not obstruct, hamper or interfere with an investigation of alleged violations of this chapter conducted by the finance department or a law enforcement officer. At no time shall a vehicle for hire driver use abusive language or display discourteous, hostile, aggressive or other inappropriate behavior toward passengers, other vehicle for hire drivers, finance department personnel, any law enforcement officer or any agency authorized to enforce this chapter.

    C.    All taxicabs and nonmedical wheelchair and stretcher transportation service vehicles shall clearly display on the exterior of the driver and passenger side of the vehicle, permanent vinyl or painted lettering at least four inches high and in clearly visible bold contrasting colors, the vehicle for hire company's name and telephone number. Magnetic signage is not permitted.

    D.    Law enforcement officers are authorized to seize and impound any vehicle for hire which such employee or officer has probable cause to believe is being operated without commercial liability insurance and in violation of this chapter.

(Ord. 2016-587 (part): Ord. 2012-332 (part)).

 

5.21.030          Vehicle requirements.

    A.    It shall be a violation of this chapter to fail to meet the requirements of vehicles described in this section and in any section pertinent to that particular type of vehicle.

    1.     The windshield and all side and rear windows shall provide clear visibility and operate according to the manufacturer's specifications. The windshield and all windows shall possess no breakage, cracks or pits that impair visibility or hinder the safety of passengers. All window cranks/power window switches shall be complete, intact and functioning. Windows on vehicles for hire shall not be covered by, or treated with, a material which would cause the vehicle to be in violation of local ordinance or state law.

    2.     All standard manufacturer's interior equipment shall be complete, intact and functioning; including, but not limited to interior lights, dashboard, trim, gear shifts and head rests. Vehicle interiors must not contain loose objects and must be clean, sanitary, and free of broken seats/protruding sharp edges or torn or damaged upholstery, headliner, or floor coverings. The vehicle's interior must be free of offensive odors. The floor board shall be free of rust and holes. Trunks and luggage compartments must be kept clean and free of debris.

    3.     All doors must have operating handles, which allow opening from both the inside and outside, and door hinges and latches must function properly. Door locks must be operable by passengers at all times. Door seals and gaskets must be intact/operating and prevent water, odor and fumes from entering the vehicle from outside. All door panels must be intact to prevent accidental injuries on door and window mechanisms.

    4.     Seat belts shall be available for all passengers (according to manufacturer's specifications and Iowa law). Seat belts shall be in operating condition, easily accessible, clean and free of grease and other objectionable substances.

    5.     All vehicles shall be equipped with a fully functioning heating and air-conditioning system which controls the temperature of the inside of the vehicle between sixty-eight and seventy-eight degrees Fahrenheit. The vehicle shall be equipped with a fully functioning windshield defrost or defogging system.

    6.     All vehicles shall be equipped with a light capable of illuminating the interior of the vehicle, controlled by the operation of the doors, or manually controlled by the driver.

    7.     The transportation of children shall be in accordance with child safety seats and restraints as provided by state law and local ordinance.

    8.     Those vehicles and operations, which are subject to the Americans with Disabilities Act (ADA), shall comply with the applicable provisions of said Act.

    9.     The vehicle's body, fenders, doors, trim, grill and paint must be free from cracks, breaks, rust, and body damage that detracts from the overall appearance of the vehicle or could result in harm or injury to the passenger or his/her personal belongings.

    10.   The vehicle must be equipped with safe tires of the same size. No recaps shall be used. Maximum allowable tread wear shall be where tread is level with the wear bar, or 2/32" when measured at three random places in the tire tread. The tires shall be inflated to manufacturer's specifications and free of cuts, cracks, bulges, or exposed belts.

    11.   Windshield wipers must be operational according to the manufacturer's specifications. Wiper blades shall be in such a condition as to make firm contact with the windshield when operational, and shall not be torn or worn.

    12.   Reflectors and lenses shall not be cracked or missing and must be the correct color and properly positioned.

    13.   Low and high beam headlights, turn signals, brake, tail and reverse lights shall be operable as required by state or local law. Each vehicle shall have a white light on the vehicle to illuminate the rear license plate so that it is clearly visible.

    14.   The vehicle suspension shall function as designed by the manufacturer.

    15.   The vehicle shall be equipped with an operating horn with the actuating button mounted in the location designated by the vehicle manufacturer and operated in the manner designed and assembled by the vehicle manufacturer.

    16.   Each vehicle shall contain an operating parking brake and a primary brake system which acts on all four vehicle wheels. There shall be no visible leaks in the brake line, hoses, wheel cylinders or any part of the brake system and no frayed cables. Brake linings and/or disc pads, when measured at the thinnest point shall not be less than one-sixteenth of an inch and firmly attached to the brake shoe or disc. Disc brake rotors and brake drums shall be of a size and type appropriate for the vehicle, with no cracks or other damage which change or impair the functional surface. All primary brake systems shall demonstrate a reasonable total braking force when conducting a rolling stop.

    17.   There shall be no leakage of exhaust gas from the exhaust manifold, muffler or any other point in the exhaust system as determined through a visual and audible inspection. The tail pipe shall discharge exhaust from the rear of the vehicle according to manufacturer specifications.

    18.   Belts shall show no signs of excessive wear and be free of cracks and frays. Hoses shall be firm and in good condition, free of leaks and cracks.

    19.   All fluid levels shall be maintained according to manufacturer's specifications.

    20.   Vehicles must be equipped with functioning speedometer and odometer.

    21.   Vehicles must receive routine maintenance according to the manufacturer's recommendations pertaining to service intervals.

    22.   Businesses must assure that each vehicle or driver has a means of communicating to a central dispatch or to emergency agencies with a two-way radio and/or cellular mobile telephone.

(Ord. 2016-587 (part): Ord. 2012-332 (part)).

 

5.21.040          Commercial automobile liability insurance.

    A.    It shall be unlawful for any vehicle for hire company or driver to operate and transport passengers for compensation unless it has in effect a currently valid liability insurance policy covering each vehicle which shall insure such vehicle for commercial automobile liability insurance for passenger transportation and shall meet or exceed minimum insurance limits as established by law of the company's state of domicile.

    B.    Each vehicle for hire driver shall be able to produce proof of insurance coverage upon demand by a law enforcement officer.

(Ord. 2016-587 (part): Ord. 2012-332 (part)).

 

5.21.050          Driver requirements.

    A.    A vehicle for hire/taxicab driver is not qualified if:

    1.     Is under the care of a physician who has prescribed a drug for the applicant for whom one of the contraindications is a prohibition on driving a motor vehicle and the prescriptive period is still open.

    2.     Has been convicted of a felony;

    3.     Has been convicted of a misdemeanor involving assault on a person;

    4.     Has been convicted of the offense of operating while intoxicated or under the influence of drugs or alcohol within the last three years or two such convictions in the last six years;

    5.     Has been convicted of three traffic violations in the past twelve months or five traffic violations in the last thirty-six months.

(Ord. 2016-587 (part): Ord. 2015-11 § 9: Ord. 2012-332 (part): Ord. 91-104 § 27).

 

5.21.060          Party bus regulations.

    In addition to complying with all other applicable sections of this title, a party bus may only be operated on the streets of the city subject to the following regulations:

 

    A.    No passenger who is under the age of twenty-one may possess or consume alcoholic beverages.

    B.    No passenger may engage in disorderly conduct.

    C.    No passenger may hurl any projectile from the vehicle for hire.

    D.    No passenger on a vehicle for hire shall commit an indecent exposure.

    E.     No passenger on a vehicle for hire may litter.

    F.     No passenger shall possess or use a controlled substance as defined by state law.

(Ord. 2016-587 (part): Ord. 2012-332 (part)).

 

 

 

Chapter 5.22  PAWNBROKERS, SECOND-HAND DEALERS AND JUNK DEALERS

 

Sections:

    5.22.010       Definitions.

    5.22.020       Exemptions.

    5.22.030       License required.

    5.22.040       License application.

    5.22.050       Investigation of the application.

    5.22.060       Issuance of the license.

    5.22.070       License fee and transferability.

    5.22.080       Display of license.

    5.22.090       Suspension or revocation.

    5.22.100       Effect of revocation.

    5.22.110       Record of transaction.

    5.22.120       Articles to be retained.

    5.22.130       Prohibited practices and purchases.

    5.22.140       Penalty.

 

 

 

5.22.010          Definitions.

    The following definitions shall apply to the interpretation and enforcement of this chapter.

    A.    "Pawnbroker" shall mean any person engaged in the business of buying tangible personal property for which a record of transaction is required to be filed, whether said purchase is subject to the seller's right of repurchase or redemption or not; or a person engaged in the business of receiving actual possession of tangible personal property for which a record of transaction is required to be filed as security for loans with or without a mortgage, lien, or bill of sale.

    B.    "Second-hand dealer" shall mean any person engaged in the business of buying or selling second-hand goods.

    C.    "Second-hand goods" shall mean tangible personal property previously owned by another person, whether used or not, which property, in its present state, possesses utility for the purpose for which it was originally intended.  This definition shall include gold, silver, copper, or platinum articles bought for resale or meltdown, and coins.

    D.    "Junk dealer" shall mean any person engaged in the business of buying, selling, or bartering junk.

    E.     "Junk" shall mean any article, material, or property that because of its age, deterioration, or use, has lost its original utility or desirability; but which by alteration, restoration, or salvage may furnish an item or items of value.  This definition shall include parts of original articles, materials, or property.

    F.     "Person" shall mean any individual, firm, partnership, association, or corporation, or any principal, employee, agent or servant, thereof.

    G.    "Established dealer" shall mean any person who has engaged in any occupation regulated under this chapter for more than thirty consecutive days at a fixed location in Davenport, Iowa.

    H.    "Itinerant dealer" shall mean any person who engages in any occupation regulated under this chapter who is not an established dealer.

    I.      "Antique dealer" shall mean any person who engages in the business of buying or selling second-hand goods of or typical of an earlier period of time which have special value because of their age.  If ninety percent of an antique dealer's business involves items of tangible personal property for which no record of transaction would be required, the dealer shall be licensed as a second-hand dealer.  If more than ten percent of the antique dealer's business involves items of tangible personal property for which a record of transaction would be required, the dealer shall be licensed as a pawnbroker.  If an antique dealer is licensed as a second-hand dealer, items of tangible personal property which are purchased or taken in by the dealer for which a record of transaction would be required shall be reported to the police department as required in Section 5.22.110 on a weekly basis and the property shall be kept and maintained as required in Section 5.22.120 Any person claiming to qualify as a second-hand dealer hereunder shall be required to prove that he/she has met the requirements stated herein to the satisfaction of the police department.

    J.     "Recycler" shall mean any person who collects, separates, and processes any waste, or material which would otherwise become waste, in an effort to return the material to use as raw materials or new products. (Ord. 2012-332 (part): Ord. 97-124 § 1: Ord. 96-541 § 1: Ord. 81-612 § 3).

 

5.22.020          Exemptions.

    The provisions and regulations of this chapter shall not apply to:

    A.    Charitable organizations, including but not limited to, the Salvation Army and Good Will Industries.

    B.    Auctioneers and Auction Houses.  An auctioneer or auction house is a person who sells property, for a third party, for a fee and at a public sale where property is sold to the highest bidder. One who takes the name of "auctioneer" or "auction house" shall not be exempt unless they meet all of the criteria set forth herein and are licensed pursuant to Chapter 5.03 of the Davenport Municipal Code.

    C.    Events such as, but not limited to, flea markets, and garage sales where second-hand goods are sold to the general public.

    D.    Events such as fairs, conventions or hobby shows where specific specialized goods are bought and sold by hobbyists.

    E.     Persons purchasing tangible personal property for which a record of transaction would be required, who hold a current, valid retail business license pursuant to Chapter 5.17 of the Davenport Municipal Code, and whose primary business involves the sale of new, unused tangible goods, wares, merchandise, or personal property; and whose sales and purchases of second-hand goods constitutes less than five percent of their gross annual sales.  Any person claiming to be exempt pursuant to this subsection shall be required to prove that they meet the qualifications to the satisfaction of the police department.  Such proof shall be required to be established annually.  The exemption provided by this subsection shall apply only as to the licensing requirements.  Records of transactions shall still be kept and maintained as required by Section 5.22.110, except that they shall be submitted to the police department on not less than a weekly basis; such records shall also be kept and maintained at the businesses' address, and open to inspection upon demand by any member of the criminal investigation department of the police department for at least one year from the date of the transaction.  Any tangible personal property taken in shall be retained as required by Section 5.22.120.

    F.     Purchases of second-hand goods from the executor of an estate, the designated attorney for an estate or other entity, or a trustee or receiver for an estate or other entity shall be exempt from the provisions of this chapter provided that the person purchasing said second-hand goods keeps a record of the transaction which complies with the requirements of Section 5.22.110 together with a copy of the file-stamped court document which establishes the persons selling said second-hand goods is the executor, attorney, trustee, or receiver.  Said record shall be submitted to the police department on not less than a monthly basis; and be kept and maintained at the business's address, and open to inspection upon demand by any member of the criminal investigation department of the police department for at least one year from the date of the transaction.

    G.    Recyclers shall be licensed as junk dealers and pay the appropriate license fee. However, recyclers shall be exempt from the provisions and regulations of this chapter except that recyclers must report to the police department within a week any purchases from members of the public of gas grills, aluminum bleachers, aluminum ladders, and any other item which the chief of police may from time to time designate. Such report shall include the name and address of the seller, the date of the transaction and the quantity and type of item sold.

    H.    Government entities. (Ord. 2012-332 (part): Ord. 97-124 § 2: Ord. 96-541 § 2: Ord. 88-200 § 1: Ord. 81-612 § 4).

 

5.22.030          License required.

    No person, unless otherwise indicated, shall engage in business as a pawnbroker, second-hand dealer or junk dealer within the city limits without first having procured a license therefor from the city clerk's office, and complied with other requirements of this chapter. (Ord. 2012-332 (part): Ord. 81-612 § 5).

 

5.22.040          License application.

    An application for a business license shall be filed with the city clerk upon forms provided by the city.  The application contents and information shall be signed and sworn to by the owner and/or applicant of the business.  The application shall contain the following information:

    A.    The full name and address of each owner of the business, and if a partnership, the full names and addresses of all partners, and if a corporation, the full names and addresses of all of the corporation's officers, directors and its registered agent.

    B.    The work or employment history of the owner and business manager for the past five years.  If the applicant is a corporation, the information shall be provided for the chief administrative officer in charge of the Davenport business and the business's manager.  If the applicant is a foreign corporation a copy of its certificate to do business in Iowa shall be attached.  If the applicant is a partnership the information provided shall be provided for each partner and the business manager.

    C.    A list of all felony and misdemeanor convictions, excluding traffic violations, which occurred within the last ten years immediately preceding the application.  This information shall be provided for each owner, manager, partner, corporate officer or director.

    D.    The address of the place of business and the business telephone number.

    E.     The social security number and driver's license number and state of issue of the driver's license for each owner, manager, partner, and corporate officer or director.

    F.     Whether the owner or applicant has ever had a similar license suspended or revoked, and if so the details thereof.

    G.    The application shall be accompanied by a financial statement (a recent business account bank statement or balance sheet or personal bank account statement or balance sheet).  The financial statement shall identify all sources from whom money or capital was (or will be) obtained for the funding of the business.  The financial statement shall also identify all bank accounts used by the business and identify all persons permitted to sign checks and withdraw funds.

    H.    Such other information as the city may require.  (Ord. 2012-332 (part): Ord. 96-541 § 3).

 

5.22.050          Investigation of the application.

    Upon the filing of an application, the city clerk shall forward a copy of the same to the chief of police or his designee who shall then investigate the application and file a written report and recommendation with the city clerk regarding the approval or denial of the license.  The report shall clearly state the reason or reasons that an application is denied.  (Ord. 2012-332 (part): Ord. 96-541 § 4).

 

5.22.060          Issuance of the license.

    A.    If the city clerk, based upon the recommendation of the police department, finds that the applicant meets the requirements of this chapter and will abide by the provisions of this chapter, the city clerk may issue a business license to the applicant.

    B.    An application may be denied for any of the following reasons:

    1.     The applicant, owner, manager, partner, corporate officer, or corporate director has had a previous business license suspended or revoked.

    2.     The applicant, owner, manager, partner, corporate officer, or corporate director was convicted of a crime involving robbery, burglary, theft, forgery, fraudulent or deceptive practices; possession, manufacture or delivery, or possession with intent to manufacture or deliver a controlled substance, possession of drug paraphernalia, nonpayment of excise taxes for controlled substances, nonpayment of any taxes, or insolvency.

    3.     The application contains incomplete, false, or misleading information.

    4.     Approval of the application would violate any other section of this chapter. 

    5.     For new applicants only, inability to transmit records of transaction to the police department via computer modem in a format which is compatible with the police department's computer database. (Ord. 2012-332 (part): Ord. 98-572: Ord. 96-541 § 5).

 

5.22.070          License fee and transferability.

    A.    A second-hand dealer whose business does not involve buying tangible personal property, for which a record of transaction would be required to be filed pursuant to this chapter, shall pay an annual license fee of fifty dollars to operate as a second-hand dealer.  For pawnbrokers, junk dealers and persons buying or taking in items of tangible personal property for which a record of transaction would be required, the annual fee for an established dealer for a license to operate under this chapter shall be three hundred dollars.  Itinerant second-hand dealers, junk dealers, and pawnbrokers shall pay an annual license fee for the issuance of a license to operate under this chapter in the amount of five hundred dollars.

    B.    If a new applicant provides a copy of a lease which indicates that the prospective licensee will be in business for at least twelve consecutive months from the date the license is granted, the applicant shall qualify for a license at the fee rate for an established dealer.

    C.    The license for an itinerant dealer shall specify the date or dates upon which the business will be operated.

    D.    A license issued pursuant to this chapter shall not be transferable to another location or another person, and there shall be no refund of the license fee for any reason.  (Ord. 2012-332 (part): Ord. 96-541 § 6: Ord. 81-612 § 6).

 

5.22.080          Display of license.

    The license issued under this chapter shall be posted conspicuously in each place of business so licensed.  (Ord. 2012-332 (part): Ord. 96-541 § 7: Ord. 81-612 § 7).

 

5.22.090          Suspension or revocation.

    The City of Davenport Finance Director or the Director’s designee may suspend or revoke a license issued pursuant to this chapter for any of the following reasons:

    A.    The licensee’s application contains a misrepresentation of any fact, a false statement, or a misleading statement. 

    B.    The licensee has violated any of the provisions of this chapter or has otherwise conducted its business in an unlawful manner. 

    C.    The licensee, owner, manager, partner, corporate officer or director has been convicted of a crime involving fraudulent or deceptive practices, such as, but not limited to, robbery, burglary, theft, forgery, or the possession, manufacture or delivery of a controlled substance, or non-payment of excise taxes or any other taxes, or insolvency. 

    D.    Any reason that constitutes grounds for denial of the issuance of a license. 

    Upon the receipt of a decision suspending or revoking a license the licensee may request an administrative hearing as provided in Section 2.86.020 of the city code.  At the hearing the licensee shall be allowed a reasonable opportunity to be heard in order to show cause as to why the adverse decision should not be upheld.  The burden of proof shall be upon the licensee.  The hearing shall be scheduled and held as provided by the procedures in Chapter 2.86 of the city code.  If no timely appeal is filed the licensee shall be deemed to have waived all rights to challenge the suspension or revocation of its license.  (Ord. 2015-118 § 4: Ord. 2012-332 (part): Ord. 96-541 § 8: Ord. 81-612 § 8).

 

5.22.100          Effect of revocation.

    Revocation of a business license shall bar the licensee, owner, manager, partner, officer or director from being eligible for any license hereunder for a period of one year from the date of the revocation. There is no automatic reinstatement of a revoked license.  A new application must be made and issuance of a license will be determined therefrom.

    Suspension of a business license for the remainder of its one-year period also requires a new application with no automatic reinstatement of the license.  Suspension of a business license for less than the remainder of its one-year period means that the license is automatically reinstated at the end of the suspension period, but only if the licensee has posted a new case bond with the city.

    No business license shall be approved for a new applicant whose place of business is the same as a previous licensee whose license was suspended for the remainder of its one-year period, or whose license was revoked, until twelve months have elapsed from the effective date of the suspension or revocation.  (Ord. 2012-332 (part): Ord. 96-541 § 9: Ord. 81-612 § 9).

 

5.22.110          Record of transaction.

    Every pawnbroker, second-hand dealer or junk dealer shall keep and maintain, on computer software, an accurate account of each and every purchase, pawn, or exchange of the following tangible personal property:

    A.    Items consisting in whole or in part of gold, silver, platinum, copper or other precious metals;

    B.    Collections of ten or more coins or bills of currency;

    C.    Items which contain or consist of precious or semiprecious gem stones used as or for decoration or jewelry, and other items of jewelry;

    D.    Articles with serial numbers or model numbers, including, but not limited to appliances, tools, radios, stereo equipment, televisions, video recorders, camcorders, cameras, video equipment, computers, computer accessories, video game equipment and accessories;

    E.     Musical instruments;

    F.     Movie cassette tapes and discs, music cassette tapes, compact discs, record albums, computer software and diskettes, and video game cartridges; however, if a person pawns more than ten of any one type of property as described in this subsection, the pawnbroker need only specifically identify ten of the items and also state the total number of that type of property taken in;

    G.    Metal and scrap metal products consisting of traffic signs, guardrails, gas barbecue grills or grill parts, and aluminum siding, aluminum ladders, aluminum stadium bleachers or parts thereof, aluminum boats, spools of aluminum or copper wire, and other products consisting of aluminum;

    H.    Rifles, shotguns, firearms, and handguns.

    The record of each transaction shall be entered and maintained using the software required by the police department and shall include a complete, detailed, and accurate description of each article pawned, purchased, or taken in, including serial numbers and model numbers; a transcription of any engraving or other identifying labels, markings, or writings located on the item; brand name and model number of each item if applicable; the title of movie cassette tapes or discs; the title and artist name of musical cassette tapes, albums, or compact discs; the number and description of any decorative precious or semiprecious gems, stones, or jewelry, with the additional requirement that any of jewelry or jewelry-like item be digitally photographed in such a way as to identify the item by way of serial number, engraving, or identifiable marking, along with a download of a photo identification of the person pawning or selling the item; the brand name and title of any video game cartridge; the brand name and title of any computer software; and the price paid to the customer for each item.  The record of transaction shall be transmitted to the chief of police or his designee by modem or diskette not later than noon of the next day following the transaction.  The computer record format for each transaction modemed or submitted diskette will be specified by the chief of police or his designee.  A test diskette or test modem data download will be done by each pawnbroker, second-hand dealer, or junk dealer, with a written certification from the chief of police or his designee stating that the computer format is acceptable and may be used.

    The record of transaction shall include the date and time of the transaction, a description of the customer selling, pawning, or exchanging tangible personal property, which description shall include the person's name, address, date of birth (month/day/year), sex, social security number, approximate height and weight, and other distinguishing characteristics (scars, tattoos, birth marks, known physical limitations). The dealer or employee involved in the transaction shall be identified for each item listed on the record of transaction. No such entry shall be erased, obliterated, or deleted in any manner. A separate record of transaction shall be completed for each transaction between the licensed establishment and a particular customer for that specific date and time. Transactions with a particular customer on the same date as a previous transaction but at a later time, shall be completed on a separate record of transaction as if the earlier transaction had not occurred. Transactions between licensed establishments located at different addresses shall be recorded on the record of transaction in the same manner as any other required recorded transaction.

    The record of transaction shall be transmitted to the chief of police or his designee by not later than noon of the next day following the transaction.

    The record of transaction as well as each item of tangible personal property pawned, pledged, or purchased shall, at all reasonable times, be open to inspection upon demand by any member of the criminal investigation department (CID) of the police department.  Each licensee shall keep, file and maintain copies of the records of transaction for at least one year from the date of the transaction.  (Ord. 2012-332 (part): Ord. 2005-128 § 1: Ord. 96-541 § 10: Ord. 81-612 § 10).

 

5.22.120          Articles to be retained.

    No person shall sell, melt, change, dispose of, transfer, or alter in any manner any tangible personal property received in pawn, exchange, or purchase, for a minimum period of ten days after the delivery of the record of transaction to the police department, unless the property pawned is redeemed by the person who originally exchanged it with the licensee.

    During the ten-day waiting period, the dealer shall separate each day's acquisitions either by tagging each article or placing each article in a container such that the date of the acquisition of the article is clearly indicated.

    In the event that the chief of police or his designee has reasonable suspicion that an article pawned, purchased or exchanged is stolen or that information furnished by the customer is false, the retention period may be extended for an additional seven days.  (Ord. 2012-332 (part): Ord. 96-541 § 11: Ord. 81-612 § 11).

 

5.22.130          Prohibited practices and purchases.

    A.    It shall be unlawful for any person subject to the provisions of this chapter to acquire any tangible personal property described in Section 5.22.110 from any person under eighteen years of age.

    B.    It shall be unlawful for any person subject to the provisions of this chapter to acquire any tangible personal property which bears evidence of a serial number which has been tampered with, scratched, obliterated, or altered in any manner, unless the person informs the detective bureau of the police department of such fact before the close of business on the date the transaction occurred.

    C.    It shall be unlawful for any person subject to the provisions of this chapter to acquire any tangible personal property described in Section 5.22.110 without first examining and identifying credentials of the customer selling, exchanging or pawning such property.

    D.    No person subject to the provisions of this chapter shall acquire any article of tangible personal property described in Section 5.22.110 from any person who is or appears to be intoxicated or under the influence of a controlled substance, nor when notified by the police department that they shall not accept pawns from a specifically identified person.

    E.     No person licensed to operate as a pawnbroker, second-hand dealer, or junk dealer pursuant to this chapter, shall purchase tangible personal property as described in Section 5.22.110 without submitting a record of transaction therefor.  The record of transaction must indicate if the purchase was for personal or business use.  However, if a person licensed pursuant to this chapter purchases tangible personal property as described in Section 5.22.110 for personal use, and receives a bill of sale from the vendor which states the name and address of the vendor and the amount paid for the property, together with a written description of the property which is adequate to identify that the receipt is for the purchase of that property, and the licensee keeps and maintains the receipt for as long as the licensee owns the property, no record of transaction need be completed or submitted to the police department

    F.     It shall be unlawful for any person subject to the provisions of this chapter to acquire any tangible personal property from anyone who has been convicted of theft, robbery, burglary, fraud, forgery, or any drug related criminal offense.  A law enforcement officer may provide such criminal conviction information to a pawnbroker or second-hand dealer.  When any person is found to be the owner of stolen property which has been pawned, such property shall be returned to the owner thereof without the payment of the money advanced by the pawnbroker or second-hand dealer thereon or any costs or charges of any kind which the pawnbroker or second-hand dealer may have placed upon the same. (Ord. 2012-332 (part): Ord. 96-541 § 12: Ord. 61-612 § 12).

 

5.22.140          Penalty.

    A violation of any of the provisions of this chapter shall constitute a simple misdemeanor punishable as provided in Iowa Code § 903.1.  (Ord. 2012-332 (part): Ord. 2005-128 § 2: Ord. 96-541 § 13: Ord. 81-612 § 13).

 

 

 

Chapter 5.23  METAL RECYCLERS AND SALVAGE OPERATORS

 

Sections:

    5.23.010       Purpose.

    5.23.020       Definitions.

    5.23.030       Exemptions.

    5.23.040       License required.

    5.23.050       Records required.

    5.23.060       Receipt required.

    5.23.070       Holding period.

    5.23.080       Police notice to hold.

    5.23.090       Police order to confiscate.

    5.23.100       Inspection of premises.

    5.23.110       Business regulations and prohibited acts.

 

 

5.23.010          Purpose.

    The purpose of this chapter is to aid law enforcement officers in the discovery and identification of stolen property and identification of persons selling stolen property through the establishment of a mandatory recordkeeping and reporting system in order to prevent these types of businesses from being used as facilities for the concealment of criminal activity thereby protecting the public health, safety and general welfare of the citizens of the city. (Ord. 2012-332 (part): Ord. 2008-354 § 2 (part)).

 

 

5.23.020          Definitions.

    "Auto recycler" shall mean any person who operates an establishment at which motor vehicles are kept and dismantled for the purpose of selling usable parts by said business either at wholesale or retail.

    "Metal recycler" or "salvage operator" shall mean any person who operates an establishment that buys, sells or barters junk or scrap involving a reportable transaction.

    "Recordable transaction" shall mean the buying of, or bartering for or acquisition of scrap, junk or other salvage materials such as motor vehicle or machinery parts; new or used, undamaged or damaged, defective or nondefective items consisting, in whole or in part, or iron, steel, copper, brass, bronze, aluminum, zinc, magnesium, stainless steel alloy, titanium; or electric scrap.

    "Scrap" or "junk" shall mean any article, material or tangible property that, because of its age, deterioration or use, has lost its original utility or desirability, but which, by alteration, restoration or salvage may furnish an item or items of value. Any article, material or tangible property is presumed to be junk or scrap by its presentation to a metal recycler or salvage operator.

(Ord. 2012-332 (part): Ord. 2008-354 § 2 (part)).

 

 

5.23.030          Exemptions.

            The following transactions do not require a license otherwise required by this chapter:

    A.    Transactions conducted by a licensed auto recycler as provided in Iowa Code § 321.95;

    B.    Businesses involved only in the recycling of food storage containers made out of aluminum or metal. (Ord. 2012-332 (part): Ord. 2008-354 § 2 (part)).

 

 

5.23.040          License required.

    No person shall engage in business as a metal recycler or salvage operator at any location in the city without having first obtained a license for that location.  Issuance of a license under this chapter shall not relieve the licensee of an obligation to obtain any other licenses required to conduct any other business at this or any other location within the city. (Ord. 2012-332 (part): Ord. 2008-354 § 2 (part)).

 

 

5.23.050          Records required.

    A.    Each licensee shall keep complete, accurate and legible records of all purchases or receipts of scrap or junk. Such records shall include the following:

    1.     Name and address of person from whom the scrap or junk was received.

    2.     Date of birth of the person from whom the scrap or junk was received.

    3.     Iowa driver's license number, or Iowa identification card number, or social security  number together with photo identification and a statement of the type of photo identification presented; the record should reflect which form of identification was used for the transaction for the person from whom the scrap or junk was received.

    4.     Gender and race of the person from whom the scrap or junk was received.

    5.     The vehicle license plate number of the vehicle used to deliver the scrap or junk (temporary tag number if a temporary license plate is on the vehicle).

    6.     The date and time of the transaction.

    7.     An accurate and detailed verbal description of the scrap or junk obtained.

    8.     The value or amount paid for the scrap or junk obtained.

    9.     The weight or quantity of the scrap or junk obtained.

    10.   A digital photograph of the person from whom the scrap or junk was received and a digital photograph of the scrap or junk received. 

    11.   The name and address of the person or entity to whom the scrap or junk was sold or otherwise transferred.

    B.    Licensees must provide all reportable transaction information to the police department via modem, internet or other means acceptable to the police department.  All records must be transmitted electronically, completely and accurately after the close of business each day.  If a licensee is unable to successfully transmit the required information to the police department electronically the licensee must immediately take steps to correct the problem.  If the problem is determined to be outside the licensee’s system, the license must provide the required information in written form and once the error is corrected the licensee shall re-submit the required reports electronically.  Failure to transmit required information may, absent extenuating circumstances as determined by the police department, subject the licensee to a fifty-dollar per day manual report fee. 

    C.    Such records shall be maintained at the business address for at least one year from the date of acquisition.

    D.    The information required to be recorded by subsection A shall not be required for transactions involving: the receipt of material from a governmentally recognized nonprofit or charitable organization, the receipt of material directly from a manufacturing, industrial or utility company, or the receipt of material from another licensed metal recycler or salvage operator. However, the licensee shall keep a sufficient record of the exempted transactions so as to be able to provide the police department with the name of the entity from whom the material was received, the date it was received, and an accurate and detailed description of the material received. (Ord. 2012-332 (part): Ord. 2008-354 § 2 (part)).

 

 

5.23.060          Receipt required.

    Every operator must provide a receipt to any person from whom the operator received goods for which a record is required, and must maintain a duplicate copy of that receipt for one year. The receipt must contain sufficient information to enable the police department to identify the transaction and every item related to it in the operator's records. (Ord. 2012-332 (part): Ord. 2008-354 § 2 (part))

 

 

5.23.070          Holding period.

    There is no required holding period for any item(s) received by a licensee that has complied with the record taking and keeping requirements of this chapter. If the operator cannot provide the information required to be taken and maintained by this chapter to the police upon request as required, the police may order the item(s) to be held as hereinafter provided and the business's license may be revoked. (Ord. 2012-332 (part): Ord. 2008-354 § 2 (part)).

 

 

5.23.080          Police notice to hold.

    Whenever a law enforcement agency official notifies a recycler or operator to hold an item, the item shall not be sold or removed from the premises until authorized to be released. An order to hold shall expire fifteen days from the date it is placed unless the law enforcement agency notifies the operator in writing that the hold period shall be extended an additional fifteen days. Hold extensions may occur up to a maximum of sixty days' time on any given item. (Ord. 2012-332 (part): Ord. 2008-354 § 2 (part)).

 

 

5.23.090          Police order to confiscate.

    If an item is identified as stolen property or evidence in a criminal case, the police department may physically confiscate and remove it from the premises or place it on hold and leave it at the premises pending the resolution of the criminal case. When an item is confiscated or ordered held on premises, the police department shall give the operator the name and telephone number of the contract at the police department and the case number related to the item. (Ord. 2012-332 (part): Ord. 2008-354 § 2 (part)).

 

 

5.23.100          Inspection of premises.

    The licensee must allow the police to enter the premises where the licensed business is located or where the business records are maintained, including off-site locations, during normal business hours, for the purpose of inspecting such premises and the items, merchandise and records to verify compliance with this chapter and any other applicable laws. (Ord. 2012-332 (part): Ord. 2008-354 § 2 (part)).

 

 

5.23.110          Business regulations and prohibited acts.

    A.    No person under the age of seventeen years may sell or attempt to sell, trade or attempt to trade goods with any licensee, and no licensee may receive any goods from a person under the age of seventeen years of age, except when the person under the age of seventeen years of age is accompanied by his or her parent or legal guardian.

    B.    The receipt required in Section 5.23.060 must be kept and maintained by the licensee for one year. All recordable transaction information shall be maintained by the licensee for one year.

    C.    No licensee shall receive any goods either by purchase or trade from any person whom a reasonable person would believe to be of unsound mind or in an intoxicated condition.

    D.    No licensee shall receive any goods unless the seller or trader personally presents identification in the form of either a current, valid driver's license or a current, valid state identification card issued to the person from whom the item was received to the licensee and the licensee verifies the person's identification.

    E.     No person may consign, trade or sell any article of property that is not their own; nor shall any person consign, trade or sell the property of another whether with permission or without; nor shall any person consign, trade or sell any item in which another has a security interest.

            F.    No person consigning, trading or selling any item to a licensee shall give a false or fictitious name, nor give a false date of birth, address or telephone number; nor shall a person present or show a false or altered driver's license or identification card to any licensee in consigning, trading or selling any item.

    G.    No licensee shall conceal, secrete or destroy any article purchased or received in any manner that would impair the police department's ability to identify the article and find the corresponding entry in the record of transaction related to the article.

    H.    No licensee shall sell, melt, break up or otherwise dispose of any article which it has reason to believe has been stolen or which is adversely claimed by any person, or which it has been notified to not sell or otherwise dispose of by any law enforcement officer, without first obtaining written permission to do so from the law enforcement officer.

    I.      Every act or omission by a clerk, agent or employee or employee of a licensee shall be deemed to be an act or omission of the licensee if such an act occurs either with the authorization, knowledge or approval of the licensee, or as a result of the licensee's failure to train, supervise or monitor the clerk, agent or employee. Accordingly, any act or omission by a clerk, agent or employee is deemed to be that of the licensee for purposes of determining whether the business license should be suspended, revoked or renewed. (Ord. 2012-332 (part): Ord. 2008-354 § 2 (part)).

 

 

Title 5 BUSINESS LICENSING AND REGULATION
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